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[NSW] am i up s*** creek without a paddle?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by WeeBubba, Aug 29, 2010.

  1. got a bit of a conundrum here and would appreciate some advice



    on the very morning of my MOST test i received a speeding ticket (<= 10km/k over limit 1 pt $90) on my bike i was on L plates. so now im reading that i might get banned for 3 months. jeepers. do i get banned from the car as well? ive been driving for 20 years and this is my first ever ticket it seems a bit harsh. can i not upgrade to P plates now? do i have to redo the MOST test? 8-[ bit confused the RTA website is a bit ambiguous.
     
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  2. Re: am i up s*** creek without a paddle?

    You will be suspended for 3 months on your bike, not on your car license unless you had enough points that this would get you over the line (I'm not sure if you get the extra points on your car license ie 3 instead of the 1)

    I'd not mention the speeding ticket, suspensions take months to process. Try and get your license with your MOST certificate and see if they mention it. It may come up on the computer if your bike is registered in your name..

    Seems like you've got reallllly bad luck. The speeding penalties for L/P1 platers is ridiculous...
     
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  3. Re: am i up s*** creek without a paddle?

    If you got the ticket TODAY, go and get to the RTA to upgrade your license TOMORROW, their system for sunday and saturday tickets likely won't update until midnight Monday.
     
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  4. Re: am i up s*** creek without a paddle?

    ill go down the rta tomorrow mornin and see what happens. bit of a nightmare really.
     
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  5. Re: am i up s*** creek without a paddle?

    I think the answer may be yes, unfortunately. You will need to mislead the RTA to fill out the necessary paperwork. This may not be a good idea. There was a similar thread here a couple of months back and I think this was the verdict. Sorry to bear the bad news.
     
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  6. Re: am i up s*** creek without a paddle?

    He will be misleading them but he can state that he will contest it on the basis of having a 20 year clean record.

    They might process the license application anyway, or he might choose not to disclose it, that's his choice but not a good one, certainly a gamble.
     
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  7. Re: am i up s*** creek without a paddle?

    Yes, that's true and he will certainly not win the contest for the conviction. The best he can do is to avoid a fine. NSW law (post the Einfeld saga) says he must still lose the points and therefore the licence. That may take some time but will be the inevitable outcome. Its pretty tragic really :(
     
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  8. Re: am i up s*** creek without a paddle?

    Wow i didnt know you lost your licence while on Ls immediately too?
     
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  9. Re: am i up s*** creek without a paddle?

    Only since recently. They adopted the points system for Learners too now. 8-[
     
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  10. Ok, but surely you have more then one point?
    Hell, some parking offences you lose a point for...

    If you were on your Ls at the time it ought to affect your Ls licence... which isnt mandatory loss like on Ps is it?
    You are on your Ls until you go and upgrade your licence at the RTA, regardless of when you did your MOST, so id wear the fine against your Ls, cop a point, then upgrade to your Ps ;).

    Even if the fine is processed in several months, it will still be dated when you were on your Ls, and should count toward that, not the rules against your current licence... right? Good in theory :p.
     
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  11. The fine doesn't "count" until you pay it. Just get your Ps then pay the fine. Then u will be suspened (car and bike afaik) or contest it.

    Bad luck mate.. My suspension starts tomorrow :(

    They really have it in for bikes in Sydney at the moment.
     
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  12. Rubbish. Old wives tale. Any points loss takes affect from the time of the offence.

    The ONLY way for the points not to be taken is to win the case.
     
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  13. 1) Yes that is true, the points seem to come off when you commit the offence, but the time for which they 'run' to expiry starts at the date they are paid, it seems.

    2) This is incorrect. You can be found not guilty by the local court in NSW but the RTA will still take your license and points, they are a law unto themselves. The only way to appeal the RTA taking your license is to drag them to an administrative appeals tribunal.
     
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  14. Yes, but notification only happens once you have paid (unless notified on the spot), and the suspension only starts from notification. I think what you are thinking of is the closed loophole that allowed someone to upgrade their license so they would have more points to lose. correct me if wrong.

    However, on the rta license application form, it asks if you are suspended or if you have a pending suspension.
     
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  15. Except if you're caught speeding while you're riding on your Ls it's not one point, it's four points

     
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  16. Any speeding offence while on L's P1/2 is 4 demerit points (even for <10kmph over) so unless you're on P2's any offence will make you lose your license.

    EDIT: beaten :(

    BTW even if you somehow get onto your red P's, you will be in serious trouble because you've lied on a statutory declaration that you weren't suspended when you were. Big smacks if they figure it out.
     
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  17. he can probably get away with it if he hasn't been notified of the suspension.
     
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  18. anyway, whats the rush to get your p's? you're going to get suspended whatever the case may be...
     
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  19. Re: am i up s*** creek without a paddle?

    No! Clean records count for nothing when it comes to speeding. Such a heinous crime must never go unpunished!

    To be perfectly frank mate, its your own fault for travelling at such an obscene speed. At 10kph over you're lucky that your bikes axle didn't disintegrate, causing you to spear sharply to the left and plough through some kittens and duckings before bouncing off a group of pensioners and careening through a church full of poor sick orphan children and finally exploding the graves of the Don and Steve Irwin.
     
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  20. Under the scheme, a learner licence will be suspended, or a licence application or renewal refused, for a period of three months if four (4) or more demerit points are incurred within a three-year period.

    The minimum number of demerit points for a speeding offence committed by a learner will be four (4). This means that a learner licence will be suspended, or an application for a learner licence refused, under the demerit points scheme for three months for any speeding offence.

    You can also lose your licence for higher levels of speeding. An additional three-month suspension applies for exceeding the speed limit by more than 30 km/h and a six-month suspension applies for speeding more than 45 km/h.

    Police can also suspend and confiscate your licence at the roadside for speeding more than 30 km/h over the limit or if you drive without a supervisor.

    A learner driver will have the right to appeal to a local court, a decision to suspend or refuse a licence under the demerit points or excessive speed schemes.

    Heavy penalties, including a jail sentence and disqualification from driving, may be imposed by a court if you are convicted of driving while your licence is suspended or refused.

    http://www.rta.nsw.gov.au/rulesregulations/penalties/demeritpoints/demerit_point_learners.html
     
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