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NSW Speeding on a P1 license

Discussion in 'Politics, Laws, Government & Insurance' started by lillilster, May 26, 2012.

  1. I'll get to the point quickly. I was pinged by highway patrol radar at 78 in a 60km/hr zone. and I was pulled over soon after. I told them I was heading home from work it was 11:30 at night and I just slipped over the limit without even thinking about it and it would be a pitty to lost my licence over it. They ended up giving my a fine for <10km over the limit for $93. I told him that I thought a P1 licence holder always gains at least 4 demerit points for any speeding offence but he insisted the fine only had 1 demerit point. I just checked on the RTA website that P1 licence holders lose 4 demerit points for a <10km over speeding offence. The fine I was given doesn't specify the points.

    The question is, is it actually possible to only gain 1 point for speeding on P1 licence? Do police have discretion over demerit points given with fines?

  2. Nope, once the fine is processed you will automatically loose 4 points.

    If your close to finishing your P1 phase, try delay the fine by appealing, and delaying the court date..
  3. Makes me glad I grew up in a country town back in the 90s and went from Ps to fulls with no hassles.
  4. Sorry buddy, his told you 1 point so you don't stand there whining about loosing your license and he can go back to trapping more people.

    I bet you he told you he rides a motorbike too and understands how easy it is to speed on one.
  5. #5 Ljiljan, May 26, 2012
    Last edited by a moderator: Oct 24, 2015
    Thought you would have learnt after last time mate.

  6. Sounds like a good cop to me, OP admitted to almost doing twenty over and he was only fined < ten over??

    Pretty sure any speeding fine on P1 is auto loss of licence, been like this for a few years.
  7. You can save a few bucks by purchasing a monthly train ticket...
  8. I suspected as much. Yeah only a few weeks until my P2, I'll send a letter to sdro first and get another 21 day extension when they decline my plea of good character. That will leave me with 1 demerit to move around with on my P2.
  9. Let us know if it workS as I have been told that loophole was closed.
  10. Probably better investing in a pair of cross trainers
  11. I got done when on my P1, for 78 in 50 zone, estimated by cop. Anyway got license suspended for 3 months. Any speeding offense is a minimum 4 points and therefore automatic suspension.
    One other thing to note, I had my full car license and the suspension only effected my p1 bike license. Could still drive
  12. While I have seen this work previously, have not seen/heard of anyone doing it recently, so I can't comment on that.

    However, the RTA (sorry, RMS) are the last ones informed of the infringement - because, the person must accept responsibility for the infringement by way of paying, or being found guilty by the courts.

    Only then, can the information from the infringement be passed on to the RMS for them to deduct the points. If you have upgraded your license during that period and gained additional points, I don't see how they can backdate the demerit points as you no longer hold that specific license class - this should leave you with 1 point remaining.

    Either way, it's worth a shot - the worst is you end up with a 3 month suspension and a small fine. The best outcome is the information that you keep your license and provide us with information if it still works or not.

    Good luck.
  13. Here's some handy hints for all in the same situation. Once you pay the fine, the RMS will send you a notice of suspension of licence. As a P-plater you are given a chance that full licence holders don't get. Take that notice to any Local Court and lodge an appeal against the suspension. Do this within 28 days. The matter will be listed for hearing in front of a magistrate a couple of weeks after you lodge the appeal, and the suspension will be stayed , that is, you can drive until the court date. Now, on the court date, don't drive to court just in case your story doesn't sway the beak. Bring some written evidence with you showing your need for a licence, for example you are the primary carer for your old grandmother and you need to drive her to regular doctor's appointments. If you have a convincing story and a sympathetic magistrate you could end up having the suspension totally quashed or significantly reduced. You will however have to put up with a stern lecture from the bench.
  14. ...... Before they throw you in jail and you get to share your cell with a big black homosexual man named bubba. Your only consolation will be that he sends you a bunch of flowers on valentines day.

  15. he sends you flowers!
  16. or get the pushbike out?
  17. I'm sure what you say is right. I think the RTA may backdate demerit points (in any case P1 and P2 licence holders gain demerit points in the same way) to the amount of points you incurred when were issued the fine but they wouldn't backdate a licence suspension as if you had the limitations of a licence that you no longer have when you are issued the points.

    So what is the chance p-platers have that others don't have*? That the suspension is stayed until the court date? This is good advice and I might ask a magistrate to wave the demerit points; it's my first speeding offence, and saving demerit points gives me more of a chance of being successful with some potential job opportunities in the future.

    * The chance is that you can lodge an appeal to court, I get you.
  18. Good luck. What is your excuse to the magistrate going to be? The law was specifically changed for P1 road users to address speeding. Any speeding offence during P1, licence gone, simple as that.

    I just don't see what play you have. Keep in mind if you lose the magistrate will make you pay court costs.
  19. From my experience, magistrates are very, very reluctant to grant s 10 (1)(a)'s for speeding offences with P platers (this means no penalty, no conviction - the best you can get essentially. HOWEVER, the offence is still proven, this has certain impact when you are entering into insurance contracts or some jobs where you need to drive... Check carefully how they word their question as many will not insure you with a speeding offence even if there was no penalty imposed ). I did however, witness a guy who had been charged with 45+ once before and was in court for his SECOND and got the disqualification down from 2 years to 12 months.

    Good luck, but I don't rate your chances. You may want to get legal representation and dress well and appear to have 'learnt your lesson' etc. If you have any previous traffic history fuhgedabowdit.

    Also bear in mind magistrates can increase the amount you are fined with, but in my experience it's quite rare.

    EDIT: Just read your other thread - don't bother trying to take it to court unless you want to hear a magistrate bang on about how Peter Brock also died from speeding and just generally patronise you. You've got next to zero chance with two other speeding offences - sorry :(