Victorian Current Acts Victorian Current ActsS. 18(1) amended by Nos 58/1995 s. 8, 57/1998 s. 15, 81/2006 s. 42(1), 5/2016 s. 36(Sch. 1 item 1), substituted by No. 68/2017 s. 40.
(1) A person must not drive a motor vehicle on a highway unless the person—
(a) holds a driver licence or learner permit which authorises the person to drive that category of motor vehicle; or
(b) holds a licence or permit issued in another State, a Territory or another country and is authorised by the regulations to drive that category of motor vehicle; or
(c) is otherwise authorised by the regulations to drive that category of motor vehicle.
S. 18(1A) inserted by No. 70/2016 s. 6, substituted by No. 68/2017 s. 40, amended by No. 30/2021 s. 33(1).
(1A) Unless subsection (2), (2A) or (3) applies, a person who commits an offence under subsection (1) is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months.
S. 18(2) substituted by No. 19/1991 s. 5, amended by No. 5/2016 s. 20, substituted by Nos 68/2017 s. 40, 30/2021 s. 33(2).
(2) If the court is satisfied—
(a) the person held an applicable driver licence or learner permit at some time before the commission of an offence under subsection (1) but, at the time of the commission of that offence, the person had not held an applicable driver licence or learner permit for a period not exceeding 6 months solely because the person had not renewed the applicable driver licence or learner permit; and
(b) the applicable driver licence or learner permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person—
the person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month.
S. 18(2A) inserted by No. 30/2021 s. 33(2).
(2A) If the court is satisfied—
(a) the person—
(i) at some time within 6 months before the commission of an offence under subsection (1)—
(A) held an Australian driver licence (other than a driver licence or learner permit) or interstate learner permit, or a licence or permit issued in another country; and
(B) was, under the regulations, authorised to drive the motor vehicle; and
(ii) at the time of the commission of the offence under subsection (1), had resided in Victoria for a period of 12 months or less; and
(b) the licence or permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in another State or a Territory, or another country—
the person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month.
S. 18(3) inserted by No. 81/2006 s. 42(2), amended by No. 81/2006 s. 19(3)(a), substituted by No. 56/2013 s. 16, amended by Nos 49/2014 s. 37(4), 70/2016 s. 7, substituted by No. 68/2017 s. 40, amended by No. 49/2019 ss 100, 116(Sch. 1 item 31), substituted by No. 41/2020 s. 33.
(3) The person is liable to a penalty not exceeding 240 penalty units or to imprisonment for not more than 2 years if the court is satisfied that—
(a) the person was disqualified under this Act or the Sentencing Act 1991 from obtaining a driver licence or learner permit; and
(b) the person has ceased to be disqualified from obtaining a driver licence or learner permit; and
(c) were the person to hold a driver licence or learner permit, an alcohol interlock condition may be imposed on the driver licence or learner permit.
S. 18(4) inserted by No. 81/2006 s. 42(2).
(4) If subsection (3) applies, the court may, if it considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months.
S. 18(5) inserted by No. 81/2006 s. 42(2).
(5) An order under subsection (4) may be made subject to specified conditions.
S. 18(6) inserted by No. 81/2006 s. 42(2).
(6) The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person.
S. 18(7) inserted by No. 81/2006 s. 42(2).
(7) If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made.
S. 18(8) inserted by No. 81/2006 s. 42(2).
(8) On return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.
S. 18(9) inserted by No. 30/2021 s. 33(3).
(9) In this section—
"applicable driver licence or learner permit "means a driver licence or learner permit which authorises the person to drive a category of motor vehicle which includes the motor vehicle driven by the person.
S. 18AA inserted by No. 68/2017 s. 41.