VIC Licence Suspension - Missing Letter

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Undeliverable

Member
10 April 2021
2
0
1
Hi, in 2019 Vicroads sent me a letter saying I needed a medical check since I'd been diagnosed with epilepsy (but I've never had a seizure). I had the check, sent them back the form completed by the doctor, and then several weeks later got a letter saying all good, your licence is unaffected.
Yesterday I was pulled over by police and they said my licence was suspended since early 2020. I asked why and they said I didn't complete a medical check. I replied I had but after a little back and forth we realised Vicroads were talking about a letter they claim they sent in Jan, 2020 which I never received. I also never received any letter saying it was then suspended in Feb, 2020. Due to covid I've been through dozens of police checkpoints in the last 12 months, they all saw my licence and never said anything. Also no letters in 2021.
The police yesterday said to call vicroads, get a medical check submitted and if passed then the suspension should be removed in a few days. This sounds too good to be true, would this be the likely / correct course of events? Thanks.
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
301
45
719
Victoria
lawtap.com
You do need to satisfy the fresh medical test however the police will still charge you with driving whilst suspended. You may have a defense to this charge but wait until you receive paperwork.
 

Undeliverable

Member
10 April 2021
2
0
1
Thanks for your reply. The police said if I did have to go to court then say what I'd told them. From reading this forum letters seem to go missing too often. I'm guessing court will have to involve a solicitor as pretty much mandatory?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,030
723
2,894
Sydney
From reading this forum letters seem to go missing too often.
Not really.
But it is the common excuse trotted out when people fail in their duty to keep their details current with ViocRoads.