Gt-r 40km/h Over. Need Your Help!

[eastes]

They accepted my guilty plea and I paid the fine of around $1080 including court fees about 1 week ago. I still don't know if I have received the 6 month suspension. Apparently it comes separately.

[Beer Baron]

bummer. sad to say you will most likely get the suspension too. but it sounds like you have good grounds for applying for the hardship licence so at least that avenue is open.

fingers crossed they don't hand down the suspension but I'm fairly sure they will. I hope I'm wrong.

[eastes]

I rang Queensland Transport. They were actually quite friendly and helpful. They said suspension is sent out when they receive notification that I have paid the fine, which they hadn't yet received. Sucks #1. My cop mate also confirmed that my status is "prosecution pending" Sucks #2.

Looks like suspension will come. Unfortunately, I read everywhere that work license can't be applied for when it's a 40km/h offense. So it looks like the "hardship" license is a separate application, different to the work license.

[Tangles]

should have pleaded Not guilty and then gone through the facts of the matter; its your right to be heard in court.

I agree with fungoolie. Been in this situation before as a P plater, fought the injustice of what happened, walked out of the court One up on the system, everything thrown out.

I dont see the point in pleading guilty to the court, might as well ticked the guilty box when originally issued the fine. waste of a courts time IMO.

Should have manned up and fought all the way, easy said yes but easy done too

[eastes]

should have pleaded Not guilty and then gone through the facts of the matter; its your right to be heard in court.

I agree with fungoolie. Been in this situation before as a P plater, fought the injustice of what happened, walked out of the court One up on the system, everything thrown out.

I dont see the point in pleading guilty to the court, might as well ticked the guilty box when originally issued the fine. waste of a courts time IMO.

Should have manned up and fought all the way, easy said yes but easy done too

Yes. Wish I did that now. Actually, I wish I registered the car in my business name like the GT-R owners that actually have half a brain.

[Cowboy1600]

Yes. Wish I did that now. Actually, I wish I registered the car in my business name like the GT-R owners that actually have half a brain.

You used to be able to do this in Vic but now if a business owned car is done by camera someone MUST be designated as the driver or the CEO of the company cops the fine and points.

Dunno if they have closed that in QLD yet, but it wouldn't surprise me if they have.

You should have gone on the "Prove it was me who was speeding" line. It would have likely been turfed.

But you live and you learn. As silyl as it sounds, 6 months goes pretty quickly. I'll glady volunteer to come and give your car a few laps around the block to keep the cobwebs out

[Duncan]

that just can't be right. they can't decide to appoint a person responsible for the actions of a corporation, that is the whole point corporations exist. If anyone could be held liable it would be a director not a CEO. No way the CEO of BHP is potential personally responsible for all the points of every car in his fleet.

In NSW this is still very much open, we have used it 3 times in 3 years. Although to be fair, the RTA sent us a letter after the last one saying they would not let our company register or re-register a car, ever, if we failed to nominate the driver again

[Cowboy1600]

that just can't be right. they can't decide to appoint a person responsible for the actions of a corporation, that is the whole point corporations exist. If anyone could be held liable it would be a director not a CEO. No way the CEO of BHP is potential personally responsible for all the points of every car in his fleet.

In NSW this is still very much open, we have used it 3 times in 3 years. Although to be fair, the RTA sent us a letter after the last one saying they would not let our company register or re-register a car, ever, if we failed to nominate the driver again

Being right is irrelevant.

it's the responsibility of the company to make sure they know who is driving their vehicles at any time for just this reason. If they do not put in place the proper procedures to track this then the responsibility will keep climbing the ladder until A) Someone takes the blame or B) It reaches the top.

IMO that's fair enough. Just like workplace safety, someone has to be held accountable and it works up until blame is apportioned.

As for the BHP example, people below the CEO would be put in charge of being accountable for their fleet management.

When I worked at Citywide every vehicle had a log book. Audits were done constantly and you copped a hiding if you failed to fill one out.

[Beer Baron]

nope that is not the case. in my experience in NSW it goes like this. car is registered to a company. car gets caught on speeding camera. fine gets sent to said company asking them to nominate a driver. if they cannot determine who was driving at the time of the offence then they just paid the fine. HOWEVER as far as I know it has now changed (either that or they have cracked down on companies who have done this a number of times) and now they send the company the fine and ask them to nominate a driver. if they cannot nominate a driver then the company (not the CEO or a director etc, the entity that is incorporated) has to pay the speeding fine AND a further penalty for failing to maintain proper records or failing to nominate a driver or whatever they call it and the fine is pretty hefty at over $1,000 (could even be $2K or $3K off the top of my head).

