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[NSW] Caught Speeding on my P's - Have a few questions

Discussion in 'Politics, Laws, Government & Insurance' started by paulmoran, Jul 17, 2007.

  1. Hi All,

    Well, I am an idiot; let me just state that off the bat;

    There are no excuses for speeding, I know that.

    I got caught doing 96 in an 80 zone in my local national park last saturday afternoon as i went for a quick hour long cruise to take advantage of what has been a RARE dry weekend day ...

    Anyways, im overtaking; whilst coming back into my lane a police car is going the other way, registers me doing 96, turns around and pulls me over.

    He's nice enough to give me a $79 fine for 0-15 ...and not go to the next bracket; I have been on my P's for about 4 months.

    I have been driving for over 10 years without one single speeding offense - TEN YEARS, NO SPEEDING ... and i get done on my bike... very frustrating!!

    Anyways; My questions;

    - Am i part of this new NSW RTA Law that carries an automatic 3 month suspension for speeding fines for all 'restricted' drivers / riders ??? Even though i had my P's well before July 1st 2007???

    - The police man said given my exemplary driving record, he recommended paying the fine and writing a letter to try and have the suspension lifted... But where do I write the letter to ???

    Looking forward to hearing from you all, with your thoughts;

    I just don't want to have to look at my bike for 3 months :(

    Thanks guys and gals



    I have read the NSW RTA website and its very non-specific and not too helpful.

    If I am suspended for 3 months as an example....does that count towards my 12 that I need to be on my P's for...or does it effectivley make it a 15 month stint ?
  2. Heh and that's why I've unplugged one of my cylinders until I'm off my restrictions next month :).
  3. Why are you on your P's if you've been driving for 10 years?
  4. been driving since '95 ... i turn 29 this year ...back when i got my license it was a LOT easier; L's for 6 moths, P's for 12 months - shebamb ...full license ...
  5. We have another candidate for the first one to loose the licence under the new P laws.

    :LOL: :LOL: :LOL:


    PS: Just joking, good luck with it.
  6. I only just got my blacks (10/07) and i didn't ride my bike for the first 10 days of this month as understood it to be an instant suspension.

    Good luck
  7. yeah, not sure EXACTLY what the situation is, but should you be one of the first to get the instant suspension - definitely apply in writing for it to be overlooked due to a clean 10year record. otherwise you will be off the road (yes, car too) for 3 months.

  8. my understanding is that it doesn't apply to a fully licenced driver?

    contact the RTA and get 3 different stories lol

    It will turn 12 months into 15.. i was planning on riding for 4 days in 12 months :LOL: :LOL: :LOL: ... then i out that it doesn't count towards your time on your P's :(
  9. You are going to lose your riders license for 3 months and possibly your car license as well, just not sure how P1 riders are affected if they hold an unrestricted class "C"..Bye Bye

    You will have 2 chances of writing to

    Infringement Processing Bureau
    PO Box 999
    Hunter Region mail centre

    And getting off..

    Buckleys and none
  10. dem's the breaks
    (or lack there-of)
  11. A good driving record for 10 years? Booked for 16K over while overtaking? Loosing yor car as well as bike license for 3 months?

    My advice: Contact a good lawyer who is well versed in the new laws to understand exactly what your position is, and explore your options.

    PS: The Officer wasn't being nice by only charging you 10-15 over the limit, he was just applying the speed camera or radar tolerance that he must by law. Don't rely on Police advice, pay for some independent advice.
  12. You in Sydney??? Talk to Mark Stenberg at Lawstop Solicitors (they have an advert in the back of Two Wheels mag every month), they specialise in m/cycle stuff.
  13. NSW Police are under no obligation or operating procedure that instructs them to apply any tolerance whatsoever.
  14. Is that right? So in NSW all speed cameras are 100% accurate all the time. This despite evidence that the manufacturers instructions recommend applying a tolerance?

    That's a bit sad, isn't it.
  15. *I got this one TWEET, me ol' mate* :LOL:
    i didnt see him say that they were 100% accurate, he said that there was no obligation to apply any margin of error. this is correct.
    tweet knows because he is from the dark side :shock:
  16. How can i possibly loose my car license as well ? The penalty caries 4 points with these new laws and a miniumum 3 month suspension.

    I have a gold driving license and have had no speeding infringements ever in over 10 years off driving.

    Worst case sceanrio for me is $79 goooooone and a 3 month suspension from my bike - My license points total will go from 12 to 8 ... my car license is not in danger ...

    My 'hope' is that my suspension will be waived on the basis of my flawless driving record which i have ... that remains to be seen ...


  17. Thanks Joel :p

    Yep, I understood what Tweet said, and I thought it was sad, but I didn't say he was wrong. If the Police don't have to allow for a known error in the measuring device by policy, then you poor suckers up in NSW are totally at the mercy of the Officer involved. Anyway, my advice to the OP remains the same. Get legal advice and/or clarification.

    I appreciate Tweet's input on the forum as a representative of our law enforcement community. Mostly he doesn't even piss me off, though sometimes his responses are a bit brutal. :grin: Thanks Tweet.

    EDIT: BTW, in Victoria our licenses are linked. They are one license in fact. I believe this means that if you loose your license for any reason, you can't drive or ride for the period of the suspension. That is certainly what happened to someone I know who very nearly lost their bike license, and would have lost their car driving rights at the same time.
  18. it is my understanding that you technically only have one licence. if you break the rules pertaining to any conditions of any of the vehicles that you are licenced to operate that are subject to suspension, you have your licence (C and R) suspended.
    otherwise, on the last two suspensions that i have had :roll: :( i would have still been allowed to operate a motorcycle, as they were both related to >30km/h in the car.
    it is like a truck driver; whilst operating a heavy vehicle they are to have a BAC less than 0.02% but when they drive their car (assuming they have full licence of course) the limit is 0.05% however a breach in either that is significant enough to impose a suspension will be a valid suspension for BOTH types of vehicle.
    i await correction :)

    edit- on my RTA printout (for work purposes) it clearly states that the suspensions that i have had were for licence number XXXXXXXXX.
    you will notice that you only have one licence number ;)
  19. I think that's right Joel... seeing as they didn't make the system "Oh, you have one point on your P's" they said 'Speeding = lost license'.

    As far as different BAC levels goes, I asked the local police what the go was [I have full car license :arrow: .05 limit, and bike P's :arrow: zero tolerance].
    They confirmed: if you have more than .00 but less than .05 and you're in the car, you're fine. Anything on the bike and you're in trouble though.
  20. while i see your logic; im sure this cannot be correct; If it is, its the most ridiculous law i have ever heard off ... watch the HUGE decline of fully licensed drivers contemplating throwing a leg over a bike in NSW ... why would anyone in their right mind risk their full car/truck/whatever license to risk doing 51 in a 50 zone and lose it all ...surely it cant work this way.

    With the amount of money the RTA has pumped into this new law and its accompanying advertising etc ...they sure have left a lot of grey areas ... I still have no letter yet too ... until i get that, im in limbo ...

    Even the cop didnt know what was going to happen LOL

    At least ill be chartering this territory for the next poor sod in my position ;)