10. Driving Offences (Victoria)¶
Road Safety Act 1986 (Vic) (RSA), Road Safety Road Rules 2017 (RSRR) and Crimes Act 1958 (Vic) (CA). Extracted from study notes. pu = penalty units; disq = licence disqualification; SS = standard sentence; Cat 2 = Sentencing Act 1991 (Vic) offence category; "relevant offence" = triggers Pt 6A impoundment / immobilisation / forfeiture; interlock = alcohol interlock condition. SORA does not apply to driving offences.
Section 64(2) of the Road Safety Act 1986 (Vic) expressly mandates licence cancellation and disqualification upon a "conviction or finding of guilt."
The Discretionary Power: Under section 28(1) of the RSA and section 89A of the Sentencing Act 1991 (Vic), the Magistrates' Court retains a broad discretionary power to suspend or cancel any driver licence, and disqualify the offender from driving for any specified period, upon a finding of guilt for any offence under the RSA
The value of a Victorian penalty unit is $203.51 (from 1 July 2025 to 30 June 2026) and will increase to $209.10 (from 1 July 2026 to 30 June 2027).
Registration & licensing offences (RSA Pts 2–3)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 7 | Use unregistered motor vehicle on a highway | (1) uses (or allows use of) a MV/trailer on a highway (25HW); (2) without registration or permit, or in breach of a condition of registration. Owner and driver both chargeable. | 1st 25pu subs 50pu body corp 1st 125pu subs 250pu Discretionary s 28 disq/sus — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 18 | Drive while unlicensed | (1) drives a MV on a highway; (2) without a licence/permit, or in breach of a licence/permit condition. | 60pu or 6m discretionary: immobilisation s 18(4) for up to 12m. separate Part 6A "hoon" classification. Under s 84C, an offence against s 18(1) is a "relevant offence", which is what plugs it into the impoundment/immobilisation/forfeiture machinery (NOT if s 18(2)/(2A) applies) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 18AB(1) | Learner driving unsupervised | (1) holder of learner permit drives a MV; (2) without a supervising licensed driver as required. | 60pu or 6m — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 21 | Probationary driver fail to carry licence | (1) probationary driver; (2) fails to carry licence while driving or in charge (25IC) of a MV. | 5pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 30(1) | Drive while disqualified / suspended | (1) drives a MV on a highway; (2) while authorisation suspended or during a period of disqualification. | 240pu or 2y strict liability (Kidd v Reeves [1972] VR 563); Honest mistake as to fact defence (Proudman v Dayman (1941) 67 CLR 536) Discretionary s 28 disq/sus. – Court power to cancel all licences/permits and disqualify/suspend a person from obtaining one "for such time as it thinks fit" relevant offence within the meaning of s 84C, which is the trigger for the Part 6A impoundment/immobilisation/forfeiture ("hoon") regime. s 84F 30-day police impound (longer / forfeit on priors); s 30A extend suspension if acquitted on the defence; s 31 cancel registration — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 30AA | Drive while suspended (infringements) | (1) drives a MV on a highway; (2) while licence suspended owing to fine default. | 10pu NOT a relevant offence (no impound/forfeit); Discretionary s 28 disq/sus — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| ss 33I, 33J | Automated-vehicle driving offences | 33I(1) drive an automated vehicle with no ADS permit in force; 33I(3) cause/permit another to do so; 33J(1) drive it in breach of ADS permit conditions. | 100pu (individual) / 500pu (corporate) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
Drink & drug driving offences (RSA Pt 5, s 49(1) and related)¶
Under section 3(1) of the RSA, the standard "prescribed concentration of alcohol" for a fully licensed driver is 0.05%.
Under the zero alcohol provisions of the Sentencing Act 1991 (Vic) and section 52(1B) of the RSA, a driver who has been previously disqualified by a court is subject to a mandatory 3-year zero BAC period from the first day they are re-licensed.
