Demerit Points Query

[justsomeguy]

Any comments on this post???

##### wrote "I didn't know your demerits last for 2 years from time of infringement either."

Well bud, those points last forever if you keep topping them up inside 2 years since you last got caught. And, they don't run from time of infringement either, they tally from date of PAYMENT. Sooooo, record your date of payment somewhere and play it safe for a couple of years, OR, if you're getting real close to losing it just plan a 3 month overseas holiday and blat past a cop. Unless that is unless you've racked 'em up inside a year in which case you'll need a six month holiday!

The other sneak is to delay payment if you can until the two years is up, that way you don't add the insult to the injury and you get an almost clean slate for another two years if you're careful.

Not a lot of people know that. Bugger the IRD and the cops, I say its OUR job to be fair!

[k14]

WHAT??? Marty I've never heard that before. Hope like hell you are wrong.
I got a warning notice in Nov. 04 when I got a second lot of demerits. The letter said "demerit points remain active for a period of 2 years from the offence date unless
* you are suspended due to demerit points
*The Courts disqualify you for 6 mths or more"

No mention of the points being extended everytime you get more tickets. Shit that's so unfair. Demerits could last for 10 years or more using your example.
I will ring the pricks tomorrow to see what my balance is and how much for an overdraft. Fixed or floating I don't care.

Yep he's right, I used to think that they just lasted for 2 years no matter what, but no, they last for 2 years from the last ticket.

I'm on 0, 2 years and about 4 months since my last lot

[MD]

Yep he's right, I used to think that they just lasted for 2 years no matter what, but no, they last for 2 years from the last ticket.

I'm on 0, 2 years and about 4 months since my last lot

Shit shit shit that must put me way back up there. Time to send a disgruntled postal worker with lots of fire power to visit LTNZ

[marty]

http://www.legislation.govt.nz/brows...wtype=contents


sorry it doesn't go straight to the page - click L in the left column, then LAND TRANSPORT ACT 1998, then go to part 7. scroll down to s88/89

[notme]

True cos you may either be dead or under arrest. Who gives a shit bout a few lousy demerit points then huh??

Besides unless you are on an open Motorway and can do over 200 wont a commodore catch up pretty easily?? Those things aren't that slow are they??

Weeeeeel.... here at work the "other" work vehicles have among them a supercharged commie sedan and an SS ute....they have both taken on the CBR and lost....by LOTS

Then again the drivers don't get wet when it rains.

[What?]

Were you in the company motormavehicule? Ticket?

I think the US of A is a bit out of Scumdog's jurisdiction...

[marty]

unless they've built a freeway (that word's a clue) down otago ways....

[MD]

Marty thanks for the link it cost me a nights sleep!. The Act s91 Reads something like "íf 2 or more offences are entered over a 2 yr period the entry is cancelled 2 yrs from the most recent entry" The words 'most recent' certainly sounded like what you said. I rung the LT registry to check my understanding and big relief they said its all about getting 100 or more points within any 2 yr period and checking my balance proved my understanding that after 2 yrs they drop off even though you may be a regular charitable type collector (ME!) of points ever 12 or 18 odd months. Using my example I won 35 points 12 mths ago and 20 points 28 months ago. By the logic of the piss poor worded Act the 12 mth old points would have kept the 28 mth points active but they are gone- sigh of relief.
In the end the bloody system works, I've got to spend all my time watching the speedo now and to hell with everything else around me. Suggest you all stay 100m away from me I'm going to be a road safety hazzard for 2 more years. Well done Lawmakers we award thousands of dollars to people like Gillies who probably laughs every day how he crippled a cop with a screw driver then gets a cash bonus then released to cause more harm and weasel out of a rape charge. And I'm made to feel like a criminal for doing 115kph passing a truck in a passing lane. Where's the justice.

