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

    • -3

      Hey its not nice to hijack a thread. Make your own thread!

      • +22

        But he's only using your thread for a few minutes while it was quiet…

        • +9

          And the comment only took 30 seconds to write… and he stayed near his keyboard!

          • +2

            @Lord Fart Bucket: And he only waited till the post was posted, and left straight away, so the bigger posts could get in.

      • +2

        I'm sure the poster has a good posting record so please be lenient.

    • +2

      Why are you going 10kmph below the speed limit?

      • Probably slowing down for a red light/ speed camera combo.

    • They have two flashes to take two pictures to record the distance travelled and time elapsed for the vehicles. The one travelling further in the time will be going faster.

  • +4

    I'd been a Customer of Wales (now Westpac) for 45+ years.
    I was surprised they viewed Armed Robbery they way the do, first attempt and all… sure I was wearing a Mask, but I was doing that before it became trendy now everyone wears them.
    Anyway, Westpac were money laundering themselves, so in many ways I was helping them out of a jam.
    So yeah, understand your thing.

    • Ok, are you saying lets sentence a kid who stole a lolly the same as a kid who robbed a convenience store using a gun?

      • +3

        I believe I should be able to buy Chocolate with my Medicare card.

      • +2

        You think armed robbery gets a $349 fine?

        No, he is saying you do the offence, you pay the penalty.

        • +1

          well the bank execs didn't

  • OP, googled this and returned from rms - besides bus zone, there are plenty more…

    General parking rules

    You must not stop your vehicle (that is, bring it to a stop and either stay with the vehicle or leave it parked) in the following circumstances:
    Double parked (that is in the road alongside a car that is parked)
    On or across a driveway or footpath
    On a median strip or traffic island
    On motorways
    In a clearway
    On footpaths and nature strips
    Between BUS STOP, BUS ZONE, TAXI STAND or TAXI ZONE signs
    In a safety zone or within 10 metres before or after a safety zone
    Within an intersection
    In a slip lane
    Within 20 metres of an intersecting road at an intersection with traffic lights unless a sign allows you to park there
    Within 20m of an intersecting road at an intersection with traffic lights unless a sign allows you to park there
    Within 1 metre of another vehicle parked in front or behind (does not apply when angle parking)
    Within 10 metres of an intersecting road at an intersection without traffic lights unless:
    A sign allows you to park there or
    The intersection is a T-intersection without traffic lights, where you are permitted to stop along the continuous side of the continuing road
    T-way diagram
    Within 3 metres of any double centre lines
    Within 3 metres of an Australia Post letterbox unless dropping off or picking up passengers or mail
    Within 20 metres before and 10 metres after a bus stop
    On or within 20 metres before and 10 metres after a children's' crossing or pedestrian crossing
    Within 10 metres before and 3 metres after a marked foot crossing with traffic signals
    Within 1 metre of a fire hydrant, fire hydrant indicator or fire plug indicator
    On a railway level crossing
    Within 20 metres before and after a railway level crossing.

    • -4

      umm, your point is?

      • just be aware, otherwise deja vu

  • +1

    10 yr exemption does not apply to infringements involving a school zone. In NSW at least.
    I got stung by a hidden 40k school zone camera a few years ago doing 50k. No exemption.
    At the time it was the 2nd highest revenue raising camera in NSW. Well hidden… :-(

    • +8

      I assume only the camera was hidden, not the 40k sign.

    • Wiley Park?

  • +2

    Should I go to court to appeal?

    You could go to court, plead guilty and state financial hardship as a reason for seeking a reduced fine. It's a strategy that can work. You might finish up with a $200 fine and 2 points. Jobkeeper/Jobseeker payments might be useful in showing financial hardship. You can decide for yourself if it's worth your time to go this route.

    Pleading not guilty probably isn't a good idea, since you committed the offence.

