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

  • +34

    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.

    How is it unfair? By your own admission, you did this.

    What do you hope to achieve when you go to court? If you're going to plead guilty, you'll just be handed the original fine and off you go, if you're planning to plead not guilty, you won't have any chance given that police cars likely have cameras.

      • +55

        The rule is not “you get the first offence free” or else everyone would be doing stupid illegal stuff all the time until they get caught.

        It was against the law. You did it.

          • +20

            @goms: jjjaar said, you broke the law.

            bus zone, no stopping, any signage where you are not meant to stop to drop anyone off are the rules. I don't think it matters whether it is serious or not, as a law is black and white. Just because it may not appear serious, doesn't make it OK. It's just the law - IANAL. We all screw up sometimes, whether intentional or just ignorant - happens to the best of us.

            Others may have gotten away with it (e.g. 10yrs did not get caught doing anything), perhaps those people were lucky IMO.

            If we justify our actions by thinking, someone else was able to go away with it before (despite being unlawful and was waived), we'll have a pretty screwed up sociality.

          • +37

            @goms: Children attend schools. Children use buses. Children are vulnerable on our roads as they do not have the level of awareness that adults do. Therefore, anything in a school zone has a higher risk of being dangerous.

            This is also why school zones usually reduce to 40km/hr. If someone had driven 20km/hr over in a school zone, they would not be able to ask for leniency, because it is a serious offence.

            I also agree that 20km over the limit anywhere should be a serious offence too. Let’s start a campaign to ensure that this is recognised in the future, and to ensure that dangerous behaviours are treated properly. (And I am being 100% serious. I work in road safety.)

              • +18

                @goms: So because pedestrians do stupid stuff you shouldn’t be fined for stopping in a school area contrary to signs?

                Yes, road safety is everyone’s responsibility, but the most serious injuries to others are caused by drivers that’s why we focus on them. Pedestrians mostly self regulate their risk because the consequences of screwing up are lethal. The risk to self in a car is a lot less, which is why the human brain thinks it’s ok to get away with stuff behind the wheel.

                • +5

                  @Euphemistic: Hit the nail on the head with that.

                • +2

                  @Euphemistic: I think the imposition to drivers always needs to evidence based and also balanced against congestion etc. Previously side/back streets were 60km/h. They were dropped universally to 50km/h. Why not just ones with a record of traffic incidents involving humans? If an incident never occurred on a particular street then why was its speed limit reduced? Many main roads where people or children walk around schools or shops are 40km/h zones. This is fine by me if there are people around however then off these streets you can turn to avoid a 40km/h zone into a side street that has a 50km/h speed limit to avoid congestion on the 40km/h restricted street, drive at 50km/h and get back onto the original street after the 40km/h zone finishes and the speed limit goes back up to say 60km/h. These restrictions, due to congestion, simply push more vehicles onto side streets. By simple logic, more vehicles are now on side streets around congested 40km/h zones making those side streets more dangerous than before the 40km/h zones were introduced. There is also the impact on businesses. I avoid going to shops in a slow speed zone because the congestion makes it annoying to go there. For this reason I avoid Melbourne CBD and fringe areas whereas before the reduced speed limits I would go there because there was less congestion. Now I prefer to drive to shopping centres with separate parking off main roads because there’s less congestion to drive there than in 20km/h and 40km/h zones. It seems that the default decision is simply to reduce speeds all the time. Isn’t there a better way - foot bridges, road side fences, under passes for pedestarians etc. Yes these cost more but over the long run these solutions might keep traffic flowing better, reduce congestion, reduce pollution, etc.

                  • +1

                    @snooksy: Regulations eternally creep due to the nature of our political system. Politicians aim to be re-elected and to be seen to be doing a good job. Those come ahead of doing the best for society overall.

