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QLD International license & traffic fine

Discussion in 'Politics, Laws, Government & Insurance' started by ryangus, Mar 23, 2015.

  1. Can anyone tell me what happens if someone on an foreign (international) license neglects to pay a speed camera fine in Queensland?

    If I loaned my bike to a backpacker, and they filled in the document identifying them as the driver, what happens if they don't pay the fine (or even worse, their license was dodgy to begin with)?

  2. Not your problem.

    If the fine becomes overdue the authorities will issue a warrant for the nominated rider. If the information was incorrect then the charges of falsifying documents or perjury would probably be added. By the time all this happens they may have left the country. The Australian authority will send a fine for payment to the riders nominated address. If it is not paid then very little will probably happen unless they try to re-enter the country. In which case the outstanding fine would be flagged against them and they may need to pay on the spot. They may also be flagged as they leave the country if they are here for a period for the fine to fall due.
    • Like Like x 1
    • Informative Informative x 1
  3. Not saying this is the case, but bear with me ..... lets say you get a fine and decide to make up a story about a fictious overseas friend and send that info back to the authorities. How are they going to prove otherwise and then why dont we all do it this way ?

    The burden of proof is on you, and I don't think you're going to be too happy with the outcome because I think you may have just ate the fine and points, hope I'm wrong. Can you prove you were elsewhere ?
  4. To add to Barry's comments, you make a statutory declaration about who was riding the bike. To falsify such a document is a criminal offense with consequences of up to 4 years imprisonment.
  5. They should chase the nominated rider, should...

    Certainly, I know someone in the UK who has recently received “we caught you speeding, you’re a terrible person” postal correspondence from VicPol. But, his nomination came via the hire car company, who can provide detailed driver records. He plans to ignore it, last I heard they’d sent a “pay now or its court next” reminder.

    Are you in contact with said backpacker?
  6. depends if they accept your nomination of the other rider. its not automatic! I had one initially knocked back here in Vic when I got the address wrong (got it right second time)
  7. http://en.wikipedia.org/wiki/Marcus_Einfeld#Criminal_conviction
    On 20 March 2009, Einfeld was sentenced to three years in prison for knowingly making a false statement under oath and for attempting to pervert the course of justice
  8. Interesting conundrum. My guess is they'll throw it back to you and try to get you to pay it.

    After that, I'm guessing you could defeat it in court, but I'd advise getting a lawyer, because if the Magistrate decides you are lying, then you could face more serious charges. You wouldn't take this one to court half-arsed.

    The other fly in the ointment, is there is likely a time limit on issueing tickets (6 or 12 months). So if they decide to persue you after that, then they will have to arrest you and you will have to go to court.

    It's not a situation would elect to get yourself into.
  9. It's pretty easy for the police to contact the immigration department or even check for themselves if said person was in country at the time of offence.
  10. Best be getting a photocopy of the license methinks. Or even better, avoid all risk and lend the bike to nobody...
    • Agree Agree x 1
  11. Try and keep up.

  12. Still doesn't prove he was on the bike at the time, with 6.9 million visitors departing Australia last year I don't think they are going to chase this down for you. It could still be inferred you made it up having somehow got information on a bona fide visitor.

    My guess is you need something from him that would be acceptable by the court/traffic authority admitting to the offence, as brought up earlier maybe a Stat Dec by him ? The court would also need the fine paid or a forwarding address of your friend.

    Very messy, lesson here, don't lend out your shiet.
  13. In no other area of law does the presumption of innocence feel so overlooked…
  14. They would need to have evidence that it could not be the international rider that the OP would be putting down on the stat dec. The onus of proof would be back on the police to disprove it which would be difficult with only a photo of a rider with a helmet if they indeed checked that said rider was in the country at the time, which they would.

    If the OP has full details of the offender the police will "chase" the international rider. Without those details the police will be giving the OP a hard time and if it was to go further would be up to the magistrate to decide.
  15. If someone else was riding your bike at the at the time of the offence, and you have his / her licence details and address then you should have no problem nominating them. After all that is why they have that section on the back for nominating someone else when the registered owner was not the driver / rider at the time of the offence.

    As for what happens if they do not pay the fine, I do not know, and would assume that there is not much that can be done if they have already left Australia.

    Provided the info you submit as to who the rider was at the time of the offence is all correct and above board that should be the end of it for you.
  16. I don't think the police get involved with a standard speed camera ticket. They certainly would not be taking time out to investigate whether a certain person was or was not on the bike at the nominated time of the photo unless there was some other more serious matter at hand.

    As Ry said in the beginning, he's not 100% sure if the info provided by his back-packer friend was true or doggy. Usually when you nominate another person as the rider/driver there is legitimate licence info provided that is easily collaborated with a quick computer check. When the authorities cannot confirm this info, as Twistngo mentioned, it is put back in your court (pardon the pun), unfortunatately your innocence has nothing to do with it.
  17. This is just unqualified guesswork, but perhaps the police would have to show that the information provided about the driver is wrong, incomplete or fraudulent?
    But I'll admit I'm a bit uneasy about this thread. Would not want someone to go to jail because of something they read here that gave them foolish ideas. I reckon if the police suspected shenanigans they would go to a lot of trouble to nip it in the bud.
  18. Agreed. I wonder just how far owner onus might be pushed in this instance.