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Australian National Character Check (ANCC) makes every effort to provide updated and accurate information to its customers. However due to the continuously changing nature of legislations for the Commonwealth and various States and Territories, it is inevitable that some information may not be up to date. The information on the website is general information only. The contents on the website do not constitute legal or professional advice and should not be relied upon as a substitute for legal or professional advice. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, suitability, accuracy or availability with respect to the information.
In Victoria, traffic offences are not tolerated and are punishable under the law. The Crimes Act 1958 (Vic) and the Road Safety Act 1985 (Vic) are the principal laws which provides for traffic offences in Victoria. Most Victorian drivers are not aware of these laws and their penalties. For this reason, several drivers are always found guilty of offences that they may have committed intentionally. As a Victorian, you must know these laws and their provision, as ignorance is not always an excuse in law. Let us look at some of Victoria's major and serious traffic offences and their penalties.
If you get a conviction for a serious or major traffic offence in a Victorian court, the offence will show up as a disclosable court outcome on the results of your criminal background check in Victoria.
In Section 318(1) of the Crimes Act 1958 (Vic), the law provides that it is an indictable offence to drive a vehicle guiltily and thereby cause the death of another person. Section 318(2) of the act states what try law considers culpable driving. A person is said to drive a vehicle culpably if they drive:
Any person found guilty of this offence is liable to a level 3 imprisonment maximum of 20 years. The offender will also be liable to a level 3 fine or both.
Section 319(1) of the Crimes Act 1958 (Vic) provides that It is a crime in Victoria to drive a vehicle at a speed or in a manner that poses a great risk to the public and leads to the death of another person. This is considered an indictable offence.
PenaltyThe punishment for this offence is level 5 imprisonment which is a maximum of 10 years imprisonment.
Section 319(A) of the act provides that where such driving results in the severe injury of another person, such offender will be liable to a maximum of 5 years imprisonment.
Under Section 319AA(1) of the Crimes Act 1958 (Vic) it is an offence to drive a vehicle dangerously or in a negligent manner when you know or ought to reasonably know that:
Any person found guilty of this is liable to imprisonment for up to 3 years.
It is an offence to drive in Victoria without a licence. Such an act can prevent you from making an application for a licence for a particular period. Section 18(1) of the Road Safety Act 1987 (Vic), provided for this. It indicates that a person may not control a car unless the person:
Any person found guilty under this section will be liable to a penalty not surpassing 60 penalty units or to a not more than 6 months imprisonment.
In Victoria, driving your vehicle above the speed limit stipulated for you is an offence. Note that you can be indicted with the offence of speeding If the police officer believes you to have:
You will be liable for 10 penalty units where you drive less than 35km/h above the speed limit. Your driver's permit may also be revoked for at least three months.
In Victoria, it is an offence to operate a vehicle affected by Heaven. Any person whose blood alcohol concentration level is higher than the proper amount, such a person has committed an offence.
Your driver's licence can be revoked if you are found guilty of this offence.
In some cases, where your licence has been cancelled for drinking while driving, an alcohol interlock will be attached to your vehicle. It is a device used to gauge the quantity of liquor on the driver's breath and stops the vehicle from coming on where the person has been taking any alcoholic substance. This usually lasts for at least 6 months before you may be cleared and your licence reinstalled.
If an individual is found guilty of a serious or major traffic offence in a Victorian court, the offence will show up as a disclosable court outcome (DCO) on the results of a Nationally Coordinated Criminal History Check.
Individuals can obtain a background check online via the Australian National Character Check - ANCC® website.
Crimes Act 1958 (Vic) - https://www.legislation.vic.gov.au/in-force/acts/crimes-act-1958/294 https://www.legislation.vic.gov.au/in-force/acts/crimes-act-1958/294
Road Safety Act 1985 (Vic) - https://www.legislation.vic.gov.au/in-force/acts/road-safety-act-1986/214
Legal Aid Victoria (Possible Outcomes for Traffic Offences) - https://www.legalaid.vic.gov.au/possible-outcomes-traffic-offences
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