Lost my licence for... wait for it!

Skotty · 22-04-2007, 07:38 PM

Yup, I lost my licence for the most stupidest reason, but I ****edup so I'm going to take it sweet... and *attempt* to appeal for a work licence...

Early last year, I was done for going thru a no entry sign, yeap! 3 demiret points I was okay with that, got off lightly considering I was speeding...

Second... In January, I was passenger in my mates VL, and my mate got pulled over, and I was fined for having 1 arm out the window and lost a futher 3 demiret points...

P platers in SA only have 4 points to start off with, so bam there goes my licence...

What's worse is I got my P's under that new P1 and P2 thingy-o, so I go back on L plates when I get it back...

I think it is rather stupid I lost 3 points when I was passenger with my arm out the window... I've been told that I should be able to appeal it and get it back for work because it isn't really that serious why I lost it... so I might give it a crack, beacuse I need it for work...

MightyXR6Turbo · 22-04-2007, 07:41 PM

Prior to the new laws in SA you could appeal to get your P's back when you lost them, and you'd pretty much always get it back when you went to court. I think that process is stream lined now where you pick to get it disqualified or go to the next licence down. So I think you are totally screwed to be honest with the new system since the legislatation changed.

ZA-289 · 22-04-2007, 07:52 PM

I appealled my licence about 2 months ago for work reasons and got to keep mine.

See how you go just get your work to write you a letter if you can, The government would rather have a bad driver with a job than a dole bludger coz you lost your job.

Skotty · 22-04-2007, 07:58 PM

What state and court did you go to Mhgill? and were you on the P1 and P2 thing?

My ex rekons I wouldn't get it for work because of the fines I've had prior...

I've also been done for...
Driving past a no entry
Displaying 1 "P" plate
Driving a motor vehicle not maintaining full control of the vehicle
Driving a motor vehicle contravening to safety standers acts (got defected when I had a accident)
Limb protruding a motor vehicle

ZA-289 · 22-04-2007, 08:14 PM

Christies Beach court. Im from SA our laws are pretty relaxed, (that was the 3rd time i sucsesfully appealed my licence)

But I wasn't on my "P"s this time.

Skotty · 22-04-2007, 08:16 PM

ahh, I'll have to the holden hill court....

GXL078 · 22-04-2007, 08:22 PM

Arm out the window? Christ that's 1950s style Police harrassment, only in South Australia.

sprjenkins · 22-04-2007, 08:22 PM

You lose demerit points when your not even driving in SA, that really sucks badly, not to mention the fact that its discriminatory. Someone without a license doesn't get the same punishment for exactly the same crime. I'd be tempted to go to court just to argue the legality of the punishment, let alone whether you deserved it.

bonspeed · 22-04-2007, 08:30 PM

Having no licence is ******* terrible, appeal.

Skotty · 22-04-2007, 08:30 PM

Quote:

Originally Posted by sprjenkins

you deserved it

Yeah I know I do

majin_andrew · 22-04-2007, 08:36 PM

Quote:

Originally Posted by sprjenkins

You lose demerit points when your not even driving in SA, that really sucks badly, not to mention the fact that its discriminatory. Someone without a license doesn't get the same punishment for exactly the same crime. I'd be tempted to go to court just to argue the legality of the punishment, let alone whether you deserved it.

Yeh, its stupid.
What would the penalty be for someone without a license?
Maybe the same fine but without the loss of points? or a bigger fine?

MightyXR6Turbo · 22-04-2007, 08:47 PM

Quote:

Originally Posted by xcgxl

Arm out the window? Christ that's 1950s style Police harrassment, only in South Australia.

How's that Police harassment? Its obviously a law, and he broke that law. Police should be applying the laws to all people breaking them.

Anyway - Skotty, what was your friend doing to draw attention to himself for them to bother pulling you guys over?

I think with the new system (P1, P2) in SA you are stuffed because you don't go to court to appeal P's anymore, they stream lined it. And I'd guess you've had to appeal it before Skotty based on the other offences?

Skotty · 22-04-2007, 08:56 PM

Quote:

Originally Posted by MightyXR6Turbo

How's that Police harassment? Its obviously a law, and he broke that law. Police should be applying the laws to all people breaking them.

