Tag Archives: traffic offence

Riders charged after two police pursuits

Two motorcyclists riding at speeds up to 200km/h have been charged following two separate pursuits with NSW Police in Sydney’s south west.

This is the type of stupid behaviour that brings all riders into disrepute.

It may also delay an easing of pandemic travel restrictions as Queensland plans to do from next Saturday.

Here is the NSW Police media release about these two pursuits:

Officers from Bankstown Traffic and Highway Patrol – with the assistance of South West Metropolitan Region Enforcement Squad (RES), the Dog Unit, and PolAir – conducted Operation Bluey on Friday (24 April 2020) and Saturday (25 April 2020), targeting high performance motorcycles engaged in dangerous riding practices and pursuits with police.

Pursuit 1

About 8.20pm on Friday (24 April 2020), officers were stopped on Rawson Road, Greenacre, when they saw a BMW s1000 RR travelling on Rawson Road before crossing to the incorrect side of the road and turning right into Waterloo Road, disobeying a red traffic light.

BMW S 1000 RR less flab deliveryBMW S 1000 RR

A pursuit was not initiated and despite patrols, the motorcycle could not be located.

A short time later, the motorcycle was seen travelling on Juno Parade before allegedly speeding away at no less than 100km/h before crossing to the incorrect side of the road and turning left into Nobel Avenue.

Further police allegedly sighted the motorcycle turn left into Mimosa Road and allegedly speed away at no less than 120km/h in a signposted 50km/h zone.

With the assistance of PolAir, the motorcycle was monitored as it travelled to a home on Wangee Road, where it was ridden through the front door and parked in the lounge room.

Shortly after, officers entered the home and the rider, a 24-year-old man, was arrested.

He was charged with motor vehicle exceed speed more than 45km/h – estimated, drive recklessly/furiously or speed/manner dangerous, and vehicle number plate not correctly fixed.

The man is due to appear at Bankstown Local Court on Wednesday 29 July 2020.

Pursuit 2

2017 Suzuki GSX-R1000R at Moto Expo2017 Suzuki GSX-R1000R at Moto ExpoGSX-R1000

About 11pm yesterday (25 April 2020), officers patrolling King Georges Road, Wiley Park, saw a Suzuki GSX-R1000 motorcycle, carrying a pillion passenger. The rear number plate was obscured.

With the assistance of PolAir, the motorcycle was monitored. Officers attempted to stop it nearby on Canterbury Road; however, it failed to stop and allegedly sped away at 160km/h in a signposted 60km/h zone.

A pursuit was initiated before being terminated shortly after due to safety concerns.

The motorcycle was again seen travelling on King Georges Road, riding only on its back wheel before allegedly speeding away at least 200km/h.

PolAir continued to monitor the motorcycle as it travelled to Greenacre, where the pillion passenger got off.

Shortly after, officers attended a nearby home and located the rider, who was the holder of a P1 licence and disqualified from driving until 2032.

The 23-year-old man was arrested and taken to Bankstown Police Station where he was charged with police pursuit – not stop – drive dangerously, drive recklessly/furiously or speed/manner dangerous, drive during disqualification period, and vehicle number plate obscured.

He was refused bail to appear at Parramatta Bail Court today (Sunday 26 April 2020).

Source: MotorbikeWriter.com

Driver charged over fatal bike crash

A 70-year-old male driver will face court in March charged over a fatal motorcycle crash in Dubbo on New year’s Eve 2019.

NSW Police say the driver’s ute collided with a motorcycle about 9pm on the Mitchell Highway in Maryvale, just north of Wellington.

A male rider in his 20s died at the scene.

NSW Police say that due to the circumstances of the crash, he has still not been formally identified.

The utility caught fire and was extinguished by NSW Rural Fire Service.

The driver and his female passenger suffered injuries and were airlifted to Orange Base Hospital.

Orana Mid-Western Police District officers and the Crash Investigation Unit began investigating the crash.

