in answer to bitsy-boffin, yes he has to travel straight home. We asked for an exemption till 11pm, but the judge made it 11.30pm. So what is that telling us about the law. The Judge said that would allow for any hold ups. My grandson is not a law breaker, just a great focused kid. He is usually home by 10.40pm. and the exemption is only for the duration of the show. Thank goodness he will be able to get his full licence before the next one, his parents have said if they had thought he would not get exempted they wouldn't have let him do the show. So who would miss out then. You afre right the laws are broad, hence the ability to have an exemption
jenny188,
Dec 3, 9:14am
Tried the same last year so son driving to same school could take a girl in our care with him. This too, was declined. we just gave up. He 100% clean license.
kazbanz,
Dec 3, 9:20am
Valb-I was about to post.WHATS YA PROBLEM LADY! Then I reread your OP and the more indepth post andI'm now seriously scratching my head here. Rules are indeed rules -there to stop newer drivers being out driving for "fun" late at night. The rule IMO is a good sensible rule thall allows for most situations. What I can't comprehend is why when presented with a clear case regarding employment that an extention wasn't grantedwith specific timesand routes.I feel the desk jocky concerned should be forcedto justify their decision
valb1,
Dec 3, 10:01am
In reply to kazbanz. The LTA were presented with all the information about what he was doing and why. Including a letter from the Director of the show. Interestingly it turns out they have to prove it is unsafe, and on each specific case not just generalise as they did. To the lady who was turned down, they rely on people who give up easily. It is certainly very frustrating the stone wall you face. We were very lucky to get a Barrister called Trevor Leigh, who went straight to the facts, and the Judge who has no problem with our request at all. Bearing in mind that my grandson only has himself in the car. My advice is do not give up until every avenue is exhausted, especially if you know you are right. Govt. noddies rely on the power they have. I haven't finished with them yet, watch this space
valb1,
Dec 3, 10:04am
by the way he has also completed a defensive driving course. What more do they want. They told us that less than a third of applications are granted. Surely there isn't a quota system in place one wonders!
kazbanz,
Dec 3, 10:56am
I'm guessing its a specific exemption--ie an extra 2 hours at night.
lugee,
Dec 3, 12:56pm
I'd just do it anyway. When I was on my restricted I was let off a few times after hours, providing I was heading home and has no one else in the car.
valb1,
Dec 3, 2:28pm
In answer to kazbanz yes he can drive the four nights of the show Wednesday to Saturday for three weeks, and has to be home by 11.30pm We asked for 11am as the show ends at 10 give time to shut things down and he could be home by then easily but the Judge gave him to 11.30pm only for the time the show in on, which is all we wanted. In answer to lugee many people including several police told us to do just that. The problem is that you then have no insurance if anything should go wrong, and we don't really want to encourage him to break the law. He will not have anyone else in his car, which in not a hoon car, he doesn't smoke, drink or take drugs. He has only one small test to do to be ac cepted as an air traffic controller, so that should tell you something about his character
valb1,
Dec 3, 2:30pm
sorry forgot to tell you his age. He is 16 has NCEA level 3 and can apply to sit his full licence in January
tigertim20,
Dec 3, 2:30pm
the fact that HIS son has a legitimate job, and set hours. the fact that he doesnt want an exemption just to cruise around aimlessly. And whats with that attitude anyway! - the POINT of exemptions is to acknowledge that there are perfectly legit reasons for a person to want/need and exemption.
valb1,
Dec 3, 4:29pm
thankyou to tigertim20
morrisman1,
Dec 3, 7:01pm
when I was that age I was going to get an exemption because my work frequently finished in the early hours of the morning but I figured that no cops gunna pull up a morris minor anyway!
roz12,
Dec 3, 7:23pm
its all decided in wellington by people who dont know what its like to not have public transport service avaliable to them. used to be done in chch by a lady who grew up in the country and knew what it was like to need a car for work or school
valb1,
Dec 4, 7:46am
thankyou roz12 I understand that it is now decided in Palmerston North, but probably the same applies. I found their attitude very dogmatic, and they placed as many obstacles in the way as they could. It didn't seem to matter what you said or did, the answer was no regardless. The fact that two District Judges have now gone against them, and in the matter of the legislation would lead one to hope they will revise their position, or do you think it will take more effort on my part to make that happen. Incidentally on the form you fill in is says they will not take account of inconvenience or hardship. Funny thing the judge did.