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 49(1)(a) | Drive/in charge under the influence (incapable of proper control) | (1) drives or is in charge (25IC) of a MV; (2) while under the influence of alcohol or any drug; (3) to the extent of being incapable of proper control (R v Burnside). | 1st 25pu/3m; 2nd 120pu/12m; subs 180pu/18m — disq mand 1st min 2y, subs min 4y; interlock 1st 6m (unless drug only), subs 4y; absolute liability — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(b) | Exceed prescribed concentration of alcohol (XPCA) | (1) drives or in charge of a MV; (2) voluntarily; (3) while exceeding the PCA (25PCA). | 1st 20pu; 2nd 60pu/6m (<.15) or 120pu/12m (>.15); subs 120pu/12m (<.15) or 180pu/18m (>.15) mand disq & interlock per Sch 1/1B BAC sliding scale; absolute liability; relevant offence if BAC ≥0.10 — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(ba) | Drive while impaired by a drug | (1) drives or in charge of a MV; (2) while unable to drive properly with ≥1 drug in system & behaviour usually associated with drug use. No need to prove incapable of proper control. | 1st 12pu; 2nd 120pu/12m; subs 180pu/18m disq mand 1st 12m, subs 2y; absolute liability; permissible-drug statutory defence (25PDR) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(bb) | Exceed prescribed concentration of drug (XPCD) | (1) drives or in charge of a MV; (2) with a prescribed illicit drug present in blood/oral fluid. | 1st 12pu; 2nd 60pu; subs 120pu disq mand 1st 6m, subs 12m; relevant offence if prior (same/similar) within 6y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(bc) | Exceed PCA and prescribed drug combined | (1) drives or in charge of a MV; (2) exceeding PCA AND with prescribed drug present. | 2nd 90pu/6m (<.15) or 180pu/12m (>.15); subs 180pu/12m (<.15) or 270pu/18m (>.15) disq/interlock per Sch BAC scale; relevant offence if BAC ≥0.10 — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)© | Refuse preliminary breath test (PBT) | (1) lawfully required to undergo a PBT (driving/in charge/at testing station/accident in last 3 hrs); (2) refuses by words or conduct. | 1st 12pu; |
| 2nd 120pu/12m; subs 180pu/18m disq mand 1st 2y, subs 4y; interlock 1st 6m, subs 4y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
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| s 49(1)(ca) | Refuse drug impairment assessment | (1) lawfully required to undergo a drug impairment assessment (s 55A); (2) refuses by words or conduct. | 1st 12pu; 2nd 120pu/12m; subs 180pu/18m disq mand 1st 2y, subs 4y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(d) | Refuse / fail to stop at PBT station | (1) driving a MV; (2) PBT station properly set up & operated, police on duty in uniform; (3) refuses/fails to stop or remain until permitted. | 1st 12pu; 2nd 120pu/12m; subs 180pu/18m disq mand 1st 2y, subs 4y; interlock 1st 6m (unless drug only), subs 4y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(e) | Refuse breath analysis / fail to accompany or remain | (1) obliged to provide breath for analysis after PBT (or s 55(2)); (2) consequences explained; (3) refuses to provide/accompany/remain (DPP v Piscopo: accompany & remain are separate requirements). | 1st 12pu; 2nd 120pu/12m; subs 180pu/18m disq mand 1st 2y, subs 4y; interlock 1st 6m (unless drug only), subs 4y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(ea) | Refuse blood / urine test | (1) drug assessment indicates possible impairment; (2) within 3 hrs of driving/in charge; (3) refuses blood &/or urine sample. | 1st 12pu; 2nd 120pu/12m; subs 180pu/18m disq mand 1st 2y, subs 4y; needle-phobia defence to blood-only refusal (R v Harding) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(eb) | Refuse saliva (oral fluid) test | (1) lawfully required to undergo roadside oral fluid test; (2) refuses. | 1st 12pu; 2nd 60pu; subs 120pu disq mand 1st 2y, subs 4y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(f) | Within 3 hrs of driving exceed PCA — breath | (1) within 3 hrs of driving/in charge; (2) furnishes breath sample; (3) exceeding allowable content for licence type. | 1st 20pu; 2nd 60pu/6m (<.15) or 120pu/12m (>.15); subs 120pu/12m (<.15) or 180pu/18m (>.15) disq/interlock per BAC scale; absolute liability; s 48(1A) deeming presumption; relevant offence if BAC ≥0.10 — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(g) | Within 3 hrs of driving exceed PCA — blood | (1) within 3 hrs of driving/in charge; (2) blood sample; (3) exceeding allowable content for licence type. | 1st 20pu; 2nd 60pu/6m (<.15) or 120pu/12m (>.15); subs 120pu/12m (<.15) or 180pu/18m (>.15) disq/interlock per BAC scale; absolute liability; relevant offence if BAC ≥0.10 — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(h) | Within 3 hrs of driving exceed prescribed drug — oral fluid | (1) within 3 hrs of driving/in charge; (2) oral fluid contains prescribed drug. | 1st 12pu; 2nd 60pu; subs 120pu disq mand 1st 