Police say that, “following inquiries”, a 70-year-old man attended Orange Police Station yesterday (26 January 2020) and was arrested.

He was charged with:

He was granted conditional bail to appear at Wellington Local Court on 19 March 2020.

Our sincere condolences to the rider’s family and friends. We will follow this matter through the courts.

Meanwhile, NSW Police advise that no charges have yet been laid over the fatality involving a Kia Rio and six motorcycles in Kyogle on 20 October 2019.

The killed rider and five injured riders and pillions were members of the Sons Of The Southern Cross motorcycle club.

Car ploughed into riders monthKyogle crash aftermath (Image: Seven News)

Mobility scooter rider dies

An 80-year-old man has died in hospital today (27 January 2020) after his mobility scooter collided with a utility in Sydney’s last Wednesday.

Police say the scooter drove out of a driveway on Milton Street, Granville, on to the road where it was hit by a VW Amarok.

The rider was treated at the scene by NSW Ambulance paramedics before being taken to Westmead Hospital in a critical condition.

The 39-year-old male driver of the utility was breath tested at the scene and returned a negative result.

We trust this will not be recorded in the statistics as a fatal motorcycle or moped crash.

Our sincere condolences to the scooter rider’s family and friends.

Source: MotorbikeWriter.com

Crashed riders risk negligent charge

More and more riders are being charged with negligent driving (riding) after a single-vehicle crash, says NSW traffic and criminal law specialist Chris Kalpage.

Our contributing lawyer has previously written articles about defending various charges and last time he addressed the issues arising out of dangerous driving and negligent driving causing death or grievous bodily harm.

He now tackles this increasing risk of a negligent driving charge for which penalties can be quite severe:

Chris Kalpage defencesChris Kalpage sets up for a track session

Negligent driving

The concept of negligence is whether the person charged was not riding in the manner of a reasonably prudent motorist, considering all the circumstances.

Often if police are called to a single-vehicle accident where the bike has come down there is a risk the rider will be charged with negligent driving.

Two cases I defended come to mind.

Case 1

Old Pac gets more ‘safety barriers’Riders on the Old Pac (Photo courtesy of Valley Images)

One morning my client was riding his Aprilia RSV on the Old Pacific Highway, tipped into a corner at below the speed limit and lost his front end on slippery leaf mulch. You could substitute that for moss, oil, gravel from filling in potholes, or anything on the road surface.

He dragged himself to the Armco and sat down, his leg was broken. To his surprise, a tow truck and ambulance stopped to assist. As he was traveling to Gosford Hospital he heard over the radio that they had picked up the wrong accident victim, so they stopped at the next accident scene some kilometres from where he had crashed.

While the paramedics were assisting the other rider, a highway patrol officer at the second scene spoke to my client while he was in the back of the ambulance. He asked what had happened and my client explained about the leaf mulch. The officer further interviewed my client in hospital.

My client subsequently received an infringement for negligent driving which we defended.

The police officer’s evidence was that my client had told him he had lost his front wheel on leaf mulch. However, the officer said he attended the site and there was no leaf mulch, inferring that my client was riding with negligence.

In calling for the officer’s notebook in cross examination of him, it was clear the officer had noted my client indicated he had lost his front wheel suddenly on hitting the mulch. In cross-examination of the officer it was established that the notebook was the totality of the content of the discussion with my client.  It was further conceded by the officer that my client had said nothing more.

It was conceded that there were many corners between where the officer saw my client in the ambulance and where the accident had occurred.

The obvious conclusion was that the officer could not correctly identify the exact corner of the crash and by inference had not attended the site as was stated. The officer’s questionable evidence was rejected, my client’s evidence favourably received and he was found not guilty.

Case 2

Oxley Highway businesses eventRiders on the Oxley Highway

Another client was riding his Ducati 748 down the Oxley Highway when he hit a wedge of tarmac, possibly caused by heat forming a lip in the soft asphalt. His bike was knocked into gravel on the opposite side of the road.