                    It's much easier and superficially virtuous, and less politically gutsy to appease an emotionally charged minority than to defend the interests of a much more apathetic majority. The unfortunate fact of reality is that life isn't fair. Freak incidents occur but their quantified risk can be justified by the utility of their originating factors. Otherwise, as it pertains to this issue, we ought to prohibit vehicles altogether.

                    Sydney's lockout laws are a clear example where the interests of the majority have been hampered. Politicians sought to appease the minority after a tragic incident, but in doing so crippled several industries. And there were arguably better ways to address the issue of antisocial behaviour.

                  • @goms: If you elect to have the matter heard before a court, plead guilty but are able to provide extenuating circumstances and argue that your offence was on the lower end of the seriousness scale, the magistrate may reduce the penalty or deal with the matter under Section 10 so that no conviction is recorded. This also depends on your interpersonal skills, the personality of the magistrate, and their previous cases and mood on the day.

                  • @goms: Your whataboutism does not diminish what you did wrong, which is looks to be why you mentioned it in the first place. Otherwise why would you even bring it up to your situation, itwill not bring empathy to your plight because it doesn't deserve it in the first place. If you were looking for an echochamber you have come to the wrong place.

                    Ask yourself why the rule is there in the first place. If you don't know then you probably don't care and your "good driving record" is only good because you haven't been caught enough times.

                • @Euphemistic: I didn't say because pedestrians do stupid stuff, I shouldn't be fined for stopping in a school area not obeying signs.

                  I was referring to road safety. There are just too many pedestrians oblivious to their surroundings. Many are so focused on their phones, talking to mates, or listening to headphones with their head looking down.

                  No matter how severe you make the penalties are for "negligent driving", human errors are bound to happen. We've heard enough stories kids get killed by parents reversing their car. You can call them whatever you want: negligent, bad parents, stupid drivers. Do you think that mistakes can't happen to adult and cost lives when it can be prevented if pedestrians are more aware of their surroundings?

                  If a pedestrian rely on the drivers to stop for you while you are crossing the road without even looking at a car coming your way and that driver didn't see you, it will cost both of their lives. One may go to jail, the other one may be killed or severely injured. You can control your action, but you can't control other people's action. It can be as simple as look up before you cross, make sure that the driver see that you are going to cross and slowing down. If they don't slow down, you can give them the middle finger, curse them or whatever but then you can thank yourself for saving your own life.

                  • @goms: I think you’ve missed the point. Drivers are accountable and need to be more aware because the consequences of their distraction or inaction are lethal.

                    Look at the language used in the media. It is often phrased in a way to absolve the driver of responsibility. They use excuses to reduce the drivers liability. ‘It was an accident’, ‘the car lost control’ etc. For far too long driving related deaths have been underplayed and drivers have not been held properly accountable for performing dangerous acts. That accountability starts with recognising that breaking the rules in a school zone IS NOT SAFE.

                    We have been brainwashed into thinking that the roads are a priority area for cars to travel at the posted limit and that ‘right or way’ is thing when we should be properly trained to drive defensively and that ultimate safety comes from drivers actions and inactions.

                    We've heard enough stories kids get killed by parents reversing their car.

                    The perfect example of the driver being solely responsible and not supporting your case at all.

                    • @Euphemistic: @Euphemistic

                      I found a good article for you https://roadsafety.transport.nsw.gov.au/stayingsafe/pedestri…

                      Before you cross the road:
                      Look before you cross. Just because someone else decides to cross, doesn’t mean it’s safe for you
                      Unplug your earphones and put away your phone
                      Never assume that an approaching vehicle can see you, or will stop for you – wait until all vehicles have stopped before you step off the kerb
                      Avoid crossing between parked cars or at the front or back of buses and large vehicles
                      At intersections, check for turning vehicles before you leave the kerb, and while you are crossing the road
                      Wear bright, light coloured clothing at night or in reduced visibility conditions.

                      • +1

                        @goms: I’m not stupid. I recognise that drivers and their 2tonne metal cages are a danger to me as a pedestrian. I’m not saying that pedestrians don’t have some responsibility, but that drivers are the ones in control of the deadly weapon.

