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Old 02-07-2009, 04:32 PM   #31
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On the contrary. I love American sites. They spell even worse than I do so no one notices my spullinn. : :
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Old 03-07-2009, 12:13 AM   #32
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i think some of you may be a bit misinformed as to how this law and other relevant laws in wa work and why this is like swiss cheese. i own a small business and i employ staff. lets look at it from my point of view.

alot of people have mentioned that they consider it the employers responsibility to make sure thier employees have a license. there is no registry or database i can access to verify if my staff have a valid drivers licence and if i ring the fuzz they cant tell me either due to privacy laws - thats the first cracker.

i am legally entitled to ask my staff member to produce a drivers licence.
1)for abovementioned reasons i cant verify it is still legit
2)the staff member is legally entitled to refuse that request and there isnt a thing i can do about it.
so what do i do then? what if part of thier job description involved driving a car other than thier own? do i ban them them from driving my vehicles and not meet thier full job description?

you CANNOT sack someone for losing thier licence regardless of thier job description. not so long ago a person successfully sued a forrestfield transport company for wrongful dismissal after he was sacked because he had no licence. this one gets juicier - he was employed as a truck driver and was driving a fully loaded 5 tonne truck when he got stopped on canning hwy. the police then arrested him for driving with no licence leaving the fully loaded truck on the roadside. of course you're gonna sack him. by law he should've been offered alternative duties until his licence was reinstated.

putting something illegal in a job contract about job status being effected by licence status is still illegal no matter who agrees to it and who signs it and wont stand up in a court of law.

i'll support the law when the govt supports me and enables me the power to verify licence status.

p.s. "accidently" leaving your foglights on?? LOL how did you lose your other points? "accidently" speeding etc?
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Old 03-07-2009, 01:08 AM   #33
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Originally Posted by TaraHymen
i think some of you may be a bit misinformed as to how this law and other relevant laws in wa work and why this is like swiss cheese. i own a small business and i employ staff. lets look at it from my point of view.

alot of people have mentioned that they consider it the employers responsibility to make sure thier employees have a license. there is no registry or database i can access to verify if my staff have a valid drivers licence and if i ring the fuzz they cant tell me either due to privacy laws - thats the first cracker.

i am legally entitled to ask my staff member to produce a drivers licence.
1)for abovementioned reasons i cant verify it is still legit
2)the staff member is legally entitled to refuse that request and there isnt a thing i can do about it.
so what do i do then? what if part of thier job description involved driving a car other than thier own? do i ban them them from driving my vehicles and not meet thier full job description?

you CANNOT sack someone for losing thier licence regardless of thier job description. not so long ago a person successfully sued a forrestfield transport company for wrongful dismissal after he was sacked because he had no licence. this one gets juicier - he was employed as a truck driver and was driving a fully loaded 5 tonne truck when he got stopped on canning hwy. the police then arrested him for driving with no licence leaving the fully loaded truck on the roadside. of course you're gonna sack him. by law he should've been offered alternative duties until his licence was reinstated.

putting something illegal in a job contract about job status being effected by licence status is still illegal no matter who agrees to it and who signs it and wont stand up in a court of law.

i'll support the law when the govt supports me and enables me the power to verify licence status.

p.s. "accidently" leaving your foglights on?? LOL how did you lose your other points? "accidently" speeding etc?
Very interesting read. Lots of info I didn't know about. Thanks for showing me the other side of the story.
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Old 03-07-2009, 01:09 PM   #34
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Originally Posted by TaraHymen
i think some of you may be a bit misinformed as to how this law and other relevant laws in wa work and why this is like swiss cheese. i own a small business and i employ staff. lets look at it from my point of view.

alot of people have mentioned that they consider it the employers responsibility to make sure thier employees have a license. there is no registry or database i can access to verify if my staff have a valid drivers licence and if i ring the fuzz they cant tell me either due to privacy laws - thats the first cracker.

i am legally entitled to ask my staff member to produce a drivers licence.
1)for abovementioned reasons i cant verify it is still legit
2)the staff member is legally entitled to refuse that request and there isnt a thing i can do about it.
so what do i do then? what if part of thier job description involved driving a car other than thier own? do i ban them them from driving my vehicles and not meet thier full job description?

you CANNOT sack someone for losing thier licence regardless of thier job description. not so long ago a person successfully sued a forrestfield transport company for wrongful dismissal after he was sacked because he had no licence. this one gets juicier - he was employed as a truck driver and was driving a fully loaded 5 tonne truck when he got stopped on canning hwy. the police then arrested him for driving with no licence leaving the fully loaded truck on the roadside. of course you're gonna sack him. by law he should've been offered alternative duties until his licence was reinstated.

putting something illegal in a job contract about job status being effected by licence status is still illegal no matter who agrees to it and who signs it and wont stand up in a court of law.

i'll support the law when the govt supports me and enables me the power to verify licence status.

