Fail to Notify Change of Address

– section 67(1) of the Road Safety (Drivers) Regulations 2009
Letter
It is the responsibility of the holder of a drivers licence or learner permit to notify VicRoads of a change in address for service (postal address) within 14 days of the change. Failure to notify VicRoads of this change is an offence pursuant to regulation 67(1) of the Road Safety (Drivers) Regulations 2009.
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.
What are some of the possible defences to Fail to Notify Change of Address?

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

This offence carries a fine of 3 penalty units (around $483.57) as the highest possible. Cases related to this offence will be heard at the Magistrates’ Courts.

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.

Call Doogue + George

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.

Legislation

The legislation for this offence can be found on section 67(1) of the Road Safety (Drivers) Regulations 2009.

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.
Sentencing in the Magistrates’ Courts

There were 1,486 cases (1,523 charges) of Fail to Notify Change of Address that were heard in the Magistrates’ Courts of Victoria from 1 July 2013 to 30 June 2016. Majority of these cases resulted in fines (71.9%).

Other sentences include: Community Correction Order (11.1%), adjourned undertaking/discharge/dismissal (8.1%), imprisonment (5.1%), wholly suspended sentence (3.6%), partially suspended sentence (0.1%), Youth Justice Centre Order (0.1%), and other sentencing options (0.1%).

FineOf the fines imposed, the highest was in the “$4,000 < $5,000” category but this was given to only 0.2% (aggregate) of those who were fined. Majority was in the “$500 < $1,000” category (50.0% for aggregate and 0.3% for non-aggregate).

There were 75 cases that led to imprisonment but most of these cases were given a term of less than 3 months (45.3%). The longest term imposed was higher than 18 but fewer than 24 months and was given to only 5.3% of those who received imprisonment as a sentence.1

Please note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.2

Other important resources
Media

 



[1] SAC Statistics – Road Safety (Drivers) Regulations 2009 (Vic) : r 67(1) – fail to notify change of address < https://www.sentencingcouncil.vic.gov.au/sacstat/magistrates_court/SR09_95_67_1.html >
[2] Suspended Sentence | The Sentencing Advisory Council < https://www.sentencingcouncil.vic.gov.au/about-sentencing/sentencing-options-for-adults/suspended-sentence >