International Student Got Fined $803 for "Unlicensed Driving"

LFakeUser 911 on 08/11/2018 - 20:27
Last edited 08/11/2018 - 22:57 by 1 other user

I am an international student studying in Victoria. Had exams today so in a rush under pressure left my wallet at home and got pulled over for a helmet strap check which I passed and further was questioned about my licence.

Now back story: I had my overseas licence verified by VicRoads, cleared my learners permit test and hazard perception test as well, further about to book my drive test soon. Now I forgot my wallet at home and the officer did verify my credentials but couldn't verify my overseas licence inspite of VicRoads, a couple of months back, verifying my overseas licence through their database. So he handed me "Unlicensed Driving" fine of $803.

I understand I couldn't produce my licence and am ready to accept the fine of not carrying a licence to produce when asked but considering me as unlicensed, without giving me an opportunity to present my license in nearby police station, was an overkill. I working part time won't afford a $800 fine for just forgetting a licence at home because of exam stress. I was 200 metres away from my exam venue with 20 mins to spare for the exam to begin. Can you gentlemen please advise me how do I get out of paying $800 and rather a considerable fine amount say $150-$200?

I saw on some forums that in VIC being over 28 years which I am, are not forced to carry a licence with them and are given 7 days time to produce licence to nearby police station when pulled over without a licence. Wonder why it didn't apply on my case?

P.S- The officer who fined me looked like a junior trainee with a senior along with him whom he was asking about stuff quite often. The junior officer told me to produce my licence and passport on my mobile which I said I can and further when I showed them the passport they instead said we don't accept digital copies :S Then why would they ask for one if they didn't accept it in first place?

Should I seek an internal review?
Should I go to court hiring a lawyer which I am not sure I won't be able to afford :(
Should I represent myself in court and present my exam timetable and admit my mistake? will this decrease fine amount?

I contacted Legal Aid Vctoria and they are not even aware of any law that international students being on a temporary visa are allowed to drive using their overseas licence So no help expected from them..

Any other source please?

Thanks Everyone! Sorry for the Long post!

Automotive

Comments

  • tighttighttight1 on 08/11/2018 - 20:36
    +26

    Can you gentlemen please advise me…

    You don't want any women's' advice?

    • [Deactivated] on 08/11/2018 - 20:37
      +2

      First thought when skimming through.

      Second thought was someone commenting and OP editing to include ladies.

      Then down the rabbit hole of gender spectrums.

    • FakeUser 911 on 08/11/2018 - 20:45

      My Sincere Apologies.

      • [Deactivated] on 10/11/2018 - 07:59
        -6

        Congratulations to the Victorian and Australian Government, you as a harmless licensed driver got fined more than all of the terrorists mowing down people combined!

        Actually they are brought in and get paid by our idiot politicians when future scientist and professionals get fined.

    • Smashed Avo on 08/11/2018 - 20:45
      +3

      Can you gentlemen please advise me…

      You don't want any women's' advice?

      Whilst we're playing the sexist card, how about including us genderless rainbow unicorns and attack helicoptors? You wouldn't want to exclude people now would you, especially in light of your comment?

      • Zachary on 09/11/2018 - 09:48
        +1

        ooooh shots fired…

        • N1NJ4W4RR10R on 09/11/2018 - 19:15
          +2

          Litterally. I identify as an Apache and destroy all who offend me!

    • jmacca on 09/11/2018 - 08:57

      no

    • magic8ballgag on 09/11/2018 - 13:00

      You don't want any women's' advice?

      Is it meant to be any better?

    • bobbified on 09/11/2018 - 15:33
      +6

      Only if you're really "tighttighttight"!

  • [Deactivated] on 08/11/2018 - 20:37
    +4

    Have it reviewed. Worst case scenario, they'll take you to court and you may have to pay a fine for being unable to produce a license.

    Not sure if you're exempt from carrying a license with an international license because they may not have your license on database.

    Do this ASAP and if the station gives you the run around, ie., "The officer is not in…", have something in writing to state you have presented to a police station, your valid international license/permit has been sighted, and your identity has been verified."

    • FakeUser 911 on 08/11/2018 - 20:43

      Thanks for the quick response. They haven't given me an option in the fine details to present my license actually. So i am a bit confused here as to which station do i approach or even if i can or cannot as in the fine it is not mentioned?

      • [Deactivated] on 08/11/2018 - 20:53
        +17

        Actually, I skimmed pass your post again.

        cleared my learners permit test and hazard perception test as well further about to book my drive test soon.

        You have a learner's permit. You are now officially a learner driver. Your international license is superceded. This would have been made clear to you. You were driving unlicensed.

        "Once you are issued with a Victorian driver licence or learner permit, it is against the law to use your overseas or interstate driver licence to drive in Victoria." - taken from VicRoads.

