Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

QLD Got my first 'Not Riding in a Marked Lane" fine

Discussion in 'Politics, Laws, Government & Insurance' started by TRA, Jul 21, 2011.

  1. Once every 10 years, I can live with that :) Thats the equivelent of 2 weeks train fares, excluding the extra time I gain! My break even point on the bike is 3 years compared to the train, and this bike is 1.5 years into that time so far. I cant loose.

    However, I always said should I get one of these fines, I would contest it as I dont think its illegal. Difference is I was actually outside of the marked lane this time, not filtering between 2 lanes of cars. However I do need to look at the legislation again, because there is a law in there regarding overtaking on the left. I will do a quick review then visit a solicitor.

    What I need now is a shit hot lawyer that is really well versed in traffic law. If you know one, please foward on their details.

    The other question I have, is if I successfully challange this, whats the chances of it getting explicitly defined in traffic law? Is it worth it on that front? I am planning to start working closely with the MRAQ soon in attempt to make it explicity legal, but I am not sure if this will damage that work. I dont mind paying the fine, its worth it in my opinion. Just want to fight it cause I can.
  2. Oops.. Whereabouts was that at, if I may ask? :)
  3. Sandgate Road, just after nudgee college at the bottom of the hill. Spotted another bike and the cops but alas, it was all to late. :p
  4. how much $$ and how many points?
  5. $80 no points.

    Contesting it is nothing to do with money, its just that I beleive that there may be a legal way to get around it. Obvioulsy a solicitor would be better person to give this advice, but I am going to leave it open to the kind folk of netrider to determine if they think I should make the effort to visit a solicitor.
  6. Had a look at it on Google sat. So you went down the sealed LH shoulder of the road? Overtaking stationary or moving traffic? For what distance? Were you indicating at all?
  7. Traffic was stationary, when it began moving I moved back into the lane. Was about 200m at a guess. Not indicating.

    I turn out of northumbria road and started up the side, pulled into the lane about where the pool is in nudgee college (see google maps) and the cops hang out in a bus stop near where the road that runs along the running track intesects with sandgate road. In my google maps there is the blue 26 route marker right where the cops are.

    Check Rule 141(1)(c). (both state and aussie i think, probably the same as NSW too).

    Mind you, the cop did not really like it when I laughed and said one of these a month is still cheaper than the train... Still, it was 2 motorbike cops and I had to talk motorbikes with them.

    I know all the cop hangouts for these tickets along sandgate road, just did not look hard enough this morning cause I was running late. Next time I see them I will split up the middle and see if I get booked.
  8. Aaah a continuous shoulder line with a bike lane next to it. I got done doing something similar. I was all amped up to fight my case, but in reality i couldn't find anything which indicated what i did was legal. I wasn't overtaking turning cars, and i had crossed an unbroken line to overtake. I think a legal precedent should be set to allow bikes to overtake cars within their lane, much like a third bike can overtake two parallel riders within one lane. Unfortunately you weren't in the marked lane so i dont like your chances.
  9. None at worst. Little at best.

    Should you be successful in the Magistrates Court, how is it any different from any other preceding case that
    also had the successful outcome. There is no reason parliament would legislate because a minor court ruled
    in your favour.

    Your court matter is irrelevant. If you want something explicitly defined in traffic law, lobby for change.

  10. You are right Justus, I shall just pay the fine.
  11. if you think it's worth fighting (or even investigating) try wisemans lawyers
  12. $80 and no points!??!?! Jeebus!! I thought this was a thread revivial from the year 1995 or something lol. Man I wish our fines were that cheap down here...
  13. I recently got caught on Gympie Road, heading northbound opposite the Hungry Jacks, Carseldine.

    Same deal: 80 bucks and no points even though I was navigating slowly and carefully on the LHS. The fine has had no impact on my behaviour.
  14. Well... this is queensland :).
  15. Just over a week ago I got done for the same thing on Mains road, heading west toward sunnybank. Just came off the Pacific and was on the left shoulder going around standstill traffic. Virtually idling along in 1st gear, and way up ahead was a cop bike and highway patrol parked watching traffic.

    I had pulled in before I even knew they were there but as I got closer they pulled me aside, $80/no points and a 5 min lecture about the dangers of riding followed by 10 mins standing around doing nothing waiting for them to write the damn ticket

    Considering I just got a tax refund from last year of $91 (they stuffed it up somehow..) I figured it wasn't even worth arguing let alone fighting.
    ATO just paid my fine for me AND bought me lunch :p
  16. At the end of the day, I could cop one of these a month and still be ahead. Might extend the break even point of the GS500, but hey, 20 minute commute V over an hour when using the train, I can live with it.
  17. I ride Sandgate road every day. If you see a guy with red Daytona 675 filtering like a mad man, with a grey and black Shoei helmet on, beep and wave :)
  18. No points!! Only 80 bucks!

    Pay it with a biiig smile! :)

    Paying is NOT an admission of guilt.
  19. Incorrect.

  20. Reminds me of the "Wheelie Permit" everyone was talking about before the Tasmania tour. ;)