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Speeding - Company Car - Legality issue

Speeding - Company Car - Legality issue

Old Aug 12th 2010, 3:58 am
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Default Speeding - Company Car - Legality issue

1, obtain speeding fine

2, Company get fine and delay sending it back to say it wasn't them driving, and are told they have to pay $700 odd

3, Company get told if I go do a stat dec saying I WAS the driver, i'll get the fine forwarded and comany won't be laible (I did)

4, Company (it appears) once again take too long to send this form back

5, Company just tell me I'M now liable for a $2,000 fine

Anyone ?!?
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Old Aug 12th 2010, 4:18 am
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Default Re: Speeding - Company Car - Legality issue

not sure ,but surely if u write/phone them and explain u r more than willing to take the points and pay the fine,and that the company's delay can hardly be deemed ur fault.
good luck
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Old Aug 12th 2010, 5:47 am
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Default Re: Speeding - Company Car - Legality issue

Thats not how it works. As soon as they nominate another driver then the new driver has an obligation to pay the original fine.

Fines for late nomination (if there are) are the responsibility of the company and the roads agency "should" forward only the original fine to you.

You dont have control over the company's inaction and any court would recognize that
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Old Aug 12th 2010, 6:27 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by PaulandNic
1, obtain speeding fine
2, Company get fine and delay sending it back to say it wasn't them driving, and are told they have to pay $700 odd
3, Company get told if I go do a stat dec saying I WAS the driver, i'll get the fine forwarded and comany won't be laible (I did)
4, Company (it appears) once again take too long to send this form back
5, Company just tell me I'M now liable for a $2,000 fine
Anyone ?!?
None of this makes sense.

At Step 2, the company should have completed a Statutory Declaration to say "the person who was driving was PaulandNic, go and hassle them for the money and points". They shouldn't have to pay anything - except perhaps if they don't return it within the given time?

It sounds like they're trying to keep you out of the process and giving you everything second hand. How big is the company? Difficulty may be that they can ram the fine sideways but the result is that they hold it against you as a grudge - even if it was their fault. I'm assuming that this was a fine that came in the post, not that you were stopped and given one by an actual cop; and that you're not the person within the firm that was responsible for receiving fines and then responding to them.

Do you have a union? Have you sought advice from them?

You can also get employment-related advice from FairWork Australia: http://www.fairwork.gov.au/Pages/default.aspx

Also from Community Legal Centres: http://www.qails.org.au/

http://www.police.qld.gov.au/program...fringement.htm for reliable info on the fines process.
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Old Aug 12th 2010, 9:25 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by lapin_windstar
except perhaps if they don't return it within the given time?
Yes, this was the case. When they didn't they was given a $700 fine and when they chased it up, was told if I did a stat dec stating I was driving, all would be sorted out and i'd just pay original fine.

BUT! ... it's looking like something or other wasn't done in time and there's talk of a $2,000 fine. Also this happening in NSW isn't helping apparantly, but am over it to be honest ... whatever! ... la la la !

Cheers for the links ...
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Old Aug 12th 2010, 10:58 pm
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Default Re: Speeding - Company Car - Legality issue

Why not give the fine agency a call in NSW?
I did when and called Fines Victoria once and actually they were very helpful over a question as to what I would have to pay.
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Old Aug 12th 2010, 11:23 pm
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Default Re: Speeding - Company Car - Legality issue

This happened to me mate, s'all good.

Apparently once you transfer the problem to yourself as the driver, the issue in effect becomes two seperate fines. They cancel the company fine, and re-send you the fine in your name. The former company fine becomes works problem, the new designated fine becomes yours. My company also dragged their heels but I just rang the number on the fine and explained to the operator and they allocated a new date by which to pay by.

