Driver licence ?

Submitted: Wednesday, Aug 04, 2010 at 12:57
ThreadID: 80506 Views:7933 Replies:20 FollowUps:41
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When doing the big lap.Do you have to change your licence / rego to the state that you are in if there more than 3 months or longer .
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Reply By: Neil & Pauline - Wednesday, Aug 04, 2010 at 13:26

Wednesday, Aug 04, 2010 at 13:26
I believe there are 2 answers to your question.
Legally the answer is yes, but does anyone do it, then it is no.
I actually don't believe it is practical as if you are traveling you have no fixed address so it would be all too confusing for the authorities. They have more important things to do like catching real criminals.
If you change your official residential address then different story.
I know someone that has a commercial passenger vehicle license endorsed in NT on a WA license. No problem so far after 2 years.


Neil
AnswerID: 426156

Reply By: Maîneÿ . . .- Wednesday, Aug 04, 2010 at 13:51

Wednesday, Aug 04, 2010 at 13:51
The answer is as stated by Neil above, however another thing to remember is if you are asked for your license by the police (as simple as a breath test station etc) and they ask "where do you live" when they see the out of state rego etc, you could be answering questions you have not thought you would have to ask as a law abiding citizen.

I believe you will also have no 3rd party insurance on your vehicles too and this is an offence.

Maîneÿ . . .
AnswerID: 426161

Follow Up By: Roach"ee" - Wednesday, Aug 04, 2010 at 16:19

Wednesday, Aug 04, 2010 at 16:19
Quote: "I believe you will also have no 3rd party insurance on your vehicles too and this is an offence." UNQUOTE

Surely this would have to be one of the most alarmist comments I have seen on this forum in the 7 or so years that I have been associated.

It may be true IF you were silly enough to say that you had/have been living in the (foreign) state for xx years but still had your original licence and rego.

But if you are a genuine nomad (grey or otherwise) who has a bona fide residential address in another state, then I don't believe there is anyway that your 3rd party insurance would be adversely affected.

It's a bit like the red haring that was going around a couple of years ago about removal of the 3rd row of seats from a wagon. If you recall, a SA driver was reputedly visiting QLD in his GU Patrol (registered as a 7 seater). He had removed the 3rd row seats to facilitate carrying more gear (as do 99% of those on this site I suspect). When he pulled up by a copper in Qld he was fined for illegally altering the vehicle because he stated that he had (and here comes the important word) "permanently" removed the 3rd row of seats. Had he said to the lovely gentleman in blue that he had only temporarily removed the seats for the interstate trip, then he would not have incurred the fine.

Sorry to get off the topic, but the jist is the same I believe.

If I was silly enough to say to a Policeman in WA (or QLD, NSW etc) that I was now "living" in his state but hadn't bothered to change my SA licence and rego over because of whatever reason, then i would expect to incur some form of penalty. But if I'm constantly moving around the state, from town to town, it would stupid to change the rego and licence over.
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FollowupID: 696747

Follow Up By: Maîneÿ . . .- Wednesday, Aug 04, 2010 at 18:59

Wednesday, Aug 04, 2010 at 18:59
"I believe you will also have no 3rd party insurance on your vehicles too and this is an offence"
Yes, this is a correct statement of fact.

Roachee, it may be the most alarmist comment you have seen on this forum in the 7 or so years that you have been associated, that does not alter the fact in any way that it is true and correct.

Reason being, if you do NOT have a valid driver’s license in WA, you therefore do NOT have valid 3rd party insurance on the vehicle you’re driving at the time.

Fact is; in WA, the 3rd party insurance will be null and void if you’re driving a registered vehicle (from any state) when you’re driving without a valid WA license, this is illegal.

I’m aware of this as I drive a Vic registered vehicle with a WA license, because the modifications made in Vic, are not permitted here in WA.


I’ve phoned the Insurance Commission of WA today for current information, on the link below

WA 3rd party Insurance info.

Maîneÿ . . .
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FollowupID: 696756

Follow Up By: Dion - Wednesday, Aug 04, 2010 at 23:00

Wednesday, Aug 04, 2010 at 23:00
Mainey,
you have provided nonfactual and misleading information.

Uniformed members of the ADF are in all states and territories with the exception of NT and Vic permitted to continue using their current valid licences (not correct Aust spelling of Licence). In NT and Vic, the Licence must be changed when greater than 3 months of living there have occured.

In all other states (WA included) and ACT, when a uniformed member of ADF transfers there, they are not required to change their licence because of the transitional nature of service in the ADF.

3rd party insurance is associated with the registration, that's why it is an additional fee upon paying for registration, not an additional fee upon paying for a licence or licence renewal. A 3rd party claim cannot be denied purely upon having a valid interstate licence for the class of vehicle.

Point in case. After transferring to WA, I transferred registration of my Rodeo to WA, I provided at the DPI counter my SA licence and an address, 'oh you are Navy, you don't need to change that licence until it expires', 'thank you I said, I had done my research and already knew that'.
About 12 months later I traded in and brought a new RA Rodeo, once again, using my SA licence at the dealer, and also at the DPI for my personalised plates.

