drink driving loop hole
 

Honest this is about a friend of a friend...

He is in Qld on a 457 vista from south Africa. As its a temp visa he is still driving on his South African licence. He was done for being 4 times over the limit.

Personally I believe h should loose is licence, loose his job and have to return to south africa, but that's just my opinion, BUT I seem to remember reading about a loop ole where is courts can only ban Australian licences and cannot stop a convicted driver using a foreign licence if on a temp visa.


Is this correct?

Re: drink driving loop hole
 

If "he's" been done four times for criminal offenses why has "he" not had "his" visa revoked?

Re: drink driving loop hole
 

No not 4 times drink driving... 1 Incident , 4 times over the limit

Re: drink driving loop hole
 

Ok, why then has he not had his visa revoked for being convicted of a criminal offence then?

Re: drink driving loop hole
 

Not been to court yet...

Re: drink driving loop hole
 

i hope there is no loop hole and he gets kicked out , selfish twat.

Re: drink driving loop hole
 

I agree. There is no excuse for drink driving, regardless of
nationality, visa and such like. Revoke his visa and kick him out!

Re: drink driving loop hole
 

Unless the person he hits whilst driving under the influence is someone he loves, then he can cry all the way to the airport/prison - take your pick.

They always do that dont they, drive whilst under the influence 'poor little me, cant get a taxi, must go out' then they get pulled over and they complain. I sincerely hope he is caught and kicked out.

Selfish shat mouth bastard.

Re: drink driving loop hole
 

So, what exactly was the point of your thread? Was it to point out a "loophole" for other 457 holders that they could behave like morons and drive 4 times over the legal limit but not lose their license? It reads to me like you're boasting about your "friend" doing something illegal and not suffering any consequences. How does advertising this supposed loophole help anyone?

I know of one poster here (:wave: Sam) whose husband was nearly killed by a drunk driver.

Plain ****ing infuriating!

Re: drink driving loop hole
 

I am not moralising about the case. He drank, he drove and he was caught. The original question was, can an australian court remove a froeign driving licence. When the visa hold is on a temp visa and does not need to get a Qld licence? Or can hey only deal with australian driving licences?

If you dont know.. then please dont reply with pointless moral judgments....


thanks.

Re: drink driving loop hole
 

The Queensland Transport website seems to imply that the courts can revoke a foreign licence;

When must I not drive in Queensland with my foreign driver licence?

'You must not drive in Queensland on your foreign driver licence if:

you have been disqualified from holding or obtaining a driver licence by an order of an Australian court'

See: http://www.tmr.qld.gov.au/Licensing/...l-drivers.aspx

Although I also found this: http://www.couriermail.com.au/news/q...-1111115401052

It may have been changed but I have no idea how to find out.

drink driving loop hole
 

I say derf, Dorothy is a thoroughly decent person, your friend, however, is a complete knob.

Please do not tell Dorothy where she can reply to posts and where she cannot, there's a good chap.

Re: drink driving loop hole
 

Yes i saw that web page , but interestingly it refers to speeding and demerit points. I will up date you all tomorrow after I hand out the out come of his court case.

Re: drink driving loop hole
 

We'll all be on the edge of our seats waiting for that one.

Re: drink driving loop hole
 

I disagree completely with Dorothy's stance and your support of it.

The OP stated his own opinion at the end of his opening question (which only one poster has had the decency to reply to properly without recourse to suggestions that HE is the perpetrator) that he also thinks the offender should loose all driving privileges, license and right to Visa.

We all, including the OP, agree that drink driving is abhorrent and that those who are found guilty as such should suffer the consequences, but play fair guys and don't shoot the messenger or jump on someone else's misguided and frankly insulting bandwagon.

Re: drink driving loop hole
 

Dorothy Female
Miserable old bag

Nice Guy Male
Resident Misery Guts

'nuf said!!

Re: drink driving loop hole
 

Site rule 1 possibly needs re reading :sneaky: Let's keep the personal remarks out of it. I'd say it seems fairly obvious that Dorothy misread the OP and didn't see the question mark. We've all done it at least once I should think.

Re: drink driving loop hole
 

whoa....all I have done is show their own Profile status.....I would NEVER in a million years suggest such a thing!! :) :) :)

Re: drink driving loop hole
 

Ooops! Shows how much notice I take of profile statuses :lol:

Re: drink driving loop hole
 

This is very interesting thing. I know lot of students driving on their driving license from their country of birth. No demrits normally.

Its hard to believe that Australia can revoke license issued by other country. Australian law can apply to the individual staying here. Not the license he carries.

Re: drink driving loop hole
 

I understood that [in NSW] where the RTA couldn't apply points to an overseas licence, they simply doubled the fine instead.

This may not be the case now however.


S

Re: drink driving loop hole
 

As a recipient of a couple of speeding tickets I can at least confirm what happens in NSW to a foreign driver.

