View Full Version : Statute of limitations regarding 3 month license suspension?
Digitdion
12th June 2014, 00:20
So, the question I have is..........
It's all hypothetical of course
Let's say someone gets there license suspended for 3 months for being a naughty boy. My understanding is that either the police have to physically collect your license from you. Or a bailiff will have to serve you the paperwork.
Do the authorities have to do this in a certain timeframe? Say what if they did not catch up with the naughty person for 2 years. Can they still impose the 3 month ban?
Just a thought I would tap into the huge amount of brainpower in the forum.
Cheers
Akzle
12th June 2014, 07:23
judicature act.
Readey readey.
unstuck
12th June 2014, 08:21
So, the question I have is..........
It's all hypothetical of course
Let's say someone gets there license suspended for 3 months for being a naughty boy. My understanding is that either the police have to physically collect your license from you. Or a bailiff will have to serve you the paperwork.
Do the authorities have to do this in a certain timeframe? Say what if they did not catch up with the naughty person for 2 years. Can they still impose the 3 month ban?
Just a thought I would tap into the huge amount of brainpower in the forum.
Cheers
So what you really want to know is, where can you hide for 2 years.:shifty:
pritch
12th June 2014, 08:52
When the Government makes rules they tend to make them to their advantage, not to ours. It's only a wild uneducated guess, but if you were not contactable the time limit, if any, would not apply. In the case of a drivers licence, you could probably also be charged with an offence for failing to notify your change of address which is the case for a firearms licence.
Drew
12th June 2014, 08:53
There is no limit on the time frame for them to catch up with you. I kept telling the bailiff I wasn't home when he knocked on the door. When I finally grew up and accepted the paperwork, the look on his face was priceless.
If it's demerit points, they just keep coming round. If it's court ordered, they take it on the spot if you're there.
R650R
12th June 2014, 09:03
Statute of limitations only applies to minor charges like careless driving etc
As others said you need to just take whats coming and deal with it.
Don't be like the fool at a place I worked at, was same as you, evaded for two years or so. Then the tool bought himself a new mitsi evo and put his new address on rego papers, snapped!!!
He was a night shift driver, cops knocked on his door at 2pm and took his licence away. Boss was very pissed to have 3 hours notice of no driver available.
rastuscat
12th June 2014, 09:15
The way the system works.
When you first clock up 100 a letter is produced and it goes to process servers to serve. If they make 3 attempts and can't find you, your name gets entered on the Police system.
Next time (and it doesn't matter how long it takes) you get dealt with by Police (no, you don't even have to be driving a vehicle), they can serve you with a 3 month suspension commencing on the spot.
There are a series of warnings. When you get a ticket carrying demerits, that's the first warning. If you get another one, that's the second warning. As son as you get enough tickets to mount up to 100 points, that's the end of the warnings.
Reading between the lines, don't do shit that carries demerits. :brick:
http://www.nzta.govt.nz/licence/offences-penalties/demerit.html
Akzle
12th June 2014, 09:23
Reading between the lines, don't do shit that carries demerits. :brick:
*stop for cops.
Big Dog
12th June 2014, 12:16
The way the system works.
When you first clock up 100 a letter is produced and it goes to process servers to serve. If they make 3 attempts and can't find you, your name gets entered on the Police system.
Next time (and it doesn't matter how long it takes) you get dealt with by Police (no, you don't even have to be driving a vehicle), they can serve you with a 3 month suspension commencing on the spot.
There are a series of warnings. When you get a ticket carrying demerits, that's the first warning. If you get another one, that's the second warning. As son as you get enough tickets to mount up to 100 points, that's the end of the warnings.
Reading between the lines, don't do shit that carries demerits. :brick:
http://www.nzta.govt.nz/licence/offences-penalties/demerit.html
Definitely more demerits available than I knew about. There would be a few threads on here where people might change their tune about registration, helmet replacement, speed when travelling below posted limit etc if they took the time to peruse this list.
I definitely think with how rapidly the law changes these days a scratch and win (or computer equivalent should be part of renewing your license.
Even if you allowed people to do it from home with unlimited free attempts.
I always find it amazing how poor the average users understanding of road rules is.
Sometimes including my own.
Stupid phone / Tapatalk, apologies in advance.
HenryDorsetCase
12th June 2014, 12:32
They have road rules now?
Drew
12th June 2014, 13:16
They have road rules now?
I like to think of them as guidelines, and play a little game called 'spot the cop, before he spots me'.
rastuscat
12th June 2014, 13:32
Re changes to the rules, I work in that field, and even I can't keep up with the changes.
On another point, I've written to various ministers over the years but to no avail. Basically I've been banging my head on a brick wall.:brick:
The disparity of demerit point application is staggering.
You get points for having a noisy vehicle, but none for not wearing a seatbelt.
Better yet, you get points for not relicensing your vehicle, but none for going through a red or yellow light.
Go figure.
