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View Full Version : To be disqualified: Contesting demerits?



annonymous
18th May 2011, 21:16
What I am looking for is some advice on both my chances of success and how to go about it properly. I understand, being kiwibiker, that people are of their own opinions and like to voice them, by all means do so but I am really in need of constructive advice.

My situation is as follows:

I am 21 years old and have racked up 85 demerits, recently getting a new fine pushing me over 100 (Haven't received this in the mail yet). What I am looking to do, is to get the demerits from the fine waived, and taking a separate form of punishment.

I understand I have broken the law, and deserve punishment, but the punishment I will receive is far too great, and I don't believe it to be fair. I need a vehicle to get to my job and university due to the distance i live from these, public transport is available for university but makes work a 2 hour journey each way for shifts of 4 hours - some shifts which finish beyond work hours and therefore a large drain on my studies and my availability for work.

I want to plea guilty but have my sentence considered/altered.

Important points I think:
-My only ever infringements have been:
*Riding outside 5am-10pm
*Doing so without 'L Plate" (so as to not get pulled over!)
And for the fine not yet received (pushing me over 100 demerits): Learner Rider exceeding 70kph.

-I have one speeding fine travelling at 55kph in a 50kph zone.

- I have been riding for 2 years now, and just after receiving my final fine of exceeding 70kph, I got my restricted. I have been very slow, I know, but have never failed a motorcycle license test, and had the restricted tester praise my riding abilities.

- I see no way that I have ever put other road users at risk with my riding (save the one 55kph fine) and am a careful road user.


Any advice is welcome, and I am open to criticism, but be aware I understand my wrong doing and take it on the chin, I just feel that the implications of a loss of license are far greater than I deserve for my non-dangerous offenses.

Any details required, let me know

- My anonymity is important, and would plead that everyone respect that.

Laava
18th May 2011, 21:20
Mate you need to write a letter in asking for them to quash your fine. You have already outlined some valid points however I reckon you should draft a letter then think about what you have written carefully over a couple of days before sending it in. Bullshit a bit if you have to but try not to make it unrealistic. My 2c. Good luck!

Oh, good 1st post by the way! Not popo are you?
Or are you Katmans arch nemesis, Antikatman?

Katman
18th May 2011, 21:30
My heart bleeds.

I'm sitting on 90 demerits for the next twelve months and I require my license for my job.

If I get caught again I will deserve to lose my license.

Harden the fuck up.

FJRider
18th May 2011, 21:31
I understand I have broken the law, and deserve punishment, but the punishment I will receive is far too great, and I don't believe it to be fair.

Life is seldom fair ... but what makes YOU believe YOU have more rights to leniency or a "different" punishment than anybody else ...

WHAT MAKES YOU SO SPECIAL ... ???


I need a vehicle to get to my job and university due to the distance i live from these, public transport is available for university but makes work a 2 hour journey each way for shifts of 4 hours - some shifts which finish beyond work hours and therefore a large drain on my studies and my availability for work.

NOW you think of these things ... :lol: :killingme


I want to plea guilty but have my sentence considered/altered.

Important points I think:
-My only ever infringements have been:
*Riding outside 5am-10pm
*Doing so without 'L Plate" (so as to not get pulled over!)
And for the fine not yet received (pushing me over 100 demerits): Learner Rider exceeding 70kph.

-I have one speeding fine travelling at 55kph in a 50kph zone.

- I have been riding for 2 years now, and just after receiving my final fine of exceeding 70kph, I got my restricted. I have been very slow, I know, but have never failed a motorcycle license test, and had the restricted tester praise my riding abilities.

- I see no way that I have ever put other road users at risk with my riding (save the one 55kph fine) and am a careful road user.


Any advice is welcome, and I am open to criticism, but be aware I understand my wrong doing and take it on the chin, I just feel that the implications of a loss of license are far greater than I deserve for my non-dangerous offenses.

Any details required, let me know

- My anonymity is important, and would plead that everyone respect that.

:killingme

Thank you for the laugh ... :whocares:

sil3nt
18th May 2011, 21:38
:lol:
:violin:

Most people would learn after being caught the first few times.

tigertim20
18th May 2011, 21:43
What I am looking for is some advice on both my chances of success and how to go about it properly. I understand, being kiwibiker, that people are of their own opinions and like to voice them, by all means do so but I am really in need of constructive advice.

My situation is as follows:

I am 21 years old and have racked up 85 demerits, recently getting a new fine pushing me over 100 (Haven't received this in the mail yet). What I am looking to do, is to get the demerits from the fine waived, and taking a separate form of punishment.

I understand I have broken the law, and deserve punishment, but the punishment I will receive is far too great, and I don't believe it to be fair. I need a vehicle to get to my job and university due to the distance i live from these, public transport is available for university but makes work a 2 hour journey each way for shifts of 4 hours - some shifts which finish beyond work hours and therefore a large drain on my studies and my availability for work.

I want to plea guilty but have my sentence considered/altered.

