View Full Version : One for Patrick to answer maybe?
GOONR
21st December 2009, 18:06
Am I reading this (http://www.transport.govt.nz/legislation/acts/enforcementpowersact/) (Land Transport (Enforcement Powers) Amendment Act 2009) right and this is now law,25 demerit's and only $100...
extract.....
Rebalance penalties for Graduated Driver Licence System (GDLS) breaches
Decrease the infringement fee for all breaches of the conditions of the GDLS from $400 to $100.
Increase the demerit points for breaches of the conditions of the GDLS (other than failing to display an L plate) from 25 to 35 points.
breakaway
21st December 2009, 18:12
What's your question?
If you're asking if the fine amount has been reduced and demerits increased, then yes, the fine amount has been reduced and demerits increased.
GOONR
21st December 2009, 18:21
What's your question?
If you're asking if the fine amount has been reduced and demerits increased, then yes, the fine amount has been reduced and demerits increased.
Sorry, just to be clear, it implies (to me) that the fine is now $100 (not $400) for all GDLS breaches but the demerits are still 25, not 35 for not displaying an L plate.
So the demerits are the same but the fine is now lower.
Ixion
21st December 2009, 20:03
Correct. The fine for all licence condition breaches has been reduced from $400 to $100. The demerit points for all licence condition breaches EXCEPT displaying an L plate has gone from 25 demerits to 35 demerits. GOKW.
GOONR
21st December 2009, 20:11
Correct. The fine for all licence condition breaches has been reduced from $400 to $100. The demerit points for all licence condition breaches EXCEPT displaying an L plate has gone from 25 demerits to 35 demerits. GOKW.
Cheers Ixion, Strange one that.
Hopeful Bastard
21st December 2009, 20:47
So if i am doing 100km without my L on the back, I only get 25 demerits and w/e the cost of the ticket for speeding? As well as the demerits for speeding?
Latte
21st December 2009, 20:49
Slight Hijack here. If I'm on my 6L and get caught riding after 10pm and riding a >250cc bike do I get dome twice? (ie $200 and 70 demerits, or $100 and 35 demerits).
GOONR
21st December 2009, 20:50
So if i am doing 100km without my L on the back, I only get 25 demerits and w/e the cost of the ticket for speeding? As well as the demerits for speeding?
If I'm right you will get 35 demerits + $100 for over the 70kph plus another 25 demerits + $100 for no L plate.
MSTRS
22nd December 2009, 08:10
So if i am doing 100km without my L on the back, I only get 25 demerits and w/e the cost of the ticket for speeding? As well as the demerits for speeding?
It's not classed as 'speeding'...it is a breach of licence conditions (same as no L, carrying pillion, outside hours, >250)
Each condition broken attracts a fine and demerits. That is how some have racked up $1600 (or more) in one stop.
Possibly only one lot of demerits would be applied.
With the reduction of the fine amount, it is likely that transgressors be hit with the full amount of demerits??
crazyhorse
22nd December 2009, 08:37
well this puts paid to the question asked on here a while back of "how many of you have L plates"?
More demerits might encourage more plates to be used. Its only for 6 months anyway, so harden up and avoid the penalties :done:
Ixion
22nd December 2009, 08:37
Slight Hijack here. If I'm on my 6L and get caught riding after 10pm and riding a >250cc bike do I get dome twice? (ie $200 and 70 demerits, or $100 and 35 demerits).
$200 and 35 demerits. As a matter of policy (not law) the police only apply demerits to one offence in a multi offence stop. But the fines are cumulative.
SPORK
22nd December 2009, 08:54
Welp - I'm riding after 10pm now, I'll tell you that much. On the motorway.
I'm a danger to society, I tell ya.
avgas
22nd December 2009, 08:59
while it is good that the fine has been decreased - the usual reason why this happens is it will no longer be a 'discretionary' thing.
So from now on if cop busts you, runs plate.....they will HAVE to check you have all your restrictions in order.
Don't be too surprised if the fancy new computer cars will prompt them to check this. Very similar to McD's "Would you like fries with that".
Very share of wallet strategy.
Patrick
22nd December 2009, 09:29
Am I reading this (http://www.transport.govt.nz/legislation/acts/enforcementpowersact/) (Land Transport (Enforcement Powers) Amendment Act 2009) right and this is now law,25 demerit's and only $100...
extract.....
