Unsafe passing manouver

[davereid]

Write in and say you deny the offence and will defend it. Likely it will go away without ever going to court. Even if it does go to court, its the truck drivers opinion only, V your opinion. There was no accident, and no other witnesses, you will likely win. Its worth defending, as there are driving demerits associated. You can alawys get more $$ but licence points are limited !

[pzkpfw]

Mind you sitting on 90kph all day would be total torture.

That's a Tui ad.


It's one of the things I hate about speed cameras.

If the things are set to take photos at some speed over 100km/h - how do they catch trucks (or cars with trailers) going over 90?


(Not that I mind; better for the trucks to be doing 100 when they can... but why are laws so unevenly policed?)

[scumdog]

It's your word against the truck driver's. If asked in court, the cop will have to state under oath (provided he's honest ) that he did not see the overtaking manouver in question.


And of course, the truck driver's unlikely to turn up in court as a witness for the prosecution...

Hmm, GENERALLY a ticket would not get written out UNLESS the witness (truck driver) said they were prepared to go to Court and give evidence about the offence.
So it wouldn't be hear-say then.

You could elect to defend the ticket and let the judge decide if it was indeed 'unsafe'.....

[Patrick]

That's a Tui ad.


It's one of the things I hate about speed cameras.

If the things are set to take photos at some speed over 100km/h - how do they catch trucks (or cars with trailers) going over 90?


(Not that I mind; better for the trucks to be doing 100 when they can... but why are laws so unevenly policed?)

They can do the occasional 90kmph blitz... place the camera on "standby" while the cars and bikes pass by, reset as the trucks etc approach... dunno if it happens often enough though, if at all.

[Pancakes]

Cop was a total pancake.

Oh shit!! I'm a cuss word!!

[Sanx]

place the camera on "standby" while the cars and bikes pass by

Or ... leave the camera on and set to trigger at 90kph catching everyone who goes by regardless of vehicle type, and then only discover the 'accident' should a driver or rider question why he got a ticket.

Wierd thing is, the technology to automatically adjust cameras for vehicle type has been around for a long time. One of the NZ car magazines raised this exact issue with the Police a couple of years ago. The cops passed it on to the Police Complaints Authority as the letter accused them of bias (which it did - the letter was badly written and emotive). The complaint, of course, then just got buried never to surface again.

[mark247]

Oh shit!! I'm a cuss word!!

no offence intended pancakes.

[MSTRS:Me]

Hmm, GENERALLY a ticket would not get written out UNLESS the witness (truck driver) said they were prepared to go to Court and give evidence about the offence.
So it wouldn't be hear-say then.

You could elect to defend the ticket and let the judge decide if it was indeed 'unsafe'.....

Do you really think the truckie would go to all that trouble? Unlikely.
Write in and defend, defend, defend.
Could also offer to take the judge on pillion and show him what you did??

[90s]

... Even if it does go to court, its the truck drivers opinion only, V your opinion...

Scumdog would have a better idea of this, but the way I see it could pan out would be this:

The section of road (left-hand sweeper, visibility) is the context here. Cops and van driver can BOTH attest that they think overtaking at this location would be dangerous at any time etc. And who might the decision go with?
Its an opinion sure, but not one of whether the event was dangerous but the context, which they can make an objective case out of. Add to this there is ALSO the still opinion of the truckie, as a "professional", that he felt he needed to react to a maneouvre badly executed.

The dice are loaded against us when we defend a complaint, and they hope that we pay the fine to make it all go away.

Hope it works out for you but da man, well, he mighty powerful.

[chris]

Take Todd's advice and publish the truckie's rego.

[Sanx]

The section of road (left-hand sweeper, visibility) is the context here. Cops and van driver can BOTH attest that they think overtaking at this location would be dangerous at any time etc. And who might the decision go with?

What's dangerous in a car or truck is not necessarily dangerous on a bike. Secondly the offence is not 'overtaking at a location which is dangerous' but an 'unsafe passing manouver' - which necessarily involves the Crown proving that this particular manouver was unsafe. The cop didn't see it, so he cannot comment other than to report what the truckie said. Whether or not he feels the location is unsafe is irrelevant.

[slopster]

To give a bit more detail of the passing I came over a crest and from my elevated position I could clearly see around the gentle left hand corner before moving into the right lane where I could still see all the way to the next crest so visability was not a problem. The policeman being a local highway patrolman was familiar with the corner from driving it previously. I intended to take a photo of the corner on my way home that arvo but couldn't remember exactly which one it was.

[Patrick]

Oh shit!! I'm a cuss word!!

No, you're cuss words, plural!!

[Patrick]

Scumdog would have a better idea of this, but the way I see it could pan out would be this:

The section of road (left-hand sweeper, visibility) is the context here. Cops and van driver can BOTH attest that they think overtaking at this location would be dangerous at any time etc. And who might the decision go with?
Its an opinion sure, but not one of whether the event was dangerous but the context, which they can make an objective case out of. Add to this there is ALSO the still opinion of the truckie, as a "professional", that he felt he needed to react to a maneouvre badly executed.

The dice are loaded against us when we defend a complaint, and they hope that we pay the fine to make it all go away.

Hope it works out for you but da man, well, he mighty powerful.

How about a helmet cam showing your view perspective? Might show total vis throughout (or not... DOH!)

EDIT ; Just read your post about not knowing which corner... DOH... DOH!!

[McJim]

If you defend it it's your word against the truckie's which corner it was.

It's your word against the truckie's which of the passing bikes was you.

It's your word against the truckie's that you even overtook anyone on that stretch of road.

If he has singled out the wrong bike then he's wasting Police time and should be facing charges himself.