Fine Increase For Driving on Closed Roads in the NT.

[aussieranger Lurker Find all posts View Profile Close aussieranger]

Re: Fine Increase For Driving on Closed Roads in the NT.

Hi all, good to see some discussion on here about this topic but I can't help throw my five cents worth in. To all those people who think it's ok to drive on closed roads you're obviously part of the 5-10% of people who don't read signs or take any notice of anything other than what relates to you. To all the others who support and acknowledge that roads are closed for a reason, here...here.

As a park ranger in the NT and enduring what has been one of the wettest periods on record I can say that many of our roads have been closed for long periods of time and for very good reason. Not only is it dangerous to drive on closed roads but theoretically no one is going to come along if something does go wrong. The other point to be made is that the NT doesn't have the repairs and maintenance budgets of the bigger states to keep on repairing the damage caused by rain but also that is caused by people breaking the law.

I can also tell you that I get pretty damn annoyed when I find someone has screwed up the roads that I then have to endure until work can be done. Of course it's ok for the perp's because they are only there for a day and who cares about anybody else right?

Even just a few days ago someone ignored a road closed sign on Larapinta Drive near Hermannsburg in central Australia and promptly drove into a river and then lost their 4wd due to the excessive flow. Please these laws are there for unselfish reasons and in a lot of cases only put other people at risk and this is from experience and not from someone who wants to get their 4wd dirty just to look the part. Don't try to be a wannabe use some experience and show some responsibility.

cheers

[ntp Addicted PP Member Find all posts View Profile Close ntp]

Re: Fine Increase For Driving on Closed Roads in the NT.

From the NT Govt website:

20 February 2011
Protecting Our Roads and Boosting Public Safety

Legislation aimed at better protecting Territory roads and boosting public safety is expected to be debated in Parliament this week.

Transport Minister Gerry McCarthy said the amendment to the Control of Roads Act means the maximum penalty for driving on a closed or restricted road would increase from $50 to $13,300.

“The Territory road network covers about 36,000 kilometres and is often affected by bad weather meaning roads are often closed or access restricted,” Mr McCarthy said.

“As the recent bad weather and reckless behaviour has shown, driving on closed or restricted roads means emergency services crew have to rescue idiots unnecessarily, putting others who do need emergency help at risk and causing further damage to a road already in need of repair.

“That’s why we are proposing to increase the maximum fine so that the penalty acts as a greater deterrent and better reflects the seriousness and cost of the offence committed.

“Many Territory roads affected by bad weather are crucial to our economy and industry as well as supporting the transport of goods and supplies to our towns and cities.

“The old penalty has been around since the 1950s and the new penalty brings the Territory into line with other jurisdictions.

“The amendment will also provide a defence for those motorists who have a genuine and reasonable excuse for being on a closed or restricted road.”

The fact is, you break a law then you face the penalty. If you have a legitimate excuse, then no worries. And the maximum penalty is just that, the maximum that can be applied. But there are many other considerations that are taken into account before a maximum penalty is applied by the Courts.

Good post aussieranger - hear hear!

[tassie tiger Advanced Member Find all posts View Profile Close tassie tiger]

Re: Fine Increase For Driving on Closed Roads in the NT.

Look, my point is this, revenue collection. Please justify your fine increase NT..

Hey Roo, did you read what I posted before your post (not having a go just asking). My post explains how it works. You would have to be a grade A dufus to get the full fine by a magistrate. Maybe wreck the roads or put lives at risk or something.

[kav Avid PP Poster! Find all posts View Profile Close kav]

Re: Fine Increase For Driving on Closed Roads in the NT.

as much as i don't like to sit on the fence , i can see both sides of this discussion . case in point i was possibly the 2nd last vehicle in to birdsville for the races last year . the roads unbeknown to me had been closed outgoing from birdsville while i was coming in from windorah , i passed all several hundred cars getting out .for the last 100ks i was the only vehicle on the road. what was one of the best dirt roads ive ever travelled on had been absolutely trashed .im in earth moving and i can imagine how long it would take to dry out and repair this road ,one of birdsvilles main arteries . what i can't imagine is the cost to the taxpayers. on the flip side what would i do if some overzealous buffoon with a badge decided that i was on a closed road and should cop $3000 per axle. i would have to go to court and fight it at huge expense . im all for the fines for the doofus's but we need people in positions of authority to apply common sense which sometimes , as we know , doesn't happen and it becomes blatant revenue raising . jesus that was heavy i feel like john laws bye world

[tassie tiger Advanced Member Find all posts View Profile Close tassie tiger]

Re: Fine Increase For Driving on Closed Roads in the NT.

Bullsh!t,

Bullsh1t hey.....

From the second reading of the bill;

"Following consultation with the Department of Justice to identify a more appropriate and contemporary level of penalty, the recommendation was to increase the maximum court imposed penalty for this offence to 100 penalty units which equates to $13 300. Whilst this is a significant increase, there is a need for a significant monetary deterrent and the penalty amount is comparable with penalties in other jurisdictions, for example Queensland has a maximum penalty of $20 000.

