Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

VIC Police giving me a fine at my house

Discussion in 'Politics, Laws, Government & Insurance' started by Andrewing, Dec 4, 2011.

  1. Hi all,
    Yesterday I went for a massive ride, i was pretty exhausted by the end of it. Naturally i went to stretch my legs and had my feet off the pegs. I did this a street away from where i live, when i got home a cop car was sitting in my driveway with its lights flashing. The cop came up to me did a breath test and took my license. Came back with a $183 fine with the code 2088 "riding a motorbike without both feet on the pegs". Now iv never had a fine before and this was given to me on my property. Would i have any chance of fighting this? Or would it be best to just pay the fine? Again I have a perfect driving record, never even gotten a speeding fine.

    Thanks hope iv posted this in the right area.

  2. Absolutely pathetic,I would find that very hard not to go to court over.Do these imbeciles have there common sense removed at some stage.I on ocasion stand on the pegs,its way better than getting a cramp and crashing.Brain dead Policing,I wounder what your average Beak would make of it considering he and the cop have access to you record.
  3. Write in and ask for leniency because of your record, you have a decent chance if you havent been fined for years.

    You wont get off for being fined in your driveway as the offence didnt happen there so i wouldnt mention that.
    • Like Like x 1
  4. This has come up before and it IS an offence in Victoria (don't know about other states).
  5. It is an offence in NSW as is standing on pegs. Cramping argument will get you nowhere as they will say "stop revive survive.". Not saying its right, thats just reality.
  6. But that was put in place to stop stunting etc. if you've got the time and you weren't doing anything else wrong at the time I'd say it's worth a argue...
  7. So what does your average beginner rider do just before stopping,maybe take both feet of the pegs.Yes ok it probably is illegal but there is a difference between standing on the seat,probably kinda dumb and stretching your legs.Cops have the discretion to be stupidly pedantic or proactive correcting dangerous behaviour,this kind of policing to my mind is stupid and petty.I have heard the standing argument on sites a lot,there are Government issued safe riding documents saying to stand when going over obstacles,its the first port of call when riding off road and to get pinged for it again is stupid policing.
  8. Anyone have the specifics on what constitutes "riding" ie length of time?

    Stretching your legs takes a few seconds and its a bit hard to justify that as the actual riding activity.
  9. ARR 271—Riding on motor bikes

    (1) The rider of a motor bike that is moving (other than a rider who is walking beside and pushing a motor bike), or the rider of a motor bike that is stationary but not parked, must:

    (a) sit astride the rider's seat facing forwards; and

    (b) ride with at least 1 hand on the handlebars; and

    (c) if the motor bike is moving—keep both feet on the footrests designed for use by the rider of the motor bike.
    • Like Like x 1
  10. So according to the letter of the law you cannot take your foot off the org until you're stationary?

    Going to be a few learners booked in future.
  11. that is one anal cop (welcome to Victoria)

    i'd go to court just to waste his time.
    also a fair chance you'd get a magistrate that would realise the cop was just being an asshole at the time
  12. You think so? You do know that traffic offences are strict liability?

  13. Don't go to court because of this theory, the cop gets paid either way, you won't, secondly, you may get a mag who has a bug about riders.

    If you go to court, go because you have a case to win. There could be issues with identity etc. What did the cop say was their observations? Speak to a lawyer. Send tramp a pm or hop onto a site like trafficlaw.com.au. and ask your question there.

    Good luck.
  14. Maybe, but i have found cops dont like you to argue with them. I actually got a warning for dragging feet the other week when splitting (got a warning for that as well) but got off it and didnt use the cramp argument (though was on the dr so maybe that would be implausible anyway).

    I said that i didnt recall but it isnt something i would do. Admitting to an offence with reason doesnt put you in a good position in court, its guilty with reason. Thats at least court costs in NSW, which is probably half the fine right there. You need to establish doubt at a stop.
  15. In a just world, that cop would die of a heart attack with nobody to help him so he suffers until the end.
  16. I didn't mean an argue with the cop, but in court where more sense may prevail...
  17. fair point
    you'd still lose in court.
    but he dose'nt want to be there, so i'd still waste his time.

    hope he comes to my house one day so i can let the dogs at him
  18. But that is "guilty with reason" in NSW that is court costs and victims levy plus day off work and maybe getting the fine anyway. Not a good strategy, better off paying the fine.

    And the cop doesnt need to turn up if you are pleading guilty as the events are not in dispute.
  19. As someone who is almost fifty and crusty. I totally sympathize with you mate. I suffer cramps at the start of my ride more than anywhere and I am always standing on the pegs for the first half an hour.
    God U guys have it bad down there with the plod. Although the virus seems to be spreading nationally.
    Going to court is all well and good. And I think you should stand up for what is right. Contesting stupid rules like this in court is the only way to have the law changed.
    If and when you speak to a lawyer, ask him about costs and how much deposit he will require to fight it for you. And remember it will just be the deposit.
    Hopefully one of the minds on here can help you out so your not double dipping your wallet.
    If not remember that first phone call is free so write down every angle you can think of before calling the lawyer and use that free time lol