Anyway - Skotty, what was your friend doing to draw attention to himself for them to bother pulling you guys over?

I think with the new system (P1, P2) in SA you are stuffed because you don't go to court to appeal P's anymore, they stream lined it. And I'd guess you've had to appeal it before Skotty based on the other offenses?

Never appealed it, the only time I've lost points is when I went thru a no entry sign, and arm out the window...

My mate has a VL, enough said on why he was pulled over haha, he fish tailed it onto north east road... the cop that pulled us over wasn't too bad, obvious defects he didn't defect it for, like heavily tinted tail lights, and cracked windscreen...

Green X · 22-04-2007, 09:00 PM

“I was fined for having 1 arm out the window and lost a futher 3 demiret points...”

What a ********* Joke. It’s you arm if you want to hang it out the window who gives a toss. Bit like riding in the back of a ute, Hay it’s your life, if you want to sit in the tray of a ute so be it.

Skotty · 22-04-2007, 09:38 PM

Well, reading the back of my letter of disqualification, and it says...

"a right of appeal to the court of cancellation of a driver's licence is avaibale unless stated otherwise on the front of this notice"

and it isn't stated so I guess I can appeal...

however it confuses me saying "The reissue of a provisional licence following a successful appeal will be for a period of 3 years" so does that mean I will be on p plates for 3 years?

MightyXR6Turbo · 22-04-2007, 09:39 PM

Quote:

Originally Posted by Skotty

Well, reading the back of my letter of disqualification, and it says...

"a right of appeal to the court of cancellation of a driver's licence is avaibale unless stated otherwise on the front of this notice"

and it isn't stated so I guess I can appeal...

however it confuses me saying "The reissue of a provisional licence following a successful appeal will be for a period of 3 years" so does that mean I will be on p plates for 3 years?

Correct. Thats exactly what it means. When you appeal for your P's in SA you get 1 year added onto the normal term for P's.

[Tonko] · 22-04-2007, 10:03 PM

Quote:

Originally Posted by Green X

like riding in the back of a ute, Hay it’s your life, if you want to sit in the tray of a ute so be it.

Yeah, you fall out, someone hits you and either:
You sue them for hitting you
You blame them because you were doing ''the right thing''
They kill you and its all of a sudden their fault.

jaydee · 23-04-2007, 01:24 AM

Quote:

Originally Posted by Green X

“I was fined for having 1 arm out the window and lost a futher 3 demiret points...”

What a ********* Joke. It’s you arm if you want to hang it out the window who gives a toss. Bit like riding in the back of a ute, Hay it’s your life, if you want to sit in the tray of a ute so be it.

You lose your arm in some stupid accident, can't work, go on compo, tax payer pays the bills, fall out of the ute because the drivers being a dick and you becoma a para or quad, taxpayer has to look after you again, thats why not.

:

kyro_02 · 23-04-2007, 07:12 AM

ohh I thought you were losing your license for a ridiculous time... ie; 1-2 days lol.

about the tax payers foot the bill.... well what if I decide to chop my right arm off .. because I don't want to work lol.. i'll have to learn to "use" the left arm too :P

Marshy79 · 23-04-2007, 07:26 AM

Quote:

Originally Posted by jaydee

You lose your arm in some stupid accident, can't work, go on compo, tax payer pays the bills, fall out of the ute because the drivers being a dick and you becoma a para or quad, taxpayer has to look after you again, thats why not.

:

Add to that the danger with Motiebikes running about the place.

Harsh luck tho dude.
Honestly I didnt even know it was illegal. I thought it would fall under the "two hands on the wheel" rule (being the driver - bit awkward to have all the passengers with two hands on the wheel as well haha)

Matty4 · 23-04-2007, 08:33 AM

Wow!!!....You guys in SA can apply to get your licence back once suspended using work as a valid reason to keep it?

Here in Bracktoria there is no such thing, once it's suspended, not even just for work travel only, even if you appeal and take it to court, the Magistrate has no authority to reduce the penalty, regardless of the circumstances....although I'd love to be proven wrong on that point (having an argument about it ATM...hehe)

Matty

ler · 23-04-2007, 09:08 AM

IS this work thing only once you have your licence? Like if you need to drive to work and if you are on your learner's and keep failing your driving test?