Important points I think:
-My only ever infringements have been:
*Riding outside 5am-10pm
*Doing so without 'L Plate" (so as to not get pulled over!)
And for the fine not yet received (pushing me over 100 demerits): Learner Rider exceeding 70kph.

-I have one speeding fine travelling at 55kph in a 50kph zone.

- I have been riding for 2 years now, and just after receiving my final fine of exceeding 70kph, I got my restricted. I have been very slow, I know, but have never failed a motorcycle license test, and had the restricted tester praise my riding abilities.

- I see no way that I have ever put other road users at risk with my riding (save the one 55kph fine) and am a careful road user.


Any advice is welcome, and I am open to criticism, but be aware I understand my wrong doing and take it on the chin, I just feel that the implications of a loss of license are far greater than I deserve for my non-dangerous offenses.

Any details required, let me know

- My anonymity is important, and would plead that everyone respect that.

If your work or education is reliant on a licence, you can apply for a work licence. the loss of licence for demerits is mandatory, that means it cannot be changed or waived, this is the reality, and it will not change, accepting this is the first step.
secondly, stop wanking about how you never endagered people etc, that means fuckall, you got tickets, youre losing your licence, end of story.

Now depending on how old your OLDEST ticket is, its possible to drag out the latest ticket, by challenging it etc, for a few months, untill the demerits from the oldest ticket drop off you record, then you wont be over when the new ones are applied. thats a long shot.

Another long shot is to go to the issuing officer and speak to him. explain that after receiving the ticket, you finally did the right thing and got your restricted, and ask if there is anything you can do. I highly doubt youll get anywhere.

Botoom line, reality is you fucked up and in all likelyhood, your licence is gone, consider it a lesson and stop making dumb excuses like noone was in danger, accept your fate, and find a way to work around it. Its only 3 months, athst really not a very long time at all, it will be a pain in the ass, but THATS THE FUCKING POINT!

Oh, and if you had the BALLS to post under your OWN account, and be honest instead of trying to be all secretive, people would be more likely to help you out. If you are unwilling to admit it outright, it probably shows that you havent accepted wrong, and havent learnt anything. In which case, why the fuck should anyone help you?

Katman
18th May 2011, 21:46
If you are unwilling to admit it outright, it probably shows that you havent accepted wrong, and havent learnt anything. In which case, why the fuck should anyone help you?

Fuck me, you've suddenly become a genius.

FJRider
18th May 2011, 21:51
My heart bleeds.

I'm on 90 demerits for the next twelve months and I require my license for my job.

If I get caught again I will deserve to lose my license.

Harden the fuck up.

We ALL know the rules .... and a few of us have found ourselves ... in similar circumstances ...

SUCH IS LIFE ...

DrunkenMistake
18th May 2011, 21:52
I see where your coming from, its a pretty stink situation, by the time you drag everything out, it could be a couple of months extra, and if you fail you lose your license anyway, just accept the fact you are going to lose it, and deal with the 3month pain in the ass,
Can you car pool with someone? may be your best bet or ask a mate from uni to pick you up or something if you chip in for some gas or a 12 pack a week.
Good on you for accepting responsibility though, it surprises me how many people make excuses.

On a side note if someone can answer this, How often do your points get reset? is it the start of every year? or when you move up a license class etc?

tigertim20
18th May 2011, 21:52
Fuck me, you've suddenly become a genius.

Fuck man, don't say that, or theyll all turn on me!

Im going to Guess . . .
Smokeu

Blackshear
18th May 2011, 21:53
You broke the laws which you are apparently well aware of - having passed not just a learners but a restricted.
I'm on 60 something demerits after 3 odd years of being on a learners, I was FOUR days from having them wiped before I was pinged for 115 in a 100. You eat shit, it tastes bad, you remember to not be hungry for a plate of shit again. It tastes bad, shit don't smell like waffles for a pretty sound reason.

Apply for a temp working license, claiming your job will be at stake (despite you being a silly billy) and hope for the best. It's really your only choice should your BS prayer fall through.

That aside, I do wish you the best for what seems to be a rather job specific problem you're having, perhaps your line of work is rather sensitive with your license being suspended?

Life is short, learn quickly my dear friend :violin::love:

FJRider
18th May 2011, 21:55
Fuck man, don't say that, or theyll all turn on me!

Im going to Guess . . .
Smokeu

The OP has NO balls ... therefore female ... :shutup:

tigertim20
18th May 2011, 21:56
I see where your coming from, its a pretty stink situation, by the time you drag everything out, it could be a couple of months extra, and if you fail you lose your license anyway, just accept the fact you are going to lose it, and deal with the 3month pain in the ass,
Can you car pool with someone? may be your best bet or ask a mate from uni to pick you up or something if you chip in for some gas or a 12 pack a week.
Good on you for accepting responsibility though, it surprises me how many people make excuses.

On a side note if someone can answer this, How often do your points get reset? is it the start of every year? or when you move up a license class etc?

Demerits points remain on your licence for 2 years from the date they are applied.

