Demerits Question

XR6Naranja · 01-06-2012, 04:17 AM

Good way to get myself some good old hindsight artists and criticizing guys in here..

But anyway, I lost my license quite a while ago for 10km/h over the limit, well it was suspended, and have it back now, however it has not been 3 years, do I have all points back?

According to one website I read I do have them back.

As I was just booked tonight while being eligible to go for greens but haven't yet, for having 2 extra passengers under the age of 21.. all 3 passengers were drunk and I prefer they got home safely, cop was having none of it though, anyway on red P's, I've got myself 4 points normally, my offence is 3 points and a fine.

So I'll have one fine, my current plan is that if I have all 4 points back, I'll stay on my reds until I am issued with the fine and pay it, I'll have 1 point, then go to my greens and get 7 points, or does it carry on...

I could go on for ages about the ridiculousness of this rule but prefer not to, so if you're only commenting to tell me rules are there for a reason, there's no point.

Cheers guys.

MNM96 · 01-06-2012, 05:02 AM

If you lost you lisence for points accumulated, after the suspension period, you get it back. New stack of points. When you move up to the next one, any points lost still stand for the 3 years.

BTW, The passenger rule is the dumbest ever!
I think if contested in court, it would be overthrown. Basically it says under a certain age, with others in the car, after a certain time, you are a hoon. Every law in the sophisticated world allows a presumption of innocence, and one retains that right until proven otherwise.
At a mininum, a one strike your out rule would be fair.

Policing at it's worst! Respect the law anyone???

sneaky · 01-06-2012, 06:30 AM

you should be able to jump on the rta site and check what points you have..

b2tf · 01-06-2012, 08:16 AM

Quote:

Originally Posted by MNM96

If you lost you lisence for points accumulated, after the suspension period, you get it back. New stack of points. When you move up to the next one, any points lost still stand for the 3 years.

BTW, The passenger rule is the dumbest ever!
I think if contested in court, it would be overthrown. Basically it says under a certain age, with others in the car, after a certain time, you are a hoon. Every law in the sophisticated world allows a presumption of innocence, and one retains that right until proven otherwise.
At a mininum, a one strike your out rule would be fair.

Policing at it's worst! Respect the law anyone???

I agree, I dont see the sense behind the passenger rule, I know why it was brought it in but I dont think it's right.

Anyway the points issue - I think MNM is right, you will get them back when you get your licence back, but when you go to your green P's however many points you lost will be deducted off the 7 you get with your green P's.

smally289 · 01-06-2012, 10:22 AM

A bit off topic, but you don't actually lose points when you commit an offence, you gain them. They are demerits, not merits.

xisled · 01-06-2012, 10:29 AM

This is from the RTA website.

Are all my demerit points cleared from my record when I complete a period of suspension of my driver’s licence?
Demerit points which contribute towards a demerit point suspension or refusal and which are shown on a Notice of Suspension or Refusal can’t be counted towards further licence suspensions. If other offences are recorded after a Notice of Suspension or Refusal has been issued, the points for those offences will remain on your record and may count towards future suspension or refusal. All your offences and demerit points will be displayed on your driving record because this accurately reflects your driving history.

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

EDManual · 01-06-2012, 10:48 AM

I know in vic, when you lose your licence for having too many points, or do the 12 month probation thing, which I've done, er a number of times! you get all your points back!
But if you lose your licence for speeding say a 6 pointer, in a single offence, those points do not disappear from your 12 points or whatever you have after you get your licence back, and if they add up so you have none left, you lose your licence again!

So say you have 10 points lost of 12, you get a 6 pointer and lose your licence for 3 months or whatever, you also have 16 points lost and have to lose your licence for another 3 months or go on a probabtion for 12 months without gaining a point or you lose it for another 6 months! Also after the 3 months licence loss for too many points or 12 months probation, you take off 12 points, not the whole 16.

XR6Naranja · 02-06-2012, 03:11 AM

Cheers guys..

Yeah the passenger rule is ridiculous as it is the time when most kids go out drinking and I'm booked on first offence for being the sober driver?

It doesn't stop people from doing it, and like some other laws only causes more dangerous outcomes to avoid being caught while doing it.

I did read that future offences thing and was hoping that's all good, I got my Green's today, and hopefully I'm down to 4 points and still driving, it does say it's 3 points and a fine, so I'm relying on that as it was RTA stated information.

I dislike being punished for doing the right thing by taking the drunk passengers home out of harms way, but if I'm still driving, I am sure I can deal with it.

To be honest not only did the cop not know if it was a loss of license offence, they did not know the fine amount, I rang the police a while ago regarding the rule and they didn't know a thing about it, so it's a bit rough.

But all in all, thanks for the replies guys, can sleep easy now.

xisled · 02-06-2012, 09:18 AM

I agree with you the rule about the passengers is stupid. You got done for make the road safer by taking people home who are drunk, and did not let them drive or walk home.

Dave3911 · 02-06-2012, 12:00 PM

Are kids unable to plan ahead nowadays and organise a lift home prior to going out? Or better yet, not go out if they can't get home.

Spare me the "I was just doing the right thing" and "Gotta get my friends home safely somehow" routine. You were doing the wrong thing, you knew you were doing the wrong thing and you got caught. Taking the moral high ground after the fact and arguing that it's the law at fault is childish.

At the end of the day, your mates should've drunk less **** and paid for a taxi home. But instead they chose to overstep your friendship and you've ended up in this situation. Great mates you've got.

**GasoLane** · 02-06-2012, 12:39 PM

Quote:

Originally Posted by Dave3911

Are kids unable to plan ahead nowadays and organise a lift home prior to going out? Or better yet, not go out if they can't get home.

