how long is a suspension for driving a prohibited vehicle ?

[st185-gt4]

hi guys,

unfortunately i have got myself in a bit of some unlucky circumstances today and i just wanted to know whats everyone's opinion on it. i been driving a st185 celica gt4 for awhile now (about 2 years or more) and i never had a problem and been lucky until today. I have just taken my car for a dynotune and after picking it up and on making my way back home i have stumbled across an undercover cop car which pulled me over. Upon stopping he mentions that i was speeding (i wasnt aware i was since i always thought the road i was travelling in was a 80km/h zone) and proceeded to ask for my licence (I currently hold a P2 licence). I explained myself that there's a sign not too far off stating the road is 80km/h zone which can get a bit confusing but he stated it doesnt exist.

Anyway he then proceeded to ask me to pop up my bonnet in which i did. He mentions he heard a blow off valve while i was travelling and then ask if the car is turbo (BTW this cop didnt really have a lot of knowledge in cars as he wasnt a highway patrol). I just pretended to act dumb and have no idea about cars and brought the car the way it is way back then. Upon closer inspection he found the turbo and asked me 'That snail looking thing looks like a turbo to me'. Again i acted dumbfounded while he went back to his car to do some paperwork. After about 10 mins later he gives me a $500 fine then took a picture of my engine bay and told me i cant drive the car from there and have to organise someone to drive it with a full licence. Then he stated that with this type of driving offence its gonna cost me 7 demerit points which is pretty much all my points gone for green P's. He also says i'm still legal to drive until i receive the notice from RTA of when my suspension will commence as long as its not a prohibited car.

Now i'm feeling a bit shitty because im suppose to be able to go for my full's this April but now due to this circumstances thats not looking too good. I have also been suspended a while ago for 3 months (about 6 months ago) due to losing all my points for stupid reasons like failing to display P plates twice -.- etc). I completed the 3 months suspension and gained all my points back and haven't had any circumstances until today.

My questions are how long will my suspension likely be at this stage ?(first time i have been screwed over from driving a prohibited vehicle otherwise good record), is my car now 'red flagged' as in if i drive it tomorrow etc while i'm not yet officially suspended any cop car can pull me over since maybe this cop would have made a record on the system about the car being owned by a green P-plater but is turbo?

Also what are my chances of appealing it once i do receive the suspension notice, with my reason being that i have a family and a 4 year old son, in which I'm the only one that has a licence and my licence having to be essential to function on our daily lives/lifestyle (taking my son to his daycare every morning, work etc), or maybe what are the chances of getting an exemption from RTA for driving this vehicle due for the same reasons?

Any thoughts is appreciated, thanks !

[ToyTA22]

Look at RTA website www.myrta.com.au where there is a list of current fines and demerit points for varying offences. I think, as said only think, there is an exemption if you are over 25 years of age, not knowing your age, in relation to operating performance vehicles. Would have to confirm that.

[lexsmaz]

About the only thing I can add is I would not be driving it again until you hopefully get your full License ..

As 1 it could be "red flagged" as you mention & 2 if you just happen to get the same cop or another one that checks the car again you will definitely be screwed in a Big way the Second time around, as the cop you got today banned you from driving it so there is no acting dumb on that one if caught again especially by the same cop & he will no doubt be looking for you to drive the car again & its not like he doesn't now have your address ..

Your choice in the end ..

[maj]

Not commenting on your choice of decisions etc. I believe if you were to truly require a license to perform your job and care for your family etc. You should be willing to show signs of goodwill like selling your car now knowing its a prohibited vehicle, well before any appeal for suspension is made.

I believe your chances of having a suspension overtuned AS WELL as an exemption are slim to nil.

I have a friend who at the time was a uni student studying full time whilst working part time, she had never been fined for anything prior but was caught midrange drink driving and speeding on her green P's (enough over the limit for them to sting her for it, probably 6km or so).

Her suspension was 6 months which she appealed since she actually had student placement for her degree which was teaching, required her to drive approx 40mins to the school she needed to get to which was otherwise hard for public transport. Her part time job was aged care which occasionally required unscheduled late night callouts etc. for who she was caring for, because they had demetia and would freak out for some of the other carers.

Her appeal was unsuccessful and she had to suck up the fine and 6 month suspension.

I'd sell your GT4 (even if its on paper just to your parents etc. to show you don't have the car anymore). Appeal the suspension and mention you have already sold the car, and if you are successful, buy a crappy 2k commodore/falcon to get you around until you are off your P's.

[lilcrash]

i know some of you will disagree with me but honestly, just drive your car, your licence is a piece of paper, why should they get to ruin your life just because they are there to "protect" us. you need to drive to get your family around and to earn money to feed them.

