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Location:
Canberra
Registered:
May 2002
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neg driving... ?
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Wed, 10 July 2002 08:55
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hey all!
can anyone point me to the law on when and where a negligent driving offense can be given? is there actually a law that states somewhere that if you're involved in or caused an accident you get a neg driving?
I can only find the following reference:
from National Road Rules, Part 18, Division 1, Page 305
297 Driver to have proper control of a vehicle etc
(1) A driver must not drive a vehicle unless the driver has proper
control of the vehicle.
Offence provision.
and a thing in the ACT Road Rules Guidelines booklet that says "the wise driver adjusts speed to suit traffic and road conditions, and drives within his/her ability"
they don't specify the grounds on which a neg driving charge is given.
they don't specify anywhere that if you're in an accident you automatically get a neg driving! 
any lawyers out there??? or anyone who's disputed and had one withdrawn?
Cheers all
- Nick
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Location:
Brisbane, QLD, Australia
Registered:
May 2002
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Re: neg driving... ?
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Wed, 10 July 2002 12:58
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What's the story? Were you on the mobile phone and then ran up someone's arse?
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Location:
Canberra
Registered:
May 2002
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Re: neg driving... ?
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Wed, 10 July 2002 22:04
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okely...
story goes like this:
driving home after a work dinner on a friday night, to get ready to go out.
raining slightly, the roads weren't too slippery.
Turning right into my street there's a few large ripples in the corner.
This normally isn't a problem, even in the wet. I normally would go round at about 55, 50 if its REALLY wet. I have good tyres.
I wasn't in a hurry, and i KNEW it was wet, so round I went at about 35-40.
That night however that corner felt like there was oil or something on it - no traction at all for either power or braking (ABS still does nuttin when it's too slippery), ended up with me saying hello to a tree at about 35 km/hr.
Car needed towing, so cops had to come give me a breathalyser. 0.00 of course.
I have a previously clean record, not even a formal warning in nearly 7 years of driving.
I've done a few driver training courses, and have never had an accident (woman backing into me in a carpark doesn't count - it wasn't my fault).
I wasn't speeding, i was driving to the conditions of the REST of the road.
That corner was abnormally slippery, and that was what caused the accident.
So why should I still get a "negligent" driving charge, when I was in no way being negligent or careless?
bah.
- Nick
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Location:
Western Sydney
Registered:
May 2002
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Re: neg driving... ?
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Thu, 11 July 2002 11:32
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Nah, from experience, the incident needs to be a fair bit more serious. I ran a red light on the way to work one day (wasn't trying to beat the orange, just missed the change as I was changing lanes and the sun was right behind the traffic lights). Anyway, a Falcon collected the passenger side of my Celica. Result $3500 damge to the Falcon, $500 to sort of fix the Celica, $30 in bog, and 3 points off my license for running the red light.
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Location:
Sydney- Sutho Shire &...
Registered:
June 2002
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Re: neg driving... ?
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Thu, 11 July 2002 11:54
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If your car has to be towed from the accident site then you will get charged.
A mate of mine who pranged my old ae82 (and I still talk to him ?) made sure he drove it a few metres off the highway so that it was technically not towed from the scene. His Dad was a cop and he knows this kind of stuff.
The exact details on how it works, I don't know sorry.
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Location:
Western Sydney
Registered:
May 2002
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Re: neg driving... ?
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Fri, 12 July 2002 13:35
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I got towed, but no neg driving.
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Registered:
May 2002
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Re: neg driving... ?
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Sat, 13 July 2002 08:36
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I got a similar story which may be of interest.
Dad was driving my 86 Celica, reversing out of the carpark, paused when he saw a 4WD. The 4WD stopped, and then waved him on. He begun moving backwards again, and on the other side of the road (it is a thin lane) there was a truck reversing into a no parking zone at the same time. They are both moving, Dad collects the light fitting (it was a table top, so the arse sorta went under), it breaks off, it does about 400 dollars worth of damage to the corner of my car, and about 30bucks worth to the truck.
The guy gets out, demands that Dad give him $100bucks for his light, Dad tells him to get nicked (so to speak) because there is over $400 worth of damage to my own car. He gets back in the car, and drives off.
The guy was at just as much fault as Dad, they both hit each other, however Dad was leaving a legal park, the truck driver was parking illegally to go to the pie shop.
Anyhow, long story short, the bloody truck driver rings the police, they turn up to our house, and charge dad with negligent driving, and failure to exchange details.
This is my dad, a driver of over 40 years, a perfect record, who now cops a neglegant driving record.
Sortof similar, wonder if anyone can explain that?
Jimbo
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: neg driving... ?
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Sat, 13 July 2002 09:28
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if you leave the scene of an accident where any sort of damage is done where you may be partly or wholly at fault, you're gonna get screwed by the cops ... always best to exchange details then argue it out at the police station, or local court if need be
and I'd also heard that if any car involved in an accident needs to be towed, generally the cops slap a neg drioving fine on the person at fault... though I dont know how that'd go with "unforseens" such as oil on the road...
if in doubt, e-mail the RTA .. they're been wonderfully helpful to me in sorting out what I can and can't do, and what I can use as excuses to get out of certain things 
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