When they are applied is a little different. They are applied when you pay the fine, OR when enforcement action is taken, so by contesting the fine, you can actually delay the points being applied to your licence. One of my old school friends got around the system doing that, his oldest ticket had been aplied 1 year, 10 months ago, so when he got a new ticket, he dragged it out, contested it, then just admitted it, after the oldest one dropped off, cos he dragged it out.

roy.nz
18th May 2011, 21:58
Do the crime pay the fine. You broke the law so why should it be the cops who have to feel like victim because you cant get to work and uni.

Shit happens, balls up about it and make a plan. Its not our problem :yes::yes:

Luckylegs
18th May 2011, 22:00
Ooooo that reminds me, is it the 22nd of may yet, I get 30 (might be 35) points back... WOOT :woohoo::woohoo::woohoo:

Blackshear
18th May 2011, 22:02
Ooooo that reminds me, is it the 22nd of may yet, I get 30 (might be 35) points back... WOOT :woohoo::woohoo::woohoo:

Remember it's two years no claims before they all get wiped.

I gain a years age on the 22nd, though I don't suppose you've heard the latest doomsday scaremongering?

FJRider
18th May 2011, 22:07
Remember it's two years no claims before they all get wiped.

I gain a years age on the 22nd, though I don't suppose you've heard the latest doomsday scaremongering?

ACTUALLY ... it's two years since the LAST one .... before ANY get wiped ...

Luckylegs
18th May 2011, 22:10
Remember it's two years no claims before they all get wiped.

I gain a years age on the 22nd, though I don't suppose you've heard the latest doomsday scaremongering?

Ummmm :shutup: yeh :innocent:

I managed to rack up 75 in the space of three months ( with the first of em in may) so I'll av em all back soon enough

Blackshear
18th May 2011, 22:11
ACTUALLY ... it's two years since the LAST one .... before ANY get wiped ...

Two years no claims?
I.e you have claimed no annual license leave in the last consecutive two years (730 days) before they're wiped altogether?

EXPLAIN TO THE BOURBON MAN.

puddy
18th May 2011, 22:15
My heart bleeds.

I'm sitting on 90 demerits for the next twelve months and I require my license for my job.

If I get caught again I will deserve to lose my license.

Harden the fuck up.

Homo.

(I just writ a hikou - or something like that).

90 Demerit points? Hope you weren't being a danger to anybody.
But yes I do agree with you. Why is it that people get themselves in the SHIT, then want someone else to sort it out?:violin:

Luckylegs
18th May 2011, 22:18
ACTUALLY ... it's two years since the LAST one .... before ANY get wiped ...

Really? This despite various sites say " if you accumulate 100 points within a two year period"

...so, presuming I got the first on the 22nd may and the last in July of the same year, once the 23rd rolls around those first points can no longer count towards the 100 (so essentially they are wiped) as they are not within two years

Or have I got this all fucked up?

FJRider
18th May 2011, 22:19
Two years no claims?
I.e you have claimed no annual license leave in the last consecutive two years (730 days) before they're wiped altogether?

EXPLAIN TO THE BOURBON MAN.

Two years from the date of the LAST demerit points "aquired" ... before ... demerits WIPED ...

They DONT "fall of the back" ...

Blackshear
18th May 2011, 22:21
Really? This despite various sites say " if you accumulate 100 points within a two year period"

...so, presuming I got the first on the 22nd may and the last in July of the same year, once the 23rd rolls around those first points can no longer count towards the 100 (so essentially they are wiped) as they are not within two years

Or have I got this all fucked up?

No. Say you get one on christmas 2010, wont be wiped until you don't claim for a bonus till at LEAST christmas 2012.
Two solid years of no free parking since your last fine.

Latte
18th May 2011, 22:21
Really? This despite various sites say " if you accumulate 100 points within a two year period"

...so, presuming I got the first on the 22nd may and the last in July of the same year, once the 23rd rolls around those first points can no longer count towards the 100 (so essentially they are wiped) as they are not within two years

Or have I got this all fucked up?

On the 1st of June (to be sure) contact the Courts and get your demerit status. That'll learn ya one way or the other.... amiright?

FJRider
18th May 2011, 22:25
.... amiright?

This is KB .... everybodys right ... :facepalm:

Latte
18th May 2011, 22:29
This is KB .... everybodys right ... :facepalm:

Would explain all the avoidable accidents, seeing how we ride on the left in NZ....

Blackshear
18th May 2011, 22:32
Would explain all the avoidable accidents, seeing how we ride on the left in NZ....

You use your right hand when browsing the 'web'?
:popcorn:

Luckylegs
18th May 2011, 22:33
No. Say you get one on christmas 2010, wont be wiped until you don't claim for a bonus till at LEAST christmas 2012.
Two solid years of no free parking since your last fine.

But but but...

The nzta site says "100 or more demerits within any 2 year period". Pretend I'm on 75 now. If I get another 30 after the 22nd may this year, then then they would have to count back 2 years in which case the 35 from may 2 years ago could not be included.

