• • • • Overview Unlicensed drivers are a chronic problem on our roads. Many have outstanding fines for driving offences or have lost their licence due to a prohibition resulting from high risk driving behaviour. It’s important to understand that unlicensed drivers breach the insurance of any vehicle they are driving. The consequences of driving without a valid driver’s licence are severe in this province. As a deterrent to individuals who continue to drive illegally, the consequences ramp up.
1st time – The first time police find you driving unlicensed, you will receive a violation ticket for driving without a valid driver’s licence. You will not be permitted to drive the vehicle any further on the road. 2nd time – When found a second time driving without a valid driver's licence, the notice on your driving record will inform the police that you have a previous 'No Driver’s Licence' conviction and state they will immediately impound the vehicle you are driving for seven days, whether it is owned by you or not. You will immediately be prohibited from driving. The driving prohibition period is indefinite – it will continue until you get a valid B.C.
Driver’s licence, meeting all other licensing requirements you may have had placed on you, such as paying any and all outstanding traffic fines. Subsequently: If you continue to operate a motor vehicle after being prohibited from driving, you will be charged with ‘Driving While Prohibited’ which is punishable by a $500 fine and up to six months in jail for a first offence. Drivers licensed outside B.C.
Visitors — You may drive in B.C. For up to six months if you hold a valid foreign or out-of-province driver’s licence. Any restrictions you have on your home licence also apply here in B.C. Visiting Student — You can drive for longer than six months, but must be registered full-time at a recognized institution and may need a vehicle permit. Visit any Driver Licensing Office for more information.
Victoria already has a stringent drink driving detection and penalty system involving substantial fines and mandatory licence suspension periods. Many offences for travelling without headlights or tail-lights occur during the twilight period when it is often difficult for drivers to determine whether their vehicle's lights are on. A driver's licence (or driver licence) is required in Australia before a person is permitted to drive a motor vehicle of any description on a road in Australia for.
Note: it is important to always carry and be able to show your Student ID card when asked to do so by a police. See for a list of qualifying institutions New Resident in B.C. — If you hold a valid driver's licence issued outside B.C., you may continue to drive using that licence for a maximum of 90 days.
After moving to B.C., it is best to apply for a B.C. Driver’s licence as soon as possible to give you enough time to meet any application requirements.
After 90 days, the out-of-province driver’s licence you hold will no longer be permitted. Go to Insurance Corporation of BC – – for information on driver’s licences. If you are licensed elsewhere, you must produce a valid driver’s licence at the request of the police. If a valid driver’s licence is not produced, you will immediately be issued a Notice of Driving Prohibition.
If a valid driver’s licence is produced, you should be allowed to continue on your way unless the police have evidence to suggest you should be holding a B.C. Driver’s licence. Requesting a Review of a Driving Prohibition for Driving while Unlicensed If you believe you should not have been identified as an unlicensed driver or that you have a reason to be exempt from the requirement to hold a valid B.C. Driver’s licence, you may submit your reasons to the Superintendent of Motor Vehicles. An adjudicator will consider this submission and compare it with your driving record. See page of this site for more information on the process. Resources • • Fines and Penalty Points for B.C.
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TRAFFIC OFFENCES AND POINTS CHAPTER 5 • • • • • • • • • The first specific term of reference for the Inquiry requires the Committee to report on whether: The number of demerit points for different offences is appropriate. This requires consideration of not only the demerit points values for current offences but also whether any other offences should be included or excluded. Possible options for consideration were obtained from submissions to the Inquiry and information on interstate and overseas schemes.
Before considering this topic in detail it is worth considering the overall subject of penalties as demerit points are but one component of the overall enforcement system. Other components include detection of offences, discretion in proceeding with offences, fines, Court-imposed penalties and automatic licence suspensions. The VicRoads submission stated that: The assessment of risk for different offences will inevitably be imprecise (because accident risk depends on multiple factors including road and traffic conditions, etc) and so the scale of weights is appropriately coarse. The Royal Automobile Club of Victoria (RACV) stated that the current level of fines and demerit points associated with each offence is inconsistent.
For example: Failing to 'Give Way' has the penalty of 3 demerit points and a $165 fine, while disregarding a 'Notice of Unroadworthiness' also has a 3 demerit points penalty but only a $135 fine. The RACV believes that all offences with the same demerit points should have the same fine, and recommended: Table 8 RACV Proposed Level of Fines and Demerit Points Demerit Points Lost Fine 4 points $220 3 points $165 2 points $135 1 point $105 Whilst this concept has some merit there may be some instances where the demerit points scale is too coarse and some differentiation in the financial penalty may be necessary for offences having the same demerit points penalty.