[mynameisrodney]

ummm, no. you fucked up and got "unlucky" after 2 years of ignoring the law. You knew the risks, deal with the consequences. If you need a car to get your family around then you should have thought of that some time in the last 2 years and bought a car you are allowed to drive.

[st185-gt4]

Guys, thanks for all the reply.

I did a bit of research last night and looks like it might have just paid off. It just so happens and to my surprise that the gt4 celica st185 model is listed in the 'moderate performance vehicle' list (was expecting to see the MR2 on this list since it runs the same engine, they must base it on power to weight ratio or somewhere along those lines) which means i could probably get an exemption and be allowed to drive it while im on my p's. It's a small list and 90% of the car's listed is mainly european cars (not much jap cars at all) such as (mercedes, audi, bmw, peugeot, saab, vw, volvo, couple holdens and fords etc) that are non turbo and are probably on the list because they are a bit higher on kw (or for whatever reason) but its just the way they are built from factory therefore they can be exempted (correct me if i'm wrong). Out of all the list the gt4 st185 celica and the mitsubishi cordia are the only two turbo jap car's as far as i can see on the list which really surprised me.

I'm gonna fill up the exemption form and have it lodged in and hopefully with some luck it will get granted, i mean it is in the 'moderate performance vehicle' list after all and i think with a good driving record i probably have a high chance of getting granted. wish me luck ! =]

[airocobra]

You had better make sure that your ST185 is stock standard , cause they will probably want to inspect it and that exempt is for a stokier not modified.

[st185-gt4]

If they arranged for an inspection then it would be pretty easy for me to put the car back to pretty much looking stock standard since its not heavily modified. I think the only thing that really stands out are the pipings for the front mount I/C but luckily i still have the stock top mount sitting around somewhere to put back on if necessary.

I'm just trying to think if making some sincere letter explaining my circumstances of why i need the exemption and a employment letter from work stating i need to drive the car and stuff would be necessary to put up my chances of getting granted for the exemption or if lodging in the application form is more than good enough since my car is in the 'moderate performance' list anyway. Also under the question 'what the vehicle will be used for' I'll just write it will mainly be used for dropping my son off to daycare in the mornings and picking him up in the afternoons, making my way to work and for daily routines and activities such as going gym, taking the family out, doing grocery shopping etc.

Also there is a question towards the end of the form if there are any other vehicles under my name that are not considered to be prohibited and if 'yes' explain why its not suitable for use. Unfortunately i do have another vehicle under my name, a 1995 TS Magna. I was leaning towards the lines of explaining that the car is barely roadworthy at this stage and needs a lot of repairs which is gonna cost a fair bit and would rather not drive it until i have enough funds to fix up its problems.

I have also called up the SDRO in regards to the matter that happened the other day onto losing my licence due to 7 points for driving prohibited vehicle. They said if i do receive an exemption from RTA then i just have to give them a copy and the offence can be overturned.

I'm hoping this is more than enough to pass me for an exemption .. fingers cross . Any ideas on what i should add or if i'm missing something is appreciated =]

[oldcorollas]

"should have" got exemption before. too late after the infringement?

barely roadworthy = roadworthy?
can't afford to fix magna, can afford to modify turbo car = not the best excuse
for all those uses you listed.. bus/taxi would be fine... may need to prove there is no PT or taxi service in the areas as well?


aaanyway, hope you learn from the poor choice you have made
paper yes.. but licence represents your responsibility to the community.

do you expect other people to abide by their licence restrictions? do you expect other people to actually have a licence?

[lilcrash]

I just feel that they shouldn't be able to tell you what car you can or can't drive.

[4th surf]

There are some laws state to state which say what you as a "P-plater" can legally drive on the road and I think that it has to do with "power to weight ratio" and age, driving time etc. Won't get into a discussion about it but I did have much the same experience with an overzealous cop "Back in the days of Toranadom" in NZ and very similar to what you describe. "This thing's a wanked up Sunbird!" "No it isn't" "Yes it is who put that engine in there?" "Holden did when they made it", "Who put the body kit on? "Holden did when it was built" "Are you getting smart?" "No but can I ask you to write down that number in the middle of the firewall, call this guy at Holden and see what he says, Here is my address and home phone number and I work here, or I will present myself at the station at the start of your next shift" "OK We'll do that". 9am the next morning this cop walked into work "Do you want to sell it?" "Nope"

[BLK_20v]

I read somewhere that the no turbo for p-plater laws were being reviewed / modified. Prob happening now, but not happened yet.

[lilcrash]

The only cars p platers shouldn't be allowed is commodores and falcons.

[oldcorollas]

I just feel that they shouldn't be able to tell you what car you can or can't drive.

how about motorbikes?