Red P-Plate (P1) Caught Speeding Twice in a Week, What to Do?

My friend's daughter was caught by a camera for exceeding under 10km/h. In NSW it is an automatic 3-month suspension for a P1 holder.

Before even receiving her first fine she was caught by a camera again for exceeding under 10km/h, this time in a school zone. The fines were issued to her parents since it was their cars. They have nominated her as the offender for the first fine but are hesitating about nominating her for the second, depending if the suspensions will be served consecutively or concurrently.

Does anyone know the answer?

Comments

    • +4

      Paying the fine is not admission of a crime.

  • +12

    Concurrent unless ordered by court.

    https://www.judcom.nsw.gov.au/publications/benchbks/local/Ro….

    Speeding in a school zone…sigh…

  • +17

    Unpopular view.

    I wouldn't take the rap for other crimes for my kids, but I'd probably take the fines for <10kmh over if it means my kid can avoid a suspension.

    The 2nd one came before they learned of their mistake (1st). So I'll give them the benefit of the doubt.

    But I wouldn't do again it in future.

    I'm sure most people would (and also speed themselves) but won't publicly acknowledge it.

    • +29

      I lost my license when I was 18, my parents just called me an idiot and took my keys. Fortunately they still dropped me off at the bus stop to get to uni (by the end of the 3 months my dad even felt enough pity to drop me off at university on his way to work). It was a good lesson.

      I wouldn't give them the benefit of the doubt at all when their second time was in a school zone. It's not like they didn't know they shouldn't speed.

      • +4

        Maybe I have a soft spot for my kids (but don't spoil them).

        The second time they got caught was before they found out about the 1st, so I'll excuse them for that. I'm sure they will learn. Going forward, they're on their own.

        Anyway, I've done some dumb shit when I was younger and there were less speed camera's around. After some speeding fines, I've learned my lesson.

        I'm sure my parents would have taken the rap too but I'm not an entitled little shit.

        • +1

          Maybe I have a soft spot for my kids (but don't spoil them)

          ok kids, are you ready for your daily beating?

    • and also speed themselves) but won't publicly acknowledge it.

      I got pulled over for speeding last month, told plenty of people about it lol

    • +2

      My parents would have just laughed at me and said "well that will teach you to drive safely". My parents would have happily protected me from many things but the consequences of something like this isn't one of them.

    • I wouldn't take the rap for other crimes for my kids, but I'd probably take the fines for <10kmh over if it means my kid can avoid a suspension.

      I'd probably do the same, especially in this case where she got the second fine before even knowing about the first. A little unfair imho.

      She would definitely be paying for both though.

      • +1

        Not unfair at all, just shows she speeds on the regular enough for this to happen - its not like the lesson should be avoid getting caught for speeding. I think kids should get the suspension as I'd worry they're a danger to themselves.

        • I just mean it's hard to learn your lesson when you didn't even know about your error yet.

  • +2

    As per: https://www.nsw.gov.au/driving-boating-and-transport/demerit… My take from that is just 3 months. Then the second one starts another 3 month (concurrently). Would confirm with legal advice or transport dept if "ban" is from the incident date.

    • The suspension is from the date they notify you, it's not an immediate suspension from the date of the incident.

      As it's a suspension for exceeding demerit point limit, they send you a notice letting you know from xyz date (usually 28 days from the payment of fine) that you are suspended for 3 months.

      • Yeah different in each state.

  • +8

    The second will be flagged and the photos looked at, the parents will get a letter.

    Nominate for both or none.

    • +4

      So are you suggesting that closer scrutiny will be placed on the second fine since a P1 was nominated for the first fine?

      • Sure. Yes

      • +2

        I doubt this very much.

        It isn't really possible to positively identify a driver via a speed camera photo, it hard to tell who it is even when it's your own family member lol

        If the police could just look at the picture and identify the driver there would be no reason to ask the vehicle owner to nominate the driver in the first place.

  • A simple anonymous phone call could clear this up with out the absolute (deserved) ribbing your getting.

