I am asking this question on behalf of a close relative who holds a Victorian Drivers Licence.
On 26th January 2021 he was charged with mid range drink driving in NSW.
He went to court on 17th Feb 2021 and the Magistrate ordered a 6 month Licence suspension from 26th Jan 2021 & also imposed a fine, which he has paid. The Magistrate also ordered an Interlock Exemption Order exempting him from the operation of Section 211 Road Transport Act 2013. Special Circumstances: Hardship
He lost his job as a result of this offence.
He stopped driving from 26th Jan 2021, but Vic Roads did not apply this to his Licence straight away. It was applied a couple of months later, & they applied the loss of licence from that date. He went into Vic Roads & showed them the Court Order & they said that was not correct & he should write a letter to Vic Roads telling them when he stopped driving & asking for this to be reviewed.
It took several weeks to get a reply from Vic Roads & instead of complying with the Court order, they have extended the loss of licence till mid August. They have also said he must have an Alcohol Interlock Device fitted for 6 Months.
This will make it extremely hard to get a job, which is why the Magistrate said he was exempted.
My question now is, Can Vic Roads go against a NSW Court Order, or is this regarded as Contempt Of Court.
He has not been able to gain any employment since January . He needs a licence for his work & employers will not be prepared to fit an interlock device to their vechicle. This is why the Magistrate ordered the exemption.
I thought the only way to overrule a Court Order was with another Court Order.
On 26th January 2021 he was charged with mid range drink driving in NSW.
He went to court on 17th Feb 2021 and the Magistrate ordered a 6 month Licence suspension from 26th Jan 2021 & also imposed a fine, which he has paid. The Magistrate also ordered an Interlock Exemption Order exempting him from the operation of Section 211 Road Transport Act 2013. Special Circumstances: Hardship
He lost his job as a result of this offence.
He stopped driving from 26th Jan 2021, but Vic Roads did not apply this to his Licence straight away. It was applied a couple of months later, & they applied the loss of licence from that date. He went into Vic Roads & showed them the Court Order & they said that was not correct & he should write a letter to Vic Roads telling them when he stopped driving & asking for this to be reviewed.
It took several weeks to get a reply from Vic Roads & instead of complying with the Court order, they have extended the loss of licence till mid August. They have also said he must have an Alcohol Interlock Device fitted for 6 Months.
This will make it extremely hard to get a job, which is why the Magistrate said he was exempted.
My question now is, Can Vic Roads go against a NSW Court Order, or is this regarded as Contempt Of Court.
He has not been able to gain any employment since January . He needs a licence for his work & employers will not be prepared to fit an interlock device to their vechicle. This is why the Magistrate ordered the exemption.
I thought the only way to overrule a Court Order was with another Court Order.
Last edited:
