Probationary Driver – No “P” Plates

Probationary Driver – No “P” Plates

Probationary Driver Not Displaying ‘P’ Plates is an offence found in section 55 of the Road Safety (Drivers) Regulations 2009. Our lawyers deal with driver offences frequently and can assist you if you have been charged with this offence including by giving advice on any effect this charge might have on your license.

Police Interview
Being charged with this offence is likely to be a stressful experience for you, particularly if police are wanting to interview you. We can help you navigate this process and help you to prepare for an interview.

Pleading Not Guilty
If you think you have been wrongly charged with this offence it is important to get in touch with a lawyer who can discuss some options with you. We regularly deal with driving matters and can assist you with advice. We would also look at the Brief of Evidence and consider whether the evidence alleged by the police meets the legal definition of the charge.

Pleading Guilty
If you decide to plead guilty to this offence and you need to go to court, we can help you prepare. We understand that our clients are often concerned with court orders that effect their license and work to achieve a good outcome for them. We are aware of the appropriate penalties for offences such as this and would be able to help you navigate the court process.

Sentencing
Sentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Probationary Driver Not Displaying P Plates in the Magistrates' Courts
The defence typically used against a charge of Probationary Driver – No “P” Plates is factual dispute.
 
Maximum penalty and court that deals with this charge

Probationary Driver – No “P” Plates (regulation 55 of the Road Safety (Drivers) Regulations 2009) is a summary offence and so will be heard at the Magistrates’ Court. There is a maximum penalty of 3 penalty units (fine) for anyone found guilty of this charge.

ROAD SAFETY (DRIVERS) REGULATIONS 2009

Probationary drivers must have “P” plates

Reg. 55. Probationary drivers must have “P” plates

  1. A person who holds a probationary driver licence or a driver licence issued on a probationary basis in another jurisdiction must not drive a motor vehicle (other than a tractor) on a highway unless—

    1. an appropriate P plate is displayed facing out from the rear of the vehicle so that the letter “P” is clearly visible and the colour of the plate is distinguishable from a distance of 20 metres behind the vehicle; and
       
    2. in the case of a vehicle other than a motor cycle, an appropriate P plate is displayed facing out from the front of the vehicle so that the letter “P” is clearly visible and the colour of the plate is distinguishable from a distance of 20 metres ahead of the vehicle.
What the Prosecution must prove
  1. The accused was a probationary driver.
  2. The accused drove a motor vehicle that was not a tractor on a highway.
  3. The accused drove the vehicle without a “P” plate conspicuously displayed.