Tag Archives: fine

White line fine hypocritical, says rider

A rider who clipped an unbroken white line at the end of a painted traffic island on the Centenary Motorway, Brisbane, has had his fine upheld in court.

Tristan Holland claims it is hypocritical for Queensland Police to fine him while not fining the driver whose car he it when it performed an illegal u-turn across double white lines.

He claims he didn’t touch the white line and challenged the matter in court.

Police relied on blurry photographic evidence from a body cam taken about 90m from the scene.

Tristan Holland police hypocrisy white line
Police infringement notice photo

Tristan says the fine was upheld in court last week.

“The magistrate stated that if it was on the basis of the video footage alone it would have been thrown out,” he says.

“When I mentioned safety during cross examining the QPS officer I was shut down as it was deemed not relevant.

“At the end of the day the officer stated that that intersection is notorious for this offence to occur so ergo the offence was deemed to have happened even though his line of sight at distance (90m) was impaired.”

White line hypocrisy

Meanwhile, Tristan says a driver who caused him to crash his motorcycle into their car after dangerously crossing a painted traffic island has not been fined by police.

“This morning I had a car do an illegal u-turn off a ‘turn left with care’ slip road right in front of me leaving me with nowhere to go,” says Tristan who was “battered and bruised”.

His 2016 Suzuki Hayabusa was damaged, but still rideable.

Tristan Holland police hypocrisy
Tristan’s Busa at the scene of the crash

He reported the crash to Police Link, but says it was deemed a “non-reportable traffic incident” because no one was taken away in an ambulance.

“That means the QPS will not investigate nor issue any infringement notice to the driver,” Tristan says.

U-turn rider slams police hypcrisy crash accident traffic offence
Red Busa dent on door

“There is no doubt the crash occurred because of the damage to the car’s door and my bike, plus the driver admitted fault to his insurance company.

“So why no infringement notice?U-turn rider slams police hypcrisy crash accident traffic offence

“I find it interesting that QPS will not investigate this, but will hound drivers/riders for allegedly crossing a solid white line based on questionable video footage from 90m away.

“So if you break the law, cause an accident, provided no one is injured, then you don’t loose any demerit points.

“But, if you break the law, hurt no one and police have video footage you are treated like a criminal.

“On the plus side, the driver has accepted liability for repairs. I will have to wait until 2020 to see if they accept liability for CTP insurance.”

Source: MotorbikeWriter.com

Riders claim Sydney parking fines unfair

Sydney riders are claiming $82 parking fines they received are unfair as the jurisdiction of the area changed from City of Sydney council (COS) to state government without clear public notice.

Previously the riders were able to park free in the Rocks, Pyrmont and Darling Harbour areas including outside designated bike-only zones as long as they adhered to the time restrictions.

However, the state reclaimed the land in January, according to the council, and installed private company parking meters at the end of August 2019.

The COS website was only changed on 17 September 2019 after several motorcyclists complained, according to Property NSW.

“Disputed infringements issued before the website was updated have been waived,” they say.

Fines unfair, say riders

Riders claim parking fines unfair
Jin and his yamaha custom

However, riders Jin Weng and Andrew Johnstone missed the change on the website and say the fines are unfair as there was not enough notice provided that the change had occurred.

Property NSW say “signage informing motorists and riders of the change of operation was placed on the meters from the time of the transition, which was managed in collaboration with City of Sydney, and notices were distributed to residents”.

However, Jin claims the road signs are “exactly the same” and the website was updated nine months after the change of jurisdiction.

“Motorcyclists cannot be expected to read the website everyday before parking a bike to ensure a road ownership hasn’t changed,” he says.

Andrew says he was unfairly slapped with an $82 fine along with about eight others in the bike-only zone in the Rocks. 

Riders claim parking fines unfair
Andrew and his scooter

The zone ends at 6pm and then it is four-hour meter parking. 

“I got done at 7.23pm. Previously under Sydney Council Laws there was no meter fee payable. Now this has changed,” Andrew says.

“I never saw anything on the signs for parking. Maybe the signs were on the meters themselves which naturally we would never look at.

“But the website just states part of the Rocks and the link does not link to an exact map and it says to check signs. Signs are no different to any other signs across the city.”

Jin received a parking fine Cumberland St outside a City of Sydney recreation centre because new parking meters were installed by a private company on a road at the doorstep of the COS  recreation centre.

