Fine Review Based on 10 Year Good Driving Record Was Rejected

So, I stopped at a bus zone in a school zone. I didn't get off the car and only spent max 30 seconds stopping there so that my son could get out and off he went. I saw a police car coming from the opposite direction. I didn't think that I would get a fine because the police didn't stop me or anything. A week later, I got a letter from the Ofice of State Revenue. A fine of $349 and 2 demerit points for stopping at a bus zone (school zone).

I accepted that I made a mistake but I thought I could get away with one mistake because of my clean driving record for more than 15 years. So I called them to ask for a leniency. I was told that any school zone offences are serious offences and therefore cannot be appealed through them and the only way to do it is to go to court. I was in a disbelief that stopping in a bus zone would become a serious offence when it is in a school zone.

Do you think it's fair? Should I go to court to appeal? I know it's only $349 and 2 demerit points and going to court is probably not worth the time and effort, but I think it's unfair given my driving record that I can't even appeal for this.

Poll Options

  • 585
    It is what it is. Just pay the fine and move on.
  • 49
    It's not fair. Just pay the fine because there is no way you are going to win in court.
  • 33
    It's not fair. Try go to court. There is a good chance that you get a leniency.
  • 60
    I don't care.

Comments

    • +1

      Well there clearly was at least one kid. :)

      If you've ever worked at a school you will know that police enforcing this stuff is crucial. Parents at school drop off time can be animals (often because, understandably, they are in a rush to get to somewhere else, like work), and very unreasonable (as clearly shown by the OP here). They do illegal stuff, and if they are told to stop doing it by staff they get abused etc etc. Now - imagine we give them a bit more wiggle room. "It isn't illegal yet, I've only been here 45 seconds" etc etc. You think they'll become better drivers in that scenario? No, no they won't.

  • +1

    Should have written a letter and not called. Also a car isn't a bus.

  • Work and Development Order

  • Rule #1

    Never admit guilt

  • +4

    The 10 year rule is about leniency for honest mistakes. Not a get out of Jail free card for intentional acts.

  • +1

    Come on dude, driving is an optional, social contract. If you don't like the road rules all you have to do is shred your licence and stay off the roads.

  • -2

    Don't listen to these people who say just pay it and move on.

    From my own experience with a clean driving record I know for a fact if you go to court you will technically not win but have it dismissed.

    You will have to plead guilty and acknowledge your mistake and accept what you did was wrong.

    You will be found guilty of the offence and receive a section 51 dismissal with no demerit points lost and no fine applied and no court costs.

    The only thing that might go against you is the offence happened in a school zone.

    FYI I have appealed 3 traffic offences and 2 parking offences during my lifetime and i have won or had them dismissed every time.

    • +4

      The only thing that might go against you is the offence happened in a school zone.

      Umm, that is literally the point of this entire thread.

      • 👍

        This is like when after a long discussion, someone in the meeting retells everything like if it was first hand news and like if nobody knew 😆

    • um its section 10 of the crimes (sentencing procedure ) act
      I have had cases dismissed too, some years back

      • Oh, Pam, you naughty girl. Please do an AMA on that!

        • huh?

        • traffic cases I mean

          • @screensaver: Sections 10’s are usually for criminal convictions and not minor traffic infringements… very few traffic infringements are criminal, so, you either had too much of a tipple one evening, you were caught speeding well over 40km/h or you severely hurt someone with your vehicle…

            Now I’m even more curious at what you were seeking a S10 for over a traffic related criminal offence…

            • @pegaxs: you obviously didnt read the full advice given by the law firm, you are wrong, its for trivial fines too, how else are they going to get it dismissed? I cant tell you the offences because it would take too long to give the explanation that was proved to the court but heres one: Driving on an expired licence. The cop in the court looked at me as if I was guilty as sin. I said Can I speak? They said Yes. I explained my mail was sent to a PO Box but the post office for some reason didnt collecct my mail and I didnt know my license was expired by 2 weeks. I had been relying on a reminder notice. Anyway, I won

            • @pegaxs: I had a s10 for fog lights.

              • @askme69: Oh, I believe people, but it's just at odds with my experience.

                My one time in court for a minor traffic offence (parking on a median strip, which is now, ironically, a "parking lot") I did my own reading online and thought an S10 would have been suitable to my situation. The magistrate verbally tore me a new and larger butt hole and said that Section 10's were only for more serious "criminal" offences (offences covered in the criminal act) and not for minor infringement offences (contained in Road Rules legislation).

                It's good to know that it is for minor offences as well, and will do some more research on the s10 and what it is applicable to.

  • I think the rules for around schools have to be strict. Parents wrap their kids in protective bubble. This makes more unaware of the environment they live in like traffic. Plus drivers who don’t care.

  • -1

    Dont bother asking about it here. OZB guys seem to love paying fines & begging big daddy government to punish them harder.

    • +2

      The whole premise is that fines are considered ‘voluntary tax’. No one really WANTS to pay a fine, but I think the general feeling is ‘do the crime, do the time’.

