TRAFFIC OFFENCES
A traffic offence refers to any violation of the laws and regulations governing the operation of motor vehicles, including motorcyclists, on public roads. Traffic offences include a wide range of violations, from minor infringements to serious offences resulting in imprisonment.
Types of traffic offences in Victoria
There are many types of traffic offences ranging in seriousness, including:
- Speeding fines
- Driving carelessly or dangerously (including hoon driving)
- Drink driving, drug driving or a combination of both
- Offences relating to car accidents
- Offences related to P-plate or Learner drivers
- And many other minor traffic offences.
- Some traffic offences, such as culpable driving or dangerous driving causing death or serious injury, carry very serious penalties.
There are other offences that, although are not considered specifically traffic offences, are often used to capture very serious driving-related offences, such as reckless conduct endangering life or causing serious injury and negligently causing serious injury. Many lawyers do not realise that proving these charges is often very difficult; consequently, the importance of engaging an experienced traffic lawyer cannot be overemphasised.
Summary and indictable traffic offences
Summary offences under the Road Safety Act 1986 include:
- Careless Driving (s65)
- Dangerous Driving (s64)
- Driving Whilst Unlicensed, Suspended or Disqualified (s18 and s30)
- Evading or Failing to Stop for Police (s64A)
- Failure to Report Accident to Police When Person Injured or Property Damaged (s61)
- Improper Use of a Motor Vehicle and Loss of Traction (s65A)
- Providing False and Misleading Information (s84BI)
- Anti-hooning laws (s84C)
Under Victoria’s anti-hooning laws, the Victoria Police also have increased powers to impound, immobilise or permanently seize a vehicle in relation to summary offences defined under the Road Safety Act 1986 (Part 6A) and the Road Safety Rules 2009.
Indictable offences under the Crimes Act 1958 include:
- Culpable Driving (s318)
- Dangerous Driving Causing Death or Serious Injury (s319)
- Dangerous or Negligent Driving While Pursued by Police (s319AA)
- Negligently Causing Serious Injury (s24)
- Reckless Conduct Endangering Life or Serious Injury (s22 and s23)
- Traffic offence penalties
Traffic offence penalties range in severity depending on the seriousness of the offence.
Common penalties for traffic offences include:
- Fines, such as speeding fines
- Good Behaviour Bond, or Adjourned Undertaking
- Suspension or disqualification of driving licence
- Criminal conviction
- Diversion programs
- Vehicle impounding
- Community corrections orders
- Imprisonment.