p.s. "accidently" leaving your foglights on?? LOL how did you lose your other points? "accidently" speeding etc?
Fair call, but you can check anyones license status as long as you have there date of birth and DL number.
But on the other hand are we going to do that every day ? As an employer I am responsible but can not check my boys every week. A employee could have lost all his points and not told me because he will suffer with employement. As said I can not sack them, but they will be on minimum hours and reduced income.
I have heard that Jiffy and Hosedoctor got there cars back already. And they may be ammending the law to take the drivers own car. Lets hope so, because if I let a driver slip through the system with an invalid license I am up for a minimum $1000 bucks a day lost income.
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Old 03-07-2009, 01:23 PM   #35
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that would make more sense if they gave you back your work vehicle and took the employees personal car
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Old 03-07-2009, 01:55 PM   #36
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It takes 2 seconds to check your employee license status

http://www.courts.dotag.wa.gov.au/_a...es/search.aspx
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Old 03-07-2009, 05:41 PM   #37
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2 thoughts on why this law is not really all it's made up to be.


2. Girlfriend is a p plater, loses her licence for 2 speeding infringements on same piece of road in 1 day. She is not a bad driver, but just got caught by the revenue raiders. She is too embarrased to own up to losing her licence because you will bag her out fiercely. So she drives you pride and joy home on saturday because you were too drunk - you lose the car for doinjg what you thought was the right thing.
Not true as the licence is not suspended until the fine is paid and notification has been recieved, it is not cancelled straight away.

Also, how can this law punish those that are doing nothing wrong, if they were doing nothing wrong they would have a licence and still have a car. I am sorry but I do not see your logic.

As for the company owners of work vehicles, I am sure if they can prove that the person had an in date licence and has lost it due to points, DUI etc without informing the employer, they could probably get the car back. Obviously not to give back to the employee though.
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Old 03-07-2009, 06:08 PM   #38
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Originally Posted by EDManual
When you can lose you licence for near nothing, for example if you are on your 12 month probation and you have your foglights (3 points), on accidentally here in VIC and that causes you to lose your licence, wouldnt you be annoyed about that and keep driving? I know I would as I would lose my job if i didnt, and possibly lose my house etc.
Am I more dangerous because I dont have a valid licence? Absolutely not.

Sure if you have lost it for Drink Driving or something serious, but its not fair otherwise. People should be able to risk having no insurance and just an extra fine for no licence.
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Old 03-07-2009, 09:10 PM   #39
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Originally Posted by superpursuit83
It takes 2 seconds to check your employee license status

http://www.courts.dotag.wa.gov.au/_a...es/search.aspx
thats fabo, thats all i wanted, thank you. now why couldnt the fuzz tell me about that when i phoned up and asked them about a facility such as this.


Quote:
Originally Posted by geckoGT
As for the company owners of work vehicles, I am sure if they can prove that the person had an in date licence and has lost it due to points, DUI etc without informing the employer, they could probably get the car back. Obviously not to give back to the employee though.
you're probably right as i saw on the news the jiffy van was returned. the biggest and main issue i have is the "confiscated regardless of owner" bit. what if my apprentice races over to the shop to get some parts in the workshop ute and gets nailed on the way. how am i gonna get home tonight? plus the hassle and time factor to get my car back.

i dont see why i should be held responsible and my vehicle be held to ransom over someone else's honesty or lack thereof?
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Old 03-07-2009, 09:16 PM   #40
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thats fabo, thats all i wanted, thank you. now why couldnt the fuzz tell me about that when i phoned up and asked them about a facility such as this.



you're probably right as i saw on the news the jiffy van was returned. the biggest and main issue i have is the "confiscated regardless of owner" bit. what if my apprentice races over to the shop to get some parts in the workshop ute and gets nailed on the way. how am i gonna get home tonight? plus the hassle and time factor to get my car back.

i dont see why i should be held responsible and my vehicle be held to ransom over someone else's honesty or lack thereof?

Make it clear to them that if they do anything to get busted and have a company/your personal vehicle confiscated and it will constitute instant dismissal and they will be at centrelink on monday. Then lodge a report with the police stating he did not have your permission and stole the vehicle if it happens.

