65AImproper use of motor vehicle

65A Improper use of motor vehicle (1) A person must not drive a motor vehicle in a manner which causes the motor vehicle to undergo loss of traction by one or more of the motor vehicle's wheels. (2) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that he or she had not intentionally caused the alleged loss of traction. S. 65A(2A) inserted by No. 32/2011 s. 9(1). (2A) Subsection (1) does not apply to a person who drives a motor vehicle in the manner described in subsection (1) on land other than a highway in the course of— (a) an event or function that— (i) is conducted at a motor sport venue; and (ii) is authorised by the operator of the venue; or (b) an event or function that— (i) is organised, conducted or sanctioned by a motoring organisation; and (ii) is conducted in accordance with the rules of conduct of the motoring organisation; or (c) driver training that— (i) is supervised by a person for financial gain or in the course of any trade or business; and (ii) is conducted at a venue designed, or primarily used, for driver training or at a motor sport venue; or (d) vehicle testing by, or authorised by, a manufacturer of vehicles or vehicle components; or (e) training activities of Victoria Police. S. 65A(2B) inserted by No. 32/2011 s. 9(1). (2B) In subsection (2A)— ***motor sport venue*** means a permanent venue for motor sports that— (a) has a permanent track; and (b) is used for 2 or more motor sport events or functions each year; and (c) is on land the use of which for motor sports and any development associated with that use is lawful. 1 Calder Park Raceway. 2 Sandown Motor Raceway. 3 Winton Motor Raceway. S. 65A(2C) inserted by No. 32/2011 s. 9(1). (2C) Subsection (2A) does not affect any requirement made by or under any other Act. S. 65A(3) inserted by No. 28/2009 s. 20. (3) The Minister may, by notice published in the Government Gazette, declare that the provisions of subsections (1) and (2) and of any regulations (except as specified in the declaration) do not apply to persons— (a) while the persons are participating in a function or event, or a type of function or event, specified in the declaration and conducted on land specified in the declaration; or S. 65A(3)(b) amended by No. 32/2011 s. 9(2)(a). (b) while the persons are participating in an event or function at a motor sport venue specified in the declaration; or S. 65A(3)(c) inserted by No. 32/2011 s. 9(2)(b). (c) while the persons are participating in an activity, event or function, or a class of activities, events or functions, specified in the declaration. S. 65A(4) inserted by No. 28/2009 s. 20. (4) A declaration under subsection (3)(a) may be made on the application of the owner or occupier of the land on which the function or event is to be conducted. S. 65A(5) inserted by No. 28/2009 s. 20. (5) Subsection (1) does not apply to a person while the person is participating in— (a) a race or speed trial specified in a notice published under section 68(3); or S. 65A(5)(b) amended by No. 32/2011 s. 9(3). (b) a function or event sanctioned, or organised and conducted, by a motoring organisation the subject of a notice published under section 68(4). S. 65B inserted by No. 28/2009 s. 21, amended by Nos 75/2012 s. 3(1), 68/2017 s. 81(2).