Five Points, a Beginner Seminar and a Tour Ten Days Away
A 24-year-old rider obtained his 大型自動二輪免許 nine months ago; it is his first motorcycle licence, though he has held a 普通自動車免許 for six years. Two months ago he was stopped for 信号無視. Last week he was caught at 26 km/h over the limit on a 一般道. He has no other violations and has never received an administrative sanction. Yesterday a 初心者講習 notice arrived, and a friend told him it is "just a class, nothing to worry about". In ten days he plans a 400 km two-up tour with his brother, and he also needs the motorcycle for the daily commute to work. His employer knows nothing about any of this. A second letter warns that one more violation will "end his riding".
1. Calculate his point position, identify which administrative measures now apply, and correct his friend's assumption.
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信号無視 is 2 points; 26 km/h over on a 一般道 (25 km/h or more but under 30 km/h) is 3 points. That is 5 points within a short window, with no previous administrative sanction, so his 前歴 is 0.
The immediate consequence is the 初心者講習. Because he obtained his 大型自動二輪免許 less than one year ago and has reached 3 points, attendance is compulsory. The friend is wrong on two counts. First, it is not optional: failing to attend, or failing the 運転適性検査 at the end of the course, leads to a 再試験, and continued failure puts the licence at risk. Second, the seminar is not a substitute for the points - it neither erases them nor creates a 前歴. The 5 points stay on his record and are counted for three years.
What he should understand: at 前歴 0 the suspension threshold is 6 points. He is one point - one minor violation - away from a 30-day 免停, and the letter warning him is accurate rather than dramatic.
2. Can he legally carry his brother on the tour in ten days? Work through the conditions rather than the plan.
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Two conditions must both be met before a 自動二輪車 carries a passenger: the rider must be at least 20 years old, and three years must have elapsed since obtaining a 大型自動二輪 or 普通自動二輪 licence.
He satisfies the age condition at 24. He fails the second: his first motorcycle licence is nine months old, so his 二輪 history is nine months regardless of the six years he has held a 普通自動車免許. Car licence years do not count towards the motorcycle two-up rule. A 400 km two-up tour in ten days is therefore unlawful, and so is a two-minute ride with his brother on the back. If the tour goes ahead, it must be solo.
There is a second layer. If he picks up any further points and is suspended, then continuing to commute by motorcycle becomes 無免許運転 - 19 points, revocation, and a disqualification period before he can even re-take the test. The cost of "just riding to work anyway" is enormous compared with the cost of rearranging transport. The tour decision and the commuting decision should both be made on the assumption that the next violation arrives, not on the hope that it will not.
3. Suppose he receives one more 2-point violation in three weeks. What happens, and what are the practical consequences he needs to plan for?
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Five points plus two points gives 7, and 前歴 0 at 6 points means a 免停 - a 30-day short-term suspension. He will receive notice and an opportunity to state his case; the suspension starts on the date specified, not on the date he is stopped.
The 免停 can be shortened by attending the appropriate 運転者講習, but the number of days remitted depends on his 前歴 and the course he is placed in, so he should not plan on riding on day one.
Practical planning, in order: arrange alternative transport for the whole suspension window, including the commute, rather than improvising after the notice arrives; do not ride during the suspension for any reason, because that converts a 30-day suspension into a revocation with a disqualification period; tell his employer before the notice arrives, because a sudden 30-day loss of transport looks worse than a candid conversation; check what his insurance requires. And note the compounding factor: once 前歴 1 is recorded, the next suspension threshold falls to 4 points, so the margin for error after this becomes far thinner than it is now.