Documents tendered to the court proved Mr Y (name changed) had paid his green slip, pink slip and posted a cheque to the RTA with his rego papers on May 31, 2010.
After posting the letter thinking he had renewed his registration, Mr Y flew from Ballina to Bathurst on June 1, to visit his sick mother, and returned on June 8.
When he got home, although he had not received his registration papers from the RTA, Mr Y presumed it had been paid and began moving green waste to the tip in his ute.
Police conducting random breath tests on Yamba Road stopped Mr Y at noon on June 11.
When he passed the breath test, police noticed the vehicle’s registration had expired on June 2.
When police questioned Mr Y about the expired registration he replied: “I posted it to the RTA.”
It turns out the mail was stuck in transit for more than a week at Maclean Post Office, not reaching the RTA until Mr Yintervened.
After checking with his bank, which confirmed his cheque hadn’t been presented, Mr Y phoned Maclean Post Office staff, who said they had his letter.
But they hadn’t put it with the shared mail for the council chambers.
After a 45-minute phone call to the RTA customer service hotline pleading to be transferred to the Maclean RTA, Mr Y finally spoke with a Maclean staff member, agreeing to pick up the letter in their lunch hour and process the payment.
Mr Y hand-delivered it to Yamba police station at 5.45pm that day, thinking the matter was over
That was until he found a $506 infringement notice on his doorstep a couple of days later, which he challenged in court.
The Magistrate found Mr Y had done everything he could to pay the registration and dismissed the infringement notice under Section 10 of the Crimes Act.
Source: The Daily Examiner, 19/2/11
No comments:
Post a Comment