                        Never assume that an approaching vehicle can see you, or will stop for you

                        Victim blaming and recognising that drivers aren’t doing a good enough job.

                        I don’t think you are making the point you think you are.

          • @goms: Because it is in a school zone, there are almost universally poorly designed for the amount of car drop offs that occur and people are constantly doing stupid shit.
            They treat it as serious because your stupid but safe behaviour could easily cause someone else to do something stupid but dangerous.

        • +9

          Yeah my freebie was killing a family of 5 by crashing through their lounge room drunk while they were having dinner. Lucky I had a clean driving record before that or I would have been in a real pickle.

          • @lunchbox99: I don't know why stopping in a bus zone is viewed the same as drunk driving… geez…

            • +17

              @goms: Well I didn't think it was necessary to spell out, but apparently it is because you have apparently learned nothing from this experience.

              Stopping in a bus zone at a school is dangerous. It can impede traffic. It can impede a bus trying to park. It can make the whole school area more unsafe for children crossing the street due to cars paying less attention to them and more attention to you.

              Sure in this case maybe none of that happened, but police enforce these rules as a deterrent from people being tempted to take illegal shortcuts for convenience. If it wasn't policed, everyone would start doing it. If it wasn't policed, a bus will eventually try to park while you or someone else is sitting there and be obstructed and partially block all traffic. If it's not policed, a car will try to go around the half parked bus and run over a child.

              A line has to be drawn somewhere. If you don't want to be fined, don't drive like a jackass.

              • +3

                @lunchbox99: From the comments OP has made since his post.

                His core argument is, at the time he was fined it was safe in his eyes and can't possibility in that specific scenario cause any "harm". Therefore he believes the "10yr haven't been caught" rule can be leveraged.

                Again, the rules and laws, are set, not to be bent because "I reckon it was OK at the time, and see nothing bad happened".

            • +2

              @goms:

              don't know why stopping in a bus zone is viewed the same as drunk driving… geez…

              I haven't seen one sensible argument in here yet as to why you should be "let off". I agree, it doesn't seem like the worst offence to make in a school zone, but it doesn't mean you should simply get a free pass. Everyone knows you shouldn't stop in a bus zone, or anywhere that marks you should not be stopping. Your original post indicates you know this too, own your actions.

              I also don't agree that it's viewed the same as drunk driving. Guarantee if you were drink driving and speeding through a school zone you wouldn't be on here complaining about a $300 odd fine and 2 demerit points. You'd be talking about how you're banned from driving for 6-12 months.

      • +4

        …people can get away with 1 minor traffic offence if they have more than 10 years of good driving record.

        School Zone offences are not classified as "minor". (Also, they go by their classification, not yours!)

        • Sure. I'm questioning the classification for this particular offence, stopping in a bus zone. How is it not minor compared to speeding over 20km/h?

          • +2

            @goms:

            …not minor compared to speeding over 20km/h?

            Who says anyone will get off a >20km/h speeding offence? The offence that most people get off is the <10km/h one.

            The cops let me off a >20km/h speeding offence recently without even a caution, but that's them using their discretion. If they had issued a ticket, the SDRO/SDO would never have let me off.

            • -1

              @bobbified: I meant speeding up to 20km/h - if you have a good clean driving record for more than 10 years, it's even on their website:

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

              • +2

                @goms: Under 20km/h is considered, but it's not an automatic waiver. I don't know anyone in NSW who's ever had an offence between 10-20km/h over get waived (That, of course, is not to say it doesn't happen).

                In VIC, where I am now, I'm pretty sure it's under 10km/h over.

                If there's every going to be an admission from the government that speeding isn't anywhere near as dangerous as they make it out to be (and that every km over counts), then this would be as close as it'll ever be!

      • +3

        It's unfair because people can get away with 1 minor traffic offence if they have more than 10 years of good driving record.