What am I missing? I'm not being intentionally obtuse I promise but am struggling to see how what your saying reconciles with the nzta description

Latte
18th May 2011, 22:34
You use your right hand when browsing the 'web'?
:popcorn:

Only for your posts sweetie :love:

Latte
18th May 2011, 22:35
But but but...

The nzta site says "100 or more demerits within any 2 year period". Pretend I'm on 75 now. If I get another 30 after the 22nd may this year, then then they would have to count back 2 years in which case the 35 from may 2 years ago could not be included.

What am I missing? I'm not being intentionally obtuse I promise but am struggling to see how what your saying reconciles with the nzta description

My understanding is this as well - pretty sure that's how it worked when I was losing my license on a regular basis.

Winston001
18th May 2011, 22:36
Demerits points remain on your licence for 2 years from the date they are applied.

When they are applied is a little different. They are applied when you pay the fine, OR when enforcement action is taken, so by contesting the fine, you can actually delay the points being applied to your licence.

That used to be the case but Parliament changed the law to close this loophole. Demerit points attach to your licence from the date of the offence. So if you defend the charge and are eventually convicted at a hearing many months later, the points are set at the earlier date.

Still...in the real world sometimes things get overlooked so it can be worth a try.

FJRider
18th May 2011, 22:39
My understanding is this as well - pretty sure that's how it worked when I was losing my license on a regular basis.

From the horses mouth ... If you know what I mean ... :innocent:

http://www.howtolaw.co.nz/html/ml114.asp

Blackshear
18th May 2011, 22:39
But but but...

The nzta site says "100 or more demerits within any 2 year period". Pretend I'm on 75 now. If I get another 30 after the 22nd may this year, then then they would have to count back 2 years in which case the 35 from may 2 years ago could not be included.

What am I missing? I'm not being intentionally obtuse I promise but am struggling to see how what your saying reconciles with the nzta description

I believe there is an entertainment disclaimer on this site somewhere.
It was to my understanding that any demerits accrued may as well have been had on the same day if less than 2 years between, and the life counter was reset from whatever time it was from your previous demerit to your most recent one.

Otherwise I don't think I would have got a letter saying I might be at 60 demerits. GOt the first one in March 09, and still hasn't been wiped yet. Have since received another one some time around September last year, then got a letter in the mail saying oh hi lol, but I haven't checked recently.


Only for your posts sweetie :love:

I'm confused, but I might let that dead horse lay.

Latte
18th May 2011, 22:42
From the horses mouth ... If you know what I mean ... :innocent:

http://www.howtolaw.co.nz/html/ml114.asp

"If you accumulate 100 or more demerit points as a driver in any two-year period, you will be disqualified from driving for three months. "

It says within a 2 year period. not 2 years from the last offence.

If you got a speeding ticket (10km/h over) every 18 months, you would lose yourlicense on the 4th one?

FJRider
18th May 2011, 22:47
"If you accumulate 100 or more demerit points as a driver in any two-year period, you will be disqualified from driving for three months. "

It says within a 2 year period. not 2 years from the last offence.

If you got a speeding ticket (10km/h over) every 18 months, you would lose yourlicense on the 4th one?

Under the ... "letter of warning at 50 demerits" ...

Note that the two years runs from the date of the most recent offence, not the first offence.

Read it yourself ...

Latte
18th May 2011, 22:54
Under the ... "letter of warning at 50 demerits" ...

Note that the two years runs from the date of the most recent offence, not the first offence.

Read it yourself ...

So it does.... how peculiar

I was only seeing what I wanted to see... this is KB after all :p

FJRider
18th May 2011, 22:58
So it does.... how peculiar



This is NEW ZEALAND law we're talking about ... :innocent:

Luckylegs
18th May 2011, 23:01
Under the ... "letter of warning at 50 demerits" ...

Note that the two years runs from the date of the most recent offence, not the first offence.

Read it yourself ...

This doesn't dis-prove my understanding at all. Essentially it means what I described before. If (heaven forbid) I commit another offense on the 24th may this year. This will be my latest offense and they will then need to count points earned within two years of that date. My points from 22nd may 2 years earlier do not fall in this period so surely can't be included.

FJRider
18th May 2011, 23:07
This doesn't dis-prove my understanding at all. Essentially it means what I described before. If (heaven forbid) I commit another offense on the 24th may this year. This will be my latest offense and they will then need to count points earned within two years of that date. My points from 22nd may 2 years earlier do not fall in this period so surely can't be included.

Not quite ... the two year period starts at the date of the last points gained ...

NOTHING "falls off the back" ... two years of "points free" motoring gets them ALL wiped ...

SMOKEU
18th May 2011, 23:10
You pulled over and let the cop fine you?! Next time just don't stop.

FJRider
18th May 2011, 23:14
This doesn't dis-prove my understanding at all. Essentially it means what I described before. If (heaven forbid) I commit another offense on the 24th may this year. This will be my latest offense and they will then need to count points earned within two years of that date. My points from 22nd may 2 years earlier do not fall in this period so surely can't be included.