Sorted
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Old Aug 13th 2010, 2:30 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by PaulandNic
Also this happening in NSW isn't helping apparantly
Not relevant to the company's fine for sending it in late but don't forget that if you have a clean driving record (10 years? and that includes overseas driving record) and this is a first speeding offence (and it's not too ridiculous), you can write to the SDRO and ask nicely to be let off because you won't do it again.
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Old Aug 13th 2010, 5:01 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by lapin_windstar
Not relevant to the company's fine for sending it in late but don't forget that if you have a clean driving record (10 years? and that includes overseas driving record) and this is a first speeding offence (and it's not too ridiculous), you can write to the SDRO and ask nicely to be let off because you won't do it again.

Ha ha. Good luck with that. It says on the fine paperwork for speeding, that they cannot comment on your 'good name/reputation' so don't write to them and ask them to cancel your fine on the basis of this. This includes your clean driving license,never been caught speeding before, blah blah blah.
It is not a defence. Sadly.
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Old Aug 13th 2010, 5:47 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by lapin_windstar
Not relevant to the company's fine for sending it in late but don't forget that if you have a clean driving record (10 years? and that includes overseas driving record) and this is a first speeding offence (and it's not too ridiculous), you can write to the SDRO and ask nicely to be let off because you won't do it again.
Originally Posted by TiddlyPom
Ha ha. Good luck with that. It says on the fine paperwork for speeding, that they cannot comment on your 'good name/reputation' so don't write to them and ask them to cancel your fine on the basis of this. This includes your clean driving license,never been caught speeding before, blah blah blah.
It is not a defence. Sadly.
Unfortunately a bit of a lead foot so not gonna happen ...lol, but I DID hear this yesterday about the first one and getting off it.
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Old Aug 13th 2010, 8:49 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by TiddlyPom
Ha ha. Good luck with that. It says on the fine paperwork for speeding, that they cannot comment on your 'good name/reputation' so don't write to them and ask them to cancel your fine on the basis of this. This includes your clean driving license,never been caught speeding before, blah blah blah.
It is not a defence. Sadly.
I do hate to disagree with you, old bean, but I am afraid - in NSW at least - you have the wrong end of the stick:

"For what reasons can I request a review of a penalty notice?

You can request a review of a fine if you can prove it was incorrectly issued or if there are special circumstances.

Examples of these circumstances are:

* you have a mobility parking permit, but received a fine for parking in a disabled zone
* you received a parking fine when your vehicle had broken down
* you parked longer than permitted because of a medical emergency
* you have a minor traffic offence and have been driving for at least 10 years before the offence without having a driving offence or demerit point fine recorded against you.

You need to supply documentary evidence to support your claim. The SDRO Review Guidelines contain more information about the type of documentary evidence and scenarios we can consider."
http://www.sdro.nsw.gov.au/frequent_...ws.html#pnwhen

You're right that it's not a defence because you're still guilty. They can just choose to use their discretion not to proceed with collecting the notice.

I know this because I did it within the last year... (It was a fair cop, guv ).
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Old Aug 13th 2010, 9:11 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by lapin_windstar
old bean
Oh you hob nob you! ...
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Old Aug 13th 2010, 1:37 pm
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by PaulandNic
Oh you hob nob you! ...
Hey, I've turned over a new leaf and I'm going to be nice from now on! In the old days, that would have been a page and a half of sweary bile and insults.
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Old Aug 13th 2010, 2:35 pm
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by lapin_windstar
Hey, I've turned over a new leaf and I'm going to be nice from now on! In the old days, that would have been a page and a half of sweary bile and insults.
good on ya!
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Old Aug 16th 2010, 6:56 am
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Default Re: Speeding - Company Car - Legality issue

Originally Posted by lapin_windstar
I do hate to disagree with you, old bean, but I am afraid - in NSW at least - you have the wrong end of the stick:

"For what reasons can I request a review of a penalty notice?



You're right that it's not a defence because you're still guilty. They can just choose to use their discretion not to proceed with collecting the notice.

I know this because I did it within the last year... (It was a fair cop, guv ).

Right, now go and download the PDF... and it says that they cannot review your penalty on the basis of your good character, which includes how long you've had your license. The main website and the 'request a review' publication are in opposition to each other. If you were given leniency, you're lucky!
Also did it in the last year though mine was dismissed for different reasons.

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