Dennis Newby’s son Reece received the fine at 10.50 pm on September 4 after he was pulled over by police while driving alone along Wyndham St in Shepparton.
While Dennis said his son told police he was just going for a drive, something which the Department of Health and Human Services state you can do in regional Victoria during stage three COVID-19 restrictions, he was issued the infringement by police for failing to comply with the stay at home directions.
“Reece did a couple of laps and went down Wyndham St down past the lake a couple of times, apparently the officer was following him and pulled him up and asked why was he out driving. He said he was just out for a drive and the officer booked him,” Dennis said.
“He has done the right thing only going for a drive, he didn’t get out of the car . . . when we go on the DHHS website under travel restrictions it does say you can go for (a) drive.”
The infringement states it was issued to Reece for "driving laps" along Wyndham St for "no other purpose".
Police cited a "refusal or failure to comply with a direction given to or a requirement made of a person" under Section 199 as the alleged offence committed.
The DHHS website states people within regional Victoria can get out of the house and go for a drive as long as they do not leave their vehicle for any purpose except the four reasons - shopping for necessities, caregiving, exercise and work.
A Victoria Police spokesperson told The News they were unable to comment on specific warnings or fines issued in relation to the CHO directions.
They said police continued to assess penalty notices issued for breach of the CHO directions to ensure they were appropriately issued.
A DHHS spokesperson confirmed regional Victoria was not under a curfew and therefore residents could leave their homes for a drive.
They said Victoria Police were independently enforcing Victoria's COVID-19 restrictions imposed by the DHHS.
“Anyone who receives a penalty notice may request a review by Fines Victoria,” a spokesperson said.
Dennis said he and his wife contacted Fines Victoria shortly after Reece received the fine, however were told it could take up to 10 days for the fine to appear on their system.
The family confirmed they would dispute the fine as they believed it was unfairly issued.
By sharing their story Dennis said he hoped other people would be aware of what could happen.
“Reece has been wrongly fined for doing nothing . . . he was really disappointed in the law,” he said.
“He didn't get out of the car, he was just going for a drive, and he's not the only one who would be doing it.”
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