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Cycle Fine in Victoria :(


S0004375

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Hi all.

 

This morning on the way home from night shift I was followed and fined by police. they stopped me after 2KM and fined me for four offenses.

 

No Helmet - $180

Crossing a footbridge on a bike - $180

Riding on a bike on the foot path - $180

Riding though a red light - $381 (I deny this)

 

The total fine will be like $900 for three offenses if he knocks one off or a court date :( I find it unfair that they didnt stop me stop me stright away? Why? I was on my girlfriends basket push bike with no gears which hardly moves so they could have easily caught me on there racer bikes. so Why did they put my life at risk to try and fine me more? was it to reach there bonus targets as its coming toward the end of the financil year?

 

Does anyone think if i argue this case and the fact im not from Australia and indeed the UK i can have the fine reduced or wiped? nearly every backpacker I know says they never paid fines and tell me to do the same.

 

I leave in two months anyway but return later in the year on a defacto visa. if i dont pay could this effect me getting back in later in the year? the officers took my ID (bank card as proof of identification) DOB and address. they also voice recorded me.

 

any advice would be greatfully recieved, many thanks, gutted..... worst ride home from work ever!

 

Many thanks,

 

Tom

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I don't see how the police were "putting your life at risk". You chose not to wear a helmet, that's not their fault.

As for why they didn't stop you straight away, who knows. Did you ask them that when they did stop you?

If you break the law and get caught then you pay the price. I don't think that where you are from will make a difference either.

Edited by Tappers2oz
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Wow you would have thought a warning/quiet word would have happened though I know as a visitor from the past you can get fined for the helmet aspect. I have heard Victoria fine heavier in price then other areas too. :-(

 

Unfortunately I am unable to help but hopefully others will be able too. My only thinking is if your planning on coming back on another visa then you should differently pay the fine and then appeal anything you disagree on to avoid any record against you.

 

Sorry I couldn't have been of any help.

Edited by bell123321
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I don't see how the police were "putting your life at risk". You chose not to wear a helmet, that's not their fault.

As for why they didn't stop you straight away, who knows. Did you ask them that when they did stop you?

If you break the law and get caught then you pay the price. I don't think that where you are from will make a difference either.

 

I never asked no I was still quite shocked I had been stopped. My point is if a car run a red light they would be stopped straight away would they not? Why have they not intervened earlier, they could have prevented me from injuring myself and others and saved me some money in the processes I made a bad judgement but it's the polices job to intervene and see things also and they failed to do there job of you ask me. I think you see my point surely?

 

Im in more angry at myself but the fine is so high!

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I never asked no I was still quite shocked I had been stopped. My point is if a car run a red light they would be stopped straight away would they not? Why have they not intervened earlier, they could have prevented me from injuring myself and others and saved me some money in the processes I made a bad judgement but it's the polices job to intervene and see things also and they failed to do there job of you ask me. I think you see my point surely?

 

Im in more angry at myself but the fine is so high!

If you didn't run the red light as you are saying then how would they be stopping you injuring yourself and others? Maybe they were going to let you off the helmet but you kept doing things wrong to the point that they couldn't ignore it any more.

They must have been going pretty slowly to follow you for two km. Did you not realise they were there?

 

If you are planning on coming back you will need to pay and try to sort it out the legal way. They won't issue visas if you owe the government money. Learn from this (expensive) lesson and don't do it again.

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You broke the law by wearing no helmet, but the method of accumulating fines thereafter seems wrong. Don't know your whole story but the Police should have stopped you immediately for the first offense, rather than endangering your life by allowing you to travel further on a bike with no helmet, presuming that you would go on to commit further revenue raising offenses.

 

Seek legal advice.

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They didn't put your life at risk - you did that all by yourself the moment you decided to get on a bike without a helmet and run a red light!! Its the law here, and it should be in the UK too. The foot path stuff - I have no sympathy I'm afraid, and I'll tell you the reason why.

 

A few years ago I found an elderly gentleman lying on the pavement, with a nasty head injury, confused and concussed. It turns out he was walking home (in daylight) from his local shop when a cyclist came from behind without warning and caught him unawares causing him to lose his balance and smack his head on the pavement. He was not expecting a cyclist. He was equally not expecting someone to appear at speed from behind him - even a slow bike will be faster than a walking pace (if it isn't, why do you choose to ride home from work not walk). The cyclist (who did not stick around to be accountable) got off without any injury. I'm sure they had a lovely rest of their day! If the path is not meant for bikes, then it is your fault you got fined. This is they type of event the police are trying to avoid.

