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[NSW] Licence Re-suspension? *Updated with resolution*

Discussion in 'Politics, Laws, Government & Insurance' started by MitchRohr, Apr 15, 2009.

  1. So long story short, I did bad last October. Lost 10 points for speeding, +660cc bike and no red p plate. Along with the massive fine I copped, I also copped a 3 month ban, which in hindsight was definately called for. I got the letter in the mail saying that my licence would be suspended from the 10th of Jan till the 10th of April. Cool, I thought. That's not too bad.

    Today I get home and there is ANOTHER letter of suspension saying that my licence will be suspended from the 14th May till the 14th of August. This really put a downer on my day, however there are a few things that don't add up.

    The first letter explains that the suspension is because of the p plate one and the speeding. This new one says that the third offence, the +660cc one, is the one that i am losing it for. Now these 3 offences were from the same officer, at the same time. Does that not mean that the 3 offences should count towards the same suspension? It states very clearly that 'A P1 licence is suspended for a period of 3 months if the holder incurs 4 or more demerit points during the currency of the licence', but it dosen't state an upper limit.

    If anyone can give me some advice it would be greatly appreciated.


  2. after looking over the relevant laws that i could find, and any suspensions/demerit points associated for a Provisional rider, the only thing i can think of is they are applying the 6 points from the first two infringements you mentioned, you get suspended for that, then another suspension for the 4 points for riding outside your class limit.

    i would argue as all offenses occured on the same date, all points should be applied at once, thus you suddenly went 10 points over.

    and as you mentioned, although for unrestricted licence classes which have different points intervals for different lengths of suspension, the RTA website purely says you will receive a 3 month suspension for exceeding your demerit point limit. no maximum mentioned anywhere, thus you should be able to receive all 10 points at once, cop your 3 mnoths off, and be done with it...

    be interesting to know why they're doing this. anyone with a good knowledge of NSW Road Rules/Penalties?
  3. Isn't this the same as the Vic laws where if you exceed a certain speed you get an automatic ban and then if you exceed the 12pts you pick another ban up? Or have I made that up?
  4. Hey, I posted my comment AFTER Paul's, yet it appears before....

  5. paging tramp....
  6. wtf? Paul has a regenerating post, has to have the last say :LOL: :LOL:

    i think that may be Vic that does it, for our speed ranges anyway.
    NSW currently have 15km intervals, i wouldnt be happy at all copping 3 months off for 16km/h over. pretty sure the OP didnt do over 30km/h over, otherwise they would have received more demerit points.
  7. not sure if same for nsw but i did think i came across recently in some qld transport browsing that if you lose more points than the max (eg 4 or 12 depending on license) that when you lose your license the points over that value count towards your points when you get your license back so if you have accrued enough to lose it again you will. otherwise if people knew they were going to lose their license they could just have no regard for the law and do whatever and accrue 100 pts before sentence handed out and only cop 3 month suspension or whatever it is. so basically you have to pay for all points accrued. not 100% but pretty sure this was the deal in qld.
    :) ivy
  8. On the NSW RTA demerits page, it says that any points not used in a suspension may be used later, but it states that they will be used on an unrestricted licence. I wouldn't mind that, because at least then I would still be able to ride. Using leftover points to create a whole new suspension seems to me to be completely unfair. If I was carrying a pillion, then would that have added up to enough points to see me suspended 3 times (with a month in between) consecutively?

    Another point I would like to mention is that I actually rang the RTA last week to confirm the date in which I would be able to get my fulls (was that excited, I had a route from the Putty road all the way up to wingham planned because I got my fulls on a friday) and they said 5th June, no problems. (That date includes the time I had left on my p's before i got the original suspension, roughly 80 days, which gets tacked on the end).



    b.t.w 4 pts for between 15 & 30 km over, 4 pts for 660+ and 2 pts for no p plate.
  9. From the RTA website, it appears that you got done
    1. For speeding (3 months).
    2. Then you'll get another suspension cause you racked up the 4pts for having a 660+. Read more on it here Restrictions for P1 driver licenses.
    3. If it's like the Victorian system, you might cop a further suspension for having accrued over 4 points (I'm assuming that no red p plates meant that you held a P1 license?).

    And no, they don't make you serve it at the same time. It's all served consecutively. I'm not too sure but I don't think that you will get your fulls on 5th June. I think you'll still have to make up the time that your license was suspended. So that if you were suspended for 3 months, you will get your fulls on 5th Sep. Could be wrong though :)
  10. Just got off the phone to the RTA, apparently because I didnt pay the 3 fines at the same time, means that the first suspension was being processed before I had a chance to finish paying. I'll try writing a letter to the licence review unit but I'm not sure that it will be very effective.

    Think i'll write a long winded thread to try and deter people who want to risk riding a non lams bike on their p's.


  11. Young blokes get priority over us old blokes :LOL:
  12. it is irrelevant when suspensions are paid, the date that matters is the date of offense.

    otherwise people who commit an offense close to getting their full licence, or close to 3 years since their last points, will wait a while to pay, to ensure they dont get suspended or whatever.

    i'd call back and check up on this. i know this is the case in Vic, i'd be disappointed for you, but would prefer it this way down here, it gives you a little bit of input to the outcomes if that is the case.
  13. you aren't guilty until you pay the fine or a magistrate finds you guilty. By paying 1 fine, he has effectively pled guilty to one fine and that has then set the suspension in motion.
    There used to be a loophole in NSW (first hand use therof) where you delay paying a fine until you get more points back then pay the fine. the date of effect is still the offence date, but because the "guilty" verdict is when you have the points available you kept your license. Slowly but surely the loopholes are closing.
  14. worth a try still i think, maybe go in in person and talk to someone a bit more senior than one of the folks at the counter or something, try n work it out and your options.

    otherwise i spose its just shit luck for paying them seperately, and in the end the price you pay running the risk riding outside your class :?
  15. Non payment of fines in Vic results in them automatically presuming you are pleading guilty and the fines and points rack up anyway.

    I have a few outstanding and spoke to civic compliance a few months back , they told me how much I owed and how many points I have.
    Payment is immaterial.
  16. As far as i understand it here in NSW, if you get several fines in the one hit that causes the suspension of your licence, then all points outstanding will be held over until your licence is active again, then they will use those points to suspend again. Has happened to 2 mates of mine in the 1 1/2 years one car and one bike.
  17. So today I get home from a hard slog at Uni, thinking about the dream I had last night about riding my bike, when i look in the mailbox and see a soggy letter from the RTA.


  18. well done mate. shows we dont have to bend over and take it. it has happened to a few of my mates where multiple fines were recieved but they didnt have the money to pay them all at once. they copped the two suspensions.

    Even if they occur on different dates, but they turn up at same time and get paid at same time, it still only counts as one suspension.
  19. Good work. I would carry that with you when riding /driving for a while because if the RTA are anything like Vic roads it may be a while before the computer database that is accessed by the police is updated. This way you won't be stuffed around so much.