Driving

You can only drive a car or ride a motorbike on a road or in a public place if you have a learner’s permit or driver’s licence. You can’t drink any alcohol and drive while on L-plates or P-plates. It’s also illegal to drive if you’re affected by drugs (even if they’ve been prescribed by your doctor). The police conduct random roadside drink and drug driving tests.

Your car or motorbike must be registered if driven in a public place.

Learning to drive

When you’re on your L-plates you must always have an experienced licensed driver with you when you drive.

Once you get your car driver’s licence you will be on P-plates for three years – or four years if you are under 21. This is called a probationary licence and there are stricter rules during this time. The penalties are tough if you break the rules on a probationary licence.

For motorbike licences the length of time on P-plates depends on what kind of car licence you already have.

Whether you are on L-plates or P-plates you must carry your licence or permit with you at all times. VicRoads (link below) is responsible for licensing services in Victoria.

Cars

You can apply for a learner’s permit to drive a car when you are 16. The amount of time you need to spend as a learner depends on how old you are. If you are under 21 you must have your learner’s permit for at least 12 months before applying for a driver’s licence. Drivers under 21 also have to keep a record of the time you spend learning.

There are some exceptions that let people have a shorter learner’s permit period – for example, if the licence is essential for work and you live in a very isolated area. You have to apply to VicRoads (link below).

Motorbikes

You can apply for a learner’s permit to ride a motorbike when you are 18. You must have the permit for at least three months before you can apply for a licence.

All L and P-plate motorcyclists can only ride a motorbike or motor scooter that has been approved by VicRoads (link below). 

Motorcyclists can not carry a passenger on their bike or scooter when they are learners or during the first year of their probationary (P-plate) licence.

If you are riding a motorbike, scooter or bicycle you must wear an approved helmet.

Changes to the licensing system

There have been major changes to the licensing system in Victoria. The changes affect you if you want to get a licence or if you’re fully licensed and under 26. Most of the changes also apply to motorbike licences.

The graduated licensing system was introduced on 1 July 2008. The new system means that if you are under 21 and applying for a probationary licence you will have a minimum one-year P1 licence, and then a minimum three-year P2 licence. Other rules apply for older drivers.

The changes mean that:

• you must have a learner’s permit for a minimum of 12 months (if under 21)
• you must have a minimum of 120 hours of supervised driving experience, including a minimum of 10 hours night driving (under 21 only)
• learner and probationary drivers can’t use their mobile phones at all while driving (including SMS and hands-free)
• all drivers under 26 and all probationary drivers will have to have their vehicles fitted with alcohol interlock devices if they want to get another licence after their licence has been cancelled for a drink driving offence
• there are new restrictions on driving high-powered vehicles for probationary  drivers
• it will take longer to progress to the next stage of licence if you have a bad driving record.

See the Graduated licensing system website (link below) for more details about the graduated licensing system.

Hoon driving

The police can immobilise or confiscate a vehicle for up to 30 days if they reasonably believe that the vehicle was used in an unlawful way, such as:

• burnouts
• doughnuts
• deliberately skidding or spinning
• giving off excessive noise or smoke
• going through a railway or tram crossing in an unsafe manner when the train or tram is about to cross
• being a part of a ‘speed trial ‘ or ‘drag race’ – for example, racing cars on a public road or in a public space
• keeping on driving while your licence is disqualified
• driving 45 kilometres or more above the posted limit or driving at 145 km/h
• careless or dangerous driving
• driving with too many passengers in the vehicle (more passengers than there are seats and seat belts).

If you have been caught for the second time or more these offences are also treated as hoon driving:

• driving while disqualified 
• driving without a valid licence (if driver has never been licensed) 
• drug driving
• drink driving if the blood alcohol content is 0.10 or more.

The police can immobilise or confiscate a vehicle for up to 30 days if they reasonably believe the vehicle was used in an unlawful way.

If the vehicle is impounded, before it is released the owner:

• will have to pay for any extra costs for it being stored
• may have to pass a roadworthy test.

The court may be able to order that your car, or the car you were driving at the time, is:

• wheel-clamped
• stored in a secure lock-up for a set amount of time.

If you are found guilty of a hoon driving offence for the second time or more, the car you were driving can be taken away permanently, even if you are not the owner.

More information

Drink and drug driving (general information)

Fines (general information)

Legal help for young people

Novice drivers (general information)

Am I old enough?

Fines: your options for dealing with fines

Road to court

Graduated licensing system – helping young drivers be safe drivers

VicRoads – licenses

VicRoads – approved motorcycles for novice riders

How we can help

Call VLA’s Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.

Who else can help?

Youthlaw is a community legal centre for young people up to the age of 25. Youthlaw can help with:

• confidential legal advice, information and casework services
• information about your legal rights and responsibilities.

See the Youthlaw website, call them on (03) 9611 2412 or email info@youthlaw.asn.au.