Navigating Mandatory Licence Loss in Victoria: A Guide from Melbourne Traffic Lawyers

For many Victorians, a driver’s licence is not a luxury—it is a fundamental necessity for maintaining employment, managing family commitments, and participating in daily life. However, the Road Safety Act 1986 (Vic) contains various provisions that trigger the mandatory cancellation and disqualification of your licence, often leaving drivers with no "hardship" or "work licence" options.

At Rebecca Burdon Legal & Consulting, our traffic lawyers in Melbourne specialise in helping clients navigate these rigid legal frameworks to achieve the best possible outcomes in a system where the stakes are incredibly high.

The Reality of Mandatory Sentencing in Traffic Law

Unlike many other areas of criminal law, Victorian traffic law frequently removes a Magistrate's discretion. If you are found guilty of certain offences, the court is legally required to cancel your licence for a minimum specified period.

Common offences that carry mandatory licence loss include:

• Drink driving: Any reading of 0.05 BAC or higher for all licence holders, and in some cases 0.00 BAC for provisional licensed drivers, will result in an automatic minimum disqualification period.

• Drug driving: The mere presence of a prohibited drug (such as THC or MDMA) in your system while driving triggers a mandatory minimum licence loss of 6 months for a first offence.

• Excessive speeding: Driving at 25km/h or more over the speed limit (or 130km/h in a 110km/h zone) results in an automatic suspension for at least 3 months.

• Dangerous driving: More serious charges involving conduct that endangers the public carry significant mandatory minimums.

Recent Legislative Updates: The "40km/h Rule" Expansion

As of July 1, 2025, Victoria implemented a significant expansion to Road Rule 79A. Previously, motorists were only required to slow to 40km/h when passing stationary emergency vehicles with flashing lights.

This rule now includes:

• Accident towing vehicles: Any tow truck attending a scene with flashing lights.

• Breakdown and roadside assistance: Vehicles such as RACV or incident response service vehicles.

• Maintenance vehicles: All incident response services displaying flashing blue, red, magenta, or yellow lights.

Failure to comply with this rule can lead to significant fines and, in some circumstances, may contribute to charges of "careless driving" if an accident occurs as a result.

Why There is No "Work Licence" in Victoria

A common misconception among Melbourne drivers is the existence of a "work licence" or "extraordinary licence" that allows for driving during work hours while otherwise disqualified.

Victoria does not have a hardship or work licence scheme.

Once a Magistrate orders a disqualification, you are strictly prohibited from driving any motor vehicle on public roads for the duration of that period. Driving while disqualified is an extremely serious offence that can lead to vehicle impoundment and even imprisonment for repeat offenders. This makes the role of expert traffic lawyers in Melbourne even more critical; often, the only way to save a licence is to successfully defend the charge or negotiate the charge down to one that does not carry a mandatory minimum.

Strategic Defences and Mitigation

Just because you have been charged does not mean a licence loss is inevitable. Our traffic lawyers meticulously review every brief of evidence to identify procedural or technical flaws in the prosecution's case.

Technical defences

In drink and drug driving matters, we examine the strict timelines and procedures police must follow.

• The 3-hour rule: Police must generally conduct a breath or blood test within 3 hours of you driving.

• Calibration accuracy: We can investigate whether the breathalyser or drug testing equipment was properly calibrated and maintained.

• Procedural fairness: If the police failed to inform you of your rights or follow the correct testing sequence, the evidence may be inadmissible.

Diversion programs

For first-time offenders facing "summary" traffic offences (like careless driving without injury), we may apply for the Criminal Justice Diversion Program. If successful, you can avoid a criminal record.

Professional and Personal Preparation for Court

Attending the Melbourne Magistrates' Court, regional or other metropolitan court for a traffic matter can be a daunting experience. Preparation is the key to achieving a lenient outcome even when a mandatory minimum applies.

• Character references: Providing the court with professional and personal references that speak to your character and the impact of licence loss.

• Educational courses: Completing a safe driving or drug/alcohol awareness program prior to your court date demonstrates rehabilitation and a proactive attitude.

• Impact statements: While a Magistrate cannot ignore a mandatory minimum, they can choose to stick to that minimum rather than imposing a longer discretionary period if we can clearly demonstrate the exceptional hardship the loss will cause.

Protect Your Right to Drive with Rebecca Burdon Legal & Consulting

The complexity of Victorian traffic law means that a single mistake on the road can have a decade-long impact on your career and freedom. Whether you are facing a first-time speeding fine or a complex drug driving charge, seeking advice from the best traffic lawyers in Melbourne is your strongest defence.

At Burdon Legal, we provide the strategic, robust representation required to navigate the Victorian justice system. Contact us today to schedule a confidential consultation and take the first step toward protecting your future on the road.