Questions About P2 License Suspension

[Will2Live]

Hey guys, I'm a long time follower of this website, but this is my first official post.

My license expired on the 11th of December 2011, and I have been interstate until two days ago. I decided to just go for my full license instead of paying for another P2 license. Today, when I went to the RTA, I was told that my license has been suspended for 3 months from the 21-02-2012 to the 21-05-2012. I was shocked and didn't know why. I was told that I had two driving offences on my P2 license. One from May of 2010, and the other from July of 2011. I was speeding by about 6 or 7 km's over the limit, and I was done both times for 10km and under. When I received the fines in 2010 and 2011, they both said it is a 1 demerit point offence, so I didn't think I would be suspended. Today, the RTA told me that my license was suspended on the 30th of July 2011, but because I didn't PHYSICALLY come in to the RTA, the license suspension wasn't activated. This is ridiculous. I am getting suspended for 3 months, over an incident that occured 8 months ago. I never received a letter from the RTA, only the letter for the infringment notice. My car didn't need any registration, my license wasn't expired, and I didn't receive any letters from the RTA, so why the bloody hell would I go in to the RTA. I didn't even know about it. I argued with the RTA, but they said, even though it has been almost 8 months since my license suspension, the 3 months period will start from the day I go into the RTA and 'activate' my suspension, which was today. I said I was going to take it to court, but they told me not to bother because I am a P2 driver, and the courts are not lenient on speeding, and I would just be wasting my time and money. On the official RTA website it says

"If your licence has expired or is about to expire, a Notice of Suspension will not be issued. Instead, you will be refused a licence when you attend a motor registry and apply for a licence renewal. You will be formally advised of the refusal and a Notice of Refusal will be issued."

Does this mean I don't have any ground to act on? I mean, I find it absurd that I was not at least notified of this for 8 months. If I knew, I would have gone and got this whole mess straightened out, served my 3 month suspension, and been driving by October of 2011. My license wasn't expired at the time of the offence on July 2011, so I don't know what I can do.

Please help me out fellas, give me some advice, should I take this to the courts? I go to uni, I work, and I am the only person in my family who drives, so I have a lot of duties and responsibilities. Should, I just cop it on the chin and do the 3 month suspension, or should I appeal it. Is there any appeal process that is free, or will I have to pay a lot of legal fees.

Thanks in ad vance guys;

Will

[weapon_unknown]

if you already took up the suspension its too late the courts take at least 3 months before they here your case.

[nathanau]

Heya Will,

I feel sorry for u, I was suspended agggggges ago for a parking fine (apparently) and for whatever reason. I didn't get the physical ticket from the window of my car so how would i know i was booked...., as it wasn't there...... People take them and put them on their cars so it looks like they have already been booked to avoid actually being booked. Anyway they said they sent two letters, one from RTA and one from State Debt Recovery to say my license was being suspended. I did not receive either letter, I had no other notices or warnings, etc ( nothing!) . 12 months later on at an RBT I was told my license had been suspended yet I had been driving AOK all that time without knowing (12 months) .

I got a $1,000 dollar fine or some crappy amount like that for drive unlicensed but it was dismissed in court ( I took it to court and won) But I paid the parking fine and all was good, BUT i wasn't on my P`s.

What i hate is that they cancel licenses by way of Post IF IN FACT they send the letter/s at all…. I really wonder if they send letters in the first place, seriously! so many ppl have this same problem and they cant all be wrong.

The system sucks to rely on some letter, they should send things THAT important by registered post, then there can be no arguments and the driver is NOT left unaware, no License and no insurance etc.

The system always has sucked when it comes to motorists, great source of revenue!! As for your matter, I'm not a solicitor so i don't know for sure, BUT a Solicitor who deals with Traffic Matters will know the answer and as a first consultation it wont cost you a cent to find out. One thing is true with some of my lil mates who are on their P`s, and that is when they get done speeding, even 8 ks over for one of my friends, the courts don't let them off, the fines might be reduced and even the suspension time but no one I know has ever been totally let off so to speak without spending at least some time off the road… Good luck with it but speak with a Solicitor fo sho!!

Edited February 21, 2012 by nathanau

[GTR-N1]

Keep up the will to live Will2Live

We have a list of traffic lawyers thread in NSW. One of them used to be our SAU Prez. I'm on iPhone so I can't tell where you're from.

[hamiltonau]

No chance getting off the fines if you have already paid them but they lawyer might give you some advice regarding the suspensions. Sounds pretty cut and dried though, might just have to sit it out till May.. Commiserations

[Al Despo]

Lol activate your suspension, sounds ghey but pretty clear cut they have covered their bases there wouldnt see a point in going against it but really ghey sorry man your another victim of the system

[Idaten]

  On 21/02/2012 at 2:32 AM, Will2Live said:

Blah blah blah.

Please help me out fellas, give me some advice, should I take this to the courts? I go to uni, I work, and I am the only person in my family who drives, so I have a lot of duties and responsibilities. Should, I just cop it on the chin and do the 3 month suspension, or should I appeal it. Is there any appeal process that is free, or will I have to pay a lot of legal fees.

Thanks in ad vance guys;

Will

Ding ding ding.

We've got a winner.

(Edit for quote length.)

Edited March 6, 2012 by Idaten