        You're not entitled to a "pardon" (if you will). Given your attitude on this thread, I wouldn't be giving you a pardon either.

        Like you say, it's no big deal. You did the wrong thing and expected to get away with it. You didn't. Pay up, don't do it again. It's like what most of is go through.

      • If you go to court you'll get away with it. But its probably not worth your time?

    • +1

      And a bit of advice… you’ll be paying for this for years. Your ctp will go up, your comprehensive insurance will go up. If you’re due for a licence renewal, in nsw you get a discount for having a clean record… Kiss that goodbye.

      Hope it was worth the time savings.

      • +1

        how good did it feel to write that mate you must be chuffed

        • +1

          I know this is a sarcastic comment, but reading both of these made me snort twice and smile slightly in delight.

          I wouldn't want to get carried away and slightly shake my head grinning, that would be laying it on a little thick

        • Quite good. Being nearly run over in a schoolzone while walking my kids to school, i have ZERO sympathy for this kind of thing.

          I was lucky that - when my wife parked illegally near a schoolzone (not in) - i got it dismissed for several technicalities. She's learned. I don't know what more needs to be done for people to stop being lazy, follow the rules. They are there to protect children.

  • +55

    How many years have you been dropping your son in that school bus zone. Divide $349 into the number of times and it’s probably pretty cheap for each time you’ve broken the law. Pay up and don’t do it again.

    • +6

      OzB way of thinking 👍

    • -8

      Only started maybe around 3 months. My wife usually does this and she uses the front gate instead of the back gate where the bus zone is.

      • 3 months, 5 days a week, works out to be approx 60 times. $349 / 60 = $5.80.

        At $5.80 / 30 seconds, for this price, it's nearly cheaper to park at an airport short term parking and walk to school.

        • -2

          I only drop him off 2 days a week and I don't drop him off at the bus zone every day I drop him off school. Only if it's super quiet so that there is plenty of space for a bus if they came, but I've never seen them.

          • @goms: Tell your son walking is good for health.

          • +1

            @goms: If it's super quiet there would have been legal place/s to drop him off, why didn't you use them? School zones are treated differently, it takes into account that children's brains haven't finished growing, they can get distracted, they make poor decisions, they drop something and instinctively go to get it off the road, their road skills are not fully developed. It also teaches your son and other children that you don't have to follow the rules if you don't want to.

            You've been told there's a blanket rule that school zone offences are always considered serious, that's why.

            Incidentally sometimes schools will let the police know if there are a lot of parents parking illegally because it puts the children at risk, the police will then go one day and fine everyone so that word will get around and they'll hopefully stop. Often they also remind parents in the newsletters about where to pick up and drop off their children if they're having issues. Parents who can't be bothered following the rules have been around since I was in school and it was in our newsletters.

    • +2

      Reminds me of that anecdote/story of a guy who would overpark his car in the city and cop the fine every couple of weeks instead of paying for parking per day in a carpark. Still came out ahead

      • i like the blonde joke about a lady getting a small loan and using her very expensive car as collateral.
        as she finalised payment and got her car back the teller asked why.
        she explained the interest on the loan was cheaper than the cost of secure parking for two weeks.

    • Thanks mate, makes me feel better about my speeding offences :P

    • +1

      this is true- everytime you get a fine- think of this way. Or if anyone tells you off..say hey the last 354 days i havent gotten told of so hey that's pretty good and move on…

  • +2

    Do the fuzz have cameras on their cars tracking this stuff?

    • +5

      The cameras are very high quality, not fuzzy at all…

  • +8

    To me it does seem harsh. Thanks for sharing, you may have well save me a future fine.

    • Yeah that's what I think. I know there isn't much I can do.

      • You wont find anything helpful here. Its just one giant lemming train. Sometimes I wonder why Aus and China are having a rift when both their citizens are exactly the same. Vindictive.