  • +1

    I have tried to find the answer for your enquiry but can't find it, thus I ChatGPT it:

    As of my last knowledge update in September 2021, the penalties and regulations for traffic offenses in New South Wales (NSW), Australia, could result in a suspension of a P1 (provisional) driver's license for certain offenses. However, specific details regarding the enforcement and interpretation of these regulations may change over time.

    Typically, when a driver incurs multiple offenses that would lead to a suspension of their license, the suspensions are served consecutively, one after the other. This means that the driver would serve the suspension for the first offense, and then the suspension for the second offense would begin after the first suspension has ended.

    To get the most accurate and up-to-date information regarding your friend's daughter's situation, it is advisable to contact the Roads and Maritime Services (RMS) or the relevant authority responsible for driver licensing in NSW. They can provide information on the current regulations and how these suspensions would be applied in her specific case. Laws and regulations related to traffic offenses can change, so it's important to seek information from the official sources to ensure accuracy.

    • …offenses…

      If ChatGPT is the new world order, shouldn't it realise which country / language it is being used from, and use the appropriate spellings?

      • +3

        Agreed, but look how many people here use 'license' as a noun.

        • -1

          Absolutely. Look how many people don't know the difference between "then" and "than", "your" and "you're", "they're" etc. You'll realise how uneducated the average person is :(

          • +1

            @DiscountForThee: Their, there, they’re really gets me

          • +2

            @DiscountForThee:

            You'll realise how uneducated the average person is :(

            And then you realise that 'average' means that pretty much half of the population is less educated than that.

    • You should try Bing and Bard… This "September 2021" is no longer acceptable…

      • ok, I just made aware of Google's Bard, here is its answer (pretty much the same):

        The suspensions will be served consecutively. This means that she will have to wait until the first 3-month suspension is over before she can start serving the second 3-month suspension.

        The reason for this is that the second offence was committed while she was already disqualified from driving. In NSW, if you are disqualified from driving, you are not allowed to drive at all, even in a school zone.

        The penalties for speeding in a school zone are the same as for speeding in any other area, but there is an additional penalty of 3 demerit points. P1 drivers are only allowed to accumulate 4 demerit points in a 3-year period, so the second offence would have also resulted in her licence being suspended even if it had not been committed in a school zone.

        Your friend's daughter should contact the Roads and Maritime Services (RMS) to find out more about the implications of her suspensions and how she can get her licence back.

        Here are some additional things to keep in mind:

        The RMS may also impose other penalties, such as a fine or community service.
        If your friend's daughter is convicted of a speeding offence, she may also have to attend a driver education course.
        She will need to reapply for her licence once the suspensions are over.
        I hope this helps.

        • I meant in general, not for this particular questions. I just find a bit frustrating the "September 2021" alert when everything is available today. :)

          • @this is us: Yes it does appears in most answers, especially those that are subject to change or recent.

        • The error with this is they were not disqualified when they committed the second offence. Receiving a fine and being aware it will result in disqualification and being disqualified are not the same thing. So even if she'd received the first fine before committing the second offence it still wouldn't be valid. The disqualification begins when they are sent a disqualification notice which is generally a month or so after paying the offence as it isn't until this time that the identity of the driver is 100% confirmed, especially for one that's generated from a camera. In this instance they weren't even aware of the first one let alone received it by the time the second offence was committed.

          As an example when I was on my P's I was caught speeding and the officer handed me the ticket and advised I would be receiving a 3 month license suspension in the mail in 4-6 weeks. The following week I was caught doing 7km over (thought I was doing 3km under, got the speed limit wrong) and advised the same thing. Several weeks later I received a single suspension notice for 3 months which I served. This was 34 years ago though……

  • -4

    If she was doing some hectic speed or something totally reckless, then maybe let her learn a lesson by losing her licence. But these <10km/h 'speeding' fines are purely revenue-raisers. If I was the parent, I would've just asked her to pay (or at least contribute to) both fines under my name.

