Driving Unregistered Vehicle - No Unpaid notification

Licences, Registration, RWC, ADR
ammm
Posts: 5
Joined: Sun Feb 15, 2015 8:05 pm

Driving Unregistered Vehicle - No Unpaid notification

Postby ammm » Sun Feb 15, 2015 8:12 pm

Hi,

I've been pinged for driving an unregistered vehicle. I do not believe that I received any notification from VicRoads stating that the vehicle registration was unpaid or that the registration had been cancelled. I would not have been driving the vehicle if I had known it was unregistered - I wouldn't have knowingly let the vehicle become unregistered as this is my work vehicle. I've now got a $740 fine to pay, re-registration, roadworthy and any other expenses that I will have to get the car back on the road.

Do I have any recourse here, or should I just suck it up and pay / look at my options? I'm totally frustrated right now - in my entire driving life (almost 20 years) the only driving infringement I've had is a single speeding fine. (Got it on my P's, vowed to never get another).

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: Driving Unregistered Vehicle - No Unpaid notification

Postby Day » Sun Feb 15, 2015 8:35 pm

Did you get the registration renewal notice or have you moved since paying the previous years registration?

ammm
Posts: 5
Joined: Sun Feb 15, 2015 8:05 pm

Re: Driving Unregistered Vehicle - No Unpaid notification

Postby ammm » Sun Feb 15, 2015 8:49 pm

I received the renewal notice, but do not believe that I received an unpaid notice nor a notification that the registration was cancelled. I have a second vehicle (that has had an unpaid notice). Address is current and has not changed. I appreciate that I should have paid the registration, but I do not believe that I have received either notifications of unpaid/overdue and cancelled. Either of these notices would have either triggered the registration to be paid and/or ensured that the vehicle was NOT driven.

ammm
Posts: 5
Joined: Sun Feb 15, 2015 8:05 pm

Re: Driving Unregistered Vehicle - No Unpaid notification

Postby ammm » Sun Feb 15, 2015 8:59 pm

This was purely an oversight - I had assumed that I had paid the registration. I had every intention of paying it, there was no deception involved - this wasn't an attempt to "save" paying the registration. I have two other vehicles accessible at the property. I most certainly did not willingly attempt to circumvent the registration process. I'm concerned that this will fall upon deaf ears, and there will be no path through the bureaucracy other than handing over a massive pile of money, for a simple oversight that probably should have had two paper based warnings to prevent this.

Day
Posts: 1604
Joined: Wed Mar 19, 2008 4:51 pm

Re: Driving Unregistered Vehicle - No Unpaid notification

Postby Day » Sun Feb 15, 2015 9:09 pm

I don't like your chances. I am unaware of requirements for sending out cancellation notices- extra costs to the tax payer and all that. I don't believe that the infringement suggests that you were trying to do anything underhanded, nor do I think you were trying to do anything underhanded. It is purely a response to the act of driving an unregistered vehicle on the road. I suppose if the fine wasn't what it was then people would attempt to be underhanded in their actions and some would seek to risk not paying rego. Keep us informed with what you plan to do. Good luck.

Hardy
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Re: Driving Unregistered Vehicle - No Unpaid notification

Postby Hardy » Sun Feb 15, 2015 10:37 pm

There is no acceptable excuse to driving a motor vehicle which is not registered. If you don't like paying the ticket then take the case to court and ask the magistrate to order a smaller fine or no fine at all.

ammm
Posts: 5
Joined: Sun Feb 15, 2015 8:05 pm

Re: Driving Unregistered Vehicle - No Unpaid notification

Postby ammm » Sun Feb 15, 2015 11:13 pm

Hi Sean,

Thank you for your time and advice.

Based on your experience, would it be worthwhile taking this to court asking the magistrate for a smaller / zero fine? Do I have any recourse to call VicRoads to task for notifications not being received? I had made the assumption that the registration had been paid, and that the vehicle was registered. If I had been informed of a non-payment, I would have rectified this promptly.

Ideally, I would like to pay the registration, active from the date of renewal, and proceed with the registration as if it was paid. As I did not receive notification, I'm at out of pocket a significant expense, that could have been avoided with a notification, or be simply reversed with the acceptance of a payment.

freddie
Posts: 488
Joined: Mon Jan 24, 2011 10:09 pm

Re: Driving Unregistered Vehicle - No Unpaid notification

Postby freddie » Sun Feb 15, 2015 11:28 pm

ammm wrote:Ideally, I would like to pay the registration, active from the date of renewal, and proceed with the registration as if it was paid.


Said everyone who has ever been caught driving unregistered.

Hardy
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Re: Driving Unregistered Vehicle - No Unpaid notification

Postby Hardy » Mon Feb 16, 2015 7:03 am

You will need to avoid referring to this section when you are complaining about not getting your renewal notice:
http://www5.austlii.edu.au/au/legis/vic ... 9/s66.html

ammm
Posts: 5
Joined: Sun Feb 15, 2015 8:05 pm

Re: Driving Unregistered Vehicle - No Unpaid notification

Postby ammm » Mon Feb 16, 2015 10:30 am

Hi Sean,

I'm (now) aware of the legislation that specifies that the onus is on the drive to ensure that the vehicle is registered. Despite that I have had reminders in the past.

Am I wasting time with this thought process, or would it be possible to reverse some of the actions taken here?

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Driving Unregistered Vehicle - No Unpaid notification

Postby Hardy » Mon Feb 16, 2015 10:34 am

If you don't like paying the ticket then take the case to court and ask the magistrate to order a smaller fine or no fine at all.


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