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Offence to Drive High-Powered Vehicle

– regulation 57 of the Road Safety (Drivers) Regulations 2009

This offence is committed by a person who drives a probationary prohibited vehicle on a highway despite being a holder of a probationary driver’s licence.
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. As a summary offence, any case will be heard at the Magistrates’ Court.
 
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

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