Advice for fighting an Infringement Notice - for not putting my foot down?

[dinosaur]

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?

[Devil]

Did you actually stop? Some people seem to have varying definitions for 'stop' when the meaning is quite unambiguous. Stopped is stopped.
But yes, there is no rule specifying that you must put a foot down.

[sidecar bob]

Swarfie on here got done for the same thing & sucessfully argued it. PM him if he dosent pop up here.

[swarfie]

Swarfie on here got done for the same thing & sucessfully argued it. PM him if he dosent pop up here.

True it is. Years of trail-riding and trials experience means I quite often stop, look both ways and continue on if the way is clear. Popo pulled me for it when in my teens (bloody long time ago ) and I told me he didn't see me put my foot down when I "stopped". I asked him if I was driving my car did I have to open the door and put my foot on the road also, and that where in the road code did it say motorcyclists have to put their foot or feet down when stopping? He finally admitted that I did STOP and let me go on my way. Shame you have to go to court to fight it. Good luck.

[Murray]

Hey Pete lucky you weren't on the LOR ride down to the Toyrun he did 5 of us - same reasoning "no foot down".

Great charity day but to the wrong people

[kiwi cowboy]

Get someone to film you riding in a car park or somewhere stopping balanced and then moving off a few times to show you can do it may help. May not too. Good luck.
I often stop for a couple secs if the lights up ahead have just turned green and the traffic is moving off in front of me and can balance quite comfortably on my bandit for that long.

[Latte]

Get someone to film you riding in a car park or somewhere stopping balanced and then moving off a few times to show you can do it may help. May not too. Good luck.
I often stop for a couple secs if the lights up ahead have just turned green and the traffic is moving off in front of me and can balance quite comfortably on my bandit for that long.

+1

"He asked if I put my foot down when I stopped ........." - if these were his words then he agrees you stopped, you just didn't put your foot down. Using this, the legislation where it doesn't mention requiring you to put your foot down, and a practical example of you being able to stop without putting your foot down will be the best chance you have.

[BigAl]

As in http://www.legislation.govt.nz/regul...stop_25_se&p=1


(a) stop the driver's vehicle in a position and for a time that enables the driver to ascertain whether the line is clear; and


(b) remain stationary until the way is clear to proceed.

So say that you can balance bike at a complete stop w/o putting feet down.

[R650R]

Your infringement is for failing to stop, not for failing to put your foot down. And as the legend above got away with it at roadside and not court that's no precedent as wont be recorded.

I'd be out practising my feet up balance stops and video it showing you can consistently do it to have a chance of arguing it. I would say stopping means being stationary for at least a second to properly look both ways.
Good luck but really the cop is just goping to say in his opinion you didn't stop.
Hopefully the judge will give you benefit of doubt if you have a clean driving record and haven't blown stops or give ways before etc...

[TheDemonLord]

[BlackSheepLogic]

I agree as well. He probably can't do it himself so you obviously can't BS. Film yourself stopping without putting your foot down.

+1

"He asked if I put my foot down when I stopped ........." - if these were his words then he agrees you stopped, you just didn't put your foot down. Using this, the legislation where it doesn't mention requiring you to put your foot down, and a practical example of you being able to stop without putting your foot down will be the best chance you have.

[Waihou Thumper]

Stationwagon?
I was going along Holland road and saw the white flashing lights on his grill....
I thought maybe someone was speeding but....IT WAS YOU THEN....

[Swoop]

There are riders around (a few on here) who are able to balance their bike for quite long periods - with their wheels not rotating "at a complete standstill". MDU used to be able to hold for up to 30 seconds.

There is the requirement to come to a complete standstill at a stop sign. Two police persons have now stated that even if you are second in the queue and stop, that is acceptable (to them, at least. Dunno about a judges' interpretation of that.)
There is no requirement to place your foot on the ground, even though we are taught to do that. Where would the line get drawn? A quick "stomp" on the ground as you move slowly??
So long as the wheel ceases rotation and you look for a clear road to enter/cross, the time taken to accomplish that is irrelevant.
Should car drivers have to apply their handbrake in the same circumstance??

Clearly the bacon is making sure people do not run the red, and you haven't (as he witnessed your actions). Presumably he needed an extra stamp in his customer loyalty card at Dunkin' Donuts...

[skippa1]

Fucken bacon bullshit.....

[swbarnett]

I've come through that intersection a number of times and never stopped once. Anyone that needs to stop to see if the tracks are clear needs their eyes checked. I think LTNZ or the Hamilton council needs to be charged with "Over zealous use of a stop sign".