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  #11 (permalink)  
Old 29th July 2010, 11:20 PM
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Quote:
Originally Posted by miky View Post
Seems to me that if they identify you as the driver then you get the speeding fine.
They get the $700 fine for not disclosing who the driver was within the specified time.

Is it harder than that to understand? Or am I (and others) missing something here.
I'd like to tell them to not advise who the driver was as they will have to pay the $700 anyway
You could be right, but there would be a proceedure & I wonder if the second one cancels out the first. - I'm responsible for the first, the company the second, for being slack..
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  #12 (permalink)  
Old 30th July 2010, 01:57 AM
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There is a victorian traffic cop on Outerlimits4x4. RN/Roadnazi. Probably worth a PM.
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  #13 (permalink)  
Old 30th July 2010, 09:38 AM
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$165.00 and 3 points ?? in wa that would have been $50 and no points.
good luck with out come
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Old 30th July 2010, 11:12 AM
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Really the issue is simple to me.

The firm has to cop the $700 anyway, which is the same as if they failed to nominate, so they should just pay the fine and say nothing, as many firms do.

Some quiet inquiries by you should perhaps try to find out whether the fleet manager kept quiet for anyone in the company in the past. I will bet that it has for some senior execs. This is a precedent and hard to argue against. If they have been scrupulous in nominating in the past , you are on your own. BUT beware the new fleet manager trying to make a name for himself, and if he nominates you write a memo asking what the written company policy is, and does it apply to all employees etc.

This aspect of the law in NSW really irks me, as I think the company should be fined bulk money for not nominating. There was a recent case in NSW where a private company director just appeared to thumb his nose at the law and got away with it,even though there appeared to be only one very distinctive car registered.
Regards Philip A
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DeeJay (30th July 2010)
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Old 30th July 2010, 11:33 AM
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Quote:
Originally Posted by DeeJay View Post
I'd like to tell them to not advise who the driver was as they will have to pay the $700 anyway
You could be right, but there would be a proceedure & I wonder if the second one cancels out the first. - I'm responsible for the first, the company the second, for being slack..
I think the 700 fine will be in addition to the original fine ( possibly). If at this late date the company informs the courts that they can not ID the driver then the original fine will increase and the 700 will still be in place. You will be out of pocket over a grand. or just pay the 160 original fine.
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DeeJay (30th July 2010)
  #16 (permalink)  
Old 30th July 2010, 12:18 PM
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Quote:
Originally Posted by PhilipA View Post
Really the issue is simple to me.

The firm has to cop the $700 anyway, which is the same as if they failed to nominate, so they should just pay the fine and say nothing, as many firms do.

Some quiet inquiries by you should perhaps try to find out whether the fleet manager kept quiet for anyone in the company in the past. I will bet that it has for some senior execs. This is a precedent and hard to argue against. If they have been scrupulous in nominating in the past , you are on your own. BUT beware the new fleet manager trying to make a name for himself, and if he nominates you write a memo asking what the written company policy is, and does it apply to all employees etc.

This aspect of the law in NSW really irks me, as I think the company should be fined bulk money for not nominating. There was a recent case in NSW where a private company director just appeared to thumb his nose at the law and got away with it,even though there appeared to be only one very distinctive car registered.
Regards Philip A
I agree 100% I'm sure senior managers were getting out of fines. Its also quite possible the previous fleet manager wanted to retire a bit early & started to dish out the nominating to those who he previously "protected".
All second guessing of course, but I got on really well with him & now he's gone I get my first fine for 14 years- & I am as careful as usual. Makes you wonder.
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Old 30th July 2010, 12:51 PM
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In Vic if its a one point fine and you have not been fined for more than 2 years write a letter saying sorry and you will get off
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Old 30th July 2010, 02:37 PM
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I sense a misinformation mnefield here...
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  #19 (permalink)  
Old 30th July 2010, 05:33 PM
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Try something along these lines, I think I would modifyy it a bit they must of got hundreds of these.

Try this or something similar If anything, it will buy you some time to pay.



INFRINGEMENT NOTICE NUMBER ########## ISSUED TO (NAME/LICENCE NUMBER) ON THE (DATE) FOR THE OFFENCE OF (OFFENCE).

To whom it may concern,

I refer to the abovementioned infringement notice, and would like to respectfully make representations in relation to same.

About (time) on the (date), I was driving motor vehicle registration number (rego #) in a (N/S/E/W) direction on the (name of road) in (name of suburb/town). At the time, I was aware that the posted speed limit was 70kph. There were signs to indicate this fact. At the time, my speed was (insert speed).

When at a point on (name of road) I observed a fully marked police highway patrol vehicle performing radar duties. It was at that point I was signaled to pull over and stop by the police officer. He informed me that he had detected my vehicle travelling at (speed reading) in a 60 kph zone. At no time did I observe any signs indicating the reduced speed limit. In fact, I believed I was still in the 70 kph zone. This fact is supported by the speed at which I was detected – 72 kph.

I am fully aware of the trauma that speeding has on our roads. I have an excellent driving history. It can be seen that my awareness of speed related issues is demonstrated by the fact I have not come under police notice for any traffic offences. As a motor vehicle driver with (insert years of experience) and a plant operator who holds tickets/licences to drive (insert plant type), I consider my manner of driving to be of a very high standard.

In my defence, I can only state that on this occasion, poor road signage caused me to be unaware of the speed limit on the road on which I was travelling. I have attached photographs to demonstrate same.

As such, given my excellent driving record, and perhaps also due to poor signage being a mitigating factor, I respectfully request that this matter be dealt with by way of a caution on this occasion.

Yours faithfully
XXXXX

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  #20 (permalink)  
Old 30th July 2010, 06:50 PM
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Quote:
Originally Posted by richard4u2 View Post
$165.00 and 3 points ?? in wa that would have been $50 and no points.
good luck with out come

SA. 1-14k over = $221 and 1 point and then it gets expensive!!

I would be surprised if the fine is withdrawn for just an apology...in SA you need to appeal to the Officer In Charge Traffic expiation Unit and will need to make a very very impressive argument!!

Maybe ring anonymously (<= spelling?) the traffic expiation unit in Victoria, explain the circumstances and ask what their procedure is with the fines,
eg
a) do they withdraw the late fee and issue new notice if name given (doubt it, late fee probably will stand for company anyway!)
b) does one fine (company) rule out other?)
c) what the procedure is?

theyll happily tell you, especially if you ask "for a friend"

cheers
Digger
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