5.1.1 A risk engineering approach to determining penalties In their submission the Institution of Engineers proposed. The development of a computer expert system, based on accident severity levels coupled to an algorithm that assesses the probability of an event occurring.
The program would automatically determine the number of points to be awarded given certain infringement conditions. It would also be beneficial if a national system was introduced across all states for the sake of uniformity. The Institution also conducted a public seminar on the topic 'Demerit Points Scheme: Can the Risks be Engineered' on 2 May 1994 which showed how an engineering method used to assess the risk and outcomes of accidents in the aeronautical, nuclear and chemical industries can be applied to road safety initiatives.
The Committee noted that there appeared to be little quantitative evidence to support the level of penalty for one traffic offence relative to another. Relative penalties also appeared to vary significantly between jurisdictions. A rational method, linked to risk of both accident occurrence and severity, would assist in demonstrating the fairness and appropriateness of penalties and counter feeling that they are set by purely arbitrary means.
5.1. Autodesk 3Ds Max 2015 Crack Download. 2 Public awareness of penalties A demerit points system is specifically intended to act as a deterrent. Clearly for the system to act as a deterrent it must be well known. The evidence available shows there appears to be little knowledge of road law penalties. A VicRoads public opinion survey on 'Attitudes to Speed' in December 1991 asked respondents what the penalty would be if they were detected for travelling at 20 kph over the speed limit. Only 13% knew that the fine was $135 and only 10% were aware there was a fine and demerit points.
This lack of specific knowledge is not surprising and should be addressed at national level by the Federal Office of Road Safety and by VicRoads at State level. The Committee considers that VicRoads should take action to improve the publicity related to penalties for committing road safety offences and monitor this community education by regular public knowledge surveys.
(The specific issues of warning notices and demerit points scheme publicity are covered in Chapter 6.) URING THE COURSE OF THE INQUIRY 5.2.1 Background Traffic offences suggested to the Committee during the course of the Inquiry for possible inclusion in the demerit points scheme were: * Some drink driving offences; * Some parking offences; * Slow drivers; and * Use of mobile telephones in motor vehicles. 5.2.2 Drink driving offences In South Australia six demerit points are incurred for the offences of: * Driving under the influence of alcohol or drugs; * Blood alcohol concentration (BAC) of greater than 0.15%; and * Failure to supply a breath or blood sample. A BAC of 0.08 - 0.14% gives five demerit points and a BAC of less than 0.08% receives three demerit points. Western Australia allocates three demerit points for a BAC greater than 0.05%. The New South Wales Parliamentary Road Safety Committee (STAYSAFE) in a recent report has proposed that drink driving offences be included in the demerit points scheme and to apply in addition to the proposed periods of licence suspension. The recommended penalties are six demerit points for high range offences (greater than 0.15% BAC) and four demerit points for low and middle range BAC offences. Victoria already has a stringent drink driving detection and penalty system involving substantial fines and mandatory licence suspension periods.
Drivers with high blood alcohol levels and repeat offenders must go to Court and are required to undertake a drink driver education program before being relicensed. The Committee considered this process to be adequate and inclusion of these offences in a demerit points system unnecessary. 5.2.3 Parking offences The submission from the City of Keilor recommended that some safety related parking offences such as parking on clearways, double-parking near schools and parking too close to school crossings be included in the scheme. The City of Ballaarat proposed other offences such as parking across driveways. Incorrect parking can create hazardous situations. However, enforcement introduces the problem of owner-onus in identifying the driver. No other Australian jurisdiction includes parking offences and most schemes throughout the world only include 'moving vehicle' offences.
Given national harmonisation requirements the Committee therefore decided not to recommend inclusion of parking offences in the demerit points scheme. 5.2.4 Slow drivers The Marysville and District Tourist and Progress Association submission raised the issue of slow drivers not pulling over to allow others to pass. The Association suggested: 'Pull overs' with appropriate signage to inform drivers, when there are, say four cars behind them, they are obliged to pull over, at the next designated 'pull over' spot, with the added deterrent of demerit points, if drivers did not obey the sign directives. At the public hearings the Victoria Police were asked whether they had ever contemplated a new offence to deal with slow traffic. Assistant Commissioner Green replied that there was a brief for impeding traffic but a problem with many traffic laws was that they required subjective judgement. No other State includes such offences nor was there any reference to such offences in known overseas schemes. Legislation would only be of value if there were 'pull overs' for drivers to use.
