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Suspension or cancellation of probationary licence

Information about when a probationary licence is re-issued after it has been suspended or cancelled.

Drivers on a probationary licence can have their licence suspended or cancelled if they break the law just like other drivers. This includes immediate licence suspension for some offences, including excessive speeding and drink driving.

The penalties are different depending on whether the licence is suspended or cancelled.

To understand the difference between suspension and cancellation see Difference between licence suspension and cancellation.

If probationary licence is suspended

P1 drivers have to stay on their P1 licence for at least one year. P2 drivers have to stay on their P2 licence for at least 3 years. If their licence is suspended during this time, their probationary licence is extended for 6 months. This extension is in addition to the period of suspension that must be served. For example, if the driver licence is suspended for one month, the probationary licence will be extended for 7 months.

A probationer driver licence must be extended until the end of any licence suspension period.

See r. 53—Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window) and Testing fitness to drive.

Reverting back to a P1 or P2 licence

If a driver is on a P1 licence when they commit an offence for which their licence suspended, but they have graduated to a P2 licence by the time their licence is suspended, VicRoads must vary their licence back to a P1 licence for a period of 6 months. The 6 month period is calculated from the time that the driver suspension ends.

If a driver is on a P2 licence when they commit an offence for which their licence is suspended, but they have graduated to a full licence by the time their licence is suspended, VicRoads must vary their licence back to a P2 licence for a period of 6 months. The 6 month period is calculated from the time that the driver suspension ends.

See rr. 54, 55—Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 24(1A)—directed by a sheriff for non payment of an infringement notice
  • s. 84BN—failure to complete a safe driver program
  • s. 85—Immediate licence or permit suspension for charges for certain drug or alcohol related offence

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

Road Safety (Drivers) Regulations 2019 (Vic)

  • r. 53—extension of probationary driver licence
  • r. 54—variatio of P2 probationary licence to P1 probationary licence
  • r. 55—variation of full driver licence to P2 probationary licence

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

Sentencing Act 1991 (Vic)

  • s. 89A—suspension of licence for any offence

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

Fines Reform Act 2014 (Vic)

  • s. 89—Director of Fines Victoria may direct VicRoads to suspend a driver licence if person has outstanding fines and warrant has been issued

See Fines Reform Act 2014 (Vic)(opens in a new window).

Updated