Advice Please: Dad's about to Lose His Licence (QLD)

Lmshoarder on 27/07/2017 - 21:34
Last edited 28/07/2017 - 09:38 by 1 other user

UPDATE: Thanks for the advice and support everyone, gotta love the Ozbargain community! My dad will take the three months, will get my mum to drive him around. Also, I gave him a lecture and made sure he understands that it's his fault (not the unfortunate timing of the fine or any other reason). I hope he learns a lot from this!

Hi,

This situation makes me so annoyed at my dad, but I am trying to help him because I am the dutiful daughter.

So my dad has lost 9 demerit points to date. Today, he has received a fine (in person), which will use up the remainder 3 points.

We were about to lodge paperwork this week to change his vehicle purpose from private use to commercial use as he drives daily to work in his van. I heard that this gives businesses an option to pay 3x the fine, rather than losing demerit points. Firstly, does anyone know if this is the correct process? I know it's an option as I've seen it before. Wondering if I'm going about it the right way by lodging the Change of Vehicle Particulars Notification with QLD Transport?

Secondly, I know it's too late, but we were hoping to try our luck at QLD Transport to see if they could process the paperwork and have the fine re-issued so that he has the option to pay it out. I think it's wishful thinking, but I'm sure all you OzBargainers will be behind me wishing me luck!

Thirdly, if all else fails, we will have to seek legal advice. My understanding of what will happen is that the lawyer will be lodging some sort of stat dec to state that my dad drives daily to work and that there is no other option given the nature of his job (he's a tiler). My assumption of the outcome will be that he will only be able to drive to and from work, and nothing else. From my very short stint (2 months when I was around 20-ish) at working at a legal aid law firm, I saw something like this happen. Does anyone have any knowledge or experience in this type of matter, and perhaps the cost of this?

At this point in time, we are holding off paying the fine until it's due to buy time, so please help!!

Really appreciate your time reading this.

Thanks

Automotive

Comments

  • Architectonic on 27/07/2017 - 21:43
    +30

    Do the crime, do the time. Tell him to take responsibility for his actions, rather than looking for an easy way out.

    • mshoarder on 27/07/2017 - 21:47

      Well he is legitimately driving to and from work everyday to various different locations, QLD transport have options to pay the fine by x 3 rather than losing points for businesses, so that is the advice I'm seeking. And yes agree he has to be more careful, that's why I'm very annoyed, but we have to help each other out.

    • echelon6 on 29/07/2017 - 11:23
      +6

      Brutal. Until it's your turn, then do you just take it up the arse without exploring your options?

      • subywagon on 29/07/2017 - 20:31

        Everyone has a high horse and a clean nose on the internet…

        • [Deactivated] on 29/07/2017 - 21:21

          you can say that he's on a high horse, or get off your own high horse

        • subywagon on 29/07/2017 - 21:34

          @holyland: I could also say that he may need to get himself a horse now that he's lost his licence.

        • [Deactivated] on 30/07/2017 - 15:47

          @subywagon: do you actually wait till he ran over someone before stopping him from driving

  • chumlee on 27/07/2017 - 21:51
    +7

    See if Qld has this option that exists in Vic

    The demerit points system in Victoria

    When a person has exceeded the number of allowable demerit points in a particular period VicRoads will send a letter to the person telling them they are about to lose their licence for at least 3 months beginning about one month after the date of the letter. If the person does nothing, the licence must be suspended for at least 3 months. If the person does not wish to lose his or her licence, they have the option of contacting VicRoads and electing to continue driving on the condition that if they incur one or more demerit points in a defined 12 month period following their election, then they must lose their licence for at least 6 months.

    • mshoarder on 27/07/2017 - 21:58

      Thanks for this, my cousin pretty much just told me the same thing. Appreciate your response!

    • BanannaMan on 29/07/2017 - 09:30

      had no idea this exists, thank you for the info

    • ravonda on 29/07/2017 - 21:30

      Can confirm this is true for SA. It's called a good behaviour bond. Pay something like $30 and for 1 year, you cannot get a single demerit point or you will lose your licence for 6 mths.

