Incorrect Driver History - Vic Roads

Licences, Registration, RWC, ADR
spiroo
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Incorrect Driver History - Vic Roads

Postby spiroo » Tue May 12, 2015 9:47 pm

Help please, I have just received my driver history from vic roads, which shows I apparently lost my license for 1 month back in 2006. This is all news too me, I have never had a speeding fine for anything like 30km above speed limit, Let alone ever had any notification I had lost my license for a month and have never even had a bike license!! WTF

How can this appear on my driving history? Obviously I will be calling vic roads, but how do I / they prove anything and fix this up??

the following is a copy from what it states:

Traffic Infringement Notice 21/06/2006 exceed speed limit by 30km or more but less than 35km
date of offence 23/05/2006
car permit or license suspended for 1 month from 21/06/2006
bike permit or license suspended for 1 month from 21/06/2006

Hardy
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Re: Incorrect Driver History - Vic Roads

Postby Hardy » Tue May 12, 2015 10:04 pm

It's quite simple to fix:
The vicroads history will tell you the TIN number.
Then go to Civic Compliance and ask to see the photo of that infringement - I'm betting it is a camera offence. You need to do this promptly.
If the infringement notice was handed to you personally, then you are stuffed and no need to read any further.
If the infringement notice was sent to you by mail and you didn't get it, then you can apply to the court for an extension of time to nominate a responsible person, reject a nomination, or defend the allegation in court. You have only 14 days to make that application, so you must act promptly upon becoming aware of the existence of the infringement offence. See s.89B Road Safety Act. You can complete the application form and lodge it at Civic Compliance, and it needs to be accompanied by an affidavit. See a lawyer if it is important enough.
Eventually you will get a court date and you face a magistrate who will read the affidavit and hopefully give you an extension of time to nominate or elect to go to court.
You then get a copy of that court order and attach it to your nomination or election to go to court and file that at civic compliance.
Once you are at court, you can plead not guilty and defend the allegation that the vehicle was speeding, or if you want to argue that you were not the person responsible for the vehicle at the relevant time then you need to file a nomination rejection statement as well as lodge the election to go to court. At court your defence will be that the police should have accepted the nomination rejection statement.
:P

spiroo
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Re: Incorrect Driver History - Vic Roads

Postby spiroo » Tue May 12, 2015 10:31 pm

thanks Hardy for your reply, I am a little confused with your time frames mentioned... this all happened in 2006 based on the vic roads history apparently.

Where / how do the 14 days come into play? would the camera office still have the picture in 2015??

If an infringement was handed to me I would know?!? I'm confident that I would recall getting pulled up, being fined for that amount of speed and would expect to be told I would lose my license for a month by the police officer??

If vic roads tells me that this is what happened, and I know nothing of it how do I fix it / prove that it never happened??

once again thanks for your advice, greatly apreciated

spiroo
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Re: Incorrect Driver History - Vic Roads

Postby spiroo » Tue May 12, 2015 10:52 pm

I forgot add, on the report it states "has been convicted or found guilty of the following matters" does this mean I would have (had) to attend court in this matter?

thanks again

Hardy
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Re: Incorrect Driver History - Vic Roads

Postby Hardy » Tue May 12, 2015 10:52 pm

It's 14 days from today.
The photo is not very relevant. Don't worry about looking at it if you don't feel like it. If the TIN number starts with 02 or 01 then it was a camera and was sent by post.
If it starts with 03, then you need to find out if it was sent by post, so you will need to ask civic compliance to show you a copy of the infringement notice and see what it says about that.
I never said you should contact vicroads.

allde
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Re: Incorrect Driver History - Vic Roads

Postby allde » Wed May 13, 2015 8:04 am

Your history spiroo is not as bad as mine, I crossed a road on a motorbike when I was 17, went to court was found guilty of been unregistered, unlicenced and no insurance.
Imagine a future employer asking for my drivers history and seeing that in there. :shock:

nofines
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Re: Incorrect Driver History - Vic Roads

Postby nofines » Wed May 13, 2015 8:54 pm

I'm confused.

Why does OP need to do anything if the suspension was completed in 2006?

