Red light turning right Glen Eira to Kooyong

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Red light turning right Glen Eira to Kooyong

Postby Russellg » Tue Mar 21, 2017 9:40 am

Thank you for providing this forum.

I received a red light camera infringement notice for being 0.6 sec in the red whilst turning right from Glen Eira Rd into Kooyong Rd (going north). Penalty $389 + 3 demerit points.

There were two other cars in front of me turning right as well. The first car stuttered and moved slowly through the turn which caused me (as the third car) to roll over the line in the red (not that I noticed at the time). It was like being in slow motion. I had my aged father in the car at the time (returning him to his aged care facility) so even if I had noticed, I wouldn't have slammed on my breaks. It didn't occur to me that I had done anything wrong until I received the infringement notice in the mail. I was just driving as any reasonable driver would driven. In my view, even if there had been a policeman standing on that corner watching, he would not have pulled me up for any offence.

In the last 3 years I have no fines or demerit points. Over 40 years of driving I have had 2 minor traffic infringements.

I feel that the punishment is manifestly unreasonable.

I am contemplating taking this to court and would be grateful for your views as to whether you think I would have a reasonable chance of success.

Thank you

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Re: Red light turning right Glen Eira to Kooyong

Postby Hardy » Tue Mar 21, 2017 10:17 am

The punishment might be unreasonable in your case, but it is a universal punishment that can only be changed by askimg a court to comsider your specific circumstances.

Sometimes drivers commit themselves to making the turn when they are many car lengths back from the intersecton, and no matter what happens in the interim they feel it is their entitlement to make the turn, especially if they have been waiting in the turn lane for a whole cycle, and especially if a driver ahead of them causes a delay which puts them at risk of missing their chance to take the turn. So in some situations drivers don't pay enough regard to the change of the lights as they are about to enter the intersection. Sometimes they need to abandon their expectation that they are going to make it through the intersection this cycle. The solution is to make an observation of the light as the driver nears the pedestian crossing line and if the light or arrow is not green then they need to stop. If they focus all their attention on the cars ahead of them or on the oncoming traffic or pedestrians then they risk not noticing the change in the lights. If it is too hard to do all those things at once then they might need to drive slower when approaching the turn.

As for getting any satisfactoin in court, you have the option of pleading not guilty and seeing if the police can prove you committed the offence, else plead guilty and beg for a lower fine or even a s.76.

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