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Car Forum / Australian Car Forums / 4x4 Cars (Australian group) / February 2005

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Interesting twist to the drivers licence...

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Rod Out back - 21 Jan 2005 05:50 GMT
Folks,

Went to renew my drivers licence the other day, and being the only customer,
had a good old yarn with the QLD Transport bloke doing the paperwork. I also
note that my latest mug shot is even worse than last time; do they program
the cameras that way???
He was saying it had been busy earlier in the day(Longreach), as the people
who had recently lost licences for speeding, drink driving, etc all had
their day in court, and so he was flat out issuing temporary work licences,
etc.

He was telling me that it is quite common for people from the Northern
Territory to get caught speeding, as they forget they are in the wrong state
to be doing 140 between distant towns...He mentioned one poor bloke who had
arrived to pay the fines on 3 speeding tickets he picked up on his way up
from NSW, and none of them were for less than 135kph...
The transport bloke was telling me that losing your licence in another state
means you simply cannot drive in that state till the ban period is over.
For example, if you are from the NT, and you lose your licence in QLD, you
are simply banned from driving in QLD till the ban period expires. You do
have to pay the fines, but you dont actually lose your licence, as another
state doesnt have the power to revoke your licence.

So the moral of this story (if this is indeed the case)??  If you're going
to drink and drive, do it in another state!

What a weird state of affairs...

Cheers,

Rod.......Out  Back
Mike Harding - 21 Jan 2005 07:31 GMT
>So the moral of this story (if this is indeed the case)??  If you're going
>to drink and drive, do it in another state!
>
>What a weird state of affairs...

Very interesting - I didn't know that. I thought there was some
sort of agreement between the states.

otoh - that is the way it is in Europe - if you're banned from
driving in Germany a British court does not recognise that
and if the Oz states wish to retain their independence (and
I think they should) then that's the way it should be here too,
otherwise we might just as well have a Federal system and
abolish the state governments.

Mike Harding
Jim - 21 Jan 2005 09:42 GMT
> >So the moral of this story (if this is indeed the case)??  If you're going
> >to drink and drive, do it in another state!
[quoted text clipped - 12 lines]
>
> Mike Harding

And a good case can been made to do just that. I wonder how many $$$ are
spent duplicating paperwork at the Fed and State levels ?  Law enforcement
and Education as well as road rules etc come to mind. You can smoke dope,
sell fireworks etc in the ACT but heaven help you if you do the same
elsewhere.
Have they standardized what the limit is for ink a hol between states, and
is the ACT the same I wonder ?
Jim
Mot Adv-NSW - 25 Jan 2005 23:45 GMT
"Jim" <.com.au...

> "Mike Harding" <message
...
>> On Fri, 21 Jan 2005 05:50:43 GMT, "Rod Out back"
wrote:

>> >So the moral of this story (if this is indeed the case)??  If you're
> going
>> >to drink and drive, do it in another state!

>> >What a weird state of affairs...
>>
[quoted text clipped - 11 lines]
>
> And a good case can been made to do just that.

Somewhat difficult.  Australia is a nation of sovereign States with certain
'responsibilities' ceded at Federation in the Australian Constitution.
Prior to that - we really were seperate countries in effect.  Most States
have their own Constitution encompassing say Magna Carta and the Bill of
Rights 1688, both remain in effect, but denied by new breed lawyers and
'reformists', the 'reality' remains as strong as ever.

I wonder how many $$$ are
> spent duplicating paperwork at the Fed and State levels?

In Transport, generally, not much, the Commonwealth adopts International
Conventions (Road Signs and Signals etc), the States (jurisdictions) then
adopt them.  We have Australian Standards in most things which are then
adopted by each State, items perhaps renamed but the essence contained
within is uniform.

We pay the wages of staff in each agency is all.

Law enforcement
> and Education as well as road rules etc come to mind.

Road Rules by in large are uniform, the ARR's kicked off development in 1993
initiated by Paul Keating, finalised and adopted by most State Parliaments
December 1999.  Some Maintenance Updates have been made and adopted by all
jurisdictions.  These Maintenance issues as they arise will again be
discussed by State Public Servants and the result/s also adopted into the
National law (ARR).

The jurisdiction continue to hold a few differing laws in this field.  The
use of front fog lights in clear conditions is legal in VIC, but not in WA
and NSW which have domestic regulations prohibiting this. ARR will have a
rule soon to 'harmonise' the use therof, (limiting use to hazardous weather
conditions).

The setting speed limits or speed derestriction AND financial penalities in
driving AND any points so applied, rightly remain the sole responsibility of
the State in which you live.  What in driving is uniform in meaning, is
'road traffic signange' (and linemarking), both by ARR and the Australian
Standard 1742.4 of 1999 - here in turn adopted from Internationl
Conventions.

You can smoke dope,
> sell fireworks etc in the ACT but heaven help you if you do the same
> elsewhere.

'Local Issues' and this is as it should be under our system, and is.  I for
one do NOT want (for now) a single unified country with totality in
uniformity of all law, Australia is by name, but people residing in
different interstate cities and rural zones really are unique and different
with differing legal practice and courts.

> Have they standardized what the limit is for ink a hol between states, and
> is the ACT the same I wonder ?

Limit for a link??