Before replying here, I have checked the appropriate ADF document for currency and it's content.

Cheers,
Dion.
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FollowupID: 696781

Follow Up By: Maîneÿ . . .- Wednesday, Aug 04, 2010 at 23:54

Wednesday, Aug 04, 2010 at 23:54
Dion,
WE are *not* talking about ADF personnel, we are talking about normal people who are traveling Australia, people who have generally retired and are enjoying their lifestyle traveling around Australia.

I know what it is for the rest of us, ( not ADF ) as I'm one of them and have been in the situation where I needed to know the correct answer.

Yes, 3rd party is paid with registration, BUT will not be paid out if the driver is UNLICENSED, just as Comprehensive insurance is not paid out either, make a simple phone call and find out the facts for yourself.

Maîneÿ . . .
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FollowupID: 696785

Follow Up By: Dion - Thursday, Aug 05, 2010 at 07:43

Thursday, Aug 05, 2010 at 07:43
I haven't mentioned being UNLICENCED, but please please can you chuck the redneck spelling of Licence!

I used ADF as an example, because you made it pretty clear that it was ablanket ruling with no exceptions. ADF is but one authorised exception, there are more.

Perhaps you need to get on the blower and discover the 'facts' fpr yourself, you may be pleasantly surprised, instead of spreading "ALARMIST" stuff that comes out of the south end of a northbound cow.

Cheers,
Dion.
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FollowupID: 696793

Follow Up By: Maîneÿ . . .- Thursday, Aug 05, 2010 at 08:22

Thursday, Aug 05, 2010 at 08:22
Dion,
It's not a blanket ruling, it's only about people traveling Australia, as I've stated.

I said the 3rd party insurance will not be paid if your driving with an invalid licence, that's a fact, that means it's true and correct.

You obviously don't understand English to well, as I’ve also said I have phoned the Insurance commission too, I’ve also placed a link to them here with relevant information.
Talk about the "stuff that comes out of the south end of a northbound cow", you know all about it.

Maîneÿ . . .
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FollowupID: 696795

Follow Up By: Roach"ee" - Thursday, Aug 05, 2010 at 08:43

Thursday, Aug 05, 2010 at 08:43
So, Mainey, please comment on this hypothetical situation:

I am a grey nomad on a BIG LAP of the "block". My plan is to spend 9 months in WA....my home state is SA.

So, I leave SA with my SA licence (which is set to expire in 2015). I spend 7 months travelling around WA; few weeks here, few weeks there, but no more than that in any one town.

After being on WA soil for 7 months I have an accident which requires a 3rd Party claim.

Are you seriously trying to tell me that my licence will be considered invalid ?? To start with, if I was asked where I live, I would confirm that I still live at the address shown on my licence and rego papers. If I was asked how long I've been in WA, I would simply state that I have been touring the state of WA for several months.

I guess I could lie and say that I've only been in WA for 2 weeks, but if they got serious they could check my bank account activity and see that I've been using my c/card all over the place and/or withdrawing cash from WA ATMs.....so I would try to avoid that.

Now, let's say that I wanted to follow your idea and change my licence over to a WA licence. As far as I know, they won't give you a licence if you do not have a permanent address in WA...... I admit that I am guessing with that comment.....I can't amagine them giving me a licence with the address block showing the words: NO FIXED ABODE (but maybe I'm wrong).

I still think you are being an alarmist and that for all practical intents and purposes you would keep your own original licence.

I don't know why I'm even discussing this as I'm about 10 years away from hitting the road on my long-planned BIG LAP
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FollowupID: 696797

Follow Up By: Nargun51 - Thursday, Aug 05, 2010 at 10:07

Thursday, Aug 05, 2010 at 10:07
What is the legal definition of residing in a state for the purposes of having a licence? The definition of a bona fide traveller?

This whole argument rests on these definitions.

What is the legislation in each State that defines this?

Any interpretation of legislation must be made in relation to all applicable State and Federal legislation and Common Law precedents. What are these in regards to this matter?

As this Constitution allows for free trade and movement between the states I would suggest that any failure to pay third party insurance claims in one state for bone fide travellers would have ended up in the High Court and would therefore be reported. The same would be true of recognising licences between States.

Expressing opinions of a legal nature without providing factual legal opinion or supporting evidence is scare mongering.

Mainey; you have spoken to the Insurance Commission and posted a response given by them. For us to properly assessment your answer, could you please provide us with details of the question you asked, the position held by the person you were talking to and her qualifications to provide legal advise?

Heaven protect us from Bush Lawyers (and Bush technicians)!
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FollowupID: 696803

Follow Up By: Maîneÿ . . .- Thursday, Aug 05, 2010 at 12:54

Thursday, Aug 05, 2010 at 12:54
Nargun51
is just as easy for you to ask google your question, and get answers, as I'm *positive* if I post my experiences here you will still not believe me.
(maybe read the Roachee reply that I will put up now)

Maîneÿ . . .
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FollowupID: 696815

Follow Up By: Nargun51 - Thursday, Aug 05, 2010 at 13:14

Thursday, Aug 05, 2010 at 13:14
You chose to express the opinion, not me.

