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Old 14-01-2011, 12:56 AM   #1
harry216921
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Default Out of points...

So I got a bunch of speeding fines in 2008, totaling up to 11 points.

Managed to score 0 points in 2009 / 2010, however I got done last weekend for 3 points :(

I was due to get 3 points back in March this year...

Does anybody know if the demerit points get added at the date of infringement, or the date of payment?

ie. If I hold off payment until after those 3 points are due back, will I still lose my licence?

Wishful thinking maybe!

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Old 14-01-2011, 12:58 AM   #2
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i think its when you coped the fine but my dad said its three years so i dont know mate good luck
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Old 14-01-2011, 01:06 AM   #3
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as soon as the cop processes the ticket the points get deducted.
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Old 14-01-2011, 01:09 AM   #4
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One way to check ... well in NSW anyway ... is via RTA's website ... you can check how man points you have been deducted so far.

Last edited by Mechan1k; 14-01-2011 at 01:09 AM. Reason: bloody typos
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Old 14-01-2011, 01:17 AM   #5
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Quote:
Originally Posted by yift
as soon as the cop processes the ticket the points get deducted.
Spot on the money, doesnt matter if you hold out for your due date, once processed thats it mate.
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Old 14-01-2011, 01:54 AM   #6
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In SA the points get deducted once the fine is paid as that is taken as an admission of guilt.
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Old 14-01-2011, 02:08 AM   #7
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i seem to remember anther post where someone in a similar situation got probation thing happening, sort of if they loose no points for x amount of time they keep their licence, but 1 misdemenor its cancelled, organised with the RTA i think, it might pay to ask questions.
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Old 14-01-2011, 05:33 AM   #8
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Don't know where Harry is

In NSW, 3 yrs from offence date, not payment date BUT....

Quote:
Originally Posted by yift
as soon as the cop processes the ticket the points get deducted.
Not in NSW, I didn't look at the other states.

http://www.rta.nsw.gov.au/rulesregul...oint_faqs.html

In the case of a penalty notice, the RTA will be advised of the offence and add the demerit points after you pay the fine to the State Debt Recovery Office (SDRO), or if payment is not made, when the final date for payment is reached.

In the old days it was easy to string it out for months. Everytime you made representation the final date was extended until the final reply which would say pay up or go to court.

If you are in NSW, from the same link
If your licence has expired or is about to expire, a Notice of Suspension will not be issued. Instead, you will be refused a licence when you attend a motor registry and apply for a licence renewal.


mik I did my points in 1980. Although too long ago to be relevant. I had a choice of 3 months suspension or 12 months probation. I took it to court and got 1 month probation.
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Old 14-01-2011, 08:23 AM   #9
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You could try using the urban myth
If the fine is say $200, then send a cheque for $201
According to the myth, this causes the computer to get confused and put a hold on proceedings until the correct amount is tendered.
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Old 14-01-2011, 08:50 AM   #10
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Yeah I got that email Pedro, but couldn't remember the trick, might have to give it a try...

Mik - same thing in VIC as far as I know, but I'm not too keen on gambling with my licence. It's fairly easy to have a small slip up and get done by a camera car for 5km/h over, then the result is a lost licence for 6 months rather than 3 months. Really not a fan of these laws.

Might just pay it, and write a letter - see how it goes!
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Old 14-01-2011, 09:04 AM   #11
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Quote:
Originally Posted by Pedro
You could try using the urban myth
If the fine is say $200, then send a cheque for $201
That's exactly what it is, a myth.

Perhaps you should fight it. Even if it is just to delay when the points are accumulated so you can try and make it to March. Probably have to pay additional court costs but better than losing your licence for however long.
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Old 14-01-2011, 09:21 AM   #12
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In vic, its 3 years from date of offence, but they will not remove the points until you have paid the fine. So try holding off paying the fine and then pay it, See if anything comes in the in the weeks after.
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Old 14-01-2011, 09:41 AM   #13
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In Queensland the points do NOT get deducted until the fine is paid OR the matter is turned over to S.P.E.R for collection..

Is you lose 11 points on the 1/1/08 for example then you will only have 1 point up until the 1/1/11... It takes three years to get them back ..

Unfortunately your licence may/will be cancelled as well after you think you have gotten away with it...

I held out once to get my Opens... which i did and 2 months later i received a letter that my open licence was cancelled , you also forfeit whatever it cost you.. and 5 yr licences are not cheap.

Daz.
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Old 14-01-2011, 09:52 AM   #14
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Quote:
Originally Posted by DAZZLER351
In Queensland the points do NOT get deducted until the fine is paid OR the matter is turned over to S.P.E.R for collection..

Is you lose 11 points on the 1/1/08 for example then you will only have 1 point up until the 1/1/11... It takes three years to get them back ..

Unfortunately your licence may/will be cancelled as well after you think you have gotten away with it...

I held out once to get my Opens... which i did and 2 months later i received a letter that my open licence was cancelled , you also forfeit whatever it cost you.. and 5 yr licences are not cheap.

Daz.
This is correct in QLD.. No points till the fine is paid incase the individual takes it to court.
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Old 14-01-2011, 09:57 AM   #15
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Can you appeal it on the grounds you need your licence for work etc?

Worked for me a couple of times. (am good boy now)
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Old 14-01-2011, 10:02 AM   #16
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Quote:
Originally Posted by Rodp
That's exactly what it is, a myth.

