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 to Procure Use of Motor Vehicle by Fraud?
This Victorian offence under Section 69 of the Road Safety Act 1986 addresses situations where a person secures access to a motor vehicle in the context of a hiring arrangement by engaging in dishonest conduct. It captures deceptive behaviour used to obtain the benefit of a vehicle that would not otherwise be provided.
Key points
- Elements: Procuring the use or hire of a motor vehicle by fraud or misrepresentation, or aiding and abetting that conduct.
- Type of conduct: Obtaining a vehicle through false identification, inaccurate details, or other deceptive representations.
- Court level: Magistrates’ Court.
The maximum penalty for Offence to Procure Use of Motor Vehicle by Fraud is 10 penalty units ($2,091 as at 2026-27) or 2 months’ imprisonment.
Common defences may include disputing the alleged misrepresentation, arguing the elements are not proven beyond reasonable doubt, or asserting the charge is statute barred.
Have you been accused of Offence to Procure Use of Motor Vehicle by Fraud? One of our experienced criminal defence lawyers can advise you of how to deal with this allegation.
Police Interview
Before speaking to police—whether during a formal interview under arrest or after being stopped, for example while driving—you should always request to speak with a lawyer before answering any questions about a possible offence. Our expert criminal lawyers provide clear, practical advice on whether it is appropriate to answer police questions or exercise your right to remain silent and respond with “no comment,” ensuring your rights are fully protected.
Pleading Not Guilty
If you have been charged with the offence to Procure Use of Motor Vehicle by Fraud and you wish to plead not guilty, one of our expert criminal lawyers will analyse the police brief of evidence and identify those elements of the offence that police are unable to prove beyond reasonable doubt.
Our lawyers will proactively search for evidence which the police have over-looked during their investigation. This approach has seen our lawyers achieve acquittals in the past for other clients.
Pleading Guilty
If you are pleading guilty to an offence at Court, it is important of course that the detail of your actions is correct. An expert criminal lawyer will negotiate with police on your behalf to ensure that not only the charge is made out against you, but that the summary of what police say happened is also agreed. Your lawyer will tell your story to the Court to ensure that you receive the best possible outcome in your particular circumstances.
Which court will the case be heard in?
This is the sort of charge that would be heard in the Magistrates’ Court.
What is the legal definition of Offence to Procure Use of Motor Vehicle by Fraud?
This offence arises when a person, either themselves or by helping another, hires or gains use of a motor vehicle by misrepresenting the truth.
Examples of the Offence to Procure Use of Motor Vehicle by Fraud
- A person uses a driver’s license that is not their own to hire a car.
- A person who has lost their license hires a car using false details.
- A person uses their friend’s driver’s license as they look similar.
Legislation
The legislation for this offence can be found on section 69 of Road Safety Act 1986.
Elements of the offence
In essence to prove this charge the Police must show that the accused procured the use, or hire of a motor vehicle drove which was obtained by fraud or misrepresentation. In the alternative the Police must show that the accused aided or abetted in circumstances where the use or hire was by fraud or misrepresentation.
Defences
The charge maybe be defended in court through a factual dispute, the concept of beyond reasonable doubt, or because of the charge being stature barred.
Questions in cases like this
- Did you use or hire a motor vehicle?
- Was fraud involved?
- In what way did you help someone use or hire a car through fraud?
You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not had huge consequences for you and should be made after proper discussion with a criminal lawyer.
Maximum penalty for section 69 of the Road Safety Act 1986
The penalty for Offence to Procure Use of Motor Vehicle by Fraud (s69 of the Road Safety Act 1986) is a fine of 10 penalty units ($2,091 as at 2026-27) or imprisonment for 2 months.
