Doing the wrong thing fines and demerits
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Doing the wrong thing fines and demerits
Postby t_mhulme » Wed Feb 29, 2012 8:08 pm
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Re: Doing the wrong thing fines and demerits
Postby Comedian » Wed Feb 29, 2012 8:15 pm
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Re: Doing the wrong thing fines and demerits
Postby t_mhulme » Wed Feb 29, 2012 8:33 pm
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Re: Doing the wrong thing fines and demerits
Postby gururug » Wed Feb 29, 2012 10:26 pm
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Re: Doing the wrong thing fines and demerits
Postby Ribz » Wed Feb 29, 2012 10:28 pm
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Re: Doing the wrong thing fines and demerits
Postby waramatt » Wed Feb 29, 2012 10:31 pm
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Re: Doing the wrong thing fines and demerits
Postby damhooligan » Wed Feb 29, 2012 11:02 pm
gururug wrote:Fine and Points in NSW
really ??
I am interested as in, can you provide a link ??
As it is pointed out by aushiker, it is only fine in wa, and no points.
The same as in victoria.
I highly doubt it is different elsewhere..
I had a quick look, and can not find any cycling related offenses that wil get you demerit points..
In the sub cycling section part 15 of the legislation, nothing is mentioned for speeding.
nor does any offense mention demerit points.
The only demrit point related to speeding are for drivers,
as the nsw legislation clearly states ; A driver is the person who is driving a vehicle (except a motor bike, bicycle, animal or animal-drawn vehicle).
So as I read the legislation, no demerits for bicycles.
feel free to prove me wrong.
p.s., you can search for demerit offences, so I typed in bicycle..
Only come up with 4 options, and all of them are offenses made by motorists....
http://www.rta.nsw.gov.au/cgi-bin/index ... or=bicycle
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Re: Doing the wrong thing fines and demerits
Postby gururug » Wed Feb 29, 2012 11:11 pm
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Re: Doing the wrong thing fines and demerits
Postby philip » Thu Mar 01, 2012 8:11 am
I know for sure a mate of mine has had points taken off his drivers licence for running a red light on his bike in NSW.damhooligan wrote:feel free to prove me wrong.
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Re: Doing the wrong thing fines and demerits
Postby damhooligan » Thu Mar 01, 2012 10:14 am
that could also mean the cop who booked him did not know the rules....philip wrote:I know for sure a mate of mine has had points taken off his drivers licence for running a red light on his bike in NSW.damhooligan wrote:feel free to prove me wrong.
i think if your mate challenged those demerit points, he could get them returned..
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Re: Doing the wrong thing fines and demerits
Postby invisable » Thu Mar 01, 2012 3:18 pm
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Re: Doing the wrong thing fines and demerits
Postby greyhoundtom » Thu Mar 01, 2012 4:50 pm
Sounds like some police officers are making up the rules as they go along.invisable wrote:Hi just reading your post, I know someone who was fined for NOT exceeding the speed limit, but the cops fined him because they determined he was going to fast for the vehicle he was on, it was some time ago, but he was doing about 70km in an 80km zone "down hill ".
Unless there were other unreported factors involved in relation to other traffic on the road, pedestrian crossing etc. that is a not fine I would cop on the chin.
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Re: Doing the wrong thing fines and demerits
Postby t_mhulme » Thu Mar 01, 2012 7:30 pm
Im in a country town that has a notoriously fast piece of public road used for the odd motor race ...
I can easily exceed 80ks where it is a 60 k limit and we often have the boys and girls in blue patrolling that section of road.
so from what I understand, and thanks for all the input on the topic by the way, but if im caught I can cop a fine and also lose points so be it.
but if I dont have a car license for whatever reason, I only get the fine ?? yet the license only applies to driving a car. - sounds a little lopsided to me.
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Re: Doing the wrong thing fines and demerits
Postby ruscook » Thu Mar 01, 2012 8:59 pm
I doubt it.damhooligan wrote:that could also mean the cop who booked him did not know the rules....philip wrote:I know for sure a mate of mine has had points taken off his drivers licence for running a red light on his bike in NSW.damhooligan wrote:feel free to prove me wrong.
i think if your mate challenged those demerit points, he could get them returned..
Who is a rider: http://www.legislation.nsw.gov.au/fragv ... N?tocnav=y
References to driver include rider: http://www.legislation.nsw.gov.au/fragv ... N?tocnav=y
The road rules (http://www.legislation.nsw.gov.au/viewt ... 008+fn+0+N) define a bicycle rider as a rider (the same as a motorcycle rider) and a rider is defined as a driver. Therefore all fines and demerits that apply to a driver apply to a rider...
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Re: Doing the wrong thing fines and demerits
Postby Euan » Thu Mar 01, 2012 9:53 pm
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Re: Doing the wrong thing fines and demerits
Postby Dizz » Fri Mar 02, 2012 10:06 am
+1, I have been fined for what amounts to essentially “claiming the lane” at least half a dozen times over the last 30+ years. I have contested every infringement and won every time without the requirement to attend court.Euan wrote:Demerit points do not apply to cyclists. That doesn't mean the cops won't put the paperwork in, it's up to you to contest it. I got cited for claiming the lane in the CBD, contested it, dropped.
Never let the ignorance of a few "Law Enforcement Officer" and the general motoring public deter you from operating your non-motorised vehicle in a manner that assure your safety; claim your lane and relish the safety, the alternative is not a safety strategy.
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Re: Doing the wrong thing fines and demerits
Postby Comedian » Sun Mar 04, 2012 9:23 pm
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Re: Doing the wrong thing fines and demerits
Postby London Boy » Tue Mar 06, 2012 10:13 pm
No, see Road Transport (Driver Licensing) Act 1998 (NSW) which says, relevantly:ruscook wrote:damhooligan wrote:I doubt it.philip wrote:that could also mean the cop who booked him did not know the rules....
i think if your mate challenged those demerit points, he could get them returned..
Who is a rider: http://www.legislation.nsw.gov.au/fragv ... N?tocnav=y
References to driver include rider: http://www.legislation.nsw.gov.au/fragv ... N?tocnav=y
The road rules (http://www.legislation.nsw.gov.au/viewt ... 008+fn+0+N) define a bicycle rider as a rider (the same as a motorcycle rider) and a rider is defined as a driver. Therefore all fines and demerits that apply to a driver apply to a rider...
15 Offences for which demerit points are incurred
(1) The regulations may prescribe:
(a) the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence [...] and
(b) additional offences (relating to the driving or use of motor vehicles) created under a law of this State for which demerit points may be incurred [...]
(2) The Authority may, by notice published in the Gazette:
(a) recognise offences (relating to the driving or use of motor vehicles) created under a law of this State [...] and
(b) specify the number of demerit points incurred for each of those offences.
There is no mention that I can find in this or any other NSW Act that allows a regulation to specify demerit points for offences committed by a cyclist.
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