My points dilemma

[Richard Mc F]

OK

I have accumulated 70 demrits in about 18 months, got pinged thursday for 142 kmh, so 28 days and a ticket, and another 50 demerits, I am of the opinion that 6 months clears demerits but what does 3 months do to them ?

Do I end up in a catch 22 of disqualification & demerits, ie 3 months, still have over the magic 100 demerits, more disqualification :crybaby:

LTSA website seems very vague, not trying to get off.....just to comprehend:buggerd:

[chanceyy]

OK

I have accumulated 70 demrits in about 18 months, got pinged thursday for 142 kmh, so 28 days and a ticket, and another 50 demerits, I am of the opinion that 6 months clears demerits but what does 3 months do to them ?

Do I end up in a catch 22 of disqualification & demerits, ie 3 months, still have over the magic 100 demerits, more disqualification :crybaby:

LTSA website seems very vague, not trying to get off.....just to comprehend:buggerd:

pm oscarnz she can tell you wot the guts is with that

[Ixion]

AT PRESENT the three months suspension clears the slate. One of the current proposals from the government would amend this so that a suspension would only clear 100 points leaving any balance

[Sensei]

Had the same lost it twice . Speeding then they came back with your demerits are over 100 give us your licence again .

[Mom]

OK

:buggerd:

I dont understand all the ins and outs of disqualification wiping demerits, all I want to say is BUGGER! I am picking your ears are warmed enough without my input! :love:

[Richard Mc F]

thanks for the help, and Mom......yeah If I said I dont speed much.........some would say tui.......but a quick overtake on the overtaking lane just south and pinnnnnnnng, i am getting a constant stream of smart arse remarks,...........and deserve it, did I mention it was on the "shop bike"? the day before my 3 month reveiw ? DOH

Did not appreciate the being caught but did appreciate that I was allowed to continue home.

Please donate generously to get a grumpy old man a radar detector fund

[icekiwi]

I know how you feel dude....
Earnt myself 50 on the weekend to go with the 60 i was sitting on...
I understand as soon as you pay the ticket it goes on your record an over 100pts and out.How long generaly till they come for it?...

[BLazeD]

How long since you last got demerit points do they all clear, asssuming you have under 100.

Is it 2 years of no infringing?

[Ixion]

Yep.Exactly so.

[BLazeD]

That's BS. So you could get 10 km/hr over the limit tickets every 2 years for 10 years and still lose your license

[Ixion]

Yes. Exactly so

[KiwiRat]

I know how you feel dude....
Earnt myself 50 on the weekend to go with the 60 i was sitting on...
I understand as soon as you pay the ticket it goes on your record an over 100pts and out.How long generaly till they come for it?...

The points take effect immediately. Every week LTSA get an updated list of license holders with over 100 demerits. They then pass this list on to Baycorp who then serve you with your suspension notice. If you start getting cryptic leaflets in your mailbox with a Baycorp letterhead and a note to call a particular person (a CELLPHONE by the way!) that's what it's all about.

I don't owe anybody any money, so I just ignored them. It wasn't until we were talking at work about "when the points get registered against you" etc that I rang LTSA and asked what the procedure was. What they told me is what I have posted above.

They still haven't served me yet because I haven't rung that guy. There's NO WAY in hell I am going to pay for the telephone call that will result in me being suspended. I know it's going to happen eventually, but not on my dime buddy.

P.S. I'm sitting on 170 demerits. The last time I got pulled over for a slightly illegal overtake by Western Springs, (car pulls out of side street, then does 35 km/hr in front of me. I just roll past them on the painted median strip) the cop goes and checks my licence. I think he took pity on me 'cos when he came back he mentioned the 170 points and told me to take it easy as I would be the one getting killed. It was all a bit strange as when he got out of his car he was all "What was all that about?" etc. The laid back reply of "Just another example of poor decision making really." must have taken the wind out of his sails.

Hope this sheds a bit of light for ya. :)

[barty5]

last time i got a ticket i delayed paying for as you do then found out that the point dont go on till you pay for it cause up to that point you are still able to take it to court and try to get off it. So if your point are high but close to the two years were they get reset (56 Days) wait for the reminder you get sent after the ticket then wait for the second reminder a further 28 day points get reset and yuor new point are added.

