Legislation: Driving offences

This chapter only deals with the driving offences that people who drive in Victoria should be familiar with. Unless otherwise mentioned, the term “motor vehicle” refers to both a motorbike and a motor car. The word “driver” refers to both a motorcyclist and a car driver. All common minor traffic offences are referred to as “road rules offences”.

The law relating to driving offences in Victoria is complex and subject to constant change. The Road Safety Act 1986 (Vic), the major piece of legislation governing road law in Victoria, is subject to constant review, with the trend always being towards tougher conditions and penalties for drivers. For example, the Road Safety Amendment Act 2014 (Vic) (“2014 Act”) provides for the extension of alcohol interlock devices to most drink-drivers seeking licence restoration, the extension of vehicle seizure orders for more drink-drivers including drink-drivers with a blood alcohol content (BAC) of 0.1 or more (first offence) and the creation of new offence of combined drink-driving and drug-driving.

Also, some provisions relating to driving offences are contained in the Criminal Procedure Act 2009 (Vic) (“CP Act”).

Important provisions regarding Victorian road law are also contained in the:

Road Safety (Drivers) Regulations 2009;

Road Safety (Road Rules) Regulations 2009 – these are the Victorian version of the Australian Road Rules;

Road Safety (General) Regulation 2009.

In this chapter, all references to section numbers (s) refer to the Road Safety Act 1986 (Vic) (“RSA”) unless otherwise stated. A reference to a regulation (reg) is a reference to the Road Safety (Drivers) Regulations 2009 (“Drivers Regulations”).