Fined for loose helmet straps...

• 

  snappy1234 on 20/08/2014 - 16:26

  -2

  Pretty sure I had my helmet properly fitted but just can't remember as I wasn't paying attention in that situation (was just thinking what I did wrong before he spoke to me)

  Speak to your doctor ;)

  • 

    srcc1 on 20/08/2014 - 17:17

    It's not like I get pulled over every day and feel relaxed with it
    So I'm not saying I definitely secured it all properly but opening the helmet is such a frequent thing that you don't always pay attention when doing it.

• 

  pjetson on 20/08/2014 - 16:42

  I've had a fine and points waived, but I admitted that I had done what was alleged, and explained why the offence had occurred.

  You're in a different situation in that you are denying the offence.

  You can try writing a letter outlining the facts as you see them, but I'd expect that they'd just tell you to go to court.

  Or you could write a contrite letter admitting to the offence and present some kind of extenuating circumstances (perhaps the strap had just broken and you were scootering home slowly but with the helmet on your head) and hope they will waive the fine and points.

  I'm sorry but I don't think there's much else you can do. I think the cop was a bit of a pr*ck to issue a fine of that magnitude.

  • 

    srcc1 on 20/08/2014 - 17:20

    To be honest if that's the only way to not deny it then I wouldn't even care.

    Found another post here
    https://www.ozbargain.com.au/node/70291

    I might as well just try modifying this letter and see what happens.

• 

  [Deactivated] on 20/08/2014 - 17:23

  Post a pic of yourself wearing the helmet as it was when the cop pulled you over? Obscure your face or whatever. Really curious to know what he saw. Loose helmet straps… that's a first lol.

• 

  kwaker on 21/08/2014 - 08:01

  Obviously cop needed his quota filled. This is ridiculous.

  Please don't let this slide and just pay it. Take it to court

• 

  Euphemistic on 21/08/2014 - 08:40

  Is it possible that your helmet has a loose strap for adjustment that hangs down? If so this may be what the policeman saw. Put your helmet on properly, then look in a mirror to check if there is a strap that hangs down. If there is, take a photo and send it in with a request for leniency. Of there isn't, send the letter in anyway saying you did not realise your helmet was undone and ask for leniency. If it is a first offence it should be waived.

• 

  mrmachine on 21/08/2014 - 09:26

  +2

  Take it to court. I've heard that 9/10 times if you at just turn up and give a reasonable explanation, they will waive the fine and points. Often the police officer won't even turn up, in which case you win. He only saw the strap for a brief moment and noticed it was longer on one side. Taking your helmet off quickly has nothing to do with it and is a very subjective measure.

• 

  WT on 21/08/2014 - 13:25

  You are supposed to fit 2 fingers snugly between your strap and chin, if its any looser the helmet can be pulled off your head in an event, even take your jaw off

  If its the end piece dangling (red button), well I don't think there is a law on that, so long as you have it strapped in the buckle properly. The red button is only a comfort thing to stop it flapping around at highway speeds. You could argue that the button holds the strap at an angle to stop the buckle from slipping, but realistically it pops off so easily it would do SFA.

  The amount of people who don't know how to strap their helmet, or get lazy doing it is amazing. Pretty sure its like the first thing they teach you when you get your L's

  TLDR
  A) cop needs to fill his quota
  B) Cop is a biker, seen your strap loose and fined your ass

• 

  [Deactivated] on 21/08/2014 - 13:41

  Anyway just received the fine of 293$ and 3 points. Basically saying I wasn't wearing a helmet at all.

  What is the actual offence? Are you sure the fine isn't for $295?

  • 

    srcc1 on 21/08/2014 - 19:46

    I think it should be 295 but he wrote down 293…

    And the code is 2085

• 

  t_c on 21/08/2014 - 14:10

  -3

  first world problems $293 fine for a loose strap, meanwhile journalist gets his head hacked off with a hunting knife.
  That cop must be so proud of himself for nabbing a real criminal.

  • 

    [Deactivated] on 21/08/2014 - 14:31

    Was the journalist decapitated in Melbourne? If not, what exactly was the police officer meant to do about it?

    In OP's case, an incorrectly fastened helmet can result in a head injury.
    It's a known law that riders need to "wear an approved motor bike helmet securely fitted and fastened on the rider's head", just as car drivers need to wear seat belts.

    • 

      t_c on 21/08/2014 - 16:05

      Maybe you should re-read my post, as clearly the meaning has completely bypassed you.