        • OzBargainner on 08/11/2018 - 21:46
          +4

          You're correct on the part of the law but it is a bit different for temporary residents that include international students or any other temporary residency visa holders. When temporary residency visa holders start the process to convert their international license to victorian they appear for their learners and pass it but they don't have to take a learner's permit rather they can directly move on to the HPT and then through to drive test which would award them with full victorian license if above 21+ with additional requirements of having a 3 year probationary international license or an overseas full license. So an overseas license is still valid in that prospect if OP has just sat for the learners permit knowledge test and not actually acquired the learners permit which is unclear in the post.

          • [Deactivated] on 08/11/2018 - 23:00

            @OzBargainner: When I came to Victoria, I showed them my overseas license and they issues me a Victorian license on the spot (although these days VicRoads sends licenses in the mail). Mind you, this was like 12 years ago that I did it.

            Didn't have to do a learners permit or any of that stuff that you talked about.

            So what tshow said is true, the OP was in fact driving without a license as their learners permit overrides their overseas license.

          • shanakatak on 09/11/2018 - 00:05

            @OzBargainner: They said they done the Hazard perception test. Which is done when you have a learner's. This is further backed up by saying they are ready to book the driving test.

            So I'd say they have their Learners.

        • ykwon10 on 08/11/2018 - 21:46

          This

        • thetrain on 08/11/2018 - 21:48
          +1

          Can OP please confirm if this is about a motorcycle licence? There is mention of a helmet strap check but otherwise very unclear

          If so, learner permit allows unsupervised riding.

          • [Deactivated] on 08/11/2018 - 21:56
            +1

            @thetrain: That's true but I'm as confused as anyone else.

            There's the helmet, the foreign license, the driving test.

            Does OP even have a bike like license?

            I read it as OP holds a learners drivers permit. Motorcycle licenses are less lenient in terms of foreign conversion.

            • thetrain on 08/11/2018 - 23:04

              @[Deactivated]: Yep doesn't read easily and definitely confusing.

              Doesn't bode well if they have to explain to law enforcement/judge.

          • Zachary on 09/11/2018 - 09:53

            @thetrain: looks like he wont be replying aanytime soon coz his in penalty box….did he get that posting this?! hah wow….I guess if u look at it from a different point of view, it can be viewed as a troll post which is against forum rules….

            • HighAndDry on 09/11/2018 - 10:19

              @Zachary: I mean, the username is "Fakeuser 911"…

            • Moderatorscrimshaw on 09/11/2018 - 14:07

              @Zachary: Penalty due to being detected as Ghost account.

              • N1NJ4W4RR10R on 09/11/2018 - 19:20

                @scrimshaw: Spooky

              • Zachary on 09/11/2018 - 22:17

                @scrimshaw: oh ok fair enough….trying to be anonymous I guess…..but failed….

                I wonder who the original account is…..

              • Zachary on 15/11/2018 - 03:27

                @scrimshaw: Is that a permanent ban by the way or is it temporary and he can continue to re-use this alt account after the penalty is lifted?

                Has it been confirmed (I'm guessing you would have to had to contact the compared account with for confirmation…unless you have ways to 100% this without any input by the offender?)or do you just use an algorithm comparing accounts and let that bot choose whether or not it's an alt account of this main account for example?

  • wally4000 on 08/11/2018 - 20:55

    If nothing works, take it to court. Explain your situation to the judge and present your license. You might be lucky and they could dismiss it.

  • [Deactivated] on 08/11/2018 - 21:14

    Looking quickly, you were riding unlicensed which seems to be a $550 fine. I can't really see a way around that. I don't know where the rest comes from, but I think you would only be able to try for a small reduction.

  • SydStrand on 08/11/2018 - 21:14
    -7

    I saw on some forums that in VIC being over 28 years which i am are not forced to carry a license with them and are given 7 days time to produce license to nearby police station when pulled over without a license. Wonder why it didn't apply on my case?

    Why don't you look it up yourself, instead of offloading your homework to people who might not have any idea what they're talking about? If it's that much money to you, do your due diligence, because 'I heard it on a forum' won't cut it. From the sounds of it, you just got busted without a license. The other 90% of your post is fluff, excuses, and deflection.

  • toniyellow on 08/11/2018 - 21:19
    +1

    If you are under 25, Youth Law Australia will offer free advice by email. They are based at UNSW. Your uni may also have a legal clinic for students

    In your email you should tell them
    what kind of visa you are on
    how long you have been living in Australia
    what country your drivers licence is from
    if your overseas drivers licene is written in english
    if your overseas licence is probationary or not
    if you have a any kind of driving licence permit for Australia and what kind.

    https://yla.org.au/vic/topics/cars-and-driving/licences

    Their website is being updated this weekend so it is a bit dodgy, so if it doesn't work, try Monday.

    If you have sat a HPT but not a driving test it sounds like you are part way to getting a P1 licence but didn't finish - I think tshow is right and that is your problem.