Again my client had a broken leg and the ambulance was called. A regional highway patrol officer turned up at the site about 20 minutes later. Again, he had not seen how the accident occurred and had no evidence from witnesses, but formed the view that as an accident had occurred my client must have been traveling too fast.

At the hearing, the prosecutor agreed with me that the highway patrol officer could not provide expert post accident crash analysis. That is the remit of the specially trained police crash investigation unit. The case was adjourned so representations could be made.

However, the officer chose to press on with the case. Even though the magistrate allowed the evidence — which I believe should not have been — he took into account the officer’s lack of expertise and was prepared to accept my client’s evidence. He dismissed the prosecution.

Conclusion

A mere accident does not automatically mean that the rider was negligent. The prosecution needs to establish that you were driving or riding without the standard of care and attention reasonably expected of the ordinary prudent driver.

Even if you run into the back of a vehicle that suddenly stops, it does not mean your manner of driving was negligent.

I defended a retired motorcycle highway patrol officer with significant riding experience who ran into the back of a car because he had to apply emergency braking right where there was a sudden change in the road condition. He was acquitted at hearing.

So, if you have to brake suddenly and do it on a patch of diesel causing you to run into the car in front that may not constitute negligence. The court has to take into account all the circumstances of the case as embodied in the legislation, a part of which is printed below:

NSW ROAD TRANSPORT ACT 2013 – SECT 117

Negligent, furious or reckless driving

117 Negligent, furious or reckless driving

(cf STM Act, s 42)

(1) A person must not drive a motor vehicle on a road negligently.

(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:

(a) the nature, condition and use of the road on which the offence is alleged to have been committed,

(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road,

(c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).

(Editor’s note: This is a NSW law, but there are similar rules in most jurisdictions.)

This relates to the specific circumstances of the particular incident and this is one situation where every case is different. No two situations are alike so they require careful analysis. Don’t assess your case based on someone you know who had a similar situation and got a certain result, as you could be very wrong.

Disclaimer

This article is for reader information and interest only and is based on New South Wales law. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice.

Please be aware that every case is different and the matters raised may not be of specific relevance to your situation but may have a general application. You must seek specific advice tailored to your circumstances. Chris is happy to talk to anyone needing clarification. He can be contacted on 0418 211074.

Source: MotorbikeWriter.com

Double demerits for Australia Day weekend

Police in all states will be out in force over the Australia Day long weekend with double demerits applying from tomorrow (24 January 2020) in NSW, the ACT and Western Australia until midnight Monday.

in NSW, they’re calling it Operation Safe Return and they are asking motorists to “look after themselves and others in the true spirit of ‘mateship’ this Australia Day long weekend”.

They promise a high-visibility presence.

Be aware that one high-range speeding offence could be enough to get your licence suspended for several months under double demerit points.

Double demerits danger

Riders from Victoria, Tasmania, Northern Territory and South Australia passing through NSW, ACT or WA during any declared holiday period do not cop the double demerits.

Police cops speed speeding sensation annual demerit

However, Queensland riders should note that there is also a double-demerit points system effectively in place all year round.

The law in Queensland is that double points do apply to speeding offences of 21km/h or greater over the speed limit and seatbelt offences if they occur more than once within a 12 month period.

If you incur the penalty in another state, it still applies as if it happened in Queensland.

Lawyer Stephen Hayles of Macrossan and Amiet Solicitors says he has been asked by clients about the system after copping a fine in an applicable state.

“For example if you commit two speeding offences of driving 21km/h over the speed limit in a 12 month period, you will be allocated four demerit points for the first offence and four demerit points for the second offence plus an additional four demerit points,” he says.

“This means that you will have accumulated 12 demerit points within a 12 month period and you risk having your licence suspended.”

How demerit points are recorded

NSW police blitz demerit

Double points apply in NSW and ACT over the Australia Day weekend, Easter, Anzac Day, Queen’s Birthday, Labour Day and Christmas/New Year.