This is the site quoted ...

Once you reach 50 demerit points you will receive a letter of warning from the Director of Land Transport. This letter will warn you that you will be disqualified if you receive another 50 points within a two-year period. Note that the two years runs from the date of the most recent offence, not the first offence.

The letter is deemed to have been sent to you once it is posted, even if you never in fact receive it.

Luckylegs
18th May 2011, 23:20
This is the site quoted ...

Once you reach 50 demerit points you will receive a letter of warning from the Director of Land Transport. This letter will warn you that you will be disqualified if you receive another 50 points within a two-year period. Note that the two years runs from the date of the most recent offence, not the first offence.

The letter is deemed to have been sent to you once it is posted, even if you never in fact receive it.

Um yep, i read that when you posted it earlier. Are you basing your info on the info on this site or experience.

...that same site (along with the nzta site) also says the 100 points must be within a two year period. Whether they are removed or not is neither here nor there, based on what was written anything older than two years from the latest offense can surely not be factored in the calculation

Banditbandit
19th May 2011, 09:58
What I am looking for is some advice on both my chances of success and how to go about it properly. I understand, being kiwibiker, that people are of their own opinions and like to voice them, by all means do so but I am really in need of constructive advice.

My situation is as follows:

I am 21 years old and have racked up 85 demerits, recently getting a new fine pushing me over 100 (Haven't received this in the mail yet). What I am looking to do, is to get the demerits from the fine waived, and taking a separate form of punishment.

I understand I have broken the law, and deserve punishment, but the punishment I will receive is far too great, and I don't believe it to be fair. I need a vehicle to get to my job and university due to the distance i live from these, public transport is available for university but makes work a 2 hour journey each way for shifts of 4 hours - some shifts which finish beyond work hours and therefore a large drain on my studies and my availability for work.

I want to plea guilty but have my sentence considered/altered.

Important points I think:
-My only ever infringements have been:
*Riding outside 5am-10pm
*Doing so without 'L Plate" (so as to not get pulled over!)
And for the fine not yet received (pushing me over 100 demerits): Learner Rider exceeding 70kph.

-I have one speeding fine travelling at 55kph in a 50kph zone.

- I have been riding for 2 years now, and just after receiving my final fine of exceeding 70kph, I got my restricted. I have been very slow, I know, but have never failed a motorcycle license test, and had the restricted tester praise my riding abilities.

- I see no way that I have ever put other road users at risk with my riding (save the one 55kph fine) and am a careful road user.


Any advice is welcome, and I am open to criticism, but be aware I understand my wrong doing and take it on the chin, I just feel that the implications of a loss of license are far greater than I deserve for my non-dangerous offenses.

Any details required, let me know

- My anonymity is important, and would plead that everyone respect that.

Tough shit ... you did it, you got the points, take the suspension ...

Anger at demerit points is one thing (I got pissed off last year for just that) but whinging about the consequences of your actions is just crap ...

barno
19th May 2011, 10:14
How about just slow down for a couple of years?

oneofsix
19th May 2011, 10:46
How about just slow down for a couple of years?

too late he cried :crybaby: The points are already on there way. Unless a way out is found I guess that means slowing to a complete stop vehicle wise anyhow.

Swoop
19th May 2011, 10:51
...
The letter is deemed to have been sent to you once it is posted, even if you never in fact receive it. [/B][/I]
Interesting approach by the authorities. "We sent you a letter. Didn't receive it? Too bad"

Perhaps people should use that approach when sending in a cheque for paying speeding taxes?
"I posted the $$$'s. You didn't receive it? Too bad".

oneofsix
19th May 2011, 11:03
Interesting approach by the authorities. "We sent you a letter. Didn't receive it? Too bad"

Perhaps people should use that approach when sending in a cheque for paying speeding taxes?
"I posted the $$$'s. You didn't receive it? Too bad".

except the govt letter in question is only a notification as the your point balance, the points aren't applied by this mechanism. You cheque is the payment mechanism, if you were referring to a letter asking them if they had received your cheque :drinkup: then it might be considered the same thing.

nodrog
19th May 2011, 11:04
Fuck this place is full of Rocket Surgeons.

imdying
19th May 2011, 11:40
Quit uni and become a baker or something... clearly you're wasting your time as you're a pretty slow learner.

Either that or harden the fuck up and realise you're not special. You made a rod for your back, so 4 hours a day on the bus it is.

Laava
19th May 2011, 12:39
Fuck this place is full of Rocket Surgeons.

Bahahahaha! Rocket surgeons!:blink::scooter::drinkup:

Hoon
19th May 2011, 12:50
Yep most people upon reaching 85 demerits points would've gone "shit I better behave now". You obviously decided not to, took risks without considering the outcome and are now paying for it.

Write a letter but lose all the "I've been hard done by, this is unfair, I didn't display an L-plate so I could get away with doing things I shouldn't be doing, the bad stuff I did wasn't so bad" bullshit. They want to see genuine remorse not excuses.