I'm just asking what basis you have formed your opinion before placing any credence to it.

Without you offering any legal or even logical basis for your opinion, I will therefore dismiss it (dare I say this on this forum) as a waste of electrons and the minutes I spent reading it.

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FollowupID: 696816

Follow Up By: get outmore - Thursday, Aug 05, 2010 at 15:57

Thursday, Aug 05, 2010 at 15:57
Roach"ee"

in answer to your question

from personal experience, the police will ask you
a) how long have you been in WA for
and

b) do you work in WA

if the answer is greater than 3 months or if you work in WA

I was told to both get a WA license (I had one but you could hold both an SA and WA license at the time and showed them my SA license)

and register my vehicle in WA (was SA registered)

they certainly will issue a license to a non permanant address - My address was the golden village caravan park and after that the pistol club

as to weather your covered for 3rd party
I dunno
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FollowupID: 696823

Reply By: dazza62 - Wednesday, Aug 04, 2010 at 15:51

Wednesday, Aug 04, 2010 at 15:51
This might help for those escaping to the wet and cold

Site Link

AnswerID: 426174

Follow Up By: Member - Graham H (QLD) - Sunday, Aug 15, 2010 at 16:46

Sunday, Aug 15, 2010 at 16:46
On reading that one of the requirements is that you produce a document relating to your residency in Vic EG a rent or insurance certificate.
If you are not "Living" there you wont have them so cant be a "resident".


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FollowupID: 697945

Reply By: ben_gv3 - Wednesday, Aug 04, 2010 at 16:05

Wednesday, Aug 04, 2010 at 16:05
I asked the NSW RTA about this a while ago when I was working for the Federal Govt and got moved interstate 6 months at a time. The lady behind the counter said not to worry about changing licenses as it's a waste.

I think it would've been a huge pain in the bum if I actually complied to state regs and changed licenses, and regos 6 times in the 3 years.
AnswerID: 426176

Follow Up By: Member - Fred B (NT) - Wednesday, Aug 04, 2010 at 17:20

Wednesday, Aug 04, 2010 at 17:20
with the expense to go with it...
regards
Fred B
VKS 737: Mobile/Selcall 1334

Lifetime Member
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FollowupID: 696751

Follow Up By: Maîneÿ . . .- Wednesday, Aug 04, 2010 at 19:02

Wednesday, Aug 04, 2010 at 19:02
ben,
Obviously she did not tell you what the consequences were if you had an accident ??

Maîneÿ . . .
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FollowupID: 696757

Follow Up By: Dion - Wednesday, Aug 04, 2010 at 23:04

Wednesday, Aug 04, 2010 at 23:04
What would those consequences be Mainey?

3rd party insurance is associated with the registration of the vehicle. If you have a legal valid licence for the class of vehicle, then 3rd party insurance cannot be denied for that reason.

Cheers,
Dion.
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FollowupID: 696782

Follow Up By: Maîneÿ . . .- Wednesday, Aug 04, 2010 at 23:14

Wednesday, Aug 04, 2010 at 23:14
Dion,
We are talking about NOT having a valid license

Maîneÿ . . .
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FollowupID: 696784

Reply By: Happy Frank - Wednesday, Aug 04, 2010 at 16:24

Wednesday, Aug 04, 2010 at 16:24
In SA the Motor Vehicles Act allows visiting motorists to drive on their interstate licence in SA. I believe each state would have a reciprocal law. If you have resided in the state for three months or more you would need to get the appropriate state's licence. Clearly if you are visiting on your "Big Lap" you do not need to change licence or rego. If you are living there you need to change within the three months.
AnswerID: 426178

Reply By: Michael ( Moss Vale NSW) - Wednesday, Aug 04, 2010 at 17:34

Wednesday, Aug 04, 2010 at 17:34
Who would know where you have been and how long you have been in which state... you can drive across OZ in 4 days!!! Its not an issue at all ! Michael
Patrol 4.2TDi 2003

Retired 2016 and now Out and About!

There's time to rest when you're dead,
Get out and do something instead!

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AnswerID: 426182

Reply By: Michael ( Moss Vale NSW) - Wednesday, Aug 04, 2010 at 17:34

Wednesday, Aug 04, 2010 at 17:34
Who would know where you have been and how long you have been in which state... you can drive across OZ in 4 days!!! Its not an issue at all ! Michael
Patrol 4.2TDi 2003

Retired 2016 and now Out and About!

There's time to rest when you're dead,
Get out and do something instead!

