Improper Use of Motor Vehicle

Improper Use of Motor Vehicle

Improper Use of Motor Vehicle is when someone intentionally drives a car in a way that causes the wheels to lose traction.
 
Improper Use of Motor Vehicle
Sentencing
Sentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Improper Use of Motor Vehicle in the Magistrates' Courts
  • A group of friends are doing ‘donuts’ with their cars in a vacant parking lot.
  • A man is driving a car in the rain and as he turns a corner, his car slides off the road.

  • You did not intentionally lose traction of the wheels on your car.
  • You lost traction while driving during a sporting event.
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
  • Can they prove that you were intentionally trying to lose traction of your wheels while driving?
  • What were you actually doing?

Maximum penalty and court that deals with this charge

The maximum penalty for Improper Use of Motor Vehicle (s65A of the Road Safety Act 1986) is a fine of 5 penalty units.

The improper use of a motor vehicle is a charge heard in the Magistrates’ Court.

The section that covers this offence is section 65A of the Road Safety Act 1986.

What is the legal definition of Improper Use of Motor Vehicle ?
A person drives a motor vehicle in a way that causes the vehicle to lose traction by one or more of the vehicle’s wheels.

“Was it deliberate?”