Loss Of License

[EZ2CME]

I would have to say taking this to court would be a massive waste of time. The commisioner of the RTA decides when you loose your licence, a magistrate can only make a recomendation which the RTA can ignore it is his/her sole discretion and no court in the land can overturn it, sad but true. Good luck with building the engine, although I think Senna might be wrong about getting your points back it will still take the entire 3 years for the points to drop off.

I'll still have to wait 3 years to get my points back?? Well that just plain sucks balls.

[senna_T]

I think Senna might be wrong about getting your points back it will still take the entire 3 years for the points to drop off.

I got all my points back after a 3 month stint (NSW)

[EZ2CME]

If its your first time, you will be able to opt for a 4 point licence for 1 year. Like going back on our "P"'s. At least that's how it used to be.

According to the letter they sent me if I choose the 1 year good behaviour license, if I get caught and loose more than 2 points I loose my license for 6 months. That option is a little to risky for me.

[EZ2CME]

I got all my points back after a 3 month stint (NSW)

Please, please, please be the same in Qld.

[harvyk]

I think there is a fair amount of myth floating around in regards to the whole demerit point system.

From what I understand the points never expire, you never "get them back" or anything like that. Suspended licenses come about when you accumulate a given amount within a certain time frame. In Qld (not sure about other states) this is four points within one year on a provisional licence, and 12 points within three years on an open licence.

You could for instance accumulate 30 points in ten years and never face a suspension provided you time it right...in fact my cousin avoided a license suspension by paying his fine on the last possible date, had he have paid it straight away the points would have been recorded and pushed him over the three year thing by a matter of days.

Please correct me if I'm wrong my learned traffic specialists!

Yeap, this is correct. I had a friend who went over 12 points and should have lost his license, except you don't lose the points until you pay the fine. He paid the fine on the last day possible. During the 28 days the fine was unpaid he was deducted (or awarded depending on your understanding) 2 points. Given the fine should have pushed him over the limit he was safe because the 2 extra points saved him.

Had he paid the fine on the day it was issued he'd have been walking for 3 months.

[Iconic Bionic]

Court costs around here are only about $60 or something so you haven't got much to loose.

If I was you I would be filling out that court hearing form, you should have a good chance of winning.

Costs of several thousand for when you are forced to pay there legal bill if you lose.

Another well thought out statement based upon nothing.

I.B.

[XR06T]

you haven lost 12 points in a 3 year period on an open licence, you havent even had an open licence for 3 years by my count.

surely they cant take your licence if you have 9 points on your licence?

EDIT: also in WA you get all your points taken off/back after your 3 month suspension.

Edited 20/10/08 12:39 AM by XR06T

[dule]

Costs of several thousand for when you are forced to pay there legal bill if you lose.

Another well thought out statement based upon nothing.

I.B.

What about when you are issued with a court attendance notice on the spot? Do you still pay for their legal bills?

I know several people that went to court and were never asked to pay anything except whatever the court determined fine was, but they were all issued with a attendance notice not the other way around as would be the case here.

[ZAP]

Most cases a magistrate will not award costs if you lose. This is because you are generally representing yourself and the government has their legal dogs on a leash and will over inflate their rates. If you are a habitual court attendee, that will fight anything, then you may be up for costs.

It is your right to take a matter to court if you feel wrong done by, but from what I have read, you were treated correctly by the rules.

Do not rely on info from here as gospel, speak to the QLD transport people, they actually know the truth.

[sixappeal]

I think suck it up they say you lost your license then just accept it. Be a bum 3 months save heaps of money in fuel and u get to drink every weekend when your mates have to drive you every where it's not as bad as it seems the months fly by these days and I'm talking from experiance haha