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View Full Version : Loop hole in demerit points system



ypad1
20-03-2007, 11:46 PM
I got a fine yesterday - 16km/hr over speed limit which came up to $215.
I was wondering of ways of refuting it.

Once i heard of a loop hole in the vicroads system which works as follows:

Say i make a payment (by cheque ) of $216 to them. They will process it and return me back a cheque of $1. Then what i need to do is to never cash up that cheque. The computer system there will not keep prompting them to send me reminder / legal notices (as i would have already paid the fine), BUT at the same time, the system will not issue me the demerit points since the case is not closed yet (waiting for me to cash the $1 cheque).

I dont know how much of it is true. Anybody heard about it before or tried it??
I'm going to try it and if it works, will let everybody know here.

Decromin
21-03-2007, 12:18 AM
Yup - I think it worked once in 1989. They fixed this loophole pretty quick.

Shmacky
21-03-2007, 12:55 AM
Yup - I think it worked once in 1989. They fixed this loophole pretty quick.

Nope, didn't work then either....

Shmacky

Devil CV8
21-03-2007, 06:35 AM
The only loophole is the points don't take effect until you are found guilty, either by paying the TIN or the judge banging his gavel and saying guilty. It is possible to use that loophole to delay the points until you have more (red Ps to green, or green Ps to full or 3 year anniversary of a penalty)

This is in NSW

Smitty
21-03-2007, 06:44 AM
I got a fine yesterday - 16km/hr over speed limit which came up to $215.
I was wondering of ways of refuting it.

Once i heard of a loop hole in the vicroads system which works as follows:

Say i make a payment (by cheque ) of $216 to them. They will process it and return me back a cheque of $1. Then what i need to do is to never cash up that cheque. The computer system there will not keep prompting them to send me reminder / legal notices (as i would have already paid the fine), BUT at the same time, the system will not issue me the demerit points since the case is not closed yet (waiting for me to cash the $1 cheque).


I dont know how much of it is true. Anybody heard about it before or tried it??
I'm going to try it and if it works, will let everybody know here.

hate to say it...but wrong
as said, the loophole was closed back in the 80's
today?
the points come off when the infringement gets processed
(not when you pay)
also
The $ process gets handled differently from the demerit points processing...
why? the PERIN process gets into gear if you don't cough up

hth

cheers

VU_SS_UTE
21-03-2007, 07:37 AM
hate to say it...but wrong
as said, the loophole was closed back in the 80's
today?
the points come off when the infringement gets processed
(not when you pay)
also
The $ process gets handled differently from the demerit points processing...
why? the PERIN process gets into gear if you don't cough up

hth

cheers

The points most certainly do not come off when you get the ticket in Tasmania, and I cant see how they do in other states. As if you take it to court and somehow win then you never lose the point, so how can they take them as soon as you are issued the ticket?

Tonner
21-03-2007, 07:40 AM
I got a fine yesterday - 16km/hr over speed limit which came up to $215.
I was wondering of ways of refuting it.

Once i heard of a loop hole in the vicroads system which works as follows:

Say i make a payment (by cheque ) of $216 to them. They will process it and return me back a cheque of $1. Then what i need to do is to never cash up that cheque. The computer system there will not keep prompting them to send me reminder / legal notices (as i would have already paid the fine), BUT at the same time, the system will not issue me the demerit points since the case is not closed yet (waiting for me to cash the $1 cheque).

I dont know how much of it is true. Anybody heard about it before or tried it??
I'm going to try it and if it works, will let everybody know here.

Silly bloody Chris Tansey, our plumber keeps telling everyone on our job sites of the so called loophole, Im sick of hearing it from him as we all know its bullsh1t, I should printout the replies here and pop it in his lunch box today.

thanks for bringing it up.

VYBerlinaV8
21-03-2007, 08:15 AM
I copped a fine back in 1999, and tried this. And it seemed to work, because when I checked my points a year later they had not been deducted. Of course, I would be willing to accept that someone had made a simple mistake (or they couldn't transfer the points interstate then). Either way, I didn't get the points.