    At that age, having no licence isn't going to stop her from going out. I would prefer she able to drive herself somewhere (especially at night) rather than having to get into an uber, taxi or travel on public transport more often than she had to.

    • +2

      Have a thumbs up to counter all the government cultists. :)

      But yeah fair question and as usual the OP leaves out the relevant details, what does speeding less that 10km/h mean? Was she 1K over or 9K's over. Either way, hardly dangerous but great for the government's bottom line.

      • +3

        what does speeding less that 10km/h mean?

        This language is used because there can't be a defined minimum amount-over-the-limit for a speeding offence. If there was, the actual speed limit would be the posted limit, plus the minimum amount. So they say "up to 10km/h over the limit" and practically only enforce the upper end of that. Nobody is getting a fine for 1km/h over the limit. 50 in a 40 school zone, on the other hand, is substantial.

        • +3

          It's not just the upper end.

          In Victoria, the margin of error is 2km/h (or 3km/h?).

          So if you're doing 43km/h in a 40 zone, 43km/h would be your "alleged" speed, but the fine gets issued for doing 41km/h.

          If you're doing 41km/h, then a fine wouldn't be issued because they'll take into account the 2km/h margin of error and your speed becomes 39km/h - which is under the limit.

          At those speeds and with such a tight tolerance, a slight touch of the pedal can mean the difference of being under or 'just over' the speed limit.

          • @bobbified: Skill issue . Hand in your licence if you can't control a car.

            • +3

              @Drpepper666: Just pointing out the facts - how many people do you know can keep their vehicle at a constant speed +/- 2km/h?

              • +3

                @bobbified: I don't think you understand what a speed limit is.

                • +1

                  @Drpepper666: I don't know how old you are, but when I was taught how to drive before, they told us that, on a clear sunny day where visibility is good, we should be driving as close the speed limit as possible. This was hammered into us because we could fail the driving test if we were driving too slow for no reason.

                  Also, they may call it the speed "limit", but they often set it as the speed that 80% of the population drives at naturally so most people would be at or close to that speed. In a lot of cases, they drop it even further and call it the "limit".

                  • @bobbified: So what's your point? The issue is that there were rules in place. She obviously was aware of the rules but slipped up, twice. The punishment isn't severe, but hopefully it should teach her a lesson.

                    As to your comment about driving as close to the speed limit as possible, you're forgetting one thing at the end… What they actually teach is to "drive as close to the speed limit as possible, without exceeding it."

          • @bobbified: In Victoria, the margin is 2km/h for permanent cameras, and 3km/h for police operated cameras.

            I use the same guidelines in NSW, but I have also checked my speedo against GPS and found my car is usually 2km/h slower than as shown on speedo.

            If I'm near a speed camera, I turn on cruise control - no fine in the last 5 years.

    • If you going to excuse speeding in a school zone, even by not more than 10km/hr, you are an idiot.

  • +4

    It’s an expensive lesson to learn, but parents shouldn’t encourage a child to avoid consequences.

    FWIW this is one reason I don’t agree with speed cameras. You get no immediate consequence and can rack up a couple of fines before you get a chance to correct your ways. A cooper standing beside your door immediately after exceeding mg the speed limit is a much more effective deterrent.

    My kid recently got an expensive lesson. Cost most of the wage earnt while they earned a parking fine - where multiple other cars were parked illegally.

    • +19

      A cooper standing beside your door..

      Especially if you have been barrelling along.

  • +5

    Negligent driving while on Red P, which is within 12 months from the date she received her driver license. Unacceptable.

    If her parents help her with the fine, she will get the message as "It's all good. My parents will sort it out and if speed again in the future" -> Never learn the lesson

    My recommendation: She needs to responsible for her actions and be careful in the future. Bus and Train for a few months and all sorted :)

  • +7

    Nominate for both and get her driving lessons. Driving at the limit isn't hard, I don't understand why people can't do it especially people who have got their P plates so you would think all the education is still fresh in their minds. Graduating to a full licence doesn't automatically mean you get to run amok and that's the lesson she needs to learn.