“Other areas within Sydney not under the COS jurisdiction have clear indication at the location that it is managed by a different authority such as areas in the Royal Botanic Gardens and Domain.

“Sufficient notification should have been given when the changes occurred, the signs and parking meters at Cumberland St is exactly the same as anywhere else in the city of Sydney,” Jin says.

Loss of spaces

The loss of free motorcycle parking follows the reduction of CBD kerbside parking last year to accommodate bus, pedestrian and cyclist infrastructure.

It prompted a petition for more motorcycle parking space.

Sydney motorcycle parking petition Emma MacIver
Emma launches petition

Petition organiser and commuter rider Emma MacIver says the city is lagging behind Melbourne and the rest of the world and Motorcycle Council of NSW parking subcommittee claimed council’s lack of consultation with riders on the issue was “disappointing”.

Emma’s petition has gained almost 2000 signatures.

Click here to sign her petition and make council pay attention!

Source: MotorbikeWriter.com

Rider slams Queensland Police hypocrisy

A rider who hit a car doing an illegal u-turn across double white lines is claiming police hypocrisy for inaction while fining him for allegedly clipping an unbroken white line in a separate incident.

Tristan Holland says the two different approaches by Queensland Police smack of hypocrisy.

Earlier this year, Tristan was fined for allegedly clipping an unbroken white line at the end of a painted traffic island on Centenary Motorway.

He claims he didn’t touch the white line and is challenging the matter in court on 16 October 2019.

Police are relying on blurry photographic evidence from a body cam taken about 90m from the scene.

Tristan Holland police hypocrisy
Police infringement notice photo

Police hypocrisy

Meanwhile, he says a driver who caused him to crash his motorcycle into their car after dangerously crossing a painted traffic island has not been fined by police.

“This morning I had a car do an illegal u-turn off a ‘turn left with care’ slip road right in front of me leaving me with nowhere to go,” says Tristan who was “battered and bruised”.

His 2016 Suzuki Hayabusa was damaged, but still rideable.

Tristan Holland police hypocrisy
Tristan’s Busa at the scene of the crash

He reported the crash to Police Link, but says it was deemed a “non-reportable traffic incident” because no one was taken away in an ambulance.

“That means the QPS will not investigate nor issue any infringement notice to the driver,” Tristan says.

U-turn rider slams police hypcrisy crash accident traffic offence
Red Busa dent on door

“There is no doubt the crash occurred because of the damage to the car’s door and my bike, plus the driver admitted fault to his insurance company.

“So why no infringement notice?U-turn rider slams police hypcrisy crash accident traffic offence

“I find it interesting that QPS will not investigate this, but will hound drivers/riders for allegedly crossing a solid white line based on questionable video footage from 90m away.

“So if you break the law, cause an accident, provided no one is injured, then you don’t loose any demerit points.

“But, if you break the law, hurt no one and police have video footage you are treated like a criminal.”

Source: MotorbikeWriter.com

Another win on incorrect helmet fine

Police continue to hand out incorrect  fines for helmet non-compliance and riders continue to challenge and win against the erroneous fines.

In this latest win, not only did the copper get it wrong, NSW Revenue “clearly did not bother reading the Road Rules either”, says Australian Motorcycle Council chairman Guy Stanford.

It follows a similar win for Queensland rider Ian Joice over an external sticker that had the word “Void” across it.

Void helmet Ian Joice
Ian with his “void” sticker

NSW helmet fine

The NSW rider, whose name has been suppressed, was issued a $337 fine on 10 June 2019 for wearing a helmet that did not have an external compliance sticker.

He contacted NSW Revenue which upheld the penalty saying:

There is no sticker on the helmet to show the helmet meets the minimum Australian standards. The helmet must contain a sticker from an approved body stating the helmet meets Australian standards and or has been tested and passed to meet the minimum Australian standards.

Yet the helmet is European and has the ECE22.05 certification sewn into the chain strap as required in the Australian Road Rules since November 2015.Helmet fine win

Guy says the “obvious and glaring injustice” was taken up by the *Motorcycle Council of NSW who made representations to NSW Treasurer Scott Farlow on the rider’s behalf.

Fine win

The Treasurer advised the rider that the matter had been passed back to police for review.

“NSW Police considered your submission and decided to cancel the penalty notice. The issuing officer apologises for any inconvenience,” the Treasurer said.

