Speeding fine - no Demerit points listed?

Fev · 10-06-2011, 04:12 PM

Ok i've had a bad day,

I was overtaking one of the hundreds of douches sitting 10 under in the right hand lane on the F3 today. I was pinged coming past the Peats Ridge Road ON ramp going North. HWP was sitting about 400m up the On Ramp with a Lidar... Not too sure how accurate the Lidar is with that sort of distance? Should I have asked for a calibration certificate? I've been told this by a mate but someone on here should know more.

Being a double demerits weekend i'm not very happy.. I've got no beef with the cop, he was alright about it, just doing his job. Wasn't wearing his Hi-Vis vest though and wasn't too careful about parking on the shoulder nor getting out of the car in the face of 110km/hr traffic.

Now on the fine where it says "Demerit Offence? Yes/No" the officer has not written anything. He has not crossed or circled anything nor has he listed how many points. I have received other fines before (right hand turn at the wrong time etc) and they've always circled Yes or No and listed how many points.

Being that there is no actual amount of points listed as punishment on this penalty notice, does this mean that I will not cop any point deduction? There is a $$$ amount which is $211. I don't see how they could legally slug me with the points when it's not actually listed on the penalty notice - to me that sounds like being chucked in minimum security jail and then told afterwards you'll be sent to the Gulag.. Extreme example I know but the point is made haha

I called up the Police at Tuggerah and they didn't know, there was no-one in the HWP office at the time to help me either.

Note:
If you're about to arc up and say you shouldn't have been speeding, go drink some bleach. Not in the mood.

vibe_xr6 · 10-06-2011, 04:15 PM

Nahh, you will get your points taken off you, ive had the same thing also.
I have also recieved one with the wrong date. E.g. Instead of 10/06/2011 she put 10/07/2011 So that gave me 1 more month : )

GS608 · 10-06-2011, 04:16 PM

Most likely yes, i know it is different states but when i enquired about the points lost to the bloke who pulled me over he just said mate no idea, the transport department deal with the points, nothing to do with us.

Also if you ask about it they'll just re write the fine correctly, common myth people think if a TIN is filled out incorrectly it makes it void and you are off scott free.

Fev · 10-06-2011, 04:18 PM

Is it not a legal document though? Which has been signed by the enforcer of that law?

vibe_xr6 · 10-06-2011, 04:18 PM

Quote:

Originally Posted by 5.0

Most likely yes, i know it is different states but when i enquired about the points lost to the bloke who pulled me over he just said mate no idea, the transport department deal with the points, nothing to do with us.

Also if you ask about it they'll just re write the fine correctly, common myth people think if a TIN is filled out incorrectly it makes it void and you are off scott free.

Thats right, the police actually work for the transport department ( RTA in NSW ) Just like if you go to court to try and keep your licence, and the judge lets you keep it, RTA can come along and say nope he isnt keeping his licence

Fev · 10-06-2011, 04:22 PM

So saying that, basically whether or not the penalty notice states one thing, the RTA can just come along and say - "nah stuff that mate, I know what the fine says but you're copping whatever the hell we feel like giving you"

GS608 · 10-06-2011, 04:28 PM

Quote:

Originally Posted by Fev

Is it not a legal document though? Which has been signed by the enforcer of that law?

Wouldn't know mate, all i know is that if it's filled out incorrectly (your DOB, address, name or licence number, anything really) and you try to get out of it due to that they will just reissue the fine with the correct details.

MAV50L · 10-06-2011, 04:33 PM

You will do the points.
I have never had written on any of my many fines what points I was going to do. Just the amount I had to cough up.
Also your points now sticks for 3 years and 4 months. Found that out the hard way when I got a green slip a couple of years ago.

zdcol71 · 10-06-2011, 04:35 PM

you shouldn't have been speeding

vibe_xr6 · 10-06-2011, 04:35 PM

Quote:

Originally Posted by Fev

So saying that, basically whether or not the penalty notice states one thing, the RTA can just come along and say - "nah stuff that mate, I know what the fine says but you're copping whatever the hell we feel like giving you"

Yeah thats right

Fev · 10-06-2011, 04:50 PM

Great... Well i'm screwed then... Thanks for the help.. Good behaviour for a year.. ugh.. Wish I could take a 3 month holiday! Unfortunately only going for 1 month lol

Could someone please delete Zdcols post please?

