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VIC Mandatory Penalties for Speeding

Discussion in 'Politics, Laws, Government & Insurance' started by robsalvv, May 6, 2008.

  1. Do you know what the Victorian mandatory penalties for speeding are???

    The info below is paraphrased from www.trafficlaw.com.au (Victorian focussed site) and vicroads.

    Exceeding speed limit by:

    >1km/h to 9km/h = 1 demerit point.
    >10km/h to 24km/h = 3 demerit points.
    >25km/h to 34km/h = 1month mandatory licence suspension + 4 demerit points.
    >35km/h to 44km/h = 6months mandatory licence suspension + 6 demerit points
    >45km/h = 12months mandatory licence suspension + 8 demerit points.

    Vicroads is unclear about whether the limits fully apply in 110km/h zones, but the traffic law website says that travelling at 130km/h to 134km/h in 110km/h zone attracts 1month mandatory suspension + 3 demerit points penalty. Presumably from 135km/h onwards the penalty limits above apply as if it was a 100km/h zone.

    Once pinged, the system is set up that there's NO arguing extenuating circumstances (it's possible a life or death circumstance might fly), or going to court to get a drive for work licence or any of the reasonable stuff from years of old. Magistrate's hands are tied. If you take an infringement to court and lose, the magistrate is bound by law to apply the mandatory sentence.

    The only reason to take an infringement to court is to get the chance for a legal eagle to review the police case - there may be grounds to lower the infringement class or get the infringement thrown out on a technicality.

    Them's the stark reality facts of this fine state Victoria.

    Yeh yeh yeh, don't speed, yadda yadda yadda. :blah:

    A solid citizen, who has a momentary rush of blood, will lose their right to drive for some period of time. The flow on consequences could be catastrophic for them and their family - loss of job, failure to pay mortgage, stress for the whole family etc etc. ...which makes me wonder, are these laws really serving our society well???

    Sure there is a message that the government is trying to give about speeding (don't get me started!), but discretion to apply a penalty in kind, e.g., community service, zero demerit period, licence use restrictions, suspended sentence etc, would get the message across and be far more constructive to our society :-k

    Anyway... incase you didn't know the state of play, now you know.

    This has been a robsalvv NR community announcement.
  2. And I thought NSW was a Police State; no wonder people are leaving Victoria for other states.....
  3. It's easier to find a speed camera than a phone booth in Victoria.
    :evil: :evil:
  4. Thanks Rob, a couple of months too late though.... :(

  5. Er No that's so wrong.
    It's the other way around actually. They are leaving NSW in droves.
  6. what i find funny about this system is that at work atm, we have 4 guys without a license, one has just got it back last tuesday, all are on a month no driving....but funny enough every morning all of them drive in.....

    Great system huh :roll:
  7. Thanks for the info Rob.

    With the 110km/h limit the actual exceedence there is 15 km/h. The loss of licence is a blanket 125km/h if in either 100 or 110 kay zones.

    You know, when it comes to mandatory sentencing, the government scarpers away from it, citing bullshit about judicial independance, etc. But when it comes to motoring offences, then they sink the boots in.

    Also, what I find unfair is that you cop demerit points as well as licence suspension. It's like double jeopardy, I reckon. The idea of points is that when you hit the magic number 12 then your licence is suspended. What happens if you have say, 6 points already, then get pinged for doing 150 klicks in a 100 zone. You get another 8 points, taking your total to 14. That in itself takes your licence away.

    So, what happens? Do you have two suspensions in effect? Do they do what they do to murderers and rapists if you have multiple convictions - serve them concurrently, or do you, like what happened to a mate of mine, serve one term, get your licence back in time for the 05 GP, then lost it again for another 8 months?

    I swear that motorists are treated as second class citizens when you compare them to those who commit real crimes.
  8. Stewy, the consequences of driving while suspended are laid out here: http://www.trafficlaw.com.au/drive_while_suspended.html

    Second offence must include prison time, applied or suspended. :shock:

    Martin, do you have a reference. I doubt that the traffic law website would have that info wrong.

    There are three options when you get to 12 or more points. Promise to drive without accruing a point for 12 months. Serve a suspension period or appeal the suspension (within very tight appeal guidelines).

