Summernight wrote:The ~$350 dooring fine is apparently winging its way in the mail to him. The police told me they investigated all the other road rule/criminal offences in addition to the dooring offence that might be applicable (ie. hit and run etc.) but they told me these rules refer to the 'driver' of the vehicle only (see 287 of the Road Rules) and therefore the passenger who caused the issue cannot be fined for said offences and if the police tried this it would be thrown out of court. They are also not taking him to court for the steeper dooring penalty (although he may choose to object to the fine and it'll go to court that way).
If anyone wants to waste some time on the Vic Road Rules or Vic Crimes Act and point out a relevant section that might apply I'd be interested. (eg. section 18 Crimes Act - causing injury intentionally or recklessly???).
Ok, so it's s269(3) for the dooring. You might also get the other passengers under s269(1) for getting out of a moving vehicle. You might get away with that, just depending on the police attitude to testing it in court.
Try also s265 "A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must [...] wear the seatbelt properly adjusted and fastened". I'd like to see them do that while getting out of the cab. That would go for all three passengers.
And if they argue the cab was parked, then the driver has committed an offence because it was a no stopping area, see s167.
I'd also want to know about when these guys paid the fare. If the cab driver was taking payment immediately before they got out, then s297 seems relevant, "A driver must not drive a vehicle unless the driver has proper control of the vehicle". You don't have that when you're reading a meter or fiddling with change. I'd guess you use the same logic as for mobile phones. You can't use them even if you are held up in traffic.
Summernight wrote:To get reimbursed the <$100 for the repair of my damaged bike I have to make a FOI application or something to get his details and then go through the civil claims process for reimbursement.
Have you tried the taxi driver's insurer? Otherwise it would be a letter of demand to the passenger who opened the door.