Disqualified rider can still ride in NZ?

[fredie]

i want too do the right thing and be fully licenced in nz ,where is raro , i thought that loophole is closed

[tri boy]

Listen carefully fredie........"take Toasters advice".
I've been down the false ID gig funnily enough in your neck of the woods, and I'm telling you, it quickly goes from a relaxed "side of the road issue" into a criminal matter:
Supplying Voided document.
Wilfully misleading a police officer. (a biggy).
Supplying false name and address> (attempted to cover my arse)
As well as a couple of traffic infringements.
Dude, its not worth it. Ride a RGV250 on a learners, and enjoy the twisties.

[fredie]

can the nz RTA check aussie records

[HungusMaximist]

Listen carefully fredie........"take Toasters advice".
I've been down the false ID gig funnily enough in your neck of the woods, and I'm telling you, it quickly goes from a relaxed "side of the road issue" into a criminal matter:
Supplying Voided document.
Wilfully misleading a police officer. (a biggy).
Supplying false name and address> (attempted to cover my arse)
As well as a couple of traffic infringements.
Dude, its not worth it. Ride a RGV250 on a learners, and enjoy the twisties.

I don't get what you mean by false I.D?

If he has a disqualified Australian license it doesn't stop him being able to drive/ride here as long as he can produce his OZ license. You can either get it converted or you can keep using your Australian license.

Of course, this is probably not legal but as New Zealand probably won't be checking Australian license records as they are not linked by anyway. Like I mentioned when I converted my New Zealand license (but I wasn't required as legally you can use if for 12 months on the day you first arrived or start using a vehicle) they didn't ask me if I was disqualified or what. I signed the papers and they punched a hole in my NZ license and gave me a Victorian license as I needed it to sit the motorcycle test.

Fredie is only gonna get pinged if he does something really stupid, like literally really stupid, but then again I still wonder land transport/police going to access the Australian database to work out if he is disqualified.

I don't think Fredie is gonna go out there and give false details. He just wanna know if he can drive/ride in New Zealand with a 'going to be disqualified OZ license'.

Legally no, but I don't think there's anything here who is gonna check.
But if you wanna play it safe you can always resit the whole damm thing,

[fredie]

it looks like i need too go too nz and get my full nz licence . before i get disqualified here ,in a few months .. because i dont want be stuck on my nz learners L plate licence . because i have a yamaha r1 aswell that i like too ride over there

[tri boy]

Can't say you were not warned.
Do what ya like. Just don't whinge on here about a 2k charge against you when ya get nabbed.

[fredie]

i am doing the right thing . by getting my full aus licence transferd too a full kiwi licence . before im disqualified here in sydney . because if i leave too late. after im disqualified i will need too go on my nz L plates 250cc licencewhich i can avoid

[NinjaNanna]

As part of the License Transfer Procedure you need to supply your license record from Australia - not sure if this will stuff you up or not - but you need to supply the transcript.

[fredie]

tanscript .or record on paper . or my official NSW licence . i can do all that .no worries

[bikerlou]

sounds like yer proper fucked lol

meh just ride no license no numberplate...and don't get caught. hope ya good at runners...

[Skyryder]

The real downside is that if anything turns to custard, and I'm not just talking 'bout speed or related offences but those far more serious then you will not have a leg to stand on even if 'whatever' is no fault of your own. So it's shit without you licence, cream it for whatever reason and diarrhoea will be your fill for long long time.

Skyryder

[Ixion]

With respect, I think that some posters have misunderstood the OP's position. And, if I understand it correctly, it raises a most interesting point of law. Most interesting indeed.

The OP is not intending to assume a false identity. Or to make any false or misleading statement.

He has at present, legitmately, a valid Australian licence. He may obtain a New Zealand licence, presenting his Australian licence as evidence of his competance. There is in fact no such thing as a "conversion" of licence. What happens is that LTSA accept the foreign licence as evidence of competance and thus waive the test requirements. So far , so good. He intends to do nothing more than many people do each year.

However, the OP has been naughty. He is shortly to have to appear in court, and he expects that as a result the Australian court will disqualify him. Now, this fatc is NOT relevant to his application for a New Zealand licence (assuming he applies before the court hearing). After all, one is innocent till proven guilty. He is not disqualified until the court so orders.

So, the interesting question is: if the Australain court does disqualify him, it will in fact rule that he may not hold or apply for a licence IN AUSTRALIA. Can it also rule that he may not hold a licence in New Zealand ? I think not. NZ is a sovereign country, the rulings of Australian courts do not apply here. Indeed, even someone convicted for a serious crime (say murder) by a foreign court can only be arrested by the NZ police once a NZ court has made an order. The Australian writ will not run in NZ until endorsed by a NZ court.