    The period of the suspension is the number of points divided by four, rounded DOWN to the nearest whole month. So 14 points is 3 months. If you accept the 12mths goodie goodie option and fail... you will get a suspension period TWICE what you were intended to serve.

    +1 brother.
  9. I believe you have to serve the suspension for the offense, then serve another for the points when the first one ends.

    I seriously doubt that's a question pollies ask when they make laws Rob. The important thing is that they put their pink tutu's and high heels away long enough to do something to show how tough they are on dangerous speeders. This in turn, helps them get re-elected. The effect of laws made by pollies on actual people beyond each election is not important. Surely you've figured this out? :)
  10. Call me an idealist Seany. :roll: @myself.

    I think you picked up on something I missed in mjt's post. Yep you serve the suspension and then get to deal with the points.
  11. Slip-up :arrow: lose license :arrow: lose job :arrow: lose house :arrow: lose wife :arrow: lose kids...

    ^entirely possible.

    What a great system that cares for our community!

    Here's some food for thought:

    A fine is nothing more than an unproven accusation. When you pay it, you admit guilt and bypass a court process.
    You might do this a couple of times... you may find yourself without a license.
    You can have your license taken off you, your ability to earn money taken off you, and lose assets and family - and all the nasty things you 'did' to deserve this have gone on your record + money in fines collected without the government/RTA/VicRoads presenting a single shred of evidence to a court, or even to you.

    What's the government's definition of "drive" anyway?
    I have heard a rumour that the only definition of "drive" in Australian legislation is in an old Municipalities Act which defines it as the operation of a vehicle engaged in commerce.
    ie. if you aren't driving for work [or you STATE you are are operating a vehicle for private use] you aren't technically "driving".

    ^Tramp, if you have a view on that, I'd be very interested...

    Statutory legislation is the closest thing to slavery we'll ever know in Australia, I reckon.
  12. 110km/h law was changed to stop drivers from sitting on 139 without losing their licence back when it was introduced and the licence lost km/h over the limit was 30.

    Whenever you speed past 110km/h you are actually doing that speed in a 100km/h zone

    (100) 135km/h = 35 over
    (110) 135km/h = 35 over
  13. I was thinking that a few months ago actually.
    Sure speeding is a crime that is punishable but to punish you with the above scenario is a bit too much to stomach.
  14. The UK anti-speed-camera mob include an estimated suicide figure for the damage & true-cost they cause to the community - something that I have NEVER seen considered in the slightest here in Australia amidst the wondrous happyness and joy-joy we all get from suffering the overenforcement of laws that do not reflect community standards...
  15. Yes, those laws reflect the angry ant talk back callers who rail at media sensationalist beat ups about lenient sentencing... wonder what we'd get if a true referendum was held ?
  16. Just a clarification about the driving while disqualified/suspended thing.

    The second offence can occur at any time during the rest of your life... Think about that.

    If you ever lose your licence again and you get caught driving while disqualified, then this will count as a second offence and a prison sentence is mandatory.

    That's crazy.
  17. NOT always the case Rob, my brother got done for driving without a licence, then driving whilst disqualified a further 3 times after that in a two month period while waiting for his court case to come up, this was when he was 17, he is now 37, final court case he got 4 months in jail down at Morwell with Derryn Hinch. Then a couple of months ago he ran out of points, hence lost his licence and got caught again, he went to court and recieved a further 12 months suspension and a 6 month suspended jail term. he doesnt learn though :( got caught driving again last week, :eek: :shock: will wait to see what the judge says this time :?
  18. how many people can our jail system hold? I mean as stated earlier in this thread, i am sure some of our rules have gone over the top :shock: :(
  19. Its not about specifically putting people in jail.

    Its about putting people into the system.

    Once you have been convicted of an offence, you are tagged for life by the government and at their mercy for decisions and treatments.
    This is where they want the surfs to be.

    Managing a ridiculous system such as this serves no other purpose.

    After all there is no data at all to suggest that any of the road injuries or fatalities are any more likely caused by a disqualified or suspended driver than the general population. None at all.

    So much for scientific based reasoning.
  20. So really your saying it s just a conspiracy theory, and once they get enough of the population into the system what then, do they just call Martial law on the rest, mark the rest and then have what they want?