Fail to Notify Change of Address

Fail to Notify Change of Address

Fail to Notify Change of Address is found in section 67(1) of the Road Safety (Drivers) Regulations 2009 in Victoria. It is committed by a person who is holder of a driver’s licence or learner permit and who failed to notify VicRoads of a change in address for service (postal address) within 14 days of the change.

Have you been accused of Fail to Notify Change of Address?

Police Interview
It is worth noting that the purpose of the Police interview is for the investigating officer to gather information from you to support their allegation that you Failed to Notify Change of Address. The answers and comments you make during the Police interview will appear in the brief of evidence against you. This will determine how your case is run.

You have different choices in a Police Interview. It is a good idea to speak with a lawyer before any interview to discuss your rights and decide the best option for you.

Pleading Not Guilty
We have many lawyers who are experienced in fighting charges in Court. We can advise you of your best options in moving forward with this charge.

Pleading Guilty
If you decide to plead guilty to Failing to Notify Change of Address, there are many sentencing options which may not impact your criminal history. It is worthwhile speaking to one of our lawyers about the types of sentencing options are available to you.

Sentencing
Sentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Fail to Notify Change of Address in the Higher Courts
Cases related to this offence will be heard at the Magistrates’ Courts.
 
What is the legal definition of Fail to Notify Change of Address?
ROAD SAFETY (DRIVERS) REGULATIONS 2009 – REG 67

Change of personal particulars or condition

  1. A holder of a driver licence or learner permit must notify the Corporation of any change to the person’s personal particulars or the person’s address for service of notices if this is different from the person’s residential address within 14 days of the change.
Penalty: 3 penalty units.

Examples of Fail to Notify Change of Address
  • You move house but do not notify VicRoads. You are then asked to present your driver’s licence to a police officer for a driving incident. The policeman looks at your license and asks if it is your current address. It is not.
  • The nearest VicRoads office is closed so rather than using the internet or phoning you slide a letter under the door and it is lost.
Elements of the offence
The prosecution must prove:

  • The accused was the holder of a driver licence or learner permit;
  • The accused failed to notify the Corporation of a change of his or her address for service of notices (this is different from his or her residential address); and
  • The accused failed to do so within 14 days of the change.
Legislation
The legislation for this offence can be found on section 67(1) of the Road Safety (Drivers) Regulations 2009.
 
This offence may be defended in court on the basis of honest and reasonable mistake of belief and factual errors. The overall circumstances of a case will determine what will be an appropriate defence to the charge.

Normally these charges result in pleas of guilty. Make sure you are organised for Court and have worked out exactly what you are going to tell the Magistrate.

With any governmental organisation it is important to keep a solid record of any correspondence. This includes what you are sending, whether it has been received and on what date.
 
Maximum penalty and court that deals with this charge

The offence of Fail to Notify Change of Address (s67(1) of the Road Safety (Drivers) Regulations 2009) carries a fine of 3 penalty units (around $483.57) as the highest possible.

Given the penalty, this is not the sort of charge that you want to get a lawyer involved with as the cost would be considerably more than the penalty.