stevenlb21
Police have refused to withdraw an incorrect fine for a rider standing on the foot pegs, even though the “commonsense” practice was legalised in South Australia in 2016 and added to the Australian Road Rules this year.

Tim Byrne (pictured above) says he was riding his Triumph Tiger through some roadworks in Adelaide in January 2018 and stood up to see over the 40km/h traffic when he was pulled over by police.

“At this point I was confused,” he says.

“The female police officer informed me that standing on the foot pegs was an offence.”

Tim says the officer told him: “We have a zero tolerance about the fatal five and riding without due care or control is one of them”.

“Confused, I sucked it up and rode off with my $190 blue piece of paper,” Tim says.

However, he then found that the South Australia laws were changed in December 2016 to allow riders to stand on the pegs while moving if they have both feet on the pegs and it is safe. THe rules have also been changed in most other states.

Tim officially asked for the fine to be waived on the grounds that it was incorrect according to the updated road rules.

However, he received a reply on behalf off the Police Commissioner that said the fine would not be withdrawn.

“The issuing officer has the discretion whether to caution or issue an expiation notice,” the police reply says.

“I am satisfied that the issuing officer has exercised their discretion appropriately and do not intend to interfere (with) that decision.”


Incorrect fines

South Australian rider representative group spokesman Tim Kelly of Ride to Review says it’s “disappointing to learn that riders are still being charged for offences that are no longer applicable”.

“What this means is that even SAPOL aren’t aware of the laws of this state,” he says.

“As such, they could be (or are) fining motorcyclists for offences that commonsense saw end years ago.

“The rider now cops it on the chin or requires legal assistance to determine the validity of the charge and whether it is actually legal.”

Read More Here: https://motorbikewriter.com/police-defend-incorrect-rider-fine/
Cheers......Steve
Penrith, NSW

2015 Indian Chieftain (Indian Motorcycle Red)
"TECUMSEH"
IMRG Membership No.  AU101486

Meanwhile back at the Ranch, Tonto disguised as a door gets his knob shot off !!!.

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CHF10
Court dispute. Thrown out. Done. In fact just the act of disputing it would likely have it withdrawn. 
Live free or die!
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stevenlb21
I agree with you CHF10, let the court deal with it, but how can the  police brass stand by the orginal infringement notice or it a case of stand behind the ground troops.
Cheers......Steve
Penrith, NSW

2015 Indian Chieftain (Indian Motorcycle Red)
"TECUMSEH"
IMRG Membership No.  AU101486

Meanwhile back at the Ranch, Tonto disguised as a door gets his knob shot off !!!.

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crash
This is the way that I see it - and the question is - who is responsible for educating the police department?

If the police officer was told that this was an offence, then they are acting on the information that they have been provided with (doesn't make it right though I agree).  Higher up the tree, they have no choice but to side with the police officer for two reasons, firstly they weren't there and secondly they don't know the circumstances behind the incident (again, doesn't make it right). 

I figure that if the police officer does not have the support of their management then they "could" be constantly overruled making them ineffective.  So this would have been the reason for the response.

The trouble is, in circumstances like this, it needs to go to court so that a precedent is set.  This is what the police listen to.  If it gets thrown out because it is technically incorrect then the police manual will be updated accordingly and the relevant training / bulletin will be provided to the police department.  But until this happens, it will be business as usual. 
Ulysses #30673
IMRG #AU100394
Current: RoadMaster (ebony and ivory)
Highett Victoria Australia
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