Infringement Notices

Question 1

When can an infringement notice not be issued?

Answer 1

• where the offence is not listed in the infringement notice codes and penalties guide (Form 508A)
• where the offence arises from a fatal collision
• to any person under 14 years of age
• more than three (3) notices to a person on any one occasion
• for drink driving infringement of 0.150 or more
• for Drive Whilst Impaired (by a drug) offences under Section 49(1)(ba)
• for ‘supervising driver’ offences for alcohol, drug and excessive speed
• to a Learner Driver under the age of 18 years for a loss of licence infringement
• where a driver is unlicensed, suspended, or has a cancelled driver licence, and where the offence relates to a loss of licence infringement.
• where a brief is to be submitted for offences arising from the same set of circumstances
• the driver is a Victoria Police employee and the offence involves criminality, unless authorised by the Assistant Commissioner of of the Ethical Standards Department
• where a vehicle is impounded for a relevant offence (impounds are discussed in the phase 3 Road Safety Act module)

Question 2

What are the service types?

Answer 2

• personal
• post
• affixed to vehicle

Question 3

What is the due date of infringement notices?

Answer 3

It is 28 days from the date of issue.

Question 4

Where can officers find offence details?

Answer 4

They are located in the 508A code book.

Question 5

What are the two methods of returning an infringement notice?

Answer 5

• returned by post - a notice returned undelivered, is deemed to have been served where a verified address has been used.
• unable to be served - if a notice cannot be served, the notice should be cancelled, and the matter should be dealt with by an alternative process (ie. brief).

Question 6

What are the three elements of loss of licence infringement excessive speed?

Answer 6

• in relation to the offences of exceeding the speed limit a licence suspension period is mandatory for offences involving vehicles (other than heavy vehicles) for speeds of 25 kilometres per hour or more over the permitted speed.
• where a speed measuring device is used, the reading should be reduced by 2 km/h.
• the relevant infringement notice penalty is determined from the alleged speed not the detected speed.

Question 7

What are the two elements of drink driving loss of licence infringements?

Answer 7

• infringement notices can be issued for first offences below 0.15 (or no prior convictions within 10 years) and include licence and permit cancellation and disqualification periods.
• in addition to this, section 51(1B) of the Road Safety Act 1986 allows for the service of an immediate licence suspension notice for relevant drink driving offences (further discussed in Impaired Driver Phase 3). This notice suspends a driver licence until the matter is fully heard and determined either by way of infringement notice or by appearance at court.

Question 8

What are the 2 elements of drug driving loss of licence infringements?

Answer 8

• infringement notices can be issued for first offences (or no prior convictions within 10 years) for a Drug Driving offence and is a licence suspension only.
• the infringement notice will be issued upon receipt of the toxicology report from the oral fluid sample.

Question 9

What are the requirements for demerit points pertaining to limits?

Answer 9

• The holder of a P1 or P2 licence who receives five or more demerit points in any 12 month period, or 12 or more demerit points in any 3 year period, will have their licence suspended by the corporation for a minimum of 3 months. Same rule for full licence, 12 or more demerit points in any 3 year period.
• An additional 28 days suspension is incurred for every further four points incurred by a driver above the previous stated limits.
• Overseas licences must be disqualified and cannot be suspended, drivers under 22 have learner probationary demerit point sanctions imposed and drivers over 22 have full licence holder demerit points limits imposed.
• Two options when maximum number reached, suspended for 3 months, good behaviour bond for 12 months, if further points are incurred double suspension period to 6 months.

Question 10

What is the process for a cancellation of Infringement Notice due to an error?

Answer 10

• Write ‘cancelled’ across all copies of the notice.
• Complete a Request for Cancellation of Infringement or Official Warning Notice (VP Form 508E)
• Attach a copy of the completed VP Form 508E to the triplicate copy of the notice which is retained in the book; and
• Forward a copy of the complete VP Form 508E to Fines Victoria with the original (brown) and offender’s copy (red) of the notice.