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Offence to apply for a licence if suspended

Information about what can happen if a person drives without a valid licence.

If a driver licence or permit is suspended by:

  • a court
  • VicRoads
  • after Director of Fines Victoria informs VicRoads after a notice of final demand has been issued
  • the operation of the Road Safety Act 1986 (Vic), Road Safety Regulations, or the Fines Reform Act 2014 (Vic)

the driver is disqualified from driving and any licence is not valid during the suspension period.

See s. 28—Road Safety Act 1986 (Vic).

Disqualified diver must not try to get another licence

It is an offence for a driver whose licence is suspended to apply for or to obtain another licence during the period of suspension. Any licence that a driver is issued with during the suspension period is not valid.

Penalty

The maximum penalty is 10 penalty units.

See s. 28—Road Safety Act 1986 (Vic).

Offence to employ an unlicensed driver

It is an offence for anyone to employ or engage a person (this includes a contractor or volunteer) to drive a vehicle on a highway if the driver does not hold a licence or permit that authorises that person to drive.

If the person becomes aware that their driver no longer holds a valid licence they must not continue to employ that person to drive.

Maximum penalty

The maximum penalty for engaging a person to drive when they are not authorised to do so is:

  • 20 penalty units (natural person)
  • 100 penalty units for a corporation.

See s. 32—Road Safety Act 1986 (Vic).

Exception

A person does not commit an offence if that person can present evidence that shows a reasonable possibility that before they engaged the driver, they make all reasonable enquiries in the circumstance, and after doing so reasonably believed that the driver held a valid licence or permit.

This exemption will not apply if the prosecution can rebut this to the standard of 'beyond reasonable doubt'.

See s. 32—Road Safety Act 1986 (Vic).

Allowing, permitting or causing an unlicensed driver to drive

On 1 November 2018 an offence was added to the Road Safety Act 1986, which penalises a person from authorising another person to drive a motor vehicle if they do not have a licence.

Maximum penalty

The penalty is 60 penalty units or 6 months jail.

See s. 32A—Road Safety Act 1986 (Vic).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 28A—effect of suspension on a licence or permit
  • s. 28B—offence for a disqualified driver to apply for or to obtain a driver licence and sets penalty
  • s. 30AA—offence o drive while licence is suspended under Part 8 Infringements Act 2006 (Vic)
  • s. 32—offence to employ an unlicensed driver
  • s. 32A—offence to allow a person to drive a motor vehicle without a valid licence

See Road Safety Act 1986 (Vic).

Fines Reform Act 2014 (Vic)

  • Part 8—driver and vehicle sanctions

See Fines Reform Act 2014 (Vic).

Updated