    • resubaehtgnolhcs on 08/11/2018 - 23:47
      +2

      I saw on some forums that in VIC being over 28 years which I am

      Not under 25

  • mbck on 08/11/2018 - 21:42

    Guys read tshow comment. That's it.

  • WreckTangle on 08/11/2018 - 22:07

    What country is your DL from? Is it a full licence?

  • askme69 on 08/11/2018 - 22:10

    I have seen a similar (if i read your post correctly) situation in NSW. An overseas person had a car and bike licence (overseas). Sat the learners for a car in NSW, therefore that became the licence under which he had to drive and his International was no longer valid.

    But was infringed for riding a motorcycle and showing his International licence as well as the translated copy. The Police issued for being unlicensed. It was cancelled as technically his motorcycle International was still valid as he had not forgone that by applying for a NSW driver licence.

  • altomic on 08/11/2018 - 22:16

    how long have you been driving in australia?

  • Randxyz123 on 08/11/2018 - 22:23
    +2

    Ok…

    First up it sucks that they fined you for something pretty minor however they are unable to check international licenses on the database so they can't tell if you are lying or not.

    I contacted legal aid Victoria and they are not even aware of any law that international students being on a temporary visa are allowed to drive using their overseas license. So no help expected from them..

    Correct. You can drive on your international license while you are on a temporary visa.

    I would be writing in… Explain the situation. Get someone from the student union or legal aid at your university to help you.

    You should explain/ask

    • How you were running late and forgot your wallet.

    • You screwed up and are sorry and understand the rules and will be very careful next time.

    • You have a license and attach a photo (and the translation permit if necessary)

    • Is there anyway, in this case, you can be given a warning.

    Can you gentlemen please advise me how do i get out of paying 800$ and rather a considerable fine amount say 150-200$?

    Not sure why you used the word gentlemen, I'll put it down to you having English as a second language. However in Australia that isn't going to happen. You can't offer them $200 and they'll go away.

    I saw on some forums that in VIC being over 28 years which i am are not forced to carry a license with them and are given 7 days time to produce license to nearby police station when pulled over without a license. Wonder why it didn't apply on my case?

    Because if someone didn't have their license on them but had a bank card that said "Joe Smith", the police officer punched their details in and a photo came up that looked like that person then unless they are an identical twin they are licensed. All that needs to be done is have their license verified at a police station. Even if they forgot their wallet they could still be partly verified.

    Unfortunately, You don't have an Australian license so they can't verify this. Not even by name or by address, they don't have access to visa records so you were considered unlicensed.

    Were you issued with a learners permit? Or have you done the paper test and just have to do the ride test?

  • Flanders on 09/11/2018 - 00:14

    So he handed me "Unlicensed Driving" fine of $803.

    If you had no photo ID, so the officer could relatively easily identify you, well you got off easy. He could have taken you into custody and detained you until you were properly identified.

    That said, sorry for your unfortunate circumstance. However don't try to justify it with saying you were in a hurry, or the officer was junior officer (blaming others for your criminal act).

    You can most likely appeal the severity of fine in court. It may not be in your best interests to do so, if you ever want to apply for permanent residency though.

    Taking it to court and a judgement against you, may possibly leave more of a mark so to speak, on your criminal record here in Australia, rather than just paying the fine. Also, magistrate will not accept your excuse of having an exam, being in a hurry, it was junior officer's fault etc Might be lucky and have fine reduced, might have fine remain same ammount plus court costs (I doubt magistrate would increas the ammount, once you plead that you have limited means and cannot afford $800) . But also, from my understanding, pretty much any visa has a requirement that you must have means to pay your way and support yourself while you are here. Could be breach of visa if cannot pay fine. Sometimes an Australian could (in NSW anyway) have fine turned into community service hours. Also can apply for 'hardship' and need to show evidence of hardship (again this is in NSW, but maybe other states also).
    Might be best to just request time to pay, maybe pay $80 per week for 10 weeks. Check out all the options in state your in though. Contact your embassy if you want, as I doubt Australian Legal Aid is for foreigners, but your own country may assist with free legal advice.

  • minniethemoocher on 09/11/2018 - 12:14

    As others have said write to them and tell them what happened. Ask for a review. Dont forget to provide a copy of your international license.

  • Deridas on 09/11/2018 - 13:23

    OP is new registered account 20hrs ago, now in penalty box, wonder what happened?

  • eggles01 on 09/11/2018 - 17:07

    if you are studying in a university or some sort of college there should be people there that can advise you what you can do,ask your teacher where you can get advise on your problem,did you produce your license and learner permit at the police station,find out if Vic has state legal services and contact them to see if they can advise only other avenue is to contact a solicitor and see if they offer any free time for advise,if you have an international license and you are only here temporary I would have thought you did not need to transfer to Australian license unless you apply for permanency ,the police officer that booked you is acting on what he is trained and directed to do ,so it is up to you to produce both the license and learners permit,if you do not produce them then you are saying that you are guilty as charged,

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