A driving offence refers to any violation of the laws and regulations regulating the use of motor vehicles, including motorcyclists, on public roads. In Victoria, different driving offences are found in the Road Safety Act 1986 and the Crimes Act 1958, categorised as summary and indictable offences. Indictable offences are the more severe category of offences.
Driving offences range from minor infringements to serious offences resulting in imprisonment. Most driving offences are considered minor and heard in the Magistrates’ Court. However, driving offences involving death or serious injury caused by culpable or dangerous driving are liable to severe maximum penalties and are heard in the County or Supreme Court of Victoria.
Victoria also has specific hoon offences. These anti-hooning laws give police powers to impound, immobilise or permanently seize vehicles concerning relevant offences under the Crimes Act 1958, Road Safety Act 1986 (Part 6A) and the Road Safety Rules 2009.
Infringement notices
In Victoria, minor driving offences are legislated under the Road Safety Act 1986 and the Road Safety Road Rules 2017.
If you have been charged with a minor driving offence, such as speeding or using a mobile whilst driving, you will generally receive an infringement notice issued by post or as an on-the-spot fine.
The matter is considered finalised once an infringement notice is paid, and no further criminal proceedings can be taken against a person for that offence. The conviction is ‘immediately spent’, and no conviction is recorded.
Common traffic infringements and demerit point offences include:
- Speed-limit offences
- Failure to wear a seatbelt
- Failure to give way
- Driving an unregistered vehicle
- Use of a mobile phone while driving
- Failure to stop at a red light or follow road signs.
More serious summary offences, such as driving with excessive speed of over 25 km/h do not attract demit points and result in mandatory driver’s licence suspension.
Summary driving offences
Common summary offences related to driving found in the Road Safety Act 1986 include:
Driving offences involving alcohol or other drugs (s49): There are several different drink and drug driving offences, such as: driving or being in charge of a motor vehicle under the influence (s 49(1)(a)); driving or being in charge of a motor vehicle while the blood-alcohol content (BAC) exceeds the prescribed limit (s 49(1)(b)); ‘fail the test’ offences (s 49(1)(f), (g)); refusing a breath test (s 49(1)(c), (d), (e)); and combined drink-driving and drug-driving (s 49(1)(b), (c)). These offences have a range of penalties and licence suspension periods depending on the nature of offending.
Duty of driver to stop and render assistance if accident (s61): When a driver is involved in motor vehicle accident causing any injury to a person or damage to property, the driver must stop. If necessary, the driver must render assistance provide information to relevant persons at the scene or the nearest police station. Depending on the circumstances, the penalties can be severe, including imprisonment.
Dangerous driving (s64): Driving at a speed or in a manner that is dangerous to the public, given the circumstances.This offence is liable to a maximum penalty of 240 penalty units or 2 years imprisonment or both. Licence disqualification is mandatory for a period of 6-12 months.
Careless driving (s65): Failing to exercise the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. This offence is liable to a maximum penalty of 12 units for a first offence and 25 units for a subsequent offence. Defendants may also be subject to a period of licence suspension.
Driving while unlicensed, disqualified or suspended (ss18, 30 & 30AA): Maximum penalties for these offences range from 10 penalty units or 1-month imprisonment to 240 penalty units or 2 years’ imprisonment.
Improper use of motor vehicle (s65A): Intentionally driving a motor vehicle in a way that causes one or more of the wheels to lose traction, such as doing burnouts, drifting or fishtailing. The maximum penalty for this offence is a fine of 5 penalty units. The Court also has a general discretion to suspend or cancel a driver licence.
Indictable driving offences
In Victoria, more serious driving offences are found in the Crimes Act 1958, including:
- Causing serious injury intentionally (s16): maximum penalty of 20 years’ imprisonment.
- Causing serious injury recklessly (s17): maximum penalty of 15 years’ imprisonment .
- Causing injury intentionally or recklessly (s18): maximum penalty of 5 years imprisonment.
- Conduct endangering life (s22): maximum penalty of 10 years imprisonment.
- Conduct endangering person (s23): maximum penalty of 5 years imprisonment.
- Negligently Causing Serious Injury (s24): maximum penalty of 10 years’ imprisonment.
- Culpable driving causing death (s318): maximum penalty of 20 years’ imprisonment.
- Dangerous driving causing death or serious injury (s319): maximum penalty of 20 years’ imprisonment for causing death and 5 years for causing serious injury.
- Dangerous or negligent driving while pursued by police (s319AA): maximum penalty of 3 years’ imprisonment with a minimum licence disqualification period of 12 months.
- Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving (s317AC): maximum penalty of 20 years’ imprisonment.
- Recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving (s317AE): maximum penalty of 10 years’ imprisonment.
If you have been charged or are under investigation for a driving offence, seeking legal advice from an experienced driving offence lawyer as soon as possible is critical.
While many driving offences may seem minor, this area of law is highly complex.
If your matter goes to Court, a wide range of factors may be relevant in determining the outcome of your case.
- The reason and circumstances behind the alleged offending:
- Evidence indicating who the driver of the car was;
- The condition of the road and traffic;
- The speed and nature of the driving;
- Any other elements of the offence noted in relevant legislation.
Seek advice early to ensure you can achieve the best outcome for your driving offence charges.
