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NSW Fine for "Drive on footpath"

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by somerider, Jun 21, 2011.

  1. I have been fined for driving on the footpath. To add insult to injury it was handed out by a bicycle cop who at the time "didn't know if I can write a ticket for this".



    Run down of the situation....
    Was riding (slowly) down what in my opinion isn't a road or a footpath. For anyone that parks in t he CBD you may know of the large bike parking area out side the price water house cooper building next to the on ramp to the Anzac bridge. The "area" which i was riding on is literally overflowing with parked bikes on a daily basis. There are "no parking" signs on one side but it seems odd to me that they would put no parking signs on something that was not actually a road.

    Anyway I politely tell the guy I was just turning round and had no idea it was even a footpath. He said he wasn't sure if he could book me or issue me a warning so he took down my details and pedaled off into the distance.

    Today I received a hand written envelope containing a $258 demerit fine for "drive on footpath" my "bike blue honda". So I have a few questions:
    1. How many demerit points is it for?
    2. Does anyone have any advice on challenging this?
    3. If they don't fill in certain fields such as DOB on the fine is it still valid?

    On a side note does anyone know how often you regain points in NSW on a full license?

    Sorry for the thesis-length post!
     
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  2. Did u keep your helmet on if you did jus say it wasnt you.
    That lady with the burqa got away with it so next time i get pulled up im not pulling my helmet off.
     
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  3. Sounds a bit weird really. You cross footpaths every day leaving home, work the shops.
    Does it have your rego number on the fine ????
    I'm always one to say cop it on the chin and move on but this just sounds too suss.
     
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  4. It's kinda off-topic, but her charge wasn't for a motor-vehicle issue. Her charge was for falsely accusing a police officer of forcefully removing her head covering. It was overturned because there wasn't a way to prove it was her.

    With motor vehicle charges (e.g. riding on the footpath) it's owner-onus: It is assumed that you, the owner, were responsible for riding on the footpath. Or if it wasn't you, you know who was in charge of your vehicle at the time.

    If they cannot identify who the rider was at the time, they will charge the owner of the motorcycle unless the owner can point them toward who was actually in control of the owner's vehicle at the time.

    Conversely, if you accuse a police officer of forcefully trying to remove your motorcycle helmet and you're charged with false accusations, your anonymity behind the tinted visor and helmet might get you off of the charge, as happened with the burqa'd lady.



    Edit: On-topic, the Australian Road Rules are fairly explicit in terms of what duration of driving on a footpath and/or crossing a footpath is permitted. http://www.ntc.gov.au/filemedia/Reports/ARR_February_2009_final.pdf is the current national set.

    Page 297 if 399 sets it out:
    288 Driving on a path
    (1) A driver
    (except the rider of a bicycle) must not drive on a
    path, unless subrule (2)
    or (3) applies to the driver.
    Offence provision.
    Note Bicycle is defined in the dictionary, and path is defined in
    subrule (6).


    (2) A driver may drive on a path if the driver is:
    (a) driving on a part of the path indicated by information
    on or with a traffic control device as a part where
    vehicles may drive; or
    (b) driving on the path to enter or leave, by the shortest
    practicable route, a road-related area or adjacent land
    and there is not a part of the path indicated by
    information on or with a traffic control device as a part
    where vehicles may drive; or

    (c) permitted to drive on the path under another law of this
    jurisdiction.
    Note Adjacent land, traffic control device and with are defined in the
    dictionary, and road-related area is defined in rule 13.


    I'm not familiar with the building in question (at least, off top of head. I've lived in and out of Sydney a few times)... IANAL, but if it's a designated bike parking area you were going to/from, well... See the Australian Road Rule entry I quoted above. Shortest practicable route to enter or leave a road-related area, right?
     
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  5. take some photos, send them off and ask for a review (I assume you can do that the same way we can in Vic)
     
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  6. Agree with spots about entering and leaving by shortest route is a defense.

    You get your points back after three years
     
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  7. What he said.
     
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  8. Only IF you maintain a clean record for 12 months.

    I've just gotten my license back from suspension. RTA records has me losing at least 2 demerit points every year for 5 years. I was suspended for losing all my points during that 5 year stretch.
     
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  9. which part of the parking bay did this happen? I park there on a daily basis and see some questionable bits, but if it's the bit I think then that's just being an@l to say the least... As the way the bikes all end up parking there are times when you have to drive over the footpath bit to get back to what I'd call the roady bit so you can get over the red light sensor and get out of there!
     
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  10. My mistake, is that the last year with clear record? How does it work?
     
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  11. How does the three year period work

    This is the period in which the offences must be committed that have caused you to reach or exceed your demerit point threshold. It is calculated using the offence dates. The three year period ends on the date you last committed an offence so the three year period can be any three year period in the past.

    Suspension can only be applied if you exceed your demerit point threshold for offences committed within a three year period.

    Do demerit points become too old to be counted towards suspension?


    The law does not limit the counting of demerit points to offences that are less than three years old. Demerit points remain on a person’s driving record irrespective of the age of the offence. However, the RTA considers it unreasonable to count offences that are more than 40 months old.
     
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  12. Any money that was written by an arts student.
     
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  13. It's bloody terrible whoever it was.
     
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  14. It's got nothing about a 12 month good behaviour for them to drop off rule?
     
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  15. there is none afaik in NSW

    EDIT: short of going to court and getting a section 10?
     
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  16. Nothing. Only what it says here:
    The law does not limit the counting of demerit points to offences that are less than three years old. Demerit points remain on a person’s driving record irrespective of the age of the offence. However, the RTA considers it unreasonable to count offences that are more than 40 months old.

    There's also this which is unrelated:
    Good behaviour period

    Unrestricted licence holders who receive a Notice of Suspension due to the accumulation of demerit points can apply for a 12 month good behaviour period instead of serving the suspension. This option is not available to provisional or learner licence holders or those already serving a good behaviour period.

    A good behaviour election must be made before the suspension begins. If the election is not made before the required date, then the suspension will be enforced. The relevant legislation does not give the RTA the discretion to reissue the suspension notice with a new date or to change a suspension to good behaviour after the suspension period has begun.

    Licence holders who accumulate 2 or more demerit points while serving a good behaviour period will be suspended for double the original suspension time.
     
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  17. Interesting. Does it say how it works with the extra point you can get if you need a license for work?

    ie do you lose 14 points then get a good behaviour bond or w/e?
     
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  18. Can't see anything that says otherwise. Sent an email about it.
     
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  19. i was told by the RTA they count out ot 40 months.....so they can "catchup" with any fines in the "system"....

    f cukers.....so it isn't 3 yrs, but 3 1/2......total rubbish
     
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  20. That's weird especially as fox rider claimed to have just been suspended for it.
     
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