If you think you’re driving, you’re out of your mind
I can hear you all saying ‘WTF’ right now.
Firstly look at the legal definition of driver, basically someone paid by someone else to drive a vehicle. So ask yourself “was anyone paying or employing me while I was just doing that?”
Likely the answer was no unless you were at work. So if it is in your own time you are not a driver, a driver is an occupation or at least part of an occupation if you drive and do other things for work.
You are not a driver if it is just a means of transport to your place of work.
Drivers license if you are a driver you certainly need this, if you are not a driver it is completely optional, but will cause other complications around registration and insurance.
Even if you have a drivers license and receive an infringement notice, got back to the golden question, “Were you employed and being paid for the time at the exact moment of the alleged infringement?”.
If the answer is no you are not liable.
Don’t argue the point at the roadside, remember the thug has a gun and other nasty stuff (batons, OC spray, etc.).
Just play the paper war later on, it’s far more frustrating for the police, and far safer for you.
Just take what ever paper they give you, and admit nothing.
Never leave the vehicle if at all possible.
So take your infringement notice and read it carefully, find the address for correspondence and write a letter noting the reference number of the infringement notice and the person who issued it.
Tell them something like in the letter.
<your address for mail>
xx//yy/201x (the date)
<their address for mail>
Dear Mr/Mrs/Ms <Policeman/Policewoman>
Re: infringement notice #XXXXXXXXXXXX
Please produce the wage slip that proves that I was the driver at the time.
Please prove your claim in a properly constituted court of law.
<your own name>
They will most likely reply by withdrawing the fine and replacing it with a warning, unless you injured someone, smashed into something ( an injured party exists) or it was for drunk or stoned driving.
The correct court for these fines legally is the high court (though some people will argue no court in Australia is actually legal), which is going to cost them at least $800 just to file the complaint, to try to prove their claim ( the infringement notice). If the cost they might win from paying $800 upfront is less than $800 they are going to lose no matter what happens. This is the true nature of the legal system here it is all about the money. All law is commercial law, keep that in mind when you are dealing with the police lawyers and the courts.
They only exist to make a profit, if there is not profit they simply don’t care.
If this is the only research you have done, you haven’t done enough, but you have started in a good place.
I will add more later relating to entirely commercial nature of law and how we have all been tricked into accepting it.
You are not driving a car, you are traveling in an automobile, while you are not liable to pay fines or infringement notices, you are liable for damage you cause to other parties.
If you pay fines, you’re out of your mind.
Don’t believe it?
Its 3/4 of the way down this page:
Make them take you to court and get a conviction, which is harder for them than you think.
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