Family Member Got a $2300 Fine + Loss of Licence at Glaston Gorge

[Deactivated] on 28/04/2019 - 16:46
Last edited 28/04/2019 - 19:29 by 1 other user

G’day OzBargainers.

About a month ago, the 20th of March, my mother was driving the family caravan from our grandparents in Wahroonga to our house in Dural and was seemingly unaware of the new camera at Montview Parade in Hornsby Heights which detects trucks longer than 7.5 meters. The motorhome is a 2014 Talvor Mercedes Sprinter Euro Deluxe which is 7.7m according to manufacturer specs. While she did not get stuck, she copped a $2270 fine and 6 demerit points which hits hard. She’s disappointed because she was convinced the van would make it and this was the first time she took the route as there was a road closure between Old Northern and New Line road.

Is there any way to get the fine reviewed on the grounds of a road closure which would have meant that the only alternate route would have been M1 to Wisemans to rural ferry which is a massive hassle.

Thanks for any feedback.

P.S. I am doubtful that the fine will be revoked but I’m wanting to know if there is a chance.

Edit: Thanks everyone for your advice. We are currently in the process of writing a letter of request for consideration of the matter. The points to be discussed will definitely include the light vehicle status of the campervan and the calibration of the radar gun used to measure the length of the vehicle. Hopefully this ordeal can be sorted as it is definitely worth the try.

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  bob the builder on 29/04/2019 - 21:52

  +6

  I hate morons who go down the gorge and can't drive. And also you lied about the vehicle getting stuck, if the vehicle is 7.7 meters you would have to be occupying two lanes to take any turn and it would have had traffic backed up on both sides of the road. Take the fine and stick it to your mums forehead. Don't drive down there again.

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  Charybdia on 29/04/2019 - 23:00

  +2

  She could have waited comfortably through the congestion and road closures and maybe fried up some sausages for the other motorists. She was in a motorhome after all.

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  vetopower on 30/04/2019 - 07:34

  +8

  Sounds like your mum cannot read if there were multiple signs indicating that vehicles over 7.5m are prohibited from using the road.

  It is extremely unsafe for drivers who cannot read (either due to poor eye sight or because they choose to ignore road signs) to be on the road.

  I fully support the loss of your mum's driving licence.

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  max900 on 30/04/2019 - 11:02

  +3

  I thought the fine was excessive until I read up why. The fine absolutely justified. Plenty of warning signs and turn off point. Must be very ignorant person to keep going after all these sign. Maybe appeal if have good records, don't bother contesting it in court, very sure you will cop the maximum fine by the judge.

  Your "alternate route will cause more hassle" has no ground for argument here, you risk 2 hours of traffic hold up and waste tax payer money to get you unstuck so you have less hassle. Full of ego.

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    whooah1979 on 30/04/2019 - 20:42

    don't bother contesting it in court

    Going to court may be better in many cases.

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      Typical16-bitEnjoyer on 01/05/2019 - 10:55

      But not this case. OP's mum will just get slapped with a costs order on top.

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        whooah1979 on 02/05/2019 - 15:47

        -1

        The driver may get a magistrate with common sense.
        https://www.ozbargain.com.au/node/212288#comment-7225039

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          Typical16-bitEnjoyer on 02/05/2019 - 17:01

          +1

          @whooah1979: 1-2cm over a line parking infringement with no danger to other motorists.

          A liiiiitle bit different than driving an oversized vehicle into a Gorge, with a dozen safety warnings and flashing lights telling you not to, which is a danger to vehicles travelling in the opposite direction and incurs a large public cost, and public inconvenience of 1-2 hours, to recover a stuck vehicle.

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            whooah1979 on 02/05/2019 - 17:14

            @Typical16-bitEnjoyer: It's up to the magistrate to decide if ~200mm is a hazard to other motorists.

            It would be helpful if the driver comes back with an update.

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              Typical16-bitEnjoyer on 02/05/2019 - 22:40

              @whooah1979: I'm not going to waste my time with you any further.

              A parking infringement is completely different to a speeding/red light/driving a bloody oversized vehicle down a gorge infringement. Magistrates are extremely smart. They will highly consider the non-mitigating factors and the danger aspect.

              If you think they're anyway related you're kidding yourself.

