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.

VIC Improper carrying of a pillion passenger, is it a law?

Discussion in 'Politics, Laws, Government & Insurance' started by Breno, Apr 27, 2007.

  1. about 3-4 months ago i was riding down some road in W'bee with the missus on the back, and she said her legs hurt and needed to stand up to streth them, so i slowed down(35-40km/h), had a look around...no traffic infront, left, or behind me, and gave her the go ahead. then she told me her arms needed a stretch...so she lent against me and did the titanic 'im king of the world" pose, police went past on the other side of the road, dropped a u banger and puleld us up.

    the female officer was very full on and called us various names and had a go at my girlfriend for not wearing a jacket or gloves. even though she had a australian standards helmet, which as far as i know is the only legal requirement.

    both me and my girlfriend were passive and polite the whole time, even when i had to explain my licensing restrictions to her, which only seemed to anger the female officer more so. she was hell bent on giving me a monetary fine (her words) no matter what. (doing bracksy proud i thought to myself lol).

    any way 2 days later i get a letter in the mail issueing me with a 200 sumfen fine and 3 demerit points under the title 'improper carrying of a pillion passenger"

    now in my logic, the fine (minus demerit points) should be issied to my girlfriend, seeing as i have no control over what she is doing. for all the officers know i could have been screaming sit down u silly girl! i relate it to being in a car, if a passenger doesnt have a seatbelt on and is over the age of 16, its thier fault, thier fine.

    after recieving the ticket, i checked the boxes on the back saying i did not wish to pay the fine, or accept the demerit points and am happy to sort it ou in court. i then recieved a letter a while later saying the infringment has been withdrawn, and a court date may be set in the near future.

    question 1: how long does it usually take for the date to be set as its been a fair while?
    question 2: does this infirngment even exist? or was it just made up in the hope that i would just accept?

    i later spoke to the officer that actually issued the fine (not the original officer) and he came across as if he had just made it up. (he happened to bust me breaking a road rule, which i accpeted full responsibility for, as i have done with past infringements.

    wow i wrote alot more than i thought i would haha. id jkust like to add that i know the dangers and stuff involved, im just after the answers to the 2 questions if any one could assist me.

    and b4 people think what a mean boyfriend wants to get his GF fined! im mroe than happy to pay the fine, even if issued to her, i just cant loose the points. lol.
  2. I just did a quick search of the Pricktoads site and either the search feature is broken or I didn't type "I want to donate my hard earned cash to bracksie" properly

    I nominated for a speeding fine to be heard in court back in 2001.

    I too got the letter that it had been withdrawn and a court date set and that I would be advised of the court date.
    I'm still waiting :grin:
  3. My reading is that they could have pinged you and your g/f as there are two offences - one by the pillion and one by the rider. The regulation requires that the pillion be seated.

    Victorian Road Safety (Road Rules) Regulations 1999


    (2) A passenger on a motor bike (except a passenger in a sidecar) that is moving, or is stationary but not parked, must:

    (a) sit astride the pillion seat facing forwards; and
    (b) keep both feet on the footrests designed for use by a pillion passenger on the motor bike.

    Penalty: 3 penalty units.

    (3) The rider of a motor bike must not ride with a passenger (except a passenger in a sidecar) unless the passenger complies with subrule (2)

    Penalty: 3 penalty units.

    Code: 2087
    Offence: Improperly carry passenger/pillion on a motor bike or in a sidecar
    Reference: RR 271(3), (4), (5)
    Penalty: 135
  4. that looks about right...

    and the driver gets fined too if one of their passengers had no seatbelt on.

    its the drivers responsibility to make sure the passengers are doing the right thing.
  5. As Vic said, it might just quietly disappear for a few years due to the backlog. I did the same thing years ago when I lived in Morwell and I thought I was badly done by (I was supposed to have cut a corner.) I had the same result.

    If/when it ends up in court and you can convince the magistrate that the offence was really trivial - the fact that you slowed down will help - you may get off.

    If you and your gf both front court, appear respectable/respectful and have your stories straight you've got a good chance. Especially if you can get the cop to explain just what was unsafe about it (she probably won't be able to give a coherent reason). :wink:

  6. She kept both feet on the pegs when she stood up, there is no law against holding your hands onto something when she stretched her hands forward. This is a bullshit fine and unfounded.

