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VIC Infringement for no P-Plates

Discussion in 'Politics, Laws, Government & Insurance' started by Euphoriic, Jan 31, 2011.

  1. Hi Netriders.

    I got booked on a Friday night for not displaying it.
    Cop did not believe my reason it got ripped of while it was parked at my friends house and I didn't notice it until pulled over.

    I am considering writing a letter for an internal review but should I send it ASAP or wait for a letter that may or may not come.

    Pretty harsh losing 3 points for just a bike where you only display it in the rear where anything can happen to it :(

    Background info, I've held a car licence for 2+ years.
    Never had any other infringements.

  2. Go for it mate what have you got to lose? It's not like you did 'willfully and purposefully' not display a P-plate which is the intent of the law.

    The copper is going to write you up 9 times out of 10 because they've heard it all before. So it's little wonder you couldn't plead your case on the side of the road.

    You will need to wait for the letter before you can contest it, because without it you have nothing to contest. If you need some help drafting a letter, ask here and someone may be able to assist you.
  3. Sounds like a mate when i went to school.
    His numberplate was ICK-###
    Naturally you can guess what we did with his P plate every day.

    Local cops knew we did it all the time so he never got in trouble if he didnt check :p gave them a grin too.
    Good luck telling them to jam it mate, my plate has fallen off numerous times.
  4. Is it not up to you to make sure that your bike complies with the licence that you have, i.e. showing a P plate, before you go for a ride.
    As has been said, police have heard it all before.
    How much was the fine for this....
  5. Hey Euphoriic,

    It can and does happen - I lost my L plate and registration holder on a ride down in Gippsland last year - they just completely blew off somewhere on the backroads. They were securely attached (via bolt and nylock under licence plate), but somehow still came off.

    As Chef says, you've got nothing to lose so go for it ... yes you're responsible for displaying your P plate, and to the best of your knowledge the P plate was there when you took off. For all you know, it was lost on the road sometime prior to being pulled over.

    They should give you the benefit of the doubt, and in reality it's a fairly petty thing to be booked for. Were the roads really less safe because your P plate wasn't displayed??? Surely a friendly instruction to get it sorted would have sufficed!

    Good luck with it mate.

  6. Fine is $119 and as stated, 3 demerit points....
    Probably a good idea for all L and P platers to give their bikes a quick lookover before every ride.
  7. You could write to request a review but I some how doubt it would make a difference. Whether you were aware of the P plates presence or not you were still breaking the rules. And unfortunately every P plater ever caught without a P plate in the history of all time would have said the exact same thing that you have.

    Is a pretty steep punishment unfortunately, next time P plates on with cable ties and super glue
  8. at the end of the day ,you will have to pay the fine and cop the loss of points .thats it game over
  9. Brother in law got pulled over and fined for no L-plate a while ago as it must have ripped off during his ride. Later that day got back home took some pictures of the small bit of plate left around the numberplate bolt.

    Contested it in court and the judge had no problems with his story. He had to plead guilty though as he didn't have a plate at the time. The judge wiped away the points and fine.....
  10. Tiprat if I showed you a picture of an arse and a hole in the ground would you be able to spot the difference?

    ....well looky here

  11. Years ago I was pulled over and given a warning about the absence of an L-plate but was fortunate in that because I was riding a road-trail that had obviously been off road they believed my story about the caked mud being responsible for it being destroyed and departing ways with the bike. I do, however, think what really swayed them was the daggy bit of yellow plastic that remained attached to the fender showing that I had at some point had a plate on display and wasn't simply pissing in their pockets.

    To the OP, did your plate leave behind a scrap that you could perhaps add to your defense?
  12. Someone reported on Netrider recently that the power Magistrates had to quash a charge, points, and fine has been removed. Apparently now they can only reduce the fine if you plead or are found guilty, which you have to do if you can't prove that you didn't commit the offence. In fact Vicroads has been known to apply the points even when someone has been found not guilty.

    You did commit the offence, because the P plate was gone, so you won't get a resolution in court. You may get somewhere before court, by appealing to the police officer again, but I doubt it.

    You need real legal advice if you want to pursue it though.

    Three points: Harsh penalty, intended for people who intentionally try to hide their licence status.
  13. Ignore the police officer and have it reviewed higher up rather than take it to court. A forum member successfully did this recently in regards to another matter.

    Considering the OP's driving record, he if places emphasis on this he stands a good chance of changing the outcome. But you never know unless you give it a go.
  14. I'm curious... what were you pulled over for initially? What reason did the cop have to target you out of everyone else?

    I only ask because there is no way the cop would have known you were meant to display a P plate. Was it just a random breatho and license check or otherwise?
  15. Thanks for everyone's helpful input in their previous experiences and advices.

    As to why I got pulled over, I was riding home in the middle of a Friday night, and obviously when riding where you're the only one in that stretch of road, they pulled me over.
    Also, I believe they saw how a no-plater was riding a puny 250, they might have thought something was up with that.
  16. My mate got done for the same thing but it was $123 and no points. I didn't think you would loose points for something like that.
  17. The 'plates' I used were the new floppy ones that stick on the window.
  18. I'm not sure on the state of the legal system now (this was in NSW if this makes a difference), my brother in laws case was early last year.

    I'll expand a little on what i said before - He had to pay $50 for the privilege of being heard in court (a fine of sorts), and also had to give up half of a day in waiting for his case to be heard.

    He was told that he would need to plead guilty (as what he was charged for was not having a plate, and he didn't have one) but that he could seek leniency from the judge on account of the circumstances, this was the legal advice he was given.

    The reason my brother in law didn't simply pay the fine (other than the fact it was stupid considering the circumstances) was because his licence would have been suspended if he copped the points due to his limited points on his green P's and past infringements. The judge was happy to let him off without having to pay any fine or incur any points to his licence, she simply recommended that he carry some spares with him next time. It was all over in a matter of minutes once our case was called.

    It was always my understanding that the police couldn't overturn these sorts of fines and that when you appealed you needed to do so via the courts, hence why the back of the fine has the court appeal slip?
  19. I'd be very careful about pleading guilty to any traffic offense in a Victorian court without getting "good" legal advice.

    Not sure about this offense but with regards to speeding offenses, drink driving etc, a judge CAN NOT change the fine or demerit points if you plead guilty. The only way to not pay is to plead not guilty and then be found not guilty.

    I'm sure others have more experience in things like this, so please correct me if I'm wrong.

    Slight correction to above - It is "Mandatory sentencing" I was thinking of. A judge can not change the loss of license time not fines. (sorry)
  20. Hrmms, I guess I definitely should seek legal advice from my local community centre and see how I can go about this.
    If it means going through hassles by taking a day off work then I'm prepared for it.

    Just REALLY bummed out that the infringement is harsh because it seems this one was made for car drivers since their plates are inside the car protected so it would be deliberate to not show it.