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The Pub For General Automotive Related Talk |
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#1 | ||
Starter Motor
Join Date: Feb 2005
Posts: 4
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Heya,
Had a run in with my ol mate mr plod the other day, needless to say I'll be seeing them in court! I'm just wondering what you all think or maybe if you have some advice as to what I could too it would be much appreciated! I was driving to a friends place and pulled up on the side of the road to park, past the white line. As I went to get out of the car I noticed that I had parked in a bus stop, so I took off my seatbelt, put the car into reverse and turned around to see where i was going. Some random clown was driving along the road and got on his horn, which startled me and made my foot slip off the brake for a second, during which time the car rolled foward by 1/2 a car length. Behind the loony with the horn was a cop, who saw me rolling foward with no belt and hit me up for 3 points and $225. Does anyone else think this is bull@#$&? Would I have a leg to stand on in court? What do you all reckon? Thanks Brenden |
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#2 | ||
THCC Motorsport member 1
Join Date: Dec 2004
Location: the ghetto....no im being serious!
Posts: 1,139
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umm im not too sure as it would prolly be his word against urs
you could try but im not too sure you would be succesful, just drag it out for as long as possible :P 5 bucks a month sound aight to you :P lol
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Southcyde Designs<------click here ![]() Member of the MTAS Founder of TTM (team twink motorsport) Founder of the AFFDDPS (Australian Ford Forums Drink Driving Punishment Squad) |
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#3 | ||
Novice Professional
Join Date: Jan 2005
Location: Gold Coast
Posts: 180
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bit of an unfortunate situation I wouldn't push it to take it to court. wear it on the chin, we've all had to at some point or another.
But, make sure you learn from it. just keep your seatbelt on all the time and this wont happen to you again. Cheers Chippa
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2001 AU XR6 - Narooma, Aunger CAI, K&N, Kings S/Low, Extractors & Exhaust. |
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#4 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 1,521
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That sucks mate, did you explain this to the cop? Defenetly take it to court, however as champsky said its probably going to be your word against his.
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Me fail English? That's unpossible.
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#5 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 5,644
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you were in forward motion without a seat belt ... unless you lie you cannot win. Maybe it's not really fair as such.... but them's the breaks.
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#6 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: Canberra Region
Posts: 8,924
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Just be thankful that car didnt rear end you while you had your seatbelt off....
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2016 FGX XR8 Sprint, 6speed manual, Kinetic Blue #170 2004 BA wagon RTV project. 1998 EL XR8, Auto, Hot Chilli Red 1993 ED XR6, 5speed, Polynesian Green. 1 of 329. Retired 1968 XT Falcon 500 wagon, 3 on the tree, 3.6L. Patina project. |
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#7 | ||
DJR TM#54
Join Date: Jan 2005
Location: on my p.c now with internet! ok i'll still use works internet too.
Posts: 2,248
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Did you have your car in revese gear at the time? If so than fight it, if not you will just have to try write a nice letter who knowns they mite let you off if you been a good boy. If they don't than take it on the chin.
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When traveling to V8 Supercar rounds, i book through KYLEE MOLE Travel agents, She Goes, She Goes, She Goes & I just went. Now Zetec Powered. 1.6lt of madness. But the XR8 still remains ![]() Last edited by AUIII XR8 MAN; 09-02-2005 at 10:52 PM. |
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#8 | ||
Join Date: Dec 2004
Posts: 9,292
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you dont have a hope in hell. you were in the drivers seat of a moving car WITH the engine running and you werent wearing a seatbelt. so tell me again what defense were you going to use?
take it like a man and pay the fine. you have no one to blame but yourself. if you were startled by someones horn, its time you hand your license in...seriously. |
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#9 | ||
The Guy You Love To Hate
Join Date: Jan 2005
Location: Vic
Posts: 1,203
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One things for sure, its outrageous and youre copping an unfair punch.
Heres a good tip: Dont get your legal advice from the net. Too many varied opinions so theres really no hard answers. Just ring a solicitor experienced in traffic infringements and ask for advice and an idea of success. Many good ones will do this for free. |
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#10 | |||
Getting There
Join Date: Jan 2005
Location: Kununurra, WA
Posts: 93
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Quote:
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1996 EF2 XR6 Manual Last edited by Jaeger; 10-02-2005 at 02:16 AM. |
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#11 | |||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Quote:
Reversing is easily done with belt on. If you hit hard my anothe car you will be thrown in the cabin. If you move forward you will be fined. Bendan, as you have no leg to stand on, don't waste ya time. Fact: You were moving forward without a seatbelt.
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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#12 | ||
Petro-sexual
Join Date: Dec 2004
Location: Melbourne
Posts: 4,527
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I thought there were rules in place that say you can drive your car in a forward direction without the seatbelt as long as you dont go over a certain speed? Like postie truck drivers, cause of the constant stopping.
