There are a small number of situations where you do not have the right to silence and that includes advising who was the driver of a motor vehicle if requested by Police. Where you are the registered owner of a vehicle, the Court of Appeal have determined that there is no right to silence when Police issue a section 60 demand as to who had control of your motor vehicle on a particular time and date.

An accused should consider the following:

• Did you receive a valid request for information?
• Did you make reasonable enquires as required?
• Did you provide information honestly and reasonably, even if incorrect?
• If pleading guilty, are there any mitigating circumstances to minimise your sentence.

Unfortunately, while there is a legal concept known as the postal rule which provides that as long as something has been posted it is deemed to have been delivered, the Road Safety Act 1986 at s 60(6) allows the Police to post out a letter requesting information to you however if that letter is returned undelivered to Police, they can deem that request has been adequately served on the person. This is a technicality which should be closely assessed.

Elements of the Offence

S 60 of the Road Safety Act 1986 provides the offence elements, being

1. The accused was requested by Police to provide information that may lead to the identification of the driver of a vehicle, or requested to make reasonable enquiries as to the driver, and
2. The accused failed to do so

Penalties

If the accused is found guilty of the offence, and

1. The request is made by a member of Police in relation to an accident resulting in death or serious injury, the penalty is a fine of not more than 20 penalty units or imprisonment for 4 months.
2. The request is made in any other case, a penalty of not more than 20 penalty units or imprisonment for 2 months.

Upon a finding of guilt for this offence, the legislation states that the Court may cancel all driver licences and permits held and disqualify them from obtaining a license or permit for a period of time that the Court sees fit.

Prior to March 2022, upon a finding of guilty, the Court was mandated to cancel all driver licences and permits held by the person and disqualify them from obtaining a new licence or permit for a minimum two years for a first offence and four years for a subsequent offence. (Transport Legislation Miscellaneous Amendments Act 2021 (Vic) s 56)

The legislation now provides that the Court has a discretion as to whether to cancel any driver licences upon a finding of guilt. For this reason, it is important to discuss this charge with one of our criminal lawyers to ensure the Court do not exercise their discretion to interfere with your licence.