        You will have a better chance posting it in a Aussie legal sub on reddit. Yes its harsh. My friend couldn't get a restraining order against an abusive ex who was stalking. Yet the police can find time to fine you for 30 seconds. I used to like the guys in blue. Maybe not so much anymore.

        You can also find your local council representative and write a letter saying there should be some leeway. But that's a long term solution. If they cant bring 100,000 aussies home from overseas in a year……you get the point.

        Best of luck

        • +1

          My friend couldn't get a restraining order against an abusive ex who was stalking. Yet the police can find time to fine you for 30 seconds. I used to like the guys in blue.

          So the the court prepared an order and the police refuse to serve it to the ex?

  • +1

    It is what it is. Just pay the fine and move on

    Expensive lesson for either not letting your son be late or can’t be bothered queue to drop off at the designated drop off zone. Deduct his pocket money 😆

    • +1

      Nah, it's not his fault

  • -2

    Check their website for guidelines for written fine reviews. I am sure I saw something on the grounds of no fines for 10 years, but their may be exceptions. I havent read it for a long time so cant do links

  • +10

    I don’t really see this as a mistake as you were intentionally doing the wrong thing, unless you didn’t know you weren’t driving a bus which would be even more cause for concern.
    I think it’s fair, don’t illegally park and you won’t get a fine. Probably not the only time you have ignored driving/parking laws, just this time you got caught.

  • +14

    I accepted that I made a mistake

    It wasn't a 'mistake', you broke a law.

    • broke a law

      OP is trying to fix what he broke.

    • +2

      It's still a mistake jv.

    • -3

      I was reminded of the German and Polish citizens that turned in Jews to the SS. I wonder how many of them said the same thing 'We were just following the law'. I wonder how many of their friends or fellow citizens said ' Maybe these rules are too harsh'. If someone didn't turn a Jew in, would they be able to say they made a 'mistake' when in front of a Nazi judge. Would another German or Polish pat them on the back if they did the 'right' thing turning them in.

      eerga uoy fi etovnwoD

      Merry Christmas tho!

      • +1

        I was reminded of the German and Polish citizens that turned in Jews to the SS.

        That has to be the most stupid analogy I've ever seen on OzBargain…

        • -1

          There is no analogy. Only talking about laws.

          • @StarvingOat:

            Only talking about laws.

            SS 'laws' were not laws. They were all war criminals.

    • You can make mistakes that are also illegal

  • +5

    School Zones are serious offences, 10 year does not cut it as advised.

    Court will not help.

    • +4

      10 year does not cut it

      Agreed.
      It should be at least 15 years jail…

      • -1

        really?

        • +2

          haha - it's jv you gotta be bold to take him too seriously

        • +1

          really?

          Imagine if every parent parked in the bus zone and what would become of society then !!!

          • @jv: It's not just bus zones.
            2 minute drop off zones are the best worst.
            After dropping off the little darlings, the parent/caregiver sits there for 10 minutes checking FB or who knows what, while the queue of waiting cars gets bigger and bigger.
            Really wish the police would patrol drop off and pickup times more often.

      • -2

        maybe give me an explanation rather than negative votes?

        • Laws are laws, they don't need any explanation. Sometimes they are stupid (not saying that they are stupid in your case, but I don't think it's a serious offence either) but it's not police's or courts' job to change laws.

      • +17

        When in School times, it forces the BUS to either stop elsewhere or wait and create havoc with kids everywhere. Absolutely silly move and that's why no Caution for school zone offences.

        We used to be able to caution them, but like RED lights and SPEED over 20kmh etc they have been deemed serious.

        • Ok, that's a valid and reasonable reason, thanks.

          • +8

            @goms: If this is the comment that changes your mind today, I'd be fascinated by what you thought the point of bus zones near schools was yesterday.

            • @mjwills: Looking at the new comments, looks like OP rebooted.

            • -1

              @mjwills: I still don't think it's as serious as driving over 20km/h the speed limit and yet that can be waived but not for stopping in a bus zone in a school zone.