05_ENFORCER · 10-06-2011, 05:27 PM

Fev, if it's that close to you losing the license, take it to a lawyer and try to get off on a technicallity.

GreenR · 10-06-2011, 05:51 PM

I highly doubt you could get out of the demerit points. Your detected speed will be sent to the RTA. They have all the set guidelines on how many points is taken for which particular speeding offence (3-9km/h, 10km/h+ etc).
So despite the demerit point info missing on your carbon copy notice, the RTA still has your speeding offence in the system

2011G6E · 10-06-2011, 05:57 PM

You evil evil man! Don't you know that you cannot speed under any circumstances, not even to overtake. If someone is sitting slightly below the limit and you know you would have to creep over the limit briefly to get past safely, then DON'T...you should just be happy and sit there.

Sorry, couldn't help it...

Ben73 · 10-06-2011, 06:04 PM

Quote:

Originally Posted by zdcol71

you shouldn't have been speeding

Dunno if this guy is serious or not, But Thanks for the value input to the topic at hand.

Today since Double Demerits have been in affect, has anyone else noticed everyone drives around brain dead.
Had some idiot pull out in front of me today, then proceed to do 30 in a 50 zone. He almost touched on 38 at one point, but I guess that was too fast since he slowed back down to 20

prydey · 10-06-2011, 06:09 PM

Quote:

Originally Posted by Ben73

Dunno if this guy is serious or not, But Thanks for the value input to the topic at hand.

what did the OP think was going to happen when he started a thread on AFF?

i'm not a 'don't speed, won't get caught' person, BUT, if you DO get caught, just man up and pay the damn fine. trying to get out of things on a technicality is childish.

no flame suit on either, its not a popularity contest.

TheInterceptor · 10-06-2011, 06:24 PM

Quote:

Originally Posted by prydey

what did the OP think was going to happen when he started a thread on AFF?

i'm not a 'don't speed, won't get caught' person, BUT, if you DO get caught, just man up and pay the damn fine. trying to get out of things on a technicality is childish.
no flame suit on either, its not a popularity contest.

Why is that. That money goes into govco's pockets, and is probably sent to the greenies or the UN or illegals or for their own things or..........but not back into the roads as it seems.
Unless you'd like to enlighten me on where it goes?
The OP was overtaking.
I doubt he was endagering anybody assuming he wasnt going 30 over the limit. If that was the case i really doubt he'd post on AFF as he would get attacked from all directions.

The tone of this response may sound bad but its not

blackf6 · 10-06-2011, 06:25 PM

demerit points are rewarded for speeding regardless of whether the police officer states as such on the ticket or not. take the one year good behavior don't do a thing wrong and in 12 months all your points will be returned to you.

prydey · 10-06-2011, 06:35 PM

Quote:

Originally Posted by TheInterceptor

The OP was overtaking.
I doubt he was endagering anybody assuming he wasnt going 30 over the limit. If that was the case i really doubt he'd post on AFF as he would get attacked from all directions.

The tone of this response may sound bad but its not

i don't care what he was doing. apart from sudszy, we all speed. when you speed, you need to accept the fact that there is a possiblitly mr plod will see you and tell you you are a naughty boy. these are the rules we play by. you know the rules before you play, so when you get caught it is childish to try to get out of the consequence.

i don't care where the money goes either.

JC · 10-06-2011, 06:39 PM

$211 fine is between 10 and 20 over. You could have stayed under 10 over and probably not even attracted the ticket in the first place. Not saying I don't speed, but on DD weekends, it's just not worth getting caught (personally, I sit 5km over on these weekends, not 20km under as given as an example above).

zdcol71 · 10-06-2011, 07:10 PM

Quote:

Originally Posted by Ben73

Dunno if this guy is serious or not, But Thanks for the value input to the topic at hand.

Today since Double Demerits have been in affect, has anyone else noticed everyone drives around brain dead.
Had some idiot pull out in front of me today, then proceed to do 30 in a 50 zone. He almost touched on 38 at one point, but I guess that was too fast since he slowed back down to 20

Hook and line, meet sinker.
And I notice a couple of posts later we have baited the obligatory"GovCo"!!
There is a theory (Iv'e seen it purported here)...something about if you belt on long enough on a public forum, you end up with Hitler and nazis..I think it should be modified to include GovCo and "revenue raising" . Although the word "theory" should then be discarded and replaced with "fact",cause it's deadset fact that it will go there any time it's suggested that anyone breaking the law may actually have to pay a penalty!!
And I may add, what value do you think anyone will add to this topic??

zdcol71 · 10-06-2011, 07:17 PM

Quote:

Originally Posted by Ben73

Dunno if this guy is serious or not, But Thanks for the value input to the topic at hand.

