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View Full Version : Received a $570 fine. But I feel there are some double standards.



caesius
19th March 2007, 21:41
An obscure argument I am about to bring up but I was stopped on the way to Masterton a week ago for doing 126kph. I accepted I was in the wrong, and the cop even helped me out later in the trip (those who've read my thread in Bike Mechanics section will know this). Today I received the notice for:

$170 exceeding speed limit by 20kph
$400 not displaying "L" plates (the cop never said anything about this when I was stopped)

Aside from being horrified at the magnitude of the latter fine (that's a political issue...) I see some obscure double standards.

I have been fined for exceeding 100kph BUT I am a learner! My limit is 70kph! How can I be fined for not having L plates and exceeding 100kph! It's ludicrous.

I realize you will say the best (or not) outcome I could hope for would be the court to realize the cop's error and fine me for exceeding 70kph! But doesn't it seem strange that I'm effectively being fined...

UNDER TWO SETS OF RULES!!!!

nodrog
19th March 2007, 21:44
i would pay it and keep quite, 126kph on your learners is bye bye license, count yourself lucky.


and 126kph is fuckin fast for a mountain bike!

Hitcher
19th March 2007, 21:51
Pay the fine. If you take this to Court a magistrate may not see the humour.

Kinje
19th March 2007, 21:54
I would have thought cop should have mentioned something about L-plate at the time??? And what Hitcher said as...

Now, I may have this quite wrong but another way of interpreting it could be that you exceeded the posted road speed limit (100 km/hr) and for breaching a learner licence condition (exceeding 70 km/hr) you should be liable for another $400 and 35 demerits.

Or maybe the cop is unaware of the special (stupid) additional restriction for motorcycles?

JimO
19th March 2007, 21:56
you were 56 ks over your limit 40 ks over is walking and impound of the bike that will be way more than the fine

Ixion
19th March 2007, 21:57
No indeed. 70 kph is not a speed limit, it is a condition of your licence. So the cop could have added ANOTHER $400 and 25 demerits for that.

Exceeding (100kph) speed limit . $170
Breach licence cndition (exceed 70kph) . $400
Breach licence condition (No L plate) $400

Just as well it wasn't at night eh

Incidentally I think that speeding fine goes along with 30 demerits, and the no L plate is another 25 demerits. So that knocks you back by 55 demerit points. You don't want to risk doing that again.

McJim
19th March 2007, 21:57
Did you give that copper a blow job or something?

126kph = $230 + 30 demerits
Not displaying L plate = breach of licence conditions $400 + 25 demerits
Exceeding 70kph = breach of licence conditions $400 + 25 demerits

All in all $1030 + 80 demerits:gob:

You're a lucky lucky ...see life of Brian for the rest of this sentence.

Da Bird
19th March 2007, 21:57
The cop has not made a mistake as you allude to.

If he had given you a ticket for "Exceeding 70km/hr on a learner licence" and also a speeding ticket for "Exceeding 100km/hr", then yes, that would be considered "double dipping" and you would have a right to feel agrieved.

You could have been given the "Exceeding 70km/hr" and the "Failed to Display L Plates", a total of $800.00 so you should really consider yourself as having received a discount....

BC.

caesius
19th March 2007, 22:13
I would have thought cop should have mentioned something about L-plate at the time???

Yes. I was wondering about that?

0arbreaka
19th March 2007, 22:43
You got out on the lighter end mate, like everyone was saying you could have been fucked on by the cop.

Btw; What type of steroids have you been taking mate 126kmh on a mountain bike is fuckin fast, can you even get your leg to go to a right angle or is it too muscly?

caesius
19th March 2007, 23:07
Fair point about the distinction between speeding/license conditions.

I wonder if I could justify this as a course-related cost?

Pathos
19th March 2007, 23:15
Is this some kind of joke? You broke multiple laws and got caught ... what else is there to it ?

I just put like $700 transport + $300 books each year in course related costs...its about what it costs anyway.

Beemer
19th March 2007, 23:17
Fair point about the distinction between speeding/license conditions.

I wonder if I could justify this as a course-related cost?

Sure, if you like throwing good money after bad! You've got two shows of not pissing off the law - shit's show and no show!

