Road Fatalities Vs Anti-hoon Policing

[Sheng]

PS im not a female either

[Primordial]

You sure Albertina?

[D_I_F]

I love cops.

[Sheng]

Yes!

I'm not that hot right?

[D_I_F]

mmm speed adaption

mmm

it does exsist

you can already buy it... however accuracy is very questionable on local streets

Yea, I dislike you for that. Only kidding

[D_I_F]

Yes!

I'm not that hot right?

You're not a cop!!

[Sheng]

*checks my badge*

it says The Australian Army..

damn..

[madbung]

Ok. let's just disregard the Sections for now.

The police have this thing called 'Sanction by law', which means He/she must state the reason(s) for your arrest, Unless it's under a special circumstances, i.e, Johnney Shitbag robs a bank, police comes in and negotiate with him, sprays him, then cuffs him. So it's pretty obvious that he did something wrong. in Doof's case. he got pulled over, officers could at least tell him something like "Ok, mate, we are here to defect your car, or we are here to search your car, because i have suspicions that you have drugs in your car..."

Doof replies something like: "No worries officer, i have nothing to hide, do what ever you like.."

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.."

BUT.

Whatever the police know or has a suspicion of, does not encounter with What Doof knows. Doof might say "Oh, i didn't know i have those defects, and i didn't know i have those drugs under my backseat. " Office: " Yeah, but it's your car, you drives it, you own it." Doof:" Yeah, that doesn't mean i have to know everything about my car, people sit in it, people puts stuff in it, other people drives it, and officer which section says i have to check everything in my car before i drives. "

I hope this clears up a bit.

I'm not a defence lawyer nor a prosecutor. But rules are there, is not up to me nor the parliament to asking every office to do their job right.

ps please don't pm me to be your lawyer for your traffic offences lol.

For those of you did, i have pmed yous back.

Hahaha lmfao

Any volunteers to test this theory..........

Let me know if anyone does..free giggles are great value

[DECIM8]

When it comes down to it, police are sent out for defect runs.. If your found in that time your going to get pinned.

And how does being arrested relate to defects? your being fined for an offence arrest refers to a civil matter and will need courts to solve

Edited May 8, 2008 by DECIM8

[Primordial]

mmm speed adaption

mmm

it does exsist

you can already buy it... however accuracy is very questionable on local streets

More accurate speed adaptation is definitely on its way via car-to-car communication. 5.9GHz frequency has been reserved in most continents for Vehicle-to-Vehicle (V2V) communication technology. They say cars will be able to 'talk' to each other up to 300m away.

More info here:

http://www.goauto.com.au/mellor/mellor.nsf...A25744100187D43

[DRD-00F]

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.

I never got breathe tested, and he never asked to look inside the car for anything... first thing he asked about is the wing... then told me to pop the boot after I told him it was botled on, at which point he looked where the area of where the bolts would be, but is covered by fabric...

He asked about the wing before I even got out of the car, he definately had no other purpose to pull me over except to defect me...

The ONLY reason he may have had was that I didn't have a P plate on the back (it fell off), if he had radiod in and found out the owner of the car was on Green Ps, then he would have asked... Once I handed my license over, he looked at the back, then at the front, and asked where my back P plate was (to which I was stunned it wasn't there cause it is bolted on, and made the entire trip to and from canberra just the day before!)... So he didn't know that either...

I'm not argueing here, I'm not surprised I got defected, I'm not upset about it, I'm not even blaming the officer... I knew it was bound to happen one day, and I am pretty well prepared for it...

What I don't appreciate though is that he twisted the laws to his own benefit...

[4teecal]

Ok. let's just disregard the Sections for now.

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.

The police have this thing called 'Sanction by law', which means He/she must state the reason(s) for your arrest, Unless it's under a special circumstances, i.e, Johnney Shitbag robs a bank, police comes in and negotiate with him, sprays him, then cuffs him. So it's pretty obvious that he did something wrong.

