Hypothetical License Question

Discussion in 'Australian Motorcycles' started by Doug Jewell, May 26, 2009.

  1. Doug Jewell

    Doug Jewell Guest

    So lets say a hypothetical person.. Lets call him Doug...
    Doug has never bothered getting a motorbike licence because
    he only rides off-road bikes or a 50cc scooter which can be
    ridden on a car licence in Queensland where Doug lives.

    Lets say Doug is likely to move soon to a border town, where
    he will live on the QLD side of the border, but work on the
    NSW side of the border.

    In QLD his C class license allows him to ride a Moped.
    In NSW, a full motorcycle license is required to ride a Moped.

    So Question 1 is: if Doug happens to ride across the border
    into NSW on his QLD registered moped, using his QLD licence,
    will he be considered unlicensed? or does the fact he is on
    a class of vehicle allowed by his QLD licence mean that he
    is legal?

    Question 2, if Doug happens to move to the NSW side of the
    border and ultimately gets a NSW licence, will he have to go
    through the whole Learners & Provisional process (which
    would be easy enough, just time consuming) for a motorcycle
    licence or would he be able to automatically get a
    restricted class of licence based on his QLD experience?
     
    Doug Jewell, May 26, 2009
    #1
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  2. That's ridiculous. No-one's called Doug these days.

    - soakes
     
    Stephen Oakes, May 26, 2009
    #2
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  3. In aus.motorcycles on Tue, 26 May 2009 18:30:46 +1000
    I believe so, as if you are legal in your home state you are legal
    here but I suggest you ring the RTA and ask them as their website is
    quite mute on the subject.
    If you move to NSW you can apply for and get without tests a NSW
    licence the equivalent of your Qld one. So no motorcycle licence
    endorsement because you don't have one in Qld.

    Zebee
     
    Zebee Johnstone, May 26, 2009
    #3
  4. Doug Jewell

    Noddy Guest

    My take on it would that it would be illegal to ride the Moped in NSW if the
    NSW RTA requires you to have a licence specifically for it.
    If it's anything like Victoria you've have to endure the whole
    Learners/Provisional thing.
     
    Noddy, May 26, 2009
    #4
  5. Doug Jewell

    Albm&ctd Guest

    Question is why people don't want to get a full motorcycle licence and why they
    would want to ride something 50cc and gutless that holds up normal traffic
    flow and has the potential to have you run over regularly :)

    Al

    I don't take sides.
    It's more fun to insult everyone.
    http://kwakakid.cjb.net/insult.html
     
    Albm&ctd, May 26, 2009
    #5
  6. Doug Jewell

    Knobdoodle Guest

    The way I read it you could ride around Australia on a "moped" (misnomer
    since it hasn't pedals) on your Qld licence but one you move to NSW you're
    rooted (quite apart from the fact that you'd now have to call Andrew Johns
    "the greatest" and expect that Craig Minichello can finally live up to the
    hype).
    The flip side is that you can basically ride around forever (and unescorted)
    on a NSW learners.
    (unless this has changed.... Zebee?)
     
    Knobdoodle, May 26, 2009
    #6
  7. Doug Jewell

    Kev Guest

    Incorrect
    Once you cross the border you have to abide by NSW traffic laws no
    matter what state your vehicle is registered in or where you're licensed

    Kev
     
    Kev, May 26, 2009
    #7
  8. Doug Jewell

    Knobdoodle Guest

    But you still comply with Queensland LICENCE laws. (while you still have a
    valid Qld licence)
     
    Knobdoodle, May 26, 2009
    #8
  9. Doug Jewell

    D Walford Guest

    Perfectly legal.
    Ask the NSW RTA for confirmation but I suspect you will have to go
    through the process.



    Daryl




    Daryl
     
    D Walford, May 26, 2009
    #9
  10. Doug Jewell

    Kev Guest


    So if I drove into Victoria I can ignore Victorian road rules because I
    have a QLD licence??


    Kev
     
    Kev, May 26, 2009
    #10
  11. Doug Jewell

    D Walford Guest

    Unless NSW is very different from Vic I don't think that is correct.
    My SA resident cousin got stopped by the police in Vic (he looked too
    young to driving) when he was driving at 16yrs old, they checked his
    licence and as he had a SA license, was a SA resident and was driving a
    SA registered car he was not doing anything wrong.
    There is something in the constitution about freedom of trade between
    states which AFAIK covers such things.


    Daryl
     
    D Walford, May 26, 2009
    #11
  12. In aus.motorcycles on Tue, 26 May 2009 21:48:59 +1000
    Road rules and registration/licence are different things.

    Zebee
     
    Zebee Johnstone, May 26, 2009
    #12
  13. Doug Jewell

    Kev Guest


    But that is a different situation altogether

    we are talking about classes of licence here

    Kev
     
    Kev, May 26, 2009
    #13
  14. Doug Jewell

    Kev Guest


    and no matter what
    he should be calling the RTA and asking

    Kev
     
    Kev, May 26, 2009
    #14
  15. Doug Jewell

    Albm&ctd Guest

    Payback time.

    Al
     
    Albm&ctd, May 26, 2009
    #15
  16. Doug Jewell

    Sylvia Else Guest

    While driving a moped in NSW he is required to have a licence that
    allows him to drive one. Since he is a QLD resident, any licence he has
    will be issued in QLD.

    So the question is, does he have a QLD licence that allows him to drive
    a moped. The answer is yes, he does.

    The argument that he would require a motorcycle licence before he could
    drive a moped in NSW is based on the notion that there are such things
    as "car" licences, and "motorcycle" licences, that also allow the
    driving of other vehicles.

    The licence he has is a QLD "car and moped and... whatever" licence.

    http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtlr2008431/s99.html

    In particular, subsection (1).

    Sylvia.
     
    Sylvia Else, May 26, 2009
    #16
  17. Doug Jewell

    jl Guest

    It doesn't cover things that aren't freedom of trade and commerce...

    JL
    (and licences aren't a sale of goods and services)
     
    jl, May 26, 2009
    #17
  18. When you are in whichever state, you must abide by the road rules of that
    state, whether it be driving a car or a bike, whichever size it may be.
    If you are an interstate driver or rider passing through the state, then you
    are allowed to proceed through that state.
    If you stay longer than 7 days, or in some states 14 days, you must get the
    appropriate licence for the state you are now living in, this also applies
    to the registration of cars and motorcycles.
    The state police have allowed drivers from another state to drive in their
    state, providing they do not stay longer than the legal time, although if
    you are on a 2 month holiday, you can't really be compelled to change
    registration and licence.
    But getting back to the original post,
    If the police notice "Doug" riding in their state, on a Queensland
    registered moped, using his Queensland licence consistantly over a period of
    weeks, then they may start asking questions and "Doug" may be compelled to
    either get a NSW licence and registration for the moped, or simply be told
    by the coppers to "Go back home Douggy"
     
    George W Frost, May 26, 2009
    #18
  19. Doug Jewell

    Sylvia Else Guest

    It's three months in NSW.
    It's not a question of the state police allowing. They have no say in
    the matter.
    On the face of it, Doug would not be required to answer any questions.
    It would be for the police to prove that he had been resident in NSW for
    three months, and they would need to do so without any cooperation from
    Doug.

    Sylvia.
     
    Sylvia Else, May 26, 2009
    #19
  20. Doug Jewell

    Neil Gerace Guest

    Road rules != driver rules
     
    Neil Gerace, May 26, 2009
    #20
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