If you give him the keys, you take responsibilty to a degree for what he does with it. That may not sound fair but it is kind of the way it is. It has to be otherwise people that want to hoon will just make sure they do it in someone elses car.
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Old 04-07-2009, 04:24 AM   #41
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its a good policy. Maybe if unlicensed people driving on our public roads get their car confiscated for 28 days, perhaps they will get it through their thick heads they shouldnt be doing it. Last year 18% of fatal crashes on WA were a result of these idiots.
I have the same amount of sympathy for anyone that breaks road rules including speeding. And i think multinovas are the best way for governments to make revenue, Being caught by a multinova is Equal to paying a voluntary tax. We were all tested before receiving our license to drive on public roads, and we all agreed when receiving those licenses that we would respect the laws of the land. Yet i see so many fools complaining about multinovas and now this new confiscation law. I understand those complaining from a business point of view, this law isnt perfect, but even today on the news i heard they will be changing it to make it easier for businesses, but Aussies are to blame, not the government, if we as Aussies obeyed our lands laws, there would be no issue, but so many of our people are absolute idiots im sorry to say.
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Old 04-07-2009, 09:30 AM   #42
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its a good policy. Maybe if unlicensed people driving on our public roads get their car confiscated for 28 days, perhaps they will get it through their thick heads they shouldnt be doing it. Last year 18% of fatal crashes on WA were a result of these idiots.
I have the same amount of sympathy for anyone that breaks road rules including speeding. And i think multinovas are the best way for governments to make revenue, Being caught by a multinova is Equal to paying a voluntary tax. We were all tested before receiving our license to drive on public roads, and we all agreed when receiving those licenses that we would respect the laws of the land. Yet i see so many fools complaining about multinovas and now this new confiscation law. I understand those complaining from a business point of view, this law isnt perfect, but even today on the news i heard they will be changing it to make it easier for businesses, but Aussies are to blame, not the government, if we as Aussies obeyed our lands laws, there would be no issue, but so many of our people are absolute idiots im sorry to say.
Thats not going to be a ver popular view around here, but elements of it a very true. Going to be very interesting to see what happens now :
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Old 04-07-2009, 11:03 AM   #43
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Quote:
Originally Posted by kpcart
its a good policy. Maybe if unlicensed people driving on our public roads get their car confiscated for 28 days, perhaps they will get it through their thick heads they shouldnt be doing it. Last year 18% of fatal crashes on WA were a result of these idiots.
I have the same amount of sympathy for anyone that breaks road rules including speeding. And i think multinovas are the best way for governments to make revenue, Being caught by a multinova is Equal to paying a voluntary tax. We were all tested before receiving our license to drive on public roads, and we all agreed when receiving those licenses that we would respect the laws of the land. Yet i see so many fools complaining about multinovas and now this new confiscation law. I understand those complaining from a business point of view, this law isn't perfect, but even today on the news i heard they will be changing it to make it easier for businesses, but Aussies are to blame, not the government, if we as Aussies obeyed our lands laws, there would be no issue, but so many of our people are absolute idiots im sorry to say.

The laws that they brought in I have no problems with it will be great to have there car off the road for unlicensed drivers. I do have a problem with multinovas I would rather have more police presence on the road then multinovas. Multinovas can't catch people for other offences which are more dangerous then speeding.
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Old 04-07-2009, 07:04 PM   #44
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Originally Posted by kpcart
its a good policy. Maybe if unlicensed people driving on our public roads get their car confiscated for 28 days, perhaps they will get it through their thick heads they shouldnt be doing it. Last year 18% of fatal crashes on WA were a result of these idiots.
I have the same amount of sympathy for anyone that breaks road rules including speeding. And i think multinovas are the best way for governments to make revenue, Being caught by a multinova is Equal to paying a voluntary tax. We were all tested before receiving our license to drive on public roads, and we all agreed when receiving those licenses that we would respect the laws of the land. Yet i see so many fools complaining about multinovas and now this new confiscation law. I understand those complaining from a business point of view, this law isnt perfect, but even today on the news i heard they will be changing it to make it easier for businesses, but Aussies are to blame, not the government, if we as Aussies obeyed our lands laws, there would be no issue, but so many of our people are absolute idiots im sorry to say.
Yes, yes, yes, all traffic police fines are voluntary.

Now allow me to follow you for one hour and see how many infractions on your part I can find:-)

* Absolute idiots? Probably an apt response, as most Aussie driver's deliberately - 'drive badly', its a national pastime.
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Old 04-07-2009, 10:51 PM   #45
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The laws that they brought in I have no problems with it will be great to have there car off the road for unlicensed drivers. I do have a problem with multinovas I would rather have more police presence on the road then multinovas. Multinovas can't catch people for other offences which are more dangerous then speeding.
I think the only people who have a problem with multinovas are the people who break the law. Duh!

As far as more police presence goes, well, find a way to recruit more police so that we don't have a shortage and I'm sure you will see more police presence.
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Old 04-07-2009, 11:51 PM   #46
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I honestly cant believe people on hear are backing this law, I have my license and havent had my vehicle impounded I just feel its ridiculous that a government has the power to take what is yours and eventually sell it or crush it. I love Perth and grew up here but feel itis becoming more like a dictatorship or a totalitarian state than a democracy. I agree that these people who are breaking the law driving without a license should be punished I just dont feel the punishment fits the crime a couple days in jail community service etc.. would be better suited and have a greater impact on these people mind set than taking what theyve wrightfully earnt and paid for in most cases it insights hate for the police officers and those enforcing the law.

On the other side of the spectrum I personally know of someone who was drink driving (not his vehicle and therefore this new law would not have changed the outcome) and killed someone he was only just over the limit (not that that makes it any better) but served no jail term only lost his license and fined where is an associate who grew a couple of plants for personal consumption served 3 months in remand the system is a joke the punishment needs to fit the crime and i dont believe that taking someones vehicle is a fair punishment for driving without a license and for that matter neither is driving recklessly (hoons law)
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