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My ultra high powered vehicle (U) class licence

Offences relating to ultra high powered vehicles (UHPVs)

On 1 January 2024, new driving laws came into effect preventing drivers of ultra high powered
vehicles (UHPVs) from disabling an automated intervention system.

The maximum penalty for this offence (section 44C of the Road Traffic Act 1961) is $5,000.

An automated intervention system is any system that identifies a hazardous condition and
responds by overriding the driver’s control of the vehicle. Examples of automated intervention systems include:

  • anti-lock braking
  • automated emergency braking
  • electronic stability control
  • traction control.

Drivers should be aware of the safety systems in their vehicles and how these interact with the vehicle’s drive modes.

If you are involved in a crash while driving an UHPV and you have disabled any of your vehicle’s automatic intervention systems, you may be charged with the offence of causing death or serious harm by careless use of a vehicle.

Two defences apply to this offence.

  1. If the person:
    • did not cause or contribute to disabling the automated intervention system; and
    • did not know or could not reasonably be expected to have known it was disabled; and
    • could not reasonably be expected to have sought to ascertain whether it was disabled.
  1. Where it was impracticable for the person to drive with the automated intervention system enabled. This may occur where certain driving conditions necessitate the disabling of an automated intervention system.

Note that the offence of driving a UHPV without holding a U class licence is a long standing provision in the Motor Vehicles Act and did not commence on 1 January 2024.

For a first offence, the maximum penalty for driving a UHPV without holding a U class licence is $2,500 and the penalty for subsequent offences is one year imprisonment.

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