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VIC Fined $704 - car park test ride.

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Sheeth, Aug 21, 2012.

  1. I am hoping someone can tell me whether this fine I received is valid.

    Last Sunday 19/8/12 I went to inspect a bike for sale in Corio. We decided to meet at the Bunnings warehouse car park near the freeway. I looked at the bike and was a little unconvinced. So I decided to try the bike slowly around the car park to ensure everything worked OK. As I returned to the car where the owner of the bike was, a Police officer pulled up. I switched off the bike as he was asking questions. The Officer took my details and informed me there would be a small fine in the mail. Today I received the fine of $704 for use of an unregistered vehicle.

    Can someone please verify if I can be fined for using an unregistered vehicle in a car park? BTW The infringement notice clearly states that I was in the Bunnings car park. I also have 2 witnesses.

    I have a perfect driving record with no fines or offenses and will be contesting what I believe to be an unfair/invalid fine.

    Any advice or suggestions are appreciated.

  2. It's my understanding that a car park which is open to the public is subject to the laws of the road, so they may be correct.

    I strongly suggest checking with a legal representative!
  3. I believe that a carpark is defined as a road related area due to entrances to and from a road being part of it.
    • Like Like x 1
  4. #4 smileedude, Aug 21, 2012
    Last edited by a moderator: Oct 24, 2015
    Sorry can't help, but that is farked!

    • Like Like x 2
  5. 11. Rules apply to vehicles and road users on roads and road related areas

    (1) These Rules apply to vehicles and road users on roads and road related

    Note ..... road related area is defined in rule 13,


    13. What is a road related area

    (1) A road related area is any of the following-

    (d) an area that is not a road and that is open to or used by the public
    for driving, riding or parking motor vehicles;


    Sorry :(
    • Like Like x 1
  6. You could claim that you were unaware the bike was unregistered as you were test riding it in order to purchase it, Don't know if that will carry any weight, but yes a car park is treated no different.
  7. Take it to court, it should be thrown out or seriously reduced.

    If, as you say, you have a clean driving record and you were not the owner of the bike I think you will be fine (no pun intended).

    I would not bother engaging a solicitor, extra cost not required, rep yourself, peice of cake.
  8. As others have said, the bunnings car park is somewhere that is, "open to and accessible by the public", which makes it a "road related area".

    As such, it is subject to the same laws as a road (or what would usually constitute a road). I think I recall learning somewhere along the way that the driver of any motor vehicle is responsible for it's registration status before the commencement of driving.

    So, unfortunately I'm not sure what leg you have to stand on, other than pleading for leniency on this occasion.

    Edit: looks like others beat me to it whilst I was writing my post. Sorry for the double up.
  9. This is the exact reason why motorcycles at government training agencies must have registration and state plates on them for learners / provisional riders to use and exactly why even their own bikes are registered with plates.
  10. So the sob grabbed an easy revenue
    And they wonder why they have no respecr.

    Someone was probbally getting mugged around
    The corner but there is no revenue in that is there
    • Like Like x 4
  11. Ring the local talk radio station
    Gets some media attention on the sob
  12. There is for the mugger
  13. Nearly all gone blab (
  14. The guy that owned the bike deserved the fine IMHO.
  15. Wow, that's one low dog of an act!
    Don't suppose you checked the rego sticker? (was it expired?) If not expired you might have a case, otherwise hope for a magistrate with a human streak to reduce it.
  16. As you are in Victoria you will find carparks of this kind fall under the Road Safety Act (1986) and as such you can be issued infringements as if you were out on the road.

    Also in Victoria it is the onus is on the driver / rider to ensure the vehicle is registered prior to driving / riding.

    I don't think you will have any luck challenging it in Court.

    If that amount is going to be difficult to pay in one hit you can apply for an instalment order through Civic Compliance and pay it off that way.
  17. #17 smileedude, Aug 21, 2012
    Last edited by a moderator: Oct 24, 2015
    This is not a bad idea. Also as much as i hate them, current affairs shows might be a good option too. They love this shit and would probably cover your fine for the story.

    It is whoring yourself out though.

  18. What happens when we don't have to have the rego sticker on any more, such as is happening in Tassie and other states???
  19. The onus is on the owner--they get the fine.
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