      • 

        [Deactivated] on 21/08/2014 - 16:17

        +1

        Yeah, I struggle to work out what you are on about.
        The cop was doing his job and you think he shouldn't be proud of himself because a journalist overseas was killed?

      • 

        t_c on 21/08/2014 - 17:58

        @Thrift:
        Sigh, I give up…

• 

  coolhead on 21/08/2014 - 14:34

  +1

  give him a warning rather than a $293 fine.. ridiculous..
  lesson learnt hard way

• 

  [Deactivated] on 21/08/2014 - 16:43

  +1

  I've never had any fines issued on my drivers licence and heard that you can appeal speeding fines every 3 years or so
  Is it possible to do the same with this infringement?

  You can make a request for the fine to be withdrawn and be given a warning.

  Official warnings
  Victoria Police has the discretion, upon review, to withdraw an infringement notice and issue an official warning in its place.

  An application for internal review can be made at any time before the offence is lodged with the Infringements Court, or before the expiry of the period for bringing a proceeding to court in relation to the offence.

  http://www.police.vic.gov.au/content.asp?Document_ID=10369

  That page has all the information on how to apply for a review.

  I wouldn't be as vague as you have written here, ie "Pretty sure I had my helmet properly fitted".

  Anyway just received the fine of 293$ and 3 points. Basically saying I wasn't wearing a helmet at all.

  Assuming the offence on the infringement is
  "2085 Ride motor bike without helmet or with passenger without helmet" ($295 fine, 3 demerits)
  then it's not alleging that you weren't wearing a helmet, rather that you broke Regulation 270

  Regulation 270 'Wearing motor bike helmets'
  1. The rider of a motor bike that is moving, or is stationary but not parked, must—
  a) wear an approved motor bike helmet securely fitted and fastened on the rider's head;
  …

  • 

    srcc1 on 21/08/2014 - 19:45

    It says 2085 - Ride motorbike without properly fastened helmet - 293$ - 3 points

    Today I tried to figure out what he might has seen and yes, when I just wear it normally fastened without putting the red button thing in, then there's a maybe 4-5cm piece of strap just hanging down. Maybe that's what he saw in the second when I passed him at a intersection…

    And thanks for the good comment :)
    Will have a look at the links you posted

    • 

      [Deactivated] on 21/08/2014 - 20:38

      If the strap is securely fastened (eg through the D rings, then looped back through one of them and pulled tight) but just the end-button isn't clasped (designed to stop the strap end slapping you in the wind), then detail that in the letter and explain the end strap may have popped out, but the helmet was properly buckled. Maybe even include a picture of it fastened in that state.

      (If you just run it through the D rings and it's not secure, then learn to do it properly for your head's sake :)

      Brisbane's Deputy Lord Mayor was fined earlier this year for not properly buckling his helmet:

      “I didn’t have it (the chin strap) double looped. (See photo) “It was through the double D clasp and crossed over so it didn’t flap, but I hadn’t threaded it back through the second loop. When he tugged on it, it did come loose.”
      http://motorbikewriter.com/fined-330-for-loose-motorcycle-he…

      • 

        Davo1111 on 23/08/2014 - 18:58

        I don't blame the police for giving that a fine. Hes basically bypassing the whole double D clasp and reverting to a knot.

• 

  Speckled Jim on 21/08/2014 - 18:32

  Basically saying I wasn't wearing a helmet at all.

  So it's factually incorrect — what a gift! Take it to court.

  • 

    Davo1111 on 23/08/2014 - 18:51

    He didn't say that. It's that not wearing a helmet and not wearing a helmet properly falls under the same offence/penalty

    • 

      Speckled Jim on 25/08/2014 - 09:44

      OP was a little vague, but I'd like to know what's written on the infringement. A court challenge could turn on a single word.

• 

  bargainhuntaa on 23/08/2014 - 15:26

  I had a motorbike accident once and due to loose strap the helmet came flying off during the crash. Lucky I got away with just a broken leg.

• 

  Davo1111 on 23/08/2014 - 18:55

  +3

  If you can take your helmet off without loosening the straps, i reckon you deserve that fine.

  If it was just the loose end hanging, then you should take it to court.

  Your vagueness of the post, i reckon the first situation is most likely.

  It reminds me of people who wear their seatbelt loose under their arms, then complaint when they're caught for not wearing it properly.

  • 

    UncommonName on 24/08/2014 - 07:56

    How do someone wears seatbelt loose? I mean seatbelt has a self-tightening mechanism, so is it possible to remain it loose?

    Edit: Never mind. Seen 'under their arms'.