Guy praised the Treasurer: “It seems that at least one Minister is capable of comprehending. 

Guy Stanford - Mobile phone while riding - darrk visor helmets tinted visor youtube withdrawn void incorrect win
Guy Stanford

“We are pleased that the NSW Minister was able to resolve this matter.

“However, it seems unbelievable that both the NSW Police officer and Revenue NSW are not familiar with a Road Rule that has been in place for nearly five years.

“It would be easy to draw a conclusion that Infringement Notices are for generating revenue from the powerless.

“In this case, the rider was innocent of any wrongdoing, yet the review process failed to recognise this.” 

* The MCC of NSW is a member of the Australian Motorcycle Council and shares its expertise with other state and territory based rider organisations

Source: MotorbikeWriter.com

Victory in void helmet sticker fine

Police have waived a Bribie Island rider’s $400/3point infringement for having a void helmet sticker in a test case that proves riders can legally remove the external sticker.

Ian Joice, 63, says he was pulled over by police on Bowen Rd, Glass House Mountains, on 12 August 2019 at 11.38am.

He says the officer noted the external sticker had the word VOID across it from age and sun damage while the internal label was faded due to wear.

Helmet fine void sticker
Internal label

A week later he received an infringement notice in the post for “fail to wear helmet”.

So he contacted Motorbike Writer after reading our article which advised riders that is legal to remove the external sticker.

Click there to read our full article.

We contacted Queensland Police to ask why an erroneous fine was issued and how many other similar fines had been issued.

They replied:

The infringement in this matter will be withdrawn. This is an isolated incident and the officer has been given guidance regarding the matter.

Ian was greatly relieved when we passed on the news of his fine waiver.

“I have been very distressed with this situation and am greatly relieved that the notice has been withdrawn,” he says.

“I have had some black days since the notice arrived.”

Australian Motorcycle Council helmet law expert Guy Stanford says he believes police are not aware of the rules and standards that apply to helmets.

Guy Stanford - Mobile phone while riding - darrk visor helmets tinted visor youtube withdrawn void
Guy Stanford

“This is a good result from a commonsense complaint,” he says. 

“The facts were clear, the rider had been issued a fine for an offence he did not commit.

“This sort of fraud reflects badly on all police.”

Void sticker

Guy says the external sticker on a motorcycle helmet is only an indication of compliance and not a legal requirement.

In fact, the Australian Road Rules and standards do not even mention an external sticker.

They only say the helmet has to be “permanently and legibly marked”.

“So long as the mark of certification appears somewhere on the helmet that’s all you need, which means the label inside,” Guy says.

AS/NZS 1698 external stickers show VOID due to fading in the sun or if they have been removed.Helmet fine void sticker

“This is only a manufacturer’s device to recommend to riders when they should update their helmet,” Guy says.

“It has nothing to do with any legal requirement and is not mentioned in the Australian Road Rules. There is no expiry date on motorcycle helmets.”

Ian says he didn’t realise his helmet was so old and has now spent the $400 he would have spent on paying the fine to buy a new helmet.

  • We suggest you keep a copy of this article and/or our previous article to show police if you are ever threatened with a similar erroneous fine.

Source: MotorbikeWriter.com

Hefty parking fine for motorcycle ‘overhang’

Riders could cop a hefty parking fine if their motorcycle is parked with its wheels inside a parking bay, but the body of the bike, handlebars or luggage leaning over the line as in the above photo.

A Sydney rider found out the hard way when he copped a $263 fine for parking his scooter on Philip St, in Sydney’s CBD.

Personal trainer Stephen Lewis’s red scooter’s wheels were inside a crowded motorcycle-only parking zone, but some of the scooter body, top box and handlebars were centimetres out of the designated zone.

Parking fine
Stephen’s red scooter

He believed “it was ok” if his scooter’s wheels were within the parking bay.

“Fortunately I took a photo as this happened to me a few weeks earlier in the same spot, where someone dragged my bike out and put theirs in its place,” he says.

“I now take photos as a precaution when parking. It’s close, but I thought this would be ok. The parking fine is for $263 as it is classed as being in a no-stopping zone.”

Parking rules

Parking within the lines presents a problem for motorcycles and scooters.

You can park your bike with its wheels inside the white lines, but the body can be over the line when leaned over on its sidestand. (Note that Stephen’s  scooter was on its centrestand.)

