To be disqualified: Contesting demerits?

**Swoop** · 19th May 2011, 10:51

Originally Posted by FJRider

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

Interesting approach by the authorities. "We sent you a letter. Didn't receive it? Too bad"

Perhaps people should use that approach when sending in a cheque for paying speeding taxes?
"I posted the $$$'s. You didn't receive it? Too bad".

**oneofsix** · 19th May 2011, 11:03

Originally Posted by Swoop

Interesting approach by the authorities. "We sent you a letter. Didn't receive it? Too bad"

Perhaps people should use that approach when sending in a cheque for paying speeding taxes?
"I posted the $$$'s. You didn't receive it? Too bad".

except the govt letter in question is only a notification as the your point balance, the points aren't applied by this mechanism. You cheque is the payment mechanism, if you were referring to a letter asking them if they had received your cheque

then it might be considered the same thing.

**nodrog:Me** · 19th May 2011, 11:04

Fuck this place is full of Rocket Surgeons.

**imdying** · 19th May 2011, 11:40

Quit uni and become a baker or something... clearly you're wasting your time as you're a pretty slow learner.

Either that or harden the fuck up and realise you're not special. You made a rod for your back, so 4 hours a day on the bus it is.

**Laava** · 19th May 2011, 12:39

Originally Posted by nodrog

Fuck this place is full of Rocket Surgeons.

Bahahahaha! Rocket surgeons!

**Hoon** · 19th May 2011, 12:50

Yep most people upon reaching 85 demerits points would've gone "shit I better behave now". You obviously decided not to, took risks without considering the outcome and are now paying for it.

Write a letter but lose all the "I've been hard done by, this is unfair, I didn't display an L-plate so I could get away with doing things I shouldn't be doing, the bad stuff I did wasn't so bad" bullshit. They want to see genuine remorse not excuses.

You also need to learn to accept the consequences when you've fucked up. This lack of self control/responsibility is likely to see you getting pinged for driving while disqualified in the near future, sending you into an ever decreasing spiral until you do learn.

**Murray** · 19th May 2011, 13:01

Originally Posted by annonymous

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.

Jeez everyone, give the guy a break! I don't know how many posts have been made regarding the dangers of the "L" plate and the complete nonsense of limiting a restricted license to a 70km speed limit. I remember countless posts where the popo have let restricted drivers off for exceeding 70km and from what I am led to believe this law is to be overturned due to its stupidty. Sorry mate i feel for you but you have just been plain unlucky!!!

**imdying** · 19th May 2011, 13:16

Originally Posted by Murray

Jeez everyone, give the guy a break!

**skippa1** · 19th May 2011, 15:06

Originally Posted by imdying

[video=youtube;kHmvkRoEowc]http://www.youtube.com/watch?v=kHmvkRoEowc

She looks like a fucking chimpanzee

**skippa1** · 19th May 2011, 15:08

If work and uni and and and is soooo important, you have to take into account the way you get there and if you choose to continue with breaking the law, you choose to accept the consequences....

**Smifffy** · 19th May 2011, 15:55

Gee, that's really bad luck right there. I blame the Government. A few years ago they demanded that society stop teaching young people that there are consequences for making poor decisions.

Not to worry I'm sure someone will fix it for you.

I never realised before now that not having an L plate on meant that one was exempt from one's licence conditions and immune from being pulled over. I wonder why more people don't do that?

You say that you realise and accept that you are to be punished for your actions. Guess what? The mandated punishment is loss of licence.

It's a good thing though that you have so much money that the previous fines meant nothing to you, because you might find insurance gets a little harder and more expensive to come by in the future.

Sure it's going to be inconvenient for a while but it isn't going to be the end of the world, and will go by and in a few years time you'll look back and laugh/facepalm. Plenty of people have found themselves in the same situation as you are in now.

Maybe you could just continue to ride without a licence? It's not like you'd be a danger to anyone eh? You've already disregarded many of the conditions of the licence you had, so what's the difference really?

**Spearfish** · 19th May 2011, 16:18

Ride to the conditions of your licence as long as they suit you?

If a mate lent you his bike on the condition you didnt take it over a certain rev over the entire trip (but you cant see why, the red line is twice as high), you would do what was asked without question wouldn't you?

What does it cost for a temp licence for work?

**Winston001** · 19th May 2011, 16:53

Originally Posted by Swoop

Interesting approach by the authorities. "We sent you a letter. Didn't receive it? Too bad"

Nah, wrong end of the stick.

The law used to require the letter was received by you. If you could challenge that saying you had not been notified then the license suspension could not be activated.

Many people did argue this and given they often didn't notify their change of address, they were successful.

So Parliament closed this loophole.

It makes sense - we should know how many points we've accumulated and a phone call to the LTSA is all that's required if you aren't sure.

**marty** · 19th May 2011, 17:12

Section 88(4), LT Act 1998:

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.

Section 91, LT Act 1998:

1 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.

So if you have a 2nd offence (say 1 year 364 days after the first one), the demerits from your first offence then attract another 2 year period. And delaying the result by what ever means, still attracts demerits from the date of offence.