Hardy
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Re: Incorrect Driver History - Vic Roads

Postby Hardy » Wed May 13, 2015 10:27 pm

He doesn't need to do anything, as the vicroads history could not have any affect on him at all. But it does reveal a conviction recorded and many people don't like having a conviction recorded against them - especially if it has been recorded in error. Bringing this case back to life now can have the effect of giving him a licence suspension commencing the date he loses his court case. So he will need to be pretty optimistic he is correct before he elects to defend the case in court.

rustyone
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Re: Incorrect Driver History - Vic Roads

Postby rustyone » Sun May 17, 2015 9:21 am

spiroo wrote:Help please, I have just received my driver history from vic roads, which shows I apparently lost my license for 1 month back in 2006. This is all news too me, I have never had a speeding fine for anything like 30km above speed limit, Let alone ever had any notification I had lost my license for a month and have never even had a bike license!! WTF

How can this appear on my driving history? Obviously I will be calling vic roads, but how do I / they prove anything and fix this up??

the following is a copy from what it states:

Traffic Infringement Notice 21/06/2006 exceed speed limit by 30km or more but less than 35km
date of offence 23/05/2006
car permit or license suspended for 1 month from 21/06/2006
bike permit or license suspended for 1 month from 21/06/2006

ok spiroo, why did you receive your history in the mail? did you ask for it to be sent by Vicroads for some reason?
if it is an error that that has been made and your new employer wants to see that you have a good driving history you need to get it fixed! like sean said dont ask Vicroads untill you have some facts at least, so like he said if there is an notice number you can try Civic complyance.
good luck keep us posted

spiroo
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Re: Incorrect Driver History - Vic Roads

Postby spiroo » Thu May 21, 2015 9:02 pm

Hi all, apologies on the delayed reply. I have been busy trying to figure this out since posting and finally have been provided with the correct information today.

After many phone calls and discussions and being given the run around by Civic Compliance, I now know the actual reason for this suspension appearing back in 2006 whilst holding a NT drivers license, I was caught speeding in Rushworth,Vic. (now having the correct information I actually remember the offence, place and time) the copper was really pissed as at me after he did his radio checks on my license and came back to me with - "because I had an NT license, he stated that if I had a Victorian drivers license I would loose my license for a month but because I had an NT license he could do nothing about it". (I had a staff member in the car at the time who I could chase up to verify this) He issued me a speeding fine, went on my way and it was paid.

Now, as for the suspension of which I knew nothing about until 2 weeks ago, after speaking with Civic compliance they have been able to retrieve a copy of the original speeding fine which is on its way to me today. They have advised that the police officer has NOT ticked / checked the back of the speeding fine stating I was made aware by him at the time that I would be given a suspended license (I have not mentioned to civic compliance that I remember the speeding offence and what was stated as mentioned by the officer) - but some how which is yet to be explained to me, I was given a suspension without any notice from Civic compliance or Vic roads - they do not have any documents to state they advised me of having a suspended license at any time - hence for one month I was actually driving around Vic (I had moved here at the time of the speeding fine being issued) on a suspended license without knowing!!

So what options do I now have?

How can I get this removed? (Vic roads have stated they can remove it with advice from civic compliance)

I don't want this appearing on my driving history... I would accept it appearing if it was applied correctly at the time and I knew of the suspension, but as far as I am concerned I have never been convicted or found guilty of a driving offence.

I am attempting to gain my Drivers Certificate - Hire Car Drivers License (chauffer) and as confirmed by Civic Compliance and the Taxi Directorate having a driving suspension on my driving history will impede my employment opportunities.

I requested my driving history as this is part of the requirement to provide to the Taxi Directorate as part of the application process...

Spiroo

Hardy
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Re: Incorrect Driver History - Vic Roads

Postby Hardy » Thu May 21, 2015 11:09 pm

So what options do I now have?

You were given an infringement notice and did nothing about contesting it.
Your only option now is to grin and bear it.

busdriver
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Re: Incorrect Driver History - Vic Roads

Postby busdriver » Fri May 22, 2015 2:11 pm

spiroo wrote:
After many phone calls and discussions and being given the run around by Civic Compliance, I now know the actual reason for this suspension appearing back in 2006 whilst holding a NT drivers license, I was caught speeding in Rushworth,Vic. (now having the correct information I actually remember the offence, place and time) the copper was really pissed as at me after he did his radio checks on my license and came back to me with - "because I had an NT license, he stated that if I had a Victorian drivers license I would loose my license for a month but because I had an NT license he could do nothing about it". (I had a staff member in the car at the time who I could chase up to verify this) He issued me a speeding fine, went on my way and it was paid.



Even though you held a NT licence at the time, once you paid the fine, your right to drive in Victoria would have been withdrawn for a month(as a licence suspension for Victorian Licence Holder). Hence why this is appearing on your Victorian Driving History Report.

As my username suggests, I work in Public Passenger Transport industry and I can say that having a licence suspension may impede your chances of gaining in employment in the industry. Some employers will not accept applicants that have had licence suspension in past.

Gravy
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Re: Incorrect Driver History - Vic Roads

Postby Gravy » Fri May 22, 2015 2:14 pm

spiroo wrote:...but as far as I am concerned I have never been convicted or found guilty of a driving offence.
Whilst that sentence is (probably) technically correct, the sentiment is not:
spiroo wrote:He issued me a speeding fine, went on my way and it was paid.
By paying the infringement you tacitly accept the allegation - it's pretty much the equivalent of pleading guilty.

spiroo wrote:for one month I was actually driving around Vic on a suspended license without knowing!!
I think it's not so much a licence suspension as it is a ban on driving in Victoria. VicRoads doesn't have the authority to suspend your NT licence, but you can be banned from driving in the state if you break the rules sufficiently to warrant a suspension. From your posts, it does read as though the suspension/ban has been recorded incorrectly.

