Government License Screw Up

[elir32]

My brother received a letter in the mail yesterday to inform him that due to a glitch in the governments computer system loss of demerits had not been recorded over the last few years and that he was supposed to of have lost his license two and a half years ago for a 6 month period. He is now been told to hand it in at the end of this month and lose it for 6 months. My understanding is that they have fixed their glitch and many people are facing loss of license from offences etc from up to 3 years ago. This is the first I have heard of it-my brother said it was on the news also--

Has anyone else had this happen to them and is there a way out?it does not seem right at alll.. For example my brother drives road trains and has loans to pay and expenses of life--no license = no job = no money = bankrupt(can't meet loan repayments etc) 2-Half years ago he didnt have this job and responsibilities to meet like he does now--surely the government can't take his license now due to their mistake when it's going to affect ones life in such a way..

Anyone have the same prOblem-or know more about it--?and if apealling is any use? I believe he intends to take it as far as he can and is seeking legal advice but just wondering if anyone has anything to add and advice?!

Thanks

[dark.sky]

there is a bit of a discussion about it here: http://www.nissansilvia.com/forums/index.php?showtopic=502435&st=0

[SLED]

ask for evidence of the offense if your brother believes he's hard done by.

If the offense does exist however, I'm sorry to say, but he only has himself to blame for speeding in the 1st place.

[elir32]

Agreed-you can only blame yourself for the offense--I think it's a bit harsh to penalize one 2 and a half years later when they have taken out loans etc and have a job requiring their license. Had they penalized him at the time he wouldnt of been in such a predicament where his livelihood Relys on his license--and also to mention no driving offences since then. I'm sure there has to be a way out of this?doesn't seem right to me at all.

[chef_stagea]

Mates of a mate r in the same boat. And being this long, the time to appeal is up. So no leg to stand on

[Madaz]

edit loop hole isn't the correct word but its all I got

give A.K Reeves and Associates a call ask for Allon he sorted me out years ago for traffic infringements he will know if there is a loop hole

[SLED]

yeah a letter explaining the extenuating circumstances from a lawyer, may or may not help............but I wouldn't be holding your breath....goodluck with it

[Import S13]

My sister is in the same boat.

She contacted legal advice and spoke to some guy who said there is a class action going against this but it's not worth shit.

Also said if you appeal the charges, the best you will get is 1 point for up to 3-5 years and if your in my sisters situation, back on your p2's for that time.

[elir32]

My sister is in the same boat.

She contacted legal advice and spoke to some guy who said there is a class action going against this but it's not worth shit.

Also said if you appeal the charges, the best you will get is 1 point for up to 3-5 years and if your in my sisters situation, back on your p2's for that time.

Thats pretty much what the people at regency said, shows how incapable our government is...maybe they should of picked up on this years ago--they gave my brother a f**king road train license a year ago-a year and half after he supposedly was meant to be given 6 months---surely if "he shouldnt be driving" they shouldn't of trusted him with a road train license...guess te government would like to hand out dole money instead for those who won't be working amymore... I hope something becomes of the class action or maybe someone in high places can get up and make a scene..

[D_Stirls]

I don't think that it's 3 to 5 years.

When i reached 13 points i took the 1 point option and i basically had 1 point for 12 months but if i lost that point the period of suspension was doubled so 6 month loss of licence not 3.

At the end of the day the points for each fine are on the notice and he should have know that he had accrued 12 or more points. He thought that he got away with it but now it has come back to bite him on the ass; you can also apply to get a notification of your points accrued so if he was unsure this option was available to him. He should have sorted it out back in the day, you commit the offence you take the repercussions.

Edited September 6, 2011 by D_Stirls

[Madaz]

^^ thats the same with me the last time that happened

[jrm]

He thought that he got away with it but now it has come back to bite him on the ass; you can also apply to get a notification of your points accrued so if he was unsure this option was available to him. He should have sorted it out back in the day, you commit the offence you take the repercussions.

Apparently - at least according to the nissan silvia thread - the points werent passed on to SA Transport, so the points weren't accrued - hence the problem. There are stories there of people who called up saying 'hey, shouldn't I be disqualified' and being told no.

[Import S13]

I don't think that it's 3 to 5 years.

When i reached 13 points i took the 1 point option and i basically had 1 point for 12 months but if i lost that point the period of suspension was doubled so 6 month loss of licence not 3.