I don't know the legalities of being charged with exceeding 70kph on a learner's licence - I'm assuming you only get charged a set fine for exceeding the limit, rather than a scaled fine depending on the speed you were clocked at. If so, I would imagine the cop decided to go with the charge of exceeding 100kph by 26kms to ensure this was recorded against your licence, otherwise he would have been quite within his rights to charge you with exceeding YOUR speed limit by 56kph and make you walk home.

As pointed out, you could have been up for an even greater fine and there would have been no one to blame but yourself. If I were you, I'd pay the fine and count my lucky stars I still had a licence - and a bike.

caesius
19th March 2007, 23:37
To the last two posters, read my original, I had no intention of fighting this in any way I just found it odd what happened. It's been explained now and I understand how the law works a little better.

I deserve the fine(s). Not denying that. Yes. I'm lucky. Yes I'm grateful.

_intense_
20th March 2007, 01:10
SSSSsssssssssssshh....

imdying
20th March 2007, 08:42
This is a troll, right?

Yes, you can claim this as a course related cost... you don't need receipts or quotes for transports costs afaik. Just claim $1000 under 'transport'.

Bloody Mad Woman (BMW)
20th March 2007, 09:12
Agree with Beemer (love it - shit show and no show!!). Anything over 140kph you also get to have "a criminal record" That is the one thing I DO keep in mind when I choose to speed.

Patrick
20th March 2007, 09:18
he would have been quite within his rights to charge you with exceeding YOUR speed limit by 56kph and make you walk home.

No... the speed limit was 100. The condition on his licence says not to exceed 70, which is not a speed limit, it is a licence condition. If he was doing 141 in a 100kmph zone on his learners/restricted or full, yep, start walking.

If a learner was doing 95 in a 100 zone, not breaking the 100kmph speed limit, that is the exceeding the 70kmph condition on his licence... a rare ticket issued usually only to dickheads with bad attitude, which needed adjusting immediately at the time with a $400 instant fine.

Madness
20th March 2007, 09:21
No indeed. 70 kph is not a speed limit, it is a condition of your licence. So the cop could have added ANOTHER $400 and 25 demerits for that.
Incidentally I think that speeding fine goes along with 30 demerits, and the no L plate is another 25 demerits. So that knocks you back by 55 demerit points. You don't want to risk doing that again.


Did you give that copper a blow job or something?

126kph = $230 + 30 demerits
Not displaying L plate = breach of licence conditions $400 + 25 demerits
Exceeding 70kph = breach of licence conditions $400 + 25 demerits

All in all $1030 + 80 demerits:gob:

My understanding in the issuing of Demerit carrying Infringements where you recieve more than one in a single notice is that only one (the higher one) Demerit amount is recorded against your licence.

Anyone like to differ with me here??

Patrick
20th March 2007, 09:23
Anything over 140kph you also get to have "a criminal record" That is the one thing I DO keep in mind when I choose to speed.

Not quite again... Anything over 40kmph over the limit you still get an instant fine speeding ticket but you also lose your licence on the spot for 28 days(except in temporary zones) - no criminal record.

If it is over 50kmph over the limit, 28 day loss of licence and a court case, usually for dangerous speed - minimum loss of licence for 6 months (on top of the 28 day suspension) - includes temporary zones and results in a conviction.

Beemer
20th March 2007, 09:23
No... the speed limit was 100. The condition on his licence says not to exceed 70, which is not a speed limit, it is a licence condition. If he was doing 141 in a 100kmph zone on his learners/restricted or full, yep, start walking.

If a learner was doing 95 in a 100 zone, not breaking the 100kmph speed limit, that is the exceeding the 70kmph condition on his licence... a rare ticket issued usually only to dickheads with bad attitude, which needed adjusting immediately at the time with a $400 instant fine.

Thanks for clarifying that - I wondered how it worked, whether you got charged with exceeding the actual road speed limit or the limit imposed by your licence. I assume it's the same with trailers? So if you were pulled up doing 126 and towing a trailer, you'd be done for 26km over the limit, not 36?

We used to have a few traffic officers (as they were in those days) in the family and all said that the attitude of the driver played a big part. If they accepted they were in the wrong and didn't try and abuse them, they just got charged with whatever they'd been pulled up for. If they argued or got abusive, they would go over their vehicle with a fine-toothed comb and try and get them for any other little offence!

