Changes to Road Safety Act 1986 (Vic)

The Government has recently changed the provisions of the Road Safety Act 1986 (Vic) ("the Act"). As of 12 November 2020, the Police have the power to suspend the licence (whether learners, probationary or full licence) of a person who has been charged with certain offences under the Act. The suspension remains in place until the charge is determined, withdrawn, or the suspension is cancelled on appeal.  This power applies to the following offences:

• Driving whilst under the influence of drugs or alcohol;
• Speeding 45km or more over the allocated speed limit;
• Dangerous driving resulting in a death or injury to a person.

The suspension comes into effect when the notice is served by the police on the individual. Once the person is served, they must immediately surrender their licence and failure to do so, unless the person has a justifiable excuse, will result in a further offence.  The decision made by the police officer can be appealed to the Magistrates' Court. The Court can decide whether the suspension will be cancelled or confirmed. The person who is subject to the suspension cannot be questioned during the proceeding.  If you have had your license suspended or need legal advice in relation to Road Traffic Offences, please contact Hutchinson Legal on 9870 9870.