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[NSW] Infringement for VIC learners riding over 80 kph

Discussion in 'Politics, Laws, Government & Insurance' started by ghostkk, Sep 10, 2009.

  1. :( had a very bad ride up to Canberra over the weekend.

    Occurred on Saturday night when it was dark and cold. Police pull me over and gave me 2 infringements.

    1. "Driving" on the right hand land over 80 kph ($253 fine there) - wasn't intentional at all the Hume is under heavy construction too many road bumps and hazards on the left lane at night. Coming out from a left hand corner i had to use up some of the road to come back straight sigh...

    2. Speeding over 45kmh the radar supposedly clocked me doing at 131km/h on a learner restricted bike. ($1744 fine - do they think everyone prints money at home?) - my GPS at that time clocked me doing 104 instead of 131 on a 110kph zone (was checking am i on somewhere near the exit on hume to canberra) too bad i've got no GPS log to prove that.

    I hold a VIC learners and have no understanding or awareness that NSW learners are restricted to 80kph at all!

    Contacted legal aids in VIC and referred me to NSW legal aid. Both offered not much help but to suggest apply for a review and attend the court hearing.

    Anyone could offer their experience or expertise in dealing such matters?
  2. Welcome to NR.
    Welcome to bikes.
    You're in the wrong so stop winging.
    Now bend over and take it.

    EDIT: You ride to the conditions of your permit but 130+ will see you booked in most states and see you walking in Vic.
  3. He just said his GPS disagrees and he's asking for advice.
  4. Do search on GPS and you'll find several threads and a mention that GPS aren't always 00% accurate but you would assume the rider would know the difference between riding at 100 & 130km/h.

    I've always wondered about the validity of a Vic Learners over the border.
  5. Sounds like it was intentional, because you've said you were avoiding an obstacle. I would of done the same thing, and i hope you were clear about it with the pigs. You're statement will be used and read out in court. So if that's what you told them on the side of the road, then it's on the record. This is a good thing :)

    Phucking ouch!!!!

    What LAMs bike are you on? .....if it was a 2fiddy I'd say you'd have no doubt what speed you were doing, cos the engine makes a heap of racket @ 131 compared to 100. If you're sure your GPS is reliable, then there's a good chance their radar isn't. You need a good lawyer who know's what they are doing, because if it's found the radar hasn't been calibrated for e.g. or used correctly, the charge will be thrown out of court.

    Sorry bud no excuse. It's up to you to know the local laws, and unfortunately now you know they are different across the states.

    You need a lawyer, a good one. But considering the size of the fine, getting the charges dropped will be the cheaper option, so getting a lawyer will be worth it.
  6. There are two guys who advertise in AMCN and Two Wheels etc...back pages.
    Make the call........
  7. ^^^

    You aren't going to get out of this one without good representation...

    I reckon you should be able to get out of the NSW Learner Speed limit... that is the reason there are supposed to be Australia Road Rules... NSW L Plates have the 80 written on them to remind you that you have your speed limit... going to be a bit harder to argue, since you will probably need to acknowledge you were going 10km/h over your Vic speed limit... uless you can get it to less than 45km/h over you are still screwed... you really want to get in under 30km/h over...

    Riding the the right lane (I assume you mean multi-lane road, not wrong side of the road)...

    I was expecting something in there about the length of time you can be in the RH lane to avoid stuff, but nothing... it might be possible to get away with "constant obstructions"...

    GPS is hard to get away with unless it was logging data... a friend of my dad's did, but his GPS was connected to a laptop (Logging a 4WD Trip report) and he could data for hours leading up to a speeding fine...

  8. I totally agree with you. But I'm thinking the guy is pretty sure he wasn't doing a buck thirty, and his GPS was agreeing with him, so it begs the question how did the filth ping him at 130?? Somethings not right in the state of Kansas. I think it's worth pursueing on the strength of that alone.
    He doesn't need to prove his GPS is right, he needs to prove their radar is wrong, and that's very doable.
  9. You were exceeding the speed limit according to their radar and you have no proof to the contrary. As a general point though, and it is possible I am wrong, it has happened before. :)

    You are required to ride to the license or permit conditions of the state in which your permit was issued. I believe that to mean Victorian learners/licenses are not bound to obey NSW learner restrictions. The 80k limit is a requirement of a NSW learners permit. And visa versa, a NSW learner is bound when in Victoria to obey the 80k limit because it is a requirement of his/her permit.

    AFAIK The NSW law states nothing about 80k limits that is a permit condition. Get a lawyer.

    NSW Law
  10. Agree... He needs to ask and hope like hell the radar was out of calibration, and the operator properly trained (and recorded)... again, only proper representation is going to achieve an outcome in favour of the OP here...
  11. Yeah that's it. Although I've never heard of a radar being out by 30k's before. But hey if it's out, it is outta there!!!
  12. From doing a quick google search, is it correct that a learner's permit only allows you to ride / drive in the state from which it is issued.

    If this is the case, then the OP would be in breach of there permit as well.
  13. Hi everyone, thank you all for your inputs and suggestions.

    I've decided to request for a review on my first offense and most likely to attend court hearing for the second one which meant i had to take a day off and travel to sydney for it :(

    anyone know good lawyers near sydney that can deal with this?
  14. You're not going to get very far if you keep asking the same questions over and over.
    You've already been answered by this fella...
    ...now you need to do some of the work yourself.
  15. I don't think that is the case, can anybody confirm. I would say such a requirement would be in breech of Section 92 of the Australian constitution allowing free intercourse between the states. So get out there and have free intercourse ;)
  16. to the OP, welcome to the wonderful world of NR, where some asshats like this take the opportunity to reply with gems like this. some morons will jump down your throat the moment you ask some legitimate questions because they get that "superior" feeling when they can sling sh*t at others, without actually adding anything to the thread, the website, the world.

    talk to a solicitor, find out all the laws, regs etc. investing in a solicitor can be a good thing for all your options. but you can do a bit of research yourself on all this first before doing that.
  17. -

    Grange: thank you so much for that site :) !

    evelknievel75: agree, quite painful to spend all my time for research sigh. Fingers crossed all shall not be so painful for me.
  18. The best part is they don't even bother to read the OP :roll:
  19. No you must obey STATE law.