Infringement Notice Question :(

[Im Rick James]

Hey all,

Just wanted to know if anybody could help me out with a little... problem Ive run into, got pulled over today by the cops and was issued with 2 fines, one for unroadworthy vehicle (couple of mods- pod, boost controller, exhaust etc) and another for driving a high powered vehicle and not displaying p plates.

My problem is that while i am 20 and still on my p plates, i received my full licence in the mail 4 days ago, and have been driving my gt-t ever since without p plates up. I was still fined for driving as a p plater though and i was wondering if its worth trying to get out of it. Also, the cops who gave me the defect notice gave me BOTH copies, theirs and myne, does that mean that they have no record of my defects?

Any help would be awesome, one week off my birthday and they pull me over FUUU >.<

[Im Rick James]

Come on someones gotta know something

[russstuff]

how did you receive your full licence in the mail?

did you not go to the rta to do a hazards perception test then get your full licence..

i didnt think they could just mail it to you....

[Im Rick James]

Just got a letter in the mail sent in the payment and recieved the card a couple of days ago... in VIC though

[CARSICK]

Just got a letter in the mail sent in the payment and recieved the card a couple of days ago... in VIC though

'Identity Theft' must be rife in Vic! Or is the mail registered?

Back to thread, what date is on your full licence? And how does that compare with the date you were booked?

[Im Rick James]

Full licence is valid till 2013 and i was booked today, im 21 in a week. Vicroads sent through the form and i just sent away for payment, received the actual licence in the mail.

[WYTSKY]

For the record, I also received mine in the mail about 2 days before I turned 21 aswell, just paid online and they are now sending them out

as for you being 20 and not displaying p plates I don't think you can get out of it. why? because:

1. how old were you on the day you got picked up? 20... minimum age (im pretty sure unless maybe special circumstances) for full license is 21 in VIC

2. regardless of when you received your full license in the mail, you still were a probationary driver according to the law... they did the right thing... just because you have the little bit of plastic, doesn't mean your now a full licensed driver. Infact, isn't there something in there that says when it is valid from?

Simply put yeh the defects are a pain, but you put them in and risked getting caught or you bought the car with them in and didn't both to change them so also your fault and YOU took down your plates because the little bit of plastic with your picture on it says your a fully licensed driver... obviously once those entire 3 years of p's are complete, not a week before.

I'd be more pissed off at myself tbh...

[CARSICK]

Infact, isn't there something in there that says when it is valid from?

I'd be more pissed off at myself tbh...

Hmm that's what I meant

[.:: GimpS-R34 ::.]

Could always take it to court, claim that you received your full licence in the mail.. and were none the wiser.. you MAY happen to get a judge on a nice day, play stupid and they could take it easy on you.. howeve i don't know considering they will be looking to crack down on P platers breaking the new laws..

imo i agree that the law is the law but 1 wk out doesnt make you any less of a driver.. you won't magically be able to handle a more powerful car..

[mad082]

this is going back a bit now, but when i got my opens and went into the department of transport and got my licence renewed, etc, on the new licence it said that my p's were still valid until the exact date that was 3 years after i got them and then my opens started. so even though i had gone in and paid it and got my opens licence 3 weeks before it was due, i was still on my p's for the last 3 weeks to make it up to having had them for 3 years.

i'm guessing that the same thing will apply for you. in the police system it will show you as being on your p's, and therefor the police office is in the right and you are in the wrong. i'm sure that if you read the fineprint on the form you were sent out it will say all this.

[Im Rick James]

Thanks for the feedback guys, the thing is though it says my probationary licence expires a week from now, yet my full licence says that my full licence expires on the same date in 2013... I guess it was just very wishful thinking on my part, and assuming i wouldnt get a cop who'd actually book me a week off my birthday, but i guess i was just unlucky.

Didnt help with the cops walking around my car laughing and saying things like 'bam gotcha' to each other, wasnt exactly conduct becoming of an officer if you ask me

If i took it to court id be relying on the judge taking pity on me, dunno if i should take that risk. Taking into account though i have never had any previous fines or driving infringements and im a truck driver with a HR licence and drive 7 days a week.

