Immediate driver licence and/or learner permit suspensions 

In certain circumstances, a person charged with any one of a range of offences may have their Victorian driver licence or learner permit immediately suspended by Victoria Police.

From 12 November 2020, there will be new immediate licence suspension laws for excessive speeding offences and serious motor vehicle offences where a motor vehicle is used as a weapon in the commission of the offence. 

Immediate licence suspension will apply to:

  • a person caught driving 45 km/h or more over the speed limit or 145 km/h or more in a 110 km/h zone (these motorists are also subject to vehicle impoundment)
  • a person who has been charged with murder, attempted murder, gross violence offences or causing serious injury offences if they used a motor vehicle in the commission of the offence and it resulted in death or injury.

The suspension takes effect immediately and will last until:

  • the charge is determined by a Court, or
  • a suspension or cancellation associated with a Traffic Infringement Notice (TIN) commences, or
  • the charge is withdrawn by a Court, or
  • the suspension is revoked on appeal.  

Some of the offences that can lead to an immediate suspension, includes but is not limited to:

  • Drink and/or drug-driving offences; driving under the influence of alcohol, or alcohol and drugs, refusing to undertake a breath/drug test, or repeat offences,
  • Dangerous driving or excessive speeding (driving 45 km/h or more over the speed limit or 145 km/h or more in a 110 km/h zone),
  • Serious motor vehicle offences where a motor vehicle is used as a weapon in the commission of the offence and it resulted in death or injury.

A person whose driver licence and/or learner permit is immediately suspended must hand their licence or permit card to the police officer who issued the notice. 

Any suspension period served may be taken into consideration and may be deducted from any period of disqualification or cancellation imposed by the Court.

A person may apply to the Magistrates' Court to appeal against the decision to suspend their driver licence and/or learner permit. On appeal, the Court can order that the notice of suspension be revoked or confirmed.

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