Road authorities are constructing passing lanes on major rural roads and eventually shorter 'pull overs' are possible on the more hilly and mountainous roads. The Committee decided that whilst there were some problems the solution did not lie in including a slow driver offence in the demerit points scheme. However, the Committee acknowledges there is a safety issue which needs to be addressed by VicRoads and the Victorian Police. 5.2.5 Use of mobile telephones whilst driving When the national demerit points table was developed in 1989 the 'use of hand held communications equipment while driving' was a rare offence and limited to a few users of 2-way radios. The rapid expansion of car and mobile telephones has created a new situation and there is growing community concern about the road safety implications. The Committee considers that there are some differences in the likely effect on road safety of using 2-way radios compared to mobile telephones. It is a requirement that a telephone permanently fitted to a vehicle be equipped with a hands-free microphone.
There is however a growing practice of drivers using hand-held mobile telephones whilst driving. The Committee considers that using a hand-held mobile telephone whilst driving is not only likely to be more distracting but also means that driver would be steering the vehicle with one hand. The Committee decided that the offence of using a hand-held mobile communication device whilst driving should be divided into two offences. Firstly, if a driver is detected using a microphone of a two-way radio then the driver should incur only the current fine. Secondly, if a driver is apprehended using a hand-held mobile telephone whilst driving then that driver should incur the current fine and also incur three demerit points. 5.3.1 Background In 1988 a review of penalties for traffic infringement notice offences was undertaken by VicRoads.
This aimed to rank offences into four levels of severity. The draft was used in an interactive way in negotiations within Victoria and interstate. Generally the basic recommendations were followed. 5.3.2 Possibly increased demerit points In submissions to the Inquiry traffic offences suggested for possibly increased demerit points were: * Disregarding notice of unroadworthiness (currently 3 demerit points in Victoria); and * Travelling without headlights and tail-lights (1 demerit point). The Victorian Road Transport Association submission urged increased demerit points for both these offences because of the potentially greater consequences for heavy trucks.
However, in the case of unroadworthiness notices the Association incorrectly assumed the penalty was only one demerit point (instead of three demerit points). New South Wales, Queensland and Western Australia have two categories of unroadworthiness notice, the lesser (giving time to repair) incurring one demerit point and the more serious (not to use) three demerit points. Many offences for travelling without headlights or tail-lights occur during the twilight period when it is often difficult for drivers to determine whether their vehicle's lights are on.
The offences are usually not deliberate and hence the Committee concluded that the current penalty was appropriate. 5.3.3 Possibly reduced demerit points Traffic offences nominated to the Inquiry for possibly reduced demerit points, or even exclusion from the scheme, were: * Speeding offences; * Seat belts; * Minor signs; and * Following too closely. 5.4.1 Current penalties The current penalties for speeding in Victoria are: Table 9 Current Speeding Penalties In Victoria Speed in Excess of Fine Demerit Points Plus Automatic That Permitted Licence Suspension 1 km/h - 15 km/h $105 1 - 16 km/h - 29 km/h $165 3 - 30 km/h - 39 km/h $220 4 1 month 40 km/h - 44 km/h $300 4 4 months 45 km/h - 49 km/h $300 6 4 months 50 km/h or more $360 6 6 months In accordance with the national harmonisation agreement other States have a similar scale for demerit points, though Western Australia does not award demerit points for being 0-10 km/h over the limit. It should be noted that Victorian fines and automatic licence suspensions are generally more severe than in other States. The three-demerit points penalty in Victoria also includes the offences of excessive speed approaching an intersection or school or pedestrian crossing.
5.4.2 Royal Automobile Club of Victoria submission The Royal Automobile Club of Victoria (RACV) proposed the following new sliding scale of demerit points: Table 10 RACV Proposal For Demerit Points For Speeding Offences Exceeding Speed Limit Demerit Points By less than 10 km/h nil 10-19 km/h 1 20-29 km/h 2 30-39 km/h 3 40-44 km/h 4 45 km/h or more 6 This proposal was also supported by the Institution of Engineers Road Safety Committee. 5.4.3 Interstate motoring organisation views The Royal Automobile Club of Victoria also asked interstate motoring associations for their comment on demerit points schemes and in particular a more graduated scheme for speeding offences. The Royal Automobile Club of Western Australia supported a graduated scale with zero demerit points for exceeding the speed limit by a small margin. They have yet to formulate a view on the appropriate number of demerit points for exceeding the limit by a large margin.
