Welcome to XPCA Guide. This is a tool to assist you in choosing the most appropriate disposition for XPCA offences.
Please read the
Usage Disclaimer before continuing.
Please be advised for reasons unknown the site loads quite slowly on some VicPol devices. For a better experience it is recommended that you use your personal device.
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Offence Text |
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Cost |
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Cancelled & Disqualified |
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Statutory Reference |
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Specified Due Date |
Q: What is a driving ban?
A: A driving ban is an immediate suspension or disqualifiaction of a driver's authority to drive due to the driver having committed certain offences. The purpose is to effect an immediate ban on the person driving, rather than waiting the standard 28 day period in the case of a ticket or until charges are finalised at court.
Q: Is the driving ban different to the infringement penalty?
A: YES. The driving ban and infringement penalty are different things. In the case of an infringement notice, the driving ban is issued and immediately suspends or disqualifies that person from driving. The driving ban exists to bridge the 28 day gap. Once the infringement takes effect after 28 days the driving ban no longer has any effect, the ticket penalty takes over. See below regarding BOE.
Q: Why is the ticket penalty 14 months but the driving ban says 12 months (or otherwise different)?
A: The maximum period for a driving ban issued in relation to a person getting issued an XPCA certificate is 12 months. Even if the actual ticket penalty is, say, 14 months. In the case of a ticket, the driving ban is only relevant for the 28 day period anyway.
Q: What if I'm doing a BOE not a PIN? Can I still issue a driving ban?
A: YES. You can issue a driving ban any time after a person is served their XPCA certificate (provided the ban is able to be issued). Follow the normal procedure. BUT- Once you have filed the charge sheet with the court, send a copy of the charges to VicRoads, the ban becomes indefinite until the matter is finalised at court.
Q: Suspended or Disqualified?
A: It depends on the licence type. If a person holds a current (including suspended) Victorian licence then we use the suspension function to suspend their licence. If a person does not hold a Victorian licence at all (or they have an expired or otherwise unlicensed Vic licence) then we serve a disqualification. We can't suspend a non-Victorian licence so we disqualify the person from driving / obtaining a licence.
Q: To ban or not to ban?
A: As usual, it depends. Similar to an impound, the driving ban is an enforcement tool available to mitigate a person's ability to continue to offend. Factors like level of intoxication, circumstances of driving, XPCA priors may weigh into your decision to issue a driving ban. Do you believe this person is an unacceptable risk to road safety?
Ultimately, any ban period served by a person is subtracted from the loss of licence period issued by the court or infringement notice.
Every effort has been made to offer the most correct and up to date information. It is incumbent upon you, the user, to verify with a supervisor and check against prescribed guides to ensure the action taken is accurate, lawful and the most appropriate outcome in the circumstances.
This tool does not apply to eScooters as a general rule.
Driving bans can not be issued to supervising drivers.
Driving ban periods provided apply only to XPCA offences, not combination offences.