Jump to content

DEMERIT POINTS - New retrospective law resulting in 3 month ban?


barn28

Recommended Posts

Hi all,

 

I've lived in vic for 3.5 years and have recently converted from a 457 to Perm Resident visa all while still in my UK licence.

 

i have driven a lot in that time for both work and pleasure and have received a number of demerit points for minor speeding and traffic light offences. I have received notices and paid my fines as requested.

 

As of July 1st a law pertaining to foreign licence drivers and bans associated to aggregate points. Today I received a letter stating that due to being over the demerit limit I would receive a ban for a 3 month period.

 

Not great situation considering this applies to retrospective demerits gained on a law JUST passed!!

 

I am obviously looking to see what my options are regarding appeal and more specifically, how many points I will have after the 3 month period - I.e. Down from 15 to ?

 

if I transfer my UK licence to an AU one, will the points not carry across this placing me on a usable licence?

 

I have my wedding coming up so looking for helpful advice rather than driving tips.

Link to comment
Share on other sites

  • Replies 59
  • Created
  • Last Reply

Top Posters In This Topic

As far as I know it has always been the rule that if you transfer your licence over then those points are added to it. If what you are saying (I'm in sa so must have missed it) is that you now can't drive on your UK licence due to traffic offences.... Well really you can't complain. You were going to HAVE to convert to an Australian licence now you have pr.

 

Do you use your car to get to and from work? Here in SA they will let you appeal once on the basis of needing your car. They then give you one point back so you have to be very careful. It's worth a shot.

Link to comment
Share on other sites

Hi all,

 

I've lived in vic for 3.5 years and have recently converted from a 457 to Perm Resident visa all while still in my UK licence.

 

i have driven a lot in that time for both work and pleasure and have received a number of demerit points for minor speeding and traffic light offences. I have received notices and paid my fines as requested.

 

As of July 1st a law pertaining to foreign licence drivers and bans associated to aggregate points. Today I received a letter stating that due to being over the demerit limit I would receive a ban for a 3 month period.

 

Not great situation considering this applies to retrospective demerits gained on a law JUST passed!!

 

I am obviously looking to see what my options are regarding appeal and more specifically, how many points I will have after the 3 month period - I.e. Down from 15 to ?

 

if I transfer my UK licence to an AU one, will the points not carry across this placing me on a usable licence?

 

I have my wedding coming up so looking for helpful advice rather than driving tips.

I would give the compliance or road authority a call to find out how many points and the other info you want regarding transferring to Austtralian one. It's 12 points all up in Victoria. Not sure how many it is in other states.

Link to comment
Share on other sites

I suppose this change is overdue, and makes logical sense. I think the idea is that all drivers are treated equally.

 

The question about retroactive application also makes sense, since avoiding demerit disqualification has always been a dodge of the rules, so this is simply enforcement of a previously existing rule and not actually a change.

 

It's bad for me though for sure, I'm certain I'm over 12 points in 3 years by a margin.

Link to comment
Share on other sites

You obviously drive and write in the same style. The longer you're off the road the safer we'll all be.

Mods, can you please do something about this kind of baiting that is based on nothing, and seeks only to invite and encourage argument? This is an interesting and important topic and needs to not be derailed. Thank you.

Link to comment
Share on other sites

That's fair enough, entitled to an opinion. Vic police are notoriously heavy on action, some validated, some excessive.

 

Just giving awareness and looking for advice not affirmation of the points I've received.

vic police can't be that bad the amount of people that speed here! I was in Perth for 18 months and was so used to keeping to the limit as there are cameras everywhere I feel like am the only one that goes 60 here as so many people go whizzing past me even old grannies!
Link to comment
Share on other sites

Guest The Pom Queen
That's fair enough, entitled to an opinion. Vic police are notoriously heavy on action, some validated, some excessive.

 

Just giving awareness and looking for advice not affirmation of the points I've received.

AFAIK it has always been the case. I am not sure if it only applies to P drivers but a friend of ours got a choice of a 3 month ban or he could get a warning and if he got caught again he would be banned for a year. He opted for the 3 month ban but managed to still drive as he needed it for work

Link to comment
Share on other sites

AFAIK it has always been the case. I am not sure if it only applies to P drivers but a friend of ours got a choice of a 3 month ban or he could get a warning and if he got caught again he would be banned for a year. He opted for the 3 month ban but managed to still drive as he needed it for work

 

What's new here seems to be the following

 

1. It applies to overseas drivers automatically, not just when you transfer to an aussie license

 

2. You cannot opt for the good behaviour bond:

 

"...will be disqualified from driving in Victoria and from obtaining a Victorian driver licence or learner permit for a period of time. These drivers will be issued with a disqualification notice and will not be able to elect a 12 month extended demerit point period"

 

3. The ban applies at a point in time, and is retroactive.

 

That's my interpretation of the page - Hopefully i've interpreted it correctly.

Link to comment
Share on other sites

Thank you for those who firstly recognise this shift in law represents a need for attention by all, and a concern by some. Let my case be an example. Other comments are to be expected and are not constructive.

 

Any helpful input is much appreciated.

Link to comment
Share on other sites

You will need to double check this but I think you may only get a few points (1-3?) back after your licence has been suspended. I think you earn the remaining 9 points back over time. This is to encourage safe driving habits.

 

Have to add that I am glad this change is coming in. It is long overdue and might get a few more dangerous drivers off the road.

Link to comment
Share on other sites

Have to add that I am glad this change is coming in. It is long overdue and might get a few more dangerous drivers off the road.

 

Yup, it affects me adversely but you are correct about this. A road rule should rightly apply to all.

 

Alex - when you find out how many points you get back after your ban can you let us know?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...