Exiting my car, I asked the officer who was dismounting his motor cycle - "what seems to be the problem Sir?" I was directed towards the rear of my car, specifically the tow bar and was told that my towball was partially obstructing my number plate.

"Every letter and figure on a number plate must be clearly visible in daylight to a person standing on the same plane as the vehicle at any point not less than 3 metres or more than 18 metres from the plate looking at the plate along an imaginary line approximately at right angles to the plate; and legible from left to right on a plane level with the ground; and clear and legible at all times."

Regulation 12, Motor Vehicles Regulations 1996

Note from PlayItforward - '"I can see in Photo 3 (top right) that if one were to move left or right, the T or the 0 would be obscured at that level, but not in all other levels. However, the principle of the matter is that a Warning should have been issued for first time offenders"

Out immediately came the blue Expiation Notice carbon copy pad. The officer informed me that extensive education programs had been employed to make people aware of this offence. Not that I was ever aware of it.  We continued talking  $20 was initially entered as the fee and I recall thinking - that's not so bad. The officer paused and proceeded to his side luggage rack on his motorcycle and pulled out some reference material obviously relating to fine amounts. The $20 was crossed out and in its place went $305.00 plus $20 admin fee.

I guess the small mistake was an indicator how quickly I was to be issued the fine, even before the details of my circumstances were talked through. I told the officer that I had just moved house that weekend and he asked me if I had the towball on the car prior to moving and I replied yes that I had had. Now several people at a later date chastised me about this and said that I should have said no, in which case would have constituted as a lie, something to which my conscience did not want to burden.

I also mentioned to the officer that I had been pulled over by the local Police several months before as a random car check and the fitted towball had not been pointed out to me. So how was I to know? Do I like to necessarily complicate my life by purposely ignoring previously imputed legislation in this regard? Of course not.

Despite asking the officer to be let off on a warning as this was my first offence and I was unaware that such a rule existed, plus I informed him that I was only working part time - he replied that he couldn't do that and proceeded to sign off the notice. I told him neutrally that I would rather go to jail as a matter of principle than pay the fine. He nodded. I also told the officer that in my opinion that a police officer should be first and foremost be an educator of the Community and then for repeated offenders - raise revenue. He nodded again.

Despite knowing that I was not getting through to him, I continued to extend courtesy and respect. We shook hands and I thanked him for the privilege and we parted ways. My mind had some ideas as I headed back to the car.

I went straight to the local Police station and spoke with the kind officer there. I was asked if the police officer in concern was on a motorcycle and I replied yes. The local police officer just nodded with understanding and said that there was nothing he could do. He advised me to pop over the road and go and see the Magistrates Court for advice or payment by instalment. I did so but the Magistrates Court was unhelpful and we just talked about discretion or the lack of it.

I popped into a mates place and we took some photos. I went to work and later that day I took off the offending material to which has remained off since.

Original Notice - here

1 August 2007 - Letter to the Expiation Notices Branch - here

29 August 2007 - Letter from the Expiation Notices Branch - Page 1, Page 2

5 September 2007 - Second Letter to Expiation Notices Branch - here. Also sent Proposal entitled Minor Change in State Police Operations. Opted to go to Court.

7 September 2007 - Someone told me about Form 51. More info awaiting.

10 September 2007 - Letter to Commissioner of SAPOL, Patrick Secker MP, Adelaide Advertiser and Frank Pangallo of Today Tonight with all previous correspondence as listed above.

RESOURCES FOR EMPOWERMENT:

RoadSense -  A Great and informative site on the issues surrounding the failure of current road safety policies.

Nyman Gibson Stewart Criminal Defense Lawyers - Accredited Criminal Law Specialists

National Motorists Association Australia - Fighting for Motorists Rights

DriveBlog - Hidden Speed Cameras don't improve safety

Courts Administration Authority SA - For Lawyers and Unrepresented Parties.

Magistrates Criminal Form: Form 51 - Application for Review of Enforcement Order