The Road Safety Act 1986 (Vic) (“RSA”) regulates the general obligation of road users and encompasses offences of non-compliance such as:
When a Magistrate sentences an accused person, the Court must consider:
An accused person’s licence can then be suspended or cancelled by the Court.
Licence loss when influenced by drugs or alcohol is mandated by legislation.
In the event where a Learner or Probationary Driver has a blood alcohol concentration of more than zero, they will be fined and have their licence disqualified for at least 3 months. Correspondingly, a full licenced driver who has a blood alcohol concentration of 0.05 or more will be fined and disqualified for at least 6 months.
The offending will also attract other penalties.
There is a mandatory loss for licence for speeding in the following categories. This can be imposed by VicRoads or the Court:
While a person is suspended from driving, they must not drive a motor vehicle or any other vehicle, as all permits and licenses are suspended.
Being found guilty will result in a person’s license either being suspended for a longer period of time or cancelled. There will also be other penalties imposed.
When a person is caught driving whilst disqualified they are charged with the offence and required to attend before a Court.
This will depend on whether it is mandatory for the court to suspend or cancel your license.