You also need to learn to accept the consequences when you've fucked up. This lack of self control/responsibility is likely to see you getting pinged for driving while disqualified in the near future, sending you into an ever decreasing spiral until you do learn.

Murray
19th May 2011, 13:01
Important points I think:
-My only ever infringements have been:
*Riding outside 5am-10pm
*Doing so without 'L Plate" (so as to not get pulled over!)
And for the fine not yet received (pushing me over 100 demerits): Learner Rider exceeding 70kph.

-I have one speeding fine travelling at 55kph in a 50kph zone.


Jeez everyone, give the guy a break! I don't know how many posts have been made regarding the dangers of the "L" plate and the complete nonsense of limiting a restricted license to a 70km speed limit. I remember countless posts where the popo have let restricted drivers off for exceeding 70km and from what I am led to believe this law is to be overturned due to its stupidty. Sorry mate i feel for you but you have just been plain unlucky!!!

imdying
19th May 2011, 13:16
Jeez everyone, give the guy a break!
http://www.youtube.com/watch?v=kHmvkRoEowc

skippa1
19th May 2011, 15:06
[video=youtube;kHmvkRoEowc]http://www.youtube.com/watch?v=kHmvkRoEowc

She looks like a fucking chimpanzee:blink:

skippa1
19th May 2011, 15:08
If work and uni and and and is soooo important, you have to take into account the way you get there and if you choose to continue with breaking the law, you choose to accept the consequences....:shit:

Smifffy
19th May 2011, 15:55
Gee, that's really bad luck right there. I blame the Government. A few years ago they demanded that society stop teaching young people that there are consequences for making poor decisions.

Not to worry I'm sure someone will fix it for you.

I never realised before now that not having an L plate on meant that one was exempt from one's licence conditions and immune from being pulled over. I wonder why more people don't do that?

You say that you realise and accept that you are to be punished for your actions. Guess what? The mandated punishment is loss of licence.

It's a good thing though that you have so much money that the previous fines meant nothing to you, because you might find insurance gets a little harder and more expensive to come by in the future.

Sure it's going to be inconvenient for a while but it isn't going to be the end of the world, and will go by and in a few years time you'll look back and laugh/facepalm. Plenty of people have found themselves in the same situation as you are in now.

Maybe you could just continue to ride without a licence? It's not like you'd be a danger to anyone eh? You've already disregarded many of the conditions of the licence you had, so what's the difference really?

http://images.cheezburger.com/completestore/2009/8/27/128959016875018217.jpg

Spearfish
19th May 2011, 16:18
Ride to the conditions of your licence as long as they suit you?

If a mate lent you his bike on the condition you didnt take it over a certain rev over the entire trip (but you cant see why, the red line is twice as high), you would do what was asked without question wouldn't you?

What does it cost for a temp licence for work?

Winston001
19th May 2011, 16:53
Interesting approach by the authorities. "We sent you a letter. Didn't receive it? Too bad"



Nah, wrong end of the stick.

The law used to require the letter was received by you. If you could challenge that saying you had not been notified then the license suspension could not be activated.

Many people did argue this and given they often didn't notify their change of address, they were successful.

So Parliament closed this loophole.

It makes sense - we should know how many points we've accumulated and a phone call to the LTSA is all that's required if you aren't sure.

marty
19th May 2011, 17:12
Section 88(4), LT Act 1998:

Demerit points recorded under subsection (1) have effect on and from the date of the commission of the offence for which the points are recorded.



Section 91, LT Act 1998:

1 Cancellation and reinstatement of demerit points

(1) When 2 years have elapsed since the commission of an offence in respect of which demerit points were recorded, the entry of the points made in respect of that offence ceases to have effect in relation to the person who committed that offence; but if demerit points were recorded in respect of 2 or more offences committed by that person, the entry ceases to have effect when 2 years have elapsed since the commission of the most recent of those offences.


So if you have a 2nd offence (say 1 year 364 days after the first one), the demerits from your first offence then attract another 2 year period. And delaying the result by what ever means, still attracts demerits from the date of offence.

Smifffy
19th May 2011, 18:31
Ooops, left out the advice. If you are serious about avoiding disqual:

Get yourself a lawyer son, you goin need a real good one.

quazimoto
19th May 2011, 18:35
dont worry about it too much, bikers dont get pulled over unless there doin something stupid, so just remember to be extra carefull during your three months =)

FJRider
19th May 2011, 19:29
How about just slow down for a couple of years?

Three months walking .. slow enough ... ??? :killingme

FJRider
19th May 2011, 19:38
Um yep, i read that when you posted it earlier. Are you basing your info on the info on this site or experience.

...that same site (along with the nzta site) also says the 100 points must be within a two year period. Whether they are removed or not is neither here nor there, based on what was written anything older than two years from the latest offense can surely not be factored in the calculation

ANYBODY that bases their knowledge on information gained in THIS site ... :facepalm:

And yes ACTUAL experience ...