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  mubd1234 on 30/04/2019 - 11:12

  +4

  I reckon if she were to go to court with a good driving record, the fine would be considerably reduced. I've been to the Sydney Downing Centre court for a traffic case and it's amazing how much leeway they gave people, even with shit driving records.

  One bloke was snapped in the M5 East tunnel doing 80 in a 30km/h roadworks zone (i.e. 45+ over, instant loss of licence) and got let off with a 1 day suspension and a quashed fine. He had a good driving record.

  Some girl on her Ps (who of course showed up in her work uniform) was caught doing 95 in a 70 zone on General Holmes Drive. She started sobbing and the magistrate cut the suspension to 3 months instead of 6 months (her driving record was littered with all sorts of bad stuff).

  Another lady was caught running a red, doing 25km/h over the limit in the rain. She said that it was raining, so stopping was too dangerous (the video footage showed another car in front of her stopping just fine). She had her suspension cut to 2 weeks.

  I'd turned up to contest a 3 month suspension when I was caught doing 105km/h on my P plates on the Federal Highway (which is a 110 zone…I STILL think it's a bullshit idea to restrict learners and provisional drivers to 90/100km/h). I ended up having to pay the fine, but had my suspension cut to 1 month.

  The magistrate won't apply the maximum allowable penalty unless you come across as an unapologetic bastard trying to justify the unjustifiable.

  The courts are generally not in the business of destroying peoples' lives for the sake of 20 centimetres…especially if they have a good chance of rehabilitation.

  What you need to do is plead guilty, but have an apologetic tone and give an honest reason behind why the dimensions of your vehicle didn't click in your head when you passed the signs. That's how you get the penalty reduced. You do NOT go in guns blazing telling the magistrate that the penalty is unjustified and "it's only 20cm what's the harm???".

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    Typical16-bitEnjoyer on 01/05/2019 - 11:06

    +1

    That's amazing. You somehow did not see a single matter heard in which the driver gets slapped with a costs order for wasting the Court and witness', usually the cop who issued the infringement or PS of the relevant department, time.

    The bloke with the quashed fine must have had amazing mitigating factors to get off the fine. I note none of the others did (including yourself).

    What you failed to mention, which I'm sure you witnessed, is those people probably gave employment reasons for requiring their licence and entered into good behaviour bonds with specific conditions and risks.

    The courts are generally not in the business of destroying peoples' lives for the sake of 20 centimetres…especially if they have a good chance of rehabilitation.

    No, the Courts enforce the rules and regs of the applicable laws. These Courts don't make the traffic laws. They enforce them.

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  whooah1979 on 16/05/2019 - 17:49

  +1

  OP, do you've an update?

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  ColinS on 17/04/2020 - 09:09

  A bit after the event, but as per whooah's comment, does the OP have an update?

  When it comes to the fine all that matters is the relevant law, rather than whether it was prudent to take the van down the gorge or how it might negotiate the corners.

  Your rego papers will define the GVM of the vehicle and, if less than 4.5 Tonnes, you were not breaking the law.

  If its 4.5 tonnes or over the fine would be valid and they may also try and fine you for not having the correct driving licence class.

  Wonder how it all went?

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  [Deactivated] on 17/04/2020 - 21:42

  Fine was paid. I don't think one could say lesson learnt because you've gotta be pretty silly to ignore the multiple signs

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  kevinwb74 on 30/12/2020 - 16:23

  Looks like all the signs have now been changed to only Heavy Duty vehicles as opposed to earlier signs that said all vehicles. I would be appealing that fine if campervan is less than 4.5tonnes in weight.

  Overlength vehicle enforcement

  Roads and Maritime have installed a camera based detection system to discourage overlength vehicles
  entering the Gorge. Only heavy vehicles will be targeted. Light vehicle combinations such as floats and
  trailers will not be targeted as they have not been identified as the type of vehicles that usually block the
  road at the Gorge.

  Heavy vehicles and buses that are 7.5 metres or longer are subject to enforcement. Light vehicle
  combinations that include cars with trailers, boats or horse floats that are over 7.5 metres are permissible
  but based on recent surveys, combinations over 11 metres are unlikely to be able to navigate the tight
  bends in the Gorge.

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    Blokeinhisundies on 31/12/2020 - 04:29

    It was in April 2019, the window to appeal is well and truly closed. OP also replied in April 2020 that the fine was paid.

    Nice thread necro though.

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