      Most of the fines issued are due to poor decision making. no one here has much time to suggest you should try and get out of something that is a result of por decisions on your part.

    • +3

      OP admits to being guilty. Admits to breaking the law for months with little/no regard for it. Plays down the safety aspect of it. Shows little to no remorse for it. Shows no want to change their behaviour in the future because they don't perceive it as a problem.

      So, tell me again how we should all just sit here and tell OP how hard done by they are, that it's not fair and it's all just "ReVeNuE rAiSiNg"

      No one here "likes" paying fines, but we derive pleasure from seeing others, who are blatantly breaking the law, get slammed with a fine. Most of us call it "Karma", but for me, it's more like "schadenfreude".

      • Q.E.D.

    • Yes, please do show those that need the enlightenment the way to the dark web OzRortTheSystem. Plenty of sympathisers and ways to game?

      • I did a year paralegal course at TAFE. Waste of time if I dont share what I learnt. That Law Firm is giving that advice for free. I respect that , Legal advice is hardly gaming the system.Its part of the system.

        • /thread

      • Oh and not all of us are part of the nasty troll patrol

  • +1

    Reality is that there is false marketing that you can apply for leniency. I would love to see the stats on how many they let go.

    I would like to hear a story where they said they applied for leniency and revenue office granted it. I literally have never heard that story.
    I am assuming that they can't due to legal consideration as then it creates precedence. That's my theory.

    • Heaps get let go.

      30% of the appeals i see, are let off and also ones that elect court without a review are giving a once over and let off if possible.

      For instance, when the rego labels stopped being displayed, we had a rush of penalties, majority let off.

      Pensioner concession rego and online auto renewal, hundreds upon hundres let off ie: $1800 penalties waived, never heard about that did you?

      I could go on and on.

      Simple though, don't do the wrong thing.

      • Good to know. To be honest, i haven't heard about it.
        Then it seems they must have zero tolerence on fines like speeding, parking and mobile phones.

        • Speeding has always been 10 year CDR for 20 and below, used to be 30. Same for red light, now deemed serious.

          Mobile phones are now serious as are all school zone offences.

          Plenty of parking, speeding etc, etc are still cautioned based on CDR/ circumstances. You then also have ones with technicalities.

  • +3

    It wasn't a "mistake" - it was a deliberate act on your part.

    You just expected to get away with it.

  • -2

    I agree with you. Revenue raising has gone too far, seriously. In times like these the last thing people need is to be hit hard financially because of a non-impactful 30 seconds stopping a car. A warning would have been perfect. I don't think you will have much luck in Court though.

    • A warning would have been perfect.

      Already had several warnings. The warning when you learnt the road rules to get your licence, the warning from the sign on the side of the road that says ‘BUS’. The warning when hardly anyone else parks there. Probably several warnings from others with a similar examples. Probably warnings in school newsletters about following the rules or getting a fine.

      We have fines because the ‘warning’ system doesn’t work.

    • It's not an impactless offence. hence the demerits, penalty amount and. No caution. The ramifications could be a tradgedy.

  • These are the sorts of things you’ll have to put up with in Sydney I’m afraid.

  • +3

    I am a bus driver. If someone parks in a bus zone I will make a complaint and provide video footage to back it up. Buses are long vehicles and need the space they are allocated in order to safely pull up at the kerb without impeding following traffic or creating a road hazard. By stopping in our zone you can be creating problems you were not aware of. Just don't do it.

    • -1

      Mate, bus drivers can't even park properly in bus zones when there no cars, sticking out causing traffic jams and chaos.

  • +3

    You and your wife took turns to wilfully break the law several times and then you got caught one day. It is 100% fair that this happens after you've been doing it for 3 months by your own admission.

    We all know for sure that you've been illegally stopping in a bus zone for at least 3 months, so the "10 years good driving record" in your case isn't true at all. It's more like you've not been caught committing several traffic offences over the years, but now that they have got you, you'd like to pull out the good driving record card. Give us a break.

    This is a long overdue, and well deserved fine, and the cops have done an ace job here.

    • Really? It feels good to accuse other people isn't it, I've never said my wife has stopped in a bus zone and she hasn't. I bet you don't have a good driving record and is just jealous. Give me a break.

      • +1

        There's nothing for me to accuse you with. You've basically admitted to your wrongdoings. You come here and ask for public opinions and when you're not given the kind of opinions you wanted, you start whinging.

        That's great if your wife doesn't stop in a bus zone around a school, but that's what I inferred from that you said in another post.

        My driving record is fantastic, so you lost a pointless bet there. Pay the fine and take a break indeed, or better yet go to a court and pay many times the fine at the end. That will help the economy just that much.

      • Apologies for stating that your wife did the same thing as you. I just read that post again and it's clear she was just dropping you child at a different spot.

        But everything else I've said stands and in happy that you've been fined because even though you don't seem to repent what you did, you will hopefully obey the road roles in fear of fines or demerit points.

  • -1

    Anything to do with school zone during school hours is a "serious offence". I never stop or park near school zone, definitely get caught for just breathing in the car. I rather park one street away from the gate and walk to the school. When you know they are there just for money and to fill their quotas, just stay away.