Member
My Profile  My Blog  My Position  Send Message

AnswerID: 426183

Reply By: Skippy In The GU - Wednesday, Aug 04, 2010 at 17:48

Wednesday, Aug 04, 2010 at 17:48
We have had this discussion before and also information about Voting
AnswerID: 426185

Reply By: Alloy c/t - Wednesday, Aug 04, 2010 at 17:58

Wednesday, Aug 04, 2010 at 17:58
The law is pretty clear on this issue in ALL states and territories ,that being if you live in the 1 state for a 3mth period you are obliged by law to change your licence+ rego to that state , all part of state revenue raising , in practice its a non issue to travelling and doing a lap or 3 as long as your not actually "residing"in the one spot for over the 3mths ,, as for 3rd party insurance there is NO obligation to use the state of residence insurance company , all 3rd party insurance is Australia wide.
AnswerID: 426186

Follow Up By: Maîneÿ . . .- Wednesday, Aug 04, 2010 at 19:10

Wednesday, Aug 04, 2010 at 19:10
Alloy,
Yes, the statement on 3rd party insurance being Aust wide is correct, but the Insurance Commission do use the fact you’re not registered to drive in a state without a valid license to avoid payment .

I asked the direct question today for a comprehensive answer and was advised “we will use whatever the law avails to avoid payment”

Maîneÿ . . .
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FollowupID: 696758

Reply By: caseh - Wednesday, Aug 04, 2010 at 18:59

Wednesday, Aug 04, 2010 at 18:59
Greetings. Excuse my ignorance here but are we talking stamp duty here? my scenario is that we wish to purchase a 4x4 motorhome in Australia. Should we find one in any state other than WA, than we want to drive the vehicle across to WA and have it registered there as my son and his family lives in Margaret River. From there we wish to see Oz in a bit more detail than we have in recent years. If we buy the vehicle in say Queensland do we only pay stamp duty once in WA. Many thanks, Cheers, Case in.
AnswerID: 426189

Follow Up By: CassT - Wednesday, Aug 04, 2010 at 19:59

Wednesday, Aug 04, 2010 at 19:59
I would like to thank everyone for there input
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FollowupID: 696764

Follow Up By: fisho64 - Wednesday, Aug 04, 2010 at 21:13

Wednesday, Aug 04, 2010 at 21:13
buy the vehicle in Qland, transfer it there and the stamp duty is about 1/3 of WA.
When you get it to WA you put it over the pits ($56 I think), get a refund from Q land rego and register here.
You do NOT have to pay Stamp Duty here if the vehicle is already yours. But you will if you buy it in your name and transfer to him here.
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FollowupID: 696775

Follow Up By: caseh - Thursday, Aug 05, 2010 at 06:30

Thursday, Aug 05, 2010 at 06:30
Greetings. Thanks for your reply. Now just hoping that the right vehcle will become available in Queensland. Rather pay the third!. Cheers, Case
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FollowupID: 696789

Reply By: fisho64 - Wednesday, Aug 04, 2010 at 21:16

Wednesday, Aug 04, 2010 at 21:16
I was under the impression that you could use a valid foreign (ie NZ, interstate) licence for up to 3 months here if "domiciled" and 12 months if holidaying. Same with rego.

"Domiciled" is of course open to interpretation by whoever has the best lawyer after an accident though.
AnswerID: 426211

Reply By: snapper49 - Wednesday, Aug 04, 2010 at 22:24

Wednesday, Aug 04, 2010 at 22:24
hmmm 6 different countries equals australia-lol
why the hell dont we have an australian driving licence
AnswerID: 426219

Follow Up By: dazza62 - Wednesday, Aug 04, 2010 at 23:04

Wednesday, Aug 04, 2010 at 23:04
The idea is brilliant but will never happen for two reasons:-

1. State Governments don't want to loose control or the revenue.

2. Their is not enough Victorians willing to move to Queensland to act as chauffeurs to drive all the Queenslanders around that wouldn't pass the National Test. LOL
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FollowupID: 696783

Follow Up By: John T - Thursday, Aug 05, 2010 at 10:40

Thursday, Aug 05, 2010 at 10:40
I have checked the WA site and it states the following:

Receiving an injury doesn’t mean you can automatically claim compensation. You
may not be able to claim if:
• you were totally at fault;
• the person at fault was not the owner or driver of a motor vehicle
(e.g. a pedestrian or push cyclist); or
• the person at fault was the driver or owner of a vehicle registered in another
State or Territory.
However, if the vehicle at fault is unidentified or unlicenced, you may still be able
to make a claim.
If the vehicle at fault was registered in another State or Territory, you
will need to contact the relevant Compulsory Third Party insurer in that
particular State or Territory for information about making a claim.
Our website has all the relevant contact details or we can help you
over the phone.

I was unable to find where it states you need to have a WA licence if touring WA, or it is an offense to do so.
Hope this helps
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FollowupID: 696807

Reply By: Maîneÿ . . .- Thursday, Aug 05, 2010 at 13:43

Thursday, Aug 05, 2010 at 13:43
My experience:

While starting my lap back in 1996, I was in Esperance WA, I did a ‘u’ turn in a main street, a nice Policeman on a motorbike stopped me, asked where I lived and how long I had been in WA etc, reasonable 'small talk' before telling me anything else, I was thinking he is a nice guy, then he come down heavy because I could not give him a ‘home’ address in WA, I was driving on a Vic licence, and cautioned me about doing ‘u’ turn.

