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Speeding Fine- Wasn't Driving At The Time

big col

By big col,
in Western Australia

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big col Collaborator

big col

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I just got a speeding fine in the post that occured back on april 1st (god they are slow). Anyway, I know I wasn't driving the vehicle at the time because I was at the GO3 expo that day. The photographic evidence provided shows my car (only one on the road), along with the licence plate... but the picture showing the driver just has a pitch black window so I can't see who the driver was. I've asked my family if any of them drove it that day but because it happened so long ago nobody can remember.

So I went to fill out the statutory declaration saying that I am not able to identify the driver but saw that it says "I am unable to identify who the driver or person in charge was at the time of this alleged offence due to...". Im not sure what they mean by the person in charge? Do they mean the person in charge of driving the vehicle at the time, the person in charge of knowing who is driving their vehicle, is it assumed I am the person in charge simply because I own the vehicle?

I found this publication (http://www.dpi.wa.gov.au/mediaFiles/lic_RTA_changes.pdf) which "explains" the new law that the owner of a licenced vehicle is responsible for identifying who is in charge of their vehicle at any given time. I can't make much sense of it though because it is so vague...

The person whose name appears on the vehicle licence is the ‘Responsible Person’ for that vehicle. As the Responsible Person, the law now says you must take “reasonable measures” to ensure that you are able to identify who was driving your vehicle at all times.

First, you will receive the demerit points for someone else’s bad driving.

Second, you will have to pay the fine as you will be presumed to have been the driver.

Third, if the Police ask you to identify the driver and you cannot; and if you cannot show that you took “reasonable measures” or made “reasonable arrangements” to ensure you knew who was in charge of your car, you also could be fined. For individuals, the penalty is $1,200 for a first offence and up to $2,400 for subsequent offences.

To me it sounds like if you are unable to identify the driver (which I can't), and can't prove you took "reasonable measures", it is tough shit and you have to pay the fine and take the points simply because you own the car. What is deemed to be reasonable measures? I had my car parked at my house, with my keys in my bedroom. I was out at the time of the offence and the quality of the photographic evidence is so poor that I cannot even identify if a human is driving a car, let alone who. Is that classed as reasonable measures?

Stupid law, can anybody shed some light on the subject?

7yphon Experienced

7yphon

Posted
Posted

Go in and see the Photo because they do say whats on the paper os no means the same as what they have and its true what they print out is crap compaired to the one they have. And by the sounds of it then yes its tuff shit if you cannot prove it wasnt you.

big col Collaborator

big col

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Well that sucks. What a stupid law, let's punish the owner since we can't punish the driver? Anybody know if the cheque trick works so I can at least not lose any demerit points. For those who don't know what I am talking about, apparently if you pay the fine via a cheque but pay an extra $2+ more than the amount stated on the fine, they send you a cheque back for the extra $2. Then if you don't cash that cheque they can't take any demerit points off.

R DIRTY 3 Grand Master

R DIRTY 3

Posted
Posted
Well that sucks. What a stupid law, let's punish the owner since we can't punish the driver? Anybody know if the cheque trick works so I can at least not lose any demerit points. For those who don't know what I am talking about, apparently if you pay the fine via a cheque but pay an extra $2+ more than the amount stated on the fine, they send you a cheque back for the extra $2. Then if you don't cash that cheque they can't take any demerit points off.

Nope, its just like donating $2 now days. They woke up to that pretty quick and ended it a couple of years back. Trust me, i still tried it lol

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