    • +2

      You should go to court and ask the court to make an example of you so that others may learn and improve safety around schools

  • You can go to court, plead gulty and ask for a dismissal under section 10, but you would have to have a good reason/excuse, such as medical emergency or some reason to put forward. I dont see that here, other than your good record

  • +2

    "So I called them to ask for leniency". Who did you speak to? Was your request formally rejected in writing, or was it just some drone on the other end of the line giving their opinion. I have just been through the same process, and it was via an online application. My appeal was successful. I was informed of the outcome via email and via the Service NSW app. Very simple and I didn't speak to anybody.

    • Hi, I am going through the same process at this time. Got double demerit point and fine for more than 10K speed during Christmas break. Have 10 year clean record and just submittted the caution review request. Hopefully, they will consider it. I heard that below fines are not considered for caution for below offences so I believe mine doesnt fall in it. Fingers crossed.

      red light offences
      mobile phone offences
      high speed offences
      school zone offences
      other traffic offences where safety issues were identified

  • +1

    People keep forgetting who they are writing to when they ask for leniency.

    Let me tell you who you are writing to so you are properly informed. its Revenue Nsw for NSW or State Revenue Office for Vic, that alone should tell you that you won't be getting your money back.

    • No. It was never about REVENUE. If i could let someone off i did (depending on circumstance s). I would look for ways to let people off (technicalities etc).

      But i was in the minority, plenty just rubber stamped guilty.

      • +3

        As IF you would have let this guy off though? The entitlement and being clearly in the wrong. Can't take him seriously at all.

    • A government worker will never get paid commission, they really have no incentive to reject a leniency request, as long as it fits their policy

      • That’s the thing. If it fits the policy it’s all good. Government workers also need to be accountable and records are kept thoroughly for audit. Ever heard of ICAC?

    • Especially with the ever increasing 2020 debt by the Government, no point trying to win over the powerful

  • +1

    "Defence"

    It’s Mabo. It’s justice. It’s law. It’s the vibe and ah, no that’s it. It’s the vibe. I rest my case.

  • You can go to court and plead guilty with explanation. Depending on what your explanation is, your fine can be wiped out. For example, valid explanation would be "there was a road hazard in designated drop-off zone".

  • 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.

    We wouldn't be here if only more parents did the right thing.
    https://education.nsw.gov.au/teaching-and-learning/curriculu…

    parents and carers who park safely

  • +7

    You ask for advice, don’t like it and want to argue the same tired point. Just go to court and they will give you the same advice. Anything to do with school zones there is no leniency. Period.

    • +5

      That's the go on on this forum. Commit offence, get fined for offence, twist story to grey area of offence, get found out guilty of said offence, argue with everyone when you don't get the confirmation bias you wanted, call everyone names because they don't enable your entitlement, disable your account.

      • +3

        totally looking for confirmation bias with the trend on day 2.

  • -1

    The days of appealing based on a good record are long gone. :(

    • +1

      Incorrect. NSW has a system for appealing based on a 10 year clean driving record. I just went through the process and had my driving offence waived.

      • +1

        Why is this even a thing??? Like imagine if they applied that logic anywhere else.

        "Sir I swear I haven't murdered anyone in the last 10 years, I've got a clean assault record. Just waive this one for me?"

        "Yeah…. righto mate, fair enough you've been good up until this murder. Don't do it again though or it'll be straight to jail!"

        • It's probably not a bad thing, if people game it enough (free market mindset), I would like to think the rules/laws will change, so nobody can be waived. The trouble with that is, people that really need it (I assume there maybe some reason why this was allowed) will "suffer" because of those that game the system.

        • Driving offence is not the same as murder. Some people would have broken traffic rule unintentionally, we are human after all. Speeding 5km/h over is easy when you are going down hill. Have you broken the law? Yes. Should you be treated like a murderer? No.

          • +4

            @goms: Of course it's not the same. I compared them, I didn't equate them. They are both illegal.

            You shouldn't get treated like a murderer, you should get treated like someone who committed a traffic infringement. Which you did. End of story.

          • +1

            @goms: But you're not being treated like a murderer. You're getting a fine, not jail time.

            This sort of false equivalency is ridiculous.

