The decision to allow a 45-year-old man back on the road after he was charged over a fatal crash in Melbourne’s east has raised question’s over the state’s bail laws.

Zhou Lu (above) is disputing claims from witnesses that the light was red when he hit and killed 10-year-old Jack Power back in August.

Nick Papas QC, criminal barrister and former Chief Magistrate, told Heidi Murphy because he’s not accused of speeding or drink driving, the way current laws are worded police didn’t object when Mr Lu sought to get his licence back.

“The law is pretty much silent in the bail act which doesn’t make any reference at all to driving offences by reference to bail,” Mr Papas said.

“Bearing in mind the man is assumed innocent.

“But where you’re charged with these sorts of offences, if the community says no, once you’ve been charged that’s it you can’t drive then the law needs to say so.”

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“Why is it that a driver charged with the most serious driving offences can get back behind the wheel whilst on bail?” Heidi said.

“I think it’s a bail condition that shouldn’t be open for appeal. It should not be an option.”

Mr Lu remains on bail and is due to face court again in July for a committal hearing.

Image: Nine News Melbourne