We could not find any specific motorcycle reference to this in NSW parking rules.

Lance was fined for parking his Harley between two car parking bays flexible
This rider was fined for parking his Harley between two car parking bays

The only reference in the NSW Transport parking guidelines is to parallel-parked vehicles that “should be entirely within any marking lines”.

Specific motorcycle parking guidelines only mention that the motorcycle should “not stick out further than any parallel parked vehicle”.

We asked NSW Transport to point out the specific reference to motorcycles leaning out of the parking bay.

This is their reply:

Under Rule 211 of the Road Rules 2014, a driver who parks on a length of road, or in an area, that has parking bays (whether or not a park in bays only sign applies to the length of road or area) must position the driver’s vehicle completely within a single parking bay, unless the vehicle is too wide or long to fit completely within the bay.

Determining whether a vehicle is ‘completely within’ a parking bay or is in breach of this rule is a matter for an authorised officer. If a penalty notice is issued for this offence by a police officer, the fine is $80.

The best option is for riders to ensure that all parts of their vehicle are within the parking bay.

In other words, there is NO specific reference to motorcycles.

We checked rules in other states and councils and could also find no reference to motorcycles leaning outside the designated area.

Also, some motorcycle parking bays are not long enough for big motorcycles as in the photo below.

Motorcycle and scooter riders urged to make a submission to the Brisbane City Council draft transport plan - parking BCC bicycles

Parking fine upheld

Stephen challenged the parking fine asking for leniency because of the marginal overhang, but the Commissioner of Fines Administration upheld the fine.

The Commissioner says he consulted the Caution/Review Guidelines, legislation and information provided by the issuing authority in reaching the verdict.

“The photograph provided indicates the vehicle was partially parked in the no-stopping zone at 6.54am,” the Commissioner wrote to Stephen.

“Based on this information, we are unable to cancel the penalty.

“No-stopping zones are often in areas where it is unsafe for vehicles to stop or park, such as where they may cause a hazard to other vehicles or pedestrians.

“It is important to keep these areas clear to ensure the safety of road users.”

Stephen says the fine seems punitive for such a marginal transgression.

“I am absolutely fuming as this looks like a revenue-generating con,” he says.

Source: MotorbikeWriter.com

Rider loses helmet strap fine challenge

A Perth rider has failed in his challenge to a $550 fine for a loose helmet strap after he says he only loosened it with one hand to talk to two motorcycle police who pulled him over.

Julian Collis says the judge sided with the officers despite proving in court he could undo his helmet with one hand and despite both cops swearing he was wearing an open-face helmet.

“I was actually wearing a full-face Bell Bullitt helmet at the time, so that evidence was clouded,” he says.Loose helmet strap Julian Collis

“I had taken my motorcycle gloves off and put them on the console and loosened my chin strap to take off my helmet but I kept it on when I was told I wasn’t being done for speeding.”

Reasonable doubt

Julian also believes his lawyer proved there was reasonable doubt that police missed seeing him loosen his helmet strap as they were occupied issuing a speeding ticket to a driver at the time.

Unfortunately the police officers’ helmet cameras were not operating as they had parked their bikes to conduct the speed trap.

“In the end, the judge said the two officers had dovetail evidence,” he says.

“We pointed out that they had lunch together in the court recess and could have illegally collaborated on evidence.

“The judge asked if they discussed the case and they said they didn’t and the judge believed them.

“It was a case of two against one.”

Court costs

Julian copped the original $550 fine and four demerit points plus $205 court costs, although his lawyer did not charge him a fee.

However, he says he has no regrets.

“I got to say my piece and tell the truth from what I can remember on the day,” he says.

“I wouldn’t ride around with a loose helmet strap. I value my safety as I have three small children at home and I’ve been riding for 20 years.  

“I could appeal to the Supreme Court, but my lawyer said we had done as much as we can.”

Strap rule

Fine strap Loose helmet strap Julian Collis
Julian’s helmet has a double-D fastener which can be loosened without being undone

Regulation 244 of the Western Australia Road Traffic Code 2000 states that a motorcycle must not be ridden unless an approved helmet is securely fitted and fastened to the head of the rider. 

“It doesn’t mention anything about how tight the helmet strap should be so it’s open to police interpretation,” Julian says.

Source: MotorbikeWriter.com