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Melbourne Speeding fines lawyer, expert in speeding laws and legal advice on fighting speeding fines.

International and Interstate Drivers
in Victoria

 


Interstate Driver Licences

A person who holds a drivers licence issued in another Australian State or Territory, or in New Zealand, is eligible to drive in Victoria provided they have not been resident in Victoria for more than 3 months. If the person has been a resident in Victoria for more than 3 continuous months, the person is no longer eligible to use the interstate licence in Victoria. The person will need to obtain a Victorian licence if they wish to remain resident in Victoria.

The holder of an interstate licence can not have their licence cancelled or suspended by a Victorian Court, or Victorian police or VicRoads. Your eligibility to drive in Victoria can be cancelled, but not your licence.

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International or Foreign Driver Licences

A person who holds a current drivers licence issued in another country other than New Zealand, is eligible to drive in Victoria provided:
  • they have not been resident in Victoria for more than 6 months, and
  • they do not hold a visa that entitles them to permanent residency,
  • they are not an Australian Citizen,
  • the licence is written in English or is accompanied by an authorised translation.
If the person has been a resident in Victoria for more than 6 continuous months, the person is no longer eligible to use the foreign licence in Victoria. The person will need to obtain a Victorian licence if they wish to remain resident in Victoria.

The holder of an overseas licence can not have their licence cancelled or suspended by a Victorian Court, or Victorian police or VicRoads. Your eligibility to drive in Victoria can be cancelled, but not your licence.


Drink Driving licence loss offences in Victoria

This paragraph applies to anyone who holds a drivers licence issued outside of Victoria and who commits a licence loss drink driving offence in Victoria.

If you received an infringement notice and do not object to the notice to take the case to court, then you will be disqualified from driving a motor vehicle in Victoria 28 days after the date of the infringement notice.  This means you can not drive any motor vehicle in Victoria until the end of your disqualification period.

If you are found guilty of a drink driving offence by a court it is very likely the court will disqualify you from obtaining any Victorian drivers licence for a period of time being at least 6 months. This means you can not drive any motor vehicle in Victoria during the period that you are disqualified from obtaining a drivers licence.

A drivers licence issued outside of Victoria can not be cancelled or suspended by a Victorian court or by an infringement notice, so your drivers licence will remain valid for use everywhere other than in Victoria. It is possible that a licence issued in another Australian State will be cancelled by that state as a result of you becoming disqualified in Victoria. If so, the cancellation of your licence will last for so long as you are disqualified in Victoria.

It is not possible for the police to suspend your foreign or interstate drivers licence by serving on you a notice of immediate licence suspension under s.51 Road Safety Act. If you receive such a notice you should seek prompt legal advice.

At the end of your disqualification period you will be immediately entitled to drive a motor vehicle in Victoria assuming you are still eligible to drive here as the holder of a foreign or interstate driver licence. If you cease being eligible to drive under your foreign or interstate licence you will need to apply for a Victorian licence. To do that you will need to attend a Magistrates court to seek permission to be licenced in Victoria. VicRoads will not issue a Victorian licence unless you get a licence restoration order.


Speeding licence loss offences

This paragraph applies to anyone who holds a drivers licence issued outside of Victoria and who commits a licence loss speeding offence in Victoria.

If you received an infringement notice and do not object to the notice to take the case to court, then you will be disqualified from driving a motor vehicle in Victoria 28 days after the date of the infringement notice.  This means you can not drive any motor vehicle in Victoria until the end of your disqualification period. The disqualification period is written on the notice.

If you are found guilty of an excessive speeding offence by a court it is very likely the court will cancel or suspend all Victorian licences you hold, which will have the effect of making you disqualified from applying for a Victorian drivers licence.  This means you can not drive any motor vehicle in Victoria during the period that you are disqualified from obtaining a Victorian drivers licence. If you drive in Victoria during that period you risk being charged with driving whilst disqualified. 