Jeremy H. Pritchard
Mot Adv-NSW
Jim - 24 Feb 2005 09:41 GMT
> 'Local Issues' and this is as it should be under our system, and is.  I for
> one do NOT want (for now) a single unified country with totality in
> uniformity of all law, Australia is by name, but people residing in
> different interstate cities and rural zones really are unique and different
> with differing legal practice and courts.

Our present society is far more mobile than that of 1901. Federal employees
including the defence force personel can reside in many states within a
relatively short period of time. They are just one example of why citing
regional and state differences may be outdated. Education and Daylight
Saving are also interesting examples.
I'm afraid that today,  parochial state borders of the past may only exist
only for the pen pushers. State laws are just a PITA.
Barry - 22 Jan 2005 22:10 GMT
I think the NT is the only state this is in effect.
I understand if you use your license in any other state then you cant drive
anywhere.

> Folks,
>
[quoted text clipped - 27 lines]
>
> Rod.......Out  Back
kevcat - 23 Jan 2005 07:40 GMT
The states demerits system is an interstate thing and has been for at
least 10 years now
any demerits accumulated in another state the are added to your licence
no matter what state you live in(NT and ACT are not states so may not be
in this scheme)

Kev

> I think the NT is the only state this is in effect.
> I understand if you use your license in any other state then you cant drive
[quoted text clipped - 38 lines]
> >
> > Rod.......Out  Back
thebrunks - 23 Jan 2005 08:11 GMT
NT have no points system!
you can get done as many times as you like!

I love the NT.

Russ

> The states demerits system is an interstate thing and has been for at
> least 10 years now
[quoted text clipped - 46 lines]
> > >
> > > Rod.......Out  Back
Mot Adv-NSW - 25 Jan 2005 23:24 GMT
> NT have no points system!
> you can get done as many times as you like!
>
> I love the NT.

NT have adopted a demerit points system.

More in thread as to ramifications.
Roger Martin - 23 Jan 2005 20:32 GMT
> The transport bloke was telling me that losing your licence in another state
> means you simply cannot drive in that state till the ban period is over.
> For example, if you are from the NT, and you lose your licence in QLD, you
> are simply banned from driving in QLD till the ban period expires. You do
> have to pay the fines, but you dont actually lose your licence, as another
> state doesnt have the power to revoke your licence.

The ban applies to the person and not the licence, I'd be surprised if
the road regs in each State dont have a "......if a person is prohibited
from holding a licence in any State, Territory or Country.......then that
person shall not be entitled to hold a licence.....etc.etc."

The moral of this story......never, ever believe a Qld Transport employee
Rocatanski - 23 Jan 2005 23:43 GMT
I wonder if that applies to my licence as it is an Australian heavy licence
not a Victorian heavy licence
> Folks,
>
[quoted text clipped - 27 lines]
>
> Rod.......Out  Back
kevcat - 24 Jan 2005 07:40 GMT
no it doesn't
the Natioal Heavy vehicle licence was the outcome of the changes and the
shared demerit system between the states, to stop truck drivers holding
more than one licence as used to happen

Kev

> I wonder if that applies to my licence as it is an Australian heavy licence
> not a Victorian heavy licence
[quoted text clipped - 36 lines]
> >
> > Rod.......Out  Back
Mot Adv-NSW - 26 Jan 2005 00:01 GMT
> Folks,

> Went to renew my drivers licence the other day, and being the only
> customer,
[quoted text clipped - 13 lines]
> state
> to be doing 140 between distant towns.

What is safe in NT is not in qld:-)

NT drivers often complain of our 100km/h posted speed limits and of the
default 100km/h at times.  That rural default may by the way be reduced to
90km/h in time.  Make no mistake though, even though a road might be subject
to derestriction, NT police don't tolerate lunatic speeds.

Much is being done to improve their lot over the next few years.  NT has
serious issues with intoxicated pedestrian and vehicular impacts in town
areas, and international tourists not accustomed to AUS driving *distances*
livestock and wildlife.

..He mentioned one poor bloke who had
> arrived to pay the fines on 3 speeding tickets he picked up on his way up
> from NSW, and none of them were for less than 135kph...

Now, had he been in a 110km/h zone AND held a NSW license, this would be a
one month automatic disqualification for each offence!

The lesson is for the NT chap to pay those expensive (by NT comparision
terms) NSW fines, they are chased up as most all financial debts are, NO NSW
points will accrue on his NT license, EVEN IF NT have points for 'speeding'
offences (as they do now).

> The transport bloke was telling me that losing your licence in another
> state
> means you simply cannot drive in that state till the ban period is over.
> For example, if you are from the NT, and you lose your licence in QLD, you
> are simply banned from driving in QLD till the ban period expires.

Yes,....

You do
> have to pay the fines, but you dont actually lose your licence, as another
> state doesnt have the power to revoke your licence.

Correct.

You will pay the financial dollars and are chased for this in the usual way
of debts, but points applied in another State or Territory ONLY apply for a
license held in that jurisdiction.

NSW for example cannot force onto a Victorian license record (and vice
versa) say a 6 point penalty

> So the moral of this story (if this is indeed the case)??  If you're going
> to drink and drive, do it in another state!

Each State and Territory have uniform BAC levels for 'regular' drivers -
.05.  Mild differences apply for young drivers (L&p's), in NSW it was .02 it
is now .0 (NIL).

> What a weird state of affairs...

A nation of independent States we are, rightly so too.

> Cheers,
>
> Rod.......Out  Back
 
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