Infringement Notice for Stopping at No Stopping Sign but The Sign Was Not Facing The Road

dragonxx on 01/03/2019 - 21:06
Last edited 01/03/2019 - 21:12

Hi all,

Just want to ask for you guys input on this. I recently received a ticket from Council for stopping at no stopping sign and I was very surprise because I am always careful about this parking stuff. I discovered that the stopping sign was not facing the road but other opposite direction :-/ and even I came back later after a few weeks it's still the same so it's impossible for any driver to recognise it's a non-stopping zone. I feel like it's a trap for everyone and it's been there for more than 2 months now. The pictures are attached:

"Proof" from council: https://i.imgur.com/4BTgIyF.jpg
Pictures taken by me after 2 months later, the sign was/is still facing other direction not to the road:
https://i.imgur.com/G1OB2Kl.jpg
https://i.imgur.com/CBPES69.jpg
https://i.imgur.com/g20WhMj.jpg

All pix here: https://imgur.com/a/4xW5orO

Was the council wrong and must fix the sign now? or should I just pay the ticket? The ticket is $160

Thanks heaps!

Poll Options

  • 46
    Council is wrong, must fix the sign and drop the ticket
  • 13
    Pay the ticket
Automotive

Comments

  • Noire on 01/03/2019 - 21:09
    +9

    Request a review of the penalty notice

  • dizzle on 01/03/2019 - 21:38
    +2

    On the other hand, the green "bike zone" paint on the ground is pretty obvious. And pulling up to that you can see a sign facing the direction of the green zone. I would say it's your responsibility to check the signage.

    • Tech5 on 01/03/2019 - 21:58
      +7

      Tbh coming from a more rural area right now, I would have no idea that bike zone means stop. I mean that stop sign is 180 degree in the wrong direction lol. Without it I would have no clue

      • dizzle on 01/03/2019 - 22:46
        -3

        I understand that, but the green paint obvisouly means something and even in the small photo I can see the bike symbol. There are several lanes such as commuter/bus/bike lanes that common sense says they shouldn't be impeeded. He could have stopped before that but ignorance is no defence.

        • Tech5 on 01/03/2019 - 22:50
          +1

          I'm still of the belief that ignorance in this case can be argued.

          I'll take the QLD version wording for example. The offence is literally called "Not stop at/before stop line/stop sign". Nothing to do with bike lanes. I can't tell if there is a stop line at the intersection, but I think the stop sign is referring to stopping before the bike lane. Not sure how they work tbh.

          You can't be fined for not stopping at a non-existent stop sign right? In this case it might as well be non-existent because it is not visible

        • [Deactivated] on 03/03/2019 - 19:40

          I didn't realise parking signage are like Hidden Mickeys.

    • dragonxx on 01/03/2019 - 23:41

      this section of road was all occupied by parked cars following by a 5 mins parking, naturally you think you’re safe to stop and drop when you saw a 5 mins parking until you see a stopping sign but this case no way you could see it. Laws should be easy for anyone to follow, I don’t see how this sign is clear enough for people to follow.

    • dragonxx on 01/03/2019 - 23:47

      So are you saying the sign is for bike zone and facing the direction of green zone is expected?

  • [Deactivated] on 01/03/2019 - 21:57
    +4

    Revenue raisers = Councils. So they can send their mates Councillors to overseas trips.

    Too much governments in this country.

    • Quantumcat on 02/03/2019 - 23:40

      Hi Diji

    • [Deactivated] on 03/03/2019 - 00:05

      country of barely 25 millions, over 500 governments

  • Ughhh on 01/03/2019 - 22:01

    Sign could be better placed or fixed if it was nudge or something. But a careful driver should always check parking conditions, even if it means walking a few metres down.

    Did you think the sign was for American drivers?

    • dragonxx on 01/03/2019 - 23:35

      I wish I could have had chance to walk down and check but this section of road was all occupied by parked cars following by a 5 mins parking, naturally you think you’re safe to stop and drop when you saw a 5 mins parking until you see a stopping sign but this case no way you could see it. I also wouldn’t risk driving and looking back checking the sign while it’s totally opposite and the road is busy with pedestrians.

      • Ughhh on 02/03/2019 - 00:21

        I wish I could have had chance to walk down and check but this section of road was all occupied by parked cars

        You mean you can't leave your car where you parked, walk some metres down on the pedestrian walkway to check? Were there cars physically blocking?

  • John Kimble on 01/03/2019 - 22:03
    -2

    Fark, so lazy/efficient/sneaky these days, they don't even get out of their car!

    But yeah, I would think you have grounds for appeal.

    https://www.choice.com.au/transport/cars/fines/articles/cont…

    Edit: Although you can't park within 10 to 20 metres of a traffic light either.

    https://www.carsguide.com.au/car-advice/parking-laws-you-sho…

    • John Kimble on 02/03/2019 - 09:34
      +1

      Fark, so lazy/efficient/sneaky these days, they don't even get out of their car!

      FYI I'm referring to the council rangers BTW

      • whooah1979 on 02/03/2019 - 15:25

        Technology is meant to improve productivity. Give it a few years and they'll start using UAV to enforce parking restrictions.

  • JimmyF on 02/03/2019 - 09:31
    +5

    Its 50/50, the sign is facing the wrong way, but from where you parked you could CLEARLY see it if you looked back. Plus the road is painted for the bike lane etc. Which is a giveaway. Plus I'm pretty sure you're too close to the traffic light to 'stop' if it was green and if it was red, well you're stopping a bike zone. So the fine sticks still.

    You're both at fault TBH, lets face it you failed to look at the sign, you did a drop and go, so didn't even bother to LOOK at the sign and got caught due to bad timing.

  • spackbace on 02/03/2019 - 12:54
    +2

    To be fair, you parked on the side of the road near a sign. Personally, I'd be double checking the sign to see what's up, once I'd parked

  • Euphemistic on 02/03/2019 - 13:01
    +2

    You are parked on the green paint. It is part of a cycle lane, not a parking area. It is clearly not the same as the bit behind, and a decent sign you should be looking for actual signs.

  • [Deactivated] on 03/03/2019 - 00:07

    Many bikeways have set hours and not 24 hrs, you would be asked why you didn't check the signs

  • pegaxs on 03/03/2019 - 23:04
    +1

    Wow. A tough one. I do like me some traffic law to ponder over…

    The problem I see is a few things rolled into one. The "bike lane/storage" area (marked in green) and the distance you have parked away from the intersection.

    170 Stopping in or near an intersection
    (2) A driver must not stop on a road within 20 metres from the nearest point of an intersecting road at an intersection with traffic lights, unless the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under these Rules.

    In this rule above, you may not be able to park there anyway related to nothing more than the distance you are from the intersection.

    187 Stopping in a bicycle lane, (+other lanes)
    (2) A driver must not stop in a bicycle lane unless:
    (a) the driver:
    (i) is driving a public bus, public minibus or taxi, and is dropping off or picking up, passengers, and
    (ii) is permitted to drive in the lane under these Rules or another law of this jurisdiction, or
    (b) the driver is permitted to stop or park in the bicycle lane under another law of this jurisdiction.

    It appears to be a bike lane/storage area (use the legislation dictionary for definitions) and I dont think OP was any of the above exemptions (apart from the dropping off picking up passengers perhaps??)

    Please note, I'm not saying OP is guilty. What council have done is bullshit and I would 100% contest this fine. I'm just offering other legislation alternatives that may have been the cause of the ticket outside the sign being turned around.

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