6m, subs 12m; relevant offence if prior within 6y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(i) | Within 3 hrs of driving exceed prescribed drug — blood | (1) within 3 hrs of driving/in charge; (2) blood contains prescribed drug. | 1st 12pu; 2nd 60pu; subs 120pu disq mand 1st 6m, subs 12m; relevant offence if prior within 6y — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(1)(j) | Within 3 hrs exceed PCA and prescribed drug — blood | (1) within 3 hrs of driving/in charge; (2) blood exceeds PCA AND contains prescribed drug. | 1st 30pu; 2nd 90pu/6m (<.15) or 180pu/12m (>.15); subs 180pu/12m (<.15) or 270pu/18m (>.15) disq/interlock per BAC scale; relevant offence if BAC ≥0.10 — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49(3AA) | Accompanying driver (for L plater) — drink/drug offence | (1) accompanying licensed driver in control under s 3AA(1)(d); (2) commits a s 49(1) offence. | NOT subject to mandatory disq (s 50(6)); subsequent-offence exception s 48(2)(d) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49B | Consume intoxicating liquor while driving | (1) drives or is in charge of a MV; (2) while consuming intoxicating liquor. | 10pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 49C | Consume intoxicating liquor while accompanying a learner | (1) is an accompanying licensed driver; (2) consumes intoxicating liquor. | 10pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 56(2) | Refuse blood test at hospital | (1) aged ≥15 & attends/brought to hospital after an accident; (2) refuses to allow a doctor to take a blood sample. | 1st 12pu; 2nd 120pu/12m; subs 180pu/18m disq mand 1st 2y, subs 4y; defences s 56(4) (prejudicial to care; PBT nil alcohol; not the driver; sample already taken) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| ss 55(9D), 56 | Hinder / obstruct taking of blood sample | (1) hinders or obstructs a registered medical practitioner/approved health professional; (2) from taking a sample of blood. | 12pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
Alcohol interlock offences (RSA s 50AAA–50AAK)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 50AAD(1) | Breach of alcohol interlock condition | (1) licence subject to interlock condition; (2) breaches condition, or drives a fitted vehicle started with interlock disengaged / not per manufacturer's instructions / otherwise than by blowing into the device. | Current s 50AAD(2) (substituted by Act No. 41/2020, am. 30/2021) = 240 pu OR 2 years. Discretionary immobilisation s 50AAD(4) up to 12m (regardless of ownership); relevant offence — 84F 30-day police impound — verified — Immobilisation: Discretionary immobilisation order up to 12 months (s 50AAD(4)) — confirmed. SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 50AAK(1) | Third person assist to bypass / disengage interlock | (1) a third person; (2) assists a driver subject to an interlock condition to bypass or disengage the device. | 25pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
Speeding & Road Rules offences (RSRR 2017)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| RSRR r 20 | Exceed the speed limit | (1) drives a MV on a length of road; (2) at a speed over the applicable speed limit. | natural person: ≤35 over 10pu / 35–<45 over 15pu / ≥45 over 20pu (body corp 120pu) mand suspension Sch 5 RSA: 25–<35 over 3m, 35–<45 over 6m, ≥45 over 12m, ≥130km/h (not otherwise covered) 3m; 25+ over also attracts demerit points; Discretionary s 28 disq/sus for longer — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 65B | Heavy vehicle exceed speed (35+ km/h over) | (1) drives a heavy vehicle; (2) at 35 km/h or more over the applicable speed limit. | 30pu (natural person) / 120pu (body corp) relevant offence (≥45 over, or 145+ in a 110 zone) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| RSRR r 56 | Disobey red traffic control signal | (1) driver; (2) fails to stop at / proceeds against a red signal. | 10pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| RSRR r 67 | Fail to give way (stop sign / give-way) | (1) driver; (2) fails to give way / stop as required (rr 67–71). | 10pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| RSRR r 91 | Disobey no left / right turn sign | (1) driver; (2) turns contrary to a no-turn sign. | 5pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| Use mobile phone while driving | (1) driver of a moving/stationary-but-not-parked MV; (2) uses a mobile phone contrary to the rule. | 10pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
Dangerous, careless & improper driving (RSA Pt 6)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 64 | Dangerous driving | (1) drives a MV; (2) at a speed or in a manner dangerous to the public, having regard to all the circumstances (objective test; R v Coventry (1938) 59 CLR 633). Passenger is a member of the public (Burnside). |
