I go to court on the 24th December for failing to stop at a rail crossing
turning off Ruakura Rd on to Holland Rd, pulled up and stopped at the rail crossing then continued over (no trains coming)
Pulled over 200 meters up the road by Police - they asked if I stopped, I said I did
He asked if I put my foot down when I stopped ......... I thought for a moment then replied "I don't think so"
He issued me with an infringement notice claiming I didn't stop or I would've put my foot down
No matter how much I discussed this point - he was not interested and issued the ticket for $150
needless to say I was annoyed; whats the point in issueing a ticket? he admitted I checked for trains - if they're running a campaign to make people aware of rail crossing that's all good - but, and as the cop agree'd; he did see me slow right down and look in both direction checking for trains, but he didn't see me put my foot down, he claims I did not technically stop
I wrote in and explained I don't need to put my foot down to stop long enough to check for a train - especially when there's a clear view leading up to and at the crossing to check for trains - they replied that they would not wave the notice as it comes down to my testimony against the officers testimony?
So off to court
Question; is there any rule or law that requires me to put my foot down when I stop - I have read the road code and the Land Transport (Road User) Rule 2004, and can't find any requirement to do so? Am i correct
I know plenty of riders who can come to a stop on there bike with putting their foot down ?
Whats the best way to fight this?
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