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649 posts

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# 223340 24-Sep-2017 16:42
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Fine received for using T3 lane with 3 occupants in the car. We use the same lane everyday, this is the first time we’ve received the fine. Obviously we are going to object. Do we have to prove that there were 3 occupants in the car or does Auckland Transport have to provide a picture? We see the person wiith the video camera regularly and sometimes he wav s as well acknowledging the 3rd occupant in the car I guess. Do they record alll traffic and someone back in the office reviews the footage and sends out fines after confirming the occupants or how does it work?

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  # 1872097 24-Sep-2017 16:53
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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?


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  # 1872099 24-Sep-2017 17:01
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Ask for a copy of the evidence.  It's up to them to prove it.  





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  # 1872128 24-Sep-2017 18:32
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Simply write to them denying the offence, requesting a defended hearing and full disclosure.


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  # 1872130 24-Sep-2017 18:34
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scuwp:

Ask for a copy of the evidence.  It's up to them to prove it.  



This isn't quite right. In a strict liability offence (such as this one) you have to prove your innocence (roughly speaking)

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  # 1872131 24-Sep-2017 18:35
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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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  # 1872133 24-Sep-2017 18:42
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Interesting black v while opinions above. I’ll be interested to see who’s right. Who’s the lawyer?




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  # 1872136 24-Sep-2017 18:49
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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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  # 1872159 24-Sep-2017 19:58
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Don't they just provide photos like speed cameras?







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  # 1872194 24-Sep-2017 21:33
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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.


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  # 1872196 24-Sep-2017 21:43
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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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  # 1872199 24-Sep-2017 22:01
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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/

 

 


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  # 1872202 24-Sep-2017 22:06
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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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  # 1872471 25-Sep-2017 14:21
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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...





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  # 1872473 25-Sep-2017 14:23
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I would be intrigued in seeing the evidence, I'm interested in how its presented/recorded/quality etc.





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  # 1872589 25-Sep-2017 16:45
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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!>


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