Spare me the "I was just doing the right thing" and "Gotta get my friends home safely somehow" routine. You were doing the wrong thing, you knew you were doing the wrong thing and you got caught. Taking the moral high ground after the fact and arguing that it's the law at fault is childish.

At the end of the day, your mates should've drunk less **** and paid for a taxi home. But instead they chose to overstep your friendship and you've ended up in this situation. Great mates you've got.

That's a bit harsh without knowing the situation.

For all we know they might have got drunk at a private party where no Taxi service is available (we don't all live in Capital cities) and got caught by a Highway Car.

XB GS 351 Coupe · 02-06-2012, 12:40 PM

Quote:

Originally Posted by Dave3911

Are kids unable to plan ahead nowadays and organise a lift home prior to going out? Or better yet, not go out if they can't get home.

Spare me the "I was just doing the right thing" and "Gotta get my friends home safely somehow" routine. You were doing the wrong thing, you knew you were doing the wrong thing and you got caught. Taking the moral high ground after the fact and arguing that it's the law at fault is childish.

At the end of the day, your mates should've drunk less **** and paid for a taxi home. But instead they chose to overstep your friendship and you've ended up in this situation. Great mates you've got.

^^^^^^^^^

You beat me to it, sorry but you were not doing the right thing, you are a provisional driver, you have a provisional license issued to you with conditions attached, you know the conditions and you knowingly branched these conditions.

So no you were not doing the right thing at all.

Nothing a taxi could not have fixed, if you can afford to get drunk you should be able to afford a taxi.

Again it's your mates that let you down. They imposed on your and obviously don't care about your license.

A provisional license (or any license)is a privilege that should be treated as such, and if you want to keep it treat it accordingly.

XB GS 351 Coupe · 02-06-2012, 12:42 PM

Quote:

Originally Posted by GasOLane

That's a bit harsh without knowing the situation.

For all we know they might have got drunk at a private party where no Taxi service is available (we don't all live in Capital cities) and got caught by a Highway Car.

Then they knew this beforehand and planed to do it anyway. Still does not sound like doing the right thing to me.

Feathers · 02-06-2012, 02:30 PM

Your mates should pitch in towards the fine at the very least.

XR6Naranja · 06-06-2012, 05:31 PM

Quote:

Originally Posted by Feathers

Your mates should pitch in towards the fine at the very least.

They have, all good there.

Quote:

Originally Posted by Dave3911

Are kids unable to plan ahead nowadays and organise a lift home prior to going out? Or better yet, not go out if they can't get home.

Spare me the "I was just doing the right thing" and "Gotta get my friends home safely somehow" routine. You were doing the wrong thing, you knew you were doing the wrong thing and you got caught. Taking the moral high ground after the fact and arguing that it's the law at fault is childish.

At the end of the day, your mates should've drunk less **** and paid for a taxi home. But instead they chose to overstep your friendship and you've ended up in this situation. Great mates you've got.

Taxi's will not pick up from there, buses don't go there, I prefer a mate that got home then one that didn't, I would do it again out of morals, I never argued to law is at fault, at the time I had not realized it was past 11PM, all I claim is that the rules is hopelessly under done, like many others.

You(Government) cannot stress a tonne about not having drunk drivers on the road(statistics show they are teens), stress that they is a Sober Bob to drive them home(Likely to be a teen who does not drink or has agreed not to), and then turn around and say well forget that because we rather possible death, crashes and other outcomes then you take them home, if their idea of good experience is 1 year on your red P's is good enough to remove that restriction, then I'm sure it wasn't all that hard for the cop to see I could have gone for my greens for about a week and a half.

Now I'm not trying to be hostile, but considering the average teen around, and the circumstances that I was in, it's one of those I'm damned if I do, damned if I don't.

Quote:

Originally Posted by XB GS 351 Coupe

^^^^^^^^^

You beat me to it, sorry but you were not doing the right thing, you are a provisional driver, you have a provisional license issued to you with conditions attached, you know the conditions and you knowingly branched these conditions.

So no you were not doing the right thing at all.

Nothing a taxi could not have fixed, if you can afford to get drunk you should be able to afford a taxi.

Again it's your mates that let you down. They imposed on your and obviously don't care about your license.

A provisional license (or any license)is a privilege that should be treated as such, and if you want to keep it treat it accordingly.

Basically the same as above, I don't like to be hostile, I'm just trying to prove my point, the thread was to only ask about something rather then I go against what rules are given and personal opinion.

I realize that both of you aimed it towards my mates, sure they shouldn't have asked and such.

GULL · 06-06-2012, 05:44 PM

well i think you did the right action by taking your mate home,you have a dutie of care,your stuck between a rock and a hard place,if you didnt give him/her a lift home and he/she was hit by a car or mugged then you would and could be taken to court by his/her family for not seeing they arrived to a safe destination.And then when you do help them out you get pinged by the cops,you did the right thing.

XR6Naranja · 06-06-2012, 05:50 PM

Quote:

Originally Posted by GULL

well i think you did the right action by taking your mate home,you have a dutie of care,your stuck between a rock and a hard place,if you didnt give him/her a lift home and he/she was hit by a car or mugged then you would and could be taken to court by his/her family for not seeing they arrived to a safe destination.And then when you do help them out you get pinged by the cops,you did the right thing.

Cheers, makes it hard when there is laws against doing and laws against not doing.

MNM96 · 06-06-2012, 07:35 PM

Quote:

Originally Posted by XR6Naranja

Cheers, makes it hard when there is laws against doing and laws against not doing.

Thats a bit of a stretch!

You could have made more than one trip.

Reality is, the rule is just dumb, but you new the rule, and the consequences, and rolled the dice, probably not for the first time, but this time you were caught.

You would not have been breaking a law letting them fend for themselves.