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8 months to issue a traffic fine - ridiculous

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pfillery Insano Dub Head

734 posts · joined Dec 2011 ·

#966491
So I got a traffic infringement yesterday for following another vehicle too closely (standard if you rear end anyone and the police come out apparently) but for an accident that happened in December last year. All the insurance side was finalised by January, got a letter yesterday (don't even have the car anymore) saying they have concluded investigations and are fining me.

While I can understand that its probably hard to argue, after all you have to be following too close if you rear end someone, it seems a tad bit unfair if I wanted to fight it, it was 8 months ago so how would I be expected to recount details etc?

Anyone else had cases of long delays to get fined? Should be a statute of limitations.....

66deluxe Custom Title Time!

1,593 posts · joined Aug 2005 ·

#966494
My friend got fined for having an accident due to bad weather and slippery road.
This is my Volkswagen, there are many like it, but this one is mine. Without me my Volkswagen is useless, without my Volkswagen, I am useless.

61 Karmann Ghia 2110cc type1 w Los Panchito's
66 Deluxe Beetle 2270 type 4
10 Subaru WRX Impreza

1303Steve Scirocco Rare

8,650 posts · joined Aug 2002 ·

#966495
Hi

Get some legal advice, if your in a motoring club like NRMA, RACV, RACQ etc they can usually help.

Steve

waltermitty Legend when my beer goggles are on

1,993 posts · joined Aug 2002 ·

#966500
pfillery wrote:So I got a traffic infringement yesterday for following another vehicle too closely (standard if you rear end anyone and the police come out apparently)
It sounds as if you were at fault and liability has been sorted by insurance. If thats the case and the accident was your fault I think its too late and futile to fight it .

Mitchell
23 windows ...8 too many!

waltermitty Legend when my beer goggles are on

1,993 posts · joined Aug 2002 ·

#966501
66deluxe wrote:My friend got fined for having an accident due to bad weather and slippery road.
So what is that fine called?

Mitchell
23 windows ...8 too many!

Allbones Officially Full-On Dubber

395 posts · joined Jul 2012 ·

#966507
waltermitty wrote:
66deluxe wrote:My friend got fined for having an accident due to bad weather and slippery road.
So what is that fine called?

Mitchell
Driving.


Hahaha.

narumi I'll do it tomorrow

138 posts · joined Aug 2011 ·

#966510
three years ago I got a fine for driving down wrong way into one way street.
I paid the fine. About one year and two months after that I got the demerit point for that fine

HappyDaze Superannuated

2,887 posts · joined Jun 2009 ·

#966511
If you say you were not following too closely 'they' will want to know why you hit the other car, and probably ask if you were texting/perving etc. Best to wear it
I'd rather wear a Beetle out by racing it than by polishing it!

68AutoBug Beetle Restorer - Experience over 138\% - YIKES --

11,654 posts · joined Aug 2002 ·

#966514
pfillery wrote:So I got a traffic infringement yesterday for following another vehicle too closely (standard if you rear end anyone and the police come out apparently) but for an accident that happened in December last year. All the insurance side was finalised by January, got a letter yesterday (don't even have the car anymore) saying they have concluded investigations and are fining me.

While I can understand that its probably hard to argue, after all you have to be following too close if you rear end someone, it seems a tad bit unfair if I wanted to fight it, it was 8 months ago so how would I be expected to recount details etc?

Anyone else had cases of long delays to get fined? Should be a statute of limitations.....
I suppose it was forgotten and was a cold case.. but someone who had nothing better to do.. looked at old cases to see what money they can get for the NSW Government..

but Yes, You try to get money from the Government etc after that long.. its probably too long... for them...
but never for the public...
Usually fines are processed as fast as.. and within 6 months is long enough...

I would try to find out whether it is too long a time...
maybe if it was a court case... they would need to wait..
but once the car is fixed etc..???
They change the laws all the time too...??

cheers

LEE
- Helping keep Air Cooled VWs on the road - location: SCONE in the Upper Hunter Valley - Northern NSW 320 kms NNW of SYDNEY---

pfillery Insano Dub Head

734 posts · joined Dec 2011 ·

#966522
I may not have been clear enough in the original post. I'm not disputing the validity of the fine, simply the timeframe taken to issue it.

