Driver’s Licence Myth Busting

When it comes to fines and points systems relating to Driver’s Licences in Queensland, there can be a number of myths that get people into trouble on court day. It is important, before representing yourself, you are up to speed on the laws relating to driver’s licence offences.

Recently in court, Robert Bakker observed a case before the Magistrate, where a self-represented party made a number of points that were, in fact, complete myths.

So we thought it may be helpful to bust some myths and get to the truth of what you can expect if you get in trouble with your drivers licence!

Myth #1 – That You Lose Points on your Driver’s Licence

This is not true.  We are not given 12 points to lose.  Rather, when you receive an infringement notice you accumulate points.  For example, a fail to stop offence is 3 points accumulated.

It is when 12 or more points are accumulated in a 3 year period that problems arise.

Myth # 2 – That If You Wait As Long As Possible To Pay The Fine You Will Not Accumulate The Points Until You Pay The Fine

This myth is completely wrong and will cause drivers many problems.

The truth is that your points are accumulated on your traffic history as at the date of the offence NOT when you pay the fine.

Myth # 3 – That if I “Lose” 12 Points I Lose My Job

Again, this is untrue.

If you have accumulated 12 or more points in a 3 year period, you will receive a “notice to choose” from Queensland Transport to the address on your licence (you are 100% responsible to keep this up to date).

The notice will give the driver 2 options.  Either the driver may elect to have his licence suspended for a period of 3 months, during which time he cannot drive at all, or the driver may elect to go onto a “good behaviour licence” for a period of 12 months.

In every case Robert Bakker of rb lawyers will recommend to a driver to accept the good behaviour licence as this is not a “suspension” and therefore still allowing you to be eligible later for a Special Hardship Order (SHO) should you need it.

Myth # 4 – If My Traffic Case Goes to Court and I Lose, the Court will Suspend My Licence Straight Away.

This is mostly untrue.  If you decide to challenge a traffic infringement notice in Court and are unsuccessful in Court, the Court will only impose a fine in most cases.

It is then a matter for Queensland Transport to process that fine and guilty finding. If you have then accumulated more than 12 points you will receive the “notice to choose”.

Myth # 5 – It’s Not a Good Idea to go on a Good Behaviour Licence as I Only Have 1 Point

It is true that being on a Good Behaviour Licence incurs some risk, but you still have 1 point to lose.  If you lose 2 points or more there is still the option of applying for the SHO  if you are eligible.

Finally Myth # 6 – That I Only Need to Turn Up to Court to Get a Special Hardship Order

This is untrue.

In order to successfully apply for a Special Hardship Order, there is necessary paperwork and Affidavits. You must also establish a number of points to support your application including,  for example, that you will suffer extreme hardship if you are not granted a SHO.

Having a traffic law specialist, like RB Lawyers, prepare your necessary paperwork and make submissions directly to the Court on the day of your court appearance is your best chance, because at the end of the day, the decision is at the court’s discretion.

For more information, contact Robert Bakker.