This is the way to conduct yourself when pulled up by the Department of Transport employees or police officers to avoid hefty fines and infringement notices issued to yourself, or the company you are driving for.
1. When you are pulled over, always BE POLITE to the officers and say hello.
2. Then ask: “Is your bodycam working?” This is a crucial question. If they reply with a yes, this is a good thing for you. If they reply with a no, or why, go to step 3.
3. Explain that you are asking this for the officer’s safety and your own personal safety. Advise that you wish to have their bodycam on recording for everyone’s safety. Tell them that it will also assist you when you personally subpoena the officer/s to court for costs and restitution. Explain that: “The reason for this is, I believe today’s interaction could be considered as an unjust and unfair interception relating to non-safety or noncompliance issues.”
• e.g. You did your prestart check before you left for your trip, everything was working at the time. Therefore, you can not be held responsible for any issues that may have occurred during your trip on the unroadworthy roads that our government has supplied us with.
4. If the officers would like to continue, turn your vehicle off straightway and make sure the parking brakes are applied, exit the cab, and move towards a safe spot to speak with the officer(s). Do not speak to them through your window.
5. If the officer asks you to remain in the cab, let them politely know: “I am not going to incriminate myself for anything that may not be working at this point of time, because I know it was all in working order when I did my prestart check.”
• Once on the ground, politely offer the keys to your vehicle to the officer(s) and welcome them to conduct their own safety check personally of your vehicle and you can stand back, relax, and watch them do their job.
Understanding the law, these officers must hold valid licences for your vehicle to engage the ignition. Otherwise, they are breaking the law themselves by operating a vehicle without the correct licence. (As you are aware, you can be done for drink driving while you are sitting in your bunk after your shift is over if the keys are still in the ignition)
This is why it is so important to say you will subpoena them to court. Because the next highway robber in the system is their prosecutor in court who most likely doesn’t know the difference between a Western Star and a Kenworth.
6. If you are still issued with an infringement notice and/or fine after this conversation, gracefully accept the paperwork from the officer(s) and let them know politely you will see them again in court.
7. Do not be afraid to take time away from work to go to court as it will be in your best financial interests to deal with this matter, instead of just paying the fine. Fill in the back of the infringement notice, elect to take the matter to court and send it off. You can represent yourself without the additional costs of a solicitor, lawyer, or barrister, aka another dairy farmer milking your wallet. As for the officer(s), No one is exempt from being subpoenaed within Australia.
8. You will receive confirmation that your appeal has been received by the courts and you will have a court date set. Make sure you appear and are prepared for your day in court.
9. Court appearance day: Be prepared with a copy of your driver’s logbook for the day only of the infringement, and a copy of your prestart check for that day and your driver’s licence. Do not over dress. Do not wear sunglasses on your shirt or on your head. Remove your hat when you enter the courtroom. Proceedings will go something like this: The judge will read the charges. He (or she) will ask you if you need representation. You answer: “No thank you, your honour”. He will then read the charges and say you may be seated. You reply with: “Respect to you and your court your honour, I wish to remain standing.” Keep your hands together behind your back. This shows respect to the judge. The judge will then ask the police prosecutor for comments, or more information about the fine. Just listen without speaking. The judge will then ask you for your comments about the infringement/fines before him. You reply with: “I did my safety check prior to leaving the base and everything was in good working order at that time. However, our roads out there your honour are atrocious and hard on the equipment.”
If it is an infringement was issued on your logbook for minor time discrepancies, you will need to approach this with information about traffic conditions on that day.
E.g.: “I left the base, during my journey there was a breakdown on the freeway causing delays. After this, I came upon an accident which caused more traffic delays. Build up on the on/off ramps around the cities also causes delays. As you can see your honour, my logbook times were not out by very much before I was able to get to a nominated rest area. There are very limited rest areas in and around the city and is still limited heading out towards the open roads.”
10. The judge should then ask the prosecutor to respond again and if the prosecutor’s reply is not adequate i.e. if the police prosecutor cannot produce his/her witnesses (the DOT officers or police) to support these claims he is making from that day, with their bodycam evidence to be played before the court, you can politely ask the judge to dismiss this matter and award you with your costs and restitution for yourself and/or your company.
Disclaimer:
I am not a solicitor, lawyer, or barrister. This information is of my opinion and my opinion only. If you would like some more information, please don’t hesitate to contact me via my email: weswalker63@gmail.com.
- Gatton-based Wes Walker is a former truck driver and long-time truckies’ advocate who is best known for his campaigning to give truckies portable toilets at the Gatton pads.