Need Advice - Got Done On Bus Lane/t-way

[siddr20]

From knowledge it should be 1 point $183 bucks....

Sounds more like a speeding fine??

Deff not a speeding fine. No where on the paper does it state what speed i was travelling at or gone over.

Hense why i made this thread. 3 points is way to much!! Sure if you go in a bus lane during peak times and you can see busses around you etc then cop it.. But this was done at 11pm with no traffic whats so ever.

Will wait for their response (hope it goes well).

Thanks for the person who posted info abotu section 10. Will be great for others to know also.

[4teecal]

Thanks for the person who posted info abotu section 10. Will be great for others to know also.

The most important thing ot note about Sections 10 is the higlighted bit that magistrates cannot act on demerit points. Pay no fine but still lose the points.

[malcolm]

... its just revenue raising ... state goverments have to come up with revenue raising schemes & ideas to help supplement their expenditure ...

... thats why theres so many ways they can catch you ... they figure sooner or later even the most careful driver will fall prey to something ...

... the points system is designed to make money ... why 12 points ? ... why not just 3 & have you lose your license after you go through 4 sets of 3 points ? ... they have 12 because someone with 12 points is more likely to make a mistake than someone with 3 ... you feel with 12 points that you can afford to lose some & therefore will have your guard down & more likely to offend ... a driver down to 3 points is more likely to safeguard those precious last 3 points & be more careful ... thats also why they will offer someone who has lost all their points a 12 month good behaviour contract ... it would normally take 3 years to get all your individual offence points back ... with the 12 month good behaviour contract they give them all back to you after just 1 year ! ... why ? ... so they can quickly get you back into that comfortable feeling of having that buffer of 12 points so you can start losing them again ... it has nothing to do with making anyone a better driver ... just all about making money ...

... $253 in 6 years is $42 a year ... not a figure worth worrying about ... they could always get rid of that $253 bus lane fine & add $253 to your rego & greenslip ...

... but they wont ...

... unfortunately in the western world this is just how things are done ... a society based on economics needs economics to maintain itself ...

... having to complain about stuff like this isnt nearly as bad as living somewhere where owning your own motor car is still a far away dream

[siddr20]

... having to complain about stuff like this isnt nearly as bad as living somewhere where owning your own motor car is still a far away dream

Thats true.

Well i got my responce back today and the declined my leniency.

"We examined the details of the penalty notice and considered the issues you raise. Based on the

circumstances you describe we cannot, under our guidelines, cancel or offer leniency for this

offence. We confirm the penalty notice was legally issued and conclude that the penalty still

applies.

For us to consider leniency based on driving history, the driver must have held a provisional or

full licence for the ten years before the date of offence and must not have an offence recorded on

their driving record in that time. You have not held a Driver Licence for this period."

Well atleast i tried. So now im back to 0 years

STUPID BUS LANES!!!!!!!!!!!!!!!!!

[Prue]

Andrew & I were staying in Sydney one night & went down a street trying to find the hotel, turns out the whole street was bus lanes.. didn't get caught but I can understand how you didn't realise you were in one.

[oweban]

Wait, so some stupid bitch gets off for drink driving because there's no buses that go to her place, and you don't get off for accidentally being in a bus lane??

GET f**kED

I have to walk 20 minutes from my nearest bus stop/ train station to get to my house too, does that mean I can drink drive after a party because it's too hard? It would have cost her $8 to do so

f**king shitty system in place

dude, respond and then ask how it's applicable that someone knowingly broke the law by drink driving was allowed a section 10 but an error in judgement is slammed down on

i am SO angry over this

[GTR-N1]

Wait, so some stupid bitch gets off for drink driving because there's no buses that go to her place, and you don't get off for accidentally being in a bus lane??

i am SO angry over this

Justice has become a casualty eh Owen?

[siddr20]

cpd - Can you please link me more info that case. When did it occur?

[oweban]

Was on the front page of the newspapers... I'll find it.

Terry: Pretty much. It's ridiculous.

http://www.smh.com.au/nsw/law-review-after...0804-11aba.html

So because she would have had to walk 20 minutes and it would have taken her 2 hours to get home, she drove drunk.

It'd take me 2 hours to get home from Bondi too!!!!! GRRRRRR and a lot more than that on trains

[oweban]

Oops, Paddington. Still; the point remains.

This is for leaving after 10:30pm, which apparently she did (after a work function).

