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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42668
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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When approaching a T section major ghway and a traffic

Customer Question

Hi
When approaching a T section for a major highway and a traffic controller has a stop sign but you want to go through the slip lane that takes you onto the highway to go left but he is at the T section and not further down the road you are coming from to block the slip lane that you are entering into, then is he in the wrong for being in the wrong place or is the driver in the wrong for going through the slip lane?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If there is traffic controller holding up a stop sign then you are required by law to comply with the Traffic controller.

I hope this makes sense?

Customer: replied 11 months ago.
Hi
I have had no response to my question asked? I would certainly hope my $76 would get me a response to the ACTUAL question I asked and not whether it is legal to stop or not at a STOP sign(that bit is obvious but not at all what I asked here?)
Julian
Expert:  Leon replied 11 months ago.

Did you not get my response?

I need a diagram to see how the slip lane and the T intersection are connected. If they are one and the same with the slip lane being an extra lane you have to stop

Customer: replied 11 months ago.
I will send a photo
Expert:  Leon replied 11 months ago.

Can you email it to

***@******.***
Customer: replied 11 months ago.
ok will do
Expert:  Leon replied 11 months ago.

I will get back to you when I receive it.

Expert:  Leon replied 11 months ago.

I have received the photo

If the Traffic Control person is where the red box is then you have to abide by their instructions and you cannot enter the left lane or slip lane as you call it.

If they are standing further back closer to the STOP signs where the white lines are marked showing the slip lane then the slip lane is free for your entry.

But where the red box is you have to follow their instructions.

I hope this makes sense?

Customer: replied 11 months ago.
That is good because it means I am right. The police said I have every right to charge him but would not give me the relevant charge to do so. So this is the reason I contacted you, so as I could be informed as to what to have him charged with to get on with fighting this in court? What is the charge for this and I must admit so far your service is the only one that has helped me properly?
Julian
Expert:  Leon replied 11 months ago.

Good Afternoon

Section 304 of the road rules I think would be the section
http://www5.austlii.edu.au/au/legis/sa/consol_reg/arr210/s304.html

I am not sure what the penalty would be though.

You would have to speak to your employer about how you would bring the charges.

Expert:  Leon replied 11 months ago.

If there is nothing further

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 11 months ago.
Hi Leon
I run my own business so I'm not sure how I am supposed to come up with the relevant charge to press on the traffic controller.
I don't understand why the traffic controller goes to the Police and then the Police come up with the charge of:" Drive without due care and attention" for me on the basis of what the traffic controller sais to them about what happened and yet when I go to the Police to tell them what I think happened they won't then come up with a charge for me to press against the traffic controller? Why do they help him and not me in the same way? It seems like there is no one that can tell me what I am meant to charge him with for dangerously leading me onto a busy highway when he was not supposed to?
I hope you can see what I am saying here?
Many thanks
Julian
Customer: replied 11 months ago.
Hi Leon
Also I think section 304 of the the road rules refers to my obligation as a driver to obey the traffic controller. Of course the issue here relates to the legal obligation of the traffic controller to the driver and how that has been breached?
Julian
Expert:  Leon replied 11 months ago.

I am confused.

Even the Drive without Due Care applies to the driver not the controller.

As the Driver you cannot charge the controller with anything.

Only the controller can have charges bought against the driver.

So if you are the driver I cannot understand what you are trying to do.

Customer: replied 11 months ago.
Ok well nothing personal but don't you think it is terrible that they can charge a driver for actions of the driver brought about by their own conduct/ Is the legal system really that unfair inadequate? I hope you underdtand i'm not being rude here but it makes me sick. So should I just explain to the magistrate what happened without pressing charges then in the hope that he will see where the traffic controller was wrong?
Expert:  Leon replied 11 months ago.

Good Evening

Have you been charged? Yes or no?

If so can you please email me the charge sheet to***@******.***

Expert:  Leon replied 10 months ago.

Thank you

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