Driving an Unregistered Vehicle
Driving an unregistered vehicle is an offence under section 7 of the Road Safety Act 1986 (Vic)
(1) A person must not—
(a) use on a highway a motor vehicle or a trailer; or
(b) own a motor vehicle or a trailer which is used on a highway— unless that motor vehicle or trailer is registered under this Part or exempted from registration under the regulations or is used as specified in a registration permit granted in accordance with the regulations.
(2) A person must not—
(a) use a motor vehicle or trailer in breach of any condition of its registration; or
(b) being the registered operator of a motor vehicle or a trailer, permit or allow it to be so used or employ a person to so use it.
Elements
The prosecution must prove the following elements beyond reasonable doubt:
Element 1: The vehicle was a motor vehicle or a trailer
A motor vehicle is a vehicle that is used or created with the purpose of being used on a highway, and is propelled by a motor.
A trailer is a vehicle that was built to be towed or is towed by a motor vehicle. It does not include a motor vehicle that is being towed.
Element 2: The vehicle was used on a highway
The accused must have used the motor vehicle or trailer on a highway. A “highway” is any “road or road related area” per section 3 of the Road Safety Act. This includes areas designated for cyclists or animals and footpaths or nature strips adjacent to a road.
Element 3: The vehicle was registered, or was registered but used in breach of its registration conditions
The accused must have either used an unregistered motor vehicle or trailer on a highway, or used a motor vehicle or trailer in a way that breaches a condition of its registration.
Element 4: The accused was using, or was the owner or registered operator, of an unregistered motor vehicle or trailer on a highway
Ths element will be satisfied if:
- The accused was driving or operating an unregistered vehicle; or
- A registered operator of an unregistered vehicle allowed or employed a person to use it; or
- The accused owns or is the registered operator of an unregistered vehicle
Defences
There may be certain defences available to an accused, depending on the circumstances of the alleged offending.
Possible defences include:
Factual Dispute
A factual dispute can arise if the accused states they did not engage in conduct that may constitute elements of the offence.
Wrongful Identification
A wrongful idenitifcation defence may be relied upon if the accused was not driving the vehicle or was not the owner or registered operator of a vehicle.
Penalties
If a person is found guilty of this offence, they will be liable to a penalty not exceeding 25 penalty units ($5,227.50) for a first offence. For a second or a subsequent offence, the person will be liable to a penalty of not more than 50 penalty units ($10,455).
If a body corporate is found guilty of a first offence, the court may impose a penalty not exceeding 125 penalty units ($26,137.50). For a second or subsequent offending, the penalty is a fine not exceeding 250 penalty units ($52,275).
Legal Advice
If police have charged you with the offence of driving an unregistered vehicle, it is crucial to seek legal advice.
Here at Jay & Co, we specialise in motor vehicle law and can assist you in your matter. Please do not hesitate to contact us if you require legal assistance.
