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(NSW) Oxyley Hwy signage

Discussion in 'Politics, Laws, Government & Insurance' started by haggis, Aug 24, 2006.

  1. Is there anyone on the forums who rides the Oxley regularly between Walcha and Wauchope? I'm trying to find out if there is signage warning of kangaroos. I'm looking at fighting my booking for neg driving but can't remember if I saw any signage on the day it happened.

  2. Are you familiar with Usenet and newsgroups? If so, there is one called aus.motorcycles that you can subscribe to. It has a lot of punters who do those roads. If you post you question there, I'm sure that someone will be able to help.

    Good luck with it mate. The whole idea of being booked for neg. driving, when you get clouted by a 'roo smacks of denial of natural justice, and just plain unfair.
  3. Haggis, I'm positive there are signposts, particuarly from gingers creek to walcha
  4. Bugger, I guess that means in the opposite direction as well :(
  5. How are you doing Dennis? Micky and Chrissie were telling me you were back to riding, albeit the sluggish and tiring manual way? :p

    Still cannot believe they pinned that absolutely bogus charge on you. Good luck with it mate.
  6. I don't know heading that way, I just remember seeing them on the way to Walcha. But I'd say so :(
  7. Contact the local panelbeaters out there and ask them how many cars they've repaired that have hit 'roos. Then find out under FOI how many car drivers have been booked out that way after hitting them.

    If the answer is none - or very few (as I'd expect) then you've got no case to answer...
  8. Tony, I can't see how he has a case to answer for now. It doesn't matter if there were 'roo signs or not. They do not automatically stop vehicles being hit by them. It's an advisory thing and that you drive to the conditions, and to be more alert. And you an be alert and aware as possible and still get hit.

    All Haggis has to do is to state that he WAS riding to the conditions, that he WAS riding under the speed limit, and that the 'roo appeared so suddenly that it was impossible for him to take evasive action, as evidenced by the fact that the 'roo hit him (or he hit the 'roo).
  9. I think that's right.

    Were you the only witness?
    Did you sign a statement or note-pad description/report that the police wrote-down at the scene?

    If you were the only witness, I'd say your word is what goes.
    If you signed a statement, you'll want to be arguing it as inadmissable evidence [was concussed, do not remember signing anything, therefore not realising I was signing anything at the time even if I did].

    Remember people - you do NOT have to sign anything the police ask you to sign at the scene. If you are arrested: possibly a different story, there'll be paperwork etc.
    But a decription of the accident or whatever? Don't sign it. You aren't required to, and it may not be in your best interests.

    If they press you to sign, tell them: "Anything I can sign now, I can sign later if it is in my best interests or required. But I am NOT signing it now."
  10. If you got a neg drive for hitting an animal, or even for swerving to miss an animal, then you should definately elect to take the matter to court.

    Just fill out the back of the infringement notice and mail it to the Infringement Processing Bureau. Bear in mind that it will take a while to process, and the matter will be set down at the nearest local court to the offence location.

    With regard to signing things at the scene, Ktulu is not entirely correct. You MUST provide the name and address of the driver/rider of a vehicle involved in an accident to Police and/or other involved drivers. You MUST also provide Police with a version of the accident. It is an offence not to provide this version. It could be argued that by not signing (to say it is a true and correct version of the accident) you have not fully discharged your obilgation to provide a version... with an end result of you explaining to a magistrate why you didn't sign.

    Magistrates understand that the versions are taken immediately after accidents, are often brief and not entirely complete. They view them accordingly.