In WA, the double points apply on Australia Day (unless it falls on a week day), Labour Day, Easter, Anzac Day (unless it falls on a week day), Western Australia Day, Queen’s Birthday, and Christmas/New Year.

If a rider in another state commits a traffic offence in a state during a double-demerit period, the offence is recorded as a double demerit offence on their traffic history in the state where the offence happened.

The state licensing authority will then report the offence to the transport department in your state who will record the offence on your traffic history.

However, the double points will only apply in Queensland under the circumstances described above.

Choice of penalty

Stephen says that if you have committed a traffic offence recently and you receive a Queensland Transport notice that you have accumulated your allowed demerits, you will have a choice of a good driving behaviour period or a licence suspension for a period.

“When considering whether to agree to a good behaviour driving behaviour period and a licence suspension, it is important that a licence holder understands that accepting a suspension of their licence may preclude them from making an Application for a Special Hardship Order or an Application for a Restricted (Work) Licence for the next five years,” he warns.

If you are unsure about how many demerit points you have, you can search your record online at your state’s transport department website or call them and request a copy of your traffic history.

Source: MotorbikeWriter.com

Confrontation leads to motorcycle crash

A motorcycle rider has ended up rear-ending a vehicle that brake-checked him after they had a confrontation recently on Melbourne’s Western Ring Road.

This video posted on Dashcam Owners Australia shows that the rider has taken offence to something done by the P-plate driver of the BMW. Perhaps they were tailgating him – one of our pet peeves!

The rider stops for a confrontation with the driver, bringing traffic dangerously to a halt in the right lane.

One driver dangerously has to pass the stopped vehicles, giving the dashcam car a clear view of what happens next.

After the rider gets back on his bike and takes off, the BMW driver dangerously and illegally moves over on the rider, passes him and then brake checks him.

The result of the confrontation is that the rider slams into the back of the BMW which leaves the scene of the accident.

VicPol say they have no record of the incident being reported.

I imagine the rider wouldn’t be stupid enough to report it as he could also be liable for a $289 fine for obstructing the path of other motorists. The fine is the same as exceeding the speed limit by 10-15km/h. 

How to report road rage

Vicpol urges motorists to report all road rage incidents to police so that we can investigate accordingly.Rider punches and kicks SUV in road rage

“We know that many of these incidents start as minor traffic incidents but can escalate very quickly which turns into criminal offending,” a VicPol spokeswoman says.

“We’ve seen a distinct change in driving behaviour over the years where there is a lack of courtesy and respect on the roads. It is often the case that minor incidents escalate into much more serious offending. Unfortunately we are seeing a small number of people who are unable to hold their temper while on the roads however there is never an excuse for this type of behaviour.

“We want to remind all drivers to take their time on the roads and drive to the conditions. We all need to be mindful of other road users.

“If you are involved in a road rage situation, do not get out of your car and call Triple Zero (000).

“Obtain the registration number and report the incident to police. If you see someone acting aggressively on the road please make a confidential report to Crime Stoppers on 1800 333 000.

“We encourage everyone to be courteous on the roads. Yes, people do make mistakes and there are instances on the road where people cut people off. However if this is the case, a simple wave apologising to the other vehicle often de-escalates the situation very quickly.” 

Tips on handling confrontationBlame road rage helmet cameras dash cam

This is not the first road rage video featuring a rider-versus-driver confrontation that we have posted. (Just type “road rage” into our search field and see what comes up!)

In every video, the rider comes off second-best to the bigger vehicle.

Riders are vulnerable and get harassed almost every day by other traffic.

But it is pointless being being lured into confrontation. Just smile, give a shrug or a wave and ride away from the problem.

If you are tailgated like the guy in the video, click here to find out what you can do to avoid such a situation, rather than ending up in a bleeding heap on the road.