Standard thing apparently to get a "follow another vehicle too closely" fine in an accident. Unfortunately they don't see the other facts like the car in front hitting first and us coming against the aftermath of that. Following too close is a bit subjective when its pulling up to traffic lights and going slowly anyway.

My point was if the fine was issued a week after the incident, if you did want to dispute it all would be fresh in your mind, I don't plan to dispute it because its pretty hard to deny when you hit another car. We paid an excess and so did at least one of the others involved. After the best part of a year, if it did go to court it would be futile.

Bit rich, $270 odd and 1 point. Used to be a lot less than that. Relying on the fact that after a year you wont remember enough to dare take it to court so either way they win.

AA003 Custom Title Time!

1,189 posts · joined Oct 2011 ·

#966525
Write a letter and admit guilt but that you think that it is unreasonable that the period of time since the incident that you should now receive a penalty. They may give you a clause 10 warning.

You won't get out of it because you were too close as your bumper was embeded in the back of the other vehicle.
I read it on samba, so it must be correct.

Sometimes Volkswagen dealers sell spare parts. Amazing isn't it!😂

vlad01 Compulsive Aussie Vee Dubber

4,270 posts · joined Jun 2010 ·

#966529
66deluxe wrote:My friend got fined for having an accident due to bad weather and slippery road.
lol wtf?


apparently you can get fined for not waiting 3 sec at a stop sign when there is no legislation to state how much time is required, only that you must stop and not a required about of time to stay stopped.

I have heard a few people get fined for this as well as slowing down to a crawl at a give way, then processing through when clear, apparently not giving way from the point of the view of the cop.




nanny country!

71 notchback,
Past owner of, 70 NB, 73 SB and 72 FB TLE

Camo Custom Title Time!

1,936 posts · joined Oct 2007 ·

#966547
Not sure what state you are in, but don't worry about all of the above.

Now that the offenses come under the Australian Road Rules, it shouldn't matter what state you are in.

There is a 6 months statue of limitations to issue a fine, after that they would normally have to submit a traffic breach and this would put you before the courts.

To the best of my knowledge, the ticket is not lawful as written outside the 6 months period. Some coppers will send them anyway and just hope the driver at fault pays the fine.

Make sure you never lose that ticket or a copy of that ticket. I don't know if you try to get the ticket canceled, if they can then start the traffic breach. Not sure if there is double jeopardy in traffic matters.

Good luck and give it to them and make the copper look silly, not knowing the limitations to write one.

Note: This is the way it was in NSW, I apologise to all if it has changed.

Kev
I thought rebuilding a VW would be cheap - Shit I was wrong, just don't let the wife know !!!!

Click here for my (slowy) modded 1961 Beetle build.

Yogie Moderator Custom Title Time!

1,608 posts · joined Jun 2003 ·

#966549
1303Steve wrote:Hi

Get some legal advice, if your in a motoring club like NRMA, RACV, RACQ etc they can usually help.

Steve
x2

Isola Officially Full-On Dubber

217 posts · joined Oct 2011 ·

#966554
vlad01 wrote:
66deluxe wrote:My friend got fined for having an accident due to bad weather and slippery road.
lol wtf?


apparently you can get fined for not waiting 3 sec at a stop sign when there is no legislation to state how much time is required, only that you must stop and not a required about of time to stay stopped.

I have heard a few people get fined for this as well as slowing down to a crawl at a give way, then processing through when clear, apparently not giving way from the point of the view of the cop.




nanny country!
That's when you take the police force to court for terrible training and knowledge and wasting your time.

bugmaniaar Officially Full-On Dubber

295 posts · joined Jun 2011 ·

#966555
WTF..Hope there wasn't any jam or hundreds and thousands on the paper work from the donuts..Sound like the states need money

vlad01 Compulsive Aussie Vee Dubber

4,270 posts · joined Jun 2010 ·

#966730
tell me about it.

I know someone who a cop was trying to defect his VR for being "too low" when it had only factory FE2.

When the guy argued with the cop and pointed out that his patrol car was much lower than his the cop gave up and left lol.

Obviously had too much time and wanted to make a buck for the force. 🙅

71 notchback,
Past owner of, 70 NB, 73 SB and 72 FB TLE

AA003 Custom Title Time!

