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 7:08 pm

This may have been done before if so please point me to this discussion, but as a bike rider if I run a light or exceed the speed limit do the police have the power to fine or can they also take points from your car license ?
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by BNA » Wed Feb 29, 2012 7:15 pm

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Re: Doing the wrong thing fines and demerits

Postby Comedian » Wed Feb 29, 2012 7:15 pm

What state are you in?
Once you can climb hills on a bike it's all downhill. :mrgreen:

Hopefully I'll know what that's like..... one day. :shock: :lol:

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Re: Doing the wrong thing fines and demerits

Postby t_mhulme » Wed Feb 29, 2012 7:33 pm

My bad Im in NSW
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Re: Doing the wrong thing fines and demerits

Postby gururug » Wed Feb 29, 2012 9:26 pm

Fine and Points in NSW
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Re: Doing the wrong thing fines and demerits

Postby Ribz » Wed Feb 29, 2012 9:28 pm

Qld is the same. Fine and points.
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Re: Doing the wrong thing fines and demerits

Postby waramatt » Wed Feb 29, 2012 9:31 pm

Sorry for stating the obvious, but don't do it (run red lights etc).... :wink:
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Re: Doing the wrong thing fines and demerits

Postby damhooligan » Wed Feb 29, 2012 10:02 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. :D
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. 8)


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.... :D
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 10:11 pm

Was thinking of DUI.
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Re: Doing the wrong thing fines and demerits

Postby Oxford » Wed Feb 29, 2012 11:01 pm

Ribz wrote:Qld is the same. Fine and points.

Interesting under the Schedule 7 Dictionary of the Transport Operations (Road Use Management) Act 1995, Transport Operations (Road Use Management—Driver Licensing) Regulation 1999. A demerit points offence is described as:
demerit points offence means an offence, other than an offence committed by a person while riding a bicycle, against a provision mentioned in schedule 3.

Schedule 3 lists the points allocated per offence. Cyclists caught infringing any of the Schedule 3 offences on a bicycle are as a result excluded from the accumulation of demerit points for those offences.
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Re: Doing the wrong thing fines and demerits

Postby philip » Thu Mar 01, 2012 7:11 am

damhooligan wrote:feel free to prove me wrong. 8)

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.
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Re: Doing the wrong thing fines and demerits

Postby damhooligan » Thu Mar 01, 2012 9:14 am

philip wrote:
damhooligan wrote:feel free to prove me wrong. 8)

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.


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..
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Re: Doing the wrong thing fines and demerits

Postby invisable » Thu Mar 01, 2012 2:18 pm

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 ".
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Re: Doing the wrong thing fines and demerits

Postby greyhoundtom » Thu Mar 01, 2012 3:50 pm

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 ".

Sounds like some police officers are making up the rules as they go along.

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. :roll:
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Re: Doing the wrong thing fines and demerits

Postby t_mhulme » Thu Mar 01, 2012 6:30 pm

OK now Im confused, obviously dont run a red ! but the speeding thing is intriguing !
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 Oxford » Thu Mar 01, 2012 6:39 pm

t_mhulme wrote:OK now Im confused, obviously dont run a red ! but the speeding thing is intriguing !
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.

yes but if you want to get a license, the accumulated points may stop you for a period of time till the points lapse.
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Re: Doing the wrong thing fines and demerits

Postby ruscook » Thu Mar 01, 2012 7:59 pm

damhooligan wrote:
philip wrote:
damhooligan wrote:feel free to prove me wrong. 8)

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.


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..

I doubt it.

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 Oxford » Thu Mar 01, 2012 8:47 pm

ruscook wrote:...
I doubt it.

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...

You've quoted the road regulations, which covers road users and how they may use the roads. Fines and demerit points are potentially as they are in Qld covered under different legislation and covers what penalties apply for misuse of the roads. This legislation may or may not include bicycle riders.
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Re: Doing the wrong thing fines and demerits

Postby Euan » Thu Mar 01, 2012 8:53 pm

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.
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Re: Doing the wrong thing fines and demerits

Postby Dizz » Fri Mar 02, 2012 9:06 am

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.


+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.

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. :wink:
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Re: Doing the wrong thing fines and demerits

Postby Comedian » Sun Mar 04, 2012 8:23 pm

A friend got done for running a red light the other day. She was following the bunch through and it was red for her but she continued and then "whoop" from the siren and she was nicked. A $110 fine an NO DEMERIT POINTS was the outcome. :)
Once you can climb hills on a bike it's all downhill. :mrgreen:

Hopefully I'll know what that's like..... one day. :shock: :lol:

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Re: Doing the wrong thing fines and demerits

Postby London Boy » Tue Mar 06, 2012 9:13 pm

ruscook wrote:
damhooligan wrote:
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..

I doubt it.

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...

No, see Road Transport (Driver Licensing) Act 1998 (NSW) which says, relevantly:

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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