Government License Screw Up

[MattR]

i lost mine a year after the offence was commited as paper wrk was lost, and thought nothing of it at the time.my main problems was how can the court take your licence off you then if you have lost more tha 12 points including the time allready had licence taken off you, then loose it again from motor reg? dosnt seem fair that you get penalised twice. I agree i did the wrong thing and coped it on the chin but then to loose again because of motor reg was a kick in the guts

[D_Stirls]

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.

They don't hear appeals for suspension due to demerit points anymore as you have the 1 point option, it's only after you have gone through that process and if you lose the 1 point that you can then appeal. I think it will end up at the point were they will open that option up to the people affected unless they have already gone through that process.

[bezender]

i lost mine a year after the offence was commited as paper wrk was lost, and thought nothing of it at the time.my main problems was how can the court take your licence off you then if you have lost more tha 12 points including the time allready had licence taken off you, then loose it again from motor reg? dosnt seem fair that you get penalised twice. I agree i did the wrong thing and coped it on the chin but then to loose again because of motor reg was a kick in the guts

there are 3 ways to get your licence suspended: (1) too many demerit points (2) court ordered suspension (3) you dont pay your fine and get a 60 day suspension.

potentially all 3 of those could happen concurrently, all for different reasons and usually as separate penalties. In addition the courts can also cancel your licence (ie. back to your L's) or suspend it indefintely.

from what i understand you have written there two of types of suspensions have happened. a court ordered one from a specific offence, and demerit points from having too much fun on the road.

These types of penalties are necessary due to serial offenders and particularly dangers acts on the roads.

it is a kick in the guts especially if you have to serve the demerit point disqual after the court ordered one

[mid life crisis]

if you murdered someone and did not get found out then lets say 12 yrs later thru dna testing you were proved to be the murderer would your argument be hang on it took you 12 yrs to catch me so i should not be punished ? do the crime do the time

[elir32]

The offence in question was failure to show a p plate after it had fallen down-I think this is what my brother said it was,-it was considered a breach of his p plate conditions-he never received his demerits and had rung and inquired and was told it was all good and nothing to worry about and he was fine to continue driving-he then went on to get his hr license and full license and also road train and has a clean slate-now they want to take it for 6 months--I think it was failure to show p plate-or another offence it was for--but whatever offence it was,no longer receives demerits any more as it's only fined not demerrited... So to me it all seems way over the top and had he lost it at the right time he wouldnt of taken loans out etc and have a road train job that requires his license,..,bit rough

[SLED]

A good lawyer may be able to save him his train license even under suspension of a standard driver's license........but it's gonna cost and there are no guarantees.

[elir32]

Yeah he has taken that path-the company he works for has a lawyer with plenty of experience dealing with road offence related issues and he is using them.-but I can tell you it's not cheap. The police are very very strict on semi trailer and road train drivers-and the stories he has told me about the pettiness of some of the fines and requests of the police is pretty unreal..eg. If you write "sa" instead of south Australia on your logbook they kick up a fuss-forgetting to put your address on the front of it aswell as your name...those sorts of things---pretty sure the sa pol badge says "sa" not "south australia". Hopefully a lawyer can keep him on full license rather than ps as one screw up-and he's out for a year...bit of a risk in the transport industry.

[D_Stirls]

Failure to display your P plates is 1 point where did he lose the other 3.

[Damo_R34]

a while back it was more than 1 point wasnt it? Then they changed it

[bezender]

if the officer decides to list it as a breach of p plate conditions it does not carry demerit points, it is a 6 month minimum disqual, and start again on your P's

[elir32]

I could be wrong-I thought that was the offence---but he was down to 1 point got done-then never received the last demerit so inquired and was told all was okay and he was okay to keep driving-then obviously got a full license not Long after... I dunno what gets u demerit points these days-the fines go up all the time and the people who drive nice cars get picked on and the kids hanging out of the windows im commies on cut springs doing skids on every corner get nothing..will see how the appeal goes...be interested to hear if any others have a successful appeal etc.

[D_Stirls]

My mate got done for speed while on his P's, he got 3 points for speeding and the officer told him that he would have been able to keep his licence had he only been done for the speeding but since his rear P plate was not up that would gain him another point and he would then lose his licence as he had accrued 4 points.

[bezender]

table of current demerit points

Dale, it depends if the officer lists the offence as one of the "breach of P plate conditions" offences or if it is listed as a regular offence.... i came across a lad who gor a $1400 fine from the cops (45+kph over the limit, drive unregistered car, drive uninsured car). none of them were P plate offences so he copped 3 points and went on his way.

here is a list of P plate offences that = loss of licence as i described earlier plus the $ that they incurr. none of these cary demerit points

PROVISIONAL LICENCE

S81A(5) Contravening condition of provisional licence:

Provisional driver exceed speed limit by 10km/h or more A688 $70

Provisional driver exceed .00 BAC A698 $173

Provisional Driver with prescribed drug (Methyl amphetamine) A889 $173

Provisional Driver with prescribed drug (THC) A890 $173

Provisional Driver with prescribed drug (Drug Combination) A899 $173

Provisional Driver with prescribed drug (MDMA) A746 $173

S81A(1)(e) Driving with no 'P' plates affixed A687 $155

S98 AAB Fail to immediately produce licence on demand A703 $112

[elir32]

final verdict for anyone interested is that the courts cant override penalization,,eg let you keep your full licence, but with an appeal thay can allow you o keep your ps and override the curfews. a couple grand of lawyer fees and a hearing and thats the best he got! 3 years on p1 for not displaying a p plate 2 and a half years ago. rough but gotta suck it up!