If he has already been disqualifed when he applied for the NZ licence, then he can only gain the latter by a false (and criminal) statement. And LTSA do check the status of the foreign licence presented. But that is not what he proposes. He proposes to obtain a NZ licence legally before his (probable) disqualification. And bear in mind, it is possible, though unlikely, that he might NOT end up being disqualified . Prosecutors have stuffed up before today.

The interesting question then is : does a subsequent disqualification of the licence used to evidence competance retrospectively invalidate the legally issued NZ licence. I do not think it can. But it is a most interesting point and I would be very glad to hear argument from some of the site members more qualified than I to comment.

(Even if this is not the OPs position, it is a possible scenario, and the interesting point is still valid)

[The Pastor]

Hahaha, yeah go for gold mate!

How does it work tho, when you show ur oz licence to the ltsa or whoever - do they issue you a NZ licence or just let you drive on ur oz licence in NZ?

It sounds like its a grey area in the law - could go either way.

[fredie]

With respect, I think that some posters have misunderstood the OP's position. And, if I understand it correctly, it raises a most interesting point of law. Most interesting indeed.

The OP is not intending to assume a false identity. Or to make any false or misleading statement.

He has at present, legitmately, a valid Australian licence. He may obtain a New Zealand licence, presenting his Australian licence as evidence of his competance. There is in fact no such thing as a "conversion" of licence. What happens is that LTSA accept the foreign licence as evidence of competance and thus waive the test requirements. So far , so good. He intends to do nothing more than many people do each year.

However, the OP has been naughty. He is shortly to have to appear in court, and he expects that as a result the Australian court will disqualify him. Now, this fatc is NOT relevant to his application for a New Zealand licence (assuming he applies before the court hearing). After all, one is innocent till proven guilty. He is not disqualified until the court so orders.

So, the interesting question is: if the Australain court does disqualify him, it will in fact rule that he may not hold or apply for a licence IN AUSTRALIA. Can it also rule that he may not hold a licence in New Zealand ? I think not. NZ is a sovereign country, the rulings of Australian courts do not apply here. Indeed, even someone convicted for a serious crime (say murder) by a foreign court can only be arrested by the NZ police once a NZ court has made an order. The Australian writ will not run in NZ until endorsed by a NZ court.

If he has already been disqualifed when he applied for the NZ licence, then he can only gain the latter by a false (and criminal) statement. And LTSA do check the status of the foreign licence presented. But that is not what he proposes. He proposes to obtain a NZ licence legally before his (probable) disqualification. And bear in mind, it is possible, though unlikely, that he might NOT end up being disqualified . Prosecutors have stuffed up before today.

The interesting question then is : does a subsequent disqualification of the licence used to evidence competance retrospectively invalidate the legally issued NZ licence. I do not think it can. But it is a most interesting point and I would be very glad to hear argument from some of the site members more qualified than I to comment.

(Even if this is not the OPs position, it is a possible scenario, and the interesting point is still valid)

yes thats the situation im in right now . i have a NSW 5 year gold full car and bike licence , i can ride any size bike , but its 99% chance i will be convicted for drive while suspened , and will be disqualified for a few years its automatic by the RTA too give you atleast 1year disqualified but i was caught twice .so the judge can if he or she likes up too 7 years disqualified, but the final court date is in 6 too 8 weeks . so my licence is still valid until then

[Ixion]

Here is the law, from the Driver Licensing Rule

[89Obtaining New Zealand driver licence

(1)A person is entitled to apply for, and be issued with, a New Zealand driver licence to drive the same class or classes of vehicle if that person holds an overseas driver licence or permit of a type specified in clause 88(1)(a), even if that licence has expired within the 12 months immediately preceding the date of application.

(2)Before a New Zealand driver licence may be issued under subclause (1), the person must—
(a)apply for a driver licence under clause 9 and comply with the requirements of clauses 10 to 14; and
(b)pass the appropriate theory test under clause 45 for the class of driver licence that the person is applying for; and
(c)unless clause 89A(1)(b) applies [it does] , pass the appropriate practical driving test in accordance with clauses 48, … 51, and 53; and
(d)produce his or her overseas driver licence or permit, as specified in clause 88(1)(a), and, if the overseas driver licence or permit is not in English, an accurate English translation of the overseas driver licence or permit; and
(e)sign a statement that—
(i)the person's overseas driver licence or permit is not suspended or revoked; and
(ii)the person is not disqualified from holding or obtaining a driver licence or permit in the country where the overseas driver licence or permit was issued; and [obtain a medical certificate in some cases not relevant here]

IANAL. So do not rely on this information. But it does sound as if there is a wee loophole that you might take advantage of. But your window of opportunity is small.

Some may think that this is unjust. Or unfair, or illlogical.So do I. But, hey, we are talking about the law here, and when was the law ever concerned with justice. Or fairness, or logic.