max 240pu or 2y strict liability; mand disq min 6m (12m if ≥45km/h over); relevant offence (improper use / ≥45 over / 145+ in 110 zone); defences: necessity (R v Loughnan), latent mechanical defect (R v Spurge), involuntariness (Jiminez) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 64A | Drive when directed to stop | (1) knows or ought reasonably to know a direction to stop was given (s 64A(5)); (2) fails to stop as soon as practicable & remain stopped until permitted. | 1st 60pu/6m; subs 120pu/12m mand disq 1st min 6m, subs min 12m; relevant offence — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 65 | Careless driving | (1) drives a MV on a highway; (2) carelessly — failing to exercise the care & attention of a reasonable & prudent driver (objective; Simpson v Peat). | 1st 12pu; subs 25pu relevant offence (where improper use); Discretionary s 28 disq/sus; latent-mechanical-defect defence — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 65A | Improper use of a motor vehicle (loss of traction) | (1) drives a MV; (2) causing loss of traction by ≥1 wheel. | 5pu defence: loss of traction not intentional (s 65A(2)); no automatic licence loss; repeat offenders may have vehicle seized; relevant offence; Discretionary s 28 disq/sus — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 68 | Speed trial / race | (1) on a highway; (2) drives or is in charge of a MV being used in a race or speed trial. | 1st 8pu; subs 15pu relevant offence (s 68(1)/(2)); Discretionary s 28 disq/sus — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 70 | Tampering with a motor vehicle | (1) tampers or interferes with a MV; (specified equipment fitted/attached attracts the higher penalty). | 2pu or 14d (specified equipment 25pu) disq discretionary, 4y max — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| ss 72(1), (2) | Use false number plates / sticker / licence / registration label | (1) uses false plates or sticker, or a false driver licence or registration label. | 10pu or 2m — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 72(1A) | Forge / fraudulently alter a vehicle identifier | (1) forges or fraudulently alters a vehicle identifier; (making/using/selling a false document is the lesser limb). | 60pu or 6m (false document 10pu or 2m) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
Duties & accident offences (RSA Pt 6)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 59(1)(a)–© | General duties of driver / person in charge | (1) on request of an authorised officer; (2) fails to stop, produce licence, or state correct name & address. | fail to obey/produce/state name 5pu (false or no name 5pu or 1m); defences s 59(4) (officer not in uniform & belief not an officer) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 59(1)(d) | Fail to stop and be weighed | (1) driver/person in charge; (2) fails to stop and have vehicle weighed as required. | 1st 10pu; subs 20pu or 4m impound s 59(6) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 60(1) | Owner fail to give information about the driver | (1) owner (extended definition) of a MV; (2) on police request fails to give information within power that may identify the driver, or fails to make all reasonable enquiries. | If police investigating accident that killed or caused serious injury: 20pu or 4m (s 60(2)(a)); otherwise 20pu or 2m (s 60(2)(b)) court MAY cancel all licences/permits and disqualify for the period the court specifies (s 60(2)) — discretionary; NO mandatory minimum (former 2y/4y min repealed by No. 30/2021 s 56) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 61(1)(a)–(b) | Fail to stop / render assistance after accident | (1) driver of a MV in an accident; (2) fails to immediately stop and render such assistance as able. | if person killed / serious injury & driver knew or ought to have: indictable, 1200pu or 10y (s 61(3)); mand cancel/disq 1st 4y (conv)/2y (no conv), subs 8y/4y (s 61(6)) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 61(1)©–(f) | Fail to exchange details / notify police after accident | (1) driver in an accident; (2) fails to give names/addresses & vehicle identifier, or to report to police as required. | if killed/SI: 1st 80pu/8m, subs 240pu or min 4m–2y (s 61(4)); if no death/SI: 1st 5pu/14d, subs 10pu or 14d–1m (s 61(5)); mand cancel/disq where killed/SI (s 61(6)) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 61(2) | Unattended vehicle that moves and causes an accident | (1) left a MV unattended; (2) it moves of its own accord and is involved in an accident; (3) fails to comply with s 61(1) so far as circumstances allow once aware. Damage must be to property other than the driver's own vehicle (Wilde v Preston). | as for s 61(3)–(5) according to outcome — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 62 | Fail to comply with police direction (incapable person) | (1) police/PSO on reasonable grounds believe a person is incapable of proper control through physical/mental condition; (2) person fails to comply with a forbiddance to drive / direction to deliver keys. | 1st 5pu; subs 8pu or 1m — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
