NSW Riding a Scooter in Car Park Without a Helmet?

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Adam1user

Well-Known Member
5 January 2018
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Hi all,

I found this site and read some of the info in here, it seems very good site.

I am facing this issue which I am planning to go court:

Last time I was riding my maxi scooter is a car park of a shopping centre (has several big retail stores: toysRus, Good Guys, Bing Lee, Supercheap Auto, etc...). I visited the first shop and was heading to other shop, so I rode my maxi scooter without wearing the helmet.

I was not going more than 10k/hr, the shop was about 200/300 meters away. As I was heading there, two police officers were walking (crossing the street) from a fast food place to their car. The first office saw me and asked me to wear the helmet, I agreed (of course) while the second officer was still crossing the street (or lane in the car park) and was in front of me, so I did not turn left to park as I would run the second office down.

I was waiting for the officer to cross completely so I can park and wear the helmet, I think the second officer thought, I did not listen (or respect the request) of the first officer, then asked for my drivers licence and gave me a ticket. I am sure that the first officer did not intend to issue a ticket as he was just informing me, but he had to stand and agree with the second officer ( I think the second officer may be higher in rank. Anyway that does not matter, as I know the officer will not take my side and not his partner).

Now, I am planning to go to traffic law court, not to dispute it (very strong language) but to ask the court to assist me in waiving the ticket or issuing section 10 (if it applies), the reasons I am putting forward:

1- I have a good driving record (for more than 10yrs),

2- I was in a carpark and not on main street, and,

3- I was not even in a high speed, less than 10k/hrs,

4- I am working contract and finished my last contract last Dec and will not work till next Jun (earlier if I'm lucky), [Seasonal work].

I would like info if there are any laws or regulations that I can rely on in addition to my reasons above (example : riding in a car park etc....), or any help from anyone with info/experience in traffic cases that can give me direction.

I admit it is was wrong, but the law is meant to prevent accidents mainly (and save life secondly), I am sure that there was no risk to me or to anyone else in the car park. This is common sense but the law is the law and does not rely on common sense but I like feed back on whether the Magistrate would consider the above and issue section 10 if possible.

Thank you for reading my post and for any comments provided to assist.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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This isn't my area or state, but I suggest you pay the fine and move on. As you stated "I admit I was in the wrong". Falling over at 10kmh and hitting your head can kill you, and the helmet laws are in place to prevent injury. I think your arguments are moot in the face of that.
 

Adam1user

Well-Known Member
5 January 2018
571
32
2,219
This isn't my area or state, but I suggest you pay the fine and move on. As you stated "I admit I was in the wrong". Falling over at 10kmh and hitting your head can kill you, and the helmet laws are in place to prevent injury. I think your arguments are moot in the face of that.

Hi, thanks for your comment, although you are not in NSW, but I am not sure whether section 10 can be applied in this case? Is section 10 applicable to all states or just NSW?

Would the Magistrate consider to issue a section 10?

Thanks,
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Forget section 10 and all that.
You don't have a legal leg to stand on.
Just pay the fine and move on with your life.
 

Adam1user

Well-Known Member
5 January 2018
571
32
2,219
Forget section 10 and all that.
You don't have a legal leg to stand on.
Just pay the fine and move on with your life.
Hi,

Thanks all for your comments, but it is actually not the amount I'm worried about. I have a clean driving record and I don't want the points, although not paying would help, but that is not my main reason.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Too bad.
Pay the fine and let the points (3, isn't it?)
be a lesson to you.
 

Doohan

Active Member
9 January 2018
5
1
34
This isn't my area or state, but I suggest you pay the fine and move on. As you stated "I admit I was in the wrong". Falling over at 10kmh and hitting your head can kill you, and the helmet laws are in place to prevent injury. I think your arguments are moot in the face of that.[/QUOTE
Hi all,
I found this site and read some of the info in here, it seems very good site.

I am facing this issue which I am planning to go court:
last day I was riding my maxi scooter is a carpark of a shopping centre (has several big retail stores: toysRus, Good Guys, Bing Lee, Supercheap auto etc...), I visited the first shop and was heading to other shop, so I rode my maxi scooter without wearing the helmet, I was not going more than 10k/hr, the shop was about 200/300 meters away, as I was heading there, two police officers where walking (crossing the street) from a fast food place to their car, the first office saw me and asked me to wear the helmet, I agreed (of course) while the second officer was still crossing the street (or lane in the car park) and was in front of me, so I didnot turn left to park as I would run the second office down, so I was waiting for the officer to cross completely so I can park and wear the helmet, I think the second officer thought, i did not listen (or respect the request) of the first officer, then asked for the licence and gave me a ticket. I am sure that the first officer did not intend to issue a ticket as just informing me, but he head to stand and agree with the second officer ( I think the second officer may be higher in rank, anyway that does not matter, as I know the officer will not take my side and not his partner).

Now, I am planning to go to court, not to dispute it (very strong language) but to ask the court to assist me in waiving the ticket or issuing section 10 (if it applies), the reasons I am putting forward:
1- I have a good driving record (for more than 10yrs),
2- I was in a carpark and not on main street, and,
3- I was not even in a high speed, less than 10k/hrs,
4- I am working contract and finished my last contract last Dec and will not work till next Jun (earlier if I'm lucky), [Seasonal work].

I like info or advice:
if there are any law or regulation that I can rely on in addition to my reasons above (example : riding in a car park etc....)
or advice of anyone with info/experience in traffic cases that can give me advice or direction,

I admit it is was wrong, but the law is meant to prevent accidents mainly (and save life secondly), I am sure that there was no risk to me or to anyone else in the car park. This is common sense but the law is the law and does not rely on common sense but I like feed back on whether the Magistrate would consider the above and issue section 10 if possible.

Thank you for reading my post and for any comments provided to assist,

Pretty sure a shopping centre car park is private property.

I don't think they can book you for not wearing a helmet on private property.

I would be fighting it !
 

Clancy

Well-Known Member
6 April 2016
973
68
2,289
Pretty sure a shopping centre car park is private property.
I don't think they can book you for not wearing a helmet on private property.
I would be fighting it !

That is true, however, the technical difference might be that although the car park is privately owned, it is 'public access'.

Still, cannot hurt to speak to the center management about it... but even if they sided with you, can you prove exactly where the offense occurred? No one can guarantee the police would not 'adjust' the offense location... In which case, still, the best option is to pay the fine.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,878
715
2,894
Sydney
Pretty sure a shopping centre car park is private property.
I don't think they can book you for not wearing a helmet on private property.
I would be fighting it !
Whereas I am quite sure that a shopping centre car park is
a road-related area within the meaning of Rule 13(1)(d).
And yes, you can commit that offence in a road related area.
 
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