VIC Can Vicroads Override Court Orders?

Discussion in 'Traffic Law Forum' started by Pblan, 28 August 2018.

  1. Pblan

    Pblan Member

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    In 2003, I surrendered my drivers licence for drink driving in Victoria. I received a 10-month cancellation, and required a court order to be reinstated. I moved to Darwin in 2004. I ask to transfer my drivers licence, and they informed me that I needed to complete the drink driver program. I completed the program and transfered my Vic licence to NT.

    2018, I move to Mildura Victoria. I contacted Vicroads to transfer my licence, and they informed me I needed a court order. I arrange court date and spoke with police. The magistrate asked for proof that I did the drink driver program. I showed evidence that I completed it in NT. Judge states as that no driving offences since 2003 and police report was in favour of my licence return. The order for licence return is granted.

    I contacted vicroads to ensure all paperwork was correct. They confirm I had everything I needed. I attend the local vicroads to make appointment and double checked paperwork. Again I was informed all was correct.

    I attended the appointment for licence and was told that the “court order doesn’t mean anything” and it doesn’t count as completion of the drink driver program.

    I spoke to manager as to why I have been told all paperwork is correct and that they are ignoring the court order.

    “Well staff don’t know what they are doing”

    “Magistrates can’t decide if you get licence back, vicroads requirements are not up to the courts”

    I have that recorded.

    I spoke to the police, courts, drink driving programs and none have ever heard of them doing it. All say court order overrides vicroads. Vicroads say they are above the courts.

    Help?
     
  2. Tony Danos

    Tony Danos Lawyer
    LawTap Verified Lawyer

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    If the court have issued a license restoration order then VicRoads should give you a license.
     
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  3. Rod

    Rod Well-Known Member

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    You may have to take VicRoads to court for contempt of court.

    I'd be on the phone to a manager at VicRoads saying you have my application for a driver's license and a court order. If you fail to issue me with a license within the next 14 days I shall file a court action for contempt of court against VicRoads, and the manager responsible for issuing licenses. If that doesn't get them moving, post copies of a letter mentioning contempt of court, your application and court order to both the Manager Licensing at VicRoads and another copy to Legal Department at VicRoads.

    I don't know their official titles, you may need to request that information during your phone call. Keep the letter civil and on point - do not get angry, do not go off-track. Stick to the facts in an unemotional way. Suggest damages might be in order if you lost a job because of their unlawful refusal.

    When VicRoads made an unreasonable request on a matter I was dealing with, I asked them over the phone to withdraw the request. When they refused, I asked for the name of the person/manager responsible for the refusal and an address as I am going to file a court action over this refusal.

    I was asked to wait and put on hold for 10 minutes, then suddenly the issue disappeared. I was partly lucky, but also had a very strong case and most likely would have won at court.
     
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    #3 Rod, 29 August 2018
    Last edited: 29 August 2018
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