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Re: Incorrect Driver History - Vic Roads

Postby Hardy » Fri May 22, 2015 2:18 pm

The correct traffic record entry should state:
Convicted and fined $389.00
Disqualified from driving in Victoria for one month from 21/6/2006.

There is no point asking vicroads to amend your record to reflect the above, cos that will look worse.

spiroo
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Re: Incorrect Driver History - Vic Roads

Postby spiroo » Fri May 22, 2015 6:36 pm

Hardy wrote:
So what options do I now have?

You were given an infringement notice and did nothing about contesting it.
Your only option now is to grin and bear it.



Hi Hardy - why would have I contested it when as far as I was concerned it was just a speeding fine?

spiroo
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Re: Incorrect Driver History - Vic Roads

Postby spiroo » Fri May 22, 2015 6:39 pm

Hardy wrote:The correct traffic record entry should state:
Convicted and fined $389.00
Disqualified from driving in Victoria for one month from 21/6/2006.

There is no point asking vicroads to amend your record to reflect the above, cos that will look worse.


True, although I intend to get this off my driving history. Someone screwed up somewhere... be it the officer, or Civic Compliance. I was not notified of a suspension by anyone at any time. Someone made the decision to place this on my driving history incorrectly?

Imaging if I was involved in an accident and killed someone? without knowing I was on a suspended license - what would have happened then?

Or if I was pulled over and license checked to be told - why are you driving on a suspended license???

Hardy
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Re: Incorrect Driver History - Vic Roads

Postby Hardy » Fri May 22, 2015 7:22 pm

Someone screwed up somewhere.

From what I have read so far, that person seems to be you.
You failed to read the notice and appreciate that it takes effect as a conviction after 28 days if you fail to object to it.

spiroo
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Re: Incorrect Driver History - Vic Roads

Postby spiroo » Fri May 22, 2015 11:27 pm

Hardy wrote:
Someone screwed up somewhere.

From what I have read so far, that person seems to be you.
You failed to read the notice and appreciate that it takes effect as a conviction after 28 days if you fail to object to it.


ok, I'm not sure how.... I got a speeding fine, I paid it - like all speeding fines I may get, there was no notice of a suspension in anyway, that's the guts of it.

How can it be acceptable if drivers are not notified of a suspension? Just like I was... what then.. have a situation with drivers driving around not knowing?

Is civic compliance allowed to just go add a suspension without notifying the driver (or vic roads)?

If they had actually read the fine, they would have seen that officer had not ticked / marked the required section (obviously I will know more when I get my copy of it)

How can they apply a suspension if I wasn't given notice? They must have a procedure to work around that... As I would not be the first it to occur to!

Was the run around from civic compliance their way of trying to hide the fact they had screwed up... obviously they were able to pull up the infringement notice.

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Re: Incorrect Driver History - Vic Roads

Postby Hardy » Sat May 23, 2015 5:17 am

I have had many cases where the box is not ticked.
The answer is that there is no law that requires the box to even be there, let alone ticked.
The information about licence loss is on the reverse of the notice - in the fine print. The notice is a valid notice that takes effect as a conviction with licence suspension or driving disqualification whether or not the box is ticked. The legislation does not require the notice to tell you how long your licence is going to be suspended for or what date the suspension starts and ends. The law seems to expect you to work all that out for yourself.

The purpose of the notice is to give you a chance to agree or disagree with the allegation that you committed a speeding offence. It does not invite you to agree or disagree with the mandatory licence loss penalty for committing the offence. If you don't object to the ticket then the conviction and mandatory licence loss period must apply. The legislation required vicroads to disqualify you from driving for 1 month and record 4 demerit points because you failed to challenge the speeding ticket.

Had you been found driving whilst disqualified you could have tried to argue in your defence that although the infringement notice complied with the law you nevertheless had an honest and reasonable belief that you were not disqualified from driving in Victoria because the infringement notice did not have the box ticked indicating that a disqualification period applied to you. I think most magistrates would not accept that your belief was reasonable. In any case, there is no scope for setting aside a conviction arising from an excessive speed infringement notice that you received and failed to respond to within the 28 day period.

spiroo
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Re: Incorrect Driver History - Vic Roads

Postby spiroo » Tue May 26, 2015 10:51 pm

Does that mean after I have further discussions with civic compliance, fail to have them remove it, that I should not contact you for your services?

Based on your replies I basically have no chance of it being removed from what I understand.


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