To be disqualified: Contesting demerits?

[Winston001]

Demerits points remain on your licence for 2 years from the date they are applied.

When they are applied is a little different. They are applied when you pay the fine, OR when enforcement action is taken, so by contesting the fine, you can actually delay the points being applied to your licence.

That used to be the case but Parliament changed the law to close this loophole. Demerit points attach to your licence from the date of the offence. So if you defend the charge and are eventually convicted at a hearing many months later, the points are set at the earlier date.

Still...in the real world sometimes things get overlooked so it can be worth a try.

[FJRider]

My understanding is this as well - pretty sure that's how it worked when I was losing my license on a regular basis.

From the horses mouth ... If you know what I mean ...

http://www.howtolaw.co.nz/html/ml114.asp

[Blackshear]

But but but...

The nzta site says "100 or more demerits within any 2 year period". Pretend I'm on 75 now. If I get another 30 after the 22nd may this year, then then they would have to count back 2 years in which case the 35 from may 2 years ago could not be included.

What am I missing? I'm not being intentionally obtuse I promise but am struggling to see how what your saying reconciles with the nzta description

I believe there is an entertainment disclaimer on this site somewhere.
It was to my understanding that any demerits accrued may as well have been had on the same day if less than 2 years between, and the life counter was reset from whatever time it was from your previous demerit to your most recent one.

Otherwise I don't think I would have got a letter saying I might be at 60 demerits. GOt the first one in March 09, and still hasn't been wiped yet. Have since received another one some time around September last year, then got a letter in the mail saying oh hi lol, but I haven't checked recently.

Only for your posts sweetie

I'm confused, but I might let that dead horse lay.

[Latte]

From the horses mouth ... If you know what I mean ...

http://www.howtolaw.co.nz/html/ml114.asp

"If you accumulate 100 or more demerit points as a driver in any two-year period, you will be disqualified from driving for three months. "

It says within a 2 year period. not 2 years from the last offence.

If you got a speeding ticket (10km/h over) every 18 months, you would lose yourlicense on the 4th one?

[FJRider]

"If you accumulate 100 or more demerit points as a driver in any two-year period, you will be disqualified from driving for three months. "

It says within a 2 year period. not 2 years from the last offence.

If you got a speeding ticket (10km/h over) every 18 months, you would lose yourlicense on the 4th one?

Under the ... "letter of warning at 50 demerits" ...

Note that the two years runs from the date of the most recent offence, not the first offence.

Read it yourself ...

[Latte]

Under the ... "letter of warning at 50 demerits" ...

Note that the two years runs from the date of the most recent offence, not the first offence.

Read it yourself ...

So it does.... how peculiar

I was only seeing what I wanted to see... this is KB after all

[FJRider]

So it does.... how peculiar

This is NEW ZEALAND law we're talking about ...

[Luckylegs]

Under the ... "letter of warning at 50 demerits" ...

Note that the two years runs from the date of the most recent offence, not the first offence.

Read it yourself ...

This doesn't dis-prove my understanding at all. Essentially it means what I described before. If (heaven forbid) I commit another offense on the 24th may this year. This will be my latest offense and they will then need to count points earned within two years of that date. My points from 22nd may 2 years earlier do not fall in this period so surely can't be included.

[FJRider]

This doesn't dis-prove my understanding at all. Essentially it means what I described before. If (heaven forbid) I commit another offense on the 24th may this year. This will be my latest offense and they will then need to count points earned within two years of that date. My points from 22nd may 2 years earlier do not fall in this period so surely can't be included.

Not quite ... the two year period starts at the date of the last points gained ...

NOTHING "falls off the back" ... two years of "points free" motoring gets them ALL wiped ...

[SMOKEU]

You pulled over and let the cop fine you?! Next time just don't stop.

[FJRider]

This doesn't dis-prove my understanding at all. Essentially it means what I described before. If (heaven forbid) I commit another offense on the 24th may this year. This will be my latest offense and they will then need to count points earned within two years of that date. My points from 22nd may 2 years earlier do not fall in this period so surely can't be included.

This is the site quoted ...

Once you reach 50 demerit points you will receive a letter of warning from the Director of Land Transport. This letter will warn you that you will be disqualified if you receive another 50 points within a two-year period. Note that the two years runs from the date of the most recent offence, not the first offence.

The letter is deemed to have been sent to you once it is posted, even if you never in fact receive it.

[Luckylegs]

This is the site quoted ...

Once you reach 50 demerit points you will receive a letter of warning from the Director of Land Transport. This letter will warn you that you will be disqualified if you receive another 50 points within a two-year period. Note that the two years runs from the date of the most recent offence, not the first offence.

The letter is deemed to have been sent to you once it is posted, even if you never in fact receive it.

Um yep, i read that when you posted it earlier. Are you basing your info on the info on this site or experience.

...that same site (along with the nzta site) also says the 100 points must be within a two year period. Whether they are removed or not is neither here nor there, based on what was written anything older than two years from the latest offense can surely not be factored in the calculation

[Banditbandit]

What I am looking for is some advice on both my chances of success and how to go about it properly. I understand, being kiwibiker, that people are of their own opinions and like to voice them, by all means do so but I am really in need of constructive advice.

My situation is as follows:

I am 21 years old and have racked up 85 demerits, recently getting a new fine pushing me over 100 (Haven't received this in the mail yet). What I am looking to do, is to get the demerits from the fine waived, and taking a separate form of punishment.

I understand I have broken the law, and deserve punishment, but the punishment I will receive is far too great, and I don't believe it to be fair. I need a vehicle to get to my job and university due to the distance i live from these, public transport is available for university but makes work a 2 hour journey each way for shifts of 4 hours - some shifts which finish beyond work hours and therefore a large drain on my studies and my availability for work.

I want to plea guilty but have my sentence considered/altered.

Important points I think:
-My only ever infringements have been:
*Riding outside 5am-10pm
*Doing so without 'L Plate" (so as to not get pulled over!)
And for the fine not yet received (pushing me over 100 demerits): Learner Rider exceeding 70kph.

-I have one speeding fine travelling at 55kph in a 50kph zone.

- I have been riding for 2 years now, and just after receiving my final fine of exceeding 70kph, I got my restricted. I have been very slow, I know, but have never failed a motorcycle license test, and had the restricted tester praise my riding abilities.

- I see no way that I have ever put other road users at risk with my riding (save the one 55kph fine) and am a careful road user.


Any advice is welcome, and I am open to criticism, but be aware I understand my wrong doing and take it on the chin, I just feel that the implications of a loss of license are far greater than I deserve for my non-dangerous offenses.

Any details required, let me know

- My anonymity is important, and would plead that everyone respect that.

Tough shit ... you did it, you got the points, take the suspension ...

Anger at demerit points is one thing (I got pissed off last year for just that) but whinging about the consequences of your actions is just crap ...

[barno]

How about just slow down for a couple of years?

[oneofsix]

How about just slow down for a couple of years?

too late he cried The points are already on there way. Unless a way out is found I guess that means slowing to a complete stop vehicle wise anyhow.