[Duncan]

absolutely correct. the $1000 fine is for failing to nominate a driver.

but as I said....RTA are threatening to bar our company from registering any cars if we fail to nominate again. no idea if it is serious or an idle threat yet

[Marlin]

In Qld, if the car is registered in a company name, the same thing happens. If the company does not nominate a driver for whatever reason, the fine is tripled.

As we all know, its mostly revenue raising, and it's unlikely they argue with triple the revenue!

Fortunately it's been a while since my comapny has received such a fine, but thats how it was last time.

[Beer Baron]

absolutely correct. the $1000 fine is for failing to nominate a driver.

but as I said....RTA are threatening to bar our company from registering any cars if we fail to nominate again. no idea if it is serious or an idle threat yet

thanks dunc. I did have a clue after all (yes it's happened to me). so basically you chose either loose points or pay an extra $1,000. but as you've found dundan there is only so many times they will accept you crying "we cannot ascertain who was driving at the time of the infringement" before they will come back with, well in that case you are not competent enough to register cars in the name of your company. I don't know anyone it's been enforced upon yet but I'd hate to get that 1 extra fine and become the first..... I have also been warned that the fine is/was going to increase for failing to nominate a driver but have not seen anything concrete.

[Cowboy1600]

nope that is not the case. in my experience in NSW it goes like this. car is registered to a company. car gets caught on speeding camera. fine gets sent to said company asking them to nominate a driver. if they cannot determine who was driving at the time of the offence then they just paid the fine. HOWEVER as far as I know it has now changed (either that or they have cracked down on companies who have done this a number of times) and now they send the company the fine and ask them to nominate a driver. if they cannot nominate a driver then the company (not the CEO or a director etc, the entity that is incorporated) has to pay the speeding fine AND a further penalty for failing to maintain proper records or failing to nominate a driver or whatever they call it and the fine is pretty hefty at over $1,000 (could even be $2K or $3K off the top of my head).

Well it is the case....in Victoria.

What you have described used to exist down here but they changed the rules. I did ponder, earlier, if it was the case in NSW or QLD. It would appear it is not.

[jawrgy]

Any update as to whats going on?? did u receive the suspension?

[eastes]

Any update as to whats going on?? did u receive the suspension?

Still no suspension notification in the mail.

Not sure what's going on. I phoned the court and they said the offence wasn't modified by the judge so I was guilty of 42km/hr over. I paid the SPER fine. They are then supposed to send results to QLD transport which they haven't done yet. They said it usually takes 5 days, but could be delayed due to floods.

[Drift Motorsport]

Should have taken it all the way, like everyone was telling you here, instead of being a pussy and typing out some heartfelt story like they gave a damn.

You broke the law, pleaded guilty - you can't expect them to be lenient given the circumstances.

If you fought it, then there would have been the burden of proof hurdle to overcome, which could have been inconclusive given that there are two cars, and the holden is the leading car in the photo (maybe the winnah in the 'race'?)

People only get off fines for technicalities these days. Sob stories and crying poor me does not cut it any more people.

FYI, In Vic, if a company owns the Vehicle, then it is possible to not nominate a driver and pay ~$700 with no points deducted.

[hamiltonau]

i wonder what the driver of the 'chevy' ute would make of this thread ..

[RB25PWR]

Just FYI if you're planning to drive whilst suspended it's a charge. There will be a big fat warning on your car if someone ever runs your rego.... being an R35 the likely hood of that happening is quite high.

PS: When did your suspension start, or don't you know that either?

[eastes]

Just FYI if you're planning to drive whilst suspended it's a charge. There will be a big fat warning on your car if someone ever runs your rego.... being an R35 the likely hood of that happening is quite high.

PS: When did your suspension start, or don't you know that either?

I have no plan to drive while suspended. Not worth it.

Still don't know yet. Has been 5 weeks since court date.

[eastes]

The plot thickens...

I just phoned QLD transport and they said it was strange that SPER requested payment of my fine. They said that it should have been QLD transport that I paid the fine to when they receive result of court hearing (which they haven't received yet). QLD transport said the status of my license is "valid" and the status of my court hearing is "pending".

Also, to the poster who said I had no balls by not fighting all the way... 2 other posts said they spent over $5k fighting it all the way and lost. My friend has tried to fight courts himself using the BS from some ebook that another poster recommended. The Judge just laughed at him and said guilty.

I still believe the smartest thing to do is to plead guilty and then build a strong case for requesting a work license with the help of a lawyer at a fee of $1000 if required. 2 private lawyers and the duty lawyer on my recon day all suggested this was the best option. They explained "pleading guilty to the offense is a good way to initially build brownie points in the courts eyes for when deciding to grant a work license at a later date."