Court upholds defunct riding fine

Ben O’Keefe on his BMW R 1200 GSA - summons

A rider who was fined for standing while riding and summonsed to court five months after the law was axed, has had the court uphold the $280 fine and three demerit points.

Airline pilot Ben O’Keefe of Brisbane says he stood for about 15 seconds to relieve tension in his legs and was fined in October last year. He wrote to the police to contest the fine and never received a reply until the summons arrived in July, even though the law against standing was dropped in February.

“I went into court with the intention of pleading not guilty, but it wasn’t a hearing,” he says.

“If you plead not guilty, they set aside a hearing date and that’s all that happens.

“If you plead guilty, they will ask why you get off and I didn’t want to go back for a lengthy hearing as I don’t have the time. So I pled guilty.”

The short charge read out in court said Ben was standing on the footpegs of his BMW R 1200 GS.

Ben's immaculately turned-out GSA - summons
Ben’s immaculately turned-out GSA

“I admitted that and then (the Magistrate) asked me to explain so I simply stated that I stood momentarily for about 10 to 15 seconds to stretch because riding for four hours causes tightness in my legs.

“I stated that at all times my hands and feet were covering the controls. I did it in a safe area and was not speeding. I also stated the bike is specifically designed to be ridden standing up.” 

(The BMW R 1200 GS owner’s manual actually refers to the folding brake pedal which is to be folded down when riding the bike standing up.) 

“He simply responded that he will impose the penalty and the demerit points and that was that. I really should have asked him why it’s ok for Queensland cops to stretch their legs and stand whilst riding but it’s not ok for us (well now it is!) but I got the impression to just get out of there from him. 

“I’m pissed that I didn’t question him more. 

“Anyway I’ll just get on with it and put it behind me.”

Even Queensland Police sometimes need to flout the rules
Even Queensland Police sometimes need to stand up

Ben says it is ludicrous that the police would pursue the matter five months after the laws had been changed and waste the court’s time.

While the magistrate was legally correct, Ben says the community expectation would be that the fine was unfair given the laws had changed. He says the expectation of a magistrate is that they interpret the intention of the law, not just rubber-stamp police prosecutions like a bureaucrat.

Ben also feels he was the victim of a crammed court and intimidating surroundings.

“The magistrate didn’t want to hear any more,” Ben says. “In hindsight I should have stood there and questioned him, but I got the impression he just wanted to go to lunch and process as many as he could. There were lots of people in court.

“I could’ve tried a bit harder but it’s quite intimidating and there are police all around you.”

While the rule has been changed in Queensland to allow riders to “remove a foot from the footrests to stretch a leg or raise themselves from the seat when riding on uneven road surfaces”, the old rules may style apply in other states unless they have overruled rule 271 in the Australian Road Rules of February 2012.

senate inquiry into road safety
NSW Police take a stand

AUSTRALIAN ROAD RULES – REG 271—Riding on motor bikes

(1) The rider of a motor bike that is moving (other than a rider who is walking beside and pushing a motor bike), or the rider of a motor bike that is stationary but not parked, must—

(a) sit astride the rider’s seat facing forwards; and

(b) if the motor bike is moving—keep at least 1 hand on the handlebars; and

(c) if the motor bike is moving—keep both feet on the footrests designed for use by the rider of the motor bike, unless the motor bike is moving at less than 10 kilometres per hour and either—

(i) the rider is manoeuvring the motor bike in order to park the motor bike; or

(ii) the motor bike is decelerating to come to a stop; or

(iii) the motor bike is accelerating from being stopped.

4 Comments

  1. The ticket was issued when it was an offence to stand whilst riding – months prior to the law change. So an offence was committed.

    The legal system was simlly processing this offence. It’s a slow moving beast.

    The law change means that from the date of the change it is no longer an offence to stand on the pegs. It does not mean that charges for offences prior to the date of the change are withdrawn. That’s not how it works.

    Disappointing article, should have explained this.

  2. So he thought riding for 4 hrs was an excuse to have to stand up to stretch is legs, that was his first mistake to admit. Just like car driving a reviver stretch after 2 hrs is recommended.

  3. Ben, you have now set a case that we all can be judged by , from one R1200 rider to another your laziness will cost thousands of dollars for the rest of us, as a rider you have failed your fellow riders !

  4. Well. the coppers are exempt from the rules.. can even use mobile phones while driving. I came up alongside a copper driving a police Toyota Prado who was texting as he went. Obviously not dangerous to do this if you are in uniform. I guess there is a reason the Detectives call SOME traffic copper “jury busters”. In this case Ben should have gone armed with a solicitor experienced in traffic matters… although it may well have not changed the outcome and just added to his expense on the day! The entire matter is so trifling to start with. The INTENT of the legislation that was in place was to stop skylarking on bikes.. not prosecute riders having a stretch. It would seem however, the law as it was written just gave another traffic cop another kill. Piss poor effort QLPS!

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