Smitty
21-03-2007, 08:24 AM
The points most certainly do not come off when you get the ticket in Tasmania, and I cant see how they do in other states. As if you take it to court and somehow win then you never lose the point, so how can they take them as soon as you are issued the ticket?

sorry..not clear enough
in Vic the points come off when the infringement
arrives at VicRoads and is processed
if you dispute it and win..the plod send the court result
to VicRoads who give you yr points back

hth

Ryzz
21-03-2007, 08:29 AM
sorry..not clear enough
in Vic the points come off when the infringement
arrives at VicRoads and is processed
if you dispute it and win..the plod send the court result
to VicRoads who give you yr points back

hth

Or in NSW you can be cleared by the court, but the RTA still gives you the demerit points anyway, go figure :rolleyes:

seedyrom
21-03-2007, 08:45 AM
http://www.snopes.com/autos/law/ticket.asp

Cainer
21-03-2007, 09:13 AM
The only loophole is the points don't take effect until you are found guilty, either by paying the TIN or the judge banging his gavel and saying guilty. It is possible to use that loophole to delay the points until you have more (red Ps to green, or green Ps to full or 3 year anniversary of a penalty)

This is in NSW


huh, well i learn something new every day.. i was unaware it was called a Gavel.

chris_vysv8
21-03-2007, 12:57 PM
One way of to get rid of any demerits against your license is to do an interstate transfer. Of course for this you need a legitimate address in the state you're transferring to. I found this out by accident, honest ;)

CV860L
21-03-2007, 01:14 PM
One way of to get rid of any demerits against your license is to do an interstate transfer. Of course for this you need a legitimate address in the state you're transferring to. I found this out by accident, honest ;)

Yep, my mate moved to Qld about 18 months ago and got a full 12 points when he changed his licence over...........mind you 6 months later he was done for drink driving after coming off his R6 at 180km/h+ in just a t-shirt and jeans.
Losing his licence was the least of his concerns.

FLI355
21-03-2007, 01:46 PM
Tried this back in 02 didn't work. (NSW)

ltdslip
21-03-2007, 02:02 PM
mind you 6 months later he was done for drink driving after coming off his R6 at 180km/h+ in just a t-shirt and jeans....
Any pics?

Holdendriver
21-03-2007, 02:42 PM
anyone say Urban Myth?????/
Thats all it is ( or ever was)

Super Snake
21-03-2007, 03:19 PM
I got a fine yesterday - 16km/hr over speed limit which came up to $215.
I was wondering of ways of refuting it.

Once i heard of a loop hole in the vicroads system which works as follows:

Say i make a payment (by cheque ) of $216 to them. They will process it and return me back a cheque of $1. Then what i need to do is to never cash up that cheque. The computer system there will not keep prompting them to send me reminder / legal notices (as i would have already paid the fine), BUT at the same time, the system will not issue me the demerit points since the case is not closed yet (waiting for me to cash the $1 cheque).

I dont know how much of it is true. Anybody heard about it before or tried it??
I'm going to try it and if it works, will let everybody know here.

Are you asking because you have too many points?
Or, if you do accrue more points, are you going to loose your license?

If that is the case, you can elect to contest the fine in court.
Then, when it goes to court, plead guilty with a non-conviction. You will not have loose any points.
It is a grey area which I used 15 years ago and worked.
But, you must convince the Magistrate why he should do this for you.

clubbyr8vx
21-03-2007, 03:33 PM
i heard if ya dont pay the fine and let it sit for ages it dont come off untill ya pay it so if ya on speeding probation you wait til ya off it and then pay it and the extra that they charge you for being late

not sure if that works but have been told by a few peeps that it does

cheerz

clubbie
21-03-2007, 04:32 PM
Were you driving the car at the time (hint hint)?

Sign a statutory declaration over to you mum/dad/sister and just pay the thing.

