I was driving my three-year-old son, My wife and my aged parents for a family day out to Royal National Park on Easter Saturday.
My son was sick, coughing and vomited after our hour long drive, crying and struggling in child Seat; My wife suggested to stop briefly so that we can give my son some water to make sure he didn’t inhale any vomit into his lungs. I also desperately need and toilet break.
I couldn’t stop anywhere along the way as it would block the traffic on the one-way road until Sir Bertram Stevens Drive where there appeared to be stopping lane available on the left with two parked cars.
Public toilet was on the right. There were three ¼ hour parking available in front of the toilet and one car park next to it, which I didn’t enter as it is illegal to cross the double solid lines. So I pulled over into the stopping lane, parked after those two cars, turned the hazard light on and ran across the road when the traffic was clear.
After I got out of the toilet, I saw one Federal police car pulled over after my car. I crossed the road immediately when it was safe to cross.
The officer signaled me over and asked for my driver’s license. He seemed to be in a hurry and promptly denied my request for discretion after asking me if it is a medical emergency. He quickly wrote me one penalty notice of $248 for disobeying no stopping sign with wrong offence location and incorrect address and drove away. I went up the road and found the no stopping sign that was blocked by the two parked cars before me.
My review request for leniency was denied. My son’s medical certificate and the medical emergency was acknowledged but they claimed that only medical emergency of passengers at risk of death or harm would be accepted.
I received my first penalty notice for this honest mistake after 10 years driving.
I guess the legal definition of “emergency” was narrower than my interpretation of “emergency”.
RMS publication on safety and rules states that “ No Stopping signs mean that in the area in the direction of the arrow you must not stop your vehicle at any point on the road, unless there is a medical or other emergency.”
I parked at where the arrow is in the photo below.
http://i67.tinypic.com/1ywx6p.jpg
Do I stand a chance to argue this case in court?
@jotay:
If you were sure that the lights turned amber before you entered the intersection, elect to see a photograph of your alleged offending action. In fact, whether you were sure or not, you owe it to yourself to verify if the light was indeed amber or red. This is available in all Australian states and territories.
It's the least you can do to keep the Police honest.