1,189 posts · joined Oct 2011 ·

#966907
There is more bullshit on this thread than any AVD thread ever.

Some people need to take their licences back to the RTA and say to them, "I am too stupid to drive a car so I'm handing this back".🤓
I read it on samba, so it must be correct.

Sometimes Volkswagen dealers sell spare parts. Amazing isn't it!😂

donn Wolfsburg Elder

3,515 posts · joined Nov 2005 ·

#966912
Yep, cop bashing and stupid statements go hand in hand here at times. 😵‍💫
I dream of a day when a chicken can cross a road without being asked for it's motive!

byronbus dsk

4,204 posts · joined Jul 2003 ·

#966979
vlad01 wrote:apparently you can get fined for not waiting 3 sec at a stop sign when there is no legislation to state how much time is required, only that you must stop and not a required about of time to stay stopped.


nanny country!

Its in the road rules, legislation in most states, or the road act, which is national...
www.dsk.com.au

byronbus dsk

4,204 posts · joined Jul 2003 ·

#966980
AA003 wrote:There is more bullshit on this thread than any AVD thread ever.

Some people need to take their licences back to the RTA and say to them, "I am too stupid to drive a car so I'm handing this back".🤓
Haha and i think neg driving is a greater fine and more points than travelling too close to the car in front, and lets face it, if you rear end someone thats neg driving...
www.dsk.com.au

byronbus dsk

4,204 posts · joined Jul 2003 ·

#966981
66deluxe wrote:My friend got fined for having an accident due to bad weather and slippery road.
Hopefully neg driving, should be more of it, could have killed someone... maybe teach your friend to drive to the conditions...
www.dsk.com.au

vlad01 Compulsive Aussie Vee Dubber

4,270 posts · joined Jun 2010 ·

#967021
byronbus wrote:
66deluxe wrote:My friend got fined for having an accident due to bad weather and slippery road.
Hopefully neg driving, should be more of it, could have killed someone... maybe teach your friend to drive to the conditions...
Thats a stupid comment.

Rather than fining people they should do mandatory courses for car handling skills.

Its like being sent to the principals office at school for not knowing something that hasn't even been taught. Does that happen in schools? no so why should it happen when driving?

71 notchback,
Past owner of, 70 NB, 73 SB and 72 FB TLE

vlad01 Compulsive Aussie Vee Dubber

4,270 posts · joined Jun 2010 ·

#967022
byronbus wrote:
vlad01 wrote:apparently you can get fined for not waiting 3 sec at a stop sign when there is no legislation to state how much time is required, only that you must stop and not a required about of time to stay stopped.


nanny country!

Its in the road rules, legislation in most states, or the road act, which is national...
I can not find any legislation stating this. Can you show me.

I think the mentality is derived from driving lessons as its a means of the supervising driver to see you acknowledge the stop sign.

71 notchback,
Past owner of, 70 NB, 73 SB and 72 FB TLE

Bizarre Moderator The artist formerly known as blue74l

12,789 posts · joined Aug 2002 ·

#967030
vlad01 wrote:I can not find any legislation stating this. .
So how could you get fined for something that isn't a rule?
NSW rules says you must come to a "complete" stop.
Now the policeman's interpretation of that is how much lip you give him.

But you would be fined for not coming to a "complete stop"
You would not be fined for not stopping for 3 seconds
Futue te ipsum!!!

vlad01 Compulsive Aussie Vee Dubber

4,270 posts · joined Jun 2010 ·

#967035
Bizarre wrote:
vlad01 wrote:I can not find any legislation stating this. .
So how could you get fined for something that isn't a rule?
NSW rules says you must come to a "complete" stop.
Now the policeman's interpretation of that is how much lip you give him.

But you would be fined for not coming to a "complete stop"
You would not be fined for not stopping for 3 seconds
thats the thing, a complete stop was made in the person's case but when the cop pulled them over and stated they were getting fined for not stopping for 3 sec.

???

I think the fine did state not coming to a complete stop but thats what the officer used for the fine not what actually happen and was said by the officer.

One of those dash cams are a good idea.

71 notchback,
Past owner of, 70 NB, 73 SB and 72 FB TLE