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4teecal

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Everything posted by 4teecal

  1. Sorry to saya that 99.9% wouldnt even know. .9% would recognise it and still give you a ticket and .1% may be sympathetic. Car club stickers mean very little You are right. 45 degrees in all directions at a distance of 20 metres and the plate must be gernerally parrallel to the axle Sorry to burst your bubble but traffic enforcement is not new. It has been happening for yonks. You may have just noticed it because you have come under notice.
  2. I think Delonix are taking you for a ride (Nothing like seeking legal advise from a radar detector salesman). You do not have to be stopped. They can record the details, and then complete their inquiries later including speaking to you(They have up to 6 months to prosecute) Yes HWP officera are trained and examined on their ability to estimate speeds. They are accepted by the courts to be experts, however any police officer can issue a sppseeding fine based on an estimation. It is up to them to prove to the court they have doen it correctly
  3. No signs needed. Signs are only used with Speed CAMERAS. Not any other speed enforcement such as lidar, radar, eyeometer, spit on the finger or grandmas birthdate. No.
  4. There is the answer I as going to say as well.
  5. If you had a UK licence why did you even go onto a provisional licence. You would have transferred straight to a full licence. Are you over 25?
  6. Did you also learn that the ombudman deals with serious complaints rather than lost property. Call the Highway patrol supervisor, give them your details and they may be able to find the officer who took them. Being a short period they are more than likely not even at the RTA. If he cant help you then call his supervising offiver at the station where they work. Compensation..........for what. The plates were taken legitimately at the time. When you speak to the police get an event number, and carry that with you if you drive without the plates. Police will take plates if the rego is expired, cancelled or abandoned. Dont ever think they cant touch your car. They definitely have the power to enter search etc. it has nothing to do with suspecting drugs etc.
  7. There is a 10% speedo tolerance in the ADR's for vehicles manufactured after some date like 1976 but your information is incorrect. The speedometer can only 10% MORE than the actual speed of the vehicle. So if you are doing 60km, the speedo can read 66km, not vice versa. Cleveland St has been a 50 zone for years and years. The cameras have been there since last November and there were big flashing messages boards there for 4 months. No point going to court an saying you "Thought you were doing the right speed". You have to prove to a magistrate that either you WERE doing the speed limit or the camera was inaccurate. Good luck trying to prove either of them I'm afraid.
  8. Also increase turning circle, cause wear on tyre by rubbing on well or lip, causing serious defect in tyre and finally pucnture (maybe at speed)
  9. In fact since the introduction of the Australian Road rules the specific offences have actually become far more specific rather than crudely worded or broadly worded as they were in the Traffic Act 1909. As I said, undue or excessive acceleration can be an element of the listed offences but is not an offence in itself.
  10. There is no specific legislation in relation to Excessive acceleration. If there is I welcome anyone to produce the act and section. It does not exist. The most relevent legislation would be negligent driving or street racing legislation which can cover a range of behaviours where "excessive acceleration may become an element of the overall offence but not the actual offence. Driving in a speed or manner dangerous is another offence but once again it is not specifically about acceleration and can be used for a variety of reasons.
  11. There is no law in NSW specifically related to "excessive acceleration".
  12. No. My point is you have quoted a piece of legislation that is not relevent to the situation he was in. You have quoted legislation regarding obligations of police during arrest, which he clearly was not under arrest. I have never heard of the term "sanction by law" by your interpretation is correct. They still must advise him when it is practiable...IF HE IS ARRESTED. Doof says he asked straight away about the wing. The officer suspects the vehicle may be driven in breach of the road tranport legislation either in the fact it may have had a defect (however minor) or he may have been aware he was not displaying P plates, and acted within his rights to stop the vehicle and enter into it to search it for defect. The only thing they stand to lose is perhaps the ability to introduce conversation after speaking to him if the matter goes to court for hearing as they have not exercised their obligation to inform him of their name and station as required under LEPRA, but once again he was not arrested nor issued any infringement notices. Ok now, you may ask "Well he(Doof) knew that he have lot's of defects in his car, which is a crime by the books. And the officers knew that he(Doof) knew that oh shit i have a lot of defects in my car, and I'm gonna get done.." Nope...just confused me a little. He was stopped by using S36A LEPRA, his vehicle could be searched under Reg26 of the Veh Registration Regulations. He can be breath tested under powers conferred by the Road Transport (Safety and Traffic Management) Act. The list can go and on. In regards to driving the defectable vehicle he does not need to have knowledge and the majority of traffic offences are strict liability offences where lack of knowledge is no defence. If on the off chance they found the 10Kg of smack or the dead body in the boot then tey can apply thei requirements of LEPRA, by informing him that he is under arrest, etc etc. There is no legal requirement to do it prior to any of these event, merely upon the belief that they intend to arrest him Which he did by the sounds of it Ok.
