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What must be included in the notice

A licence or permit cannot be immediately suspended unless member of police (or authorised VicRoads officer, if the vehicle is a commercial vehicle) gives a notice containing prescribed particulars to the driver.

All notices must:

See s. 85L—Road Safety Act 1986 (Vic)(opens in a new window).

Regulations list the particulars required in the notice

The regulations prescribe what the immediate suspension notices have to include. These are in addition to the requirements under the Act. These prescribed particulars vary depending on whether person charged with using alcohol or drugs and whether person has been charged or not. Basically the regulations say that the notices also have to include:

  • the name and address of the driver (accused)
  • the alleged offence
  • the alleged concentration of alcohol (if known)
  • the alleged speed and speed limit (if it is a speeding offence)
  • in the case of an offence involving violence, serious injury or death
    • the rank of the senior police officer who issued the notice, and
    • a statement that the senior police officer is reasonably satisfied that the offence resulted in injury or death AND that the licence holder is an unacceptable risk to road safety
  • in the case of an offence involving dangerous driving while being pursued or the endangering of emergency workers
    • the rank of the senior police officer who issued the notice, and
    • a statement that the senior police officer is reasonably satisfied that the licence holder is an unacceptable risk to road safety
  • whether they are a full, probationary or learner driver
  • a statement advising that the person may appeal to the Magistrates' Court against the decision to suspend the driver licence or learner permit
  • the name and signature of person who issued the notice
  • the date the notice was given to the accused.

See r. 9—Road Safety (General) Regulations 2019 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 3(1)—defines a 'commercial vehicle' (tow truck or a commercial goods or passenger vehicle)
  • s. 85—immediate suspension of driver licence or permit in certain circumstances

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

Road Safety (General) Regulations 2019 (Vic)

  • r. 9—notice of immediate licence suspension

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

Updated