Rebalance penalties for Graduated Driver Licence System (GDLS) breaches
Decrease the infringement fee for all breaches of the conditions of the GDLS from $400 to $100.
Increase the demerit points for breaches of the conditions of the GDLS (other than failing to display an L plate) from 25 to 35 points.
Yes.
So if i am doing 100km without my L on the back, I only get 25 demerits and w/e the cost of the ticket for speeding? As well as the demerits for speeding?
No. $100 for exceeding the 70 speed limit and $100 for no Lplate, plus the 35 demerits for the exceeding 70, no further demerits for the L plate.
Slight Hijack here. If I'm on my 6L and get caught riding after 10pm and riding a >250cc bike do I get dome twice? (ie $200 and 70 demerits, or $100 and 35 demerits).
As above. Two fines, one lump of demerits. The larger of whatever one is trying to collect so willingly......
$200 and 35 demerits. As a matter of policy (not law) the police only apply demerits to one offence in a multi offence stop. But the fines are cumulative.
Wot E sed......
Welp - I'm riding after 10pm now, I'll tell you that much. On the motorway.
I'm a danger to society, I tell ya.
Yes. Yes you are. I am short on quota. Who are you, where do you live and when and where did this occur....?
while it is good that the fine has been decreased - the usual reason why this happens is it will no longer be a 'discretionary' thing.
So from now on if cop busts you, runs plate.....they will HAVE to check you have all your restrictions in order.
Don't be too surprised if the fancy new computer cars will prompt them to check this. Very similar to McD's "Would you like fries with that".
Very share of wallet strategy.
LOL.....
"HAVE" to????
It's business as usual. The worse the attitude from the stoppee, the harder the stopper one looks. A warning for a breach, perhaps a ticket for one offence (even though multiples were committed) by someone with good attitude, or writers cramp for those with a bad attitude.
Fancy new computor cars????
Not down here.
Hopeful Bastard
22nd December 2009, 17:57
So if i get done with a bigger fine and more demerits, Can i quote what you said or point them in the direction of this thread and tell them that YOU said that?? :wacko:
:whistle::whistle:
Movistar
22nd December 2009, 21:32
So if i get done with a bigger fine and more demerits, Can i quote what you said or point them in the direction of this thread and tell them that YOU said that?? :wacko:
:whistle::whistle:
Really at the end of the day (or beginning if you prefer) if you break the 'law' and get court - do the time.
If you get over charged 'cause the boy (or girl) in blue is having a bad hair day - take it to caught.
(See how I used two words the same but spelt differently in there wrong context - their's a word for that...not dyslexia!) (Shit - I did it again...spell check won't pick that one up!)
Patrick
23rd December 2009, 09:45
So if i get done with a bigger fine and more demerits, Can i quote what you said or point them in the direction of this thread and tell them that YOU said that?? :wacko:
:whistle::whistle:
Yeah. Or take it up with LTNZ who look after the licenses/demerit thing....
rastuscat
23rd December 2009, 20:48
Look beyond the fines and the demerits.
If you are in breach of any condition apart from the L plate one, the plod can now forbid you from riding until you comply.
This is to get past the absurdity of seeing a person on a 600 with a 6L ride away with the ticket in hand.
So, get stopped riding a bike that's too big, and expect to have your keys taken, coz now they can.
Hows them apples???????????
MSTRS
24th December 2009, 08:43
In some instances that'd be a very good thing. I would hope there is some discretion applied tho...not everyone on a too big bike on a 6L is unable to control it.
There are a few (for instance) that have ridden for years without a licence, and are just now going through the GLS. Or have never sat the next step. Etc.
So, on balance, I find those apples give me a slight guts ache.
Ixion
24th December 2009, 09:05
It wasn't really aimed at bikes, though as always we get caught too.
EDIT: And it's discretionary "Enforcement officer *may* " etc
Hopeful Bastard
24th December 2009, 12:08
Hence why i am staying on a 250.. Anything bigger and i know well and truely that i will lose the keys to that...
avgas
24th December 2009, 12:18
It's business as usual. The worse the attitude from the stoppee, the harder the stopper one looks. A warning for a breach, perhaps a ticket for one offence (even though multiples were committed) by someone with good attitude, or writers cramp for those with a bad attitude.