        • Saves court costs, and provides an avenue to consider the circumstances (like they would with murder) when determining punishment.

        • +1

          What an inept analogy!

      • Doesn't have to be 10 years driving record. Since its a court procedure, its entirely discretionary on the judges behalf, and good character helps a lot.

    • Still alive and kicking I got off a minor speed camera fine in nsw with clean record

  • +3

    Stopping in a bus zone, shouldn’t be waived. Just like if you ran a red light

    Speeding 5kms over the speed limit, and having a 10 year good driving record, should be waived

    • Apparently it can be waived if not in a school zone. Speeding 20k over the speed limit (not in a school zone) can also be waived. Interesting huh?

      • Only within 10 km in vic

        • talking about nsw here /shrug

  • +12

    How entitled can you be? Having spent a LOT of time picking up and dropping off kids at school I’m glad you got that fine. You deserve it. The number of people that flout the safety rules and other regulations around school drop offs is at epidemic proportions. If you can’t organise dropping off your kid in a safe way then you are a bad parent and what’s worse you are training your kid to be a bad parent too. Kids deserve to be taken to school in a safe manner and just dropping them is not good enough. If you are in a hurry then that is all on you for not allowing enough time. The police should have a patrol at every school every day just to get more people like you. Vent over but thanks for the opportunity to finally say what I have wanted to say a thousand times.

    • -1

      Hmm, I think you are too judgy here. I wasn't in a hurry. I dropped him in a safely manner, I waited for him to get down, walked into the gate, then I took off. Took 30 seconds tops.

      • +9

        I wasn't in a hurry.

        Then why did you feel entitled to park in a bus zone, in front of the school? What made your circumstances more important than the safety of everyone else that was doing the right thing? If you were not in a hurry, why not park somewhere else if you had the time?

        • -1

          Keep getting back to "safety of everyone else" - how is it posing a danger? Keep in mind, this is the back of the school, there are literally no kids around, very quiet place.

          • +7

            @goms: The issue here is your entitlement. That's what is at play. Safety of the area is another issue. (But for the record, kids getting on and off buses, kids walking around parked buses, buses being able to park in their designated areas so they don't block traffic, buses not having to let kids off out of the bus zone, so buses can drop off and be gone in a timely manner… the list goes on.)

            There are road rules outlined here. I am happy to answer what safety concerns there are, once you have justified why you think that the road rules don't apply to you. By your own admission, you are a repeat offender and are now only jacked up at the hide of police to fine you for your blatant disregard for the road rules as ReVeNuE rAiSiNg.

            So, again, what is so important about you and your child that you should be exempt from this road rule (irrespective of safety concerns), when a majority of other parents seem to be able to use the correct drop off points for their children?

            • -2

              @pegaxs: Mate, I'm not saying that I should be exempt from this road rule. I'm questioning why those people who have 10y good driving record can get away with:
              * Speeding up to 20kmh
              * Not stopping at a stop sign
              * Disobey no left / right turn sign

              But not stopping in a bus zone in a school zone.

              How is the last offence more serious than the first three?

              I'm questioning about the review assist rule, not why I am in particular should be given leniency.

              • +9

                @goms: It doesn't matter, as you are using a logical fallacy to misrepresent your argument. You are trying to shift the severity of your ticket by saying "but yeah, …. is way worse" This does not absolve your obligations to follow the road rules.

                why those people who have 10y good driving record can get away with:

                Just to clear up the misinformation here, speeding "in a school zone" is exempt from leniency, crossing a stop line "in a school zone" and disobeying signs "in a school zone" are also exempt from leniency, ergo, parking in a bus zone "in a school zone" would be exempt from seeking leniency.

                The road rule says "don't park there". It doesn't matter what other road rules say, as you were not speeding and you were not crossing a stop line. Your defence cant be "yeah, but ….. is worse" as those rules don't apply to your situation.