Perhaps you should fight it. Even if it is just to delay when the points are accumulated so you can try and make it to March. Probably have to pay additional court costs but better than losing your licence for however long.
sorry to inform you it was not a myth,it worked for lots of people for years, but now its a legend as they changed the system in Victoria quite a lot of years ago i heard which stopped the loophole,but i have not tested it for 20 years as i live in QLD now
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Old 14-01-2011, 10:07 AM   #17
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In Vic no points are deducted until you pay the fine (according to this guy anyway):
http://www.trafficlaw.com.au/demerit.points.html
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Old 14-01-2011, 10:08 AM   #18
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Quote:
Originally Posted by harry216921
So I got a bunch of speeding fines in 2008, totaling up to 11 points.

Managed to score 0 points in 2009 / 2010, however I got done last weekend for 3 points :(

I was due to get 3 points back in March this year...

Does anybody know if the demerit points get added at the date of infringement, or the date of payment?

ie. If I hold off payment until after those 3 points are due back, will I still lose my licence?

Wishful thinking maybe!
SORRY MATE you have a lot longer to wait,
clear points are not gained till the start of 4 years,3 years in full from date of Transport dept recieving ticket,so effectively you wait till the start of the 4th year,dont worry most people think the same thing until they test it out.
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Old 14-01-2011, 10:24 AM   #19
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just do the 12 month good behaviour bond. Then you wont lose your licence. I've done it a few times... and made it through.

Its a choice between losing your licence for 3 months now, or risking a point over 12 months(if you get one you lose your licence for 6 months)
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Old 14-01-2011, 10:29 AM   #20
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Quote:
Originally Posted by OLDFORDNUT
SORRY MATE you have a lot longer to wait,
clear points are not gained till the start of 4 years,3 years in full from date of Transport dept recieving ticket,so effectively you wait till the start of the 4th year,dont worry most people think the same thing until they test it out.
While that is true, you have the maths wrong.

You get 3 points on 3/4/2008.
3/4/2009 - 1 year
3/4/2010 - 2 years
3/4/2011 - 3 years, points deleted.

4/4/2011 would be the first day of the 4th year.
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Old 14-01-2011, 11:41 AM   #21
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If you are in Queensland, you can choose the good behaviour option. It means another 12 months on effectively 1 point. (You have two, but can only loose 1, so you would still have 1 left).

After that 12 months you have all your points back. (12 for open, & 4 for P's).

or if you can take the hit for 3 months & at the end of that 12 weeks, you have all your points reinstated.

I know, I have done this twice with the good behaviour option while on my P's. During the second one, with about 2 months to go, I switched over to my opens, & was reinstated with 12 points after the year.
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Old 14-01-2011, 10:28 PM   #22
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yep... do the one point probation trick. that way you can still drive and you learn to use the cruise control.

you went through `09 + `10 with out losing any so surely you can give 12 months a good go. just need to be a bit more careful for a while. then when the 12 months are up you get a clean licence ready to run riot again.
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Old 14-01-2011, 10:54 PM   #23
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In VIC the points do only count after the fine is paid in case it is contested in court, however this doesn't really help as the points are back dated to the date of the infringement. I know this because i was on my last point when i got fined so i contested it, it was in the court system for 18 months and the fine stood. Even though i had gained back three points by then, i still received a letter giving me a choice of 3 months suspension or 12 months on 1 point.
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Old 15-01-2011, 12:01 AM   #24
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The points system definately works on the offense date. The way to double check this is, the transport dept (in S.A anyway) send out a letter if you have 3 or less points left on your licence. This letter states dates of offenses occured, what the offense was and how many demerit points you lost. It doesn't state when you actually paid the fines.

So it's upto you which option you take, as far as your licence is concerned. Take the 3 month ban, or the 12 months with minimal points.
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Old 15-01-2011, 12:05 AM   #25
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Thanks XESP351 - I thought this was the case...

Looks like it's gamble time... 12 month good behaviour here I come!

Thanks for all the input guys!
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Old 15-01-2011, 12:36 AM   #26
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I don't know if this site have credence:-
http://www.aussiespeedingfines.com/
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Old 15-01-2011, 12:43 AM   #27
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Quote:
Originally Posted by OLDFORDNUT
sorry to inform you it was not a myth,it worked for lots of people for years, but now its a legend as they changed the system in Victoria quite a lot of years ago i heard which stopped the loophole,but i have not tested it for 20 years as i live in QLD now
Bang on mate. Doesnt work any more......
Now if you pay 1 dollar extra......it just gets added to the revenue.
Probably also gives em an excuse to up the fines.......
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Old 15-01-2011, 10:51 AM   #28
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Or you could... You bad bad person !!! Lol..
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Old 15-01-2011, 11:01 AM   #29
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in NSW demerit points actually stay on your licence for 3 years and 4 months.
They are not deducted until you pay the fine and admit guilt.
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Old 15-01-2011, 01:21 PM   #30
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in NSW you do not lose the points until the fine is paid or the court makes a decision THIS IS 100% FACT.

about 15 years ago i was about to lose my licence and went down to SA and got a 10 year one the systems were not linked up than i am not sure about post 2007 which means if you get a fine outside of SA you will lose no points from your SA licence...

You will need proof of residency though i was lucky in that i was going down there for work and was staying for months at a time i got a letter from the local office of my work down there and went to sa roads with my NSW lic and that.

im am positive that the nsw/vic and act systems are now linked not sure about the rest of oz

edit: also i tried the extra dollar thing it did not work for me.
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