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QLD Traffic Law - Should Friend Dispute Enforcement Order?

Discussion in 'Traffic Law Forum' started by procrastinasian, 18 August 2016.

  1. procrastinasian

    procrastinasian Well-Known Member

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    Hi I just wanted people's thoughts who may have dealt with this.

    A classmate received an enforcement order for driving without car insurance (she got the wrong insurance Comprehensive instead of CTP) and without rego.

    However, she applied to dispute the charges via mail because she didn't know that she was uninsured. She just bought the wrong insurance. She never received a response back from the court since then so assumed that they were not pursuing it further.

    I speculate, that maybe when she posted, it was received past her due date to argue the offence. But like I said, no response was made regarding that matter.

    Is it an appropriate action to dispute the traffic law enforcement order? Or is she too late to deal with it and should just pay?
     
  2. Sophea

    Sophea Well-Known Member

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    But the car wasn't even registered. Surely she would have known that. If she tried to register it - the issue of the CTP insurance would have come up and she would have realised that she didn't have the correct insurance. I don't think a dispute would be successful.
     
  3. procrastinasian

    procrastinasian Well-Known Member

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    Hi Sophea,

    Thank you so much for engaging me in this discussion. I agree that the ticket for railing to hold rego for the car would probably still remain in force.

    However, out of curiosity, wouldn't the specific insurance offence under s20 MAIA be a reasonable defence?

    If she is under the guidance of insurance brokers on what to purchase and they provided her with the wrong type, I think it is a reasonable defence under 20(3) below.


    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.
     
  4. Sophea

    Sophea Well-Known Member

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    Admittedly I don't know the whole story here - how the car was acquired, how its registration expired or whatever, but how do you not know your car is not registered? If she attempted to register she would know she didn't hold the requisite insurance. You can always try the defence though.
     
  5. procrastinasian

    procrastinasian Well-Known Member

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    She's like me. A law student on student visa in Australia.

    I think what happened is that she purchased the car as a private sale from a previous owner and the car initially had rego from the previous owner, but then it expired. Typically, the rego reminder to my understanding is mailed to you so maybe it was lost in the mail. It is not uncommon for students to change residences often.

    Anyway, from my research. If you drive without rego, you are pretty much screwed regardless of whether or not you were not informed to renew, or it was late in the mail, etc.

    However, for the insurance issue, I wonder if it is worth going to Magistrates and just saying your case as a new person in the country being advised to take "compo insurance" and taking comprehensive instead of compulsory.
     

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