Police –v- Alain VINCENT [2005] NSWLC 20

Police –v- Alain VINCENT [2005] NSWLC 20

The accused held a valid United Kingdom driver's licence written in English and was an international visitor. His subclass 457 Business (Long Stay) visa, on the wording of the passport endorsement and the Migration Act 1958 (Cth), was a temporary visa, not a permanent visa. Therefore the exception in section 55(2)(b) of the Road Transport (Driver Licensing) Regulation 1999 did not apply, the section 55(1) exemption remained available, and he was not proved to be an unlicensed driver.

Jurisdiction
Australia
Judgment Date
29 June 2005
Procedural Posture
Criminal Charge of Driving Whilst Unlicensed Contrary to Section 25(2) of the Road Transport (driver Licensing) Act 1998 / Defended Hearing; Reasons for Decision and Acquittal
Outcome
The accused was found not guilty; a verdict of acquittal was entered and the accused was discharged.
Legal Topics
["overseas Driver's Licence" 'visiting Driver Exemption' 'temporary Visa' 'permanent Visa' 'international Visitor' 'honest and Reasonable Belief' 'abuse of Process' 'section 10 Dismissal']
['criminal Law' 'road Transport' 'driver Licensing' 'migration Law'] ["overseas Driver's Licence" 'visiting Driver Exemption' 'temporary Visa' 'permanent Visa' 'international Visitor' 'honest and Reasonable Belief' 'abuse of Process' 'section 10 Dismissal']

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Procedural Posture

Criminal Charge of Driving Whilst Unlicensed Contrary to Section 25(2) of the Road Transport (driver Licensing) Act 1998 / Defended Hearing; Reasons for Decision and Acquittal

Legal Issues

  1. 1 ["Whether the accused, who held a valid United Kingdom driver's licence written in English, was exempt from holding a New South Wales driver's licence under section 55(1) of the Road Transport (Driver Licensing) Regulation 1999." 'Whether the accused ceased to be exempt because he had held a permanent visa under the Migration Act 1958 (Cth) for more than 3 months.' "Whether the accused's subclass 457 Business (Long Stay) visa was a temporary visa or a permanent visa." 'Whether advice from the RTA could support a defence of honest and reasonable belief if the advice had been wrong.']

Ratio Decidendi

The accused held a valid United Kingdom driver's licence written in English and was an international visitor. His subclass 457 Business (Long Stay) visa, on the wording of the passport endorsement and the Migration Act 1958 (Cth), was a temporary visa, not a permanent visa. Therefore the exception in section 55(2)(b) of the Road Transport (Driver Licensing) Regulation 1999 did not apply, the section 55(1) exemption remained available, and he was not proved to be an unlicensed driver.

Court Disposition

The accused was found not guilty; a verdict of acquittal was entered and the accused was discharged.

Orders

  • ['The accused is not guilty, and a verdict of acquittal entered.' 'The accused is discharged.']