He then told me to go to the licence office in the same street we were in to get a new WA licence, he also drew a mudmap to the guy that would give me the vehicle RTA registration checkover too, he followed me and parked out front of the licence office (maybe so I not get lost as I was on Vic licence)

I went in and told the (nice) people behind the desk of my predicament, we looked at the nice Policeman still astride his large motorbike looking at us and we had a few laughs at my expense.

I had a new photo taken, and the first question is “where do you live” when I tell them I spent the last few nights on a beach just out of town they cracked up and explained I had to have a home address in WA to be able to get a licence there.

So being caught in between a rock and a hard place, with nothing to loose as they had my Vic licence, I told them I lived @ Highway 1 Perth 6000.

So they gave me a licence Image Could Not Be Found
Unfortunately the nice Policeman was still waiting, so I showed him the new licence as I walked to my vehicle and smiled outwardly at least, he then told me to go to RTA inspection mechanic and yes he followed me again, the guy there explained he would not even look at my vehicle because as he pointed out from the workshop that the wheels and tyres (Yokohama Super diggers) I had were not suitable, according to WA law, he waved at the nice Policeman and he then left, the mechanic advised me to get new rims and tyres and return asap, bugga, I've just realised I've forgotten to return Grrr.

Maîneÿ . . .
AnswerID: 426256

Follow Up By: get outmore - Thursday, Aug 05, 2010 at 16:02

Thursday, Aug 05, 2010 at 16:02
so if it was in 96 why do you have a photo on your license?
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FollowupID: 696824

Follow Up By: Maîneÿ . . .- Thursday, Aug 05, 2010 at 16:31

Thursday, Aug 05, 2010 at 16:31
"While starting my lap back in 1996, I was in Esperance WA"

Now the date of the licence is more relevant than the topic ??

Maîneÿ . . .
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FollowupID: 696826

Follow Up By: get outmore - Thursday, Aug 05, 2010 at 18:31

Thursday, Aug 05, 2010 at 18:31
well that cleared things up (not)
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FollowupID: 696842

Follow Up By: Maîneÿ . . .- Thursday, Aug 05, 2010 at 21:09

Thursday, Aug 05, 2010 at 21:09
get outmore,
why should I not have a photo on my licence?
Everyone in WA has a photo on their licence.

OK, what is it you want or need to see to *clear up* what you obviously don't understand ??

I will do everything I can to ensure you understand everything.

Maîneÿ . . .
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FollowupID: 696863

Follow Up By: get outmore - Friday, Aug 06, 2010 at 13:32

Friday, Aug 06, 2010 at 13:32
No not everyone did have a photo on their license in 96

(yes they do now)

thats the first WA license ive seen from that era with a photo certainly neither I or others i knew had one
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FollowupID: 696925

Follow Up By: Maîneÿ . . .- Friday, Aug 06, 2010 at 15:42

Friday, Aug 06, 2010 at 15:42
get outmore,

have you still got YOUR 1996 licence ??

I'm dam sure I don't, what makes you believe I would still be using a licence that is 14 years old ??

Now hope that clears up the matter for you :-)

Maîneÿ . . .
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FollowupID: 696937

Follow Up By: Begaboy - Saturday, Aug 07, 2010 at 09:42

Saturday, Aug 07, 2010 at 09:42
nice address - would have been even funnier if you had made it 123 Fake street
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FollowupID: 697040

Follow Up By: Maîneÿ . . .- Saturday, Aug 07, 2010 at 10:23

Saturday, Aug 07, 2010 at 10:23
Begaboy,
I did not want to lie and be charged for telling an untruth .. LOL

I told the truth, it was accepted by stealth, goes to show some people can unknowingly assist you even to the detriment of logic :-)

It was true & correct at the time, as I was traveling & living on "Highway 1"

I've been stopped and had to show my licence twice, I was asked once "do you live here" and I said yes, because I was traveling and was actually standing on "Highway 1" even at the time when he asked me LOL

Maîneÿ . . .
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FollowupID: 697042

Reply By: Tim - Friday, Aug 06, 2010 at 02:12

Friday, Aug 06, 2010 at 02:12
To keep it short and simple and for NSW only....

The licence does not become an issue unless you "reside" in NSW for more then 3 months. If you leave the state within the 3 month period, the counter resets. Reside is open to debate as to whether it means "perm. live here" or travelling through but staying for longer etc etc.
Sourced from the Road Transport (Driver Licencing) Act

NSW exempts certain vehicles from registration. An example is rural fire fighting trucks, another example is motor vehicles which are registered interstate and are "temporarily" in NSW ie, passing through. So if you were to move here from interstate with a QLD registered car, once you move and the car is here for good, in theory and very technically you are no longer registered as you are not exempt from being registered in NSW. That may be where the green slip thing that some people have mentioned comes into play.
Sourced from the Road Transport (Vehicle Registration) Act.

I hope that answers more questions then it creates.