              • +10

                @goms: Given that your child goes to school there, and thus any poor driving behaviour can affect your child's safety, I'm surprised you don't take it more seriously. Rules are to made to create predictability, Which increases safety. Children are less predictable due to lack of awareness an adult has.

              • +3

                @goms: You haven't been denied leniency because you only stopped for 30 seconds and didn't get out of the car. You have been denied leniency because stopping in a bus zone for any amount of time is very dangerous. Even though nothing happened this time, you created an unsafe, unpredictable environment, because:

                • if a bus approaches, it has to park on the road and the driver may also be forced to let the kids out onto the road, not onto the footpath
                • letting kids get out onto the road is not a good lesson for them, and the situation isn't one that kids are use to, so they might not do what you expect
                • all cars in that lane are stuck behind the bus and it's effectively a one way street
                • the whole scenario is now one that kids and drivers aren't use to, so it's dangerous.

                So you can imagine that this one action can potentially create all sorts of chaos for kids. There's a good chance it won't, but all the laws around school zones exist because kids do unpredictable things. The more the environment can be controlled and is consistent, the safer it is for everyone.

                Just as an example, here's what the scenario looks like with a bus having to let kids out onto a road: https://youtu.be/Fsk8px5Md7Y?t=189

                Nobody is sure what to do, and you don't want that around a school zone.

                To put it another way, would you feel safe letting your child out a couple of metres away from the footpath?

        • What's this havoc you describe? The bus causes a traffic jam?

          The way you (and everyone else on their high horses) make it sound is that drivers will suddenly think it's a Formula 1 track as soon as they are stuck behind a bus in an area you expect to be stuck behind a bus

          • +1

            @R-Man: It’s sounds as though you’ve never had to run the gauntlet of school drop offs. It is havoc. Illegal parking, including double parking and blocking the through lane for several minutes waiting for the drop off zone, u-turns in stupid places, parking across pedestrian crossing and blocking bus access.

            I am glad my kids can walk or bus to school most of the time so I don’t need to deal with it.

  • +23

    I vote court. That way yet another person can tell OP off for doing what they did.

    And hopefully OP can pay extra for that privilege as well.

  • +30

    So, your kids are more important than everyone else’s kids, the busses and road rules. I am sure that this is not the first time you have just stopped to drop the kids off in the bus zone, it’s just the first time you have been caught.

    At my daughters school, I have personally called the police and local council to send rangers down because of entitled parents parking where they please. One morning, a woman parked her car with the arse end of it across the pedestrian crossing. When the crossing guard asked her to move it, the driver told the guard to “go (fropanity) yourself.”

    In and around schools, especially at arrival and departure times, I have little to no sympathy for people who break the road rules…

    PS: you forgot to ask “is it fair or just ReVeNuE rAiSiNg??”

      • +12

        Imagine if every other parent was like you… Might as well make the bus zone a drop-off point then.

        But then it would get congested and you'd just find another illegal spot to drop your kids off.

        As long as you keep thinking "I should be allowed to do this because I'll be quick" you'll continue to come back here complaining you weren't given leniency!

          • +12

            @goms: So…

            How does priority for the bus work when there's a queue of parents trying to drop kids off? Bus goes on the other side of the road and try to squeeze in?

            Oh wait! We should have a law that says "give way to busses"! That should work!

            My suggestion: Drop your kids off 1 street over. Most parents think their kids are disabled and totally unable to walk 1 street over so you should be able to do your drop-and-dash legally without problem.

          • +5

            @goms: Glad you are not making road rules.

  • OSR don't even let you off for putting a disabled parking permit on the wrong side of the car.
    That should tell you what you need to know about them.

  • on my way home, traveling 60kph on a 70 zone, then two flashes, it turned out theres a vehicle on my left that triggered the camera. well the camera is on my right side. how will they know it wasnt my car that triggered the camera?

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