Life in the fast lane is a risk
Punishment does not fit the crime if you are an L Plater or P plater who is guilty of a minor speeding offence.
Principal solicitor at Nott and Co Lawyers, Mr Mathew Nott, said L and P platers risk their licence and maybe their jobs if they are caught going over the limit.
“There is a case to be made for law reform as we need to focus on educating our learning drivers, not punishing them,” Mr Nott said.
“We had a case recently involving a 19-year-old first year apprentice who had his job, his trade education and a shared mortgage with his dad put at risk for going just 7km/hr over the speed limit,” Mr Mathew Nott said.
“The “speeding” occurred on a sunny Sunday morning in suburban Sydney at 7.30am without another car in sight.
“His boss submitted to the Court that without his license, our client would lose his apprenticeship.
“The Magistrate dismissed the charge on this occasion given our client’s good record but it could easily have gone the other way if he was unrepresented.“
Demerit points unfair
Learner, P1 and P2 drivers who exceed the speed limit by 10km/hr or less cop four demerit points, which is all the total points they have on their licence.
A three-month licence suspension and a $124 fine follows unless they contest the matter in Court. If they do elect to go to Court, the fines and suspensions can be increased by the Magistrate.
On the other hand, an unrestricted driver who is guilty of the same offence only gets one demerit point but a stiffer fine of $369.
“We are not saying that learner and provisional drivers should avoid punishment,” Mr Nott, said.
“But why should young drivers lose their licence when the holders of an unrestricted licence don’t?”
“The demerit points for speeding for L and P platers should be reduced.
“They keep their licences and be made to undergo learning through courses such as the Traffic Offenders Rehabilitation Program.”
Reform needed
Mr Nott proposed that instead of license suspension for minor speeding offences, the law should be amended to reduce the demerit points to 2 for L and P platers who were guilty of such infringements.
This program costs $170, takes the best part of a day, and is highly regarded by the Courts.
“Such an approach will produce a better class of driver, one more educated as to their responsibilities on the road and thankful for being given a second chance,” Mr Nott said.
“It will certainly prove more beneficial than the punitive and discriminatory three-month suspension they currently receive.”
Alternately, the L and P plate license could be loaded with six points when it is issued, instead of four, so that one minor mishap does not result in loss of licence.
If you have been caught speeding, contact mathew@nottcolaw.com.au for a free consultation.
