| [ Total Views: 1343 | Total Replies: 25 | Thread Id: 103107 ] |
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 pfillery
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| posted on August 15th, 2013 at 07:53 AM |
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8 months to issue a traffic fine - ridiculous
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.....
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66deluxe
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| posted on August 15th, 2013 at 07:59 AM |
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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
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1303Steve
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| posted on August 15th, 2013 at 08:28 AM |
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Hi
Get some legal advice, if your in a motoring club like NRMA, RACV, RACQ etc they can usually help.
Steve
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waltermitty
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| posted on August 15th, 2013 at 08:53 AM |
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| Quote: | Originally
posted by pfillery
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)
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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!
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waltermitty
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| posted on August 15th, 2013 at 08:57 AM |
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| Quote: | Originally
posted by 66deluxe
My friend got fined for having an accident due to bad weather and slippery road.
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So what is that fine called?
Mitchell
23 windows ...8 too many!
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Allbones
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| posted on August 15th, 2013 at 10:56 AM |
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| Quote: | Originally
posted by waltermitty
| Quote: | Originally
posted by 66deluxe
My friend got fined for having an accident due to bad weather and slippery road.
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So what is that fine called?
Mitchell
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Driving.
Hahaha.
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narumi
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| posted on August 15th, 2013 at 11:23 AM |
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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
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HappyDaze
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| posted on August 15th, 2013 at 11:35 AM |
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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
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68AutoBug
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| posted on August 15th, 2013 at 11:46 AM |
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| Quote: | Originally
posted by pfillery
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.....
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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
- [size=4]Helping keep Air Cooled VWs on the road - location: SCONE in the Upper Hunter Valley - Northern NSW 320 kms NNW of SYDNEY--- [/size]
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pfillery
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| posted on August 15th, 2013 at 12:45 PM |
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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.
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AA003
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| posted on August 15th, 2013 at 01:14 PM |
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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!
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vlad01
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| posted on August 15th, 2013 at 01:42 PM |
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| Quote: | Originally
posted by 66deluxe
My friend got fined for having an accident due to bad weather and slippery road.
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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 |
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Camo
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| posted on August 15th, 2013 at 04:52 PM |
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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
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 Yogie
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| posted on August 15th, 2013 at 05:13 PM |
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| Quote: | Originally
posted by 1303Steve
Hi
Get some legal advice, if your in a motoring club like NRMA, RACV, RACQ etc they can usually help.
Steve
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x2
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Isola
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| posted on August 15th, 2013 at 05:28 PM |
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| Quote: | Originally
posted by vlad01
| Quote: | Originally
posted by 66deluxe
My friend got fined for having an accident due to bad weather and slippery road.
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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!
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That's when you take the police force to court for terrible training and knowledge and wasting your time.
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bugmaniaar
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| posted on August 15th, 2013 at 05:29 PM |
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WTF..Hope there wasn't any jam or hundreds and thousands on the paper work from the donuts..Sound like the states need money
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vlad01
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| posted on August 17th, 2013 at 09:27 PM |
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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 |
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AA003
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| posted on August 19th, 2013 at 11:25 AM |
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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!
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donn
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| posted on August 19th, 2013 at 01:30 PM |
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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!
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byronbus
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| posted on August 19th, 2013 at 09:21 PM |
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| Quote: | Originally
posted by vlad01
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!
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Its in the road rules, legislation in most states, or the road act, which is national...
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byronbus
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| posted on August 19th, 2013 at 09:23 PM |
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| Quote: | Originally
posted by AA003
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".
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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...
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byronbus
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| posted on August 19th, 2013 at 09:24 PM |
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| Quote: | Originally
posted by 66deluxe
My friend got fined for having an accident due to bad weather and slippery road.
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Hopefully neg driving, should be more of it, could have killed someone... maybe teach your friend to drive to the conditions...
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vlad01
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| posted on August 20th, 2013 at 11:00 AM |
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| Quote: | Originally
posted by byronbus
| Quote: | Originally
posted by 66deluxe
My friend got fined for having an accident due to bad weather and slippery road.
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Hopefully neg driving, should be more of it, could have killed someone... maybe teach your friend to drive to the conditions...
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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,
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vlad01
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| posted on August 20th, 2013 at 11:04 AM |
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| Quote: | Originally
posted by byronbus
| Quote: | Originally
posted by vlad01
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!
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Its in the road rules, legislation in most states, or the road act, which is national...
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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 |
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Bizarre
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| posted on August 20th, 2013 at 01:09 PM |
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| Quote: | Originally
posted by vlad01
I can not find any legislation stating this. .
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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!!!
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vlad01
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| posted on August 20th, 2013 at 01:55 PM |
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| Quote: | Originally
posted by Bizarre
| Quote: | Originally
posted by vlad01
I can not find any legislation stating this. .
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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
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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 |
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