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Testing fitness to drive and unlicensed or disqualified driving

Information about the power of VicRoads to vary, cancel or suspend a driver licence if a person is not well enough to drive.

VicRoads has the power to require a driver to have a test to ensure that they are fit to drive. The test may include a medical examination, of a test of driving skill and competence.

When might this happen?

This might happen if someone reports their concerns about a driver's fitness to drive. For example the police may do this if someone has been involved in an accident or perhaps a family member may make the report. The Act makes it clear that no action can be taken against a person who reports to VicRoads or discloses information that suggests a person may be unfit to drive.

VicRoads also has the power to test a driver's fitness to driver if they have an interstate or overseas licence.

See s. 27—Road Safety Act 1986 (Vic)(opens in a new window) and rr. 79, 80—Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

Older drivers

VicRoads has the power to issue a licence to a driver who is over 75 years old for a shorter period of time than they do for younger drivers.

See s. 19(3A)—Road Safety Act 1986 (Vic)(opens in a new window).

What the driver must do

If VicRoads asks for a report, the driver will have to get a medical report from a doctor if they want to continue to drive. Depending on the circumstances, VicRoads may also require the driver to undergo a skills based test.

VicRoads will look at the medical report and make a decision about whether the person is fit to drive. They may decide to place specific conditions on the driver licence or they may withdraw the driver licence.

Can driver appeal?

In some circumstances a driver may ask for an internal review of the decision or they may appeal against the decision in the magistrates' court.

They can not appeal against being asked to get a medical report or against sitting a test.

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 19(4)—VicRoads may issue a shorter licence to driver who is over 75
  • s. 24(3)—suspension of licence by VicRoads on ground that it would be dangerous for person to driver
  • s. 27—power of VicRoads to require a person to have tests for fitness to drive
  • s. 96B—minister may issue guidelines about testing of a person's capacity to drive

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

Road Safety (Drivers) Regulations 2019 (Vic)

  • Part 3 Div 2—variation, suspension or cancellation by VicRoads
    • r. 79—variation, suspension or cancellation of a drivr licence or permit on the grounds that the person is not fit to drive
    • r. 80—variation, suspension or cancellation of a driver licence or permit on the grounds that the person is unfit to driver or that it is dangerous for the person to drive
    • r. 81—other grounds for variation, suspension or cancellation of driver licence or learner permit

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

Reference

VicRoads

See 'Medical review, assessing fitness to drive' in VicRoads—Medical conditions and driving(opens in a new window).

Austroads

Austroads is the national body of road commissioners. Their website has information for medical practitioners about how to assess fitness to drive.

See Austroads—Assessing fitness to drive(opens in a new window).

Updated