  • mysterytal on 27/07/2017 - 22:01
    +10

    Is he a gambling man? Do the 3 months and his points will be reset to zero. Take a holiday. Get someone else to drive. Time will fly. Fix the house up.

    If he takes the option to be point free for 12 months he is taking a risk that he will be suspended for twice the period if he accumulates any more points in that time.

    He can go to court and claim hardship to keep the right to drive but is it really worth it?

    I'd just do the 3 months and get it over with and start again.

    • mshoarder on 27/07/2017 - 22:12

      He does enjoy the occasional gamble haha. I've spoken to him and it looks like he will talky the three months and get my mum to drive him around… So he says…

    • bobbified on 27/07/2017 - 22:21

      Do the 3 months and his points will be reset to zero

      I don't believe this is true. I remember being told (this was in NSW, so it may be different in other states) that after the suspension period, only the demerit points that led to the suspension get removed - which would then mean that there's a good chance to get suspended again if driving habits don't change.

      • JimmyF on 27/07/2017 - 22:42
        +2

        https://www.vicroads.vic.gov.au/licences/demerit-points-and-…

        What happens after my extended demerit point period/ suspension/disqualification is over?

        Once you’ve served your extended demerit point period, suspension or disqualification period in full, the associated demerit points will become inactive on your record.

        and a bit futher down

        If your demerit points have been used (in full) for a suspension/disqualification/extended demerit period, they can’t be used again.

        • bobbified on 28/07/2017 - 10:57

          Thanks for that - happy to be corrected. I was looking around and couldn't find anything specific. I was hoping to find an example from a reputable website.

        • JimmyF on 28/07/2017 - 12:36
          +1

          @bobbified: No worries… Well I'm sure vicroads it pretty reputable website ;)

          So it doesn't get any better than that!

          Like everyone else, the OP is best to take the 3 months and start fresh.

  • supnigs super skids on 27/07/2017 - 22:06

    Take one for the team. You drive his car didn't you?

    • mshoarder on 27/07/2017 - 22:12

      Too bad he was fined in person! Plus I live interstate.

  • bobbified on 27/07/2017 - 22:07
    +3

    Today, he has received a fine (in person), which will use up the remainder 3 points.

    this gives businesses an option to pay 3x the fine, rather than losing demerit points.

    I don't know if QLD has any special rules, but if you're referring to the large fine that comes with not nominating a driver on a company vehicle, that's not going to help your dad because you've said that he received the fine in person - that fine is attached to him, not the vehicle. There would not be a need to nominate anyone.

    What I've found in QLD is they have the same option as other states where if you're licence is going to be suspended due to the accrual of demerit points, there is an option to nominate the "good driving behaviour period" so that you can continue to drive.

    Go to https://www.tmr.qld.gov.au/Licensing/Licence-demerit-points/Open-licence-demerit-points#gooddrivingbehaviour
    Refer to the paragraphs under Open Licence holders and What do I have to do if I receive an 'Accumulation of Demerit Points – Notice to Choose'?

    • mshoarder on 27/07/2017 - 22:18
      +1

      Thanks i just checked it out and read the info about hardship too, I think it's easier to wear the three months then move on. Does anyone know if we get the full twelve points back after the three months?

      • bobbified on 27/07/2017 - 22:22

        Does anyone know if we get the full twelve points back after the three months?

        I've just replied to mysterytal's post above - I don't believe that's the case.

        I believe the good behaviour period is probably better IF (and that's a big IF!) your dad can be a bit more conscious of his driving.

        • mshoarder on 27/07/2017 - 22:27

          It's a very big IF, not one we can take a chance on unfortunately.

        • bobbified on 27/07/2017 - 22:35

          @mshoarder:

          If it is the case that the demerits don't reset to zero after the suspension period (and I'm about 90% sure it doesn't, but I can't seem to locate the information), he'll still be "hanging by a thread" after being off the road for three months. That is, if he gets another 3 point offence not long after, then he'll be off for another three months.

          My memory again - the demerit points expire and drop off the accrued total, three years after each offence.

          So either way, that big IF eventually has to happen. haha

  • [Deactivated] on 27/07/2017 - 22:21
    +6

    He's lost 12 points for a reason. Tell him to stop being a grade A A-hole and learn to figure out how to fit tiles and grout onto a push bike.

