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VIC speed camera fine but already lost licence

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by JimmyD, May 7, 2012.

  1. hi all,

    just trying to work this one out.

    i just lost my licence for 3 months starting last week, on a probationary licence so can only accrue 5 points in 1 year or 12 in 3 years. i got 6 points so took the option to walk for 3 months rather than 12 months good behaviour.

    today i got a letter in the post, allegedly i got detected by a camera in the start of april for speeding. a 3 point offence.

    now my prior history isnt good, from memory i already have 9 or 10 points in 3 years without these extra 3.

    so regardless of it being 9 or 10 points, will i get another option letter in a few weeks or will it come after i have served my current suspension?

    cheers.


     
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  2. which state?
     
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  3. You just can't help yourself, can you!? Haha, well hopefully it just means a fine and not a additional few months sans bike
     
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  4. Hoho.. VIC.. you're screwed buddy!

    So, if I understand it correctly, you're serving a 3 month suspension because you accrued more points than you're allowed to.. But.. you only accepted the terms of your surrender.. I mean suspension last week, which was after you got snapped by a wheelie bin..

    From memory, the incident which ultimately lead to your suspension happened in March.. about 3 hours after you registered your hoon-machine.. ??

    So effectively, since you didn't admit guilt (ie pay the fine) you were still legally allowed to drive/ride until such time you paid, and a suspension period formally issued.

    They cannot touch your license until you are proven guilty, and that you understand and accept that you are guilty of breaking the law. (with certain exceptions like, oh I don't know, hooning!.. seriously though, more serious stuff like things that carry an instant suspension/confiscation of your license.

    1. Demerit points maxed in March
    2. Happy Snap in April
    3. Accepted terms of suspension in late April
    4. Official suspension period starts in early May
    5. Letter of happy snap incident received today
    6. Haven't accepted kodak moment charges

    So this is where we are now right?.. Even if you were to accept the charges in person today, they cannot apply the points to your license as it is suspended. What will happen is as soon as you're off your suspension in 3 months, your license will be reset back to zero points; however the 3 points from the donut vending machine will be applied immediately, which means you start your fresh license with 3 point slapped on it... thus one more incident (worth 2 points) and you will be suspended again.
     
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  5. yeah that sounds about right.

    but im not sure whats the go with the points, as with P plates you can lose your licence for accruing 5 points in a 12 month period, and 12 points in a 3 year period.

    thats the thing that will get me again i think. i think i've had 1 x 1 point offense and 4 x 3 point offenses since i got my licence in 2008, trying to remember when my first offense was is the hard thing. i think my 1 point offense was more than 3 years ago but one of the 3 point tickets happened only about 2 years ago.

    at least i will be fit from cycling everywhere!!
     
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  6. Well when I got my license there were only learners, P's and fulls, and no rubbish in between. so all the point counting you guys have to do these days confuses the hell out of me

    Lets just use a 5 point threshold as an example, where you will lose your license when you get 5 or more points.

    If you get 5 points, you either lose your license or go good behaviour.

    Lets say you already had 4 points sitting on your license.. you then get invited to the disco by the red and blue, which carried say 3 points.. the total of 7 has thus pushed you over the limit, and therefore 3 months suspension due to demerit point accumulation.. when you finish serving the 3 months, your license will be reset back to zero, even though technically you were 2 points over the limit - they cant divide the points up, otherwise this can cut both ways (ie i'll take 2 points now, and take another one next month cause by then, the points I received 3 years ago will be removed)

    however..

    So.. until you finish your 3 month suspension, they cannot touch your license to attach any more points, and since it will be a clean slate, you will just have to be very careful not to lose the 2 points you have left.

    Source
     
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  7. To clarify the Probation bit.. "learner permit or probationary driver license and you get 5 or more demerit points in any 12 month period or you get 12 or more demerit points in any 3 year period,"

    Meaning you are allowed up to 5 point in any 12 month period.. so say your first offense was in Jan 2010 which carried 3 points.. as long as you do not get another 2 or more before Jan 2011.. you're sweet.

    Say your second offense occurs Feb 2011, carrying 3 points.. as long as you do not get another 2 points before Feb 2012.. you're sweet.

