lose license in another country, currently visiting victoria

c
Posts: 9
Joined: Tue Jan 08, 2008 5:22 pm

lose license in another country, currently visiting victoria

Postby c » Thu Sep 04, 2008 7:36 pm

Hi Sean,

My friend has lost his foreign country driving license which is in English.
He is visiting Victoria and is not a permanent resident or citizen of
Australia.
His license from his home country is valid without blemish.
Can he still drive in Victoria without being in possession of a license?

I guess the parts where I am confused are:
in s 18(2) of the RSA, if the person has held a valid license,
why does :" person is liable to a penalty not exceeding
10 penalty units or to imprisonment for not
more than one month."
what does this mean?

secondly in
s 84(1), " certifying as to any matter which appears
in or can be calculated from the records kept by
the Corporation or the Department of Infrastructure
or a delegate of the Corporation or the Department
of Infrastructure is admissible in evidence in any
proceedings and, in the absence of evidence to
the contrary, is proof of the matters stated in the certificate."
, can this be applied to evidence of license
provided by a issuing authority from another country?

Thanks!

Regards,
C

Hardy
Site Admin
Posts: 8485
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Postby Hardy » Thu Sep 04, 2008 7:45 pm

If he lost his licence because he left it at a bar in King Street, then I don't see any problem. He just needs to apply to have his licence replaced.

If, however, his licence is suspended by his home country, then it is useless in Australia.

S.84 has nothing to do with it. This is not a vicroads issue. It is up to the defendant to prove that he has a licence from another country. Vicroads can say only that he has no vic licence.

S.18 says what the maximum penalty is if he drives in victoria without being licenced or exempt from holding a licence. 1 penalty unit is about $113. But the maximum penalty is not indicative of what the typical penalty is.

c
Posts: 9
Joined: Tue Jan 08, 2008 5:22 pm

Postby c » Fri Sep 05, 2008 12:56 am

Thanks Sean,

so its alright then.

Yup, he lost his license in a situation analogous to the bar
in king street scenario, his overseas licence has never been
suspended or disqualified.

Thanks for summarising s 18.

On a closer reading, I know what it means now.

Thanks

Cheers,
C


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