                Either way, these are "considerations" for issuing leniency. With that, getting off the other infringements is only a "consideration" and not a "first one free", so, again, your reference is moot. You may apply for leniency for a 19km/h over the limit infringement, and still not get off it. (Try getting leniency for a 69km/h in a 50km/h zone…)

                The rules are quite clear around school zone offences (including speeding, ignoring signs and crossing stop lines) and the safety implications for these rules is quite clear. Kids are small, quick, unpredictable and erratic around traffic. The safety issues are quite clear and I fail to understand how anyone can not get their head around how potentially deadly school zones can be with cars and buses interacting with kids.

                I'm not saying that I should be exempt from this road rule

                Oh, good. So this whole thread is now solved and can be closed and you can go and pay the fine…

              • +1

                @goms: You can be let off for those as they can occur accidentally (didn't know the speed limit, or had a brief period of inattentiveness, or didn't see a sign, etc) and a good driving record grants you the benefit of the doubt.

                And just because you can be given leniency, doesn't mean you will - if your reason is "I have a good driving record so I can speed if I am in a rush" your request will be rejected.

                You will find most "serious" offences are ones that don't happen accidentally. School zones are well sign posted and drivers should know to be extra cautious around children.

      • Hmm, I think you are too judgy here. I wasn't in a hurry. I dropped him in a safely manner, I waited for him to get down, walked into the gate, then I took off. Took 30 seconds tops.

        Why are bus zones no stopping zones in school zones? To stop kids using the buses getting run over.

        What you keep saying is, that because you haven't been caught for 15 years, you have the right to drive dangerously until you get caught, get a freebee, then you'll deal with the bad habits formed over this period of entitlement.

        You acting like a complete fishing cat. You don't seem to give a fennec fox about anyone else's time, let alone their kids. You should feel ashamed of your arctic hare behavour. Instead you are waving your cassowary around like a finnish spitz hound trying to get us to gulp down your musty capybara.

        Stop acting like a flying fox and take responsibility for your behavior.

  • +5

    So you obviously still feel you can do whatever you choose and to hell if it poses a danger to all others around you. Then complain when set social constraints ensuring the safety of all, is broken by you.

    • -1

      Stopping in a bus zone is surely disruptive for the buses, but how does it pose a danger?

      • +5

        A bus may try and pull in behind you but still be sticking out in the road somewhat. All it takes is one impatient driver to try and go around the bus and cause a head on smash with a car coming the other way all because he couldn't see the oncoming car. All of that happening IN. A. SCHOOL. ZONE.

        Still think your fine is unjustified?

  • +2

    But I think it's unfair given my driving record

    Society doesn't work like that. You either broke a rule or you didn't break a rule. If society started putting a sliding scale against every aspect of life then the system would collapse or become overburdened from the back log of issues that have to be individually interpreted.

    The question I ask you. Now that you have had a fine after your 15 year clean driving record and you cant get out of the fine. Do you feel you should have been more reckless with your driving for the last 15 years and gotten more fines or is it neither here nor there? If the latter, then none of this matters.

    • No, I haven't been reckless in the last 15 years, why would I be driving more reckless? I don't drive safely for 10 years so that I can drive recklessly knowing that I can get away with that, NO. Otherwise I would have been caught way sooner. I don't know why people think that stopping in a bus zone is reckless. It is breaking the law but not reckless.

      Definition of reckless driving

      The offence of Reckless Driving is contained in s117(2) Road Transport Act and states:
      A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.
      Maximum penalty: 20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

  • +6

    OP seems to be in no mood to agree with the general consensus.

    What was the point of the post/poll anyway - to convince yourself what you think is right?

    Court does not decide leniency - court will only rule to the fact that the offence was committed and the fine was duly issued.

    Leniency is decided by the issuing authority and even then it is not a right that you can demand. It is upto the authority to decide whether the offence was serious in nature or minor.

    You cannot contest their point of view.

    • I don't dispute the offence.