The Royal Automobile Association of South Australia supports the existing graduated scale and believes that minor speeding offences should attract at least one demerit point. The Royal Automobile Club of Queensland supports zero demerit points for 'less than 10' speeding offences so long as a monetary penalty remains.
The National Roads and Motorists Association in New South Wales agrees in principle with the concept of a graduated scale but does not believe the Royal Automobile Club of Victoria's proposal is the optimum one. In order to deal equitably with drivers committing minor speeding offences a system of official cautions will be introduced by New South Wales Police in June 1994. The National Roads and Motorists Association believes this arrangement is preferable to zero demerit points for less than 10 km/h over the limit. In addition they suggest that the proposed band width of 40 - 44 km/h is too narrow. 5.4.4 Victoria Police The Victoria Police initially agreed in principle with the Royal Automobile Club of Victoria proposal but to avoid costly changes to their computer system they proposed amended demerit points for the existing speeding ranges, ie: Table 11 Victoria Police Proposal for Demerit Points for Speeding Offences Exceeding Speed Limit Demerit Points By less than 16 km/h nil 16-29 km/h 2 30-44 km/h 4 45 km/h or more 6 Subsequently the Police decided to support the status quo. 5.4.5 VicRoads At the public hearings and in a subsequent submission VicRoads reiterated their case for the retention of the one demerit point penalty for travelling up to 15 km/h over the speed limit.
The reasons for this support were stated to be that: * Modelling of the demerit points offence profiles shows that drivers are 20% less likely to incur a second offence than chance alone would predict; * The relative risk of an accident while travelling 10-15 km/h above the speed limit is 1.7 to 2.2 times the risk when observing the limit. This doubling is significant and the public should not be given the impression that these speeds are safe; * Recent Adelaide evidence which demonstrated significant increases in the likelihood of severe accidents (as discussed in paragraph 2.4.4); * Recently speed limits were reviewed and significant lengths of arterial roads have had the speed limit increased from 60 to 70 km/h. If the one demerit point offence was removed drivers would have to be recorded at 89 km/h before demerit points would be incurred. (This assumes detection by a speed camera where the vehicle is photographed at 89 km/h and a tolerance of -3 km/h is applied, ie. An 'alleged' speed of 86 km/h.) VicRoads does not believe that such changes are appropriate in a road safety sense; and * Removal of the one demerit point offence could also lead to further allegations that speed cameras were being used for revenue raising. 5.4.6 Federal Office of Road Safety The Federal Office of Road Safety supported the status quo, whilst giving some support for a 10-15 km/h range for the one demerit point offence rather than dropping the demerit point penalty for the entire 1-15 km/h range. 5.4.7 Possible cost savings The Committee noted that 88% of Traffic Camera Office speeding offences incur the one demerit point penalty and that some cost savings would be possible if the one demerit point was removed.
At the request of the Committee, VicRoads advised that the estimated savings were about $240 000 per annum with the largest savings coming from a substantial decrease in warning letters being sent to drivers and a decrease in telephone enquiries. The Victoria Police estimate net savings of about $40 000 but warn that removal of the one demerit point offence could cause confusion in the community. 5.4.8 Committee conclusions The Committee received significant evidence during the Inquiry about the increased accident severity associated with relatively minor increases in speeding over a particular speed limit. Traditionally, the setting of demerit points levels has been determined taking into account risk levels associated with speeding based on absolute kilometres per hour and to penalise those drivers who exceed these speed limits. The Committee is concerned however that this traditional approach does not fully take into account the risk level associated with a percentage increase in speeding: ie. Exceeding the speed limit by 15 km/h in a 60 km/h zone is a 25% increase whereas the same level of speeding in a 100 km/h zone is 15%. The speed limits for Victorian arterial roads are set using a sophisticated computer program (V-Limits program) and the expertise and knowledge of the relevant Government and local government agencies.
It is an ongoing process. Therefore if a particular road has a speed limit of 60 km/h it is because it has been determined that is the safest speed for that road. Exceeding that particular speed limit by 25% is clearly a high risk activity. This approach would therefore address the setting of demerit points based on the risk level and the potential severity level of exceeding the speed limit by a certain percentage rather than a certain number of kilometres per hour. This risk/severity level concept received some attention during the Inquiry and the Committee believes it is worthy of detailed examination. The Committee is of the opinion, however, that because of the national scheme it should be examined on a national basis by the Federal Office of Road Safety.