hey guys

I have an issue with the Victoria police and i was hoping to get some opinions on what i should do.

Basically i got a fine in march for the angle of my number plate or my motor bike (8386 - number plate not displayed in accordance vehicle regulations). i measure it myself and it was slightly out.

I had a perfect record, so i sent an appeal asking for a pardon and also commenting it should have been picked up at my RWC about 6 months earlier. Then i got a letter late April basically saying we don't care pay it.. :(

Then i get a letter yesterday from vic roads saying that i have accumulated 3 demerit points!
Fact: the issuing officer and the infringement notice both say/said its a no demerit point offence.
Opinion: WTF!! how can a vehicle fault be counted against someones driving ability??

I rang this morning and he said its definatly a demerit point offence, and i would have to send in my copy of the infringement notice, cause theirs say 3 under demerit points :S!!! wtf!

Anyway, Worth taking to court if they don't like my appeal?

I had an incorrectly written ticket once. Had the dollar amount wrong. I was told that it doesn't actually matter what is written on the ticket as the offence already has a defined penalty. In my case it was double points weekend and the copper doubled the money as well. i wasn't required to pay the incorrectly written fine. This was in NSW.

I daresay that if he neglected to write the points on your ticket you are still going to be penalised for them. 3 points seems pretty bloody harsh imo.

They always say there is no demerit points... They are F wits...
Obviously needed to do his quoter for the day...
Take it to court...

in nsw i got a ticket for under 15 over the limit.
It had wrong rego,wrong time and wrong initial in my name!!!!
I had a poo poo house record, but they just said police have 28days to alter the details on a ticket!!!
So exactly WTF!!!!! What a crock of poo poo!!!
Anyways i paid it and moved on this was 10years ago though

You have to take into account what it is likely to costs you to defend the matter but I would take the copper to court as a matter of principle. If you have been driving for quite some time and this is a first offence it is possible that the Court would take that into account and either dismiss the matter or proceed without recording a conviction.I'm sure there would be a community legal service in your state where you can get free advice. They may not appear in court for you but would generally tell you what to need to do to prepare your defence. It just seems to me to be such a trivial matter.

The issue here is the points, corrrect? That offence now carries a 3 point penalty along with the fine, this is due to people simply not displaying a number plate when they got close to maxing out their points. (or motorcycles mounting their plates on a 45 degree angle away from the kerb It was quite common). Also not displaying P plates now has a 3 point penalty, this came in about the same time, only recently, I had to double check myself when I read this thread.

If you contest the charge it will be heard at court, the rule states your number plate must be visible from 20 metres. It is not an offence that can be dealt with by way of a caution. If it is contested a Magistrate can impose any penalty he likes up to the maximum, but even if he decides on "found proven and discharged" (ie OK your guilty but I'm not going to fine you), he has no discretion on the points - points are a Vicroads issue, not a police/court one.

The displaying of a number plate is not a RWC item in Victoria, as the plate plays no part in determining the mechanical safety of the vehicle. Hence why it was not picked up during the previous RWC inspection.

The only way to preserve your points is to contest the matter and prove that the plate was visible from 20 metres to traffic directly behind you and a stationary car on the side of the road. If this is the case then a Magistrate will throw out the charge and you keep your points

Mark is seems to me that gtv6capri has provided the advice you need to consider.

Some good advice cheers blokes!

I find it quite silly that as you said its not a vehicle saftey issue so wont be picked up at RWC, and when i asked how i view legislation a guy at the compliance office said i cant... Its seems like i need to just trust there word... or its some sort of vodoo

Also its not that he forgot to write a points amount, he put a dash through it and told me there was none!

I think what i will do is just write a letter of appeal with a copy of my infringement notice like the guy at civic compliance said. And then start doing a rain dance? or help lots of old ladies with their groceries and hope for some good karma.

Just shows that the state, and the entire country is going broke, and the "authorities" will invent (and conveniently hid behind) any "legislation" to extort any small amount of money from us as possible.

Here you go...

The law is:
Quote:

Road Safety (Vehicles) Regulations 1999 - SECT 222

Affixing number plates

222. Affixing number plates



(1) A registered operator of a registered vehicle must ensure that each number
plate issued by the Corporation for the vehicle is permanently affixed to the
vehicle so that (assuming the vehicle to be on level ground)-

(a) except as set out in subregulation (3)-

(i) the number plate is at all times in an upright position parallel to
the vehicle's axles; and

(ii) the number plate is at all times not more than 1×3 metres above ground
level; and

(iii) in the case of a motor cycle-the centre of the number plate is at all
times not less than 30 centimetres above ground level; and

(b) except as set out in subregulation (3), the numbers or letters (or
both) on the number plate are clearly visible from a distance of 20
metres from the number plate at any point within the space produced by
a horizontal arc of 90° and a vertical arc of 45°, as indicated by the
shaded areas in figures 5 and 6; and



(c) any cover on the number plate-

(i) is clear, clean, untinted and flat over its entire surface; and

(ii) has no reflective or other characteristics that would prevent the
successful operation of a device approved for use under a law relating
to the detection of traffic offences; and

(d) in the case of a motor vehicle other than a motor cycle-one number
plate is affixed to the front of the vehicle and another to its rear,
except as provided in subregulation (2); and

(e) in the case of a trailer or motor cycle-the number plate is affixed to
its rear.

(2) If a vehicle is fitted with a bicycle carrier, the number plate otherwise
required to be fitted to the rear of the vehicle may instead be securely
affixed to the bicycle carrier.

(3) Paragraphs (a) and (b) of subregulation (1) do not apply to a number plate
of a vehicle if-

(a) due to the construction of the vehicle it is not practicable to comply
with those paragraphs; and

(b) the number plate is affixed in a manner that complies as far as
practicable with those paragraphs.

(4) For the purposes of subregulation (1), the obligation to have a number
plate affixed to a vehicle includes a requirement that if-

(a) a motor vehicle is towing another vehicle that is not required to be
registered; and

(b) the towed vehicle obscures the rear number plate of the towing
vehicle-

the registration number of the towing vehicle is displayed, by painting or
otherwise, on the rear of the towed vehicle in accordance with the
requirements of subregulation (1)(b).

(5) For the purposes of section 72(3) of the Act, a person who displays a
registration number as required by subregulation (4) is using the identifying
number in prescribed circumstances.

(6) If a vehicle is used on a highway without bearing number plates affixed
and displayed in accordance with this regulation, the driver of the vehicle
and the registered operator of the vehicle are each guilty of an offence.



Have a look around here if you need any help...http://www.trafficlaw.com.au/

The online forum is a good place to start..

Shaun

This also has a list of ADR requirements -

http://agsearch.ag.gov.au/clsearch/home?query=Australian+design&new=1