Queensland Police Senior Sergeant Ian Park who created the #ridesafely4me Facebook site says he’s not sure if it’s perception or reality, but “our roads appear to be becoming angrier places”.

“Unfortunately, it seems to involve individuals from all road user groups as both the victims and the perpetrators. Motorcyclists and bicyclists are of course the most vulnerable due to the lack of physical protection around them. But the fundamentals of personal safety of the roads are no different to anywhere else,” he says.

Queensland Police Senior Sergeant Ian Park a social media sensation reason confrontationSgt Park and a group of riders

Here are Ian’s tips to avoiding road rage:

If you find yourself feeling unsafe as a result of the actions of another road user, the first priority is to remove yourself from the situation as safely as possible. Unfortunately far too often incidents of poor behaviour by one road user to another are only exacerbated when the ‘victim’ retaliates. If another party chooses to yell at you, beep their horn or flash their lights – so what? Let them get it out of their system and get on their way. Inflaming the situation by ‘biting back’ rarely assists, and often only makes the situation more unsafe for everyone.

However if the other party continues to behave in a manner that makes you feel unsafe, then consider your environment. Perhaps pull into a service station, licensed premises or shopping centre that is likely to be fitted with external CCTV. This will often discourage the aggressor from taking the matter further if they know their actions (and registration details) are going to be recorded.

If no such place is available continue to drive without reacting to the aggressor until a place of safety is available, avoid making eye contact and attempt to disengage from the situation as best and safely as you can.

If you feel that you are in imminent danger, pull over and call triple zero (000). Don’t forget that ‘000’ from a mobile phone doesn’t necessarily go to your nearest operator, so always be ready to say ‘I need police in (name of City/town or nearest regional centre)’.

When speaking with a 000 operator, pass on relevant information that could assist police to investigate the matter, for example, registration details, descriptions of the person/s in the vehicle, time, date, correct location (in case there are traffic monitoring cameras located nearby etc.), descriptions about any features of the vehicle that are not standard (i.e. post factory fitted wheels, decorations, accessories, damage).

Emergency first-aid apps reason

If you carry any kind of video recording device, ensure the footage is set aside so that it doesn’t get recorded over before being provided to police. Make sure you don’t just secure the footage of the incident – also keep footage leading up to and beyond the incident to help clarify any potential counter claims by the other party that it was actually you that was the aggressor.

If the situation is over, but you are still of the belief that the matter warrants investigation with a view to action by police, you always have the right to report it. You can either attend your nearest open police station to speak to someone, contact the non-urgent police reporting number which is now 131 444 in almost all Australian Police Jurisdictions. Similarly most policing services across Australia also provide on-line reporting services. Just search the police service in your State or Territory to find their websites and follow the prompts.

Be mindful, however that any complaint of an incident involving one person upon another without any supporting evidence is often difficult to successfully prosecute. A successful prosecution requires sufficient evidence being presented to a court to determine that an offence was committed beyond reasonable doubt.

However, this should not prevent you from reporting the matter, but is something to keep in mind if police determine there is not sufficient evidence for a matter to proceed. It doesn’t necessarily mean police don’t believe you! If you provide police with a video recording you must be willing and able to give evidence.

Source: MotorbikeWriter.com

RUNIT rider nabbed on 55 offences

A 22-year-old man wanted for 55 traffic offences including several for speeds of more than 150km/h in Brisbane’s northern suburbs has finally been nabbed.

Watch the Queensland Police video below of several occasions where the rider is spotted by police who give up the chase for public safety reasons when he speeds off.

He is also seen dangerously lane splitting at high speed through the city’s tunnels.

Police allege the rider is a “prolific high-speed motorcycle rider committing numerous life-endangering offences”.

He was finally arrested on 2 January 2020 when an off-duty Road Policing Investigations Unit officer spotted his motorcycle, a Suzuki GSX-R600 with the stolen plate, “RUNIT”, in an Alderly hotel carpark.

