Author: Ophelia Hollway
Practice area: Driving Offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Duty of Owner of Motor Vehicle to Give Information About Driver?
This offence under section 60 of the Road Safety Act 1986 concerns a vehicle owner’s obligation to respond to a lawful police request for information that could identify who was driving their vehicle at a particular time.
Key points
- Prosecution must prove: A police officer requested driver information while acting in the execution of duty and the owner failed to provide it.
- Type of conduct: Refusing or failing to give information capable of identifying the driver of the vehicle.
- Court jurisdiction: Magistrates’ Court.
The maximum penalty for Duty of Owner of Motor Vehicle to Give Information About Driver is a fine of 20 penalty units ($4,182.00 — as at 2026–27) or imprisonment for up to 4 months, or both.
Common defences may include not knowing who was driving the vehicle at the relevant time, or having already provided all information available.
Have you been accused of Duty of Owner of Motor Vehicle to Give Information About Driver? This is a potentially serious offence because it can result in a 2 year loss of driver’s licence in certain circumstances. You should speak with a lawyer to make sure you do handle to situation correctly to avoid losing your driver’s licence.
Police Interview
You must not ignore the police if they serve you with a letter compelling you tell them who was driving your car under section 60 of the Road Safety Act. You should speak with one of our lawyers about your obligations and rights. If you ignore the police request for information you may be charged and potentially lose your driver’s licence for 2 years.
We have experienced traffic lawyers who can give you advice on how to deal with a notice served on you under section 60 of the Road Safety Act.
Pleading Not Guilty
One of our experienced lawyers is available to advise and represent you if you decide to contest a charge of failing to comply with a request for information made by police under section 60 of the Road Safety Act.
One of our lawyers will develop a defence strategy for you and request additional material from police which may highlight discrepancies in their case against you. Our lawyers will also take the time to consider if there are witnesses who can assist your case.
Pleading Guilty
Our lawyers are experienced on representing people in Court on pleas of guilty. Our lawyers have achieved great outcomes for past clients who pleaded guilty to an offence under section 60 of the Road Safety Act.
Our lawyer who represents you in Court will advise you of things you could do before Court to persuade the Magistrate not to suspend your driver’s licence. In cases such as this, character references from your loved ones will play an important role because they will explain the hardship your family will experience if your driver’s licence is suspended.
Sentencing
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 60(1) — 1,016 charges across 962 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 63.8% |
| Community Correction Order | 13.9% |
| Adjourned Undertaking | 10.0% |
| Imprisonment | 9.3% |
| Discharge/Dismissal | 2.5% |
| Other | 0.6% |
These figures indicate that while a term of custody is available, it is not the usual result. Courts more commonly impose financial penalties or supervised community-based dispositions. Sentencing depends on factors such as prior history, the circumstances of the offence, and personal background. Careful preparation and experienced representation can significantly influence the final penalty imposed.
Examples of Duty of Owner of Motor Vehicle to Give Information About Driver
- A man lends his car to a friend who was involved in an accident and drove away. The Police ask the man for information about his friend but he refuses to provide the information.
Defences
- You don’t know who was driving your car at the time.
- You gave the Police as much information as you had .
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- Did you lend your car to somebody?
- Who was actually driving the car?
- Is there time to tell the Police?
Maximum penalty and Court that deals with this charge
The maximum penalty for Duty of Owner of Motor Vehicle to Give Information About Driver (s60 of the Road Safety Act 1986) is a fine of 20 penalty units ($4,182.00 — as at 2026–27) or imprisonment for a term of not more than 4 months, or both.
This sort of charge is heard in the Magistrates’ Court.
Legislation
The section that covers this offence is section 60 of the Road Safety Act 1986.
What is the legal definition of Duty of Owner of Motor Vehicle to Give Information About Driver?
The Police must show that a police officer, while acting in the execution of their duty, requested information about the driver who was in possession of your motor vehicle and you failed to give the police officer the information requested.
Did you refuse to tell the Police who drove your car?
FAQs for Duty of Owner of Motor Vehicle to Give Information About Driver
What information must a vehicle owner give to police about a driver?
When can police require an owner to identify the driver?
What happens if the owner does not know who was driving?
What penalties apply for failing to identify the driver?
What defences apply to duty of owner of motor vehicle to give information about driver charges in Victoria?
Defences for duty of owner of motor vehicle to give information about driver include lack of intent, mistaken identity, or insufficient evidence. Your lawyer will analyse the case facts to determine the strongest defence strategy.
