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[NSW] Penalty Notices (technical q)

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Dannyboy, Mar 18, 2010.

  1. Hello New South Welshmen (and women) and anybody else who may be able to help answer my question.

    I managed to collect myself a souvenir during the Netrider Jindy trip from the NSW constabulary but have noticed there are two parts on the Penalty Notice the officer didn't make a mark on.

    One was the signature box (he didn't sign it). Is this a technical area where I can argue the fine isn't a proper notice? I know I'm drawing a long bow here, so hopefully the next argument is more realistic.

    The other part he's failed to fill in is whether my fine is a demerit offence (FYI: I was fined for 30kph over, so given this fine has 5 points coming with it, I'd be rather keen to see those disappear). There is a clear area on the Notice where I imagine the officer should tick or circle "yes" or "no", and there are no marks on this Notice to indicate either.



    Has anybody got any advice or info resources they can point me towards?

    Cheers
     
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  2. LOL
    No they wont sign it, for obvious reasons.
    Did he tell you @ the time you were losing DP? He should have. (just checked my on the spot fine got a few weeks back, my DP is circled 'yes')
    Either way you will lose them

    So you got pinged for 30 over. How much was that
    I got done for 'offically' doing 110 in 100 , $197 & 4DP. Paid it yday.
     
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  3. You're a hoon Dan. How many times do I need to tell you if you are going to speed at least take off the unicorn horn so you don't draw attention to yourself. :LOL:
     
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  4. According to the RTA fines list:

    More than 30 km/h but not more than 45 km/h is 5 demerit points and a fine of $647.

    If you take it to court, and lose, maximum fine is $2,200 and 3 months minimum licence disqualification....
     
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  5. Oh and your bloody lucky you didnt get pinged on a double dermit weekend.
     
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  6. you don't need court to cop a 3 month license suspension.

    over 30 is a 3 month suspension
    http://www.rta.nsw.gov.au/rulesregulations/penalties/speeding.html?rrlid=speedingpenalties
    specifically There are licence suspension periods, similar to the minimum disqualification periods applied by a court, for exceeding the speed limit by more than 30 km/h (3 months), and by more than 45 km/h (6 months)

    As Dannyboy is a vic and I'm assuming doesn't have a NSW license he can hope like hell the notification to vicroads gets lost (as is likely) however he will have a 3 month period where he will be treated as unlicensed in NSW
     
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  7. i am not sure you would be able to contest the fine because he didnt circle the demerits area, i am by no means a legal adviser, but if it were me and being interstate licenced, i'd pay the fine and just hope the demerits dont get removed from your licence in victoria
     
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  8. He did, it just wasn't one in NSW.
     
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  9. Like I said lucky it wasn't a ddp wend.

    Should I have put NSW in that? No think not. Don't care about ddp in any other state, it's irrelevant .
     
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  10. Don't be like that. I was highlighting that it was indeed lucky.

    Relax, Frankie.
     
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  11. You'll probably get a replacement one in the mail with a note to say that the original was withdrawn due to not having been signed. He may pick up on it or whatever the central processing unit is in NSW that processes the fines may pick up on it. If you object to it on the grounds as mentioned by sending a letter, he may just withdraw it and issue a new one.

    It would be best to seek legal advice from an NSW based lawyer. As you are based her you may consider some like Sean Hardy who runs this site. Perhaps aska question on his forum? http://trafficlaw.com.au/forum/index.php
    He specialises in Victorian traffic law but should have an idea of NSW processes. Tramp has mentioned him a few times.

    Good luck with it and keep us posted.
     
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  12. Who the hell is Frankie ?
     
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  13. Don't count on it. Unless you appeal it pretty much straight away you got 21 days to pay. Paid mine with 3 days remaining. Mine wasn't signed & no replacement arrived.
     
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  14. Im fairly certain theres no "box" where the demerit points go. Only a box for the fine/monetary amount.

    And with the signature, it may have not impressed since its written on carbon paper.

    If youre concerned about it, you should contact the IPB in strawberry hills and write them a letter to see if they will withdraw it.
     
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  15. There's a very clear space that says "Demerit Offence: Yes / No" and that hasn't been touched. The rest of the Notice is fairly legible so it's not a matter of whether he pressed hard enough to transfer to the carbon copy beneath.
     
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  16. too much candy whilst at candy mountain charlie?? :LOL:

    As mentioned above I also had a fine withdrawn then reissued due to the officer making a mistake while writing it out. Was a "using the bicycle lane" fine no points $86.

    When I was living in canberra in 2003-2004 I received a handful of fines and none of the points ever crossed over, but I am led to believe they do now.

    Worst case scenario, you get no advice otherwise and are left to pay the fine (you know you can't contest that "30 over" reading!) and hopefully the points don't rock up.

    Good luck and update on your course of action...
     
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  17. The demerit notification is information for you rather than a legal requirement. So not filling that correctly is unlikely to provide any legal argument.

    the signature may well be another story.

    there is a limitation of time where they can issue a ticket, after that they have to charge you rather than use the TIN system. which is a major hassle if you live in a different district, let alone a different state.

    As for reminders, last time I knew about these things, the first reminder didn't come with a late fee/fine.

    So my advice is leave it as long as possible, then query the lack of signature.
     
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  18. Yeah, I might leave it be and see what happens. Another $50-$60 enforcement fee on the fine isn't going to make much difference, I'm not looking to get off, just make the points disappear
     
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  19. You get one reminder with another 21(or 28) days to pay and no extra $$ on top.
    after that the reminder comes from SDRO giving you 14 days before your right to deal with NSW RTA is revoked (or in DannyBoy's case, right to drive in NSW is revoked), and has $$ added.
     
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