I would like to share with you a situation that I have just been through. Long story short, I was caught by a Police vehicle mounted number plate recognition camera, driving my daily driver unregistered and uninsured. It was 45 days overdue. Qld has only recently shifted across to removing Registration Stickers from car windows and as such you can get caught out if you rely on that as your visual reminder. I had not received my initial renewal notice nor my overdue notice and as such, having 5 vehicle registrations it has been missed and has gone un-paid.
The responsibility is on yourself, the operator of the vehicle to ensure that it is a registered and (CTP) insured vehicle. If you receive a renewal notice, there is a pamphlet inside which explains you can check your rego via the DTMR website or download a Rego Check app for your smartphone.
I was issued with 2 infringement notices $292 for un-registered, $497 for un-insured. I was obviously still paying my comprehensive insurance, however in Qld CTP insurance forms part of your registration renewal. I was also issued with a Type 2 Pre-Impoundment Notice valid for 5 years as part of the Anti-Hooning laws.
Basically, if I am caught driving unregistered and uninsured, unlicensed, high range drink driving, 40kph over the speed limit OR drive a modified vehicle not in compliance with the safety standards, the car I am operating is impounded there and then for 7 days, if I am caught again, the car is impounded for 3 months, final strike within 5 years and it is seized.
This really concerns me as the officer on the side of the road is able to be the judge jury and executioner in making the decision on if that modification is not in compliance with the safety standards. Does that include mag wheels? An aftermarket air filter? Its very open ended and down to office discretion.
I did not receive my registration renewal and overdue notices for 2 of my cars purely because there is no postal service where I live, I have a PO Box set up in town and also a Mail redirection service from my old address to my PO Box.
However when I first moved house in Dec 2015, I attempted to log onto the DTMR website to change my details, however I was locked out from too many unsuccessful attempts, so I called the DTMR call centre and advised that I had just moved house, I was asked what my new address was and I advised my physical address. Perhaps I was flustered from waiting on hold for 20mins or cranky from not being able to log onto the website, but I failed to advise the DTMR of my Postal Address, a PO Box in town…
After that call I continued on with my life, changing my address details with about 20 other institutions as you do. Feb 2016 my little red car’s rego became expired, and in August 2016 my daily driver’s rego became expired.
After this incident, I put in a RTI request for the phone conversation I had with the DTMR and also the procedures handbook for how the DTMR handle a change of address request via the phone. Sure enough, I did not advise of my PO BOX, however the call centre did not follow procedure and confirm that the address I gave was also my postal address. Its written in caps lock bold red text….. So its obviously important….
I decided to take the matter to court to explain the situation, it was non-intentional and there were mitigating circumstances as to why I did not receive a renewal notice. I have not had an infringement for over 10yrs. And I was hoping to avoid the 5yr Type 2 Pre-Impoundment Notice hanging over my head….
I had sought legal advice from 3 different lawyers, but was quoted between $8800 and $5500 for representation so decided to go it alone. The DTMR flew up from Brisbane their Senior Principal Prosecutor, and the 2 police officers were called as witnesses.
The Magistrate asked me if I knew what the penalties were for these charges if I was convicted. I was under the impression it as just the $292 and $497 from the original infringement and court costs, but as it turned out I had to cover the costs of the Prosecutor’s time and travel from Brisbane, Court Costs and also 80 penalty units per charge……
So 160 penalty units in total. 1 Penalty Unit is worth $121.90, so a total penalty of $19,504 plus $1500 for the prosecutor plus $89 for court costs………… Almost $22,000.... I couldn’t believe it….. At that point I had to change my plea to guilty as I knew I would be found guilty for the unregistered charge as the law is written in a fashion that you have no defence. The uninsured charge does give you the ability to defend yourself however I couldn’t risk a possible $10,000 fine…..
So I did not get the chance to explain the situation or why I was in the position I was in… I was a bit disappointed about that in the end…. The magistrate handed down a $2000 fine and sent me on my way…
I spoke with the Prosecutor afterwards and he explained that I would never have won at all, and it would have set a precedent if I had of been found not guilty. He did say that if by some magic stroke of luck that I was found not guilty he would have appealed it until I was found guilty.
Long story….. but guys check your rego status. Set a reminder in your calendar of your phone with a reminder for the renewal date. Its no excuse if you don’t receive it, its your responsibility to ensure its up to date no matter what the circumstances. I admit I was driving the car, it was unregistered and uninsured, I am just so concerned about having my car impounded over the next 5yrs…….
I actually found one of my overdue notices sitting in a pile of letters at the post office nearest to where I live, but not where my PO Box is set up. They sit the letters in a neat little pile for 30 days, and then return them to sender. Its a shame as both Aust Post and DTMR have my email address and phone number. But no one makes any effort to unite the letters with their addressee. If I had a PO Box set up at that particular post office then they may have just slipped into the box.
Edited by hanra, 21 June 2017 - 10:51 AM.
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