I was booked driving a vehicle which was un-registered and subsequently un-insured (CTP). I have been issued with two separate traffic infringements for un-registered and un-insured totaling $900 and a Type 2 Pre-Impoundment Notice valid for 5years.
The way I got into this situation is: (please bear with me)
I recently moved to a house in a suburb in which there is no Postal Service with Australia Post. I have a PO Box set up in the town where I work and I set up a Mail Redirection service from my old address to my PO Box. When I moved, I had to change my postal address with many agencies and one of which was the DTMR. I tried to change my details online, but was locked out after 3 unsuccessful attempts to log in. I made a phone call to the DTMR and requested to change the address on my licence.
The call centre attendant requested my new address that would appear on my licence, to which I gave him my residential address. He did not question if that was also my postal address and he did not request a postal address from me. I failed to advise him of my PO Box for reasons unknown (flustered after 3 attempts to log in online, long phone waiting queue, tired from a day at work).
Subsequently, I failed to receive a registration notice for one of my other cars. I failed to receive an overdue notice for that same car, it became un-registered and un-insured unbeknownst to me.
I then failed to receive a registration notice for the vehicle I was booked driving and I failed to receive an overdue notice for that same vehicle, as the DTMR did not have my Postal Address on file. They had my residential address.
2 vehicles are now un-registered and un-insured....
After some investigating, I learnt that any letters addressed to my residential address are held at the nearest towns Post Office (different town where my PO Box is located). The Post Office holds the letters for 30 days in a pile, and then "Returns to Sender". This occurred on 4 occasions for two of my motor vehicles.
The DTMR have my email address and phone number on file, yet no attempt is made to contact the registered owner regarding letters being sent back "Return to Sender". Australia Post makes no attempt to locate the correct mailing address, even though I had a PO Box at the next town 15klm away, and a Mail Redirection service set up from my previous address.
As I now understand, it is a courtesy by the DTMR to even send a renewal notice. It is always the registered operators responsibility to ensure the vehicle is registered. Regardless if the renewal notices were not received, that is not an excuse. I managed to eventually log onto the DTMR website to look at my personal details and it has two boxes, one for residential address and the other for Postal Address...If only I was able to log on that day, I wouldnt be in this situation...
The way I understand this is, a Type 2 Pre-Impoundment Notice can only exist if I am found guilty of both infringements, un-registered and un-insured.
The way the law is written, I could never be found Not Guilty for the un-registered infringement in Court. However the Un-Insured infringment notice is a little different it seems...
Namely Part 3 below taken from page 33 here:
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/M/MotorAccInsA94.pdf
20 Offence of driving uninsured vehicle etc.
(1) A person must not drive an uninsured motor vehicle on a road or in a public place.
Maximum penalty—80 penalty units.
(2) A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place.
Maximum penalty—80 penalty units.
(3) It is a defence to a charge of an offence against this section to prove that the defendant had reasonable grounds to believe and did believe the motor vehicle was an insured motor
vehicle.
(4) This section does not apply to a motor vehicle of a class exempted from its application by regulation.
(5) Also, this section does not apply to a motor vehicle to which a gratuitous CTP insurance policy under section 20A(2) relates.
So in this instance, do I have a leg to stand on under traffic law? I honestly believed the vehicle was insured. I had not received a notice to say otherwise.
If I am found Not-Guilty of driving Un-Insured, will the Type 2 Pre-Impoundment Notice go away?
Next interesting one, I have received a document from DTMR stating that I will be receiving my summons to appear as I have elected to have this matter heard in court.
It states:
Section 56 of the Justices Act 1886 requires these documents to served on you by registered post at your residential address. As a courtesy, a copy of the served documents will be forwarded to your postal address.
Justices Act 1886 - Sect 56
JUSTICES ACT 1886 - SECT 56 56 Service of summonses
56 Service of summonses
(1) A summons shall be properly served upon the person to whom it is directed if it is served in accordance with this subsection, that is to say—
(a) in the case of a summons directed to a person to appear to answer a complaint of a simple offence or breach of duty—by posting (by means of registered post) a copy thereof addressed to the person at the person's place of business or residence last known to the complainant at least 21 days before the date on which the defendant is, by the summons, required to appear; or
(b) in all cases (including the case referred to in paragraph (a)—by delivering a copy thereof to the person personally or, if the person cannot reasonably be found, by leaving a copy thereof with some person for the person at the person's usual place of business or residence or place of business or residence last known to the person who serves the summons.
Ok, thats all well and good, however I do not have a postal service to my residential address. How will they serve me my summons to my residential address by registered post? The documents sent to my postal address are just copies of the documents served upon me.
What if the documents never get to my residential address? And wind up in the nearest Post Office for 30 days? And get "Returned to Sender"? Do I have to attend court if I never receive the summons as per Section 56?
