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I guess they have to provide evidence, and if they can't provide it they can't fine you. What if someone ducks down for some reason just where the video camera is?
Ask for a copy of the evidence. It's up to them to prove it.
Lazy is such an ugly word, I prefer to call it selective participation
Simply write to them denying the offence, requesting a defended hearing and full disclosure.
scuwp:Ask for a copy of the evidence. It's up to them to prove it.
As above, they are the 'prosecuting agency', they have to have evidence of the offence.
Write to them and tell them you deny it, ask for the evidence.
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eracode: Interesting black v while opinions above. I’ll be interested to see who’s right. Who’s the lawyer?
Well it's a bit of semantics in a way, everyone is kind of right. AT doesn't have to prove the mens rea portion of the offence (that the OP intended to drive in a T3 lane without having three occupants), but they do have to prove the actus reus portion (that he did drive in a T3 lane with less than three occupants).
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Thanks for the replies. Yeah we will write to them accepting that we drove in T3 lane but with 3 occupants and ask them to provide evidence. I should have mentioned that one of the occupants is a baby in a car seat but very hard to miss as the car seat is on the same side as the camera. Will be interesting to see what they say when we ask for evidence.
quebec:
Thanks for the replies. Yeah we will write to them accepting that we drove in T3 lane but with 3 occupants and ask them to provide evidence. I should have mentioned that one of the occupants is a baby in a car seat but very hard to miss as the car seat is on the same side as the camera. Will be interesting to see what they say when we ask for evidence.
There is your problem! babies don't count as a occupant clearly!...
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Any comments made are personal opinion and do not reflect directly on the position my current or past employers may have.
hio77:
quebec:
Thanks for the replies. Yeah we will write to them accepting that we drove in T3 lane but with 3 occupants and ask them to provide evidence. I should have mentioned that one of the occupants is a baby in a car seat but very hard to miss as the car seat is on the same side as the camera. Will be interesting to see what they say when we ask for evidence.
There is your problem! babies don't count as a occupant clearly!...
Babies do count, we checked before starting to use the lane and have been using for almost 6 months. Read point 7 https://www.nzta.govt.nz/roads-and-rail/ramp-signals/priority-lane-faqs/
quebec:
Babies do count, we checked before starting to use the lane and have been using for almost 6 months. Read point 7 https://www.nzta.govt.nz/roads-and-rail/ramp-signals/priority-lane-faqs/
was sarcasm...
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Any comments made are personal opinion and do not reflect directly on the position my current or past employers may have.
timmmay:
I guess they have to provide evidence, and if they can't provide it they can't fine you. What if someone ducks down for some reason just where the video camera is?
Then they deserve a slap.
I hear tinted windows and blowup dolls work well...
I would be intrigued in seeing the evidence, I'm interested in how its presented/recorded/quality etc.
pbgben:
timmmay:
I guess they have to provide evidence, and if they can't provide it they can't fine you. What if someone ducks down for some reason just where the video camera is?
Then they deserve a slap.
I hear tinted windows and blowup dolls work well...
That's what I have found.
Ohh, you mean for the T3 lane? <whoops!>
Most of the posters in this thread are just like chimpanzees on MDMA, full of feelings of bonhomie, joy, and optimism. Fred99 8/4/21
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