Akzle
12th June 2014, 15:46
The disparity of demerit point application is staggering.
You get points for having a noisy vehicle, but none for not wearing a seatbelt.
Better yet, you get points for not relicensing your vehicle, but none for going through a red or yellow light.
Go figure.
figure?
$255 million collected in 2011. 710* million "outstanding"
numbers you can fucking bank on.
to say nothing of the jews that got paid from issuing to collection. fuck yes. justice and shit!
Gremlin
12th June 2014, 16:10
There are a series of warnings. When you get a ticket carrying demerits, that's the first warning. If you get another one, that's the second warning. As son as you get enough tickets to mount up to 100 points, that's the end of the warnings.
You also get a letter in the mail from NZTA when you go past 50 demerits. You can also ring Driver Licensing to find out how many you've collected.
As said, they'll try to find you at home, then if encouraged enough, ring you to arrange a time (then show up before then anyway - surprise, still wasn't home :lol:) to collect your licence. They'll also visit on weekends.
If all of that fails, yep, it's in the system and instead you can have it removed roadside any time by the police.
Digitdion
14th June 2014, 11:41
Thanks for all the replies. I am not sure if any of you know what you are talking about, but it's all good. Classic too that some of you seem to add 2 plus 2 and get 68 when it comes to the details as in hypothetical.
Go the all blacks!
Akzle
14th June 2014, 13:08
I am not sure if any of you know what you are talking about, but it's all good.
you sir, have just clocked the internets.
Mike.Gayner
14th June 2014, 13:21
Thanks for all the replies. I am not sure if any of you know what you are talking about, but it's all good. Classic too that some of you seem to add 2 plus 2 and get 68 when it comes to the details as in hypothetical.
Go the all blacks!
What a cock.
People tend not to ask about license suspensions unless they're facing one.
pritch
14th June 2014, 13:38
I am not sure if any of you know what you are talking about.
Well, I mentioned that I didn't, but having read the thread you should have realised that at least one respndent does indeed know that of which he writes .
The words, "I work in that field," might generally be considered a good indication.
Good luck with whatever you decide to do when you leave school.
swbarnett
14th June 2014, 14:20
Reading between the lines, don't do shit that carries demerits. :brick:
Or just don't get caught.
unstuck
14th June 2014, 15:41
Or just don't get caught.
Yeah, this I like.:2thumbsup
FJRider
14th June 2014, 16:39
A Citizens Advice Bureau web site on the subject.
http://www.cab.org.nz/vat/tt/ad/Pages/DisqualificationSuspension.aspx
1. Demerit suspension
If you collect 100 or more demerit points over a two-year period, you will be suspended from driving for three months. The suspension period starts as soon as you receive the demerit suspension notice from the NZTA, the Police or an NZTA authorised agent.
2. Roadside licence suspension
If you are caught committing a serious driving offence which puts lives at risk, the Police can give you a 28-day roadside licence suspension. This means that the Police will take your drivers licence from you on the spot, and you cannot drive for 28 days. You might have to pay for your car to be removed from the roadside, as you won't be allowed to drive it home.
Interesting reading ..
http://www.nzta.govt.nz/resources/factsheets/55/driving-offences.html
Disqualifications and suspensions
If your licence has been suspended or you’ve been disqualified from driving by the courts, you’re not entitled to hold your licence and must surrender it to the court, the police, the Transport Agency or an authorised agent of the Transport Agency. If you’re caught driving while disqualified or suspended, the vehicle you’re driving will be seized and impounded for 28 days. It doesn’t matter whether it’s your vehicle or not.
At the end of your suspension or disqualification, you’ll be unlicensed and not entitled to drive until you have reinstated your licence. See the Reinstating your licence section for more information.
Reinstating your licence
At the end of a disqualification or suspension (other than 28-day roadside suspensions) or when your zero alcohol licence expires you will be unlicensed and are not entitled to drive until you have applied at a driver licensing agent to have your licence reinstated and a new licence has been issued. Any licence card held by you at the time of your suspension or disqualification will have been permanently cancelled.
swbarnett
14th June 2014, 16:48
At the end of a disqualification or suspension (other than 28-day roadside suspensions) or when your zero alcohol licence expires you will be unlicensed and are not entitled to drive until you have applied at a driver licensing agent to have your licence reinstated and a new licence has been issued. Any licence card held by you at the time of your suspension or disqualification will have been permanently cancelled.
So they've effectively lengthened all suspensions by stealth.
FJRider
14th June 2014, 17:30
So they've effectively lengthened all suspensions by stealth.
I have been told that a temporary license is issued until your "New" license card arrives in the mail. Any "effective" lengthening would be more due to the respective persons own lack of effort to renew it.
Remember ... if you haven't renewed your License after the suspension period has ended ... and ... If you’re caught driving while disqualified or suspended, the vehicle you’re driving will be seized and impounded for 28 days. It doesn’t matter whether it’s your vehicle or not.
Good incentive to renew your license .. is it not .. ??
