Demerits for overtaking infringement? - cut my losses?

[Jamezo]

Well, apparently this morning I got a visit in absentia from Baycorp, which I then determined was a contracted serving of a suspension notice.

I was sitting on 75 points, but this is where it gets curious: I was issued an infringement a few months back for an incident even longer ago (my accident on the Wellington motorway), the infringement was for 'Unsafe passing maneuver' and $150. Great. I thought that was it, that being an instant fine type-thing.

I paid it, but in the time it took for them to get it, they sent a reminder notice, which also listed on the notice a 35 demerit point penalty. This makes no sense at all. I ignored it, but this has now caught up to me.

How can these demerits be seemingly tacked on at a later date? The road code lists 'Passing or attempting to pass where no passing lines are marked' as a 35-demerit offense, but I was doing nothing of the sort.

I'm going to ring LTSA, but this is FUBAR, I'd appreciate any help.

On a related note, would it be worth it to just let it slide and let them take my license? It would mean no more demerits, and I do not intend to get a new bike until next summer. On the other hand, it's not a great thing to have on your driving record.

[Grahameeboy]

I cannot find your offence on LTSA site.

Were there 'No Passing Lines"? If not then you seem to have a case to question.

Problem is that Officer is not obliged to tell you about the points. The ticket only shows points for speeding.

I got done for 'No Passing Lines' and guy told me "No Points".

Possible that Wellington process dept. may have misinterpreted the cops notice. My ticket said something different to the Notice I got.

I am sure one of the cops on this site can give you some advice.

I would not worry about having a 3 monther on your records. Hardly a major crime and in my case I had been conviction free for 25 years and it is just one of those things eh?

[sAsLEX]

I would not worry about having a 3 monther on your records. Hardly a major crime and in my case I had been conviction free for 25 years and it is just one of those things eh?

So it would have little effect on insurance?

[NighthawkNZ]

The road code lists 'Passing or attempting to pass where no passing lines are marked' as a 35-demerit offense, but I was doing nothing of the sort.

Going by this there are a lot of back roads in NZ you are not allowed to pass then...

[Grahameeboy]

So it would have little effect on insurance?

No it bumped my excess up....despite having no claims in 9 years which is arse about face cause normally the premium is hiked up.........but on the bright side I only pay if I have an accident so no complaints.

Anyway, I am not bothered....not a major in lifes schemes.:sunny:

[sAsLEX]

Going by this there are a lot of back roads in NZ you are not allowed to pass then...

I think you read it wrong like i did initially.

It says to pass where there are "no passing lines" ie yellow lines.

not to pass where there are not passing lanes marked........


But it is legal to pass on yellow lines so the charge is flawed it should read "crossed the yellow lines"

[sAsLEX]

No it bumped my excess up....despite having no claims in 9 years which is arse about face cause normally the premium is hiked up.........but on the bright side I only pay if I have an accident so no complaints.

Anyway, I am not bothered....not a major in lifes schemes.:sunny:

But your old..........

[Grahameeboy]

I think you read it wrong like i did initially.

It says to pass where there are "no passing lines" ie yellow lines.

not to pass where there are not passing lanes marked........


But it is legal to pass on yellow lines so the charge is flawed it should read "crossed the yellow lines"

Partly flawed cause I suspect Law was intended to apply to cages.

[sAsLEX]

Partly flawed cause I suspect Law was intended to apply to cages.

A cage can still pass on yellow lines, I do it all the time, if the "passee" realises they are a slow arse and pull in to the shoulder....

[NighthawkNZ]

I think you read it wrong like i did initially.

It says to pass where there are "no passing lines" ie yellow lines.

not to pass where there are not passing lanes marked........


But it is legal to pass on yellow lines so the charge is flawed it should read "crossed the yellow lines"

doh yup i did read wrong my bad...:doh: :stupid:


me put 2 and 2 together now :third:

[Grahameeboy]

But your old..........

Age is only a number Sir Alex...............if you can do 2,000m on a rower in 7.11 mins I will lend you my SV for the day..............take that you undersized napper.............:yes: :angry:

[Grahameeboy]

A cage can still pass on yellow lines, I do it all the time, if the "passee" realises they are a slow arse and pull in to the shoulder....

Yep....If?............

[gamgee]

Age is only a number Sir Alex...............if you can do 2,000m on a rower in 7.11 seconds I will lend you my SV for the day..............take that you undersized napper.............:yes: :angry:

sounds like you're reading the trip computer wrong, 2km in 7 seconds is insanely quick you'd have to be going over 1000km/h, 200m in 7 secs is a little more realistic :shutup:

[Grahameeboy]

sounds like you're reading the trip computer wrong, 2km in 7 seconds is insanely quick you'd have to be going over 1000km/h, 200m in 7 secs is a little more realistic :shutup:

Just edited....mins darling, mins...:done:

[gamgee]

Just edited....mins darling, mins...:done:

yeah that would work too :gob:

[sAsLEX]

Age is only a number Sir Alex...............if you can do 2,000m on a rower in 7.11 mins I will lend you my SV for the day..............take that you undersized napper.............:yes: :angry:

ah but you work in insurance do you not?

So you would realise us under 25 males are the devil incarnate according to what the insurance people say and we pay for it

[Grahameeboy]

ah but you work in insurance do you not?

So you would realise us under 25 males are the devil incarnate according to what the insurance people say and we pay for it

Got out of Insurance this year..........and thanks for keeping my premiums low.............

[Jamezo]

Just to clarify guys, there were zero yellow lines involved. Unsafe passing thingiemewhatsit.

[justsomeguy]

Graehme, young Alex is a professional homo -- I mean navy boy - so he may not be that unfit.
But 2km in 7min11secs?? :gob:Feck yera fit barsteward. I can barely do it in 9... mebbe 8.5 if I try to commit suicide...
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35 demerits and $150 is for dangerous overtaking.

As for them taking your license - your points expire 2 years from the day they were applied. So check when your first points expire.

Why is Baycorp asking you to pay and not the cops?

Just phone the constable who wrote you the ticket - you should find a number on the ticket or on any letters they sent you - mention the no points thing.

It should get taken off, you may have to go in and see them in person so that you don't get fobbed off.

[Grahameeboy]

Just to clarify guys, there were zero yellow lines involved. Unsafe passing thingiemewhatsit.

No expert but I reckon that the Cop issued a 'Non Demerit Points' ticket and the Wellington guys have misinterpreted.

I reckon you should write to Police and at least get some answers. They will contact the issueing Officer.

At end of day there has to be justice.

[Ixion]

Well, it could be 2.3(2)(b) Unsafe manoeuvre from lane. Or 2.6.1 Unsafe passing . Both are a $150 fine, but 2.6.1 carries 35 demerit points as well.

Sounds like maybe they upgraded the ticket?