Duty of Owner of Motor Vehicle to Give Information About Driver

Duty of Owner of Motor Vehicle to Give Information About Driver

This offence is when someone who is the owner of a motor vehicle refuses to give the Police information about who was driving the vehicle.
 
Sentencing

Sentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Fail to Give Information About Driver or Accident in the Magistrates' CourtsPlease note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.1


[1] Sentencing Advisory Council. Abolished Sentencing Orders, accessed February 9, 2021, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.

  • 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.

  • 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 or imprisonment for a term of not more than 4 months, or both.

This sort of charge is heard in the Magistrates’ Court.

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?”