  7. She wasn't sitting. The law says "sit"
  8. Perhaps the law says "sit," but as you're supposed to stand when riding over rail crossings, speed humps, etc, it wasn't introduced with appropriate conditions.
  9. Regardless of what law may have been possibly broken by this stunt, your girlfriend needs a good kick up the butt. All it needed was an unexpected bump and a slight jerk (no pun intended) on the throttle and your girlfriend could've gone A over T off the back....imagine the damage sliding down the road will do when not wearing a jacket or gloves.

    The law may only require an Australian Standards approved helmet but to ride around without appropriate riding gear is madness. :mad:
  10. I've never let a girl on the back of my bike without a helmet, my gloves, jeans, closed shoes, and my jacket.

    What I wear while riding is my responsibility, and I'll squid in order to make sure my pillion has full gear.
  11. wow only 2 out of 9 saftey natzis. i would have expected more people ignorin the original post and questions.

    and bill...unexpected bumps only happen on roads you dont know. not roads you ride every day. plus it dont go too far when you jerk the throttle in 6th doing roughly 40kays! lol.

    Fine got withdrawn today :eek: which is wierd as i only posted this last night.
  12. If her legs were sore why didn't you just stop?
  13. If you have to stop because she's sore, you didn't get her excited enough before the ride...
  14. Fine withdrawn because you want it heard in court?
  15. The infringment notice should have referenced the road rule / regulation by number.

    Chairmans handy work looks pretty good. Is it the right one???

    You could get off on a technicality if the wrong RR number is quoted.

    Anyway, send a proof of delivery, registered letter to the police officer who issued the infringement, stating that on the date of the incident you objected to the infringement on the side of the road, that you have objected the infringement notice and that you wish to have a copy of the police brief on the matter such that you can properly prepare your defense for the upcoming court case.

    I did that once on a spurious road side infringement and they "expunged" the matter from the system. You might be lucky too.

    If it goes ahead, at least you know exactly what they're going to hit you with and can prepare your defense accordingly.

  16. You were in 6th gear at those speeds??? :roll:
    Regardless, it wouldn't have taken much of a forward jerk (pun possibly intended this time) for your girlfriend to lose her balance....

    Count yourself extremely lucky something like this didn't happen..... :mad:

    Where did you get that from? There's no need to stand...just put your weight on to the pegs while keeping your bum on the seat.
  17. im on my P's but off the restircitons so i can ride the 600, she didnt understand what restrictions where. i felt like telling her to go learn the licensing rules and then come back to me, as its not really my job to be informing her, but i did it with a big grin any way lol.

    bill, its a rearward jerk that would send her falling off. all her weight was on me. i was in 6th gear for the pure fact that throttle slips wouldnt have any impact. contrary to your belief, im not an idiot. I've gone as low as 18k's in 6th gear b4, for reasons which ill keep to myself :)

    and ktulu, i have spent well over $1k on my GF's riding gear. so neither i nor her HAVE to squid for the other to be protected. we chose to ride with only helmets. its a risk we are both willing to take and we both know the outcomes if we were to have a stack.

    and yeah the fine/infringemnet is completely withdrawn. it said "the rider is not responsible for the pillions actions, and cannot be held accountable"
    it has been totally dropped on my side, but my GF may very well get a fine who knows. but at least none of us will loose points. as im in the clear, and she wasnt operating the vehicle.

    GS5hundy...i should have put the her legs were sore bit in italics :p
  18. You failed science at school didn't you...lol.

    Let me try to explain....

    When you brake hard on your bike, what happens to your body? It gets thrown forward......so...under acceleration your body is forced backwards....so, what do you think will happen to your girlfriend if you accelerate when she is standing on the foot pegs and not hanging on?

    Cheers :)
  19. Oh well that's cool then. If she knows.
    So far the first question from any girl I've pillioned when I put my jacket on them is "Oh, do I need this?"

    "Well... I'm hoping not..." :facepalm:
  20. I've had a shitty nights sleep, am grouchy and generally pissed off....so excuse this :p

    For a nation that supposedly prides itself on a healthy disrespect for the law why is no one actually challenging the validity and absolute absurdity of the issuing of the ticket? A cop car, with two police officers saw fit to turn around and stop whatever they were doing to pull over, question and ultimately issue an infringement notice to a motorcycle rider who was doing 40kmh with a pillion who was stretching their legs.

    I don't subscribe to the 'You should be catching criminals' jibe as I believe the police play an important role in traffic management, but really, what a total waste of time.

    And what a meek little lot we have all become.

    Sorry for my grouchiness!