Gremlin
14th June 2014, 17:37
So they've effectively lengthened all suspensions by stealth.
Not really. Walk into a centre on the day you're allowed to drive, eye sight blah blah, get the paper licence and the photo one is sent in the mail.
Don't forget some freaken photo ID, and since you don't have your driver's licence, you need to supply something else :facepalm:
FJRider
14th June 2014, 17:41
Yeah, this I like.:2thumbsup
You drive so as to not draw attention to yourself ... either by your driving style ... or the vehicle you're driving.
Doing both is bound to attract unwanted scrutiny.
swbarnett
14th June 2014, 17:51
I have been told that a temporary license is issued until your "New" license card arrives in the mail. Any "effective" lengthening would be more due to the respective persons own lack of effort to renew it.
Remember ... if you haven't renewed your License after the suspension period has ended ... and ... If you’re caught driving while disqualified or suspended, the vehicle you’re driving will be seized and impounded for 28 days. It doesn’t matter whether it’s your vehicle or not.
Good incentive to renew your license .. is it not .. ??
Not really. Walk into a centre on the day you're allowed to drive, eye sight blah blah, get the paper licence and the photo one is sent in the mail.
Don't forget some freaken photo ID, and since you don't have your driver's licence, you need to supply something else :facepalm:
I stand corrected (or rather I sit corrected). I had been told that you'd need to resit. Maybe that was only a proposal.
FJRider
14th June 2014, 18:02
I stand corrected (or rather I sit corrected). I had been told that you'd need to resit. Maybe that was only a proposal.
Lose your drivers license for MORE than 12 months (ie:12 months and one day) and you resit your License FROM SCRATCH. This DOES include learners/restricted etc ...
Gremlin
14th June 2014, 19:39
I stand corrected (or rather I sit corrected). I had been told that you'd need to resit. Maybe that was only a proposal.
Lose your drivers license for MORE than 12 months (ie:12 months and one day) and you resit your License FROM SCRATCH. This DOES include learners/restricted etc ...
What the FJ fella said, and that's a change, been in the last few years? Heard of a few 12 months 1 day handed out. Reckon you'll see more either with no licence or breaching conditions... Will people value their licences more? Doubt that "group" will think that way... Kinda like Dog licencing.
R650R
14th June 2014, 19:42
Thanks for all the replies. I am not sure if any of you know what you are talking about, but it's all good. Classic too that some of you seem to add 2 plus 2 and get 68 when it comes to the details as in hypothetical.
Go the all blacks!
Tui ad...
Just like all those other people who ask things on behald of friends with embarrassing medical problems etc....
unstuck
14th June 2014, 19:44
You drive so as to not draw attention to yourself ... either by your driving style ... or the vehicle you're driving.
Doing both is bound to attract unwanted scrutiny.
Usually the way I like to roll. :2thumbsup
FJRider
14th June 2014, 20:01
What the FJ fella said, and that's a change, been in the last few years? Heard of a few 12 months 1 day handed out. Reckon you'll see more either with no licence or breaching conditions... Will people value their licences more? Doubt that "group" will think that way... Kinda like Dog licencing.
At least with Dog licensing .. you can STILL shoot the offending animal ... :innocent:
Digitdion
14th June 2014, 23:08
A Citizens Advice Bureau web site on the subject.
http://www.cab.org.nz/vat/tt/ad/Pages/DisqualificationSuspension.aspx
1. Demerit suspension
If you collect 100 or more demerit points over a two-year period, you will be suspended from driving for three months. The suspension period starts as soon as you receive the demerit suspension notice from the NZTA, the Police or an NZTA authorised agent.
2. Roadside licence suspension
If you are caught committing a serious driving offence which puts lives at risk, the Police can give you a 28-day roadside licence suspension. This means that the Police will take your drivers licence from you on the spot, and you cannot drive for 28 days. You might have to pay for your car to be removed from the roadside, as you won't be allowed to drive it home.
Interesting reading ..
http://www.nzta.govt.nz/resources/factsheets/55/driving-offences.html
Disqualifications and suspensions
If your licence has been suspended or you’ve been disqualified from driving by the courts, you’re not entitled to hold your licence and must surrender it to the court, the police, the Transport Agency or an authorised agent of the Transport Agency. If you’re caught driving while disqualified or suspended, the vehicle you’re driving will be seized and impounded for 28 days. It doesn’t matter whether it’s your vehicle or not.
At the end of your suspension or disqualification, you’ll be unlicensed and not entitled to drive until you have reinstated your licence. See the Reinstating your licence section for more information.
. [/U][/I][/B]
Thanks for the info!
2smokes
15th June 2014, 09:11
Rastus knows what he is talking about. Be a good boy or you may get to discuss it with him in person.
rastuscat
15th June 2014, 21:04
Or just don't get caught.
Yeah, and when you get caught seek legal advice from Akzle and Scoober. It won't help but makes for amusing reading.
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