I got done.
Dual carriageway in the hunter valley, on dusk, double demerits. Disobeyed keep left unless overtaking sign. Camberwell bends on the new england, if anyone knows the road.
Cop was not at all interested in all the dead wildlife on the side of the road, and my reasoning that there was not a single car around me to block the flow of traffic.
I appealed the fine and points, a good driving record got me off with a warning. Yeah, I disregarded a road sign, but IMO, it was petty.
Before anyone gets agro, I too get ****ty at drivers who clog busy roads by not keeping left, but in my defence, I was, In my opinion, keeping a buffer around my vehicle for safety, when there was no traffic to impede.
All in all, BS rule is BS.
Fair suck of the sav I say. I'd cop it up the arse if I was obstructing traffic or potentially endangering other road users on a single lane road or blind corner... but my instance was a pure money grab on a souble demerit weekend. Famous last words, but take it or leave it.
Below is what I wrote to appeal the fine/demerits. It was worth a shot- If I wasted just 5 minutes of some government counter-muppet's time, then it would be worth it. :twisted:
Disobey keep left unless overtaking sign during time of high wildlife activity
Accessory information pertaining to penalty notice:
1) I have a good driving record, with no convictions in the past 10 years. I have undertaken safe driver training through 'streets ahead driver training? through work, and have been diligent in my observations of road rules up to the time in which I was observed committing the offence. I am seeking leniency in this regard.
2) Please review article below, showing notable statistics regarding accidents regarding wildlife
a) http://www.allianz.com.au/car-insura...e-on-our-roads
i) ?Thousands of collisions between animals and motor vehicles occur on Australian road per year.?
ii) ?NSW Roads and Maritime Services claim that one in five crashes on rural roads involve an animal?
iii) ?A high speed collision with an animal may cause the loss of control of your vehicle, major vehicle damage, serious personal injury or even death.?
Reasoning in my defence: The risks and danger of an animal impact are known, epecially drivers from rural areas such as myself. The risks involved are in one's own interest to mitigate, where possible, and when safe to do so. I believe I was driving safely.
3) Australian road rules Reg 125- Unreasonably obstructing drivers or pedestrians
i) ?A driver must not unreasonably obstruct the path of another driver or a pedestrian.?
Reasoning in my defence: Due to the road design (dual carriage way) and absence of traffic, I believe I was not in breach of this road rule. The ?keep left unless overtaking? signage is designed as a 'traffic control? sign, as per the regulation.
4) Please also note Australian road rules Reg 139 (2) a, b, and c ? ?Exceptions for avoiding obstructions on a road?
(2) A driver on a road with a dividing line may drive to the right of the dividing line to avoid an obstruction if:
(a) the driver has a clear view of any approaching traffic; and
(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the dividing line to avoid the obstruction; and
(c) the driver can do so safely.
Reasoning in my defence: I believe I had a clear view of approaching traffic in this instance, and it was necessary and reasonable to be in the right lane to avoid collision. I believe I was being safe in doing so.
