Stopping in No Stopping Zone

Genna
Posts: 4
Joined: Thu Jul 23, 2020 1:43 pm

Stopping in No Stopping Zone

Postby Genna » Thu Jul 23, 2020 3:24 pm

Hi all,

In December last year driving taxi along High St, Prahran I had to stop my cab after the intersection of Chapel St in No Stopping zone due to one of my passengers just had opened the rear passenger door while I was driving ready to leave the cab. I stopped to get the money from another, front seat, passenger. At that time the first passenger jumped towards to the trunk to pick up his belongings. Before I take money from the second passenger my trunk was already opened and emergency lights on. It took no more than two minutes to get money when I got out of the cab, shut the trunk and go.

A few weeks later I have an infringement notice from the Stonnington city council for the stopping in No Stopping zone. From their web site I could see a few pictures taking from someone’s dash cam with 1-2 seconds difference. From all pictures it is clearly seen that my trunk is opened and emergency lights are flashing. So, I had asked for the internal review explaining the reason for the emergency stopping telling them that I was on the position to breach Reg 269 of the ROAD SAFETY ROAD RULES 2017 driving with open door or stop at No Stopping Sign zone.

Two weeks later I had a letter from the city council telling me to pay or go to the court. If I go to the court do I have a chance to win the case? I heard from some taxi drivers they used to win in this particular situations.

Hardy
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Re: Stopping in No Stopping Zone

Postby Hardy » Thu Jul 23, 2020 9:44 pm

I'm confident I could win the case if you take it to court, but not because of anything you mention in your written confession. Problem is if you use a lawyer - even at half price - it will cost many times more than the fine. If you go to court without a lawyer and pretend you are the victim, you might avoid a fine or get a low one by pleading guilty. If I was a taxi driver and the passenger opened the door while in motion I would just keep driving - perhaps towards a police station - until they closed it.

Genna
Posts: 4
Joined: Thu Jul 23, 2020 1:43 pm

Re: Stopping in No Stopping Zone

Postby Genna » Fri Jul 24, 2020 3:06 pm

Thank you Hardy!
I still have two more weeks to re-think about $165 fine.

Genna
Posts: 4
Joined: Thu Jul 23, 2020 1:43 pm

Re: Stopping in No Stopping Zone

Postby Genna » Fri Jul 24, 2020 9:08 pm

Hello Hardy,
can you tell me what should I concentrate on in my defense please, if the value of my fine does not worth to have a lawyer?

Hardy
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Re: Stopping in No Stopping Zone

Postby Hardy » Sat Jul 25, 2020 7:03 pm

No I can't. It is all legal theory and statutory interpretation - and has almost nothing to do with parking rules. You'd need to study over a dozen Supreme Court and High Court cases. It would take much longer to teach you than it would take me to do it myself.

Genna
Posts: 4
Joined: Thu Jul 23, 2020 1:43 pm

Re: Stopping in No Stopping Zone

Postby Genna » Sun Jul 26, 2020 9:53 am

Well, thank you anyway.

FarSur81
Posts: 16
Joined: Sun Dec 22, 2019 10:55 am

Re: Stopping in No Stopping Zone

Postby FarSur81 » Wed Sep 09, 2020 11:33 am

I thought you were permitted to stop for up to 2minutes in a no stopping zone for the purpose of dropping off or picking up passengers, as long as you the driver do not exit the vehicle. ?????

I remember this from some newspaper article about traffic near a newly built picture theatre, and that was the purpose of the no stopping zone, the council put in, bu removing 2 parking bays.

Correct me if I am wrong.

Q. Did you as the driver exit the vehicle?

Hardy
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Re: Stopping in No Stopping Zone

Postby Hardy » Wed Sep 09, 2020 1:57 pm

You're talking about a No Parking zone under rule 168, which has a P in a crossed circle. You can stop there for 2 minutes or the indicated time, but you can't park for longer.
A No Stopping zone is rule 167, which has an S in a crossed circle. You can't stop there for even 2 seconds.

FarSur81
Posts: 16
Joined: Sun Dec 22, 2019 10:55 am

Re: Stopping in No Stopping Zone

Postby FarSur81 » Wed Sep 09, 2020 2:47 pm

Hardy wrote:You're talking about a No Parking zone under rule 168, which has a P in a crossed circle. You can stop there for 2 minutes or the indicated time, but you can't park for longer.
A No Stopping zone is rule 167, which has an S in a crossed circle. You can't stop there for even 2 seconds.


OH !

I has been Corrected


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