Loss NSW license, points when I didn't even have one!

G'Day folks.

Anzac weekend 2 years ago I got done doing 82 in a 70 zone... for
those that are interested it was with a hidden camera going south on
the Heathcote road through the national park where there are no
intersections and it goes over a bridge.

I paid the fine.

This Christmas I got done again going North on the Heathcote Princess
Highway 89 where it goes from 100 to 70 but on the other side of the
road it's still 100.

In February I got a letter saying my license will be suspended because
I have accumulated 12 points in the last 3 years.

2 years ago when I got the 1st fine I was an English tourist over here
and I had no Australian license of any sort. I professionally
immigrate and became a permanent resident in May of last year and also
got an NSW license.

Can the RTA really give me points on an NSW license even before I have
one? It just seams so unfair.

I do have the good behavior option but if I screw up I lose it for 6
months.

Any advice is really appreciated.

Thank you, all the best.


PS: Since the letter I have become a much more dangerous rider. I find
myself constantly looking around for speed limit signs and checking my
speed instead of concentrating on the road and other drivers... as you
folks know to be a safe rider you have to look at drivers to predict
their actions... well at least I do. Also now if I don't know what the
speed limit is I just default to 50.
Or it could be I'm just plain scared of speeding now, which affects my
confidence. I always rode at what I thought was the safest speed for
the conditions, and in the 17 years I've been riding I've never had an
at fault accident... touch wood and I thank God. But now the
realization that I'm going to lose the freedom to ride my bike has
really affected my riding negatively.

 

Interesting thing is if you had not got a NSW license you would still
have been suspended from driving in NSW but would have been able to
drive in other states.

 

You need a lawyer son, a real good one.

Boxer

 

Did you remain in the country for that intervening period ?

 

The points are accrued against the person. See:

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 14

(2) The Authority must record, in the demerit points register, against a person the number of demerit points specified in the regulations if the person:
(a) is convicted, or found guilty, of an offence specified in the national schedule of demerit points or any other offence specified in the regulations, or recognised, under section 15, or
(b) pays the penalty specified in a penalty notice issued to the person in respect of the offence, or
(c) has not paid the penalty specified in a penalty notice issued to the person in respect of the offence, the person has not elected to have the matter dealt with by a court and the time for the person to have the matter so dealt with has lapsed.
(3) Demerit points recorded against a person (whether or not a person holds an Australian driver licence) must be taken into account if the person subsequently obtains or applies for a driver licence within 3 years of the date of the offence for which the demerit points are incurred.
The suspension appears to be under S 16

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 16
Consequences of incurring demerit points
16 Consequences of incurring demerit points

(1) Recording of demerit points Demerit points incurred by a person for an offence for which demerit points may be incurred under this Act or the regulations are to be recorded in the demerit points register in respect of the day on which the offence was committed.
(2) Licence suspension for demerit points The Authority must give a notice of licence suspension to the holder of a driver licence (not being a provisional licence or learner licence) who incurs 12 or more demerit points within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.
I don't know how many points you wold get for these offences in NSW but they seem a bit steep. I think, in Queensland that it is 3 for the first offence (72 in a 60) but I don't think it is 9 points for 100 in a 70 (if that is what you were doing)

Steve

 

The speeding issue aside your next biggest mistake was to be caught
speeding *twice* during double-demerit points periods!!

 

It just seams so unfair.

Wait until you go thru divorce.

 

sound's like bitter experience yet again .

 

Yeah that one just sucks no matter how it turns out.

Y

 

Thanks for the info.

I guess I'll try not doing anything wrong for 12 months. Stupid damn
laws &(%^#@$$.

 

Stop speeding.
Learn how to handle your bike.
Or walk.



Snip.......



PS: Since the letter I have become a much more dangerous rider. I find
myself constantly looking around for speed limit signs and checking my
speed instead of concentrating on the road and other drivers... as you
folks know to be a safe rider you have to look at drivers to predict
their actions... well at least I do. Also now if I don't know what the
speed limit is I just default to 50.
Or it could be I'm just plain scared of speeding now, which affects my
confidence. I always rode at what I thought was the safest speed for
the conditions, and in the 17 years I've been riding I've never had an
at fault accident... touch wood and I thank God. But now the
realization that I'm going to lose the freedom to ride my bike has
really affected my riding negatively.


End snip.




How about the realization that if you come off you may loose your
ability to walk. Does that affect your walking? Throw away the 2 wheels
until you grow up.
BTW 17 years of riding and you still NEED to look at your speedo to know
what your speed is?!?!?
I bet you never use that rear brake either?

 

In aus.motorcycles on 04 Mar 2007 18:38:06 GMT

You know if you had riding skill, you would be able to control your
speed without needing to look at the speedo all the time.

I do note that being able to ride at the speed limit while not hitting
people or objects is what is expected of the rawest bod on L-plates.

Are you saying you have less bike handling skill than that?

Zebee

 

Not like you to mis-attribute Zebee, Ray wrote the above. Peter got
sanctimonious again (although he now seems to think he's from Telstra
not AOL - attitude is the same though must be the same guy - there
can't be TWO twats tha sanctimonious

JL

 

In aus.motorcycles on 4 Mar 2007 15:22:04 -0800

Ah, I see what happened. I didn't see the original and the one I
replied to was "quoted" in a non-obvious way.



Zebee

 

or that bad at attributions...

Nev..
'04 CBR1100XX

 

why are people so unkind?....

lol...

dad

 

..... for someone....

Moike

 

Expensive.

 

But maybe one that uses the word twice?
I have never been with AOL and always use to end my posts.
And you still get confused!
BTW, Iprimus not Hel$tra provide my internet.