Tim
AnswerID: 426309

Reply By: Graham & Ann - Friday, Aug 06, 2010 at 20:19

Friday, Aug 06, 2010 at 20:19
Anyone on the road may want to consider the legislation both state and federal that covers 'itinerant' workers.....some of it is similar to the ADF provisions.
AnswerID: 426388

Follow Up By: Maîneÿ . . .- Friday, Aug 06, 2010 at 20:27

Friday, Aug 06, 2010 at 20:27
Graham & Ann,
is it also directly relevant to people traveling Australia ?
those people who are not claiming to be 'itinerant' workers ?

Do you have a webpage link?

Maîneÿ . . .
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FollowupID: 696962

Reply By: Member - Graham H (QLD) - Thursday, Aug 12, 2010 at 09:23

Thursday, Aug 12, 2010 at 09:23
Alright enough of the sniping and false information.

I asked the question about this in relation to a question on the 4WD forum where a guy was moving to Queensland but leaving the vehicle registered in his fathers name in NSW.
Reason the vehicle was modified beyond the ability to be legal in QLD.

Here is the answer I have just recieved this very minute


Dear Mr Hill

Thank you for your correspondence received via our Fast Info Website regarding proof of address requirements for vehicles registered in Queensland.

Under the national standards adopted by all States and Territories, a vehicle's garage address determines the state where it must be registered. This ensures that the funding for roads is collected in the state where the vehicle is used on the road. While all States and Territories have mutual recognition of registration for visiting interstate vehicles, if the permanent garage address changes to another State or Territory, the vehicle must be registered in that State or Territory.

All vehicles with interstate registration must be registered in Queensland 14 days after Queensland becomes the vehicle's permanent garaging address. In addition, vehicles over 4.5 tonnes gross vehicle mass must be registered in Queensland if the vehicle has been operating in Queensland for a continuous period of three months. An interstate registered vehicle being used in Queensland after either of these time periods is considered unregistered under Queensland law.

Temporary visitors from interstate are not required to register their vehicles in Queensland.

It is the responsibility of vehicle owners, operators and drivers to ensure that vehicles are properly registered. Various vehicle details are checked during random roadside vehicle interceptions conducted by Queensland Police and Transport Inspectors and this includes confirming registration details. Any offences detected are acted on by either issuing an infringement notice or prosecution action. In instances where an interstate registered vehicle is detected 14 days after the garage address has been changed to Queensland, an infringement notice for using an unregistered vehicle is issued.

Should the vehicle be registered in Queensland, it would be necessary for the registered operator to present a Queensland Safety Certificate at the time of registration.

I trust that the above is of assistance. If you have any further queries, please feel free to contact me using the details below.


The point is THE GARAGING ADDRESS and in another thread Tasmania was asked what constituted a "Permanent Residency"

The answer was " One where you can produce a utlities account or insurance account for the address"

So in either situation if you are "VISITING" you are NOT a RESIDENT and therefore do not need a change of licence.

Hope that clarifies things


AnswerID: 427005

Follow Up By: Roach"ee" - Saturday, Aug 14, 2010 at 23:23

Saturday, Aug 14, 2010 at 23:23
Graham,

Your last couple of paragraphs cover what I was trying to get across in my above responses to Mainey.

If I still own a house in SA, have power bills, rates notices etc etc still going there, then as far as I'm concerned THAT is my place of permanent residence. If the wallopers ever pulled me up in a foreign state and asked me how long I've been in that state, I would say 7 (for example) months BUT, I have been driving back to SA every 2 weeks to see a sick relative (or whatever). They would then find it extremely difficult to enforce a change of licence and rego......although I still believe you shouldn't have to lie about it anyway. What sort of communist country is this becoming if we can't travel freely from one state to another without changing our residency status.

Now, IF the states ever instigated a passport/visa system at state borders, THEN it could become a different situation entirely. Heaven forbid.
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FollowupID: 697875

Follow Up By: Member - Graham H (QLD) - Sunday, Aug 15, 2010 at 08:34

Sunday, Aug 15, 2010 at 08:34
Yes and in our case we had sold our house so had "no permanent address"

When I enquired at QLD RTA when i was registering my new van in Qld I was told I must have a "STREET ADDRESS" NOT A" BOX NUMBER"
so I used my friends who was forwarding our mail.

That then became the GARAGING ADDRESS so if I was interstate I would always be a "visitor".

The vehicles are insured on an "Anywhere in Australia" basis so presumably that takes care of that.


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FollowupID: 697885

Follow Up By: Maîneÿ . . .- Sunday, Aug 15, 2010 at 15:58

Sunday, Aug 15, 2010 at 15:58
coppied from above;
"Various vehicle details are checked during random roadside vehicle interceptions conducted by Queensland Police and Transport Inspectors and this includes confirming registration details.
Any offences detected are acted on by either issuing an infringement notice or prosecution action.
In instances where an interstate registered vehicle is detected 14 days after the garage address has been changed to Queensland, an infringement notice for using an *UNREGISTERED vehicle* is issued."



