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 6 August 2026.
What is the offence of Offence to Drive Probationary Prohibited Vehicle?
The offence of driving a probationary prohibited vehicle arises when a probationary licence holder operates a high-powered vehicle that is restricted under Victorian regulations. It is governed by regulation 58 of the Road Safety (Drivers) Regulations 2019 (Vic) and carries a financial penalty.
Key points
- Elements: The accused was a probationary driver and drove a high-powered vehicle on a highway
- Conduct: Driving a vehicle that meets the regulatory definition of a probationary prohibited vehicle
- Court: Magistrates’ Court (summary offence)
The maximum penalty for Offence to Drive Probationary Prohibited Vehicle is 10 penalty units ($2,091 as at 2026-27).
Common defences may include employment-related driving at an employer’s request; a VicRoads written exemption for employment or family circumstances; driving with an appropriately licensed supervising driver and driver-under-instruction plates; factual dispute.
Have you been accused of Offence to Drive Probationary Prohibited Vehicle? Speak with one of our experienced traffic lawyers to receive advice on possible defences and penalties.
Police Interview
Did you know that when dealing with police you can ask to speak to a lawyer at any time, including when you are intercepted by police when driving? Are you aware of the circumstances when it might be in your best interests to answer police questions, or when it would be best to say ‘no comment’?
If police wish to interview you in relation to the charge of Drive Probationary Prohibited Vehicle, you should speak to an expert criminal lawyer as soon as possible prior to speaking to police to ensure that you receive the best advice about how to proceed.
Pleading Not Guilty
Did you know that if police charge you with a criminal offence, each element of that offence must be made out before a Court can find you guilty beyond reasonable doubt?
In order to successfully defend the charge of Drive Probationary Prohibited Vehicle, it is in your interest to seek expert criminal law advice at the earliest possible stage. Your criminal lawyer will analyse the police brief of evidence, work with you to develop your best defence strategy and appear on your behalf at Court to defend the charge.
Pleading Guilty
Is your probationary driver’s licence is very important to you? If you are pleading guilty to the offence of Drive Probationary Prohibited Vehicle, did you know that the Court has the power to make an order against your licence?
An expert criminal lawyer will provide you advice about necessary steps to take before your matter goes to Court, and make detailed submissions to the Court on your behalf about why your licence is so important to you.
Sentencing
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety (Drivers) Regulations 2019 (Vic) r 58(1) — 267 charges across 252 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Fine | 75.7% |
| Adjourned Undertaking | 15.0% |
| Community Correction Order | 6.4% |
| Discharge/Dismissal | 3.0% |
The data indicates that this offence is most often dealt with through financial penalties or bond-type outcomes rather than more serious sanctions. When determining sentence, the court will consider the circumstances of the driving, any prior traffic history and the driver’s overall compliance with licence conditions. Early legal advice can assist in presenting the matter in the best possible way.
Defences
A person accused of the Offence to Drive Probationary Prohibited Vehicle may be defended in court through the following criminal defences:
- Factual dispute
- The person was driving a high powered motor vehicle in the course of his or her employment and at the request of his or her employer.
- The person is exempt by written authorisation from VicRoads due to their employment or family circumstances.
- The person was driving sitting next to a person who holds an appropriate licence for the category of vehicle and that there is a driver under instruction plate affixed to, and facing out from, the front and rear of the vehicle.
Maximum penalty and court that will hear this charge
There is a maximum penalty of 10 penalty units ($2,091 as at 2026-27) that may be imposed against a person who is proven to be guilty of the Offence to Drive Probationary Prohibited Vehicle (regulation 58 of the Road Safety (Drivers) Regulations 2019). As a summary offence, any case will be heard at the Magistrates’ Court.
Legislation
ROAD SAFETY (DRIVERS) REGULATIONS 2019
Reg. 58. Offence to drive probationary prohibited vehicle
(1) The holder of a probationary driver licence must not drive a probationary prohibited vehicle on a highway:
Reg. 57 Defines probationary prohibited vehicles as
- …a motor vehicle (other than a motor cycle) that
- has a power to mass ratio which exceeds 130 kilowatts per tonne; or
- has an engine that has been modified to increase the vehicle’s performance (a high powered modification), other than a modification made by the manufacturer in the course of the manufacture of the vehicle; or
- is declared under subregulation (2) to be a probationary prohibited vehicle; or
- is a vehicle of a class of vehicles declared under subregulation (2) to be probationary prohibited vehicles.
What the prosecution must prove – Offence to drive probationary prohibited vehicle
- The driver was a probationary driver
- The driver drove a high powered motor vehicle on a highway
