PFD when driving boat onto the Trailer

[VooDoo]

A court case won in court is not an enacted statutory law. Instead, a court case judgement passed, it set as a "Common Law" case which future cases can refer to it when in argument in court (or between lawyers). If need to refer to it , you will need to argue in court why your situation is the same as to the case described in prior case, hence apply to your case. You might think, "Loading a boat is loading the boat". However, in Common Law's case, it can be vast and very messy.

in the situation where the police believe you not wearing a life while loading boat is heighten risk and issues with a fine, then you have to take up to the court to fight the fine.

What is the cost involved to fight the case? You will need to dispute the fine and wait for your court day, then you take a day off from work to argue your case. Here are three scenario:

1. If you argue the case yourself, providing your know how to to conduct yourself in court and cite the common law case and present the facts and figures to the judge and win, good and you don't pay for the fine, but now you wasted 1 day from work and numerous hours doing your own researches to substantiate your case. Not sure that is worth it. Maybe you won this time, you do it again, and next thing you know, you might cop from the police again, and back to court again to fight it.

2. If you argue the case yourself and somehow lost (be that either you didn't not present well or the judge take the view of police), you cops the fine still, you lost a day from work and time wasted on s\researching...... PLUS any court proceeding costs. This can mount to $1000 costs. Is it worth it ?

3. Get a lawyer to fight it: True this is the best solution to ensure winning. But the costs to engage a lawyer?


So what is the best solution ? Get the government to actually define that in the Statutory Act. But then I think wearing the vest is EASIER than get government to change law...... just my 2cent worth....

Don't think you are that crazy Chenski!!

Well said !! :thumbsup: :thumbsup: :thumbsup:

[frozenpod]

Chen whilst those comments are very true that is the wrong approach.

Hence why I said take it up with your local polli as this needs to change.