I'm positive you will find this action will void your your vehicle insurance.
Because when you filled out the original insurance applications you have claimed the vehicle is legally registered.

Maîneÿ . . .
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FollowupID: 697938

Reply By: Member - Graham H (QLD) - Friday, Aug 13, 2010 at 19:41

Friday, Aug 13, 2010 at 19:41
Bump

As no one has expressed an opinion on a definite ruling by a relevant authority.

Wonderful how things go quiet when faced with the truth


AnswerID: 427151

Follow Up By: Maîneÿ . . .- Sunday, Aug 15, 2010 at 09:22

Sunday, Aug 15, 2010 at 09:22
Graham,
speaking for myself, I don't know of "a definite ruling by a relevant authority"
So if you do, please post it here, everyone will then be "faced with the truth" :-)

Maîneÿ . . .
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FollowupID: 697888

Reply By: Member - Graham H (QLD) - Sunday, Aug 15, 2010 at 09:32

Sunday, Aug 15, 2010 at 09:32
Must be too early for you Mainey Read the single sentence in the middle of the reply from QLD RTA

It says VISTORS to Queensland are not required to register their vehicles in Queensland.

Therefore If YOU come over for a visit and stay 6 months with friends you are a visitor as you have a GARAGING address in WA.

The reply didnt state any length of time you may visit for and is similar to Tassie which said to be a resident you must have a utilities account from an address otherwise presumably you are a "Visitor"

Same applies in QLD if you live there and work there you are required to register the vehicle there.

The original question that I enquired about was about a guy who was going to move to QLD but leave the vehicle registered in someone elses name in NSW.
They didnt quite provide an answer specific to that question so am going to ask again


AnswerID: 427272

Follow Up By: Member - Graham H (QLD) - Sunday, Aug 15, 2010 at 16:40

Sunday, Aug 15, 2010 at 16:40
MAINEY

You miss the point entirely Also copied from my reply from RTA

"Temporary visitors from interstate are not required to register their vehicles in Queensland. "

And

" While all States and Territories have mutual recognition of registration for visiting interstate vehicles, if the permanent garage address changes to another State or Territory, the vehicle must be registered in that State or Territory."

It means if you Live there and have a permanent address that you pay rates or electricity or insurance or have a lease for it.

Its the address you show on your registration and insurance papers as to where ITS GARAGE ADRRESS IS. that matters

If you are on an extended holiday you are a visitor you are not LIVING There so you wont have a garaging address in any state but your home one.

However I have asked the following question of them

" He is going to have the vehicle registered IN HIS FATHERS NAME in NSW. This technically leaves it as a NSW vehicle when its not really

Is this legal or not and how is his CTP affected by using the vehicle for an extended period in a State other than the one it is registered in.

IE. Does CTP cover you Australia wide regardless of where the vehicle is registered and how long it is away from that State.

This also could affect Grey Nomads who spend long periods away from their home State."

Will that satisfy you.

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FollowupID: 697944

Follow Up By: Member - Graham H (QLD) - Sunday, Aug 15, 2010 at 17:06

Sunday, Aug 15, 2010 at 17:06
Also you admit earlier in the post to driving a Vic registered vehicle rather than register it in your home state of WA. After a certain period that also is illegal.

If you hit someone and its noticed you have been driving it for longer than legal in WA you will need a very big shovel

Surely that is more illegal than us poor Nomads not changing our licences over everytime we cross a state border.

also from the WA RTA website


To be able to drive on WA roads with an interstate licence you must: have a licence that is not suspended, cancelled or disqualified; carry your licence on you at all times and drive only those vehicles that your licence allows comply with any other conditions of your licence.

Visitors may drive on their interstate licence for up to 12 months from your arrival or until you licence expires. If you intend on becoming a permanent resident of WA you will be required to obtain a WA licence within three months of your arrival. To do this you will be required to provide the appropriate identification along with proof of residence in WA.

So there you have it A clear definite statement from the relevant authority


If you dont believe it here is the link and the info for ALL STATES

http://www.australianexplorer.com/australian_drivers_licensing.htm.


To prove residency you must have the documents I stated and visitors DONT have them.

Happy now.


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FollowupID: 697948

Follow Up By: Member - Graham H (QLD) - Tuesday, Aug 17, 2010 at 15:36

Tuesday, Aug 17, 2010 at 15:36
Further to the above I have this today from RTA QLD

Thanking you for your response to my previous email.

In Queensland, the registered operator of a vehicle does not indicate that this is the legal owner of the vehicle.

The Transport Operations (Road Use Management - Vehicle Registration) Regulation 1999, recognises visiting interstate registered vehicles. Temporary visitors from interstate who do not have a permanent address in Queensland are not required to register their vehicles in Queensland. However, once a vehicle is garaged permanently in Queensland, it must be registered within 14 days. Accordingly, if the vehicle you have mentioned is permanently garaged in Queensland, not New South Wales, the registered operator is committing an offence if he/she does not register the vehicle in Queensland.

