Dodgy Ticket - Whats ur opinion?

ilikefords · 09-02-2005, 10:02 PM

Heya,
Had a run in with my ol mate mr plod the other day, needless to say I'll be seeing them in court! I'm just wondering what you all think or maybe if you have some advice as to what I could too it would be much appreciated!

I was driving to a friends place and pulled up on the side of the road to park, past the white line. As I went to get out of the car I noticed that I had parked in a bus stop, so I took off my seatbelt, put the car into reverse and turned around to see where i was going. Some random clown was driving along the road and got on his horn, which startled me and made my foot slip off the brake for a second, during which time the car rolled foward by 1/2 a car length. Behind the loony with the horn was a cop, who saw me rolling foward with no belt and hit me up for 3 points and $225.

Does anyone else think this is bull@#$&? Would I have a leg to stand on in court? What do you all reckon?

Thanks
Brenden

champsky · 09-02-2005, 10:09 PM

umm im not too sure as it would prolly be his word against urs

you could try but im not too sure you would be succesful, just drag it out for as long as possible :P

5 bucks a month sound aight to you :P lol

chippa6 · 09-02-2005, 10:12 PM

bit of an unfortunate situation I wouldn't push it to take it to court. wear it on the chin, we've all had to at some point or another.
But, make sure you learn from it. just keep your seatbelt on all the time and this wont happen to you again.

Cheers
Chippa

lv619 · 09-02-2005, 10:18 PM

That sucks mate, did you explain this to the cop? Defenetly take it to court, however as champsky said its probably going to be your word against his.

XA-Coupe · 09-02-2005, 10:28 PM

you were in forward motion without a seat belt ... unless you lie you cannot win. Maybe it's not really fair as such.... but them's the breaks.

XR Martin · 09-02-2005, 10:50 PM

Just be thankful that car didnt rear end you while you had your seatbelt off....

AUIII XR8 MAN · 09-02-2005, 10:51 PM

Did you have your car in revese gear at the time? If so than fight it, if not you will just have to try write a nice letter who knowns they mite let you off if you been a good boy. If they don't than take it on the chin.

Kryton · 09-02-2005, 10:52 PM

you dont have a hope in hell. you were in the drivers seat of a moving car WITH the engine running and you werent wearing a seatbelt. so tell me again what defense were you going to use?
take it like a man and pay the fine. you have no one to blame but yourself.
if you were startled by someones horn, its time you hand your license in...seriously.

T_Terror · 10-02-2005, 01:56 AM

One things for sure, its outrageous and youre copping an unfair punch.

Heres a good tip: Dont get your legal advice from the net. Too many varied opinions so theres really no hard answers.

Just ring a solicitor experienced in traffic infringements and ask for advice and an idea of success. Many good ones will do this for free.

Jaeger · 10-02-2005, 02:14 AM

Quote:

Originally Posted by davway

you dont have a hope in hell. you were in the drivers seat of a moving car WITH the engine running and you werent wearing a seatbelt. so tell me again what defense were you going to use?
take it like a man and pay the fine. you have no one to blame but yourself.
if you were startled by someones horn, its time you hand your license in...seriously.

You do know that it is legal to move a car in reverse with your seatbelt off????

LTDHO · 10-02-2005, 08:59 AM

Quote:

Originally Posted by Jaeger

You do know that it is legal to move a car in reverse with your seatbelt off????

This is fact but why would you?

Reversing is easily done with belt on. If you hit hard my anothe car you will be thrown in the cabin. If you move forward you will be fined.

Bendan, as you have no leg to stand on, don't waste ya time.

Fact: You were moving forward without a seatbelt.

MAD · 10-02-2005, 09:43 AM

I thought there were rules in place that say you can drive your car in a forward direction without the seatbelt as long as you dont go over a certain speed? Like postie truck drivers, cause of the constant stopping.
I've heard this somewhere, but stuffed if I can remember where....if it is wrong, you'd have a very small chance as its just your word over his, and from memory vicpol were given extra rights not all that long ago so his word is worth a lot more than yours.

MAD · 10-02-2005, 09:47 AM

Found it!!!

http://www.rta.nsw.gov.au/rulesregul...nloads/p16.pdf

Scroll down to 267 - Exemptions from wearing seatbelts on page 4

Quote:

(2) A person in or on a motor vehicle is exempt from wearing a
seatbelt if:
(a) the person is engaged in the door-to-door delivery or
collection of goods, or in the collection of waste or
garbage, and is required to get in or out of the vehicle, or
on or off the vehicle, at frequent intervals; and
(b) the vehicle is not travelling over 25 kilometres per hour.

I knew I had seen it somewhere, but its still no help to you as part(b) is an "and" to part(a)

ilikefords · 10-02-2005, 12:25 PM

Thanks for all ur suggestions, definetly varied!! Davway you sound like a pretty nice bloke :thebirds:

I did try explaining to the cop that I wasnt intending the drive so much as accidently rolling foward. Yeah, yeah I know its still foward motion and the belt was off, but I guess I thought I might have got the one nice cop in queensland (no luck).
When he wouldnt budge I asked him to explain the court procedure and he just said "read on the back" then walked off, I had a quick read then called to him that I didnt understand the ticket he'd just given me and I'd like some help with it, to which he came right back to the car, leaned in the window right in my face and informed me that I would probably never understand it so why should he bother.
Then he walked away again, so I told him how I thought he was really nice, and that I was so glad I could help him fill his quota, so he breathalized me.