  • +4

    Go through the obituaries page in the paper and nominate one of them as the driver

  • +2

    nominate and let her learn… that’s ridiculous to keep doing that 🤷‍♂️

  • +4

    Asking for a mate wink wink

  • +5

    If they love her, let her learn the lesson or end up scraping her remains from a road somewhere in the future.

    She is at the exact age where this is important.

    I can tell you from experience that this is the right way to go.

    • +2

      Sorry for your loss.

      • Thanks

  • +8

    The answer is she deserves to have her licence revoked so she will learn from the consequences of her mistakes.

    Far better she learn that now instead of having kids through her front window next time she's casually speeding through a school zone.

  • Those who don’t learn from history, often repeat it…..

  • +2

    LOL… In a school zone as well.

    Hope they throw the book at her.

    What to do? Taker her car off her and buy her a nice pair of shoes for walking.

  • +1

    Asking for a friend “daughter”?

    Or

    Asking for a “friend” daughter?

    • Or

      Asking for a “friend”?

  • +2

    Buy her a new iPhone so she feels better about being caught speeding.

  • +12

    A friend wrote in for their daughter saying it was them driving instead.
    Not long after they got a letter to confirm who was driving and it is an offence to give false information and would they like to confirm the nominated person was driving.
    Giving false information is a crime and can lead to further charges was also mentioned.

    Basically said we know you are lying and you got a second chance to nominate the correct driver.

    • +1

      To be fair, the OP is not suggesting this. The fine went to the parents. They could just pay it. AFAIK there is no legal requirement to nominate the driver.

      • +4

        To be fair, the OP is not suggesting this.

        But:

        They have nominated her as the offender for the first fine but are hesitating about nominating her for the second

        And:

        ROAD TRANSPORT ACT 2013 - SECT 186

        "(1) A person who—
        (a) is issued with a penalty notice or a court attendance notice in respect of a camera recorded offence, and
        (b) was not the driver of the vehicle to which the offence relates at the time the offence occurred,
        must, within 21 days after the issue of the notice, supply by relevant nomination document to the authorised officer under section 195 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the nomination details of the person who was in charge of the vehicle at the time the offence occurred."

        • +1

          Well I guess its pretty cut and dry then. Gotta nominate the driver OP.

          • @djsweet: Given how long it takes to get these fines, it's perfectly reasonable to 'not remember' who was driving at the time.

  • +1

    Oh ffs….

  • If she's got a licensed grand parent who doesn't drive anymore - nominate them. ;)

  • +3

    Buy her a pony. Problem solved.

  • Its probably the harsh lesson she needs. Long time might be beneficial.

  • +2

    Someone needs to learn the hard way.

    No car for 3+ months seems fair.

  • +4

    When I was a 15, in a time and country far away, I lived rural and had been driving farm vehicles for years. My mother knew I could operate a vehicle safely so allowed me to take the car and visit my girlfriend, a few towns away. The deal was that if I got caught, I did NOT have permission to do so.

    Obviously, I got caught and was driven home and the first question the cops asked my mother was 'did you know?'. 'No!', she said, feigning a look of shock and disappointment, thus ensuring I alone wore the consequences for my actions. Took me all summer to pay off the fine.

    You wouldn't do that kind of thing nowadays, I sure as shit wouldn't let my kids do that…but my mum was pretty cool.

  • +3

    If your "friend" illegally nominates themselves as the driver the red P-Plates will be obvious in the speed camera photos of the vehicle. Probably not the smartest course of action.

    I have 2 kids that were recently on their Ps and IMO they are young adults and need to behave as such rather than have their parents bail them out all the time.

    Maybe the time spent on public transport will give your "friend's" daughter a chance to contemplate her actions.

    • Good point! Now waiting for the plot twist that the daughter wasn't displaying her P plates either…

  • +3

    Look up the wiki for Justice Marcus Einfeld, and go down to where it says "Criminal conviction".