The court imposed maximum penalty is for serious breaches only. "

See - court imposed maximum!

Here is the web link;

http://www.austlii.edu.au/au/legis/nt/b ... 2/srs.html

There WILL be an on the spot fine that will be an absolute fraction of the maximum.

Here is a practical example of how it works;

If a dog bites a person and causes non serious injury here is the section;

DOG CONTROL ACT 2000 - SECT 19

19. Dogs attacking persons or animals

(2) If a dog that is not a dangerous dog or a restricted breed dog attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog is guilty of an offence.

Penalty:

Fine not exceeding 10 penalty units. http://www.austlii.edu.au/au/legis/tas/ ... 4/s19.html

A penalty unit is $130.00 so the maximum is $1300.00

If a cop or authorised officer wishes to give you an infringement they go to the regulations which stands alongside the Act.

The regulations state how many penalty units can be applied;

http://www.austlii.edu.au/au/legis/tas/ ... /sch1.html

21. 19(2) Dog attacking person or animal causing non-serious injury - 2 penalty units

The ONLY fine that can be given is 2 penalty units or $260.00. It doesnt matter whether the cop is on a power trip or your best mate, thats all he can do. OR, refer it to court.

Legislation is done like this so the Maximum can be given where needed, by a magistrate, while the courts are not clogged up by using a reasonable (compared to the maximum) fine for the offence. I would bet the fine for the NT would be between $600 and $1300 bucks.

EDIT: Here is how its done in Qld. You go to the section in the Act and in this case disobeying a road access sign;

97 Road access signs

(1) A driver must not drive on a length of road to which a road

access sign applies if information on or with the sign indicates

that the driver or the driver’s vehicle is not permitted beyond

the sign.

Maximum penalty—20 penalty units.

You then go to the instrument which is the State Penalties Enforcement Regulation which states what can be issued;

http://www.legislation.qld.gov.au/LEGIS ... EnfR00.pdf

12 Infringement notice offences and fines for local law
(1) An offence against a provision of a local law that is not an
offence against the person and for which a person may be
punished by a maximum penalty of not more than 50 penalty
units is an offence to which the Act applies (a local law
infringement notice offence).
(2) The fine payable for a local law infringement notice offence
under an infringement notice is, if the offence is otherwise
punishable by a maximum penalty of—
(a) not more than 0.5 penalty units—the maximum penalty;
or
(b) more than 0.5, but not more than 5, penalty units—0.5
penalty units; or
(c) more than 5, but not more than 10, penalty units—1
penalty unit; or[s 13]
State Penalties Enforcement Regulation 2000
Part 3 Infringement notice offences etc. for local laws
Reprint 11 effective 1 January 2011 Page 19
(d) more than 10, but not more than 20, penalty units—2
penalty units; or
(e) more than 20, but not more than 30, penalty units—3
penalty units; or
(f) more than 30, but not more than 40, penalty units—4
penalty units; or
(g) more than 40, but not more than 50, penalty units—5
penalty units.


So in this case the MAXIMUM penalty is 20 units however an on the spot fine can ONLY be (d) which is 2 penalty units.

At last check a penalty unit was $100.00. So the maximum a court can impose is $2000.00 whilst an on the spot fine can ONLY, EVER, no matter what power trip mr plod is on, be $200.00

[ntp Addicted PP Member Find all posts View Profile Close ntp]

Re: Fine Increase For Driving on Closed Roads in the NT.

As I said before, just straight out revenue collecting.

Hardly a good business model for revenue raising. The number of fines issued or persons prosecuted will be so low it won't actually do much at all - the NT is pretty remote and neither the police or rangers have the capacity to patrol these places.

Therefore, this is more of a deterrent than anything. And if someone does get caught, it will most likely be because they got stuck and caused significant damage to the road in the process. In addition, they will probably need to be rescued (isolated road which is closed, most likely due to adverse weather conditions) which'll cost the tax payer a bunch for their rescue too. In this case, the fine probably won't even off-set the costs of the likely recovery... and they will have deserved the authorities throwing the book at them.

My 2c.

[Leethal Advanced Member Find all posts View Profile Close Leethal]

Re: Fine Increase For Driving on Closed Roads in the NT.

Interesting discussion I must say and I have no problem with fines for using a closed road at all.
Unfortunately the reason for a closed road is not always apparent and perhaps we should err on the side of caution.

During the recent Brissy floods a young man ignored a road closed sign to walk down the flooded bitumen road to check the family house, unfortunately a man hole had been washed away, the water wasn't that deep till he stepped where the cover should have been. The result was fatal.

So perhaps we do need "drastic" measures to try and prevent people assuming they know better than those who closed the road.

My thoughts, if there is no urgent must do reason to be on a closed road, don't use it.

Lee

[dreamon Senior Member Find all posts View Profile Close dreamon]

Re: Fine Increase For Driving on Closed Roads in the NT.

In WA I'm told it is $1000 per tyre plus your spares, so it can become an expensive exercise. Then you have the morons that remove the sign so that people go down the track. This happened all the time up North