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Thread: Damn Damn Damn Damn

  1. #46
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    I checked with LTSA etc - and it is from date of offence - not payment. It was an old loophole that was closed about 48 months ago.

  2. #47
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    Wow!

    http://www.ltsa.govt.nz/roadcode/dri...the-line1.html

    Demerit points will also be removed if you have not offended for 2 years.
    I wonder how many other people were under the impression that you lose points incurred for offences older than 2 years, regardless of whether you had incurred more points since then.

  3. #48
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    Quote Originally Posted by bungbung
    Wow!

    http://www.ltsa.govt.nz/roadcode/dri...the-line1.html



    I wonder how many other people were under the impression that you lose points incurred for offences older than 2 years, regardless of whether you had incurred more points since then.
    Interesting - driving when prohibited is only 35 points?
    as are failure to remain stopped when stopped by a Cuntstable, or not stopping at all.

    Kinda funny really given the severity of the act

  4. #49
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    PS - on the whole demerit point argument
    (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.
    Straight from the Land Transport Act 1998 Part 7 Section 91.

    Right you are. It is two years from the date of the most recent - not the date in which they occurred.

  5. #50
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    Quote Originally Posted by wkid_one
    PS - on the whole demerit point argument
    (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.
    Straight from the Land Transport Act 1998 Part 7 Section 91.




    Right you are. It is two years from the date of the most recent - not the date in which they occurred.
    I thought that rule only applied when there were two or more charges relating set of offenses where one or more were opposed (defended) in which case they were applied from the date that the last matter was settled.

    Only demerits I ever had were for dangerous driving, 25.
    (aqua planed a falcon )

  6. #51
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    Quote Originally Posted by wkid_one
    PS - on the whole demerit point argument
    (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.
    Straight from the Land Transport Act 1998 Part 7 Section 91.

    Right you are. It is two years from the date of the most recent - not the date in which they occurred.
    Crap I here ya BUT, having been in this suition many a time I have spoken to the LTSA and they told me that you will lose demerit points 2yrs after they were awarded regardless of geting more......Otherwise I would have lost my licence serveral times over

    The last time I spoke to them was a year ago and I lost it then I was also told that points were awarded from when you pay the fine or when it goes to court HOWEVER the points are back dated to when the offence was comited.

    eg: I was up to 90dp and I got another 20 withen 2yrs BUT it takes 3 months before it goes to court if you do not pay. I needed 2months and 2 weeks before I lose 20dp so I let it go to court....I then recieved the extra points that were back dated BUT in the mean time (2 weeks earlyer) I lost 20 so I did NOT loose my licence.
    My total points were gained in a 1yr period so acording to the quote above I should have lost it anyway.

    Any how I was nicked twice more in 1 month so I walked anyway having gone out with 165 drive buy points

    However I aint gona take the chance again so I now (as a general rule) stick to the speed limit as I have read that you can be done in a 50kph zone if exceding the limit by 4.5km and in a 100kph zone 9km

    And please not that I except your point of view I must of just been lucky there for a while.
    Also none of my fines were for doing more that 20kph over in a 100kph zone.
    And when I lost it I still drove like nothing had changed
    cheers DD
    (Definately Dodgy)



  7. #52
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    here it is - how and when demerits are added to your licence. some of you guys really need to learn how to search and read legislation before making your statements.

    (from S.88, LT Act 1998)


    (4)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.

    (5)In the case of an infringement offence where an infringement notice has been issued and the infringement fee paid to the enforcement authority at the address for payment specified in the notice before or within 28 days after service of a reminder notice for that offence, the following provisions apply for the purposes of subsection (4):
    (a)The date on which the infringement notice was issued is to be treated as the date on which the offence was committed:
    (b)A summary conviction for the offence is deemed to have been entered against the offender on the date of the payment of the infringement fee.
    .........................................

    here's the link i use:
    http://www.legislation.govt.nz

  8. #53
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    Quote Originally Posted by Wenier
    With the demerit points ill try to explain this in the best english i can.
    1. Until you pay your ticket demerit points from that ticket will not be added to your name.
    2. If you get a ticket in march 03 and another in april 03 the demerits from the one in march will be deducted in march 05 likewise with the april one, they will be gone in april 05.
    3. you get a couple of letters before actually having to pay your tickets.
    4. If you are on 90 demerits (limit is 100) and you get a ticket of 25 demerits, and say 35 demerits of the 90 will be deducted in 40days, dont pay your ticket until those demerits are gone that way you will not have exceeded 100.



