WA Radio Scanner Users' Group

I got done for going thru a stop sign on monday.I didnt and am thinking of going to court to fight it.My question is,is there a maximum distance a police officer can be from the stop sign and judge if you did go thru a stop sign. The stop sign is at abercrombie and thomas rd,the police officer was near the traffic lights on thomas rd and gilmore ave,some 175+ meters away and down a hill.
Thanks Grant vk6ngs

IMHO the best place to get advice would probably be from a lawyer.

Can I ask, did you come to a complete stop?

An ambulance driver told me if you are stopped behind a car or number of cars at a stop sign you will win as you have stopped and the law doesn't indicate that you must stop within a certain distance from the line... apparently.

You have to completly stop for 3 seconds.

Turbo wrote:An ambulance driver told me if you are stopped behind a car or number of cars at a stop sign you will win as you have stopped and the law doesn't indicate that you must stop within a certain distance from the line... apparently.

Don't think I would put to much faith in this argument. Look at the following quote from Drive Safe book, found on DPI website,

At an intersection controlled by a ‘STOP’ sign, you must stop your vehicle and give way to all traffic travelling along or turning from the intersecting road. You will notice a line marked across the road before the intersection where there are ‘STOP’ signs. You must stop at the line. If for some reason you have to stop back from the ‘STOP’ line, you must stop again as close as you can before the line when you move forward. If there is no line, stop as close to the intersection as practicable but before entering it.

And if we want to get more specific, her is the actual rule from the Road Traffic Code 2000.

Part 7 — Giving way
Division 1 — Places with a stop sign, stop line, give way sign or
give way line applying to the driver

50. Stopping and giving way at a stop sign or stop line at an
intersection without traffic-control signals

(1) This regulation does not apply to a driver approaching or at an
intersection if the intersection is controlled by traffic-control
signals.

(2) A driver approaching or at an intersection with a “stop” sign or
stop line shall —
(a) stop at the stop line; or
(b) if there is no stop line, stop as near as practicable to, but
before entering, the intersection.
Points: 3 Modified penalty: 3 PU

Basically you have to come at a complete stop at the stop line. There is no mention about the time you have to remain stopped for, however it is good practise to stop for several seconds, as it makes it obvious that you have stopped.

Sometimes I've found it necessary to roll through about 1/4 a car length through the stop sign and then stop so you can see around close by street-parked trucks that block your view. No idea if that's legal or not... but the key word is stop

Speaking of such Gavin, observer is there anything in the Traffic Code regarding stopping over the line? I always thought you can't have any portion of your vehicle over the line although I've never sighted said law.

It does not state anything about stopping over the line. Basically you have to stop at the line. Saying this once you stop at the line there is nothing stopping you from moving foward and stopping again.

Thanks all for the response.I know i stopped,what im trying to find out before i make up my mind to fight it,is there a distance that a police officer has to be to the stop sign to judge if you didnt stop.In my case they were some 175+ meters down the road at the bottom of a hill.In all cases its your word against there,s and even if you did stop its hard to prove it.Thats why im trying to find out if 175+ meters away from the stop sign is to far away to judge who did and didnt stop.Thanks Grant vk6ngs

Try asking at a police station first. They may have an answer I expect the distance would vary. Depending on the officer's visibility, and the conditions at the time. I'd be surprised if they said the officer could be no further than 25m away for example because they then wouldn't be able to pull you over for really running a STOP sign at a distance of 30m away.

From what I understand (and I am no expert on this act) is that there is no mention anywhere as to where the police must be located, or how close they must be, in relation to observing an offense such as this. Probally what you want to do is determine that at the location that the police caim to be at, can they clearly see the stop line. If not document this (photos may help). Also ask yourself did you stop at the line or did you stop one or more car lengths away? Also did you come to a complete stop for more than 1-3 second (I have seen people swear black and blue that they have stopped, but when observing from the outside their car is still rolling, be it slowly, and never comes to a stop).

To me without evedience it is basically "I said, he said, so who is right?". If you wish to fight it have some sound arguments behind you.

Ive been to police station to ask,they wont tell me a thing,except if your not happy with the ticket go to court.In response to observer,from were the police were sitting they cant see the white line,cant see the stop sign as there,s a power pole in front off it.If they could have seen the line & the sign i wouldnt be thinking of taking it to court id cop it on the chin.My argument is if they cant see the line and the sign because they were 175+ meters away how can they give me a ticket.I dont want waste the courts time if i havent got a chance in hell of proving i didnt do it,thats why im asking does the distance they were away from the stop sign come into play or am i banging my head against the wall.
Thanks Grant vk6ngs

vk6ngs wrote:... thats why im asking does the distance they were away from the stop sign come into play or am i banging my head against the wall.

I don't think the distance matters as much as how well they can see with regards to obstructions, terrain etc. You could be 10m away and not be able to see a thing coz a skip bin truck drove past at the critical moment

If you do decide to take it to court, you'll probably want to be represented by a lawyer. So it might be a good idea to consult with one now and lay out the information you've mentioned in here and say "so ... do I stand a chance?"

They'll be able to advise much better than any of us can

I would seek a lawyer first, remember the court mostly takes the side a police officer and rightfully so...

I thought I replied to this thread yesterday?