    • bobbified on 27/07/2017 - 22:28
      -1

      With the double demerits system, twelve points isn't very hard to accumulate over a period of three years - even without being an A-Grade A-hole :)

      • onetwothreefour on 28/07/2017 - 06:30
        +15

        I disagree, I've never received any points and have been driving since 1999. One fine can be passed off as a simple mistake but when you get enough to lose your license then that makes you an Ahole.

        • John Kimble on 28/07/2017 - 08:59
          +1

          Or just a bad driver.

        • furys12 on 28/07/2017 - 09:03
          +5

          literally hundreds of thousands manage it everyday

        • bobbified on 28/07/2017 - 09:55
          -5

          In NSW, half a full licence is gone by just not wearing a seatbelt on a long weekend. While I agree that seatbelts are for safety reasons, I'm not sure if anyone can logically say that the "time fits the crime".

          I never wear a seatbelt when I'm on my vehicle.

          (Just throwing this out there - I've never had my licence suspended before so I'm not saying it out of bitterness or anything).

        • onetwothreefour on 28/07/2017 - 10:05
          +1

          @bobbified: maybe and that could be an easy mistake to make but if I lost half of my points I'd make sure that from then on that I'd be the safest most responsible driver on the road.

          The OP says she is really annoyed with her dad so it must be something that could've been avoided and he probably should've learned his lesson by now.

        • bobbified on 28/07/2017 - 10:54

          @onetwothree:

          I'd make sure that from then on that I'd be the safest most responsible driver on the road.

          I agree - many years ago, I drove around very carefully with 11 points racked up for almost two years and I was able to avoid suspension.

        • fwdcelica on 28/07/2017 - 15:24

          @John Kimble: Or unlucky. Lots of people speed/run red lights/other illegal things. Only the unlucky get caught. Sooner or later you will get nicked

        • Euphemistic on 28/07/2017 - 16:09
          +1

          @bobbified: motorbike?

          If you crash, a seatbelt is the biggest thing that reduces injuries, not wearing one deserve to lose half your licence.

        • bobbified on 28/07/2017 - 19:58

          @Euphemistic:

          motorbike?

          Right on the money! haha

      • Geryatric on 29/07/2017 - 16:51

        Also disagree. Drive every day and only lost 3 points in 20 years

  • Euphemistic on 27/07/2017 - 22:22

    Sounds as though he should have had business rego all along.

    Either learn to drive and take the 12mth one point option, or suck it up and cop the three months in the navigators seat.

    • mshoarder on 27/07/2017 - 22:25

      Yes I agree, trust me, he hears it from us all the time. I hope he learns from this

  • whooah1979 on 27/07/2017 - 22:37

    tell him to take the hit, do some gardening, set up a pty, claim future miscellaneous vehicle expenses as deductions or pass them on to his customers.

    • mshoarder on 27/07/2017 - 22:53

      He's a workaholic. But the house could definitely do with fixing up though

  • [Deactivated] on 27/07/2017 - 23:03
    +6

    "My father lost 9 demerit points yet should still be allowed on the road… he is not dangerous I swear…."

  • spal on 28/07/2017 - 05:30
    +3

    Quick note, with license suspension his insurance premium will most certainly go up.

    • MrTweek on 29/07/2017 - 09:40

      Nah, didn't for me

      • johnno07 on 29/07/2017 - 13:44

        Depends on your insurer I suppose. Mine (a Suncorp brand) asks me if I've had a suspension in the last 5 years. I imagine this is pretty common.

        • MrTweek on 29/07/2017 - 22:19

          Yeah, they asked me too, but it didn't make a difference in premiums.
          That was with 2 major insurance companies.

  • [Deactivated] on 28/07/2017 - 09:00
    +2

    sucked in to your dad. Enjoy the bus!