    Judges even jail other judges who engage in conspiracies to get out of traffic fines. He served 2 years.

  • Tell your friends to cover for her these two times, and then any future times until the day she actually hits someone and hurts them. Then she might learn. But until then, yeah let’s just keep “protecting” her from the fines.

    /s

  • +11

    Ozbargain; the home of Australia's top drivers who never go 5km over the speed limit.

    • +1

      Where ru? Around here people sit around 20km/h UNDER the speed limit. No matter 70 zone or 50.
      5km over the speed limit is 25k faster than the average driver…

      • I am one of those who sit 20km under because it take 2weeks for my diesel landcruiser to get my terminal velocity (100km)

    • If that's what you get out of this, then you missed the mark.

      It's not about the speeding, it's about accepting responsibility for your actions.

      • +1

        I'd have to get down off my high horse before I accept my actions.

  • +2

    Automatic loss of license for the first so she might as well take the second as it will reset in 3 months - she will cop a 3 month suspension

  • -3

    HOW MUCH THE FINES?

    DO SHE DRIVE A MANUAL

  • "Before even receiving her first fine she was caught by a camera again for exceeding under 10km/h, this time in a school zone."

    I've heard of people arguing this before and as a result only getting the one fine. That was over 10y ago tho.

    • The argument you're referring to only applies to getting multiple fines from the same camera within a short period (like every day for a week), prior to the first fine arriving. The argument was about driver not having been given the opportunity to correct their
      behaviour. The first fine stood and the rest were often cancelled.

      The case in this thread is about someone getting caught twice by two different cameras in different areas.

  • Get her to play driving video games so she can develop some fine coordination skills.

    • +1

      Do it while driving and you double up on the training in half the time!

  • Hmm, wouldn't nominate the "parents" as these things have a habit of surfacing. Eg, parent gets a speeding fine, thinks they are going to lose points and then gets a suspension. That's going to cost several thousand or a court visit for a work license. May even affect all of their insurances. Don't think it's a big deal to get suspended. E.g getting their license at 21 instead of 20 or simliar. Tbh kind of have nightmares about how I used to drive at that age.

  • Just get her to nominate her parents, at the rate she is going, the whole family will be out of points by the 3 months, so they can all walk.
    Maybe the siblings could do with some walking too.

  • Some kids learn the easy way, others the hard way. Just accept the consequences, a suspension will do them good.

  • Don't break the law by making a false claim. If the fine infringement was caught on camera then likely the photo shows the driver. I you get caught you can get imprisoned….. even you are a magistrate.

  • Unless it’s changed since I was a P plater, pay both fines at the same time. I had concurrent 3 month suspensions.
    I got two on the same trip home in school zones (42 and 44 km/h) at 2:02, and 2:10. That was an expensive slurpee detour.

  • Tell her to get rid of the lead foot!