[gijoe1313]

proops! :pinch: T'ain't no way to be going! I do recall our convo about being daft at times ... ye didn't have to go out and prove it! :lol: :doh:

Going to be riding a pushie then?

[Str8 Jacket]

last time i got a ticket i delayed paying for as you do then found out that the point dont go on till you pay for it cause up to that point you are still able to take it to court and try to get off it. So if your point are high but close to the two years were they get reset (56 Days) wait for the reminder you get sent after the ticket then wait for the second reminder a further 28 day points get reset and yuor new point are added.

EHHHHHHH!!! Wrong!....

[barty5]

EHHHHHHH!!! Wrong!....

well thats how it use to be pissed me off delay pay as didnt have the money wasnt till after i made the payment did i get a letter date same day after i made payment that points had been put on. guess it may have change in the last 6 years still clean no points and hopefully keepin it that way.

[Str8 Jacket]

well thats how it use to be pissed me off delay pay as didnt have the money wasnt till after i made the payment did i get a letter date same day after i made payment that points had been put on. guess it may have change in the last 6 years still clean no points and hopefully keepin it that way.

Ah, yeah....... Not sure about 6+ years ago but I worked for the MoJ for 5 years (leaving there 6 months ago) and things had changed then. I spent the first 18 months collecting fines and im pretty sure that as soon as you got the ticket that you got the points, that or as soon as it was imposed into the court system.... I could be wrong though as I havent worked in collections for over 3.5 years!

[swbarnett]

That's BS. So you could get 10 km/hr over the limit tickets every 2 years for 10 years and still lose your license
Actually (unless it's changed) the way I understand it the demerit points for each ticket drop off two years after the ticket was issued.

Some years back (less than ten) I had a several tickets to my name at once. I checked with LTSA at the two year mark for each of them and watched the demerits slowly drop to zero.

[Coldrider]

Ah, yeah....... Not sure about 6+ years ago but I worked for the MoJ for 5 years (leaving there 6 months ago) and things had changed then. I spent the first 18 months collecting fines and im pretty sure that as soon as you got the ticket that you got the points, that or as soon as it was imposed into the court system.... I could be wrong though as I havent worked in collections for over 3.5 years!
At which stage is one deemed guilty, I would have thought payment of the fine admits guilt, hence the demerits would be added then.

[Str8 Jacket]

At which stage is one deemed guilty, I would have thought payment of the fine admits guilt, hence the demerits would be added then.

hmmmmmm...... Basically you get a fine from the police. You have 28 day's to pay it with them OR dispute it or ask for your day in court. If you do neither, folllowing the correct procedures then your fine is sent to court. Once it's in the court system then it can not be withdrawn unless the Police request it and the court can make you pay it a few ways, no matter if you are guilty or not at this stage. Some people NEVR pay their fines how the heck do they lose their points?..... Im pretty sure the points are added automatically and are removed if the offence is withdrawn. BUT like I say, I could be wrong. There are a few Police types on KB, they might be able to clarify......

[KiwiRat]

The best way to find out is not to ask all the Bush Lawyers here, (me included if you like) but to ring LTSA and ask the kind lady on the phone how the process works. She will very kindly tell the simple biker (like she told this simple biker) what happens, when it happens, etc, etc.

Look, I'll make it even easier for all concerned. It's a toll free number for the Driver Licencing Contact Centre: 0800 822 422 Don't be shy, a little bit of knowledge won't hurt.:msn-wink:

[PrincessBandit]

I'm going to be the boring old sensible mum here and say "you haven't thought about riding in a way which stops them amassing?" :dodge:
*PB goes back to her day job of organising world peace and saving the dolphins and ending world hunger....*

[jaykay]

Sorry for dragging this thread up, but it may have connections with Reminder Notices.

Demerit points cannot be added to your licence until you are found guilty in court or the fine is paid. The points are effectively backdated to the offence date - and will drop off two years later.

The problem area is where Reminder Notices are ignored and the fine is passed to the courts for them to collect. I presume (but I'm not certain) that any points are added when the Notice of Fine payment date is passed or the fine is paid.
If however, the Reminder Notice is filed in the court as an unpaid fine without a good reason (ie you asked for a hearing and the police ignored it), then you can fill in a Form 57 saying you 'reasonably believed you asked for a hearing'.

