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


barn28

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What a hateful person.

 

Yeah, that was a properly hateful post and I think it can mostly be disregarded as 50% high horse and 50% baiting. Don't worry too much about it - it's a forum, happens all the time.

 

I tried early on to bring this thread back to facts only, but this is an issue that is just bound to go off the rails.

 

However, one thing that I think you have done that might not of helped is that you've kept repeating the same things that have aleady been answered - namely that you keep pushing that some rule has changed, or that you refer to how rules were "at the time". That's fundamentally, factually just not correcy. The rules have remained the same, 12 demerits has technically been the limit but just hadn't been enforced. As soon as you accept that premise (as I did on the very first page) then you soon see that it's the end of the discussion.

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Yeah, that was a properly hateful post and I think it can mostly be disregarded as 50% high horse and 50% baiting. Don't worry too much about it - it's a forum, happens all the time.

 

I tried early on to bring this thread back to facts only, but this is an issue that is just bound to go off the rails.

 

However, one thing that I think you have done that might not of helped is that you've kept repeating the same things that have aleady been answered - namely that you keep pushing that some rule has changed, or that you refer to how rules were "at the time". That's fundamentally, factually just not correcy. The rules have remained the same, 12 demerits has technically been the limit but just hadn't been enforced. As soon as you accept that premise (as I did on the very first page) then you soon see that it's the end of the discussion.

 

 

Amen

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I'm aware it's much shorter on PR (we were told 3 months) but for anyone without PR then it's 12 months maximum on a foreign license.

 

6 months to get a Victorian licence after gaining PR.

 

If you are on a visa which is temporary, then you need not change your UK licence for an Australian licence. (Eg, if you are in Aus on a 457 visa, you can drive on you UK licence for the length of the 457).

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I've spoken to 2 separate solicitors. One was free legal advice line, the other a friend of a friend.

 

In both cases it's seems that foreign drivers simply have no rights and banning by individual states on aggregate demerit points can be handled any why they wish at any time as long as they were recorded correctly.

 

I could potentially challenge how the law has been written on this new approach and applied, however the cost / time / effort didn't weigh up. It would be long past 3 months before I got in court.

 

Given that I'm 2 weeks in and go away in 8 for a month, I'll just need to hang tight and drive carefully the other end. 4 points get lifted within the next 5 months and a total of 7 points within a year.

 

I'll convert my license to an Aussie one when I'm clear of the suspension, hopefully they won't all transfer.

 

Annoying but not unrecoverable, I can work to work and my partner drives. I hope others fair well in this situation.

 

 

Cheers for the update.

 

I've decided to suck it up too. The retrospective element is pretty poor however I hold my hands up and accept the original laws were unfair - this is merely righting that wrong. It's **** but it's only for a few months.

 

As for your comment on points, I'm of the belief that post disqualification your back down to zero points. Can someone confirm? You can't be disqualified, come back and theoretically get banned again immediately for another penalty? I'm fairly certain that once you've served your penalty, you'll start afresh. I hope so anyway.

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I'm of the belief that post disqualification your back down to zero points. Can someone confirm? You can't be disqualified, come back and theoretically get banned again immediately for another penalty? I'm fairly certain that once you've served your penalty, you'll start afresh. I hope so anyway.

The VicRoads website says:

Where a demerit point disqualification, suspension or extended demerit point period has been served in full, the associated demerit points cannot be used again.

Driving offences and their associated demerit points used in a demerit point or disqualification notice will remain active for future use if the demerit point suspension, disqualification or extended demerit point period is ended prematurely because a driving offence (and associated demerit points) has been withdrawn and the notice is no longer valid. The remaining offences and associated demerit points can be used to issue another notice if additional offences with demerit points are incurred and the permitted limit is exceeded.

 

I take this to mean that 12 points will be deducted but if you have, say, 15 points you'll get your licence back with 3 points still on it.

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The VicRoads website says:

 

I take this to mean that 12 points will be deducted but if you have, say, 15 points you'll get your licence back with 3 points still on it.

 

'Served in full' to me suggests that as long as you didn't take the '1 year delay' option (which isn't available anyway in this case) and took the full penalty then you'll be down to zero.

 

The penalty for 15 points is 3 month disqualification. I'd guess that would be wiped to zero however I see what you mean.

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