We alerted riders to the rise in plate theft and cloning back last month.

Road Policing Investigations Unit

Rider arrested on 55 traffic offences
Bike spotted in hotel carpark

The RPIU is a specialised unit who identify and track prolific and recidivist traffic offenders “whose manner of driving is a clear danger to other road users, as well as themselves”.

It also identifies and locates vehicles and drivers committing serious criminal offences using our road networks, such as drug couriers and property crime offenders.

Police will allege the Suzuki was used in more than 50 speeding offences in and around Brisbane between October and December 2019.

Since identification may be part of the rider’s defence, he cannot be named at this stage.

When arrested, the 22-year-old Stafford Heights man was in possession of a backpack which was found to allegedly contain methylamphetamine and a set of scales, as well as 13 Queensland and New South Wales driver licences, four Australian passports and one UK passport and 13 Medicare cards.

Speeding offences
Backpack contents

He also allegedly had possession of another cloned registration plate for the same make and model of his motorbike.

The man was subjected to a Roadside Drug Test which police allege returned a positive result.

The RPIU charged the man with 36 offences and issued him with 55 traffic infringement notices for speeding, as well as impounding his motorcycle for forfeiture.

Offences include:

  • 1 count of possess dangerous drugs exceeding Schedule 2
  • 1 count of possess property suspected of being used in a drug offence
  • 1 count of drug driving
  • 1 count of tainted property (stolen registration plate)
  • 2 counts of evade police
  • 2 counts of disqualified driving
  • 4 counts of unlicensed driving
  • 6 counts of unregistered vehicle
  • 6 counts of uninsured vehicle
  • 6 counts of false plates
  • 1 count of possess item purporting to be a registration plate (that is, a “cloned” plate)
  • 2 counts of fail to stop at red light
  • 2 counts of disobeying the speed limit
  • 1 count of breach a domestic violence order

He is due to face Brisbane Magistrates Court on February 3.

The 55 speeding infringement notices are for allegedly exceeding the speed limit in the tunnels, Brisbane streets, as well as on the Bruce Highway, including 30 high-speed offences where his alleged speed was more than 40km/h over the speed limit.

The highest alleged speeds were on three occasions when the motorcycle was detected travelling at 178, 175 and 172km/h in a 100 zone on the Gympie Arterial Road, Bald Hills. The Suzuki was also allegedly detected travelling at 155, 149 and 147km/h in an 80 zone in the Airport Link Tunnel, Wooloowin.

Investigations by the Gateway Property Crime team continue with the man also charged with five counts of tainted property and one count of obtaining or dealing with identity information.

He will, also face these charges when he appears in court next month.

High-speed offencesQueensland police licence annual ipswich

Acting Superintendent Flanders , Operations Commander, Road Policing Command, his team of “highly skilled investigators” can monitor, identify and locate drivers engaged in dangerous behaviour.

Late last year RPIU officers analysing high-speed camera detections focused attention on a motorcycle speeding at 205km/h in a 70 zone on Sandgate Road, Boondall, at 10.50pm on 10 April 2019.

“This speed was almost three times the limit and was clearly extremely dangerous driving behaviour. There is no margin for error when travelling at speeds more suited to a racetrack than a suburban road,” he says.

The unit identified the vehicle from speed camera images and on 12 September 2019 they searched a Taigum home where they found the jacket and helmet worn by the rider in the camera image.

A 27-year-old Taigum man was charged with dangerous operation of a motor vehicle (with a high-speed circumstance of aggravation).

He pleaded guilty in Sandgate Magistrates Court on 8 November 2020 and received a 12-month licence disqualification and 15 months’ probation.

Source: MotorbikeWriter.com

Bike cop pings driver 34 demerits

A NSW Police Motorcycle Response Group rider has caught a female driver using a mobile phone while negotiating a roundabout, contributing to her incurring $1793 in fines and 34 demerits.