Patrick
20th March 2007, 09:24
My understanding in the issuing of Demerit carrying Infringements where you recieve more than one in a single notice is that only one (the higher one) Demerit amount is recorded against your licence.

Anyone like to differ with me here??

I differ with you there.

If the driving is that bad, they would deserve all demerits...

Patrick
20th March 2007, 09:28
Thanks for clarifying that - I wondered how it worked, whether you got charged with exceeding the actual road speed limit or the limit imposed by your licence. I assume it's the same with trailers? So if you were pulled up doing 126 and towing a trailer, you'd be done for 26km over the limit, not 36?

We used to have a few traffic officers (as they were in those days) in the family and all said that the attitude of the driver played a big part. If they accepted they were in the wrong and didn't try and abuse them, they just got charged with whatever they'd been pulled up for. If they argued or got abusive, they would go over their vehicle with a fine-toothed comb and try and get them for any other little offence!

No - the "speed limit" for towing a trailer is 90.

Good attitudes might even get a warning... bad attitudes - yep, fine tooth comb is apossibility.

Ixion
20th March 2007, 09:32
I think that Mr MaximusDemeritus is correct, and that, as a matter of policy not law, only the most serious demerit offence is "totted up" for a single event.

Beemer
20th March 2007, 09:36
No - the "speed limit" for towing a trailer is 90.

Thanks for that, we regularly tow a trailer and a mate did get done for doing 111kph (when the speed limit was 80) but I couldn't remember if he got done for doing 11kms over or 31 - it must have been 31 in that case.

Patrick
20th March 2007, 12:03
Hey Patrick, can you clarify that mate. If you are convicted of dangerous speed, is that a "criminal conviction" or something lesser?
What about for driving contrary to your limited licence conditions? A "conviction" again in that case.. does it result in a "criminal" conviction or still just a traffic conviction? Maybe my terminology is not quite right, but I think you get my gist.

Dangerous speed is the same as dangerous driving, 3 months imprisonment, $4500 fine (maximums here folks, no one gets that...) or both, and minimum 6 months disquialification. If memory serves me right, driving contrary to conditions of a limited licence is the same was driving while disqualified?

Both have a "conviction" but they are traffic matters, lodged on a criminal record, but treated as traffic matters only.

slimjim
20th March 2007, 12:17
that's a real bummer dude, but like all the rest say , you best pay and don't forget if you got insurance.............. are you gona tell them of this....... hum i think not cause you may lose even more haha.... well you gona play on the road you gota be prepared to pay as well, and most times the offending officer does not have all of your detail's, that comes via head office

The Pastor
20th March 2007, 13:21
Did you give that copper a blow job or something?

126kph = $230 + 30 demerits
Not displaying L plate = breach of licence conditions $400 + 25 demerits
Exceeding 70kph = breach of licence conditions $400 + 25 demerits

All in all $1030 + 80 demerits:gob:

You're a lucky lucky ...see life of Brian for the rest of this sentence.

No you only get demerits from one (the one with the most) offence, so if he was charged with the 3 offences he would of gotten 30 demerits total.

scumdog
20th March 2007, 13:25
No you only get demerits from one (the one with the most) offence, so if he was charged with the 3 offences he would of gotten 30 demerits total.

And that sure as hell would take the sting out of the $1030 worth of fines..:whistle:

The Pastor
20th March 2007, 13:28
luckly he wasnt on a bike with no rego and wof after 10pm.

speeding 170
No L plates 400
over 70km 400
after 10pm 400
no wof 200
no rego 200

total fines 1770. Have a nice day.

scumdog
20th March 2007, 13:31
Today I received the notice for:

$170 exceeding speed limit by 20kph
$400 not displaying "L" plates (the cop never said anything about this when I was stopped)

Ah, a lesson to be learned from this, - if you are at risk of getting multiple tickets you don't do anything to draw attention to yourself.

So simple yet so easily overlooked by young ones.

(And not so young ones who, shall we say, have a dearth of functional brain??).

scumdog
20th March 2007, 13:34
luckly he wasnt on a bike with no rego and wof after 10pm.

speeding 170
No L plates 400
over 70km 400
after 10pm 400
no wof 200
no rego 200

total fines 1770. Have a nice day.

