VIC suspended license

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
27 November 2020
4
0
1
Hi all
looking for some info here.
My father was pulled over randomly in October 2020 and was told his license was suspended due to medical review.
Apparently Vic roads sent a letter to him in feb 2019. he never received it and it basically said he needed to get a medical clearance to drive otherwise his license would be suspended. (i rang up a few days ago and got a copy of the letter)
As my father did not receive this letter... or a reminder.. or a cancellation of license letter.... or asked to hand in his drivers license.. he kept on driving.
he has now been issued with a magistrates date to go to court...
my question is:
Changes to Road Safety Act 1986 Deemed Service of notices VicRoads notices are deemed ‘served’ seven days after they were sent, even if the notices are returned undelivered.
this change was made in october 2019.
My fathers letter that they are saying was sent in Feb 2019... so can i fight it that it was not received.
 
27 November 2020
4
0
1
also, he has since been cleared medically and has his license reinstated.
My issue is only with the "so called letter" they sent which is now resulting in a court appearance.
 

Atticus

Well-Known Member
6 February 2019
1,535
218
2,394
he has since been cleared medically and has his license reinstated.
My issue is only with the "so called letter" they sent which is now resulting in a court appearance.
Being a strict liability offense, you could argue that an honest & reasonable mistake had occurred.... That probably wouldn't be accepted though if they accept the letter was deemed served.. If service was still deemed to have been carried out even prior to the October 2019 changes to the act, then all he can do is seek leniency... If there are no prior infringements that will help.

May not be the case here, but my own elderly father went into a form of denial when he received a similar notice many years ago... It may be possible your dad got the letter & just chose to ignore rather than face it..
 
27 November 2020
4
0
1
Being a strict liability offense, you could argue that an honest & reasonable mistake had occurred.... That probably wouldn't be accepted though if they accept the letter was deemed served.. If service was still deemed to have been carried out even prior to the October 2019 changes to the act, then all he can do is seek leniency... If there are no prior infringements that will help.

May not be the case here, but my own elderly father went into a form of denial when he received a similar notice many years ago... It may be possible your dad got the letter & just chose to ignore rather than face it..
Thanks very much for the above. Can they still deem the letter served even though the act wasn’t hanged until October? And what about a formal letter to say his license was canceled and he needs to hand it in?
he has no prior infringements and the medical illness that was reported that he had was incorrect and has been dismissed.
 

Atticus

Well-Known Member
6 February 2019
1,535
218
2,394
Can they still deem the letter served even though the act wasn’t hanged until October?
Don't know ... I suspect so though.
And what about a formal letter to say his license was canceled and he needs to hand it in?
Not sure of Vic roads procedure, but again (not to push the point) can you be certain your dad didn't receive such a letter
the medical illness that was reported that he had was incorrect
Was it a Dr that lodged the report? If so I would have though the Dr would have informed him of at least the possibility of a suspension.
 
27 November 2020
4
0
1
Don't know ... I suspect so though.

Not sure of Vic roads procedure, but again (not to push the point) can you be certain your dad didn't receive such a letter

Was it a Dr that lodged the report? If so I would have though the Dr would have informed him of at least the possibility of a suspension.
Yes 100% didn’t receive it. A previous letter reads he will be contacted in 2019. He was waiting for it.
need to know if Vic roads issue a letter when license is suspended.
Also if the change in the Act deems the letter served as the letter is dated February 2019
 

sammy01

Well-Known Member
27 September 2015
4,522
654
2,894
plead clemency - If dad has a very good driving record he might avoid a suspension for driving unlicenced.
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
284
44
719
Victoria
lawtap.com
He can argue that he was unaware but acceptance of this will depend on factors surrounding medical issues and why letter not received. Definitely worth pursuing.
 
  • Like
Reactions: megankellyanne