Impoundment / forfeiture & operator-onus offences (RSA Pts 6A & 6AA)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 84P(1) | Move or tamper with an impounded / immobilised vehicle | (1) a vehicle impounded or immobilised under Pt 6A; (2) moves, attempts to move, or tampers with it. | 60pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 84P(3) | Hinder execution of search & seizure warrant | (1) hinders a person; (2) executing a Pt 6A search & seizure warrant. | 60pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 84X | Sell / transfer interest in vehicle named in a notice | (1) served with a Pt 6A notice; (2) sells or transfers an interest in the identified vehicle. | 60pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| ss 84S(4), 84T(4) | Fail to surrender vehicle in response to notice | (1) served with a surrender notice; (2) fails without reasonable excuse to surrender the vehicle. | 60pu — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 84BC | Operator-onus liability (deeming) | (1) an operator-onus offence is committed; (2) driver not determined; (3) responsible person (operator) is taken to be guilty as if the driver (s 84BC(1)). | same penalties as the driver (higher body-corporate penalty applies) (ss 84BC(4)–(5)) defences s 84BH (effective illegal-user / known-user / sold-vehicle / unknown-user statement, or nomination-rejection) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 84BI(1) | False or misleading information in operator-onus statement | (1) in a statement under s 84BE(1) or 84BF(1)(a); (2) provides information known to be false or misleading. | 60pu (body corporate 120pu) 24-month time limit to commence (s 84BI(2)) — verified — SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
Crimes Act 1958 (Vic) driving offences¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 318 | Culpable driving causing death | (1) drives a MV; (2) culpably — recklessly (s 318(2)(a)), negligently to a gross degree (s 318(2)(b)), or so affected by alcohol © / drugs (d) as to be incapable of proper control; (3) causing the death of a person (causation: Royall — substantial & operating cause). | max 20y (Level 3) Category 2 (SA): custodial unless special circs (s 5(2H)); standard sentence 8y; mand licence cancel/disq min 2y (s 89 Sentencing Act); serious motor vehicle offence (s 87P) — verified — Penalty (AustLII verified): Max 20 years (Level 3) — confirmed. SORA: N/A — not a registrable sexual offence Category: Category 2 (Sentencing Act s 3 para (ea) / mandatory custodial unless special reasons, s 5(2H)) — verified. Standard sentence: 8 years (s 318(1A)) — verified. Serious offender: No — culpable driving is NOT listed in Sentencing Act 1991 Sch 1 cl 2 (violent) or cl 3 (serious violent). |
| s 319(1) | Dangerous driving causing death | (1) drives a MV; (2) at a speed or in a manner dangerous to the public, all circumstances considered (objective; King; De Montero); (3) causing the death of a person. | max 10y (Level 5) Category 2 (SA); mand disq min 18m; available as alternative verdict to culpable driving (s 422A) — verified — Penalty (AustLII verified): Max 10 years (Level 5) — confirmed. SORA: N/A — not a registrable sexual offence Category: Category 2 (Sentencing Act s 3 para (eb)) — verified. Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1. |
| s 319(1A) | Dangerous driving causing serious injury | (1) drives a MV; (2) dangerously (as above); (3) causing serious injury (s 15 CA definition) to a person. | max 5y (Level 6) mand disq min 18m; available as alternative verdict to NCSI (s 422A) — verified — Penalty (AustLII verified): Max 5 years (Level 6) — confirmed. SORA: N/A — not a registrable sexual offence Category: Not a category offence — the category 2 classification attaches only to the death limb s 319(1); s 319(1A) (serious injury) is not a category offence — verified. Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1. |
| s 319AA | Dangerous / negligent driving while pursued by police | (1) drives a MV dangerously or negligently; (2) knowing or where ought reasonably to know a direction to stop was given AND that police are pursuing. | 3y relevant offence (Pt 6A); 'direction to stop' as in s 64A(5) RSA — verified — Penalty (AustLII verified): Max 3 years — confirmed. SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence (mandatory sentencing, Sentencing Act s 5(2G)/(2H), does not apply) Standard sentence: None Serious offender: No — not in Sentencing Act 1991 Sch 1 |
| s 24 | Negligently causing serious injury (by driving) | (1) by negligently doing or omitting an act; (2) causes serious injury (gross-negligence standard); commonly charged in driving cases. | max 10y (Level 5) mand disq min 2y (s 89 Sentencing Act); serious motor vehicle offence (s 87P) — verified — Penalty (AustLII verified): Max 10 years (Level 5); mandatory disqualification min 2 years (Sentencing Act s 89) — confirmed. SORA: N/A — not a registrable sexual offence Category: Not a category 1 or 2 offence — verified. Standard sentence: None Serious offender: No — NCSI (s 24) is NOT in Sentencing Act 1991 Sch 1 cl ⅔. |