  • furys12 on 28/07/2017 - 09:06

    Things like good behaviour bonds and special work allowances are generally for one time offenders with a good record not people that clearly can't drive legally worth a dam and has racked up 12 points in 3 years

    that said i actually hope your dad gets a 1 year good behaviour bond as it might make him drive responsible for once, if he takes the 3 months and they reset his points (that can't be how it works surely), he'll likely be back at in 3 months time with a fresh record to burn

  • farknos on 28/07/2017 - 09:18

    in WA, if you accumulate your 12 points within 3 years when you have done your 3 months suspension you start with no points again.
    as others have stated above i think the car has to be in a company name for you to claim the extra fine without nominating a driver, that's how it works in WA and although there are lot of people that are dirty about this loop hole, it is a winner for those that have access to it and ultimately the government is looking for cash as its first priority so they win as well, they just don't admit it publicly.

  • kiitos on 28/07/2017 - 10:36

    What sort of offence was it?

    • tasty-falafel on 28/07/2017 - 11:11
      +3

      I believe it was testing positive to both methamphetamine and THC.

  • [Deactivated] on 28/07/2017 - 11:42
    +4

    "So my dad has lost 9 demerit points to date. Today, he has received a fine (in person), which will use up the remainder 3 points."
    " I heard that this gives businesses an option to pay 3x the fine, rather than losing demerit points."

    Well that is 110% wrong
    Businesses abuse the speeding and red light act by not declaring the driver whom broke the law, which attracts a failure to nominate who was driving yes 3x fine without demerit points.

    firstly as a sole proprietor this will not work as there is no reasonable doubt of which employee was driving the vehicle

    secondly, the offense occurred in the past thus changing state of vehicle to business today has no impact on who owned yesterday

    thirdly, He was issued in person, how can you possibly claim you don't know who was driving the 'business' vehicle. The police positively identified and notorised him,

    lastly he is guilty put him off the road for a while and don't ruin your life worrying about him, nor worse lying for him.
    Don't grow up like him
    https://www.youtube.com/watch?v=opoGqpDfPAY

  • knr21 on 29/07/2017 - 12:54
    +3

    So your poor mother has also got to do the time (being his taxi driver) because of your badly behaved father behind a wheel of a car. If it was you he would be teaching you a lesson and to catch a bus! I feel sorry for your mum, hope she gets something out of this FROM him!

    • mshoarder on 29/07/2017 - 21:09
      -1

      Well other than its now their sole source of income because she no longer works we don't have choice

  • cath999 on 29/07/2017 - 13:18
    +5

    Sounds like dad needs to take responsibility for his actions. Why you getting involved trying to bail him out?! A drivers licence is a privilege not a right and he deserves to be inconvenienced for a period of time however it would appear your mum is going to be the one inconvenienced. I like a gamble too and I would be willing to bet he's going to lose it again because he won't have learnt a thing!

  • Raheen on 29/07/2017 - 19:23

    As a Queenslander who now resides in NSW, on my last trip by car up there, I saw 5 times more police cars in QLD between the QLD boarder to Brisbane than (200 km of road) than I did driving from Wollongong to the QLD boarder. I also noticed whilst on the road from Toowoomba to Brisbane (Darren Lockyer Way) the speed frequently goes 100 to 80 then 150 metres up the road back to 100 then repeat… at every 80 sign people hit the brakes like crazy, they dont just coast down to 80 they all watching the speed signs like hawks. Far more laize faire attitude to speed limit adherence in NSW, QLD has become a police state to some degree.

    I can only conclude from the over the top amount of police on the roads and the nervousness of the driving public that there is a crack down on (I asked my family and they said police are everywhere, they are sneaky, driving all sorts of cars to disguising themselves) mining boom has definately gone and the cash strapped state government gotta pay the bills somehow.

    So before you condemn this guy, things are pretty over the top there.

  • [Deactivated] on 31/07/2017 - 09:55

    When I was a boy of fourteen, my father was so ignorant I could hardly stand to have the old man around. But when I got to be twenty-one, I was astonished at how much he had learned in seven years.

  • John Kimble on 31/07/2017 - 10:36
    +2

    UPDATE: Thanks for the advice and support everyone, gotta love the Ozbargain community! My dad will take the three months, will get my mum to drive him around. Also, I gave him a lecture and made sure he understands that it's his fault (not the unfortunate timing of the fine or any other reason). I hope he learns a lot from this!

    Haha, nice! If I tried to lecture my dad, he would disown me for disrespecting his "authori-ti"

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