Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

NSW Second suspension following on the spot loss!?

Discussion in 'Politics, Laws, Government & Insurance' started by Suds, Jan 13, 2013.

  1. Hey guys, don't really post up here much but i have a question someone surely can answer.

    I'm a p1 rider and was done up at old pac for speeding 45km or over in a 60 zone, also got me for not displaying p plates as it legitimately snapped off. My mate was riding up infront of me slightly quicker and the copper got him on radar for 112km/h, then judged my speed of his. I've copped an instant 6 month suspension which is due to end feb 5, Im sure ill get a second suspension in the mail a few weeks after, whats the likelihood of this holding in court as its like getting punished twice? I have already lost my job, and ceased my commercial pilot training due to the workload getting higher and me not being able to attend frequently, as Im in sydney city and fly out of camden.. My life has turned to absolute shit..

    Is it atleast possible to get my license back on the day for the appeal period? and would anyone know if this second suspension will be 6mths or 3 mnths?

    I appreciate any replies greatly.
  2. 45 Kay's over in the best-known 60 Kay zone in the state?

    Serves you right! You should cop,an extra fine for plain old-fashioned stupidity.
  3. P plate defense might be possible. There's another thread on it https://netrider.net.au/threads/fined-for-no-p-plate-fell-off-looking-for-advice.95916/
    If you get off that then at least you will save a few $'s.
    The 45 over is a different story.
    from http://www.rta.nsw.gov.au/usingroads/penalties/speeding.html

  4. #4 Mikey213, Jan 14, 2013
    Last edited: Jan 14, 2013
    he may of been speeding and got done for it, but you don't need to talk to him like an arsehole... dude just said hes lost his job and can't attend courses.

    have a little respect, hes asking for help... not for you to make him feel worse.. i'm sure hes suffering enough..

    as for op, sorry to hear... i can't help but hornets reply is just pathetic.. inb4 hes been driving for 60 years and blah blah blah, never done anything wrong blah blah blah, knows more than everyone blah blah..


    hope it all works out for you dude and you get your life back on track.
    • Like Like x 6
  5. if your smart enough to achieve all that you have in regards to work and attending commercial pilot training at 18 then you should've been smart enough to know not to speed 45 over in a 60 zone on one of the most notorious highways in australia. and mikey.....it's his own fault ....if it was say 20 or so over in a 80 or 100 zone i would feel bad...but a 60 zone?....45 over? come on...
  6. Hi NotASquid...remember me? I was the Daytona rider who spoke to you at Road Warriors along with your mate on that fateful day. Sorry to hear that this has turned your life upside-down to such an extent.

    What makes you think you'll need to serve a second suspension period? I would have thought the two offences would have been bundled up into ta single suspension seeing as they occurred simultaneously. The exception (where a second suspension period is applied) is when the RMS deem the license holder a habitual offender which is awarded to the recipient for 3 serious offences (i.e.. speeding 45k+, drug/drink offences, police pursuit, etc.) in a 5 year period where a further suspension of 5 years (minimum of 2 with court intervention) is imposed. Lawyers hate this tag as it allows the RMS to impose an extension to the suspension period outside the normal conviction system and one that isn't normally served simultaneously. Apart from that, further offences (ergo, driving whilst disqualified) occurring during a suspension period would increase one's suspension time frame.

    From the tone of your first post, I suspect you're only assuming that you'll get a further suspension - it's not a certainty. Do you have any paperwork or prior knowledge that this (a further suspension) is likely to occur? If you do indeed get a letter to the effect of a further suspension and wish to fight it, enrol in the Traffic Offenders Intervention Program (8 week course - 8 x 2 hours per week) at a local Police Citizens Youth Club holding the course before you attend court to help argue your case.
  7. #7 87crisis, Jan 14, 2013
    Last edited: Jan 14, 2013

    yeah he's probably boned - over 45kms ...6 points...n p plate is 2 points yes? and to memory we only get 4 points on our provisional license?
  8. There is your defence in a nutshell - the copper judged your speed, therefore, he has NO EVIDENCE that you were speeding at all - unless you admitted it IMHO

    Good luck
  9. way to be a wanker.... sounds like you've swallowed the "speed is the root of all evil" nonsense hook line and sinker... all that experience and you still can't think for yourself?
    • Like Like x 2
  10. there's been times that the first suspension is cause of the instant thing... then the points come off and they send you a second suspension for running out of points.... its a load of CRAP but thats the system.

