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”.

Road Safety Act

The law relating to driving offences in Victoria is complex and subject to constant change. The Road Safety Act 1986 (Vic) (“RS Act”), the major piece of legislation governing road law in Victoria, is constantly being reviewed. Amendments to the RS Act tend to introduce tougher conditions and penalties for drivers.

Transport Act 2017

The Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 (Vic) (“Transport Act 2017”) made substantial changes to the RS Act.

The most significant change is that all drivers (including first offenders) who are charged with having a blood-alcohol content (BAC) of .05 or more on or after 30 April 2018 must lose their licence for at least three months. In addition, these drivers must complete a behaviour change program before their licence is restored. After their licence is restored, the driver’s car must be fitted with an alcohol-interlock device for at least six months.

For information about other changes introduced by the Transport Act 2017, seeDrink-driving offences”.

Criminal Procedure Act

Provisions relating to driving offences are also contained in the Criminal Procedure Act 2009 (Vic) (“CP Act”).