Department of Transport and Main Roads has a policy in place which enables a person to report vehicles that are detected of being permanently garaged in Queensland with interstate number plates attached. Reports will be accepted, provided people offer their name, address and telephone contact and supply specific details of the vehicle being reported. The information required includes registration number, make, model and colour of the vehicle, location date and time of sighting. All complaints should be in writing to the Senior Transport Inspector, of the department's regional office where the vehicle was sighted. Any case of interstate vehicles operating in Queensland for prolonged periods will be investigated and appropriate action taken.


In Queensland, Department of Transport and Main Roads act as a collection agent for the relevant CTP insurers. For further information on the CTP your questions should be directed to the Motor Accident Insurance Commission, GPO Box 1083, Brisbane Qld 4001, or by visiting their web site www.maic.qld.gov.au.

I trust this information will be of assistance.
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FollowupID: 698151

Reply By: Member - Graham H (QLD) - Friday, Aug 20, 2010 at 15:30

Friday, Aug 20, 2010 at 15:30
Gone all quiet again hasnt it.

From QLD 3rd party CTP today.

They say that we are covered NATIONWIDE by CTP as long as the vehicle is currently legally registered in QLD.

They referred me to QLD RTA for licence enquiries.
As it seems the requirement to change your license to each state is proof of residence, it seems the arguement of illegality is invalid as a grey nomad would always be a visitor for up to and maybe past 12 months.

However in my earlier reply from them it says that if you LIVE (as in paying utilities or insurance or rates) in a state you must change the rego of your vehicles over to the state of residence within a set time.

Whether its registered in your name or not If you "operate" it you have to do it.

Failure to do so will render the vehicle illegal.

Therefore, on two counts, Mainey, your VIC registered vehicle would be illegal

Firstly if it has been there past the required changeover period and secondly because of modifications is illegal in WA.

More to worry about than us moving around your very nice area I would think.


So basically the answer to the OP's question is NO YOU DONT as long as you have a GARAGING ADDRESS in your HOME STATE.

We are house sitting for 8 months in Coffs and arent changing anything as my vehicles are registered in Queensland and I pay rates and power on my residence up there so am a resident ofQueensland.


AnswerID: 427855

Follow Up By: Member - Graham H (QLD) - Friday, Aug 20, 2010 at 15:43

Friday, Aug 20, 2010 at 15:43
This paragraph covers it also

QUOTE "Under the national standards adopted by all States and Territories, a vehicle's garage address determines the state where it must be registered.

This ensures that the funding for roads is collected in the state where the vehicle is used on the road.

"While all States and Territories have mutual recognition of registration for visiting interstate vehicles"

, if the permanent garage address changes to another State or Territory, the vehicle must be registered in that State or Territory. UNQUOTE"


So its the PERMANENT GARAGING ADDRESS that counts.

If you dont change it to another state you are licenced and covered.

End of story.
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FollowupID: 698512

Reply By: nickb - Sunday, Aug 22, 2010 at 22:54

Sunday, Aug 22, 2010 at 22:54
I had been living in SA for approx. 12 months when I had my vehicle written off in a head on collision.

My driver's licence was WA and my vehicle regoed in WA. The other driver was a German tourist with an international licence and his imported car had a VIC permit for registration.

My vehicle insurance paid out in about 2 weeks and third party injury insurance will be paid shortly, they are still sorting out the paperwork.

Not sure if that helps, just my experience.
AnswerID: 428095

Follow Up By: Member - Graham H (QLD) - Monday, Aug 23, 2010 at 09:40

Monday, Aug 23, 2010 at 09:40
You are very lucky Read this


South Australia (SA)

For interstate residents now residing in South Australia you have three months after arrival to surrender your interstate licence and obtain a SA licence. Applications can be made to your nearest customer service centre (links to this address will follow below). You will need to bring: your interstate licence; proof of identity showing residence, age and your signature and a medical certificate if required.

If you are an overseas visitor looking to reside in SA you also have three months to surrender your overseas licence and obtain one from SA. Due to similar driving standards in some countries you may not have to complete any further testing to obtain the SA licence, there is a list of pre-approved on the second link included below. If the country that issued your licence is not on this list you will be required to sit a written test, after which, you will receive a temporary one month licence. Within this one month period you must book and complete a driving test. The identification requirements for this application are the same as for interstate residents. For more information visit:

http://www.transport.sa.gov.au/licences_certification/drivers/interstate_residents.asp http://www.transport.sa.gov.au/licences_certification/drivers/overseas_residents.asp

















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FollowupID: 698795

Follow Up By: nickb - Monday, Aug 23, 2010 at 21:06

Monday, Aug 23, 2010 at 21:06
Maybe I was lucky.

My sister moved to NSW for 3 years from WA, didn't change vehicle rego/driver's licence, she also had no dramas.

Mountain out a molehill I reckon. Would have to be unlucky to get stung. More important things to worry about.

Hopefully I haven't jinxed myself!!!

Some police say they could defect a new car if they wanted too, never happens though.

Just my experience/opinion.
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FollowupID: 698879

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