Helmetless riders

Comment by Martyn P on July 26, 2012 at 7:16pm

Bugger, thats rotten news Paul, sorry to hear it. I had no idea you could get pinged for this amount of cash if you were stopped repeatedly. I just figured that since its such a nonsense infringement, they'd just keep giving you the usual $50 fine. This makes me rethink my strategy of non-compliance which thus far has not resulted in me being stopped despite riding through the middle of the CBD and up Oxford street everyday for the past 3 months.

Comment by Alan Todd on July 26, 2012 at 8:06pm

Is this fourth strike and the matter has to go to court peculiar to Queensland?  I certainly haven't heard of anything similar here.  

Can't you mount a "human rights" defence of some sort?  Or were they abolished back in Joh's day?  It sounds odd that you can't even defend the charge, or at least plead mitigating circumstances allowing the court to exercise discretion in fixing a penalty.

Anyway, really sorry to hear your news.  It is of course an absolute disgrace.

Comment by Paul Martin on July 26, 2012 at 8:52pm

In Queensland (where I am) the fine is $100. I don't know the full technical terminology but effectively an infringement notice is a 'cheap' fine in place of having to go to Court and pay the 'full' fine. 

The 'full' fine is what you would get if you look at the 'Penalty Units' that apply to the particular offence. In this case I think it means that I'm up for a fine in excess of $300. Once you've had 3 notices for the same offence there is a requirement for them to escalate it - I can't remember the term she used.

As there is no defence available in Queensland (unlike in NSW & Victoria where this is a defence of 'necessity' which can be used - both Dan & Sue used this) I'll be forced to pay the fine anyway and also Court costs on top of that. My legal team has advised me a such as well - there is no way out.

I also do not have the time to go to Court as it has been scheduled already - they seem to want a date *on the spot*, and that date is Monday 13th August. I'm working and it would be far more costly for me to not go to work on that day! I'm only slightly annoyed as I find the whole thing just a big joke really... the fine (for me, fortunately) is irrelevant. For most people though, it is a huge deterrent.

The sad thing was that I was on my way to a small group of bicycle advocacy types for a new website idea that we have (nothing to do with helmet laws), filled with useful local advice & knowledge on routes, tips, etc. I was forced to walk home a few kilometres... they were following me most of the way. I didn't bother going back to the city on the congested road they suggested I drive on instead - not even the police *understand* the sort of cycling I'm doing.... sigh.

In the end they all appeared to feel bad for fining me and escalating it so if it means they'll ignore the next helmetless cyclist they pass then it has done some good...

I shall still be writing to the Transport Minister & Premier regarding this. They are the only people that can modify this law. The Courts cannot.

Comment by stephen on July 26, 2012 at 11:44pm

$300 don't feel so so bad - i was talking to a guy recently who indicated his 14yo son riding a minibike was caught by the police who fined him for having a non registered vehicle and not wearing a helmet. !
The 14yo ended up with a $1400 fine which he has to repay $10 per week. How do you do that with no income ?.
Miss a payment they will drag you into the courthouse and another fine hopefully not jail though it's always an option.
Some members of the police force seem to be using this law to target minority groups and basically anyone they don't like especially the less wealthy. :-(
This type of harassment is not unusual at all from what i have seen. And I don't want this happening to anyone - yet another reason this law has to be put to an end.

Comment by Paul Martin on July 27, 2012 at 10:12am

From doing some reading it turns out that I could be up for a $2000 maximum fine.

What's particularly frustrating is that if I choose to go to Court with a lawyer and 'fight' it, I can't. I can only plead guilty, state my case and have the fine reduced or waived. The law cannot be changed, it will be a waste of the Court's time and I'll still have to pay the lawyers (much more than $2000).

Don't you just love laws like this? Can't win either way.

Comment by Neil Alexander on July 27, 2012 at 10:23am

Queensland. Beautiful one day. F@#$ing expensive the next.

Looks like the democratic option is the only way out then.

Just one question, Chief, what is the democratic option?

Comment by Dasher on July 27, 2012 at 10:25am

Argh! I'm frustrated on your behalf Paul! 

Comment by Paul Martin on July 27, 2012 at 10:56am

In Queensland we have a exemption most other states don't have: a letter from a medical officer exempting the use of a bicycle helmet for a 'medical condition' for a 'specified period'.

My father has one, as does my mother and a few of my friends, for the very simple reason that they would rather wear a broad brimmed hat (incompatible with a helmet under the law) as the risk of skin cancer is higher than that of a head injury. The GPs are quite in agreement with this.

It is a route I have not wanted to take as I want to be honest about my objection to the law. However as it is a dead end and the police want to escalate it to ridiculous levels I'm simply going to get a letter this afternoon from a colleague and I'll wear my hat without fear from now on. I'll still fight this law through other means though.

Comment by Paul Martin on July 27, 2012 at 11:28am

I've been discussing this with a friend (who prosecutes in Magistrates cases and also enjoys helmet choice!) and I've decided to go to court and represent myself. It won't change anything other than result in a fine much less than $2000 (hopefully $0) and a chance to at least get it on record. I'll report back.

Comment by KathrynW on July 27, 2012 at 11:34am

Oh my! That bites the big one Paul! What a waste of everyone's time and money. I'd love to know the actual *cost* of three police officers dealing with a recalcitrant lid-less cyclist. And the administration time and the court time, not to mention your time ... what a joke!

Sounds like you're at a bit of dead end in terms of practically pursuing it. I think the medical exemption is wise. I wish I had that option.

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