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Location:
Brisbane
Registered:
October 2003
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QLD RTA DEFECTS & FINES
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Sun, 04 September 2005 10:53
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G'day guys,
A friend of mine has just been pulled over and handed 6 fines -
#1. Driving a defective vehicle: although the Traffic management officer could not name any defects other than #2.
#2. Driving a vehicle with an illegal modification: all he saw was what looked like an air con. compressor with a pipe coming off, and he didn't know what it was, resulting in a defect.
the other fines we are not questioning cept 1. one of the tickets was not signed nor dated. Will this fine be valid, or can it be dismissed as it is not completed?
As far as i can see, the two fine as stated above are for exactly the same sh!t. It is the same as speeding, lets say 7kph over and why not throw in some reckless driving aswell.
I do not see how someone can be fined twice one the same matter. Has anyone had similar problem/s? Can anyone shed some light on the subject for us?
Let me hear some of your thoughts.
- Daniel
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: QLD RTA DEFECTS & FINES
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Sun, 04 September 2005 11:06
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if the ticket isn't dated it's invalid.
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Location:
Brisbane
Registered:
February 2003
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Re: QLD RTA DEFECTS & FINES
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Sun, 04 September 2005 14:27
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what he said ... but get some legal advise before you front up in court to challenge a poorly written fine. They might argue it was one of six notices and wasn't required to be dated but the ticket would have to states it's one page of multi-page notice.
You may want to get a lawyer to help you draft a letter stating that you'll pay fines 1-5 but will challenge fine 6. Magistrates always like it when you cop some kind of punishment.
..on second reading of the post - are you sure they're not:
- driving a defective vehicle
- making an illegal modification to a vehicle
which would be two different fines.
And if you want to challenge the defect notice, the best thing is again to talk to a real lawyer and also get a safety-certificate style inspection by an engineer (not by a dodgy certificate issuer) to see if the alleged defect is infact a defect.
good luck - hope you've got deep pockets? because good justice usually costs.
cheers,
Charles.
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Location:
brisbane
Registered:
December 2004
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Re: QLD RTA DEFECTS & FINES
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Mon, 05 September 2005 04:18
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lol thats why i dont take the car out on thursday nights anymore... they talk shit until they find something or make something up haha...
and there the law they can do what every they want.. but the police dont like being taken to court if you have grounds to go to court id go. but your mate may be blacklisted happened to a mate of mine he gets picked on every time he used to take it out after that day
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Location:
Brisbane
Registered:
October 2003
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Re: QLD RTA DEFECTS & FINES
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Wed, 07 September 2005 08:36
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cheers guys, but i don't think there is much we can do about it. we havn't got the cash to throw into a court case, nor the time. we usually don't take out our cars unless we are heading to the mountains due to the hoon laws.
- daniel
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Location:
Toronto, Downtown
Registered:
September 2004
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