What YOU choose to believe is YOUR choice ... :shutup:

As the site states ... the two year period STARTS when the LAST demerit points were awarded .. NOT the FIRST .... :crybaby:

Which PART of that don't you understand ... ???

Dont believe me ... try it YOUR way ... walking IS good for you ... :yes:

FJRider
19th May 2011, 19:51
Interesting approach by the authorities. "We sent you a letter. Didn't receive it? Too bad"

Perhaps people should use that approach when sending in a cheque for paying speeding taxes?
"I posted the $$$'s. You didn't receive it? Too bad".

Those that dont live at the address stated on their rego ... can't blame the postal service (or lack of) ... or the "authorities" ...

Geeen
19th May 2011, 20:13
She looks like a fucking chimpanzee:blink:

Sorry mate, Hate to tell you. That's a Guy :blink:

Luckylegs
19th May 2011, 20:18
ANYBODY that bases their knowledge on information gained in THIS site ... :facepalm:

And yes ACTUAL experience ...

What YOU choose to believe is YOUR choice ... :shutup:

As the site states ... the two year period STARTS when the LAST demerit points were awarded .. NOT the FIRST .... :crybaby:

Which PART of that don't you understand ... ???

Dont believe me ... try it YOUR way ... walking IS good for you ... :yes:

What you talking about willis!

I was talking about the sit you linked, not kiwibiker ya knob.

...as for "my way" I'm just quoting another sentence from the same site as you and trying to reconcile them in my my mind.

Luckylegs
19th May 2011, 22:28
Section 88(4), LT Act 1998:

Demerit points recorded under subsection (1) have effect on and from the date of the commission of the offence for which the points are recorded.



Section 91, LT Act 1998:

1 Cancellation and reinstatement of demerit points

(1) When 2 years have elapsed since the commission of an offence in respect of which demerit points were recorded, the entry of the points made in respect of that offence ceases to have effect in relation to the person who committed that offence; but if demerit points were recorded in respect of 2 or more offences committed by that person, the entry ceases to have effect when 2 years have elapsed since the commission of the most recent of those offences


So if you have a 2nd offence (say 1 year 364 days after the first one), the demerits from your first offence then attract another 2 year period. And delaying the result by what ever means, still attracts demerits from the date of offence.

Hey!!! Whaddaya know!!! After reading this a number of times and then looking up the act myself, I figured out how to make sense of this.

I assume the key, and what I hadn't realized before (and what fjrider was probably trying get at) is that demerits actually a single incrementing/rollin counter rather than an array of individual values.

...bugger so full circle to where I joined this thread. My demerit total was last incremented (to 75) August 2009 so I better keep behavin for another three months

Gubb
19th May 2011, 23:52
She looks like a fucking chimpanzee:blink:
.........She?

Ricardo S
27th May 2011, 17:35
Another long shot is to go to the issuing officer and speak to him. explain that after receiving the ticket, you finally did the right thing and got your restricted, and ask if there is anything you can do. I highly doubt youll get anywhere.



how do i contact the issuing officer?

DrunkenMistake
27th May 2011, 19:34
how do i contact the issuing officer?

Get pulled over in the same place?

tigertim20
27th May 2011, 20:09
how do i contact the issuing officer?

his details will be on the ticket. go into the local police station, show them the ticket and go from there. probably easier to just pay it though

Ricardo S
28th May 2011, 12:45
Get pulled over in the same place?

an idea yes, don't think it would be really healthy though

Ricardo S
28th May 2011, 12:50
his details will be on the ticket. go into the local police station, show them the ticket and go from there. probably easier to just pay it though

yeah, it definitely would be easier to pay. but 95 demerit points in one go, taking in to consideration that i wasn't speeding or doing anything particularly dangerous other than riding on the motorway is a bit of a too great consequence to go without trying and having a chat with him. btw does the officer have any authority to change a ticket that he issued previously?

cheers

BoristheBiter
28th May 2011, 13:17
Hey!!! Whaddaya know!!! After reading this a number of times and then looking up the act myself, I figured out how to make sense of this.

I assume the key, and what I hadn't realized before (and what fjrider was probably trying get at) is that demerits actually a single incrementing/rollin counter rather than an array of individual values.

...bugger so full circle to where I joined this thread. My demerit total was last incremented (to 75) August 2009 so I better keep behavin for another three months

Wow, I have just leant something on KB.

Now i am going to have a cry as i thought i was coming up to get my 50 points back but now have to wait until Oct 2012.
:crybaby::crybaby::crybaby::crybaby::crybaby::cryb aby::facepalm::crybaby::crybaby::thud:

Ricardo S
28th May 2011, 13:22
yeah, it definitely would be easier to pay. but 95 demerit points in one go, taking in to consideration that i wasn't speeding or doing anything particularly dangerous other than riding on the motorway is a bit of a too great consequence to go without trying and having a chat with him. btw does the officer have any authority to change a ticket that he issued previously?

cheers

what makes me extremely sad about it is that for the last 7 or 8 years i never ever had even 1 demerit point and never bothered about it - didn't even knew about it until my brother had a look at the ticket that was handed to me and explained about the points.

