My apologies Morjo, my computer crashed and the following part of my post didn’t make it:

So far a Victoria is concerned, legislation does require you to carry
your driver’s licence whilst in charge of a motor vehicle. However, the traffic Police aren’t primarily interested in people who have an honest and reasonable explanation for losing or mislaying their driving licence. So far as licence checking is concerned, their primary interest is in people who drive whilst disqualified,

If you are stopped,  explain the situation [suggest you have a replacement in train – see link below] to the Officer. He/she will check your details via the in-vehicle computer in their car, or via the radio with their base if it’s a bike. If the details check out you may be asked to present your replacement licence at a Police Station within 7 days.
Or, if you are an honest looking character , they may just send you on you way  - other offences not withstanding, of course.

Hope that helps.

http://www.vicroads.vic.gov.au/vrne/vrne5nav.nsf/childdocs/-EF561E873D054989CA256FD300241C10-C85E91CD89138E88CA256FD300241C16-1352CEFD6305257BCA256FE100428806?open

Sorry Morjo, best you cancel the "lost" licence and IMMEDIATELY apply for a new one. I am sure that you are aware of "IDENTITY" fraud!!

Play it safe and Do The Right Thing.

Cheers.

Quote: And if not do you just get a fine or lose demerit points?

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Thanks

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As I mentioned earlier in the thread, you are required to carry your licence when in charge of a motor vehicle. It would be interesting to see what the repercussions were if it were tested in Court as some suggest there could be Constitutional issues at play here.

So far as requiring you to present your licence at a Police Station within 7 days is concerned, that is a discretionary issue as I understand it. It didn't apply when I was stopped not so long ago by a motorcycle Policeman and didn't have my licence with me. My explanation was accepted. He checked by radio with base and all was hunk-dory and, so far as not carrying my licence was concerned, nothing eventuated. Still got fined for the traffic offence though.

Of course, if he/she didn't regard your explanation as reasonable, you could be subject to a fine. Maybe then someone will test it in a Court to see if the Constitutional argument stands up. Wouldn't hold my breath though.

BTW. Here's the link to fines and demerit points. Failure to produce a licence if requested within 7 days currently incurs a $54 fine and 0.5 penalty units. Just get in renewed pronto, Morjo. Save you a lot of hassles.

http://www.vicroads.vic.gov.au/vrpdf/regservices/indexedfinesandpenalties06.pdf

For the record:

The Road Safety Act states:

under section 59. “General duty of driver or person in charge of motor Vehicle” of the Act.

1 (a) “The driver or person in charge of a motor vehicle on a highway has the following duties—

(a) to stop the motor vehicle, produce for inspection his or her driver licence document or permit document and state his or her name and address if requested or signalled to do so by…”

Then under 2(a) “if the offence consists of failing to obey any lawful direction given by a member of the police force or failing to produce for inspection his or her driver licence document or permit document, to a penalty of not more than 5 penalty units;”

Note that the Act does state that the licence has to be produced for inspection immediately, only that it has to be produced for inspection.

The Road Safety (General) Regulations 1999 in Schedule 4, Traffic Infringements lists under Code 2108:

Fail to produce licence, learner permit or other document on request or within 7 days.

Note the use of "or". All of the above said, simpler if you loose it, to get another one, but you should know your rights. 

Actually Slattery you cannot be arrested for failing to produce ID. There is no requirement in this country to carry ID, and you cannot be arrested, or apprehended, without reasonable grounds such as committing an offence.

Anyone who asks you for your name must firstly identify themselves, and if you request, write this information down and give it to you. It is an offence under the Crimes Act for a policeman not to give you their details.

We have inherent rights and freedoms, you should be aware of them.

ARREST

Crimes Act 1914  Act No. 12 of 1914 as amended

Division 4—Arrest and related matters  3V  Requirement to furnish name etc.

“If a constable believes on reasonable grounds that a person whose  name or address is, or whose name and address are, unknown to the constable may be able to assist the constable in inquiries in  relation to an indictable offence that the constable has reason to  believe has been or may have been committed, the constable may request the person to provide his or her name or address, or name  and address, to the constable.”

“(3)  If a constable who makes a request of a person under subsection (1) is requested by the person to provide to the person:   

(a)  his or her name or the address of his or her place of duty; or  

(b)  his or her name and that address; or   

(c)  if he or she is not in uniform and it is practicable for the  constable to provide the evidence—evidence that he or she is  a constable;

the constable must not:   

(d)  refuse or fail to comply with the request; or   

(e)  give a name or address that is false in a material particular.  Penalty:  5 penalty units.”

3W  Power of arrest without warrant by constables

“(1)  A constable may, without warrant, arrest a person for an offence if  the constable believes on reasonable grounds that:    (a)  the person has committed or is committing the offence”

3ZD  Persons to be informed of grounds of arrest

“(1)  A person who arrests another person for an offence must inform the other person, at the time of the arrest, of the offence for which  the other person is being arrested.”

Victorian Crimes Act 1958

The reasons that an arrest can be made are given under the Victorian Crimes Act as;

(a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely—

(i) to ensure the appearance of the offender before a court of competent jurisdiction;

(ii) to preserve public order;

(iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or

(iv) for the safety or welfare of members of the public or of the offender;

(b) when instructed so to do by any member of the police force having power under this Act to apprehend that person; or

(c) he believes on reasonable grounds is escaping from legal custody or aiding or abetting another person to escape from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case.

If you have committed an offence then the police are entirely in there rights to arrest you until your identity can be established. This comes in to play for example when a bike rider fails to stop at a red light. Lots of these guys don’t carry there licenses or other positive ID and currently they don’t have to. This means the police have try and establish there ID in order to charge them with the offence. That could involve taking them back to the station and holding them till someone they know comes in to validate there identity. That’s also why the cops have tended to not act on bike riders who flout the law where as motor bike or car drivers are easy game.

Re the need to produce ID I can’t be sure but I can remember something about the police being given the right to ask a persons name and address at any time in Victoria. That was done to help stop some of the gang and anti social problems in Melbourne / Southbank. I could be entirely wrong about that but something like that was debated on radio at the time.