Has anyone ever taken on a case like this in court? There is no loss of points and I'm happy to wear the $900 fine, but a 5year Pre-Impoundment Notice scares the hell out of me!
The way I got into this situation is: (please bear with me)
I recently moved to a house in a suburb in which there is no Postal Service with Australia Post. I have a PO Box set up in the town where I work and I set up a Mail Redirection service from my old address to my PO Box. When I moved, I had to change my postal address with many agencies and one of which was the DTMR. I tried to change my details online, but was locked out after 3 unsuccessful attempts to log in. I made a phone call to the DTMR and requested to change the address on my licence.
The call centre attendant requested my new address that would appear on my licence, to which I gave him my residential address. He did not question if that was also my postal address and he did not request a postal address from me. I failed to advise him of my PO Box for reasons unknown (flustered after 3 attempts to log in online, long phone waiting queue, tired from a day at work).
Subsequently, I failed to receive a registration notice for one of my other cars. I failed to receive an overdue notice for that same car, it became un-registered and un-insured unbeknownst to me.
I then failed to receive a registration notice for the vehicle I was booked driving and I failed to receive an overdue notice for that same vehicle, as the DTMR did not have my Postal Address on file. They had my residential address.
2 vehicles are now un-registered and un-insured....
After some investigating, I learnt that any letters addressed to my residential address are held at the nearest towns Post Office (different town where my PO Box is located). The Post Office holds the letters for 30 days in a pile, and then "Returns to Sender". This occurred on 4 occasions for two of my motor vehicles.
The DTMR have my email address and phone number on file, yet no attempt is made to contact the registered owner regarding letters being sent back "Return to Sender". Australia Post makes no attempt to locate the correct mailing address, even though I had a PO Box at the next town 15klm away, and a Mail Redirection service set up from my previous address.
As I now understand, it is a courtesy by the DTMR to even send a renewal notice. It is always the registered operators responsibility to ensure the vehicle is registered. Regardless if the renewal notices were not received, that is not an excuse. I managed to eventually log onto the DTMR website to look at my personal details and it has two boxes, one for residential address and the other for Postal Address...If only I was able to log on that day, I wouldnt be in this situation...
The way I understand this is, a Type 2 Pre-Impoundment Notice can only exist if I am found guilty of both infringements, un-registered and un-insured.
The way the law is written, I could never be found Not Guilty for the un-registered infringement in Court. However the Un-Insured infringment notice is a little different it seems...
Namely Part 3 below taken from page 33 here:
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/M/MotorAccInsA94.pdf
20 Offence of driving uninsured vehicle etc.
(1) A person must not drive an uninsured motor vehicle on a road or in a public place.
Maximum penalty—80 penalty units.
(2) A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place.
Maximum penalty—80 penalty units.
(3) It is a defence to a charge of an offence against this section to prove that the defendant had reasonable grounds to believe and did believe the motor vehicle was an insured motor
vehicle.
(4) This section does not apply to a motor vehicle of a class exempted from its application by regulation.
(5) Also, this section does not apply to a motor vehicle to which a gratuitous CTP insurance policy under section 20A(2) relates.
So in this instance, do I have a leg to stand on under traffic law? I honestly believed the vehicle was insured. I had not received a notice to say otherwise.
If I am found Not-Guilty of driving Un-Insured, will the Type 2 Pre-Impoundment Notice go away?
Next interesting one, I have received a document from DTMR stating that I will be receiving my summons to appear as I have elected to have this matter heard in court.
It states:
Section 56 of the Justices Act 1886 requires these documents to served on you by registered post at your residential address. As a courtesy, a copy of the served documents will be forwarded to your postal address.
Justices Act 1886 - Sect 56
JUSTICES ACT 1886 - SECT 56 56 Service of summonses
56 Service of summonses
(1) A summons shall be properly served upon the person to whom it is directed if it is served in accordance with this subsection, that is to say—
(a) in the case of a summons directed to a person to appear to answer a complaint of a simple offence or breach of duty—by posting (by means of registered post) a copy thereof addressed to the person at the person's place of business or residence last known to the complainant at least 21 days before the date on which the defendant is, by the summons, required to appear; or
(b) in all cases (including the case referred to in paragraph (a)—by delivering a copy thereof to the person personally or, if the person cannot reasonably be found, by leaving a copy thereof with some person for the person at the person's usual place of business or residence or place of business or residence last known to the person who serves the summons.
Ok, thats all well and good, however I do not have a postal service to my residential address. How will they serve me my summons to my residential address by registered post? The documents sent to my postal address are just copies of the documents served upon me.
What if the documents never get to my residential address? And wind up in the nearest Post Office for 30 days? And get "Returned to Sender"? Do I have to attend court if I never receive the summons as per Section 56?
Has anyone ever taken on a case like this in court? There is no loss of points and I'm happy to wear the $900 fine, but a 5year Pre-Impoundment Notice scares the hell out of me!
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