[k14]

Marty thanks for the link it cost me a nights sleep!. The Act s91 Reads something like "íf 2 or more offences are entered over a 2 yr period the entry is cancelled 2 yrs from the most recent entry" The words 'most recent offence' certainly sounded like what you said. I rung the LT registry to check my understanding and big relief they said its all about getting 100 or more points within any 2 yr period and checking my balance proved my understanding that after 2 yrs they drop off even though you may be a regular charitable type collector (ME!) of points ever 12 or 18 odd months. Using my example I won 35 points 12 mths ago and 20 points 28 months ago. By the logic of the piss poor worded Act the 12 mth old points would have kept the 28 mth points active but they are gone- sigh of relief.
In the end the bloody system works, I've got to spend all my time watching the speedo now and to hell with everything else around me. Suggest you all stay 100m away from me I'm going to be a road safety hazzard for 2 more years. Well done Lawmakers we award thousands of dollars to people like Gillies who probably laughs every day how he crippled a cop with a screw driver then gets a cash bonus then released to cause more harm and weasel out of a rape charge. And I'm made to feel like a criminal for doing 115kph passing a truck in a passing lane. Where's the justice.

Woah now that is interesting. Very good to know that mate, wonder why the law says otherwise. Maybe it's been changed and the website still says the old one. Thanks for clearing that one up.

[Phurrball]

s90(1) If, in any 2-year period, a total of 100 or more demerit points is recorded against a person, the Director must, by notice in writing given to that person, either—

(a)Suspend that person's current driver licence for 3 months; or

(b)If the person does not hold a current driver licence on the date of the giving of the notice, disqualify the person from holding or obtaining a driver licence for 3 months, and the suspension or disqualification starts on the date the notice is given to that person.

The law doesn't say otherwise - think of it this way: Points are recorded, they drop off 2 years from when they are recorded. If at any time there are 100 or more points simultaneously recorded against your name, licence loss for 3 months...As the points expire after 2 years, then the only way of getting 100+ is for the points to be recorded in a 2 year period.

Makes sense to me?

[Ixion]

The confusing bit is (my emphasis)

91.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.

Which would appear to indicate that points have no effect after two years, BUT if you have more than one offence the two years date from the latest one.

The wording is vague and contradicts S90. Note that S90 and S91 are not related. S90 clearly says that you only lose your licence if 100 points are RECORDED against you in a two year period. So in theory it would appear that you could have more than 100 points yet still keep your lience. But I don't think that's how it works in practcie.

[justsomeguy]

S90 clearly says that you only lose your licence if 100 points are RECORDED against you in a two year period. So in theory it would appear that you could have more than 100 points yet still keep your lience. But I don't think that's how it works in practcie.

The theory seems quite simple. Any points over a hundred over a two year peroid will expire, so you are safe as long as you don't collect a 100 in 24 months.

How does it work in practice then?? Can the local experts please elaborate??

[Ixion]

The theory seems quite simple. Any points over a hundred over a two year peroid will expire, so you are safe as long as you don't collect a 100 in 24 months.

How does it work in practice then?? Can the local experts please elaborate??

Well, no. Or maybe yes. Because of

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 only one offence it expires after 2 years. Simple. But If you have several, S91 APPEARS to say that you have to wait 2 years from the date of the MOST RECENT ONE. But that contradicts S90.

I'm pretty certain this is where the confusion has arisen.

I don't know which is right. The conversation that MD had with LTSA appears to indicate that they take the common sense approach (LTSA - common sense ? MUST be wrong) , that points expire after two years. But some authorities have certainly claimed the other interpretation, that you have to have a two year "points free' window to get rid of them.

Has anyone lost their licence because of "more than two year old points" ?

[k14]

Well, no. Or maybe yes. Because of

So if you have only one offence it expires after 2 years. Simple. But If you have several, S91 APPEARS to say that you have to wait 2 years from the date of the MOST RECENT ONE. But that contradicts S90.

I'm pretty certain this is where the confusion has arisen.

I don't know which is right. The conversation that MD had with LTSA appears to indicate that they take the common sense approach (LTSA - common sense ? MUST be wrong) , that points expire after two years. But some authorities have certainly claimed the other interpretation, that you have to have a two year "points free' window to get rid of them.

Has anyone lost their licence because of "more than two year old points" ?

If you read MD's post up a few he suggests otherwise. I'd take his word if he heard it from the LTSA.

[Ixion]

If you read MD's post up a few he suggests otherwise. I'd take his word if he heard it from the LTSA.

Yes. taht's what I said "The conversation that MD had with LTSA appears to indicate that they take the common sense approach (LTSA - common sense ? MUST be wrong) , that points expire after two years."