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VIC Fined for filtering over 30km/h

Discussion in 'Politics, Laws, Government & Insurance' started by lincolnf, May 14, 2016.

  1. Hi Guys,

    Got pulled over on the M1 by a motorcycle cop who claimed I was doing more than 30km/h while filtering.

    The fine came and it was $145, according to the law (Road Safety Road Rules 2009 151A) it should be 3 penalty units ~$450.

    If I go to court and was found guilty would the fine become 3 penalty units ~$450?
  2. seems like you may have been booked for a lesser offence
  3. That is the maximum fine that can be applied by the Court. It is not referring to Traffic Infringement Notices (TIN).

    See above.

    • Informative Informative x 2
  4. Thanks Justus, I was pretty set on taking it to court but if I could be paying more it makes for a tough decision.

    The officer had no radar reading, never followed me to gauge my speed, he flew past splitting a different lane to get in front of myself and another rider.
  5. The fine imposed by the court is not ordinarily more than the TIN, however with court costs included, you may pay more (or less). That is the chance you take.

    • Like Like x 1
  6. Were you doing more than 30? If you know it just pay up.

    If not, and you want to make a stand, it's a risk as if found guilty you will pay more (in time, stress, and $$ as well), and it'll be your word against his.
    • Like Like x 1
    • Agree Agree x 1
  7. Where did this happen?
    • Like Like x 1
  8. Sad but true. I've been told by a few that Magistrates & Judges absolutely hate those who self represent. A Lawyer will cost you thousands and if you don't win you can't claim costs. I had physical evidence that showed a cop was lying (bent & scraped metal on the bike that was inexplicable by the other parties & police version). Still believed the lying cop & the @%&^*^&^ that ran me over.

    Pay the $145 & try to swallow your pride. Hard I know.
    • Like Like x 1
  9. #9 Heli, May 15, 2016
    Last edited: May 15, 2016
    The filtering offence is penalised as low as can be achieved, one penalty unti (for the TIN) and no demerits.

    If I'm exceeding 30kph between lanes of traffic then I ensure that I am overtaking in the same lane, on the right of the overtaken vehicle, and thus not filtering/exceed 30. Against that can be the stiffer penalty of unsafe, but I try to be careful not to open myself to that.
    • Informative Informative x 6
  10. Plus 1 to this. Where abouts was this? I use this road sometimes to get home after work.
  11. Was there any explanation about how he determined your speed? I've been curious since the new laws came in about whether they'd be able to measure your speed other than by point-to-point timing...
  12. I know the cops are supposed to be trained to estimate speed, but I'd be interested to find out where this guy got is experience given that filtering has been legal for such a short time.
    • Agree Agree x 1
  13. #13 KustomCandy, May 15, 2016
    Last edited: May 15, 2016
    I see the problem here is.. This isnt getting any better, Nor is it going away anytime soon. Cops are taking advantage (Milking) the laws of fines handed out. WHICH are mandatory per day/ week.
    Their is a damn good chance you where fined for being legal and you like many others have been trapped.

    IF, we continue to sit back and let it happen. Because it to hard, to much a bother, Just suck it up, You may loose... Well Gents. Where will this lead too 10yrs from now?
    We all know how Bullies at school keep going, when they know full well they can get away with murder.. THIS is no different. Trust me. If we let our selves to be walked over, It will get to breaking point in this country.. If any of you guys have been into the Car scene for more then 25yrs, you will be nodding your heads right now.

    Stand your ground. Take a Chance. If we dont, We cant complain later down the track. Granted, Not all will. And sure, many will have difficulty doing so. But dont get all complacent folks. This has been building for years..

    Side note: YOU can write a letter to the department and ask for the fine to be reviewed.. (Lifted). The address is on the back of the fine. Important!!!! (As told by an officer) Make sure some where in your letter, State, you are sorry for the infringement, and you recognize the wrong and will endevour to not do it again... I know I know. Its saying your Guilty. And in truth its stroking their ego. But it is what it is.
    Secondly, Only works if you driving record is clean, and can only be asked once every several years.

    • Winner Winner x 1
  14. were you doing more than 30?
    was other traffic moving at the time?
  15. got fined for filtering too slowly and for having both wheels down :eek:
    • Funny Funny x 4
  16. #16 chilliman64, May 15, 2016
    Last edited: May 15, 2016
    makes you wonder why they spend millions on lasers and crap if they can just watch you for 5 metres and give you an accurate speed reading - sounds like a guess to me rather than a professional opinion.
    • Agree Agree x 5
  17. #17 chillibutton, May 15, 2016
    Last edited: May 15, 2016
    Mate you need to pick a side. Either you feel you're not guilty and go to court about it, or you cop the fine.

    You can't take a stand by writing the letter to try get off the fine. That's tantamount to admitting guilt but asking for leniency.

    Which do you want?
    • Agree Agree x 2
  18. Getting close to EOFY. This happens every year around this time. Need to make sure they make budget.
    They were all over the speed reduced freeway 'work' zones this weekend.
    • Informative Informative x 1
  19. Inbound near Grieves Pde, multiple police bikes floating around the area that day.

    No he asked if there was any reason why I was doing more than 30km/h while filtering which I denied, the notice doesn't specify a speed, it says filtering in excess of 30km/h.

    I wasn't doing more than 30, I was following a rider with wide bars who kept coming to a stop until there was decent gaps then blasting off while I stayed constant.
    Traffic was stop start, at that point of the freeway its 4 to 3 to 2 lanes.
  20. If you're confident you weren't doing more than 30 then I'd give Maurice Blackburn a call and seek some advice. They seemed very involved in getting the laws passed, they might want to know about your case.
    • Like Like x 4