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 Probationary Driver – No “P” Plates?
This offence concerns compliance with identification requirements for probationary drivers. Regulation 55 of the Road Safety (Drivers) Regulations 2009 requires eligible drivers to display “P” plates when driving on a highway in Victoria.
Key points
- What must be proved: The accused was a probationary driver who drove a motor vehicle (not a tractor) on a highway without a “P” plate conspicuously displayed.
- Display standard: Plates must be positioned correctly and be clearly visible, with the colour distinguishable from 20 metres.
- Court level: This is a summary offence heard in the Magistrates’ Court.
The maximum penalty for Probationary Driver – No “P” Plates is 3 penalty units ($627.30 as at 2026–27).
Common defences may include factual dispute.
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’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety (Drivers) Regulations 2009 (Vic) r 55(1) — 417 charges across 391 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Fine | 74.6% |
| Adjourned Undertaking | 10.8% |
| Discharge/Dismissal | 8.9% |
| Community Correction Order | 5.0% |
| Imprisonment | 0.7% |
These figures indicate that a custodial sentence is unlikely for this offence. Instead, courts most often deal with the matter by imposing a financial penalty or another less serious outcome, depending on the circumstances of the offence and the individual driver’s history.
Defences
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 ($627.30 as at 2026–27) for anyone found guilty of this charge.
Legislation
ROAD SAFETY (DRIVERS) REGULATIONS 2009
Probationary drivers must have “P” plates
Reg. 55. Probationary drivers must have “P” plates
- 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—
- 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
- 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
- The accused was a probationary driver.
- The accused drove a motor vehicle that was not a tractor on a highway.
- The accused drove the vehicle without a “P” plate conspicuously displayed.
