A charge under reg 55(1)(b) of the Road Safety (Drivers) Regulations 2009 (Vic) must specify that the motor vehicle was a vehicle 'other than a motor cycle', as this phrase is an element of the offence, not an exception within the meaning of cl 4 of sch 1 to the Criminal Procedure Act 2009 (Vic). The case illustrates the application of the Chugg v Pacific Dunlop framework for distinguishing elements from exceptions in the context of a provision that creates two separate offences with different definitional requirements.
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