Thread: How to lose your DRIVERS licence for a fine you've never been issued. - In WA

What would worry me about this is his getting his DL suspended for a non driving related offence. That would seem to be stretching the "long arm of the law" a little bit too far, IMV.

I'm tipping the penalty for "driving whilst disqualified" is going to be more than $153 and a few cents, as well. What did COTY pull him over for in the first place?

Originally Posted by johntins

What would worry me about this is his getting his DL suspended for a non driving related offence. That would seem to be stretching the "long arm of the law" a little bit too far, IMV.

I'm tipping the penalty for "driving whilst disqualified" is going to be more than $153 and a few cents, as well. What did COTY pull him over for in the first place?

That is a way of trying to get people to pay their fines, and considering how many people don't pay their fines...IMO good to do whatever they can to get the money. Not commenting on this case in particular.

He is not 'driving whilst disqualified'. As John says, that would be much more than a fine, that is a day in court. He is driving under suspension for fines, which is an instant fine.

Originally Posted by johntins

What would worry me about this is his getting his DL suspended for a non driving related offence. That would seem to be stretching the "long arm of the law" a little bit too far, IMV.

Happens regularly in NSW. See Enforcement action | Revenue NSW

Not only that, if the fine is unpaid, one may not be able to travel overseas.

Originally Posted by Gordie

That is a way of trying to get people to pay their fines, and considering how many people don't pay their fines...IMO good to do whatever they can to get the money. Not commenting on this case in particular.

He is not 'driving whilst disqualified'. As John says, that would be much more than a fine, that is a day in court. He is driving under suspension for fines, which is an instant fine.

In Vic it would be. A suspension is disqualification here. Can't speak for WA though.

As for your first point, is taking away your right to drive, remembering that MANY people rely on driving to earn their living, a fair response for some other trivial offence? An offence he was probably unaware of? Seems a little Draconian to me. What about second and third and final notices? What about a letter informing of potential suspension?

Then there's the money aspect. It usually costs more to pursue payment of fines than is recouped from the fine itself, so "getting the money" is irrelevant.

Before anyone starts jumping up and down, I am NOT saying laws should not be enforced. I am saying that taking away someone's livelihood is NOT the way to get that someone to pay a fine. In Vic, the Sherriff does an admirable job of ensuring fines get paid. No loss of income involved.

Originally Posted by p38arover

Happens regularly in NSW. Not only that, if the fine is unpaid, one can't travel overseas.

Well, NSW is the most Draconian of all. Getting fined for, say, littering should have no bearing on one's DL. The two things are unrelated.

This whole thing is just another example of how our 'rights' are being eroded by stealth.

No one has the 'right' to drive. It is a privilege. In this state and I suspect the others...it is a last ditch attempt at getting the money. I suspect you are a good citizen like I am , I pay my fines. You would pay your fines. There are a lot of people out there who commit offences, and laugh at the penalties and fines(I have seen it). As a good citizen I applaud that those people are forced somehow to pay their fine. For justice to be applied. We all whinge on here at how people get away with crimes, so I don't think we should whinge when someone after many payment reminders, loses their licence as a last resort.

Once again, not commenting on the OP's situation, as it seems his son genuinely did not get the mail, and there are cases where if you have moved address etc, that can happen. In this state, it was a defence if you did not receive said notices.

A fines suspension, which is usually notified to you by mail...is not a disqualification, in the sense of a court issued disqualification. That is an offence which can be punished by gaol. As the offender has thumbed his nose at a magistrate and driven. And said offender has been told that to the face by a magistrate. Not a notice in the mail.

Fines and forfeiture without a ruling by a court of competent jurisdiction are illegal. Look up the Imperial Acts Application Act.
I too, agree that you should be held responsible for your actions, but if any government is going to jump on "lawbreakers", it must do so within the constitutional law of the land.

Yes the same here, threats to your DL are in place for all road traffic offences, and include parking violations against local councils.
As annoying as it is, there is a sound logic, but pointless to challenge a govt. regulation. And yes, I also would expect at least ONE "This is Your Last Chance" demand before the axe fell.

Actually, speaking of State Debt... this could be a nice little earner, "sell" this Service to Debt Collectors.. now add this to the bunch of heavies on your front door with their hands out. or Legal Letters from Private Parking Companies - the Gendarmes will pounce as you drive off to work. )
- The Copper's lot is a sorry one and getting worse !

But for a POLITICAL matter...? I think the insidiousness of that is offensive. Next tiny step is checking the validity of each and every vote cast, - before the elector leaves the polling station.
- One wonders what the situation is in other (civilised) countries, UK, Europe, NZ.

Granted, he has moved house several times in recent years, his Grandfather's residence being the go-to postal address for other departments, or our home one. Either way, any mail received would very quickly find it's target. Nothing has been seen that hasn't been passed on, and the WAEC logo has never appeared at either.

COTY chose not to fine him (on the spot) for 'Driving without a valid Licence' - but enforced the immediate compliance.

Meanwhile, no govt offices open anywhere until next year - sometime. And in the coming week.. he sits and watches his job (most likely) going down the toilet.
No employment, - no ability to pay a fine and fines on top of fines..