    Say your third offense happens in Mar 2012, carrying 2 points... and another one in April carrying 2 points again.. as long as you do not get another 3 points before April 2013.. You're sweet

    Even with all the points added together, the 10 points is still under the 12 within 3 years.. and besides.. in Jan 2013 the three you got in Jan 2010 will be removed anyway.
     
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  8. I dont know about NSW,

    But here in Vic, you lose your points for 3 years, not 1 year.

    P's. I dont know about either,
     
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  9. Sorry to hear mate. I can't provide any insights about your original question as I don't know the law enough but I certainly empathize with the feeling.

    Hope the 3 months fly by and don't bother you too much. It's unfortunate but that is how the state of affairs is when it comes to motorcycling in Vic..... Er no all of Australia. :(
     
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  10. 3 years in NSW, too. (Frankly, I'm surprised at that. - If they let you have your points back every 12 months they'd have more opportunity to hand out fines. It's unlike the NSW Govt. to let revenue pass them by...)
     
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  11. You don't get your points back every year.. P's are allowed to accumulate up to 4 points per 12 month period and still allowed to drive. I am assuming that the P2 license gains additional room for points after 12 months, so after the first 12 months, the driver can accumulate another 4 points within a 12 month period and still be able to drive.. If the driver had accrued 4 points in each year, then in the span of that 24 months, the license will have 8 points on it; however they still keep their license to drive.

    If the driver had gotten 5 or more points within any 12 month period, their license would be suspended.
     
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  12. Just on this thing I've seen a bit lately by riders and car enthusiasts about this "if you don't pay then the demerit points don't accrue"... the only way to avoid demerit points in Victoria, is to object and prove in court that the infringement doesn't apply. If you don't object, the points will be applied and then the state will come after you with ever escalating costs to get the fine out of you.

    So if you do object and happen to stall the settlement of the case for years, but it finally settles as a conviction, do you miss out on a suspension? Nope. If the big brother computer notices more than an accrued number of points in a date specific tally window, without a corresponding tick in the "served suspension" box, you will get a letter to serve a suspension or serve the golden point scenario.

    Strict liability and guilty before proven innocent.
     
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  13. Same with NSW.

    If you don't pay, then the SDRO just keeps hounding you until you pay. I believe you only have a limited time frame to which you can contest the infringement (28 days?) then a reminder (another 28) then if you still ignore it (ie not challenge or pay) then the charge is enforced and the points will be applied. if this pushes you over your threshold, then you will effectively be driving with a suspended/canceled license.

    You will not be able to renew your license or vehicle registration until all outstanding fines is paid - which includes parking fines.
     
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  14. Hey JimmyD, I remember that day, didn't you lend me your bike?

    $100 per point should cover it, plus you pay the fine.
     
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  15. Dont try it now that you have let them know what your doing,
     
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  16. My points are worth much more than $100ea to me, but he gets the idea. :)
     
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  17. This doesn't apply to the OP since he is in Vic but ....
    AFAIK a major difference in NSW is that P platers have a right of appeal against a suspension. I think this is because P Platers in NSW can't elect the 12 month 1 point option.

    I reckon it suxs in NSW that the SDRO can have your license suspended for not paying a fine. Some of the fines they can do this for are totally unrelated to riding or driving. There have been a few caught out not knowing they have a fine (Council elections or whatever) and they suddenly find out they have had no license for 6 months.
     
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  18. Pity it wasn't a company car.
     
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  19. the hard decision i'll be facing soon will be to take another 3 month suspension period or be a good boy for 12 months.

    with the laws how they are, if you have your licence suspended and are a p plater your time on p plates will be extended by the length of your suspension plus an additional 6 months.

    i was due to get off my P's when i turn 22 (P's for 4 years down here).

    im now on a 3 month break so does that mean when i get my licence back i will have an extra 9 months p's period added onto what i had left?

    basically, the 9 months extra plus the 3 months i had without a licence means that i will have to be 23 before i get off my P's??

    so with that in mind, if i take another 3 months suspension that will mean i will be 24 when i get off my P's??
     
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  20. See you on the bike paths. I'll be joining you in the next few weeks. At least we can mono and not get a ticket ;)
     
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