Fines Act (NSW) and interstate licence cancellation

Oh Wise Group Members (and the rest).

I've perused the Fines Act (1996) NSW (Sect 66) regarding non-payment
of fines and Suspension or cancellation of driver licence.

http://www.austlii.edu.au/au/legis/nsw/consol_act/fa199669/s66.html

What powers does the RTA (NSW) have to influence/cause cancellation of
a licence issued under another Australian jurisdiction (eg Victoria) ?

The definition of "driver licence" does not specify (indeed, is
otherwise covered as a subcategory of "Australian Driver Licence").

(quote)
(1) The Roads and Traffic Authority must, without further notice,
suspend any driver licence of a fine defaulter against whom it is
required to take enforcement action for the balance of the period of
the licence.

(unquote)

Definitions:
"driver licence" means a driver licence under the Road Transport
(Driver Licensing) Act 1998 .

( http://www.austlii.edu.au/au/legis/nsw/consol_act/rtla1998340/ )

and refer Dictionary.

For those that know, you know where to go from here.

The usual disclaimer applies..it's not for me but a friend (no
really!) and it relates to historical record affecting determination
of eligibility for current licence status/upgrade.

In short...can the RTA have an interstate licence cancelled (or deemed
cancelled) for the purposes of the Fines Act (1996).

eg. got an unpaid NSW parking fine for NSW registered vehicle, vehicle
registered to a non-NSW licenced driver.

 

AFAIK only the jurisdiction which issues your licence can suspend or
cancel it. When you commit an offence for which the penalty is a loss
of licence but you are in another state, for eg if you have a
victorian licence and committed the offence in NSW only Vicroads could
take your licence off you, but the RTA or the courts in NSW could
revoke your authority to use your victorian licence to drive -on NSW
roads only- for the duration of the suspension. These days with the
national database in place, no doubt vicroads will apply any
reciprocal penalty for offences committed interstate.

Nev..

 

Well I'm clearly in "the rest" but for my two cents

- The NSW legislature can only pass laws for governance within NSW and
only to the extent those laws aren"t over-riddn by commonwealth laws
which are within the c/wealth's power to legislate on.

- States can agree to pass mutually recognised laws - that is a legal
status in NSW can be legislated by the victorians to have the same
status in Vic

Therefore
a) NSW can cancel your ability to hold a valid NSW licence (even if you
don't hold one)

and

b) they can advise the vics of that status and if vicroads choose to do
sp and they have the right to do so under vic legislation then they
*may* be able to cancel your licence in victoria - check austlii as to
whether any legislation of that type is in place (I'm only aware of an
agreement to transfer demerit points so it may not exist)

 

 When you commit an offence for which the penalty is a loss

http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtlr2008431/s55.html

(4) The Authority must suspend or cancel a person’s driver licence in
accordance with:

(a) an order made by a court in Australia, or

(b) a law in force in this State.


Assuming Victoria has reciprocal arrangement, then the Fines Act (NSW)
would not be adequate to cause cancellation of a Victorian licence (as
a court order has not been made).

I have also garnered more clarity in the use of the terms:-
i) "Australian driver licence"
(ii) "driver licence".

The NSW legislation refers to the former ("Australian drivers
licence") when determining, say. eligibility for transferring a
licence from interstate.
The latter form "drivers licence" specifically/consistently only is
used pertaining to the adminstration (under NSW jurisdiction) of
aspects of a NSW "driver licence".
The Fines Act does not specify "Australian drivers licence"...only
"drivers licence".

 

So this doesn't actually cause a cancelled/suspended NSW licence ...it
was never issued to start with.
So once the (NSW) fine is paid, the Victorian licence holder is issued
a NSW licence...result..continuously licenced and no cancellations/
suspensions of licence in either jurisdiction.

Yep, found some..see my prior posting..NSW must cancel a NSW licence
if such order is made by any Australian court. I assume reciprocal
Victorian arrangements.