    I hope that is understandable, if you have any more questions on it post it and ill respond asap.

    Therefore wut i have stated here is the same as wut dangerous has stated above and i am pretty sure it is right and i will know definitely in 1 and a half years if it is infact right.

    I also know someone who has currently got 300+ demerits but hasnt lost his license as he hasnt paid any of the fines therefore this would further prove me and dangerous to be right. But when the court part comes around hes fucked
    Those who dont learn from history, are doomed to repeat it.

  9. #54
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    Quote Originally Posted by dangerous

    However I aint gona take the chance again so I now (as a general rule) stick to the speed limit as I have read that you can be done in a 50kph zone if exceding the limit by 4.5km and in a 100kph zone 9km

    :
    The policy is still a live ticket for more than 10km/h over the limit.
    Lou

  10. #55
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    this is confusing because acts are being quoted which I take to be the authority and yet i am hearing reports to the contrary. my concern is that this matter is clarified so we KNOW where we stand.
    I lost my license 8 yrs ago for incurring 3*35 demerit points in a 2 year period, the spread of the 3 speeding offences was in fact 23 months and I am concerned that paying my fine within 28 days instead of dragging it out resulted in me losing my license for 3 mths, when I could have avoided it. Of course at the time I was unaware of this. I feel very foolish indeed under that scenario. what is the truth i have to know how dumb i really am/was.

  11. #56
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    Quote Originally Posted by marty
    here it is - how and when demerits are added to your licence. some of you guys really need to learn how to search and read legislation before making your statements.

    (from S.88, LT Act 1998)


    (4)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.

    (5)In the case of an infringement offence where an infringement notice has been issued and the infringement fee paid to the enforcement authority at the address for payment specified in the notice before or within 28 days after service of a reminder notice for that offence, the following provisions apply for the purposes of subsection (4):
    (a)The date on which the infringement notice was issued is to be treated as the date on which the offence was committed:
    (b)A summary conviction for the offence is deemed to have been entered against the offender on the date of the payment of the infringement fee.
    .........................................

    here's the link i use:
    http://www.legislation.govt.nz
    You use the same link as me....

    I have also called to confirm this based on my offence for speeding. The demerit points were loaded to my name with the date I was caught speeding - not 54 days later when I paid the fine

  12. #57
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    Quote Originally Posted by 750Y
    I feel very foolish indeed under that scenario. what is the truth i have to know how dumb i really am/was.
    Ummmmm.....Yeh but not a lot of people are aware of this and hay, you've done ya time now.

    After 28 days you get a reminder after another 28 days you get a letter saying that you'r of to court which is somwere between another month.
    If you pay the fine before this court date then you have acepted being guility and the D/pionts go on your licence (back dated to the day of the fine)
    If you let it go to court then you'r automaticaly found guilty and the points are regested and you get a extra $30 court cost added.

    But as I have found $30 (twice) is cheap if you get to keep your licence
    cheers DD
    (Definately Dodgy)



  13. #58
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    Quote Originally Posted by matthewt
    Laser jammers are still legal, radar jammers are a big no-no (I think because they are radar transmitters and you need a license for that).
    I know a mate who was cited for "obstructing an officer in the course of his duty" for having a jammer. They'll get you if the really want to no matter what.
    uno patito dalle motociclette italiane

  14. #59
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    Quote Originally Posted by bikerboy
    I know a mate who was cited for "obstructing an officer in the course of his duty" for having a jammer. They'll get you if the really want to no matter what.
    Hmmmm,He must have admited it was turned on.
    My HP mate tells me he won't pull somebody for jamming because he can't prove it was the jammer causing the missed shot,And he misses heaps,most nothing to do with jammers.
    And just another thing while we're at it,Anybody that thinks the cops don't know what a jammer or any other device looks like,
    ,,Your kidding yourself,

  15. #60
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    Quote Originally Posted by bikerboy
    I know a mate who was cited for "obstructing an officer in the course of his duty" for having a jammer. They'll get you if the really want to no matter what.
    I bet he didn't defend it. The cop has to prove exactly what obstruction was caused, i.e. that the offender had been speeding and he was unable to apprehend him because of the use of the jammer. Which is impossible.
    We'd been down the same road years ago with headlight flashing. The Crown solicitor wouldn't wear charges of obstruction for the same reasons.
    Lou

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