  13. Can you explain how it applies when the power to stop the vehicle comes from S36A. He was stopped for either breath test or a breach of regulations. He said he may not have heard the reason. Nonetheless he was not arrested. I can't see how S99 does apply.
  14. While you do lose youe licence, Driving contrary to your licence conditions is not a three month suspension. It carries 7 demerit points so you actually have your licence suspended for losing all your points.
  15. Several factors may negate this argument. Was the offence in NSW. Was the driver provisional P1 licence holder. If this were the case then it is an offence for a P1 licence holder to operate any function of a mobile phone in a car in NSW even if it is not in their hands. Secondly, case law was introduced in about 2005 statign that any communications function is "using". There was recently amended again to cover any function a phone does, and not just communication. You best argument is whether you were holding the phone, but you already said you were holding it in your lap.
  16. No. They arrest you for failing to submit to a breath test Refusing the test is the offence itself. Whether you are sober or drunk does not matter. You have no recourse. It is not false arrest. Many laws refer to this. The one you are looking for is Road Transport (Safety and TrafficManagement) Act 1999 - Sect 13(2) Yes. No. Once again, varying rules relate to this. You are obliged to assist is certain instances such as accidents, serious criminal matters, driving matters etc etc Anything to do with driving of being on a road, being in area known for drug use, behaving in a threatening manner, blocking traffic, being ina an area subject to a public order incident, terrorism incident, major emergencies.
  17. Incorrect. They dont carry them nor have to provide them. Certificates are presented at court if needed.
  18. Everyone is jumping up and down about this new legislation. IT IS NOT NEW.................. The Hoon bill merely adds certain administrative issues to the current legislation. The offences and evidentiary requirements have not changed for years now. It merely give police power to clamp rather than confiscate, to direct a driver to attend a station rather than chase him or her down, and a few other things. A few things have been added such as it is now illegal to film for the purpose of organising or promoting the participation of persons in any such group activity , view, participate or urge/encourage someone to do a burnout or street race. In some ways the law has been relaxed to benefit the driver. Now you dont lose you car permanently until the third offence (as opposed ot the current 2nd offence), and you may even have the option to have your car clamped at you home address rather than have it rot in a holding yard where you pay thousands of dollars in fees.
  19. Those two words that scathing said are the real killers. "Financial ruin" The fine and the points will pail into comparison if he has an accident with something expensive or hits a pedestrian. The insurance company will rip him a new arse.
  20. East at the dinner table or in front of the TV. Whilst there is no specific offence for "eating" the offence of "Not have proper control" can cover a whole range of actions while driving. Think of the crazy old lady driving down the road with a silky terrier hanging out the drivers window. There is one example.
  21. Thre are nearly 13,000 police and only about 750 are HWP Every officer graduating becomes GD's. While it seems that there is such a large portion of police resources targetting "hoons" it is so miniscule compared to everything else that it hardly raises a blip on the figures. The perception that you are targetted in such a large scale is mainly subjective. You are a small portion of what they do, considering crime is targetted 24/7 and you got hit on a Friday night at the Foreshore. You keep saying you are doing nothing wrong. If thats the case you dont get fined or defected. The cops don't make these rules. They are made to enforce them.
  22. They are HWP. Thts what they do. They target traffic and traffic offences. General duties police deal with the fights and robberies.
  23. To answer your questions Six months for the speed and another three for the demerit points. Nine months.
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