Owl
29th May 2011, 11:14
Wow, I have just leant something on KB.

Now i am going to have a cry as i thought i was coming up to get my 50 points back but now have to wait until Oct 2012.
:crybaby::crybaby::crybaby::crybaby::crybaby::cryb aby::facepalm::crybaby::crybaby::thud:

Don't cry just yet, as I call it bollocks!

I copped 35 demerits in Nov 2008, 35 in Apr 2009 and 20 in Feb 2011. The letter I received in March after paying the fine, stated I had 55 demerits, so the 35 from 2008 had already dropped off. It even had the date in April when the next 35 were due to go.

I'll be ringing tomorrow to confirm I'm back to 20 demerits.

Smifffy
29th May 2011, 22:06
Don't cry just yet, as I call it bollocks!

I copped 35 demerits in Nov 2008, 35 in Apr 2009 and 20 in Feb 2011. The letter I received in March after paying the fine, stated I had 55 demerits, so the 35 from 2008 had already dropped off. It even had the date in April when the next 35 were due to go.

I'll be ringing tomorrow to confirm I'm back to 20 demerits.

http://www.legislation.govt.nz/act/public/1998/0110/latest/DLM435014.html#DLM435014

Luckylegs
30th May 2011, 08:58
Wow, I have just leant something on KB.

Now i am going to have a cry as i thought i was coming up to get my 50 points back but now have to wait until Oct 2012.
:crybaby::crybaby::crybaby::crybaby::crybaby::cryb aby::facepalm::crybaby::crybaby::thud:

PANIC OVER!!!

We're OK. It was as I had originally thought (The points to drop off at their 2 year anniversary, whether youve had subsesuqent run ins with the law or not) and not what others were suggesting.

My Proof: (Similar to Owl's description above) I have just called the licensing people and confirmed my points balance. They have confirmed I have 40 which means the original 35 I earned back in May 22 2009 have expired. They also confirmed that of the forty I have left, they will expire in two lots in September and October respectively (Man did I have a good 2009 huh ? LOL).

So, full circle again... Man Im Dizzy :wacko:

BoristheBiter
30th May 2011, 09:24
PANIC OVER!!!

We're OK. It was as I had originally thought (The points to drop off at their 2 year anniversary, whether youve had subsesuqent run ins with the law or not) and not what others were suggesting.

My Proof: (Similar to Owl's description above) I have just called the licensing people and confirmed my points balance. They have confirmed I have 40 which means the original 35 I earned back in May 22 2009 have expired. They also confirmed that of the forty I have left, they will expire in two lots in September and October respectively (Man did I have a good 2009 huh ? LOL).

So, full circle again... Man Im Dizzy :wacko:

:woohoo::woohoo::woohoo::woohoo::woohoo::woohoo::w oohoo::woohoo::woohoo:

Happy again, thanks for good news on a Monday.

Owl
30th May 2011, 12:11
PANIC OVER!!!

Yep, I just phoned about mine and 35 demerits dropped off on 11th April. I'm now back to 20!:woohoo:

scumdog
30th May 2011, 12:15
You guys crack me up.:laugh:

First you create your own worry

Then you fret and sweat about it.

Classic!:clap:

Owl
30th May 2011, 12:23
You guys crack me up.:laugh:

First you create your own worry

Then you fret and sweat about it.

Classic!:clap:

I wasn't worried!:sweatdrop

Smifffy
30th May 2011, 16:07
You guys crack me up.:laugh:

First you create your own worry

Then you fret and sweat about it.

Classic!:clap:

So what is the deal with that piece of legislation then?

Ignored for administrative convenience?

Scuba_Steve
30th May 2011, 16:22
You guys crack me up.:laugh:

First you create your own worry

Then you fret and sweat about it.

Classic!:clap:

The sky is falling!!! the end in neigh!!! the russians are coming!!! RUN!!!

oneofsix
30th May 2011, 16:28
You guys crack me up.:laugh:

First you create your own worry

Then you fret and sweat about it.

Classic!:clap:

:Police: are all aliem agents just out to :doctor: us :innocent: bikers :p

DrunkenMistake
30th May 2011, 16:56
The sky is falling!!! the end in neigh!!! the russians are coming!!! RUN!!!

In Soviet Russia, Land fall on sky.

The Stranger
30th May 2011, 17:26
So what is the deal with that piece of legislation then?

Ignored for administrative convenience?

Very interesting.
It does appear to read as you suggest.

The "2 or more offences" does not state within what time frame. So does that 2 offences refer to the one ticket?

That may seem superfluous as now demerit points are backdated to the date of the offence, but it doesn't look like this clause has been amended (judging by the list of amendments).

BoristheBiter
30th May 2011, 17:30
I wasn't worried!:sweatdrop

I was.:yes: