Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 85Y

Immediate disqualification for charges for certain drug or alcohol related offences

    (1)     If a non-Victorian licence or permit holder or unlicensed driver is charged with a relevant offence by a police officer, any police officer, by written notice, may, at any time after the filing of the charge-sheet charging the relevant offence until the charge has been determined, disqualify the person from obtaining a driver licence or learner permit.

    (2)     If a non-Victorian licence or permit holder or unlicensed driver is charged with a relevant offence by an employee of the Department, where the person had been driving or in charge of a commercial motor vehicle, an employee of the Department, by written notice, may, at any time after the filing of the charge-sheet charging the relevant offence until the charge has been determined, disqualify the person from obtaining a driver licence or learner permit.

    (3)     In this section—

"relevant offence" means—

        (a)     an offence under section 49(1)(b), (bc), (f), (g) or (j) where it is alleged that the concentration of alcohol in the blood or breath of the person charged (as the case requires) was—

              (i)     if the person held a full non‑Victorian licence—

    (A)     0·10 grams or more per 100 millilitres of blood; or

    (B)     0·10 grams or more per 210 litres of exhaled air; or

              (ii)     if the person held a non‑Victorian learner permit or non-Victorian probationary or provisional licence or is an unlicensed driver

    (A)     0 07 grams or more per 100 millilitres of blood; or

    (B)     0 07 grams or more per 210 litres of exhaled air; or

        (b)     an offence under paragraph (c), (d) or (e) of section 49(1); or

        (c)     an offence that would be a subsequent offence, within the meaning of section 48(2), if the person charged were convicted.

S. 85Z inserted by No. 30/2021 s. 64.



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