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Old 10-03-2008, 12:28 PM   #1
RAREV8
Previously ScottishXC
 
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Join Date: Jun 2005
Location: Sydney
Posts: 2,100
Default Advice needed re: first infringement

Hi all,

I posted this in someone elses thread but it really wasn't the right place for it- I really need some proper advice on what to do next...those of you that know me would realise that this is not the kind on situation that I get myself in regularly- in fact, its the first time.



I have (had) a faultless driving record and at the age of 32, drove a lot of miles too......I was pinged doing 62 in a school zone the week before Christmas by a mobile radar setup.

What really made me upset was that I adhere so heavily to the speed limit in school zones but A)this was the only school in our area that wasn't broken up for holidays (most round us are private and break up earlier) and B) the signage was average to say the least...no lights, worn out road marks.

So, I wrote an extremely apologetic letter asking if they would be willing to review this particular case and received the answer that no, it was considered a very serious offence (no arguement from me) and in their opinion, the signage was adequate.

Well, a slightly bitter pill to swallow but essentially, I had broken the law and was dealt 3 demerits and a pretty high fine. I should be ok with this and normally, I suppose that I would be BUT for driving down the same stretch of Pacific Highway in Waitara, Northern Sydney, less than 2 weeks later, HUGE new 40 zone signage and big flashing lights have been erected!!!!!

One might pose the question that if the authorities believed that the signage was indeed adequate, why would you spend a lot of money to make it even more "adequate"??

Suffice to say I am very upset but am not sure what I will do next....presumably, I have to take it to a dispute court case............

Here is the exact content of the reply I received:

Dear Mr Lewis,

we are writing about your contact with us regarding penalty notice 5*******

We examined the details of the penalty notice and considered the issues you raise. Based on the circumstances you describe we cannot, under our guidelines, cancel or offer leniancy for this offence. We confirm the penalty notice was legally issued and conclude that the penaltl still applies.
While flashing lights are not used in every school zone, restrictions are clearly signposted with details of the speed limit and times at which restrictions are in place.
Demerit offences that occur in a school zone are considered to be serious offences. Because of this we are unable to consider leniancy based on a clear driving record for this type of offence.


Is this worth persuing? I just find it a little hypocritical when they immediately renewed the signage-= I am a proudly safe driver and agree with the sentiments that this should be considered a serious offence...any advice gladly taken on board.

Cheers, Jamie

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