Driving in a Manner Which is Dangerous to the Public

In Victoria, driving in a manner which is dangerous to the public carries a maximum penalty of 2 years’ imprisonment or a fine of 240 penalty units. If the vehicle was driven at a speed of 45 kilometres per hour or more in excess of the speed limit, the court must also disqualify the driver for a minimum period of 12 months. If the vehicle was not driven at a speed of 45 kilometres per hour or more in excess of the speed limit, the court must disqualify the driver for a minimum period of 6 months.

The offence of dangerous driving in a manner which is dangerous to the public is contained in section 64 of the Road Safety Act 1986 which states: “A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.”

What Constitutes A Motor Vehicle?

A motor vehicle is a vehicle that is used, or intended to be used, on a highway, and that is built to be propelled by a motor that forms part of the vehicle. It does not include, amongst other things, trains, trams and motorised wheelchairs used solely for the conveyance of an injured or disabled person.

A motorcycle, car, truck or bus would be considered a motor vehicle.

What Actions Might Constitute this offence?

The following actions can give rise to a charge of this offence.

• driving on a freeway with a speed limit of 110 km/h in a black car with your headlights turned off;
• driving through a give way sign while using a mobile phone;
• driving on a poorly lit road, during torrential rain, with a poorly maintained vehicle and causing a collision.

What The Police Must Prove

To find a person guilty of dangerous driving in a manner which is dangerous to the public, the prosecution must prove each of the following elements beyond a reasonable doubt:

• the person was driving a motor vehicle on a public road or in any area used for driving;
• they were driving in a manner dangerous to the public, having regard to all the circumstances of the case.

Which Court Will Hear Your Matter?

Dangerous driving in a manner which is dangerous to the public is a summary offence and will be heard in the Magistrates’ Court of Victoria.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.