  • +1

    "my friends daughter" = my daughter

  • +13

    In all states where an infringement notice is issued for a traffic offence that incurs demerit points those points are not allocated to the licence until the offence has been finalised in law. This means it is finalused on the date of payment of the fine but the demerit points are allocated back to the date of the offence and those points affect the type of licence that was held on the date of the offence. That is if you were on a P licence on the date of the offence but have subsequently upgraded to an O licence you could still ve subject to the P suspension points limit as that was the licence held on the dats of the offence.if you elected to gave the infringement heard in court, it is finalized on the date the Magistrate gives his guilty verdict. The effective date for allocating the demerit points will still be backdated to the date of the offence and the effect of those points will be according to the type of licence held on the offence date. Once the infringement has been finalised in law and the points have been allocated effective the date of the offence, the lic3nsing authority will tske necessary enforement action against the licence. If the number of points puts you over the limit for the type of licence held on the offence date, they will issue a notice of suspension advising that your licence will be suspended for the designated period commencing from normally 28 days from the date of the notice. The letter will also advise if you have any options regarding obtaining a restricted licence for the suspension period because of essential work, school or sick relative. This is not an automatic option for all types of demerit point suspensions and normally will require a separate application to the Magistrates Court. For an O demerit point suspension some states provide you with the choice of serving the 6 m9nth suspension or taking a Good Behavior Licence with is a 2 point lic3nce for 12 kohths. However if you get 2 or more points in that 12 month period you will be suspended for twice the original period of suspension.
    Each infringement stands alone, you will receive a suspension notice for each one with its own suspension start and finish date so it is possible to have a number of suspension running in parallel alongside each other. The only time suspensions will run exactly together is when they are finalised on the same date either by paying both fines on the same date or the court finalises multiple offences on the same day. If you pay on the same day the points will still be effective on each individual offence date gut the authorities points allocation system will normally generate the suspension system letter listing all those finalised offence in the one letter thus only one suspension period will be required.
    If you want to serve only one suspension period for multiple offences then you need to pay the fines on the same say thus generating the one letter listing all finalised offences together. If you pay on separate days then you will receive separate letters with separate suspension period. The licence authority system allocates points for finalised offences overnight and produces the appropriate suspension notification letters listing all offences finalised that day. The system doesnt care of you have 4 or 40 points on a P licence, it just cares you have exceed the P allowance and generates the 3 month suspension period irrespective of the total fibalised that day.

    Secret to demerit points when you have several demerit point infringments is to FINALISED THEM ON THE SAME DAY, one suspension letter one suspension period. If finalised on different days, separate letters, separate suspension period which may have some overlapping time. My background, offence processing.

    • -3

      What an outstanding answer, thank you. Nothing like this has surfaced after much searching. The family chatted with a lawyer today and was told the same thing - only a single 3-month suspension would be imposed if nominating the P1 driver for both offenses and paying the fines on the same day.

      • -3

        Really? The family has discussed this with a lawyer now?
        Why can't they just accept the penalties as applied and (hopefully) learn from it.

      • +2

        Why people downvote a good faith comment like this?

        Question asked and answered, a 'thanks' from OP and … downvote??

    • It's nice to see some good ol' fashioned knowledge sharing.

  • +2

    Caught twice in a week sounds like speeding is already a habit for her. What about all the times she wasnt caught.

    This might be a learning moment for her.

    Having said that the last time i got a speeding tickets were actually 2 tickets within 5 minutes at the same camera was just after the 50 kph unmarked speed zones was brought in in Victoria. I was thinking it was a 60 zone and got done for 57 and 58 on the way back past it.

    The more irritating thing is i saw the camera as i went past the first time and told myself not to speed on the way back.

    Part of life dont break the rules.

    Going to NSW in a couple weeks before i go i know there are a couple of rules i need to check that are different there.

  • -1

    I'm concerned that your 'friends' daughter was caught speeding twice in a week in her parents cars, they were just the times she was found to be speeding. Fair chance if she's like other 18 y.o. I see driving, most likely she was also on her phone, leading to her initial distraction all whilst driving through a school zone on at least one of those occasions.
    Next question is, if they review the image of the vehicle after it's transferred over to her, are they going to see her P plates displayed and are they going to see her using a phone?
    Your 'friends' daughter needs to cop it sweet and learn her lesson the hard way, including monetarily, most likely she'll lose her licence for 3 months for each offence. Driving is a privilege and not a given. She needs to learn how to drive responsibility, safely and lawfully before she enividabilly maims and/or kills somebody.

  • +2

    When a statutory declaration nomination for a traffic camera infringment, either red light, speeding or seat belt a check is made of the original photograph and any obvious discrepancies in gender, age etc results in further investigation into possible false declaration in nominating another person. All nominated driver infringements with photos are checked before the declaration is accepted, original infringement withdrawn and new infringement notice issued to the nominated person. It not an AI process but physically checked by an authorised officer

  • You should try not speeding.

  • +5

    This is a great learning experience for her. Definitely would nominate her for both unless it completely cripples her from a study or work perspective, but honestly if they have to catch PT and suffer a bit then it'll only teach them to really think about that sort of thing in future.

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