Motorcycles are considered an important asset to police, manoeuvring in traffic congestion, public event management, dignitary escorts, ceremonial duties, and speed and traffic offence patrols.

They have been particularly useful for patrolling for mobile phone offences as in the situation above in Katoomba yesterday (27 December 2019).

Cops mobile phone penalties day of action
Police patrol for mobile phone misuse

A motorcycle cop’s high position allows them to see drivers holding a phone in their lap.

Riders are well aware of this and often see drivers illegally using mobile phones.

In the Katoomba driver’s case, she was also pinged for having three children and a man in the car with her not wearing seatbelts.

Double demerits currently apply in NSW which resulted in the driver accumulating the massive penalty of 34 points.

We asked NSW Police what that would mean for her licence and they said they did not know, but referred us to the Roads and Maritime Services website.

It says motorists who accumulate 20 or more points in a three-year period will cop a five-month suspension or three months if they are on a restricted licence.

The RMS may also refuse to renew their licence for another five months.mobile phone demerits

Double demerits

Double demerit points now apply in NSW and the ACT until January 1 (inclusive) and January 5 in Western Australia.

Riders from Victoria, Tasmania, Northern Territory and South Australia passing through NSW, ACT or WA during any declared holiday period do not cop the double demerits.

Queensland motorists attract double points for speeding offences of 21km/h or greater over the speed limit and seatbelt offences if they occur more than once within a 12-month period.

Source: MotorbikeWriter.com

How double demerit points can affect you

Double demerit points apply from Friday (20 December 2019) in NSW, the ACT and Western Australia, affecting licensed riders not only in those states, but also Queensland.

The penalty period lasts until January 1 (inclusive) in NSW and ACT and January 5 in WA where one rider copped a hefty 14 demerit points and $1200 fine over the Western Australia Day long weekend in June 2019.

Traffic Enforcement Group officers tweeted the above photo of the fine after nabbing the rider at more than 120km/h in an 80km/h zone in Ravenswood.

Police noted on the fine that the rider told them: “She (his bike) was flooding and gurgling; just gave it a blat”.

His licence was suspended for three months.

Double points danger

Riders from Victoria, Tasmania, Northern Territory and South Australia passing through NSW, ACT or WA during any declared holiday period do not cop the double demerits.

Police cops speed speeding sensation annual demerit

However, Queensland riders should note that in certain circumstances they do apply.

The law in Queensland is that double points do apply to speeding offences of 21km/h or greater over the speed limit and seatbelt offences if they occur more than once within a 12 month period.

Lawyer Stephen Hayles of Macrossan and Amiet Solicitors says he has been asked by clients about the system after copping a fine in an applicable state.

“For example if you commit two speeding offences of driving 21km/h over the speed limit in a 12 month period, you will be allocated four demerit points for the first offence and four demerit points for the second offence plus an additional four demerit points,” he says.

“This means that you will have accumulated 12 demerit points within a 12 month period and you risk having your licence suspended.”

How demerit points are recorded

NSW police blitz demerit

Double points apply in NSW and ACT over the Australia Day weekend, Easter, Anzac Day, Queen’s Birthday, Labour Day and Christmas/New Year.

In WA, the double points apply on Australia Day (unless it falls on a week day), Labour Day, Easter, Anzac Day (unless it falls on a week day), Western Australia Day, Queen’s Birthday, and Christmas/New Year.

If a rider in another state commits a traffic offence in a state during a double-demerit period, the offence is recorded as a double demerit offence on their traffic history in the state where the offence happened.

The state licensing authority will then report the offence to the transport department in your state who will record the offence on your traffic history.

However, the double points will only apply in Queensland under the circumstances described above.

Choice of penalty

Stephen says that if you have committed a traffic offence recently and you receive a Queensland Transport notice that you have accumulated your allowed demerits, you will have a choice of a good driving behaviour period or a licence suspension for a period.

