Failure to Nominate Driver Upon Demand by Police (section 60 of the Road Safety Act 1986 (Vic)
The Road Safety Act 1986 (Vic) imposes various duties upon a driver or person in charge of a motor vehicle.
A previous article looked at the duties that arise from a motor vehicle accident.
In this article, we discuss the elements of the offence and the consequences of a breach of a duty to nominate the person driving a motor vehicle upon request by police.
What The Prosecution Must Prove
Without replicating section 60 of the Road Safety Act 1986 (Vic) in full, in summary, the offence has the following elements:
(1) An owner of a motor vehicle or a relevant nominated person or a person a police officer reasonably believes had possession or control of a motor vehicle is requested by police to provide information that will identify the driver or a person who had possession or control of a motor vehicle on a particular occasion; and
(2) Fails to provide information as requested by police; or
(3) Fails to make reasonable enquiries as to the person who had possession or control of the motor vehicle on the particular occasion.
When Would a Demand Under section 60 arise
When the police identify a vehicle travelling at a very high speed can identify the vehicle but declined to engage in pursuit then upon identifying the registered owner of the vehicle a request would be made under section 60 to confirm whether or not the registered owner was the driver.
Another situation would be where the police are investigating an accident involving motor vehicles.
The Penalties For Failing To Nominate a Driver Depend Upon The Severity of the Circumstances
Where the police are investigating the identity of a driver involved in an accident where a person was either killed or seriously injured, the maximum penalties are 20 penalty units or imprisonment for 4 months.
In any other case - 20 penalty units, or imprisonment for 2 months.
Under section 60(2)(b) the sentencing Magistrate or Judge may order cancellation and disqualification of a driver's license for any period that the Court thinks appropriate in the circumstances.
Are you Intending to Get Representation for an Allegation of Failing to Nominate a Driver?
As discussed, the penalties for this offence can be significant. If you are intending to get representation so as to explore the possibilities of defending this offence, or mitigating the penalties, for example, a submission that your keep your license, early advice and preparation is key.
Call our office on 9668 7600 or book an appointment online and we can discuss your options further with you.