I hold a UK driving license valid until 2024, Photocard license expired in June 2010. To own a motor vehicle in NSW I had to obtain a Reference Number from the RTA which then documents me on the system. I am unable to get a NSW driving license until I become a Permanent Resident (You can get a Temporary NSW Driving License which is valid for 1 year but there is neither a requirement or need to do this).
When I have had a 'momentary lapse of concentration' and gone above the speed limit the same thing has happened both times.
Stopped by the lovely NSW police. Asked to produce License, they took all UK license details and advised me of my likely fine. Each time I accepted their views, agreed that I need to show proper regard to the speed limit and was generally nice and respectful, the consequence of which was that each time they 'reduced the speed difference at their discretion due to my cooperation'.
They did not give me any demerit points and did not increase my fine, but, if and when I apply for a full NSW driving license I MAY have any points that would of been extant transferred to my new NSW license. Makes sense to me.

Re: drink driving loop hole
 

Yes, this is certainly the case - A friend of mine drove with gay abandon on his UK licence while on a 457, but had to obtain a NSW licence in order to get a parking permit for his street. When he got it, he discovered that his licence already came with 11 points, and he had to be very careful so as not to lose it.


S

Re: drink driving loop hole
 

They used to physically take your 'home' driving licence away from you and/or destroy it when you got an Aus one so it wouldn't surprise me if they can revoke it now for driving offences in the same way they can with an Aus one.

Re: drink driving loop hole
 

That question is the basis of my original question. Can a Australian court ban a foreign licence. I will let you know the results of the case. He is currently in court, but should be out soon.

Re: drink driving loop hole
 

But a 457 visa is temp, so you dont need to get an Australian licence.

Re: drink driving loop hole
 

So no loophole then. :rolleyes:

Let's see what the court does.

Re: drink driving loop hole
 

well...if only they used my option, get a reference number instead and get a street permit that way. That's how I got one when I lived in Manly.

But often its whoever you front up to at the RTA who can advise (and I use that word extremely loosely in that context!!) you as to waht you can and can't do.

My big tip for anyone dealing with the RTA office is do all your research first online on their website, make sure you have all your references and copies of what their own web page states and THEN go into the office.

I am sure they are all nice people and do their best, but the confliction in their understanding of their own rules is staggering!!

Re: drink driving loop hole
 

I know. :confused: I didn't say you (general) did.

Re: drink driving loop hole
 

No. RTA never take my home license away. How can they destroy a legal document issued by another republic? As far as I know the license can only be destroy by the authority who issue it or by the courts of the relevant country.

Re: drink driving loop hole
 

I said they used to. I didn't say it was legal either but they did it and got away with it for the most part.

Re: drink driving loop hole
 

Well.....if a document has been used to perpetrate or provide access to a crime then I see no reason why any government can not seize that document irregardless of who issued it. People have to surrender passports so why not driving licences?
As long as it is not destroyed and is returned to its authorised owner, be that the individual or the issuing authority, then I reckon there is a way of doing it.
Only my opinion of course!

Re: drink driving loop hole
 

:)
Passport always used to travel to other countries. Driving license to drive in the same country generally. Of course they can ask to surrender the DL. Its very hard to believe how Australia can cancel a DL of other country?:confused:

Re: drink driving loop hole
 

They used to punch a hole through it in NSW, so that it couldn't be used here again. I believe that there was some legal issue with this, as they had stopped doing it when I got mine transferred, and just gave my UK one back.

I have made sure that my UK one is up to date. I prefer my UK one, especially for driving overseas, as it allows access to a range of vehicles that my Aussie one doesn't.


S

Re: drink driving loop hole
 

They don't have to cancel the licence, just revoke your right to drive within Australia on it.

Re: drink driving loop hole
 

Think the key might be

"You must not drive in Queensland on your foreign driver licence if you have been disqualified from holding or obtaining a driver licence by an order of an Australian court'

So the aus court can ban him from holding/obtaining an aus licence (now or for duration of the ban) and such a ban prevents him using his uk licence here not that they take the uk one away

BTW if you had a speeding fine on a uk licence as a 457 holder how do you know if you have points on your QLD licence when you get it? Its an old style silly piece of plastic with no space to show current points held. Not me but someone close to me........

Re: drink driving loop hole
 

It's LICENCE not LICENSE

PS. One of my pet hates!!!!

Re: drink driving loop hole
 

Indeed.

LICENSE is a verb.

LICENCE is a noun.

LICE SENSE is knowing how to eradicate lice.

:)

Re: drink driving loop hole
 

Not got all the details yet, but he is off the road. BUT for 4 times over the limit you get a 2 month ban! At that rate who needs a loop hole?

drink driving loop hole
 

Quid pro quo

paddyo Male
Avatar = 3 Phallic symbols of various sizes

'nuf said!!

Ditto, except I used the avatar instead :) :) :)