I've heard this somewhere, but stuffed if I can remember where....if it is wrong, you'd have a very small chance as its just your word over his, and from memory vicpol were given extra rights not all that long ago so his word is worth a lot more than yours. |
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#13 | |||
Petro-sexual
Join Date: Dec 2004
Location: Melbourne
Posts: 4,527
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Found it!!!
http://www.rta.nsw.gov.au/rulesregul...nloads/p16.pdf Scroll down to 267 - Exemptions from wearing seatbelts on page 4 Quote:
Last edited by MAD; 10-02-2005 at 09:49 AM. |
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#14 | ||
Starter Motor
Join Date: Feb 2005
Posts: 4
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Thanks for all ur suggestions, definetly varied!! Davway you sound like a pretty nice bloke :thebirds:
I did try explaining to the cop that I wasnt intending the drive so much as accidently rolling foward. Yeah, yeah I know its still foward motion and the belt was off, but I guess I thought I might have got the one nice cop in queensland (no luck). When he wouldnt budge I asked him to explain the court procedure and he just said "read on the back" then walked off, I had a quick read then called to him that I didnt understand the ticket he'd just given me and I'd like some help with it, to which he came right back to the car, leaned in the window right in my face and informed me that I would probably never understand it so why should he bother. Then he walked away again, so I told him how I thought he was really nice, and that I was so glad I could help him fill his quota, so he breathalized me. Are cops required to explain the ticket? Do you have to have a seatbelt on while parking? Does anyone have any experience with bribing a jury? :P Thanks B |
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#15 | ||
PM me if you want
Join Date: Dec 2004
Location: Pk Ranger Modding - QLD 👍
Posts: 7,498
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I thought being in a car, sitting in the drivers seat, with the keys in the ignition was deemed as being in control of a vehicle (wether vehicle is strarted or not), and hence i think you are stuffed, I understand you can get DUI from the above conditions.
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#16 | ||
Adapt or perish...
Join Date: Jan 2005
Location: Dip!@#$
Posts: 7,954
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Brenden, honestly, I wouldn't bother. Unfortunately, you were caught in a forward motion with no seat belt on. Unless you are a delivery driver, you don't have a leg to stand on. Hell, my local postie has to wear his belt. And yes, he does drive a Falcon to do deliveries of mail, the little post bikes don't have the guts to get around where I live. He has to stop at each mailbox and stick mail in the box, then drive to the next place and so on and so on.
Just wait til it's due then pay the mother canucker.
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Carless
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#17 | |||||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Quote:
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
Last edited by LTDHO; 10-02-2005 at 02:04 PM. Reason: New information found |
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#18 | |||
Join Date: Dec 2004
Posts: 9,292
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#19 | ||
Banned
![]() Join Date: Dec 2004
Posts: 8,303
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Hrm, I never knew of those *exceptions*!
Might not test the theory out though, methinks I'll avoid doing laps around the cop station at 20kph ![]() Best of luck with the ticket situation. |
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#20 | |||
Join Date: Dec 2004
Posts: 9,292
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#23 | ||
not here much anymore
Join Date: Dec 2004
Location: Sthn NSW
Posts: 22,918
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Perhaps a little late:-
yes it is legally 'ok' to take your seatbelt off whilst reversing, or if yuore doing a lot of deliveries etc. I think taxi drivers are also exempt from wearing them, or at one point they used to be anyway. However, i wouldnt not test this. In your case, id say its just bloody bad luck, but thats how it is - you were going forward, and constable plod happened to be in the right place at the right time as they sometimes are. A little unfair perhaps to give you a ticket (a warning would suffice im sure), but thats their job. If for example you were a courier, you'd still be expected to have the seatbelt on when not making a lot of deliveries in a row (i.e. driving from one side of town to another).
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2024 F150 XLT
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#24 | |||
Regular Member
Join Date: Jan 2005
Posts: 48
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Quote:
:( dam but hey you were going door to door ;) Last edited by live_1991; 10-02-2005 at 10:07 PM. |
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#25 | |||
Ford Fanatic
Join Date: Feb 2005
Location: Brisbane
Posts: 1,480
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Quote:
There is another exception you may be unaware of, Sorry this still aint gunna help. but A taxi driver does not have to wear a seat belt by law either. (Funny story) A taxi driver I know got pulled up for smoking in his taxi ($60 fine for that) To which he stated to the cop, his hail light was not on, he was in civic clothing and he was taking his taxi to the car wash, the cop noticed he was not wearing his seat belt and said "Oh in that case there is no problem with you smoking as you were using it as a private car at this time" Then the cop wrote the ticket out for the seat belt infringment $120.00 fine. LOL...the taxi driver I know now knows to keep his mouth shut. |
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