Victorian Current Acts

ROAD SAFETY ACT 1986 - SECT 85IA

    (1)     This section applies if a person (the accused ) is charged by a police officer with—

        (a)     an offence against section 61(1)(a) or (b); or

        (b)     an offence against any of the following provisions of the Crimes Act 1958 —

              (i)     section 317AC;

              (ii)     section 317AD;

              (iii)     section 317AE;

              (iv)     section 317AF;

              (v)     section 319AA(1).

    (2)     A senior police officer, by written notice, may suspend the driver licence or learner permit of the accused at any time on or after the charge-sheet is given to the accused until the charge has been determined.

    (3)     The senior police officer must not, under subsection (2), suspend the driver licence or learner permit of the accused unless the senior police officer is reasonably satisfied that—

        (a)     in the case where the accused has been charged with an offence against section 61(1)(a) or (b)—

              (i)     another person has died or suffered serious injury from the accident that occurred; and

              (ii)     the accused is an unacceptable risk to road safety until the charge is determined; and

        (b)     in the case where the accused has been charged with an offence against section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958 —the accused is an unacceptable risk to road safety until the charge is determined.

S. 85J inserted by No. 6/2020 s. 7.