5tumpy · 23-04-2007, 09:14 AM

If I was you mate, I'd lawyer up and appeal the fine completely. I honestly can't see how you can lose points if you're not driving, had you not been wearing a seatbelt, would they have taken your points as well?

What if you'd been ****ed "Drunk backseat driving!" lol... Seriously, it's a bloody joke!

exrtnz · 23-04-2007, 09:28 AM

Fu*k thats the stupidest law ive ever heard of,arm out the window and losing a points and therefore your licence for it. What next? you are only allowed your windows halfway down LOL , or your tyres arent at the correct pressure- 3 points . Sounds like theres some idiots in police over your way! I'd definitely be fighting that one in court.

XlR8TED · 23-04-2007, 09:32 AM

I'd be appealing too. Like someone else said, what would they have done had you not had a licence?

I nearly lost my licence last year. Driving on my P plates through NSW (ACT Ps), didnt notice a speed limit change from 60 to 50...so I got done 3 points for 10ks over. Also copped 2 demerit points for not displaying Ps (only a $77 fine in the ACT with no point loss...so I never bothered). It was my fault...cop was only doing his job...but no way I wanted to lose my licence. Ended up doing the 'P off course', which gives 4 extra points. Waited for that to be credited to my licence then paid the fines. Got away with it. I'm now on my full licence :P

Do your research and see if there isn't some way you can get away with it...

Sourbastard · 23-04-2007, 10:12 AM

I see alot of screaching about "Its the law and you broke it so bad luck yadda yadda take your medicine"

Consider this.

Bad policy is enshrined in law, every day. It has to be. Its formulated by politicians. And politicians are like your school prefects. Very popular, but not very bright.

Losing demerit points that you use as a driver, while breaking said law as a passenger is in my opinion, unjust. The fine I dont have a problem with however. The punishment should fit the crime. Its like having your pilots license revoked because you didnt put your tray top up while being a passenger on a flight to hong kong. You have commited no offence as a driver in this instance, therefore you should not have your ability to drive penalised.

Now how does someone deal with this? Simple.

By biatching and whining to all who will listen to raise awareness of the issue, defending your point of view in court. You might also write to your member of parliament to have the law reviewed.

Alternatively, you can be a lazy twat and not defend your point of view in court, sit in silence, and just assume that laws are imposed on society by some faceless uber beings rather then society having an active role in determining its own legal system.

Skotty · 23-04-2007, 05:38 PM

Yeah well I'm appealing it, I'll let you guys know how it turns out

my boss is doing a cover letter saying I need it for work... I'll be happy getting it back just for work, gives me the chance to safe of a EF/EL monty ;)

AU dude · 23-04-2007, 06:09 PM

Quote:

Originally Posted by Skotty

...I was passenger in my mates VL, and my mate got pulled over, and I was fined for having 1 arm out the window and lost a futher 3 demiret points....

I read on the rta website that no part of the body must be more than 300mm out the window, or its a $231 fine and 3 demiret points...

peedee · 23-04-2007, 06:14 PM

It has been a LAW since the 1980's that drivers and passengers must keep their limbs within the vehichle at all times. The only exception to this rule is if you are driving a historic registered vehicle that does not have or was manufactured with indicators that is one of the reasons that indicators became a mandatory ADR rule in the early 60's

Green X · 23-04-2007, 06:39 PM

Yeah, you fall out, someone hits you and either:
You sue them for hitting you
You blame them because you were doing ''the right thing''
They kill you and its all of a sudden their fault.

A> it’s your fault if you fall out the back, and B once agene it’s your fault, you don’t just fall out the back of a ute, trust me I have been in the back of one many times before the laws were brought in and still do ride en the back of them when shooting or out Bush.

“You lose your arm in some stupid accident, can't work, go on compo, tax payer pays the bills, fall out of the ute because the drivers being a dick and you becoma a para or quad, taxpayer has to look after you again, thats why not.”

Oh my god 2 scenarios that could just as easily happen if you were inside the car, or participating in one of 100 other things we humans do every day.

Lets see some stats of people who have lost there arm and had no other major injures by having there arm resting on the window sill.