usdefault,
Dec 4, 8:31am
There are many many kids who are in the same position, but don't have rich parents/grandparent who can hire barristers or solicitors to fight little Timmys case.
valb1,
Dec 4, 6:03pm
Thankyou usdefault. And nor should they have to. The law should be working for them not against them. Especially as the frat bags do it anyway which the judge mentioned. That is why I am going to pursue this thing with the LTNZ, to get a reasonable justice for "little Timmy"
valb1,
Dec 12, 6:03am
Well the show is over, and amazingly he did not turn into a stastitic asthe noddies at NZTA thought he would. He safely drove himself "after the magic 10am" each night and even thanks to a very generous judge was able to stay until 11am on the last night for the cast party. He is now off to do a "paid" gig, which seems to be the difference for them.! This one gets him home at 9am, so no need to do battle with "them", This week he is going to apply for an exemption to sit his full licence, which as he started under the old system he is entitled to do. As it is the same form and goes to the same place, it will be interesting to see what they do about that. Our Barrister has said that if they turn him down he will personally take them to court again. What are the chances do you think!
smac,
Dec 12, 6:59am
Actually valb1, that's where you are wrong, and I think it's the source of your frustration.
It's unfortunate you had to go to the these lengths to achieve what you have, and well done for being persistent.However, the outcome of this does not necessarily mean that the system is broken, of that somebody didn't do their job, or anyone was trying to obstruct you.
The law is NOT there to work for you, it's there to work for the masses, which at times means disadvantaging the individual. This is a concept that many find impossible to grasp. SO, rightly or wrongly (another topic!), we have a graduated licence system, and if you want to operate outside that, you apply for an exemption. Somebody assesses that application on the rules laid out for them to do so, and a call is made. Might be right, might be wrong, pointless argument.There is a court appeal process in place to use should you feel you are being hard done by, which you have used. Good job. Doesn't mean the original minion was wrong, it means that a higher authority has over turned their decision.
People above have almost implied that the original call was made to deliberately obstruct or disadvantage you - think about that: the person involved has absolutely nothing to gain, but everything to lose should they give you an exemption when they should not have. Yes you've had to go through a hassle, but to me this looks to be a robust system, that has worked.
sw20,
Dec 12, 7:33am
johnf_456 has a new account!
3tomany,
Dec 12, 8:42am
youre correct the rules are the rules and the rules are that you can apply for an excemption for extenuating circumstanses
swannie3,
Dec 12, 12:49pm
When I was on my resticted years and years ago, I was GRANTED an exemption to be able to travel home after 10pm, as my roster had been permenantly changed to finish at 10pm, and I had a half hour drive home.My ability to earn a living would have been compomised if they had rejected me, as I had already completed high school.However, I did get pulled up once (before exemption)at 10mins before 10pm, with 100m to go to get home, Mrs police woman took my licence back to her car, .waited, .and at 10pm exactly gave me a ticket for being 'outside my hours'.I was too young and nieve to even think of taking it further, so I paid the fine and got on with my life.
spead,
Dec 12, 5:14pm
not sure I understand that thread!
johnf_456,
Dec 12, 9:05pm
No I don't and that comment is uncalled for.
mone,
Dec 12, 9:07pm
If you read the road code, you would know, that there are exceptions that court can make for people on restricted if they have work and they are not eligible yet for fulls.Not sure how you passed the license test without reading the road code.
valb1,
Dec 15, 6:28am
In reply to smac, you are right, but they were not applying the criteria as set out in the regulations. So that meant that their decision making was flawed, as the judge rightly pointed out. So now I wonder how many other decent young people with a genuine need (and there are many out here) they have disadvantaged by their incorrect interpretation! As someone pointed out not everyone can afford to challenge them, but they should be challenged when they are wrong as they are in this case. One or two remarks in their reply were somewhat bordering on petty, and certainly not relevant to the case, which the judge also pointed out. There should be a better system in place to allow for an appeal without costing a lot of money. In cidently have you thought of how much money they are gleaning out of people, and only pass less than a third" A great little money spinner for them I would suggest
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