Speed Camera News
Why Mail is NOT notification (speed scamera related).
Why Mail is NOT notification (speed scamera related).
Thanks to the National Motorists Association Australia for the link.
http://www.couriermail.com.au/news/queensland/mps-slip-means-police-to-make-the-trip/story-e6freoof-1226330778073
David Gibson's resignation may lead to review of State Penalties Enforcement Registry
•by: Robyn Ironside and Steven Wardill
•From: The Courier-Mail
•April 18, 2012
DAVID Gibson's downfall could see the return of Queensland police notifying people in person that their driver's licence has been suspended to avoid letters going astray.
Premier Campbell Newman promised to review how the State Penalties Enforcement Registry delivers licence suspension notices, saying there was "great community concern" about the current process.
Since January 2010, failure to pay a fine of any sort can lead to a licence suspension with SPER advising motorists by mail, after as many as four warnings.
In a statement posted on his Facebook page, Mr Gibson said at no time did he receive any notification http://www.couriermail.com.au/news/queensland/im-only-human-says-former-police-minister-david-gibson/story-e6freoof-1226330198842 that his licence was suspended or about to be suspended due to not paying a speeding fine issued last May.
"This lack of knowledge meant that for a period of time I was driving unaware that my licence was suspended," he said.
Mr Gibson on Wednesday indicated he could seek legal advice on SPER.
He Tweeted: ``Thnx to all for kind words & advice. Lots of ppl saying I should get legal opinion on SPER. Any suggestions on a good enQld law firm?''
But traffic law specialist Andrew Wiseman said legal challenges only have a 50/50 chance of succeeding.
Mr Newman said he was confident SPER had done its job properly but the process needed tightening up.
He insisted the decision to review the system was not an attempt to shift the blame for Mr Gibson's failure to pay his fine to the agency.
Lawyers yesterday welcomed moves to overhaul the delivery of SPER suspension notices, saying the current system was having dire consequences for people.
Queensland University of Technology Law Faculty visiting fellow Alastair MacAdam said he knew of people who had gone to jail as a result of "something going astray in the mail".
"The problem is that once a letter is sent by SPER it is deemed to be received unless it is returned by Australia Post," said Mr MacAdam.
"The trouble is, these letters often go astray and if drivers are pulled over by police for any reason, they then have to face the serious issue of driving without a licence."
Criminal defence lawyer Bill Potts said there should be a requirement for SPER to prove a person had received a notice.
"(Mr Gibson's case) highlights the severity of driving licence suspension laws which mean that a licence can be suspended by letter, even if the letter is not received," said Mr Potts.
"If you drive on a suspended licence, your insurance is also invalid."
Licence suspensions were toughened up by the previous State Government in an effort to rein in the burgeoning number of fine defaulters in Queensland.
SPER is trying to recover more than $730 million in fines - and the figure is growing at $15 million a month.
As well as suspending licences, SPER may also wheel clamp vehicles, seize property or send fine defaulters to jail.
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