| ss 317AC–317AG | Expose emergency worker etc to risk by driving | Intentionally/recklessly expose an emergency worker (etc) to risk by driving, including aggravated forms and damaging an emergency service vehicle. | Intentional 20 yrs Reckless 10 yrs Damage 5 yrs If worker injured: "Category 1 offence", mandating a custodial sentence and a minimum non-parole period of 2 years serious motor vehicle offences (s 87P) "relevant offences" under Part 6A of the Road Safety Act 1986 (Vic) allowing for immediate vehicle impoundment and licence suspension — verified — Penalties (AustLII verified): Intentional (s 317AC/317AD) 20 yrs; reckless (s 317AE/317AF) 10 yrs; damaging emergency vehicle (s 317AG) 5 yrs — all confirmed. SORA: N/A — not a registrable sexual offence Category: s 317AC: Category 1 if emergency worker injured (else not a category offence). s 317AD: Category 1 if injured, otherwise Category 2. s 317AE: not a category offence. s 317AF: Category 2. s 317AG: not a category offence — all per Sentencing Act s 3, verified. Standard sentence: None Cumulation: s 317AG carries mandatory cumulative sentencing (Sentencing Act s 16(3D)) — confirmed. Serious offender: No — none of ss 317AC–317AG are in Sentencing Act 1991 Sch 1 cl ⅔. |
Exposing emergency workers to risk by driving (Crimes Act ss 317AC–317AF)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 317AC | Intentionally exposing EW / CO / YJCO to risk by driving | (1) A drives a motor vehicle; (2) in the vicinity of an EW (etc) on duty; (3) knowing or reckless as to whether they are an EW (etc); (4) intending to expose the person to a risk to safety (no injury required, ss(3)). | 20 yrs / Cat 1 (SA, mandatory imprisonment s 5(2G)) ONLY if person injured (min NPP 2 yrs s 10AE unless s 10A); serious MV offence (licence cancellation min 2 yrs) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 317AD | Aggravated — intentionally exposing to risk by driving | (1) Commission of the s 317AC offence; PLUS (2) an aggravating factor: vehicle stolen (A knows/reckless); or in connection with s 317AG (damaging an emergency services vehicle); or in connection with another indictable offence punishable by 10 yrs+ (s 317AD(2) 'in connection' definition). | 20 yrs / Cat 1 (SA, mandatory imprisonment s 5(2G)) if person injured (min NPP 2 yrs s 10AE unless s 10A); Cat 2 if not injured — does not apply to offender under 18; serious MV offence (licence cancellation min 2 yrs) Category (Sentencing Act mandatory sentencing): Category 1 if such a worker is injured; otherwise Category 2 (the definition explicitly makes the aggravated offence cat 2 where the injury condition is not met) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 317AE | Recklessly exposing EW / CO / YJCO to risk by driving | (1) A drives a motor vehicle; (2) in the vicinity of an EW (etc) on duty; (3) knowing or reckless as to status; (4) recklessly exposes the person to a risk to safety (s 317AE(1)©). |
The category 2 definition lists only the AGGRAVATED driving offences s 317AD (j) and s 317AF (k) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 317AF | Aggravated — recklessly exposing to risk by driving | (1) Commission of the s 317AE offence; PLUS (2) an aggravating factor (stolen vehicle known/reckless; in connection with s 317AG; or in connection with another indictable offence punishable by 10 yrs+, s 317AF(2)). | 10 yrs / Cat 2 (SA, s 5(2H) unless (a)–(e)) Category (Sentencing Act mandatory sentencing): Category 2 — CONFIRMED against the current Sentencing Act 1991 s 3 (AustLII, 18.6.26): cat-2 para (k) is 'an offence against section 317AF of the Crimes Act 1958 (aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving)'. The charge list's 'Cat 2' is correct. Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
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s 50AAD: the source notes are internally inconsistent on the maximum penalty — the body text states 30 penalty units or 4 months (s 50AAD(2)), while the penalty table states 240 penalty units or 2 years. Verify against the current s 50AAD before relying.*
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ss 317AC–317AG Crimes Act 1958 (Vic): referenced in the notes as serious motor vehicle / relevant offences, but their elements and penalties are not set out in these notes and have not been supplied here.*
Note on drink/drug disqualification & interlock periods: the precise mandatory minimum disqualification and interlock periods for the PCA/PCD offences run on a BAC-keyed sliding scale (Sch 1, 1AB and 1B RSA). Those sliding-scale tables are in the source notes and are referenced (not reproduced) in this charge list.