As soon as the court accepts this form, the order made (to pay the fine) ceases to have effect - and the court cannot enforce payment. Presumably the demerit points must also be put on hold. It would then be quite possible to have a hearing, be found not guilty and any demerit points wouldn't apply in any case.

Note the Police only have six months to take you to court from the date of the alleged offence, so delaying tactics are often the way to go.

[Speedracer]

If however, the Reminder Notice is filed in the court as an unpaid fine without a good reason (ie you asked for a hearing and the police ignored it), then you can fill in a Form 57 saying you 'reasonably believed you asked for a hearing'.

As soon as the court accepts this form, the order made (to pay the fine) ceases to have effect - and the court cannot enforce payment. Presumably the demerit points must also be put on hold. It would then be quite possible to have a hearing, be found not guilty and any demerit points wouldn't apply in any case.

Note the Police only have six months to take you to court from the date of the alleged offence, so delaying tactics are often the way to go.

Please elaborate on this, is this taking to court as in a defended hearing? Surely if you say you asked for a hearing they will give you one, not just drop the matter for 4 months...

[jaykay]

As far as I can work out the Police try to avoid hearings - either by saying you were too late, or by withdrawing at the last minute (the last one I helped with was dropped at 9pm the day before the hearing, by telephone).

If the police say you were too late asking for a hearing, they inform the court the fine is unpaid and tell you that the police no longer have any jurisdiction in the matter.

The court system is then very slow about chasing up outstanding fines. A couple of friends of mine have been waiting over a year - when chasing up eventually occurs they will fill in Form 57s, probably get sent another Reminder Notice - and the whole process starts again.

[saltydog]

If U dont automatically get suspended....... dont pay the fine, forget the first reminder, wait for the red reminder then send in $405.. (say for a $400 fine), they muck around getting you a refund (overpayment), you get the refund for $5 but never cash it. The transaction and your dermits never get completed. By that time you other dermits have expired.
Apparently! ha it sounds like a classic case of the artful dodger to me, but it makes sence. Any one heard of this one?

[Biggles08]

If U dont automatically get suspended....... dont pay the fine, forget the first reminder, wait for the red reminder then send in $405.. (say for a $400 fine), they muck around getting you a refund (overpayment), you get the refund for $5 but never cash it. The transaction and your dermits never get completed. By that time you other dermits have expired.
Apparently! ha it sounds like a classic case of the artful dodger to me, but it makes sence. Any one heard of this one?


That was the way it used to be but now if you write a cheque out for the wrong amount they will return the whole cheque and the deadline remains the same...they figured this one out a while back...sorry.

[avgas]

have been in the same boat several times. But never lost it. I basically stopped at 70-80 pts everytime. If you can't slow down on the current bike ride one that you can't speed on. Worked for me.
But yes you only loose the points 2 years after you were given them
eg
40 pts + 6 months + 50 pts + 19 months = 50pts not 0pts.

[Bloody Mad Woman (BMW)]

Actually (unless it's changed) the way I understand it the demerit points for each ticket drop off two years after the ticket was issued.

Some years back (less than ten) I had a several tickets to my name at once. I checked with LTSA at the two year mark for each of them and watched the demerits slowly drop to zero.

This is correct - each fine has a 2 year life. Thank god or I would be walking!

[Patrick]

Note the Police only have six months to take you to court from the date of the alleged offence, so delaying tactics are often the way to go.


Oh dear..... a bush lawyer...:slap:

They have 6 months to lay a charge (an "information" in a court ie: the "charge"), not 6 months to get you to court. Delay all you like, once the charge is laid....

[Patrick]

OK

I have accumulated 70 demrits in about 18 months, got pinged thursday for 142 kmh, so 28 days and a ticket, and another 50 demerits, I am of the opinion that 6 months clears demerits but what does 3 months do to them ?

Do I end up in a catch 22 of disqualification & demerits, ie 3 months, still have over the magic 100 demerits, more disqualification :crybaby:

LTSA website seems very vague, not trying to get off.....just to comprehend:buggerd:


Is the 142 in a 50 zone?

This reads as 50 demerits $510 speed ticket type of thing, which means that you will go up to 120 demerit points. At the mo, once suspended for three months, all the 120 will be wiped. It is true that there are plans afoot to see the system wipe out 100 points only, leaving, in your case, 20 toward the next time, if there was to be a next time...