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[NSW] Negligent Driving - Quick Info & My accident

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Jeworge, Jun 21, 2009.

  1. "Changed the title to a quick answer, now anyone who has their first off like me has the same problem if they use search they'll have a quick reference. Thanks for all the advice."

    PS I added a bit into my original post as to why the police were there ie because ambulance was called to the scene for precaution. And some of the advice I found useful I've also added.

    Oh and I never ended up receiving a fine so it looks like I passed the P5 criteria.

    Hi I crashed today at no fault but my own. I was on Pacific Hwy approached traffic lights that changed to orange. Slowed down and when I reached about 20km/h my front wheel slipped out from under me. The road was wet for your information. Well my best friend called 000 to get an ambulance; the rest of the time I was lying in a stretcher with a neck brace. So I guess police were there to document the incident.

    I've been reading through threads with the same subject heading. Not much information. I just want to know has anyone actually successfully appealed to a negligent driving fine.

    I'm a really careful driver and rider, even more so today because it was wet. I've had nothing against my car licence (full car licence now) & so far nothing on my bike licence (P bike licence) until now. Is there any point for me to appeal?

    You might ask just take it on the chin which I normally would, but you see I'm being made redundant from work; this coming Friday is my last day so the fine is gonna definitely make it hard for me financially. I just like to know about your experience before I do anything. Thanks everyone.

  2. Need more info. Who called the Police and why?
  3. Well my best friend called 000 to get an ambulance rest of the time I was lying in a stretcher with a neck brace.

    So I guess police were there to document the incident.
  4. Um,
    You claim you crashed yet it was not your fault because you grabbed the front in the wet following a light change,
    You failed to maintain control of your bike so you were booked which although can be unfair it did happen and it IS your fault.
    You need to practise emergency braking.
  5. It wasn't emergency braking, I was slowing down over a distance from a speed of like 60km/h.

    I didn't grab the front brake I already had pressure on my front brake thanks.

    Thanks smee for the help.
  6. Smee, there are times when you give useful answers. This instance is not one of them. Where do they write that it was not their fault? They're asking if we think the fine is worth appealing. Are you doing as it says in the last line of your footer? Your last sentence, while not answering their question, is of some value. A simple, "No, it isn't worth appealing but have a try if you like." would have sufficed for everything preceding that sentence if that's what you think.

  7. :oops:

    I misread his original post about the fault bit, my apologies to the OP
    It still stands though that losing control of a bike whilst braking and crashing will result in a neg driving fine especially in the wet.
    Practise those emergency braking techniques please.

    Oh and it's not worth pursuing ;)
  8. Yeah that's alright forgiven smee, thanks GoTeam. lol I was going "Wow how can a mod be like....that" But I still stand by that it was just regular soft braking, smooth not sudden as I learned all too well on my forgiving CBR125R. Just as they always teach in pre-Ls and Ps set up brakes even if you don't think you'll be needing them. I hope this is thread is a good future reference for all netriders.

    Anyone planning to post, if it's not about successfully appealing we'll just leave this as it is.
  9. I just love how the Police are there to kick you while you're down... not only do you have damage to your bike, you also have physical injury... enough to have learnt a lesson in my opinion.

    But, no, apparently you deserve to have some more cash taken out of your wallet.

    I say appeal. Use your clean driving record as the basis of it.
  10. :p

    That's just how the procedure goes for them. Not like they have much of a choice. I'll think about appealing maybe, but first to recovery myself and sort out my bike.
  11. Hey mate,

    That sucks. Definitely be careful in the wet.

    You get an auto-fine for neg driving in a single vehicle bike accident when:
    - You can't ride the bike away from the scene.
    - You are injured.

    If you get a letter from a doc saying you were ok to ride, and state you just hopped in the ambulance as a precaution + a letter from your mechanic stating the bike was rideable, and only not removed from the scene under it's own power because the rider took the precaution of seeking medical aid: you might be able to request the fine be withdrawn for not satisfying the criteria.

    ... but they can always just say "No." whether they're right or wrong, and it isn't worth your time or $$$ to go fighting it.

    Best of luck.
  12. Only in NSW. You would need to be doing something really silly to get a neg driving fine in other states. It's worth pursuing just on principle - if everybody who got this sort of fine actually pursued it the courts would get fairly clogged (but you probably won't win).
  13. Fight the powah, why on earth should you pay a fine like that :roll:
  14. ...and issue you the neg driving ticket - call it their call out fee :evil:
  15. They don't hand money back in a hurry.

    Sucks they hand them out as a default action now a days. L and p plate riders and drivers are still learning the basics.

    Its a shame were not in europe, we would have all gone down there and and burned them to the ground.
  16. Fight it. Road conditions and medical precautions mean you should never have been fined.

    Didn't NSW just annouce a projected $31 million increase in fine revenue for 2009/10 financial year?
  17. On top of what i said, Fight it.

    If more people fought these stupid dickcheese tickets that are handed out like jelly beans. they may think twice with judges telling them to get a grip.
  18. good luck with it and very glad to hear you are ok.

    it's interesting about the fine, what with that other post on the NSW govt ramping up the amount they want to collect. bunch of assholes.;

    can't wait till next election. i want to see a majority green parliament in upper and lower house. now how to convince them to run in every seat?
  19. If yoyu think you have a case (and some spare $$) by all means fight it.
    In fact it's the sort of case that the NSW MRA (or similar) should pick up as a "test case".
    Leaving that aside, there is a guy who advertises in the M/C press (2 wheels, AMCN etc) as a NSW traffic lawyer.

    The firm is called "Lawstop" and the solicitors name is Mark Stenberg.
    Google it.
    He's a nice bloke and (i'm told) pretty good.
    He also rides.
  20. There is no point in fighting it. The fact is you crashed with no-one else about means you qualify for Neg Drive. The argument will be you should have been riding to the conditions.

    It sucks the Police apply these rules in disregard to their own oath and all common sense, but the reality is you won't win this.

    The 5 rule system and it's application is something that need to be addressed on a political level.