Ehh

[mad082]

your licence will always expire on the same day no matter when you renew it (so you can renew it a week before it expires or the day before but it will still expire on the same day. the same as car rego) or what licence you have. basically whether your opens start in a week, or in 2 years time, you were still driving without displaying the P plates and got done. it's no different to a bouncer not letting you into a nightclub a week before your 18th birthday. until you turn 18 you can't get in.

personally i wouldn't bother fighting it in court as it isn't something that is open to interpretation like other things might be. in this case the law clearly states that you are still on your p's and you weren't displaying the plates you required.

[Kinks]

surely you could just point out that you are rick james "bitch" and the cops will go "oh sorry my mistake"

so were you on your full licence or P's? if you were on your fulls they shouldn't have booked you, by the sounds of things you were on your P's and you should cop it sweet because you were doing the wrong thing and you know it.

[WYTSKY]

imo i agree that the law is the law but 1 wk out doesnt make you any less of a driver.. you won't magically be able to handle a more powerful car..

I agree, the plastic wont make him a better driver or handle a more powerful car, but thats the law and if they were nice about it then sure, they would have given him a warning, but as he's said, they were out to get him and therefore in black and white he was on his p's so the car was too powerful, sucks but its the truth.

[Priestley]

I personally think you're not going to get out of this one. You might want to talk to a lawyer and see what they say. No one on here is going to be able to give you the advice a good lawyer can. Note that I said GOOD lawyer, not the guy who runs a small practice down the street next to the fish and chip shop.

If they do book you as a p-plater I assume it would be 3 points for not displaying plates, plus points for driving a high powered vehicle (is that a points offence??) so you will possibly lose your license all together.

[R33]

So how long had you illegally been driving an R34 GTT on P Plates for before this happened?

[MSTRshenanigans]

this is going back a bit now, but when i got my opens and went into the department of transport and got my licence renewed, etc, on the new licence it said that my p's were still valid until the exact date that was 3 years after i got them and then my opens started. so even though i had gone in and paid it and got my opens licence 3 weeks before it was due, i was still on my p's for the last 3 weeks to make it up to having had them for 3 years.

i'm guessing that the same thing will apply for you. in the police system it will show you as being on your p's, and therefor the police office is in the right and you are in the wrong. i'm sure that if you read the fineprint on the form you were sent out it will say all this.

Same here in QLD, 2 sets of expiries

Could always take it to court, claim that you received your full licence in the mail.. and were none the wiser.. you MAY happen to get a judge on a nice day, play stupid and they could take it easy on you.. howeve i don't know considering they will be looking to crack down on P platers breaking the new laws..

imo i agree that the law is the law but 1 wk out doesnt make you any less of a driver.. you won't magically be able to handle a more powerful car..

Turning 18 doesnt make you able to drink alcohol or smoke or read porn any better lol

OP - imho I'd just take it on the chin but you could pay the extra $50 and wait until SPUR contacts you cause you haven't paid the fine to see if the didn't cock up and give you their copy

[Im Rick James]

I had another look at the defects form and down the bottom it says 'triplicate' so i dont think the coppers stuffed up- as much as i wished they had >.<

Also i only recieved 3 demerit points for the two fines

Im just gonna pay the fines and get the roadworthy done to get the car back on the road- i just wanted to gauge if i had any chance of getting out of the p plates infringement and by the looks of it i dont stand much of a chance.

Thanks for the advice guys

[R31Nismoid]

VicRoads always send our your new license early.

Think about it - if people got it 2 weeks late there would be uproar on talkback radio every week.

When they send it to you, I'm fairly certainl that the letter that accommpanies also says that the new card isn't valid until the old one expires or something to that effect.

I vaguely remember seeing a letter similar, so wouldn't be surprised if that was indeed the case.

Add to the fact your P's clearly shows your Probationary Expiry date - there really is no way to get out of that.

Probably happens a bit where people think a new card is there, and it's valid - when infact it is not when you get into a bit of detail over it.

Also if you rang VicRoads to confirm, they wouyld have told you that your P's was valid for "X" days.

[boostn0199]

Its simple if you got ur ps on ur 18th birthday the earliest you could drive on your full in the day your 21 since you said you were 20 when you got done theres no way out of it, on other hand if your scared your gona lose your lincense because of these point penaltys you received well the points wont be taken off until you pay the fine so by the time you pay you should have your full and the 12 points so your safe that way.