Fancy new computor cars????
Not down here.
Not YET.....
Good to hear that you are still doing things the old way. Unfortunately it is only my hope that you are allowed to continue to do so.
I have seen some scary arrangements by Police management lately. Would hate for it to actually trickle down to you guys on the front-line.
avgas
24th December 2009, 12:20
Hence why i am staying on a 250.. Anything bigger and i know well and truely that i will lose the keys to that...
Not so true. What about GB400/500 - CB400......there are hundreds of bikes bigger than a 250 that do sane speeds. But give you the advantage of a bike with a bit more poke.
Patrick
25th December 2009, 17:15
Look beyond the fines and the demerits.
If you are in breach of any condition apart from the L plate one, the plod can now forbid you from riding until you comply.
This is to get past the absurdity of seeing a person on a 600 with a 6L ride away with the ticket in hand.
So, get stopped riding a bike that's too big, and expect to have your keys taken, coz now they can.
Hows them apples???????????
Where is this? Had someone ask this exact question just theother day and I said I would look it up.... Dunno where to start (computor illiterate, you see.....)Them apples is all good......
Patrick
25th December 2009, 17:17
Not YET.....
Good to hear that you are still doing things the old way. Unfortunately it is only my hope that you are allowed to continue to do so.
I have seen some scary arrangements by Police management lately. Would hate for it to actually trickle down to you guys on the front-line.
Can't take away the discretion. Never can, really.... but 1 ticket in 1 hour could be raised...???
red mermaid
25th December 2009, 19:47
Where is this? Had someone ask this exact question just theother day and I said I would look it up.... Dunno where to start (computor illiterate, you see.....)Them apples is all good......
Its there Patrick, part of the new amendment, and as said previously it is discretionary, although if you give someone I ticket for the offence I would be looking strongly at taking there keys as well.
rastuscat
25th December 2009, 20:05
Where is this? Had someone ask this exact question just theother day and I said I would look it up.... Dunno where to start (computor illiterate, you see.....)Them apples is all good......
It's in the recent amendment to the Road User Rule.
So much fun too. We used to write a $400 ticket for unauthorized passengers, then watch them drive away still with unauthorized passengers. Ridiculous.
Now we get to say "Oh yeah, you lot all get out, or he gets arrested". You see, there is a power of arrest if you forbid the driver, then he does it again. It takes the smile off the little darlings faces.
PM me your QID, I'll email you the new stuff when I'm next at work.
rastuscat
25th December 2009, 20:19
New section 121A inserted
The following section is inserted after section 121:
121A Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
(1) An enforcement officer may exercise all or any of the powers conferred by subsection (2) if the enforcement officer believes on reasonable grounds that a person who is for the time being in charge of a motor vehicle has, in relation to a prescribed class of motor vehicle, breached any condition of a class 1 or class 6 learner licence or a restricted licence held by that person.
(2) The enforcement officer may
(a) forbid the person to drive a motor vehicle until that person is able to comply with the conditions of that person's learner licence or restricted licence:
(b) direct the person to drive to a specified place (for example, the person's home):
(c) take possession of all ignition or other keys of the vehicle, and for that purpose require the person to deliver up immediately all such keys:
(d) take any steps that may be necessary to make the motor vehicle immobile or to move the motor vehicle to a place where it does not constitute a traffic hazard.
(3) An enforcement officer may arrest without warrant a person who fails to comply with a power exercised under subsection (2).
(4) The power to take possession under subsection (2)(c) or to immobilise or move under subsection (2)(d) continues until
(a) the driver is able to drive the vehicle without breaching the conditions of that driver's licence; or
(b) another person is able to drive the vehicle without breaching
(i) that person's licence:
(ii) any enactment.
kwaka_crasher
26th December 2009, 00:13
$200 and 35 demerits. As a matter of policy (not law) the police only apply demerits to one offence in a multi offence stop. But the fines are cumulative.
Matter of law actually. Land Transport Act 1998, 88 (3). (http://tinyurl.com/yhpzjby)
If a person is convicted of 2 or more offences arising out of the same set of circumstances,
(a) Demerit points must be recorded in relation to 1 offence only; and
(b) If those offences do not carry the same number of points, points must be recorded for the offence or 1 of the offences that carries the greatest number of points.