      Maybe I should change the question "How is it fair that when you have a 10 year good driving record, you can get away with speeding up to 20km/h but not stopping in a bus zone because it's in a school zone?". Not only that, if you have 10 YEAR GOOD DRIVING RECORD, you can get away with:
      * Not stopping at stop line - this can cause a crash / fatal
      * Disobey no left / right turn sign - this can cause a crash

      I'm not making this up. Here is the link to what you can get away with if you have 10 year good driving record: https://www.revenue.nsw.gov.au/help-centre/resources-library…

      Most people here said that what I've done is posing danger to a people around. So, how is the above offences not posing more danger than stopping in a bus zone?

      • +2

        What are you talking about… there is consideration for parking in no stopping zones… Just that none of your excuses are covered.

        • Excuse me, what excuses?

          • +8

            @goms:

            I didn't get off the car
            only spent max 30 seconds
            so that my son could get out
            Only started maybe around 3 months
            I only drop him off 2 days a week
            Only if it's super quiet
            How is stopping in a bus zone serious
            I free up 1 queue at the front gate
            I think bus zone should be a shared zone.
            Took 30 seconds tops.
            there are literally no kids around

            You mean apart from these ones you keep making??

            • +4

              @pegaxs: There is a name for OP's post & comments straw man fallacy

              • +3

                @SF3: Also Google "Relative Privation" as a logical fallacy. That is what OP is doing with regards to them constantly saying "but speeding is way worse and you get off that.." omitting the fact that ANY offence committed in a school zone has no leniency and that leniency does not equal "first offence is free"

      • We have always been instructed to yield to buses. They are considered more important on the road to give way to than individual commuter cars.

        This is why it’s more serious.

    • +3

      What was the point of the post/poll anyway - to convince yourself what you think is right?

      It's like the person in the office going around asking for a solution to a problem and continuing from person to person until they get a solution they agree with (as opposed to the correct solution).

  • +3

    Australia is built around rules, laws, regulations and restrictions that apply to most people (except the rich, famous, multinational companies and government), which is why we are able to have such a free, relaxed and laid back society and the most liveable cities in the world….so pay up.

  • Its not always fair. Someone stole my number plate once and a cop pulled me over. After I explained someone stole the plate he threw in another ticket Change lanes without indicating for good measure to make sure he got me. I ended up paying it off, in instalments. I was in fact innocent of both

    • +2

      Someone stole my number plate (so it wasn't on the car)
      a cop pulled me over (you had to be driving to be "pulled over")
      I was in fact innocent of both

      Oh, Pam. As much as I love reading your replies, you just admitted to driving a car without (a) number plate(s) on it. So, you cant really be innocent of "both". (The changing lanes one I cant dispute.)

  • spmeone stole my plate and I didnt know they had

  • -1

    Never EVER ask ozbargain about fines. The response is almost universally just to pay it.

    • +3

      That's because universally it's the OP that has done it and is only looking for a way to loophole out of paying. (eg: This thread's opening sentence… "I did this…")

      The number of people just looking to shirk off being held accountable for their offence compared to genuinely innocent people posting about receiving a fine is about 100:1.

      I am finding it hard to remember a person that came to this forum that was genuinely innocent and who had been wrongfully fined, let alone this same person being told to "just pay the fine".

      • See, that's the problem I have with the ozbargain community general attitude.

        It's always the most surface level consideration: "Did this person break rules? Yes/No".

        It's a child's level of critical thinking and reasoning.

        There's no consideration for individual circumstance, whether it's morally right, whether the law is wrong and should be changed, whether leniency should be applied, etc.

        Majority of people are 'unreflective thinkers': https://bigthink.com/personal-growth/how-to-think-effectivel…

        • +1

          OP said;

          I stopped at a bus zone in a school zone… only spent max 30 seconds stopping there…

          Tell me what part of this statement that OP made am I supposed to give consideration to when the Road Rules say not to do it "at all". They admitted they broke the law. It's that simple. There is no "critical thinking" to be conducted here. (I got to the "corona virus" mention in your link and dismissed the rest of it as quackpottery.)

