We PETITION the – 

+             Premier of Victoria, The Hon. Jacinta Allan MP.

+             Attorney General, The Hon. Sonya Kilkenny MP.

+             Shadow Attorney General, The Hon. James Newbury MP.

 

To ACTION a current opportunity for VICTORIAN GOVERNMENT LAW REFORM to bridge the gap between:

a).          "Careless Driving"; and 

b).         "Dangerous Driving Causing Death",

                             WHEN the only available legal Charge is “Careless Driving”,

                                            BUT involves the DEATH of a person.

 

+             Member for Hastings, Paul Mercurio MP

To kindly SUPPORT this PETITION.

 

Please Read Carefully, as I try to explain:

THE LAW

Road Safety Act 1986 - Section 65 - 'Careless driving

(1)                A person who drives a motor vehicle on a highway carelessly is guilty of an offence and liable for a first offence to a penalty of not more than 12 penalty units and for a subsequent offence to a penalty of not more than 25 penalty units.

(2)                A person must not drive a vehicle, other than a motor vehicle, on a highway carelessly.                                                                                            Penalty:   For a first offence, 6 penalty units;                                                  For a subsequent offence, 12 penalty units.'

(Note: One (1) penalty unit is equivalent to $165.22. Maximum Fine Penalty a Magistrate can impose is a fine of $2,442.00.)

TWO ACTUAL DRIVERS CHARGED WITH “CARELESS DRIVING” 

Driver One pleaded Guilty to the Charge of “Careless Driving” – Penalty:

-          Fine of $2,000.00; and                                                                        -         Suspension of licence for 6 months (Magistrate’s discretion); and      -         Criminal record. 

Driver Two pleaded Guilty to the Charge of “Careless Driving” – Penalty:

-          Fine of $2,000.00; and                                                                        -          Suspension of licence for 24 months (Magistrate’s discretion); and    -          Ordered to complete a safe driving course; and                                -          Criminal record.

                     ***EACH OF THESE SCENARIOS INVOLVED THE DEATH OF A PERSON***

                  ??  HOW MANY OTHERS ARE THERE  ??

 

SHORT BRIEF TOWARDS VICTORIAN GOVERNMENT REVIEW TO LAW REFORM                               (please read carefully)

As of mid-July 2025, 172 lives have been lost on Victorian roads for 2025. This is a 11% increase on the same time in 2024 (155 lives). 34 of these lives lost to mid- July 2025 were pedestrians , with 25 being pedestrians, this time last year.

There is clearly a need for law reform, education, and safety efforts to reduce the road toll itself, although there is also a clear gap in the legal charges available, and sentencing (penalties), options available, when at-fault drivers are charged and held criminally responsible for the deaths of road users.

An example of this in law is the gap between:

1.      “Careless Driving” – section 65 Road Safety Act 1986 (Vic); and

2.      “Dangerous Driving Causing Death” – section 319 Crimes Act 1958 (Vic).

“Dangerous Driving Causing Death” is a Category 2 offence, meaning that a prison sentence must be imposed unless exceptional circumstances exist.

-          “Dangerous Driving Causing Death”, maximum penalty 10 years prison.

By stark contrast “Careless Driving”, maximum Penalty is just 6 penalty unit fine for a first offence, and 12 penalty units for a subsequent offence, with no mandatory driver licence penalty.  

Currently, if death is caused by a motor vehicle accident that isn’t under the umbrella of “Culpable Driving” and the act of the driver does not meet the test for dangerousness, under the Crimes Act, the only alternative available is “Careless Driving”, under the Road Safety Act - a minor, summary offence.

Here lies a huge gap in the Charge and Penalty available to a Magistrate when death is caused by a motor vehicle incident and the act of the offending driver is not ‘dangerous’, by definition.

This means that an offending driver, where death is caused, as a result of the collision, would therefore be liable to only payment of a Fine if their act was not ‘dangerous’.

Payment of a Fine is manifestly inadequate when a person is held criminally responsible for the death of another person.

An opportunity to fill the gap between these two (2) Charges could be either:

1.      Introduction of a new Charge, such as “Careless Driving Causing Death”, that more accurately reflects the harm caused; and recognises the death of the victim by way of a ‘causing death’ element, with an appropriate Penalty; OR

2.      Increasing the maximum Penalty existing for the “Careless Driving” Charge under Section 65, to enable Magistrates to more appropriately sentence offending drivers for the harm caused.

 

IF YOU BELIEVE THAT THE:

1.      Scenarios and BRIEF above highlight the inadequacies in the Victorian Road Safety Laws governing “Careless Driving”, and that there is an absence of an appropriate Charge & Penalty for the type of driving that occurred in these cases, causing Death; and

2.      Victorian Government needs to Review the:

a).          laws governing “Careless Driving”; and 

b).          licencing laws and how to properly assess and govern the provision of licences to people.

 

                   ####     THEN PLEASE SUPPORT THIS PETITION BY SIGNING AND PASS ONTO AS MANY PEOPLE AS YOU CAN     ####

Be aware: This is a Victorian Law reform issue but if a fatality were to happen to an interstate pedestian or road user, the the law of ofthe State of Vistoria would prevail.