    Don't forget we are in pandemic and they need money. No mobile phone, don't drink water in the car and ask your passengers to keep mobiles in their pockets, 'cos if they watch videos then they will fine you. Complete stop at intersections and count 3 seconds, 'cos if you stop for 1 second less, they will fine you. They actually hide in the corner to film. They love to hide somewhere at exactly 3-3:15pm near school areas. I picked two kids in two schools and they did the same thing at least 3 days in a week. State government needs that money for politicians to spend.

    • +1

      Yes, all for the money. They should go away and let people drive however they want near your kids. How dare they violate your freedom and rightzzz.

  • And just for the record: if you are stopped against the kerb, waiting in a queue to get to the school drop off zone you cannot let kids out if it’s a no stopping zone.

    • Ah good to know thanks.

  • NSW has zero tolerance for school zone offences. You can argue and rant that it's not fare until you go blue as a smurf. I'm pretty sure other states are the same. They won't enter into it. If you take it to court, you'll just end up with a much larger fine. This entire thread is a waste of time. Pay the fine. Don't do it again.

    https://www.revenue.nsw.gov.au/help-centre/resources-library…

    https://www.rms.nsw.gov.au/documents/roads/safety-rules/deme…

  • Post title should be "OI lawyers I demand free legal advice and I want it now"

    • -1

      I am considering that. What is the number to call?

      • just pay the fine, you did the crime you do the time

    • hey mod delete my first comment

      • No please don't. It's a really good advice. Imma google them and give them a call later.

      • Don't worry ;) - there appears to plenty of users (some indicating s/he works in the profession) on this post making suggestive comments. OP can PM them for their "services".

  • +1

    I was told that any school zone offences are serious offences and therefore cannot be appealed

    pay fine and move on?

  • +1

    Don't call. Of course the person on the other end of the phone won't want to do anything to assist, to them you're just calling to whine. Write a formal letter which will require a formal response. Might be the same outcome but then you have something tangible in writing about their decision.

  • +1

    Your voting sounds as rigged as your heading.

  • +2

    I got caught stopping at a bus zone and accepted it. I knew what I did and I didn't kick up a fuss. It's against the law (although mine wasn't in a school zone and was a several years ago). Own up to your mistake and move on. It's a big fine, but not much else you can do when it's clear as day you are in the wrong.

    Asking on OzBargain is a bit of a suicide mission in these cases…

  • +1

    In Sydney, I had crossed a traffic line because got snapped but stopped and got flashed. This was during the crazy storm day back in feb, I had asked for leniency but was rejected because it was a red light. So I decided to appeal it in court, had to wait till October till I could go due to Covid. After I had gone, I had it dismissed due to my driving record or it could of been everyone else's that was before me at the magistrate was just really bad. I was just happy that I didn't have to pay a fine and added any points.

    P.S the line's visibility was terrible during the storm as well as it being very damaged.

  • I don't think you can appeal on the phone. You could probably look at writing a letter, but there are circumstances where they won't review offences (i.e. driving through a red light).

  • Your have put forward some excellent arguments to backup your case.

    Go to court, the judge will definitely let you off

  • +1

    I think this thread desperately needs a MS paint diagram, to go along with my popcorn.

  • Everyone is happy to pile on the person who admitted they did something and then got fined for it… until they themselves get fined an outrageous amount of money for some minor traffic offence

  • -1

    OP, this site will be of interest

    https://www.knowyourrightsgroup.com.au/fines/

    • +1

      Oh dear god. Another site along the lines of sovereign citizen crap. ‘FiNeZ iS IlLeGAl!’ ‘It’S nOT iN thU CoNstiTUShUn!’

      If there was any merit in any of this decent lawyers would have one one side completely prevented fines forever more or from the thee side closed the loopholes in the laws.

      Look closely, they’ll want to extract some of your money to get you off the fine/s but with no guarantees.

      • What are you basing your opinion on?

        Have you actually tried it?

        • +1

          Lawyers far better than me have either:
          1. Tried this on and failed, or
          2. Closed these loopholes long ago.

  • Just treat it as a form of revenue raising, someone has to pay for all those on Centrelink duh.

  • -4

    Outside my daughters school everyone parks in a No Parking area for 20min+ to pick up their kids, because there is nowhere else to stop on a two lane road.

    Sometimes a couple of maggots from the council would wander around looking to make some revenue for their masters.

    I got fined for waiting there but got out of the car to call my daughter over. Guess by their logic, it is unsafe for a car to be parked, but its ok for them to jaywalk and taking photos of peoples cars, trying to make people move their car in an already crowded street filled with cars and children.

    Who cares about the rules, if it is unreasonable then fight it in court.

    • Park a block from school and walk to pick up your kids like what other parents do.

    • Sometimes a couple of maggots from the council would wander around looking to make some revenue for their masters.

      If you despise them so much you should stick it to them and not give them any revenue.

      Park legally you clown.

Login or Join to leave a comment