          There's no consideration for individual circumstance

          There is "consideration" given for almost every Road Rule with regards to "circumstance". The fact that they allow for road users to even entertain submitting a request for leniency shows that they are open and willing to "consider" the "circumstances". The fact a fine can be challenged in court means that the system is open to "considerations". Unfortunately, "I was only 30 seconds" is exempt as an excuse.

          whether it's morally right, whether the law is wrong and should be changed

          And it doesn't matter what is "morally" right or what "should" be changed, as you have to deal what "is" right and what is "currently" in force.

          that's the problem I have with the ozbargain community general attitude.

          Yet you still come here, read the threads and have your input… weird.
          (PS: Hope the negging made you feel better. How very "critical thinking" of you…)

          • -1

            @pegaxs: Thank you for being a perfect example of what I was talking about:

            Tell me what part of this statement that OP made am I supposed to give consideration to when the Road Rules(legislation.nsw.gov.au) say not to do it "at all". They admitted they broke the law. It's that simple.

            Thank you for being an example of my initial point.

            (I got to the "corona virus" mention in your link and dismissed the rest of it as quackpottery.)

            Thank you again for an example of someone who can't read more than 3 lines.

            And it doesn't matter what is "morally" right or what "should" be changed,

            Actually, it does. In fact, it's the most important thing.

            Yet you still come here, read the threads and have your input… weird.

            I hope to change minds.

            • +2

              @Odin: (Everything above this next quote is just akin to "I know you are, but what am I")

              And it doesn't matter what is "morally" right or what "should" be changed,

              Actually, it does. In fact, it's the most important thing.

              You are dealing with "what if" and not "what has." OP has said that they got a fine for what they open admit they "did", not for what they might do in the future. What we need to deal with here is what "did" happen and what rules "did" apply. Can this can be a catalyst for change? Sure, but the change comes in the future, and until those laws and rules are changed, we have to deal with what the laws are "now." (I'm not saying they "cant" be changed, just that we have to abide by what the current rules are "until" they get changed.)

              The circumstances are; OP parked illegally, openly admitted to it, admitted to doing it in the past, multiple times, shows little to no remorse for their actions or that the fine will do anything to deter them from future actions and doesn't perceive what they are doing as a risk to anyone.

              So, as a "critical thinker"… Where do you see OP as being "morally right" in this instance??

              For someone that reads "how to be a better critical thinker" type articles, I would have thought you would have been a little better at thinking and articulating than "Thank you. Proved my point"…

            • @Odin: weasel words

  • Go to court the legal fraternity need some more $$$$$$$$$ and will be thankful .

  • +3

    school zone fines are cast in stone. Just think how it would be if all the parents did what you did.

    When my kids were at school, every school newsletter reminded the parents that the school zones were heavily policed and don't break the law.

    If you don't like the outcome then take it to court.

    And to quote all the folks in every speeding or speed camera thread "If you don't break the law, you won't get a fine".

  • +2

    imagine if everyone in the country did what you did?

    look at the big picture, not just you

    you deserve to be fined and with a bit of gst for being so self entitled about it

  • Look at this way, the Police, Fire, Teachers, Nurses etc etc etc cost billions a year. They have to get some income somehow.

  • I think there is a way to work a fine off as a volunteer or something

  • Wow have a cry, a fine is a fine

  • tough but fair

  • +4

    Sorry but people like you really irritate me. You seem to think that just because you've previously had a clean driving record this should afford you some leniency.

    Would you still be asking for leniency if your first offence was that you ran a red light and hit and killed someone? No, of course not, you broke the law, pay the fine and move on.

  • +2

    Talk about a loaded poll, lol

  • +1

    Unbelievable.

  • Take them to court. I'll represent you! I don't know what I'm doing and I can only make it worse for you… but I'm willing to do it!

    • sounds good mate, PM me. I'll reward you with the fine amount we're successful!

      • I can see it now. Another post, "My lawyer won't pay by fine, what do I do?"

  • Sorry OP you got hit by a cop having a bad day or meeting some target - if the situation is truly as your describe anyway.

    If there's no kids, no traffic hold up, and the cop can see you dropping a kid, usually a bit of discretion goes a long way.

Login or Join to leave a comment