 

Going through a red light... where to start?? Cyclists, however slow you might be, must adhere to the same road rules as cars. When a car knocks you off because you were somewhere you were not meant to be at that moment then who do you think will come off worse? I suggest it will be the cyclist not wearing a helmet.

 

I post all this being an avid competitive cyclist myself. I ride 400-500km per week. I spend a lot of time on my bike, and I happen to think you should face up to it, pay the fines, and learn from what has come of it. Luckily what hasn't come of it is any injury to yourself or others...

Edited by Tickled Pink
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Wow that's steep mate. Agree that you need some legal advice, the cops should maybe have stopped you for no helmet and fined you for that and called it a day. The others sound like revenue raising.

 

On my rides to and from work every Day it's a good job WA cops aren't as vigilant. I see people every day biking with no helmets. Always wonder if the cops ever bother to pull people up.

 

I'm all for helmets on bikes and one of my friends wouldn't be with us today if it wasn't for his helmet, or the guy he ran head on into. They both came out of it OK after a trip to hospital.

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They didn't put your life at risk - you did that all by yourself the moment you decided to get on a bike without a helmet and run a red light!! Its the law here, and it should be in the UK too. The foot path stuff - I have no sympathy I'm afraid, and I'll tell you the reason why.

 

Can't agree. I think it's been massively damaging on a number of levels

 

To the OP, the fines sound a bit harsh, I'd try and plead mercy as much as you can because I can't see you being let off, and playing the foreigner card I doubt will work

 

I'm all for helmets on bikes and one of my friends wouldn't be with us today if it wasn't for his helmet, or the guy he ran head on into. They both came out of it OK after a trip to hospital.

So am I. It's the compulsion I think is wrong, and counter-productive

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Well, I think I've got sympathy for the OP, which must be a first.

 

Helmet laws have driven people off their bikes and into cars. So much so that the law be repealed in Qld. The end result is that Oz has the fattest population outside of the US.

 

Running a red light, however safe, gets people backs up though.

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To the OP - the helmet fine is a no go to argue. I'd pay that one.

 

Riding on pavements, there are laws as to when a cyclist can do this and when they can't. Chances are, if you research you'll find you were/are in the group that can't.

 

The running a light, can't say. Perhaps ask if they have video proof of this?

 

I'd be inclined to just cough up the cash and pay the fine and not risk stuffing up your partner visa in the future. And lesson learnt to make sure if you cycle, you follow the rules of the road for cyclists and make sure you wear a helmet at all times when riding a bike.

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Thanks for all the advice :)

 

Im going to write a letter apologising and plead entraptment by the police. I think i have a case but ill post and let people know how i get on. Ill pay the fine whatever that maybe but hopefully they will take pity and see my point of view and lower my fine to a more realistic figure.

 

I mean if in I was in a car and had no seat belt on the police would have stopped me streight away... they wouldnt have waited for me to break the speed limit, litter and go through a red light. Its entraptment and without doubt a money making thing as its coming to the end of the tax year, they want bonuses or are behind on targets!

 

kepp opinions and advice coming :)

 

Tom

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Breaking the cycling laws does nothing to promote cycling here and the cycling community are pro active in getting people to obey the laws of the road. No helmet is a biggy, riding on a footpath. Do not get me wrong people do this and I have done it but we also know that if we are caught we have to take our medicine.

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Not only that, if I were the person deciding if you should give someone the benefit of the doubt, as soon as they said 'entrapment' my heckles would be up and there would be no budging on the fine.

I really think your better off pleading ignorance where you can.

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The police state in Australia is awful, only once in 14 months have I experienced anyone apply common sense to arbitrary rules.

 

I find the cycling and drinking rules the worst. At the rugby yesterday the bars could only sell mid strength as the game kicked off after 6pm.

 

Sadly ignorance of a new countries laws is not a defence and expect any effort you spend trying to get out of it will just end up making you even more angry.

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Seems a bit unfortunate, I don't think cycling on the footpath is illegal here in QLD. Unfortunately you probably drew attention to yourself by not wearing a helmet

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