Today since Double Demerits have been in affect, has anyone else noticed everyone drives around brain dead.
Had some idiot pull out in front of me today, then proceed to do 30 in a 50 zone. He almost touched on 38 at one point, but I guess that was too fast since he slowed back down to 20

And....while I'm on a fishing trip....I'm going to hazard a guess that this "brain dead idiot" is sitting at home tonight completely unaware that someone out here in the ether is getting griped about the fact that he is home alive, safe and sound, with his wallet probably weighing no less than when he left home this morning, simply for driving around under a posted speed limit!!

zdcol71 · 10-06-2011, 07:24 PM

Quote:

Originally Posted by Fev

Great... Well i'm screwed then...

Could someone please delete Zdcols post please?

You're screwed,(quote),... I respond by saying you shouldn't have been speeding,(actually in response to you daring anyone to do so) , and you want someone to delete my post.....Go figure

zdcol71 · 10-06-2011, 07:27 PM

I would have rolled these four posts into one but the taste of bleach is distracting me.

Ben73 · 10-06-2011, 07:28 PM

Quote:

Originally Posted by zdcol71

And....while I'm on a fishing trip....I'm going to hazard a guess that this "brain dead idiot" is sitting at home tonight completely unaware that someone out here in the ether is getting griped about the fact that he is home alive, safe and sound, with his wallet probably weighing no less than when he left home this morning, simply for driving around under a posted speed limit!!

I managed to obey the speed limit all day. My wallet is heavy then it was this morning and I am alive.
You don't have to drive 30 below the speed limit to be 'safe' and not get a fine.

Its annoying the fact he was going slow. But more annoying was he was parked on side of road and pulled out in front of me forcing me to slow from 50 to 20 very quickly.
He is only home safe because I was watching where I was going and didn't put my 4wd into his drivers door/back of his car when he pulled out in front of me.

SO good for you trying to put me down, But you should make sure you know the whole story first.

fmc351 · 10-06-2011, 07:30 PM

Apparently the OP isnt trying to escape the fine part of the penalty, he didnt blame the copper (the opposite in fact is clearly stated in the OP), that in itself acknowledges he screwed up and was speeding, all he he seems to be hoping is he might not take the points hit.

Nothing wrong with that. Its futile, but nothing wrong with hoping. He even acknowledged he is screwed, and dint blame anyone.

Quote:

Originally Posted by zdcol71

Hook and line, meet sinker.
And I notice a couple of posts later we have baited the obligatory"GovCo"!!
There is a theory (Iv'e seen it purported here)...something about if you belt on long enough on a public forum, you end up with Hitler and nazis..I think it should be modified to include GovCo and "revenue raising" . Although the word "theory" should then be discarded and replaced with "fact",cause it's deadset fact that it will go there any time it's suggested that anyone breaking the law may actually have to pay a penalty!!
And I may add, what value do you think anyone will add to this topic??

Godwins law, and its pretty spot on. Although often its merely a 'funny' post that blames Hitler or whatever. Hitler is simply universally known and that makes it the obvious topic to raise. Speeding, revenue raising, cameras and GovCo could very easily be substituted as a universal topic on a car forum.

Technically, you just acted on Godwins law too. Personally I blame Hitler for Godwins law.

**GasoLane** · 10-06-2011, 07:41 PM

Quote:

Originally Posted by 05_ENFORCER

Fev, if it's that close to you losing the license, take it to a lawyer and try to get off on a technicallity.

Even if he gets let off, the RTA will still take the points.

There was a case a while ago where a Truck driver went to court for a log book matter.

The Judge dismissed the case but the guy still lost the points and the RTA wouldn't give them back.

sudszy · 10-06-2011, 07:49 PM

Quote:

Originally Posted by Ben73

I managed to obey the speed limit all day. But more annoying was he was parked on side of road and pulled out in front of me forcing me to slow from 50 to 20 very quickly.

you spent a whole second before he pulled out then another whole second after looking at your speedo(that's how long you claim it takes) and didnt crash?