Offence to Drive High-Powered Vehicle

The offence of Drive High Powered Motor Vehicle is found in section 57 of the Road Safety (Drivers) Regulations 2009 in Victoria. It is a criminal offence that is committed by a person who was found to have driven a probationary-prohibited vehicle on a highway despite being a holder of a probationary driver’s licence.

Have you been accused of the offence of Drive High Powered Motor 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 High Powered Motor 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 High Powered Motor 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 High Powered Motor 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’ Courts of VictoriaSentencing Statistics Pie Chart for Probationary Driver Driving Prohibited Vehicle in the Magistrates' Courts
Defences
A person accused of the Offence to Drive High-Powered 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 (financial penalty) that may be imposed against a person who is proven to be guilty of the Offence to Drive High Powered Motor Vehicle (regulation 57 of the Road Safety (Drivers) Regulations 2009). As a summary offence, any case will be heard at the Magistrates’ Court.

Legislation
ROAD SAFETY (DRIVERS) REGULATIONS 2009

Reg. 57. Offence to drive high powered motor vehicle

(1) The holder of a probationary driver licence must not drive a probationary prohibited vehicle on a highway.

What the prosecution must prove – Offence to drive probationary prohibited vehicle
  1. The driver was a probationary driver
  2. The driver drove a high powered motor vehicle on a highway