Tone165
26th December 2009, 00:37
Can't take away the discretion. Never can, really.... but 1 ticket in 1 hour could be raised...???
To me it seems the same thing.....if you are expected to write a certain quantity, based on what other Offrs do........
A question I want to ask......here in Qld, it is blatantly obvious to anyone that "speeding" is the focus...its easy to detect, profitable (over here 120 on a 100k hiway will get you $333.00 and 4 points out of your 12)
Meanwhile you see ppl puttering along in the fast lane at 10k under, caravans and campervans blocking roads with dozens of veh trapped behind, erratic lane changes with no head checks or indication..and my personal fave..ppl texting while driving...none of which seem to interest the Police.
Is there a certain expectation that you would catch a certain number of offenders in any given time frame? and do you have a plan beforehand...like OK lads..lets focus on "keep left" today..or dodgey looking vehicles (safety) or lane changing...or is it just sit there with radar looking for speeders?
red mermaid
26th December 2009, 08:26
No plan, just circumstances.
With a car fitted with radar it is relatively easy to detect the offence...they do a speed, its picked up on the radar, and there for you to see.
The other offences, especially slow driving, you need to spend time gathering evidence, ie; a speed check, distance over, vehicles inconvenienced and then after all that 'Joe Public' will argue like hell that he/she was doing nothing wrong and the nasty cop is making it all up.
Ixion
26th December 2009, 13:06
Matter of law actually. Land Transport Act 1998, 88 (3). (http://tinyurl.com/yhpzjby)
I stand corrected.
'
If you are in breach of any condition apart from the L plate one, the plod can now forbid you from riding until you comply.
I don't see the exclusion for the L plate breach ?
has, in relation to a prescribed class of motor vehicle, breached any condition of a class 1 or class 6 learner licence or a restricted licence held by that person
WHich strictly would include (eg) not wearing corrective lenses , if on a L or R ? But not if on a full.
You see, there is a power of arrest if you forbid the driver, then he does it again
More pertinently, also a power to impound the vehicle.
MSTRS
26th December 2009, 13:11
WHich strictly would include (eg) not wearing corrective lenses , if on a L or R ? But not if on a full.
That's a condition on the licence, fullstop. Nothing to do with GSDL
Patrick
26th December 2009, 15:42
To me it seems the same thing.....if you are expected to write a certain quantity, based on what other Offrs do........
A question I want to ask......here in Qld, it is blatantly obvious to anyone that "speeding" is the focus...its easy to detect, profitable (over here 120 on a 100k hiway will get you $333.00 and 4 points out of your 12)
Meanwhile you see ppl puttering along in the fast lane at 10k under, caravans and campervans blocking roads with dozens of veh trapped behind, erratic lane changes with no head checks or indication..and my personal fave..ppl texting while driving...none of which seem to interest the Police.
New law just introduced here in NZ for cellphone users - $80 fine and 20 demerits. Theothers are simple unsafe lane changes $150, hindering traffic $150....
Is there a certain expectation that you would catch a certain number of offenders in any given time frame?
For every hour given to traffic related patrolling, 1 ticket must be issued. One can issue more than 1 if they like.
and do you have a plan beforehand...like OK lads..lets focus on "keep left" today..or dodgey looking vehicles (safety) or lane changing...
Sometimes, yeah......
or is it just sit there with radar looking for speeders?
Only have one down here.
WHich strictly would include (eg) not wearing corrective lenses , if on a L or R ? But not if on a full.
That's a condition on the licence, fullstop. Nothing to do with GSDL
Wot MSTRS sed, Ix.....
Ixion
26th December 2009, 18:08
That's a condition on the licence, fullstop. Nothing to do with GSDL
I realise that. But you only have one licence. So a licence condition is a condition. And the law says "breached any condition of a class 1 or class 6 learner licence or a restricted licence held by that person".
It's a condition of the licence (printed on it , even). So, if it's been breached ....
Not the intention of the Act , I agree. And unlikely that a cop would use it thus (no reason to, really). But that's what the Act says. Any condition.
FstRyd
27th December 2009, 02:11
More pertinently, also a power to impound the vehicle.
Na, there isn't a power of impoundment for it for breaching it. It's a bit odd, but that is the way it is.
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