Unless of course you cousin visiting from overseas was actually driving at the time then you nominate him/her and let the powers that be follow them up. (just make sure they were in the country at the time)

;) ;) ;)

Clubbie

HRT 8
21-03-2007, 04:32 PM
i heard if ya dont pay the fine and let it sit for ages it dont come off untill ya pay it so if ya on speeding probation you wait til ya off it and then pay it and the extra that they charge you for being late

not sure if that works but have been told by a few peeps that it does

cheerz
Nope. Doesnt work that way.And not only do you still acrue the point but you also get the fine plus admin costs and late fees, and whatever else they throw in. AND if you drag it out long enough you can expect any of the following. Rego suspended, Licence suspended and or the Sherrif knocking on your door with a warrant.

Pay the fine, take the points and move on.

planetdavo
21-03-2007, 04:50 PM
Pay the fine, take the points and move on.
And, as they say, that's game, set and match.
Good advice.

Y2kGoofball
21-03-2007, 05:34 PM
or waste time now, cop the points, cop late fees and so on.

$216 and a few points isnt much if you learn a lesson from it, trust me I know :cussing:

TommyVTss
21-03-2007, 05:44 PM
i would just pay it and cop it on the chin after all you were speeding! as for me i have not lost a point yet been driving for about 3 years wooh i bet i get one now!

VYSSBlack
21-03-2007, 05:55 PM
i heard if ya dont pay the fine and let it sit for ages it dont come off untill ya pay it so if ya on speeding probation you wait til ya off it and then pay it and the extra that they charge you for being late

not sure if that works but have been told by a few peeps that it does

cheerz

I have used this one in the past and it has worked, but recently I tried it out again and found that they have now fixed this and after a few reminder notices and some hefty late fees, they take your points too.

Y2kGoofball
21-03-2007, 05:57 PM
i would just pay it and cop it on the chin after all you were speeding! as for me i have not lost a point yet been driving for about 3 years wooh i bet i get one now!
yup thats what happened to me.

Was on the road for just over 3 years, and I spent most of that on the road 6 days a week for 8 to 10 hours each day being an on road technician and not one problem, went too and from Bathurst 1000 without an issue each of the 3 years, then one day just crusing along with the flow of traffic, windows donw, sun shining brightly and a good song on and bam, didnt even realise I was over the limit :cussing:

Devil CV8
21-03-2007, 06:43 PM
just keep in mind that different states have different rules and the delaying tactic does work in NSW. to delay it more than a couple of months you need to elect court. Basically the process is.

1.get TIN
2.get first reminder- send letter to infringement bureau
3.get rejection letter-elect to hear it in court
4.get green court notice, guilty/not guilty- send back not guilty
5.get first court date-send letter saying date unsuitable
6.repeat 5
7.appear in court, try for an adjournment or the cops may ask for an adjournment as they dont beleive you still want to plead guilty.

can easily go over 12 months using this method in NSW.
points don't apply to you are found guilty

VooDoo
21-03-2007, 10:51 PM
just keep in mind that different states have different rules and the delaying tactic does work in NSW. to delay it more than a couple of months you need to elect court. Basically the process is.

1.get TIN
2.get first reminder- send letter to infringement bureau
3.get rejection letter-elect to hear it in court
4.get green court notice, guilty/not guilty- send back not guilty
5.get first court date-send letter saying date unsuitable
6.repeat 5
7.appear in court, try for an adjournment or the cops may ask for an adjournment as they dont beleive you still want to plead guilty.

can easily go over 12 months using this method in NSW.
points don't apply to you are found guilty

Correct Sorta, Points dont apply until your found guilty but are backdated to the date of the offence. Even if you got points back before being found guilty, on the date of the offence if you you had run out (accrued enough for the offence to take you over the limit) and you will get a letter in the mail stating you need to hand in the licence. One of my staff in QLD just went through this exact thing and guess what, 3mths walking!

dracer
21-03-2007, 10:57 PM
you get demerit point the day the fine is sent in the mail..
simple as that!

