A driver who put his arm out the window to stop a Newcastle rider legally filtering through traffic has been fined, leading to a call to make motorcycle helmet cameras legal.
Rider Harry Criticos says he has just received confirmation from NSW Highway Patrol Senior Constable Lee Darby that the driver will be fined.
The offence is: Rule 268 (3) Part of body outside vehicle window/door – $325 fine, 3 demerits.
When Harry first showed local police the video, they were not interested.
“No formal action will be taken as they could not identify the driver of the vehicle,” Harry told us in November.
“The owner of the car was not the driver and they will not tell the police who was the driver. They need to identify the driver to pursue the matter.”
Driver now fined
However, it now appears the HWP has been able to confirm the driver’s identity.
Harry says Lee told him:
The driver was spoken to regarding the traffic incident and he stated that he was the driver of the car at the time but he couldn’t remember what happened. He signed a legal document stating this and he has since been issued with a traffic infringement notice for the offence of part of body outside of window/door – Driver.
Now Harry is concerned that the fined driver may contest the infringement notice.
“But the video evidence will support the fine imposed,” Harry says.
“The message I got from this incident is rather than talking to general duties police, go directly to the HWP and discuss any traffic incident a motorcyclist finds themselves in, and the steps to take.”
Change helmet camera law
He says the incident is also an important example why state governments should amend the laws to allow cameras on helmets.
“If it wasn’t for my camera, I would have had no evidence of the incident and the driver would have gotten away with it,” he says.
“As it stands, I could prove what had occurred and the driver will subsequently suffer financially from their efforts to impede a motorcyclist. Hopefully, they have learnt their lesson.
“I would also like to thank Senior Constable Lee Darby of the Newcastle HWP for his efforts in trying to achieve an outcome and keeping me informed along the way.”