And don't forget the "Driving in a manner likely to cause annoyance to any person or damage to any road surface"
$600,
ka-ching!!.

avgas
20th March 2007, 13:37
Keep ya mouth shut and pay the fine - fighting it will only get you in more shit

The Pastor
20th March 2007, 13:40
And don't forget the "Driving in a manner likely to cause annoyance to any person or damage to any road surface"
$600,
ka-ching!!.

You could add dangerous riding to the charge after all exceeding the speedlimit is very dangerous, add $700 to $1000 go directly to jail, do not pas go do not collect $200.

Squeak the Rat
20th March 2007, 13:54
And don't forget the "Driving in a manner likely to cause annoyance to any person ........$600,
ka-ching!!.

Huh? Is this really a charge? And if so please issue it to all the drivers on the auckland motorway as they annoy the shitvers out of me.....

caesius
20th March 2007, 15:46
I find it strange he didn't try and ping me for no rego and warrent, I have them both but they are stored in my lunchbox.

Glad he didn't assume I was missing those too.

Ixion
20th March 2007, 15:54
luckly he wasnt on a bike with no rego and wof after 10pm.

speeding 170
No L plates 400
over 70km 400
after 10pm 400
no wof 200
no rego 200

total fines 1770. Have a nice day.

You forgot carrying a pillion. Another $400.

scumdog
20th March 2007, 19:51
I find it strange he didn't try and ping me for no rego and warrent, I have them both but they are stored in my lunchbox.

Glad he didn't assume I was missing those too.

His QVR would have shown both of those were O.K.

McJim
20th March 2007, 20:08
Seeing a lot of mention of this $170 for exceeding 100kph.

I had the luxury of being a passenger in a car when the boss was driving and overtook a mufti cop car in the 'Naki a few weeks ago.

the ticket had a sliding scale of demerits 1-10 kph over = 10 points, 11-20 kph = 15 points... etc.

He got caught at 128kph and got stung for $230 - so I'm guessing 126kph should carry the same penalty or do different regional police set their own fine levels?

caesius
20th March 2007, 22:03
Yea sorry I forgot to mention the cop said he'd write it out as 125 since it was only 1kph off and carried a lesser penalty.

scumdog
20th March 2007, 22:24
Yea sorry I forgot to mention the cop said he'd write it out as 125 since it was only 1kph off and carried a lesser penalty.

Lucky-lucky-lucky!!

Now keep schtum and don't tell the rest of KB how much of a good break you had - or they will all want the same treatment.

Madness
20th March 2007, 23:48
If memory serves me right, driving contrary to conditions of a limited licence is the same was driving while disqualified?

Both have a "conviction" but they are traffic matters, lodged on a criminal record, but treated as traffic matters only.

Driving outside Licence conditions is an infringement offence, dealt with at the roadside or by posting a ticket. Driving while disqualified is an arrestable offence that requires a Judge to determine penalty. Only cases heard in court carry convictions, Infringement offences are recorded against Licence details but are not convictions. Insurers consider both Convictions and Infringements when deciding on Policies & Claims, as I think Judges do when considering sentencing.

Patrick
21st March 2007, 00:06
Driving outside Licence conditions is an infringement offence, dealt with at the roadside or by posting a ticket. Driving while disqualified is an arrestable offence that requires a Judge to determine penalty. Only cases heard in court carry convictions, Infringement offences are recorded against Licence details but are not convictions. Insurers consider both Convictions and Infringements when deciding on Policies & Claims, as I think Judges do when considering sentencing.

Re: Licence conditions... He was talking about a limited work licence, the ones you get once you are disqualified but those allow you to get to work and back home again, only.

Madness
21st March 2007, 00:14
Re: Licence conditions... He was talking about a limited work licence, the ones you get once you are disqualified but those allow you to get to work and back home again, only.

Err, yes. Funny how the eyes play tricks with you sometimes.

I agree with you on this point. Driving outside the conditions of a Limited Licence is viewed the same as Driving While Disqualified. Been there, done that.

Static
22nd March 2007, 17:59
i know how u feel buddy i got done last week for 91 in a 60 so $300 fine for speeding and $400 fine for failing to display L plate

btw speed related demerit points go like this (according to the bar on my ticket :( )
<10kph over = 10dp
11-20kph over = 20dp
21-30kph over = 35dp
31-35kph over = 40dp
35+ = 50dp