This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Legislation relating to drink driving

Links to the Act and regulations about drink driving.

Road Safety Act 1986 (Vic)

This Act aims to provide for safe, efficient and equitable road use. It sets out the general obligations of road users and the procedures for the registration of motor vehicles and the licensing of drivers.

See Road Safety Act 1986 (Vic)(opens in a new window).

Road Safety (Drivers) Regulations 2019 (Vic)

These Regulations set out requirements for drivers licences and the different rules that apply to licences of novice drivers. They also explains the circumstances for cancellation, suspension and addition of demerit points. The offences that attract demerit points to a drivers licence are listed in Schedule 3.

See Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

For demerit points list see Road Safety (Drivers) Regulations 2019 (Vic)—Schedule 3 Demerit points(opens in a new window).

Road Safety (General) Regulations 2019 (Vic)

These Regulations prescribes procedures and devices (such as speed cameras) that are to be used for evidence in prosecuting traffic offences that involve drugs or alcohol, vehicle speed, mass and other traffic offences.

They also prescribe the penalties and information that is to be contained in parking and traffic infringements.

See Road Safety (General) Regulations 2019 (Vic)(opens in a new window).

Sentencing Act 1991 (Vic)

This Act deals with the powers of courts to sentence offenders.

See Sentencing Act 1991 (Vic)(opens in a new window).

Criminal Procedure Act 2009 (Vic)

This Act clarifies, simplifies and consolidates laws that relate to criminal procedure in the Magistrates, County and Supreme Courts.

See Criminal Procedure Act 2009 (Vic)(opens in a new window).

Rail Safety (Local Operations) Act 2006 (Vic)

The purpose of this Act is to provide for safe rail operations in Victoria that are not covered by the Rail Safety National Law Application Act 2013 (Vic) (National Law). Specifically the Act includes provisions that prohibit employees drinking alcohol at work. This Act needs to be read in conjunction with the National Law. The drug and alcohol provisions in the Act apply to workers who are regulated under the National Law.

See Rail Safety (Local Operations) Act 2006 (Vic).

See also Rail Safety National Law Application Act 2013 (Vic).

Transport (Compliance and Miscellaneous) Act 1983 (Vic)

This Act, formerly called the Transport Act 1983, establishes the law for governance of public transport in Victoria. It gives the department responsibility for ensuring that public transport system is safe, reliable and efficient. The Act also sets out some of the requirements and penalties for taxi-cabs like driving a cab without proper accreditation.

The Act allows a police officer to issue a transport infringement notice.

This includes making sure that plans are made to develop public transport for the changing needs of the public.

See Transport (Compliance and Miscellaneous) Act 1983 (Vic)(opens in a new window).

Rail Safety National Law Application Act 2013 (Vic)

This Act provides for a national system of rail safety by adopting the South Australian Act, which is found in the Schedule of that Act,

See Rail Safety National Law Application Act 2013 (Vic)(opens in a new window).

See Schedule—Rail Safety National Law Application Act 2012 (South Australia)(opens in a new window).

Updated