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[NSW] Booked for negligent driving

Discussion in 'Politics, Laws, Government & Insurance' started by theiceman, Apr 6, 2009.

  1. G'day All. Dropped the bike two months ago, on a sh1tty piece of dirt road in the [NSW] bush. Because I couldn't get normal phone reception to call mates, wife etc. for help I ended up having to ring 000 to get an ambulance to hospital (000 refused to ring wife for me). When I get to hospital they take a blood sample and now that sample although negative means that the cops are able to book me with negligent driving. 324 Freakin' bucks. Apparently the simple fact that I came off the bike is proof of negligence. Two questions; 1) Is this the lowest act a cop can pull? and 2) are there any legal eagles out there that can throw some light on negligent driving legislation in [NSW]?

  2. Long-time Netrider and fellow Horneteer had exactly this happen to him as well. He was taken out by a 'roo up near Walcha, totalled his bike and had a long stint in hospital, and then......
  3. :?:

    i don't get it, you've had an accident and they ping you for it afterwards? who's hurt except your pride and your wallet?

    my dad got done for neg driving but he has parkinson's and did ding another car parking ( not pretty when think about it :LOL: )
  4. well obviously contest it. they want to charge you, let the burden of proof be on the police.
  5. For a single or multiple vehicle accident, if your bike is not able to be ridden from the scene, the accident is determined serious enough to warrant a negligent driving charge.

    -Same as if a car accident causes more than $5000 worth of damage / the vehicle is not drivable.

    If you can attribute the accident to road conditions or an animal (and you have proof) you can argue it in court, I guess.

    Otherwise, you're probably screwed. Yup, the cops kick you while you're down.
    Apparently messing up your bike and your body isn't punishment enough.
  6. Is this a recent thing? When I ditched my GPX250 on Bell's Line a few years back a cop car was a couple of minutes behind. I'd bent the front end pretty badly and couldn't ride it away. The cops stopped traffic for me, made sure I was alright and helped move the bike off the road into a driveway. (Thanks also to the rider and pillion who pulled over to give me a hand as well!)

    Cops were great, and no fine in the mail... Just lucky, or is the default neg driving thing new?
  7. It's been around for a while, and it is the sort of thing that's at the officer's discretion, really.

    So if they fine you, particularly for a single vehicle accident: they are d1cks.
  8. Geezuz.. Make sure you get some of the videos on youtube showing people riding NORMAL (not stupid/excessive) going down on bitchumen. I've seen a few, bikes can do that! We don't have the gravity/protection of 4 spread wheels so whereas a car would have just 'bumped', bikes can go down.

    I can't believe this, can understand if it was easy to show you were doing say, a LOT over the speed limit I guess but for normal riding and a true accident to happen, this blows big time... :mad:
  9. What happens if you are a L plater who drops the bike while learning how to ride (you cant be an expert from day 1)
  10. The answer is yes, this is the lowest act a cop can pull, but I understand it is standard practice in NSW. But hey, at least you know where all you speed cameras are, right? :wink:
  11. i had a stack on the freeway in the car just about 3 yrs ago (from a combo of blowing a 2 week old tyre on a pothole/washed out bit of road and aquaplaning) and copped a neg driving.

    the RTA (at the scene) admitted that it was a bad bit of road, but the police officer advised that the neg driving charge was automatic. Having written off my car and being in a temporarily impared mental state from mild shock i wasnt going to argue the point, but in hindsight i probably could have taken it to court.

    its the only 3 points ive had on my driving record and will roll over in the next few months.

    the only joy i had was watching them block off the entire south-bound side of the freeway so they could get a crane in to lift my car out of the mud.
  12. This is also something that i'm hearing of quite a bit in Perth these days. Its really pathetic.
  13. I'm sure I've posted this info before, but I'll go through it again. In NSW we do not have a "no fault" scheme when it comes to motor vehicle accidents. If the following occurs as a result of an accident:
    • persons injured/killed
      any vehicle requires towing from the scene
      any driver is suspected of being under the influence of alcohol/drugs
      any damage to property (other than the vehicles involved) over $500 i.e. light post, fence etc.
    then Police must either attend or investigate the accident later. They are OBLIGED under NSW legislation to take action against a driver where an offence is believed to have been committed. If as a result of their investigation Police believe that the accident was caused by road conditions etc and they believe you have done everything a reasonable and prudent person would do to avoid the accident, then they can RECOMMEND that no action be taken against you. This recommendation can either be accepted or rejected by their local Traffic Co-ordinator.
    To call this a "low act" by Police is a bit spurious. If an officer does not investigate the accident and take the appropriate action he can be subject to internal disciplinary action. No Police Officer is going to put himself at that risk just to get you out of a Neg Drive ticket.
    Don't like it? Then get your local MP onto it.
  14. Then it just shows traffic cops are gutless as well. In any job, if you disagree with an internal policy you should say so and if you're agreeing with it (as I don't exactly see you saying that it sounds wrong) then...
  15. Dougz, it is not an internal policy, it is LAW. Police can be charged with Neglect of Duty if they do not investigate accidents properly.
  16. It is, and they have all the proof they need. he came off the bike :roll:

    They need a clause to neg driving that allows you to appeal based on the road surface or other impediment.

    'Negligence' is a subjective charge and any other negligent behavior in civil law is always compared to what a 'reasonable' person would have done in the situation.

    Would a reasonable person always drive at half the speed limit and covering their brakes in case of oil, sand, gravel, animals? Not likely.

    Its such a cop out.
  17. TAX123 at that stage I was an L plater, had the bike just 2 days and thought I'd purse off to a quiet spot and just poke along gettin' used to the bike. If I was going any slower I would have had to carry the bike. I am going to fight the case in court but don't know whether to rip shreds off cop or play poor little innocent victim. If I'm gunna have to pay the fine, I think I'd prefer to mock the sh1t out of cop.
  18. the idea that if you are "paying due care and attention" you wont have any accident at all is kind of stupid when it comes to bikes, especially in non-tarmac roads.
  19. taking a particular attitude wont help unfortunately. by the sounds of it, you were on your own, therefore no witnesses to make stupid subjective claims for police to twist and use against you?

    i hope you havent given any info to the police that may work against you. its best not to say anything in stressful circumstances until youve got your head together.

    with legal representation i cant see how they could get a charge to stick