s 60(1) — currency correction (verified July 2026): the licence consequence is discretionary, not mandatory. On conviction or a finding of guilt the court MAY cancel all driver licences and learner permits and disqualify for the period the court specifies (s 60(2), closing words, as amended by No. 30/2021 s 56). The former mandatory cancellation with a minimum disqualification of 2 years (first offence) / 4 years (subsequent) has been repealed and no longer applies to s 60. Those 2y/4y mandatory minimums now attach to the drink/drug-driving offences under s 49(1) (see the s 49 table above), not to failing to nominate. Penalty limb (a) (20 pu / 4 months) applies where police were investigating an accident that killed or caused serious injury — not death alone. This row previously stated the repealed mandatory position.
Significance of a "Serious Motor Vehicle Offence" (s 87P): (1) Under section 89(1), if a client is found guilty or convicted of a serious motor vehicle offence, the court must cancel their driver licence; (2) Under Item 16A of Schedule 1B of the Road Safety Act 1986 (Vic), the mandatory interlock period is a minimum of six months for a first offence, and a minimum of four years for a subsequent offence
63 offence rows across 8 families. Several rows bundle cognate limbs (e.g. s 59(1)(a)–©; s 61(1)©–(f); ss 72(1),(2)); s 49(1) carries 16 discrete paragraphs.
Verification note: Ancillary classifications (SORA registration, Sentencing Act category ½, standard sentence, serious-offender status) added to every row and verified against AustLII current Acts (Sentencing Act 1991 s 3 & Sch 1; SORA 2004 Sch ½; Crimes Act 1958 ss 24, 318, 319, 319AA, 317AC–317AG; Road Safety Act 1986 s 50AAD). No driving offence — including culpable driving (s 318), dangerous driving (s 319) and NCSI (s 24) — is a serious-offender offence, as none appear in Sentencing Act 1991 Sch 1 cl 2 (violent) or cl 3 (serious violent). One correction flagged in red: s 50AAD current maximum is 240 pu / 2 years (Act 41/2020), not the superseded 30 pu / 4 months. BAC-keyed disqualification/interlock tiers in the drink-driving rows were taken as stated in the notes, not independently re-verified.
If your reading was 0.07 per cent or more, they will cancel your licence and disqualify you from driving for at least:
6 months if BAC 0.05 or more but less than 0.10
10 months if BAC 0.10 or more but less than 0.11
11 months if BAC 0.11 or more but less than 0.12
12 months if BAC 0.12 or more but less than 0.13
13 months if BAC 0.13 or more but less than 0.14
14 months if BAC 0.14 or more but less than 0.15
15 months if BAC 0.15 or more but less than 0.16
16 months if BAC 0.16 or more but less than 0.17
17 months if BAC 0.17 or more but less than 0.18
18 months if BAC 0.18 or more but less than 0.19
19 months if BAC 0.19 or more but less than 0.20
20 months if BAC 0.20 or more but less than 0.21
21 months if BAC 0.21 or more but less than 0.22
22 months if BAC 0.22 or more but less than 0.23
23 months if BAC 0.23 or more but less than 0.24
24 months if BAC 0.24 or more.
The magistrate can extend the disqualification period but they cannot reduce it. If this is your second (or third etc.) offence in 10 years, the minimum period of disqualification must be doubled.