Cycling in Sydney Australia
Just a heads up that NSW's finest were back in the park this morning fining hordes of riders for not coming to a complete stop at a stop sign. Every rider must completely stop.
One whole bunch fined, a second bunch was split with the front half being fined.
I will try to find out exactly which stop sign from Strava/Facebook posts but thought it might be of interest on here.
Business as usual for NSW.
Have you heard from any of the guys that were given infringement notices whether demerit points will be deducted?
All the googling I'm doing says that NSW legislation specifically says points are only deducted for motor vehicles.
Vic, Qld and WA to not deduct points as far as I can tell.
I've always wondered about this - seeing as a licence to drive a motor vehicle is not a prerequisite for riding a bicycle.
I'm waiting to hear - I asked for it to be reviewed, in part for that reason - the notice said the offense carried a minimum 3 demerit points. I queried this - as well as just generally begging for leniency!!
bicycle offences that do not incur demerit points are listed separately.
If you have a clean driving record for 10 years, you can get off a speeding ticket (<15kms), ie you use up your 1 chance, (as I recently did). Check if the reference to this leniency is on your fine, as it may also apply to other offences.
The NSW Road Transport Act says demerit points can only be incurred for motor vehicle offences - obviously YMMV unless you take it to court.
32 Offences for which demerit points are incurred (cf DL Act, s 15)
(1) The statutory rules may prescribe:
(a) the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points, and
(b) additional offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction for which demerit points may be incurred and the number of demerit points incurred for each offence.
(2) The Authority may, by notice published in the Gazette:
(a) recognise offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction or another jurisdiction that are not on the national schedule of demerit points as being offences for which the Authority will record demerit points against persons, and
Having said that South Australia does have bicycle offences which incur demerit points!! But which specifically do not count against the national schedule of demerit points, so only South Australians committing cycling offences in South Australia can incur demerit points on their motor vehicle licences!! I think South Australia is the only state where bicycle offences can incur demerit points.
Seems the RMS do not agree - from the reply I got from my request for review:
"Under the road rules a bicycle is considered a vehicle and the same road rules apply. Demerit points now apply to this type of offence. For information on the demerit point scheme please contact Roads and Maritime Services on 13 22 13 or visit their website www.rms.nsw.gov.au."
Another reason not to carry a licence or ID then.
That's why I included the proviso that you'd have to take it to court. I wonder when the idea that demerit points now apply to this type of offence gained currency. Sure the "road rules" being the NSW Road Transport Act treat bicycles as vehicles although not as motor vehicles and riders as drivers although not as drivers of motor vehicles. You should contact the RMS and ask them to highlight the statute stating that demerit points now apply to bicycle offences. They'd likely find it difficult - but maybe there is an addenda to the Road Transport Act not shown on legislation.nsw.gov which includes this change to the law.
What a crock!
It's time we sorted this out.
The "now" is indeed very suspicious!
I see that one guy who got done for a stop sign has had the points removed from his license. Anyone who has points awarded to their license needs to get them removed.
I've asked him to write up the process for getting the points removed
I assume you mean that he had no nett change to his points afterwards.
The dispute process would be good to know!