“When considering whether to agree to a good behaviour driving behaviour period and a licence suspension, it is important that a licence holder understands that accepting a suspension of their licence may preclude them from making an Application for a Special Hardship Order or an Application for a Restricted (Work) Licence for the next five years,” he warns.

If you are unsure about how many demerit points you have, you can search your record online at your state’s transport department website or call them and request a copy of your traffic history.

Source: MotorbikeWriter.com

Are novelty motorcycle helmet covers legal?

Many riders like to get into the holiday spirit by wearing Santa, elf, Elmo or reindeer novelty helmet covers.

However, they could be a safety hazard, they may void your insurance and some police say they may be illegal.

Safety aspects of novelty coversMelbourne Toy Run 40th anniversary covers

While novelty helmet covers may be fun and potentially protect your helmet from dust, scratches and chips, they could also be a safety hazard.

They can come loose and obscure your vision or become a choking hazard, especially at high speeds.

Most suppliers recommend they not be worn on the highway, but only at city speeds.

Since most are only worn in charity parades, speed should not be an issue.

But be aware that they can reduce ventilation which would make them stiflingly hot on a summer’s day in a slow-moving toy run procession.

They may also suppress important surrounding noises such as emergency sirens or the sound of screeching tyres.

Legal aspects of novelty covers

While we cannot find any legal reference in the Australian Road Rules to these novelty covers, police can still issue a ticket if they believe it is an offence.

So we contacted them for their interpretation of the road rules.

VicPol say it is “not possible to provide a blanket yes or no answer to your query, as it must be assessed on an individual basis”.

They suggest the following points could impact on the compliance:

  • The correct fitment is highly unlikely as the covers are “one size fits all’ and not manufactured for specific brand / model helmets.
  • The cover has the potential to impede vision through the visor when fitted or whilst travelling.
  • The cover may prevent the rider from securing the helmet correctly through the helmet buckle.
  • The cover has the potential to move / fall off at speed.Novelty santa xmas motorcycle helmet cover

Queensland and South Australia police say novelty helmet covers are legal:

Novelty helmet covers are not illegal, as long as the rider is wearing a motorcycle helmet that complies with Australian standards and is securely fastened. Riders will need to ensure that the novelty cover does not obscure their vision.

WA Police did not respond, but the Western Australia Road Safety Commission says riders are already vulnerable road users and “wearing gear that might potentially make it harder for riders to spot other road users would not improve this situation”.

ACT Police say they would “take action against the user of the helmet cover if it contributed to an incident or collision (for example, if the cover impeded the vision of a rider)”.

“It is concerning to police that the manufacturers openly identify significant risks to the user of the product on their website,” they say.

Bah humbugMelbourne Toy Run 40th anniversary

Since most riders wear novelty helmets as part of a fund-raising or at least fun-raising ride, it would be a particularly belligerent Scrooge cop who fined a rider over a helmet cover!

Speaking of Scrooges: If you crash while wearing a novelty helmet cover, your insurance company may use it as an excuse to void your policy.

Source: MotorbikeWriter.com

Police video exposes stupid motorists

In the run-up to the usual Christmas crackdown on motorists, Queensland Police have released this video compilation of the stupid things some motorists do.

We’ve edited down the bodycam vision a bit as it gets boring.

However, it includes a rider doing 160km/h in a 60km/h zones, stupid drivers holding mobile phones, not wearing seatbelts and a drunk driver spinning his 4WD out of control on a damp corner when it hits white lines — all riders would know about that one!

Interestingly, bike cops were involved in several incidents including the detection of a driver at night on his mobile phone.

Queensland police are today launching Operation Romeo Sleigh to focus on road safety from this Friday (13 December 2019) and running until January 31.

“The Queensland Police Service is releasing this vision as a reminder to all motorists using our roads during this busy holiday period, to do safely,” they say.

There will be a similar crackdown on motorists in all states, with higher police patrols and speed camera deployments.

Just last month NSW police announced a crackdown on stupid driving in regional areas.

Source: MotorbikeWriter.com