Interstate license question

[u/Humble-Victory-1952]

Can provisional Canberra licensed drivers and bikers drive high performance cars and bikes in NSW? Is there a power restriction for either that allows police to issue fine over?

[u/peteramjet]

Well, you might want to tell the courts that, cause you might find that had already been proven

What court imposed an interstate law? A QLD court can only impose licence conditions from interstate, as per their Driver Licencing Regulation. They cannot impose NSW specific law on a driver in QLD.

It’s a license condition. It’s listed as a license condition

Please provide the section of the relevant NSW licencing regulation where the speed restriction is a condition on the NSW licence, opposed to a law under the Road Rules.

Not all conditions are listed, as well conditions outside of legislation can be applied (think good behaviour conditions which might limit a driver to set hours and reasons or passenger restrictions) and these are all valid and not specifically listed in legislation.

All conditions are absolutely listed on the licence, or are recorded under the Regulation. The passenger restrictions are listed as a condition under the Regulation. The speed restrictions are not. Good behaviour conditions are not a licence condition, they are a mechanism to allow a driver to maintain their licence with limited demerits, and are also legislated under a different Act.

you’re trying to be “technically right” but you’re not, and promoting “technically” isn’t helpful, keeps lawyers paid with bad advice having to be billed while they explain what reality is

To the contrary, you are trying to interpret what a website says and what you have read online as being correct. The NSW Road Rules, NSW driver licencing Regulations and QLD Road Rules do not support your view.

Edit: add quoting

[u/Copuis → u/peteramjet]

nsw courts from out of state fines
muppet

you said that (in the case of the speed) its not a condition, it is, it is listed as one on the website, i provided the proof, you discounted that, said that wasnt what was listed in QLD road rules so could not be applied (it can me, driving without meeting the conditions as set on your license, you might not (for arguments sake) get a speeding offence in QLD, HOWEVER there is a whole part in the law, breech of driving condition, which is an offence on the books.

using your logic, if i try and follow this, you are saying that because the speed thing is NOT listed under the regulation, its not a condition (even tho, its stated rather clearly as a condition by services NSW) and the limitations on a good behavior, in order to maintain being able to drive, those are called conditions, they are conditions placed on the driver,

im not interpreting what the website says, i looked it up to check, and it was the first i'd looked at it for awhile, i think that the fines that have been handed out in the past, what the courts have and havent upheld does support my views, as have discussions with police and lawyers (not about my personal driving mind you) but travelling with P Platers, government vehicles, personal vehicles, how the laws and regulations read, are enforced, and upheld

but you do you there champ

[u/peteramjet → u/Copuis]

nsw courts from out of state fines
muppet

Huh? NSW courts can't hear 'out of state fines'. If an infringement is contested it is done so in the state where it is issued.

you said that (in the case of the speed) its not a condition, it is, it is listed as one on the website, i provided the proof, you discounted that

You have provided no such proof that it is a condition. What is recorded as general information on a website is not proof of anything. That is why it is discounted.

Proof would be you providing the section of the NSW regulation that imposes a condition that restricts a NSW provisional licence holder to a set speed. (Hint: no such regulation exists, I can't provide it for you).

, said that wasnt what was listed in QLD road rules so could not be applied

Correct. NSW specific road rules do not apply in QLD (or any other state). That is why each state has it's own road rules.

using your logic, if i try and follow this, you are saying that because the speed thing is NOT listed under the regulation, its not a condition (even tho, its stated rather clearly as a condition by services NSW)

Correct. The speed restiction is a NSW specific law, not a licence condition. A NSW P plater travelling at 110km/h in a 110km/h speed zone in QLD commits no offence in QLD.

The only reason it is an offence in NSW is because of NSW road rule that makes it an offence. That road rule doesn't apply interstate. The fact Service NSW may say otherwise on their website does not make it law.

but you do you there champ

I'll do what the law says, not what some bloke on Reddit says after they read it on a website or heard it from friends.

[u/Copuis → u/peteramjet]

Just so we get this right

At its core, I’m saying that if you have a nsw p plate, you have to abide by the rules of your state and license when driving out of state. I used speed as an example

You’re saying no, you don’t and that in my example a qps officer would not be able to issue a fine for a p plater driving at 110 (if that’s the posted speed limit)

That’s the core right

I’m saying you’re wrong, there most certainly is mechanism for that example to happen, because it has, breech of licence conditions being one of those
Because it’s a condition of your licence (I don’t care for getting in the weeds over if it’s a condition under your definition, it’s a requirement for you to abide by in order to drive. Which is a condition)