At the end of the day the points for each fine are on the notice and he should have know that he had accrued 12 or more points. He thought that he got away with it but now it has come back to bite him on the ass; you can also apply to get a notification of your points accrued so if he was unsure this option was available to him. He should have sorted it out back in the day, you commit the offence you take the repercussions.

My sister and my parents called up asking what's going on with her points as nothing was sent out to them. The lady they spoke to said she had no points against her name and there was nothing to worry about.

Also, as it was over 2 years she would have lost her licence, time for appeal has past so would have to fight it at her cost for up to 3 to 5 years extention. This is what was told to them when contacting the lawer who was handling the class action.

As she also got her full licence between that, they are making her go back to p plates so the extention is harsher on p players.

I had a 2 year extention when I appealed for 1 point. Was f**ked.

[Dohmar]

My sister is in the same boat.

She contacted legal advice and spoke to some guy who said there is a class action going against this but it's not worth shit.

Also said if you appeal the charges, the best you will get is 1 point for up to 3-5 years and if your in my sisters situation, back on your p2's for that time.

A regency pawn would no doubt say the class action is shit.

Given the 'inference' of our applying the merits of a 'due cause' legal system, while any charges are given they are subject to an appeal.

If the charge was given 2-3 years late, it could easily be argued in >any< court that the prosecution is invalid without the right of appeal.

This can be considered two ways - if the charge was valid 2 years ago but the writ was not served until now, the appeal time should rightfully start from the time the accused is notified.

or

The charge was given 2-3 years too late, and if this is true, the statue for prosecution should also be backdated to the date of the charge - this is probably what they're going for, so that is all good, but that law is subject to the presumption that the accused has been notified and given enough time to prepare a legal response. If they have backdated it, and you weren't notified at the date they backdated, then you havent been given the right of reply as it were, and there has been a miscarriage of justice and you're fully entitled to taking it up with the supreme court. Or, if you're currently in a state of litigation, it can contribute to a mistrial.

** I'm not a lawyer. I just know how stuff works . Please see -proper- legal counsel before changing any plans **

-D

[SLED]

Yeah, all well and good but who's got a spare 10 grand to challenge it

[mid life crisis]

i would be going down the track of my rights of natural justice have been taking away from me since there is no right of appeal

[Cooper]

A mate of mine is caught up in this aswell. He is apealling through the class action and they are confident they will get off of it.

My bro inlaw went through a similar situation years ago where he was caught speeding and the cops came to his house a cou[ple of days later and said he would recieve a summons etc. 2.5 years later he recieved it. It was taken to court and the judge laughed at the incompatence of the police when they still didnt have there case ready 2.5 years later and wanted more time. The judge through it out on the spot.

[bezender]

I have had a bit to do with this through my work

the simple fact of the matter here is the only fines that are affected by this are ones that have been taken into a Fines Payment Unit in the Courts, and an application to make payments by installments has been made... this means that the individuall is FULLY aware of the offence and has taken responsibility for the fines and admitted liability.

Yes there was a glitch that stopped demerit points incurred on fines that were paid by these means, however there is no statute of limitation on the application of the points.

If an individual incurred greater than 12 points in any 3 year period they are to serve a licence disqual. When the 3 year period started and finished is irrelivant.

its unfortunate if this has affected anyone, but the offences were commited, and the penalty is pay a fine and incurr points

[SLED]

Correct Carl....and there's a vast difference between the current class action and what Cooper has gone thru in his post above.

The fact that there was no payment in Cooper's claim signified a lack of "admission of guilt" which is how the law reviews a guilty verdict with speeding offenses.........and the judge in his case deemed that there was a statute of limitation on the issue of a summons.

This current scenario is different, as the people afflicted by this incompetence from Sapol have at some stage admitted liability just by paying their fines..........issuing of demerit points is as Carl has already stated; there is no statute of limitation on the application of demerit points!!

[Import S13]

The main part of this that is bullshit is, some people such as my sister had made the calls asking what is going on with her licence as she knew what had happend and paid the fine in FULL not in installments as she wanted to appeal the loss asap as she has to travel from port noarlunga to wingfield every day.

She, as well as my parents were told on 3 different calls that there was nothing to worry about from the transport department!

Now that they f**ked up, she can bot appeal for her one point taken off. Also as for the OP who's brother had got his road train licence.

It's shit that they can f**k up so much yet we are always the ones who get bent over.