Transport Issues

PUBLIC TRANSPORT FINES

Many students are being fined when travelling on public transport. You may receive a transport infringement notice if you If you commit, or are suspected of committing an offence on public transport. The fines for these offences are fairly substantial.

The main fines students receive are:  

• Failure to produce a valid ticket upon request 
• Failure to provide evidence of concession 
• Having your feet on the furniture of fittings

All of the above offences carry a fine of $162.00. Furthermore, graduated penalties apply for repeat ticket and transport infringements within a three year period. For example, you may incur a fine of $162.00 for failure to produce a valid ticket. The same offence will attract a fine of $216.00 if committed a second time. If you incur subsequent infringements you will be fined $216.00.

PENALTY NOTICES AND FINES

Many government bodies can issue infringement notices (on-the-spot fines). There are various options available to you.

DON'T:

Do nothing. If you fail to pay the fine within the time allowed on the notice you will be sent a reminder notice, which will include added costs for late payment.

If you still fail to pay the fine the issuing authority will register the matter with the Infringements Court which will make an enforcement order against you for the amount of the fine plus further added costs.

If you do not pay the penalty and added costs an infringement warrant will be issued to recover the debt together with more costs. A warrant allows the Sheriff to collect the debt from you. The Sheriff will usually come to your home. If you can't pay the Sheriff you will be given a 'seven day notice'. If the debt remains unpaid for 7 days the Sheriff can seize and sell your assets to pay the fine. If you have no assets the Sheriff has the power to suspend or cancel your licence, put a wheel-clamp on your car or motorbike, apply for a wage deduction order or arrest you and take you into custody.

You can be jailed for one day for approximately every $100.00 that you owe. Jail is usually a last resort.

DO:

Pay the fine within the time indicated on the notice and that will be the end of the matter. Be sure to get a receipt from the government authority as proof of your payment.

• Nominate another driver. If you own the vehicle yet were not in charge of it when the alleged offence took place you can advise the government authority of this within 28 days of receiving the penalty notice.
• Write to the issuing agency and request that they waive/review the fine.
• Request that the issuing authority give you more time to pay the fine or request that you be allowed to pay the fine by instalments.
• Request to have the matter heard in the Magistrates' Court. This gives you the opportunity to explain your side of the story to a Magistrate as to why you should not have to pay the fine(s). Click here for Self Representation in Court. If you are considering this option it is important that you visit the Legal Service first.
• Apply for revocation of an enforcement order. This option is available if the penalty has been issued with the Infringements Court. You can apply for revocation if you:

1. Did not commit the offence or had a valid reason for committing the offence.

2. If their were special circumstances involved

3. You did not receive the infringement notice /notices from the court

You should visit the Legal Service if you wish to apply for revocation of an enforcement order. Note that if an enforcement order is revoked this does not mean that you don't have to pay the fine. Once revoked, the matter will be referred back to the issuing authority who have 20 days to decide whether to withdraw the fine. If they do not do so within this period of time, the matter will be listed to be heard in court. Unfortunately, around 80 percent of revocations are rejected by the issuing authorities.

TRAFFIC ACCIDENTS

The Legal Service deals with a high number of traffic accidents every year. Traffic accidents cause students much stress as they often have not bothered to insure their vehicle. Students are often only covered by the Transport Accident Commission Levy, commonly known as compulsory third party which is paid at the time of their renewal of car registration. This only covers claims by other persons for personal injuries.

Some drivers do not turn their minds to the financial risks they expose themselves to in the event that they are involved in an accident and become liable for the damages to someone else's vehicle. They may lose their own car as well.

If you have been involved in a motor vehicle accident and another driver's vehicle has been damaged, you should make an appointment with the Legal Service as soon as possible.

If you do nothing the matter could end up in court. Going to court can be a very costly. Furthermore, court hearings can be very unpredictable as a matter can be won or lost for a wide variety of reasons. Many claims arising out of car accidents run by the legal service never get to court but are settled beforehand. This is a far cheaper way out for students.

BICYCLES

More students than ever travel by bicycle these days. In terms of property damage, cyclists are exposed to the same risks as motorists should they be involved in an accident. Cyclists should therefore seriously consider taking out some insurance. Bicycle insurance is fairly inexpensive too.