    not 100% sure if thats what they do in NSW or if that would apply if all the points lost was from the one offence...
  11. A common tactic I hear is for the cop to ask (and I did confirm this with NotASquid at the time) "Do you know the other rider(s)?". If you answer "yes" then they like to lump the same offence onto you. Another one I'm aware of (saw it unfold in Road Warriors whilst eating breakfast) is when a radar/Lidar "fix" hasn't been established is to "time" the vehicle over a particular distance. In the scenario we overheard, the cop admitted that he hadn't obtained a "fix" but knew how long the rider took to get from point A to point B. During the dressing down (and license check) by the cop, the rider refused to admit he was speeding so the cop said he was going back to location where the alleged offence was said to have occurred and measure the point A to point B distance. If the calculated average speed was over the posted limit, the rider was told to expect a TIN in the mail. Whether this was a tactic that doesn't hold water and was employed simply to scare the rider into slowing down or indeed it can be used, I don't know for certain as I didn't know the rider in question.
  12. how about you ignore the sob story about what the op lost and look at the facts...he got done doing 45 n over in a 60 zone on old pac

    hornet is simply saying he's a fecking idiot for doing 45 n over in a 60 zone on a notoriously well policed road ...how is that being a wanker...yes it may not be worded the best but i completely understand hornet's mindframe....
  13. Nobody speeds. Nobody breaches road rules. It is always someone else who causes the problem or Police harassment. If you are looking for the easy way out then accept your responsibility, pay your dues, cop it sweet, and learn. It will be gone and forgotten before you know it.
  14. and he was asking about likely consequences.. not asking to be abused.

    on the sob story thing, were you there? he didn't say much about the circumstances. It might be dumb to do 40 over in a highly policed area but that doesn't necessarily warrant abuse.

    I've been pulled up at 110 down St Georges Tce (right in the CBD) in Perth and given a non-official warning. I nailed first to get clear of a bunch of bogans hanging out of commodore at the lights next to me... "fortunately" a the cop was only a car back and saw what was going on (for the previous 2 blocks).... had he been up the road and not seen the whole situation i suspect i might not have gotten a warning. It doesn't matter what the road is or whether there are police there, sometimes speed is the best solution to avoid a situation and to take it out of the toolbox is just stupidity. ... we shouldn't make blanket assumptions just because of the location...

    plus. It's not like he was doing 150... it's pretty easy to hit 100 from 60 as a result of accellerating to merge or avoiding a car changing lane.... we don't know the circumstances.
  15. but.....is this not netrider? ....there will always be a few people that go off topic or make a tongue in cheek comment

    secondly i'm not meaning to abuse the op here...nor do i think hornet was (i could be wrong but seriously just see hornet's post as a tongue in cheek comment.) i use sob story for lack of a better word....him posting more about what he's lost rather than more info about the actual incident just seems to warrant the term...we all play with fire trd....and sometimes we get burnt.....hopefully op never has such an incident again.
  16. Is there no public transport between Sydney and Camden? If you've no job now, doesn't that mean you have more time to do the training, rather than less? Seems a shame to let this totally screw up your life. Best of luck.
  17. Experience? Thinking for myself? Yes, for over 50 years, thank you.

    I don't give a hang what the speed limit is, there, or anywhere else, I just know that whatever it is, if you're stupid enough to exceed it by nearly double, especially when it's the best-known speed limit in NSW, then coming onto an internet forum and asking for pity is pumping a dry well.

    So advice is wanted? Pay the fine, man up and live with the inevitable consequences of your stupidity, and think it next time you get to ride, whenever that might be.......
  18. I also have zero sympathy on this one.
    That kind of blatant speeding in a known hot spot is always going to end in tears.
    You are enhancing the stereotype of motorcycle riders being law breakers and urban road terrorists bringing down more attention
    on the rest of us that go to that road the enjoy it and who end up getting caught for doing a couple of K's over while riding within their capabilities.
    You are an inexperienced rider NOT a racer on public roads putting yours and MY life in danger.
    I have lost count of how many times I have shit myself when someone just like you has run wide coming around a blind corner
    coming towards me at speed .

    Do us all a favour and sell your bike .
  19. Have to agree with the theme of Hornets post here. There is nothing in the OP that suggests anything but self pity, go see a lawyer would be my advice.
    And by the way mate, if you do something stupid and post it on the net, expect some flack, that's the way this thing works.
  20. I don't have much sympathy either. The Op was clearly trying to ride well above his skill level and things could have very easily gone far worse.

    But I don't think the OP is actually asking for sympathy but asking for advice. As far as I know you will only get one suspension. Otherwise 45 over would carry an automatic 10 month suspension for P platers as you exceed your points and get the auto ban.

    If you do get another one it will only be 3 months and not 6 months.