Reply To: unregd and uninsured

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Greg Jones

I always look at this as an opportunity to learn about the legal system and how Police tick with a minor matter, rather than having to learn when something serious happens. So I always take these sort of matters to Court and recommend you do the same.

I am currently defending a traffic infringement in court and found this in the Transport Operations (Road Use Management) Act 1995 in force in Queensland. It outlines that enforcement should only be used when someone is unlikely to voluntarily comply in the future. I will be using this as part of my defense and it may be applicable for you too. You should see if there is a comparable ACT in NSW.

Part 4
(1)The following objectives are, as far as practicable, to be applied by anyone wanting to encourage a high level of road user performance and compliance with this Act—
(a)information about their obligations under this Act should be made available to road users;
(b)voluntary compliance should be sought in preference to enforcement;
(c)enforcement should be aimed primarily at deterring noncompliance by road users;
(d)enforcement strategies should, accordingly, try to increase road users’ perceptions of the risk of being detected if they offend;
(e)measures aimed at encouraging compliance should—
(i)target the road users who are least likely to comply with this Act; and
(ii)try to avoid imposing costs on the road users who are likely to comply voluntarily;
(f)appropriate alternative compliance schemes should be used as a way of demonstrating compliance.
(2)Preventing the continued commission of offences and imposing appropriate penalties should be seen as objectives that support the other objectives in subsection (1).