[siddr20]

THATS BS!!!! how can someone get away from drink driving. Doesnt matter what the curcimstances are. Shes putting everyone else on the road in danger.

If she knew she had a bad public transport to her area, then why drink at all. Catch a taxi instead.

I wrote them another letter and sent them that link. Will wait to see what they say.

[oweban]

THATS BS!!!! how can someone get away from drink driving. Doesnt matter what the curcimstances are. Shes putting everyone else on the road in danger.

If she knew she had a bad public transport to her area, then why drink at all. Catch a taxi instead.

I wrote them another letter and sent them that link. Will wait to see what they say.

Yeah, or why go?? Or stay the night, or one of many other things she could have done to eliminate herself as a risk.

It's a joke, I totally agree with what the police are saying. Especially because there's no points associated with it, she'll be back out on the road going "hehe guess what I got away with".

RAGE

[siddr20]

Will wait for the response from them and see what they say. But i agree, its not right.

[Kujotk]

I got done in a transit lane in 2008,

only $79 fine and no demerit points....

I wouldn't think the bus lane things would have been any different to the transit lane fines.

Doesn't sound fair matey

[siddr20]

$79 dollar fine and no points taken off sounds fair. Just like a parking fine.

But 253 plus 3 points is pretty damn high

[b0neR]

While the finding re: Ms Henley is a little surprising I don't think we can fully appreciate her circumstances since (presumably) nobody here knows the full story or was present at her hearing. Nor can we fully appreciate the disposition of the presiding magistrate and thus fully understand his judgment of the issue. That being said she probably had a hell of an advocate who must of been particularly proficient in the art of persuasion (it is, after all, their job). Ostensibly one of the main arguments Ms Henley sought to advance, amongst others, was that without her license she would have lost her job and that this would have adversely affected her family. Hence a preference for a finding that allowed her to keep driving. Motorists frequently seek to have their licenses restored, having been found driving whilst disqualified, on the grounds that they require their license to remain gainfully employed.

In light of any criminal offence section 10 of the CSP Act applies to everyone (and every charge) equally. A view to the contrary would be repugnant to the fair administration justice. As far as NSW laws are concerned there is nothing that precludes the application of s 10 in matters of drink driving. The anomalous issue is that a driving offence as serious as DUI carries with it no sanction in the form of demerit points, hence why Ms Henley received no demerit points; surely a pragmatic oversight of the law makers who would have assumed that anyone charged with such an offence would have had their license disqualified. An order under s 10 acknowledges guilt without, however, proceeding to conviction. This is why Ms Henley's license was not revoked. This is where I have a particular problem with the decision. Effectively the court, in making an order under s 10, extra-juridically qualifies the rules of the RTA. Recall that a magistrate may dispense with traffic offences under s 10 and waive fines etc. but they CAN NOT stop an offender accruing demerit points. If Ms Henley had of disputed her guilt in the matter (i.e. pleaded not guilty) and subsequently "beat the charge" then, at least on legal grounds, I'd be comfortable with the decision.

None of this is meant to be taken as legal advice. At any rate, siddr20, you should consult a lawyer if you want to dispute the penalty.

Edited August 11, 2010 by b0neR

[GTR-N1]

^^^ good explanation!

Methinks a mockery of Sec'n 10 is ultimately going to lead to a review...

much like how Sec'n 556a was overtaken by Sec'n 10.

[4teecal]

I got done in a transit lane in 2008,

only $79 fine and no demerit points....

I wouldn't think the bus lane things would have been any different to the transit lane fines.

Doesn't sound fair matey

You should buy yourself a lottery ticket, because whoever fined you has give you the incorrect offence. Travelling in a transit lane carries the same monetary penalty as a bus lane and has done since about 2005.

[ClutchBurndout-:(]

its a shitty system indeed, im in vic, and i got fined (no demerits) for rolling my old car because animals jumped in front of my car at night around a bend, was 100km zone and i lost it on the bend and rolled it, got the fine of 180 bucks for not maintaining control of my vehicle.

thats how the system works, you get punished for nothing.

[b0neR]

its a shitty system indeed, im in vic, and i got fined (no demerits) for rolling my old car because animals jumped in front of my car at night around a bend, was 100km zone and i lost it on the bend and rolled it, got the fine of 180 bucks for not maintaining control of my vehicle.

thats how the system works, you get punished for nothing.

I don't mean to sound cynical but if that's what really happened then you should have disputed the penalty.

Edited August 13, 2010 by b0neR