 

You didn't read what I wrote, NSW can cancel a NSW licence even if you
don't have one (you get a pre-emptive ban - if you try to obtain a
licence during the period of the ban they suspend the licence before you
get it) I think you'll find this action is the necessary trigger to
allow the reciprocal bannings to take place.

Bollocks, nice try fail.

If the legislation interlocks sufficiently then a pre-emptive ban locks
in and when you try to transfer it you lose that licence and your Vic
licence.

I know that happens between QLD and NSW because I know someone caught by it.

Assumption is dangerous, you might want to check.

 

I did indeed ..and found that Sect 68 of Fines Act perfectly covers
it.. your "pre-emptive banning" just doesn't cut it..legislatively..in
the context of this subject, being the Fines Act.

There is no licence "ban" in place or period of suspension.

I boldly assume that you have expanded the scope of licence
restrictions to include traffic matters such as dangerous/neg driving,
drink and such that do invariably result in a court order involving
some aspect of ban, suspension, cancellation and or restriction.

I raise your bollocks and toss in some meatflaps.

http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?TITLE="Fines Act 1996 No 99"&nohits=y

Sect 66 (doesn't consider pre-emptive cancellation) and Sect68 (does
cover refusal to issue licence until debt paid).

No...you merely cannot transfer the licence as RTA refuses to deal
with the person until the debt is cleared with State Debt.

Under the Fines Act? Wherein no court order anywhere in Australia has
been made to cancel, ban, suspend or restrict a licence?

 

So if the same points were allocated to a licenced person then would
that number of points be sufficient for cancellation?

**Unpaid Fines **
And in Queensland, if you have an unpaid fine (to Queensland Gov) you
also cannot transfer to a QLD licence (the Form actually asks you if
you have any unpaid QLD fines) AND YOUR INTERSTATE LICENCE is
considered not valid in Queensland...not cancelled..just the "right to
drive" is suspended, after the relevant Notice period...sending you a
letter to your NSW address.

http://www.sper.qld.gov.au/licence_suspension.htm

This is not the case for NSW or Vic afaik

 

ehehe...this about sums up the attitude and level of training at NSW
RTA.

Someone reportedly walked into RTA to dispute a decision and the RTA
person stated (after being flummoxed with fact, clearly wrong
interpretation of RTA documentation and inability to explain even why
the decision was made);
"well we can make up our own laws you know"
........really??? Always thought that the NSW parliament was a
superfluous body of lawmakers.

 

I think this relates to the situation i referred to in my first post,
where the QLD authorities do not have the ability to cancel your
interstate issued licence but they can revoke the authority for you to
use your interstate licence in QLD for the duration of the
suspension.

Nev..

 

On a slightly unrelated note, a few weeks ago in victoria there was a
court case involving a bloke who lost his licence for accumulated
demerit points. He had accumulated the demerits from speed camera
fines. He argued in court that he had paid the fines because he could
not nominate another driver, but he stated that his payment of the
fines incurred in his car was not an admission of guilt of the
offence, it was merely because the options available do not allow for
a situation where you were not guilty of the offence but could not
nominate a responsible person. The court ordered VicRoads to
reinstate his licence and remove the demerit points from his licence
history.

 

http://www.rotorburn.com/forums/showthread.php?t=126903

If this is the case then the error may be due to a misspelt name (eg
speeding fine, officer records address correctly but misspells name.
Computer spits out letter to correct address but is unforgiving on
matching up the name. If it was me and I had to go to QLD, I'd just
take the letter and my valid interstate licence (of course) rather
than bother to contact QLD transport.

 

In NSW a court can dismiss traffic charges but has no power to dismiss
the demerit points....go figure...all in the name of saving lives of
course.

http://www.theherald.com.au/news/local/news/general/magistrate-slams-rta/1060031.aspx

 

He drives a Commodore - he had it coming. ;-)


BTH

 

My experience of the way that IT works in government departments
tells me that the extent of the QLD authorities capability to
determine whether or not one's authority for you to use your
interstate license in QLD at any given point in time will
extend only to the answer you give to the questions "Has your
authority to use your interstate license in QLD at this
time been revoked?" and no further.


GB