Passengers ignored my request and i got fined

Peter G

Member
So upon starting the trip I always ask passengers to seat their belts and usually wait till they are on before moving. 2 pax get in at petrol station and cars are behind so I asked them to put belts on but was striaght out into 70 zone. I forgot to double check.

Rbt pulls me over and i had completly forgotten about belts. Both passengers instead of apologising to the cops. Say i didnt tell them and they didn't know thery were supposed to wear them and start fighting with the police.

I told the officer I asked them to wear and I thought they were. By this stage he is pissed and gives all of us tickets. 6 points and $660.

Should I contest?
 

RateMe5

Active Member
So upon starting the trip I always ask passengers to seat their belts and usually wait till they are on before moving. 2 pax get in at petrol station and cars are behind so I asked them to put belts on but was striaght out into 70 zone. I forgot to double check.

Rbt pulls me over and i had completly forgotten about belts. Both passengers instead of apologising to the cops. Say i didnt tell them and they didn't know thery were supposed to wear them and start fighting with the police.

I told the officer I asked them to wear and I thought they were. By this stage he is pissed and gives all of us tickets. 6 points and $660.

Should I contest?
Worth contesting in court
 

Akong

Active Member
So upon starting the trip I always ask passengers to seat their belts and usually wait till they are on before moving. 2 pax get in at petrol station and cars are behind so I asked them to put belts on but was striaght out into 70 zone. I forgot to double check.

Rbt pulls me over and i had completly forgotten about belts. Both passengers instead of apologising to the cops. Say i didnt tell them and they didn't know thery were supposed to wear them and start fighting with the police.

I told the officer I asked them to wear and I thought they were. By this stage he is pissed and gives all of us tickets. 6 points and $660.

Should I contest?
Get a top notch lawyer and contest.
 

EyesWIDEopen

Well-Known Member
So upon starting the trip I always ask passengers to seat their belts and usually wait till they are on before moving. 2 pax get in at petrol station and cars are behind so I asked them to put belts on but was striaght out into 70 zone. I forgot to double check.

Rbt pulls me over and i had completly forgotten about belts. Both passengers instead of apologising to the cops. Say i didnt tell them and they didn't know thery were supposed to wear them and start fighting with the police.

I told the officer I asked them to wear and I thought they were. By this stage he is pissed and gives all of us tickets. 6 points and $660.

Should I contest?
Yes definitely contest...

If you are a full time uber driver I believe you will get a massive down grade of the points for sure as it's your livelihood and are earning the minimum wage...
Take the fine on the chin as you'll learn from it and the judge will look highly upon this. If the pax were from out of town you'll have more chance to get off.

With an honest approach the system can be beaten...
Good luck
 

fields

Well-Known Member
Just curious, what car do you drive? Most new cars should make a annoying beeping noise when someone is unrestrained. May want to check with a mechanic or auto-eletrician if its not working.

The second most popular Uber car in Sydney is the Nissan Pulsar, it has no seatbelt warning lights nor alarms for those sitting in the rear.
 

uber_driver

Well-Known Member
well few months back high court ruled uber as taxi industry
so if the passenger is over 16, the driver should not be fined as taxi drivers dont get fined in the same scenario
 

westieuber

Well-Known Member
For the record the definition of a taxi is also a private hire vehicle under the NSW Road Rules 2014 and the only exclusion under the definition is that private hire vehicles cannot stop in taxi zones or drive in bus lanes so you cannot be fined for a pax not wearing a seatbelt so long as they are over the age of 16 years. See attachments for the road rules.

Peter G feel free to inbox me and I will help you get off the penalty notice if you like, free of charge without going to the court to do so!
 

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lespaul

Active Member
So upon starting the trip I always ask passengers to seat their belts and usually wait till they are on before moving. 2 pax get in at petrol station and cars are behind so I asked them to put belts on but was striaght out into 70 zone. I forgot to double check.

Rbt pulls me over and i had completly forgotten about belts. Both passengers instead of apologising to the cops. Say i didnt tell them and they didn't know thery were supposed to wear them and start fighting with the police.

I told the officer I asked them to wear and I thought they were. By this stage he is pissed and gives all of us tickets. 6 points and $660.

Should I contest?
This is awful. If you were to start a go fund me page to mount a legal defence I would gladly make a contribution. There's 50,000 Sydney Uber drivers that would benefit from a precedent where leniency was given for drivers in your situation. It's hypocracy that we're treated as taxi drivers for some laws but not others. This would be a landmark case if you had enough funds to fight it. Let us know if you're going to set up a funding page.
 

westieuber

Well-Known Member
This is awful. If you were to start a go fund me page to mount a legal defence I would gladly make a contribution. There's 50,000 Sydney Uber drivers that would benefit from a precedent where leniency was given for drivers in your situation. It's hypocracy that we're treated as taxi drivers for some laws but not others. This would be a landmark case if you had enough funds to fight it. Let us know if you're going to set up a funding page.
No funding required, Uber drivers cannot be fined for a passenger over the age of 16 years not wearing a seatbelt so if they were over 16 the fine has been incorrectly issued, a simple letter pointing out the facts to the SDRO will see the fine withdrawn or better still an attendance in court, no legal representation will be required because it is clearly written in the legislation that private hire vehicles are defined as a taxi with the exception of travel in bus lanes and stopping in taxi zones and bus lanes for setting down and picking up passengers.
 

westieuber

Well-Known Member
And I forgot to mention even though Uber drivers actually cannot be held to account for pax over 16 years of age not wearing seat belts, it is still good practice to make sure they are as a pax without a seat belt during an accident could actually kill or injure you as their body collides with yours etc.
 

EyesWIDEopen

Well-Known Member
This is awful. If you were to start a go fund me page to mount a legal defence I would gladly make a contribution. There's 50,000 Sydney Uber drivers that would benefit from a precedent where leniency was given for drivers in your situation. It's hypocracy that we're treated as taxi drivers for some laws but not others. This would be a landmark case if you had enough funds to fight it. Let us know if you're going to set up a funding page.
50,000 uber drivers in Sydney...??!???
Was arithmetic your strongest subject in school...???
 

weekendnightdriver

Well-Known Member
50,000 uber drivers in Sydney...??!???
Was arithmetic your strongest subject in school...???

There were 13,000 Uber drivers and 68,100 taxi drivers in Australia early last year.
http://www.theaustralian.com.au/bus...n/news-story/bcd7323c8350822d3c590b3ba659e164

Considering the size of Sydney economy in Australia and 96% annual churn rate, I think 50,000 is a reasonable ballpark number including active and inactive ants.

There were 10,000 increase in hire vehicle DA during the last financial year in Melbourne alone, which I think most of them are Uber drivers. Considering cabbies doing Uber on the side and not all ants are getting DA, there may be 3~40,000 drivers in Melbourne alone.
 
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