Your foreign or interstate licence is not affected by the court order or the infringement notice so it will remain valid for use everywhere other than in Victoria. It is possible that a licence issued in another Australian State will be cancelled by that state as a result of you becoming disqualified in Victoria. If so, the cancellation of your licence will last for so long as you are disqualified in Victoria. If your licence is cancelled you can not drive anywhere.


Dangerous Driving offences

This paragraph applies to anyone who holds a drivers licence issued outside of Victoria and who commits a dangerous driving offence in Victoria.

If you are found guilty of a dangerous driving offence in Victoria the court will cancel all Victorian licences you hold and disqualify you from applying for a Victorian drivers licence for a period of at least 6 months and in some cases 12 months.  This means you can not drive any motor vehicle in Victoria during the period that you are disqualified from applying for a Victorian drivers licence. If you drive in Victoria during that period you risk being charged with driving whilst disqualified. 

Your foreign or interstate driver licence is not affected by the court order so it will remain valid for use everywhere other than in Victoria. Any licence disqualification is usually recorded on NEVDIS (National Exchange of Vehicle and Driver Information System), which means your  driver licence might be cancelled or suspended in your home state as a result of you becoming disqualified in Victoria. If so, the cancellation or suspension of your licence will last for so long as you are disqualified in Victoria. 

At the end of your disqualification period you are immediately entitled to resume driving in Victoria provided you hold an eligible licence.


Outstanding fines and warrants

A person who has a large number of warrants issued for non-payment of outstanding fines is at risk of having their Victorian drivers licence suspended. The sheriff has no power to apply for suspension of an interstate or foreign drivers licence.

There are no travel restrictions placed on people who have outstanding fines or warrants, so you are free to enter or leave Victoria or Australia. The Department of Immigration does not know or care if any warrants have been issued against you. If you are still worried about being held up at immigration because of outstanding fines, then please pay them before you board your flight to Australia, or before you depart the country and do not write to me asking me what you should do.

If you have real or personal property in Victoria it could be seized by the sheriff under a warrant to seize property.

If you have a car registered in and located in Victoria it could be seized, clamped, sold or deregistered.

If you remain in Victoria you could be arrested and bailed to attend court. If that happens you will still be free to enter and leave Victoria provided you comply with your bail conditions.

Unfortunately, the sheriff will not apply for extradition to have you arrested and brought to Victoria to pay outstanding fines.


Swapping your Licence into or out of Victoria

The holder of a foreign licence can apply for a Victorian licence by taking their licence to VicRoads. Depending on what country issued the licence VicRoads will swap the licence for a Victorian licence, and may also require you to undergo additional tests if VicRoads is not satisfied that you hold satisfactory driving skills.

If you swap your interstate licence for a Victorian licence, you will be issued a licence of the same type and as far as practical with the same conditions. You will not have to pay any additional fee.

Some licence conditions, such as interlock conditions, do no exist in every state. If you take a Victorian licence which has an interlock condition to a state which does not have interlocks, you might be given a licence without any interlock condition, or you might be refused a licence.

demerit


Demerit Points

The holder of a foreign or interstate licence can incur demerit points even though they do not hold a Victorian licence. If hold a licence issued in another country VicRoads can disqualify you from diving in Victoria if you exceed your points limit. See the demerit points page for more information. If you hold a licence issued in another Australian state or territory VicRoads will report your offences to your local authority and they are likely to record demerit points against you.

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Victorian Licence Holders driving interstate

If you hold a Victorian licence and commit a licence loss offence in another state you may be disqualified from driving in that state. Your Victorian licence can not be suspended or cancelled by another state. It is also possible that VicRoads will be informed of your disqualification status in that state, in which case VicRoads may cancel or suspend your Victorian licence during the period that you are disqualified in another jurisdiction. The best way to find out if VicRoads is going to suspend your Victorian licnece is to check your mail box and see if a suspension letter arrives. If it does arrive, it is usually too late to do anything to undo the suspension. So you either fight the offence interstate or hope VicRoads does not suspend your licence.



Related Pages:

Speeding Offences
Infringement Notices
Getting Legal Advice

VicRoads Webpage

 

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