Job Discussion Forums

[wabisabi365]

Further to Grasshopper's info, pleading ignorance of the law will not help if you get caught. My co-worker, an American, truly didn't know the law and had been driving well past the 12 month mark. He was pulled over and was promptly informed of the law (and relieved of his driving privileges for one year). On the plus side, he's getting a lot of exercise by cycling to work. He's also telling every foreigner he passes on the street his cautionary tale. Convert thy license...

Cheers,
ws365

[Nagoyaguy]

Further to the problems of using an International Driver's Permit too long, any insurance you may have will be invalid should you have an accident.

Not a good idea.

If you are from a country with a reciprocal agreement, it is better to bite the bullet and get a real J-licence. Plus, it can be used as ID instead of your Alien Registration Card.

[JonnyB61]

This thread seems to have run out of steam now so, as the O.P., I will attempt to sum up. I realise, of course, that this is a little late but I had to nip home in the interim period to bury a family crumbly. I apologize for my tardiness.

Firstly, I�d like to say thanks to all who posted, especially those who made a genuine effort to be helpful. A frank exchange of views is a healthy thing and to be welcomed.
Although I don�t agree with certain replies I�m inclined to remember the words of Voltaire: �I may not agree with what you say, but I will defend to the death your right to say it.�

I don�t intend to respond to individual posters by name as I believe that doing so all too often causes these threads to degenerate into meaningless slanging matches. Instead I�ll address myself to the issues raised in broad terms.
So, here goes.

Petty officials in Japan can and will behave in any way they want to.

This is simply not true. As in most developed countries, petty officials in Japan are bound by procedural guidelines, regulations and laws. We just need to find out what they are.


Being assertive equates to losing ones temper.

There is no logical connection here. It is perfectly possible for a rational adult to be firm and determined and calm, quiet and polite at the same time. It�s about choice. If an individual chooses not to accept the treatment he or she is receiving then it does not mean that he or she has flown off the handle, over-reacted, thrown a tantrum or any other euphemism for losing control. The more worrying question is why anyone would choose to accept poor treatment. Of course, the key here is to remain calm and polite at all times.


What is proof and what isn�t?
This section comes to you following professional legal advice.

Japan recognizes two kinds of proof.
Proof beyond reasonable doubt is required only in criminal cases and that does not concern us here.
Under civil law, (which covers driving licences, visas and most issues of interest to us), the burden of proof required is far lower. Civil law requires evidence which would lead a reasonable person to believe that, on the balance of probabilities, what is being stated is more likely to be true than not.
(For those interested, Google provides several explanations of what constitutes a reasonable person.)

All the suggested documents listed in the O.P. and consequent replies would count as, what is termed, Prima Facie Evidence. After prima facie evidence has been presented the burden of proof shifts to the other party who is then obliged to show evidence to the contrary in support of any decision to reject it. In other words, they can�t just say �I don�t accept this as evidence�, they have to show actual contrary evidence to explain why they won�t accept it. Otherwise, they have a duty to accept the prima facie evidence.

Now, if that sounds familiar to anyone then I�m not surprised. It�s exactly the same in the following countries listed in alphabetical order: Australia, Canada, India, New Zealand, South Africa, the United Kingdom, (English law and Scottish law), the United States of America,( where Balance of Probabilities is called Preponderance of Evidence ), and others I�m sure.
It seems most likely, then, that Japan has simply uplifted these legal precepts, (along with others), from other countries and just slotted them into place like legal building blocks. This is probably because the question of what constitutes proof is about to become a key issue here as Japan prepares itself to change over to the jury system.

Conclusion.

Now, having an awareness of one�s rights under the law is one thing, actually achieving them is another. In my own case, I am lucky enough to have a private student who is a local lawyer. When I told him of my experiences he placed a call to the Driving Licence Center and asked them why I had experienced the difficulties outlined in the O.P. They called back within the hour with the inevitable explanation that a �misunderstanding� had occurred. They advised him that my paperwork was in order and that if I went back with the photographs then my driving licence would be made ready for collection. I did and it was. Incidentally, the information about proof given above is what my lawyer student explained to me during that lesson, and a very enjoyable lesson it was too.

So, there you have it. When experiencing obstructive behaviour from Japanese petty officials one can either jump through hoops, like a performing chimpanzee, providing answers plucked from fantasy, as some posters have suggested. Or, one can find out one�s rights under the law and arrange a little local �muscle� to help achieve them. As always, Gentle Reader, the choice is yours.

As for me, I�ve said all I want to say on this topic so I really am over and out on this one.

Regards

JB

[J.]

Thank you so much, JB, for this. I really learned something from this post and have to say, having been on the receiving end of some bureaucratic tangles here, enormously enjoyed your victory. It's so nice to know that reason can prevail.

Big "way to go!"

[BOBBY321]

I have been suspended from driving in Japan twice for speeding, I have been in court twice and attended 2 lectures on safe driving. I am now in my 8th year of a Japanese license. I exchanged my UK one within 10 minutes, it really is the luck of the people at the centre you go to. I am not far from Kumamoto so it can be done, just hold back your anger and frustrations and usually things will be fine.

SARCASM is wasted in Japan and it will get you nothing.

In all of my troubles as a boy racer I have not really had anything to complain about with regards to DUMBASS staff etc.......

[Odango]