VooDoo
21-03-2007, 11:00 PM
you get demerit point the day the fine is sent in the mail..
simple as that!

Incorrect, they arent applied to your licience until you A. PAY or B. Proven guilty. THEN its applied from the date of the offence.

Super Snake
22-03-2007, 04:14 PM
If you get convicted, you loose points.

But, if you get a non conviction would you still loose points?

Devil CV8
22-03-2007, 04:18 PM
Correct Sorta, Points dont apply until your found guilty but are backdated to the date of the offence. Even if you got points back before being found guilty, on the date of the offence if you you had run out (accrued enough for the offence to take you over the limit) and you will get a letter in the mail stating you need to hand in the licence. One of my staff in QLD just went through this exact thing and guess what, 3mths walking!

As I said, this is NSW and it works as of 12 months ago a family member used this to keep her license, and I have used it many years ago. It obviously doesn't work in Qld, but remember, for road rules we may as well be different countries.

ssgirl2
22-03-2007, 04:23 PM
Incorrect, they arent applied to your licience until you A. PAY or B. Proven guilty. THEN its applied from the date of the offence.

Yep, and it's the same in NSW :thumbsup:

SS :)

VYSSBlack
22-03-2007, 05:21 PM
Yep, and it's the same in NSW :thumbsup:

SS :)

Same in SA

SS LOZ
22-03-2007, 05:39 PM
Yep, and it's the same in NSW :thumbsup:

SS :)

Def correct. have one right in front of me. first paragraph, first bold letters " Payment will result in 3 demerit points being recorded on your driving record"

JezzaB
22-03-2007, 06:12 PM
Yep, and it's the same in NSW :thumbsup:

SS :)

Works in Vic. Know a person who is taking this method right now.

ypad1
27-03-2007, 11:49 AM
Thanks a lot guys for the information. I think I will just pay it and move on. I guess it's a good lesson for me and need to manage my remaining 3 points out of 12 left for another 1.5 years. But I did hear before that victoria intended of issuing speed or redlight fines with photos 'to make the system more trustworthy'. I might try and ask for a photo. If that's an issue for them, i might send the fine to my girlfriend who is driving on overseas licence and doesn't get any demerit points.

ssgirl2
27-03-2007, 12:03 PM
...If that's an issue for them, i might send the fine to my girlfriend who is driving on overseas licence and doesn't get any demerit points.

I'm sure you're aware that making a false Stat. Dec. is an offence and a person who intentionally makes a false statement can be punished with 4yrs imprisonment (in NSW).

Good Luck :wave:

SS :)

scottstewart
23-02-2009, 05:48 PM
I have tired this in QLD about 3 years ago.... did not work.

Teal
23-02-2009, 06:15 PM
I see you got your shovel out mate and dug this one up :lol:

hyperss82
23-02-2009, 07:02 PM
i got pinned in qld on a nsw licence and paid the fine but kept my points. But now in nsw they take the points before you pay the fine.

Devil CV8
23-02-2009, 07:12 PM
i got pinned in qld on a nsw licence and paid the fine but kept my points. But now in nsw they take the points before you pay the fine.

wrong.

The points take effect when you admit guilt, and this can only happen when you pay the fine or a magistrate finds you guilty.
Please try and be sure of your facts as this is how misinformation is spread.

Big_Valven
23-02-2009, 07:13 PM
Why are we discussing this?

XLR8 V8
23-02-2009, 07:20 PM
Why are we discussing this?

Because 2 year old threads have feelings too

Big_Valven
23-02-2009, 07:22 PM
:rofl::goodjob: Made my day XLR8

Devil CV8
23-02-2009, 10:04 PM
Why are we discussing this?me? I'm just correcting a post that is factually incorrect.

If we want to move to rumour and innuendo lets go grab hogs to put his 2c in:rofl:

ypad1
24-02-2009, 09:00 AM
lol...actually forgot about this post!!!

I paid the fine and copped the demerit points back then....should come off it i about 1 year now...didnt get a fine since then...so i did learn my lesson

:rofl::rofl: