Loophole around breach of licence conditions?

[EnzoYug]

Hi Yall,

If anyone can get search to give up the answer to this question - please, list the link and flame me.
For the rest of you here's a question:

A while ago (some years) someone on here mentioned that a fine for breach of licence conditions, if left unpaid, would no longer be inforceable once the ticketed driver upgraded to a full licence.

Ie. Driver on a restricted gets tickted for being outside of hours. One week later (and before paying) they get their full licence. Must they pay? (not 'should' they pay but 'must' they pay?)

A friend has earned himself a $400 whallop and reguardless of the moral implications, I'm interested if this theory still (or ever did) hold water.

Discuss....

[breakaway]

This is the most ridiculous post I've ever read.

Do you honestly think that if you get your full licence AFTER you got a licence infringement ticket that the ticket would be wiped? I'm surprised that anyone is even entertaining such an idea.

There's no 'link' to be posted here, it's common sense, and if you can't figure this one out on your own, then god help you.

[imdying]

Fine won't go anywhere, it'll just go up when they add court fees, and then enforcement fees, then collection fees.

[CookMySock]

Fine won't go anywhere, it'll just go up when they add court fees, and then enforcement fees, then collection fees.Yes, but then under the act you request a stay of proceedings, file an affidavit that you have taken remedial actions, apologise to the court, request a rehearing, and they get pissed off at all the paperwork and write the ticket off.

Steve

[centaurus]

Hi Yall,

If anyone can get search to give up the answer to this question - please, list the link and flame me.
For the rest of you here's a question:

A while ago (some years) someone on here mentioned that a fine for breach of licence conditions, if left unpaid, would no longer be inforceable once the ticketed driver upgraded to a full licence.

Ie. Driver on a restricted gets tickted for being outside of hours. One week later (and before paying) they get their full licence. Must they pay? (not 'should' they pay but 'must' they pay?)

A friend has earned himself a $400 whallop and reguardless of the moral implications, I'm interested if this theory still (or ever did) hold water.

Discuss....

I think you are reffering to something a little bit different: sometimes, police catch people driving/riding on learners for years and not bothering about the restrictions. In some cases, as an incentive for the driver to take his/her restricted or full, the police will issue a ticket with a grace period (specified on the ticket). If the person takes the restricted/full license test in that grace period, the fine is canceled.

I've had a simmilar thing a couple of months ago for an expired WOF. I explained the guy that the bike was on its way to a WOF station and he gave me a ticket with a 28 days grace period. I passed the WOF within 28 days and sent the WOF proof with the fine to the police. they canceled my ticket for me.

[R6_kid]

A while ago (some years) someone on here mentioned that a fine for breach of licence conditions, if left unpaid, would no longer be inforceable once the ticketed driver upgraded to a full licence.

Ie. Driver on a restricted gets tickted for being outside of hours. One week later (and before paying) they get their full licence. Must they pay?

I do know of circumstances where someone has been very close to their full (as in a few days) and the officer has said that if they go back to them withing 7 days with the full licence that they will cancel the ticket. In this case it applied to a friend who had applied for their full but missed the test due to unforeseen circumstances, they got caught a day or two later riding after 10pm and accordingly given a $400 fine. The fine was overturned when he went back in two days later and presented his temporary full licence.


This is the most ridiculous post I've ever read.

You should go back through and read some of yours!

[imdying]

Yes, but then under the act you request a stay of proceedings, file an affidavit that you have taken remedial actions, apologise to the court, request a rehearing, and they get pissed off at all the paperwork and write the ticket off.

SteveYes, some times that will work. Just have to decide if you're a betting man or not.

[EnzoYug]

This is the most ridiculous post I've ever read.

Do you honestly think that if you get your full licence AFTER you got a licence infringement ticket that the ticket would be wiped? I'm surprised that anyone is even entertaining such an idea.

There's no 'link' to be posted here, it's common sense, and if you can't figure this one out on your own, then god help you.


There are no stupid questions, just stupid people. And common sense doesn't always apply to the law here, or in any other country. Examples if you need them:
http://tvnz.co.nz/view/page/411749/634301
or here: http://www.otagonorml.com/node/211

and with more serious crimes like murder in mind.... http://www.beehive.govt.nz/release/perjury+beat+murder+rap+loophole+closed


Everybody else... good responses. I'll let me workmate know he's screwed :)

[red mermaid]

Write in to the address at the top left of the ticket, PO Box 9147, I think it is.

If the ticket was issued after 1 Dec 2009, it is invalid as the infringement is $100.

If your mate has actually passed his next stage of his licence, attach proof of that and the ticket MAY be waived.

[The Pastor]

This is the most ridiculous post I've ever read.

Do you honestly think that if you get your full licence AFTER you got a licence infringement ticket that the ticket would be wiped? I'm surprised that anyone is even entertaining such an idea.

There's no 'link' to be posted here, it's common sense, and if you can't figure this one out on your own, then god help you.

i was thinking the same thing, until i saw this post below!


Yes, but then under the act you request a stay of proceedings, file an affidavit that you have taken remedial actions, apologise to the court, request a rehearing, and they get pissed off at all the paperwork and write the ticket off.

Steve

[Askelon]

I got a grace period of 30 days (about 5 years ago) after being caught riding my bike on a restricted. He basically said if I get my butt into gear and get my full he'd wipe it. He nicely did so. Had been sitting on my restricted for like 8 years so it was a damned good incentive to get my full :D.. If it was today I reckon I'd be wearing the fine, prob walking home too..

[roadracingoldfart]

Well i got a ticket for failure to produce a licence , i was given 7 days to present it at a station near me. That was on a Sunday , Monday morn i rang and booked to sit my licence on the Wed , passed the test , presented my brand new licence on the Thurs and all was well in the ticket tearing up department lol . Mind you , that was in 1975 before computors lol.
Ahhh those were the days ,Lower Hutt city council cops werte braimnless most of the time .

[LBD]

Write in to the address at the top left of the ticket, PO Box 9147, I think it is..

So how often do you need to send a letter to a box number (Belonging to the traffic infringment office) to know the number by memory?...I just have to know.

[red mermaid]

I've never written a letter, but read the tickets quite often.

[yachtie10]

So how often do you need to send a letter to a box number (Belonging to the traffic infringment office) to know the number by memory?...I just have to know.

somehow i think your not paying attention
methinks its his job

[marty]

Write in to the address at the top left of the ticket, PO Box 9147, I think it is.

If the ticket was issued after 1 Dec 2009, it is invalid as the infringement is $100.

If your mate has actually passed his next stage of his licence, attach proof of that and the ticket MAY be waived.

An error does not necessarily invalidate the ticket. (It's at the end of the Summary Proceeding Act - matter shall not be dismissed for want of form or something like that)

And yes - I'd do the proof of next stage, however if he was still in the statutory time of being on his restricted, then I don't hold much hope. t

[red mermaid]

Sorry Marty, I didn't realise you worked for the Police in the Infringement Bureau and have regular and detailed knowledge of the infringement system.

For your information with an infringement notice, no proceedings have begun until the notice is lodged in court so your comment is null and void.

And as before write in, it will take maybe an hour to do, cost you 50 cents, and unless Marty is an adjudicator at the bureau he has no idea at all if the notice will be waived, which is why I said in my original post that the notice maybe waived.

[PrincessBandit]

Yes, some times that will work. Just have to decide if you're a betting man or not.

I agree. It sounds to me like a bit of a fishing expedition - if you get lucky with a loophole then you win, but I'd expect the worst and be ready to just pay the fine. At least there still seem to be Police officers who use their discretion in these matters, or are they required to give a period of grace whereby you can expedite your own part in getting a ticket waived? If not, then you simply have to hope you get one of the "nice guys". Alternatively, avoid doing things that you know are going to break your license restrictions. It never fails to astound me how many people openly flout the "law" then feel they have the right to argue their case and expect special treatment in terms of being let off.