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WA Incorrectly Served Drivers Licence Suspension - Have It Revoked?

Discussion in 'Traffic Law Forum' started by matthew12345, 1 April 2016.

  1. matthew12345

    matthew12345 Member

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    I have acquired 5 demerit points in WA and I have been served with a notice of suspension for three months due to being considered a novice 1 driver. I held my learners permit for a period of at least 6 months and then have held my provisional drivers licence for 9 months before receiving the speeding fines which accured the 5 demerits. However, I don't believe that I am a novice type 1 driver due to what it states on the Department of Transport WA website. It states that "A person is a Novice Driver Type 1 until they have held a drivers licence for a period of at least one year or periods adding up to one year, and includes a first-time learner's permit holder.

    Up until the end of the first year of holding a licence a person will only be able to have three (3) demerit points recorded against them. If four (4) or more demerit points are recorded against a person, they will be disqualified from driving for at least three months and any driver's licence held will be cancelled."

    Based on their information, I would make out that I am a novice type 2 driver which states "A Novice Driver Type 2 is a person who has held a drivers licence for more than one (1) year but less than two (2) years.

    Up until the end of the second year of holding a drivers licence, a person will only be able to have seven (7) demerit points recorded against them in total. If eight (8) or more demerit points are recorded against the person, they will be disqualified from driving for at least three months and any driver's licence held will be cancelled."

    With this information, I would say that my suspension should be revoked? Is this correct under Traffic Law?

    This information may also help:

    "Is being a Novice Driver the same as being a provisional driver?

    No. You can be a provisional licence holder without being a novice driver. For example, you may get your moped licence at the age of 16 years but not get your car drivers licence until you are 17 years old. You will cease being a novice driver once you have held a drivers licence for two (2) years but will remain a provisional licence holder until you are at least 19 years of age. During the period between completing your novice driver period and the end of your provisional period, you must continue to display your “P” plates however the novice driver restrictions will no longer apply.

    references
    http://www.transport.wa.gov.au/mediaFiles/licensing/LBU_DL_FAQ_Graduated_DP.pdf

    Your help would be much appreciated

    Kind regards
     
  2. Clancy

    Clancy Well-Known Member

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    My guess is that they will be more interested in the date of the offenses, not the date you received the notices, sorry.
     

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