Speeding Ticket- Will I get off?

[DeeJay]

I drive a company car & was told by the "stand in" fleet manager that he had a speeding ticket for me- dated March 30th:eek:.
It was for doing 66 in a 60 leaving a small country town - $165.00 & 3 points :(
Our normal fleet manager was retrenched recently, along with 30 other staff & I reckon he knew he was a goner & held on to all the infringement notices, as my fine also had a $700 + second fine for the company not advising who the driver was within- I guess- 3 months.
The new bloke took my licence details & said he would tell the police I was the driver & said " I guess they will then cancel this second fine"
Does anybody know the proceedure?
I'm hoping the police will say tough titties, you had 3 months & not pass on the first fine to me..
Thanks,
David

[B92 8NW]

I don't quite understand, are you trying to avoid paying the second fine, or get out of the whole thing?

[DeeJay]

I don't quite understand, are you trying to avoid paying the second fine, or get out of the whole thing?

The company recognises that I'm not responsible for the second fine & I told them that's thier problem.
I just started thinking that the police could'nt fine both me & the company could they? I would have thought the second & larger fine would supercede the first?
( I changed the original post too)

[TwoUp]

If it was not you then it is not your responsibilty. Loyalty is a two way street. You and whomever is in a managers position needs to be clear if it is you or if it could have been you. If it is not you then stand tall.

Regards,
PeterW

[DeeJay]

If it was not you then it is not your responsibilty. Loyalty is a two way street. You and whomever is in a managers position needs to be clear if it is you or if it could have been you. If it is not you then stand tall.

Regards,
PeterW

Gosh, I probably didn't explain it too well:(. I was the driver, the vehicle is registered to the company & they got the original ticket, but because they left it 4 months, a second & larger fine came in this time for the offence of not advising who the driver was ( me:angel:)
I was thinking maybe the first fine is superceded by the second. If it is, then I'm off the hook..

[Tombie]

Years ago my company vehicle got caught.
We declared we were unable to identify the driver (cough) and the fine doubled.
However, I lost no demerits and my insurances (we have 6 insured vehicles) weren't affected.
No other fine existed.

[Tombie]

Gosh, I probably didn't explain it too well:(. I was the driver, the vehicle is registered to the company & they got the original ticket, but because they left it 4 months, a second & larger fine came in this time for the offence of not advising who the driver was ( me:angel:)
I was thinking maybe the first fine is superceded by the second. If it is I'm off the hook..

You are off the hook!

[B92 8NW]

You are off the hook!

He is but the fleet manager Turkey isn't:angel:

[miky]

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.

[DeeJay]

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 :angel:
You could be right, but there would be a proceedure & I wonder if the second one cancells out the first. - I'm responsible for the first, the company the second, for being slack..

[DeeJay]

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 :angel:
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..

[isuzurover]

There is a victorian traffic cop on Outerlimits4x4. RN/Roadnazi. Probably worth a PM.

[richard4u2]

$165.00 and 3 points ?? in wa that would have been $50 and no points.
good luck with out come

[PhilipA]

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

[clean32]

I'd like to tell them to not advise who the driver was as they will have to pay the $700 anyway :angel:
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.

[DeeJay]

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.

[slick]

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

[VladTepes]

I sense a misinformation mnefield here...

[adonuff]

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
__________________

[digger]

$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

[d@rk51d3]

What do you mean "then" it gets expensive? ;)

[FenianEel]

I sense a misinformation mnefield here...

Absolutely.

It's 1 fine for 1 infringement, not multiple fines for the same infringement.

If the car is registered in a company name, the fine is 4 times or so that of a normal fine. (i.e. the $700 and no points).

If they nominate the driver, 1st infringement gets rescinded, a new one issued, to that driver for the $165 and 3 points.

If the company has already paid it ($700), that's it...the matter is finalised, whether your employer likes it or not.

They're stupid, you're off scot free...their problem, not yours. :D

[warren9981]

Check this link.
VIC Victoria - Speed Camera Laws - Victoria Traffic Code - Road Rules - Speed Camera Laws for Victoria (http://www.policespeedcameras.info/Road_Traffic_Laws_Speed_Camera_Laws/laws_vic.html)

[clean32]

What do you mean "then" it gets expensive? ;)

talking about exspencive

I got 7 tickets in 3 months ( new company car, falcon) after the first one you get careful. After the 3rd one from the same camera ( port Augusta ) you start investigating. Speedo was out by 9klm at 60klm. repairs cost $390.00 and was a known fault by the company before the vehicle was issued to me. When I took it up with the GM i got no response initially but was made redundant 1 week latter.

Still very bitter about that.