Are cops required to explain the ticket? Do you have to have a seatbelt on while parking? Does anyone have any experience with bribing a jury? :P

Thanks
B

EA2BA · 10-02-2005, 12:37 PM

I thought being in a car, sitting in the drivers seat, with the keys in the ignition was deemed as being in control of a vehicle (wether vehicle is strarted or not), and hence i think you are stuffed, I understand you can get DUI from the above conditions.

TheSneakiness · 10-02-2005, 12:43 PM

Brenden, honestly, I wouldn't bother. Unfortunately, you were caught in a forward motion with no seat belt on. Unless you are a delivery driver, you don't have a leg to stand on. Hell, my local postie has to wear his belt. And yes, he does drive a Falcon to do deliveries of mail, the little post bikes don't have the guts to get around where I live. He has to stop at each mailbox and stick mail in the box, then drive to the next place and so on and so on.

Just wait til it's due then pay the mother canucker.

LTDHO · 10-02-2005, 01:59 PM

Quote:

Originally Posted by MADXF

Found it!!!

http://www.rta.nsw.gov.au/rulesregul...nloads/p16.pdf

Scroll down to 267 - Exemptions from wearing seatbelts on page 4

I knew I had seen it somewhere, but its still no help to you as part(b) is an "and" to part(a)

This is in NSW not Vic. I stand corrected, I found this:

Quote:

Originally Posted by VicRoads

Seat belts do not need to be worn when:
driving a motor vehicle in reverse, and where
a person is engaged in door to door delivery or collection of goods, or the collection of waste or garbage, and is required to get in or out/or off and on the vehicle at frequent intervals and is travelling in a motor vehicle at a speed that does not exceed 25 kph.

I used to work for a bakery and us drivers always got done for no belt.

Quote:

Originally Posted by Dellboy999

I thought being in a car, sitting in the drivers seat, with the keys in the ignition was deemed as being in control of a vehicle (wether vehicle is strarted or not), and hence i think you are stuffed, I understand you can get DUI from the above conditions.

Yup this is it.

Kryton · 10-02-2005, 03:30 PM

Quote:

Originally Posted by ilikefords

Davway you sound like a pretty nice bloke :thebirds:

yeah thanks, i try to be. :hihi: just getting really sick of people that think they can contest any ticket they get and have any chance of doing it. the facts were simple and you should have known better. nothing you can do about it except to learn from it. the consequences could have been alot worse so just be grateful that you got a fine and some points taken off you.

mcflux · 10-02-2005, 08:13 PM

Hrm, I never knew of those *exceptions*!

Might not test the theory out though, methinks I'll avoid doing laps around the cop station at 20kph

:

Best of luck with the ticket situation.

Kryton · 10-02-2005, 08:15 PM

Quote:

Originally Posted by Ghia5L

Hrm, I never knew of those *exceptions*!

Might not test the theory out though, methinks I'll avoid doing laps around the cop station at 20kph

:

Best of luck with the ticket situation.

those 'exceptions' do not apply to you, me, or the daily commuter. they directly apply to the as mentioned delivery driver, rubbish collection and things like that, that require repeated stops in a short distance.....for their JOB.

MAD · 10-02-2005, 09:27 PM

And ONLY if they stay under 25kmh

klawsterfobik · 10-02-2005, 09:35 PM

and street sweeper drivers

b2tf · 10-02-2005, 10:00 PM

Perhaps a little late:-

yes it is legally 'ok' to take your seatbelt off whilst reversing, or if yuore doing a lot of deliveries etc. I think taxi drivers are also exempt from wearing them, or at one point they used to be anyway.

However, i wouldnt not test this. In your case, id say its just bloody bad luck, but thats how it is - you were going forward, and constable plod happened to be in the right place at the right time as they sometimes are. A little unfair perhaps to give you a ticket (a warning would suffice im sure), but thats their job.
If for example you were a courier, you'd still be expected to have the seatbelt on when not making a lot of deliveries in a row (i.e. driving from one side of town to another).

live_1991 · 10-02-2005, 10:04 PM

Quote:

Legislative exemptions
Seat belts do not need to be worn when:
driving a motor vehicle in reverse, and where
a person is engaged in door to door delivery or collection of goods, or the collection of waste or garbage, and is required to get in or out/or off and on the vehicle at frequent intervals and is travelling in a motor vehicle at a speed that does not exceed 25 kph.

:( dam

but hey you were going door to door ;)

Yaw · 11-02-2005, 08:38 AM

Quote:

Originally Posted by Ghia5L

Hrm, I never knew of those *exceptions*!

Might not test the theory out though, methinks I'll avoid doing laps around the cop station at 20kph

:

Best of luck with the ticket situation.

There is another exception you may be unaware of, Sorry this still aint gunna help. but A taxi driver does not have to wear a seat belt by law either. (Funny story) A taxi driver I know got pulled up for smoking in his taxi ($60 fine for that) To which he stated to the cop, his hail light was not on, he was in civic clothing and he was taking his taxi to the car wash, the cop noticed he was not wearing his seat belt and said "Oh in that case there is no problem with you smoking as you were using it as a private car at this time" Then the cop wrote the ticket out for the seat belt infringment $120.00 fine. LOL...the taxi driver I know now knows to keep his mouth shut.