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.

in Doof's case. he got pulled over, officers could at least tell him something like "Ok, mate, we are here to defect your car, or we are here to search your car, because i have suspicions that you have drugs in your car..."

Doof replies something like: "No worries officer, i have nothing to hide, do what ever you like.."

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.."

BUT.

Whatever the police know or has a suspicion of, does not encounter with What Doof knows. Doof might say "Oh, i didn't know i have those defects, and i didn't know i have those drugs under my backseat. " Office: " Yeah, but it's your car, you drives it, you own it." Doof:" Yeah, that doesn't mean i have to know everything about my car, people sit in it, people puts stuff in it, other people drives it, and officer which section says i have to check everything in my car before i drives. "

I hope this clears up a bit.

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

I'm not a defence lawyer nor a prosecutor. But rules are there, is not up to me nor the parliament to asking every office to do their job right..

Which he did by the sounds of it

ps please don't pm me to be your lawyer for your traffic offences lol.

For those of you did, i have pmed yous back

Ok.

[R338OY]

unneccasry accleration? come on, as long as the wheels dont spin and smoke up the lights what does it matter if i take off faster then everyone else? if i dont speed or break the law dont pull me over.

How do we judge whats excessive acceleration? what is the law? Is it measured in how many mtrs/sec/sec we go?

I totally understand boys. But i get paranoid that when i overtake someone, within the speed limit, that a cop will single me out because Skylines just sound freakin' awesome. Even at 3000RPM they growl (w. 3in exhaust). I just don't want ANY cops to notice me because stereotypically noise = bad behaviour.

[4teecal]

There is no law in NSW specifically related to "excessive acceleration".

[sh@un]

I totally understand boys. But i get paranoid that when i overtake someone, within the speed limit, that a cop will single me out because Skylines just sound freakin' awesome. Even at 3000RPM they growl (w. 3in exhaust). I just don't want ANY cops to notice me because stereotypically noise = bad behaviour.

this is true. i can pick turbo RB-DE engine noise from 3 blocks away

There is no law in NSW specifically related to "excessive acceleration".

well, yeah, there is actually- but of course it's up to Police discretion. i'm sure someone who can be bothered will find the relevant references to 'harsh acceleration' in the road code...

[Primordial]

this is true. i can pick turbo RB-DE engine noise from 3 blocks away

Haha ditto!

[DECIM8]

4teecal, there is a law relating to unessasary accleration from memory. Clearly stated on the RTA with points and a fine awarded. However in a Learners book it says to reach the speed limit as fast as you can in the safest manner.. I guess that means for skylines not sideways hey.

And just hammer it when your over taking as police have to get you for a period of 3 seconds to fine you.. So if you over take in 2 seconds then you'll be fine as long as you slow down again.

[4teecal]

well, yeah, there is actually- but of course it's up to Police discretion. i'm sure someone who can be bothered will find the relevant references to 'harsh acceleration' in the road code...

4teecal, there is a law relating to unessasary accleration from memory. Clearly stated on the RTA with points and a fine awarded. However in a Learners book it says to reach the speed limit as fast as you can in the safest manner.. I guess that means for skylines not sideways hey.

And just hammer it when your over taking as police have to get you for a period of 3 seconds to fine you.. So if you over take in 2 seconds then you'll be fine as long as you slow down again.

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.

[malcolm]

Excellent topic ! & excellent thread !!

Hi there - as someone who's been driving for 31 years and who has always owned "something" with a bit more get up & go than your average car all i can say is that the police have to be seen to be actively "policing" something. Its fair to say that anyone who owns a non standard car in the eyes of society in general is a "bit wild" "out there" and "mysterious". We're the rebels and the minority so it must be us - which is of course complete nonsense - as someone rightly said the number of imports on the road compared to other vehicles is tiny in comparison and "accidents" can be caused by anyone anytime in any car. However there are always brainless twits doing brainless twitty things on public roads like: A- burnouts (the one so called hoon activity ill never get if i live to be a thousand !!) B- racing C- drifing D- speeding & E- having an unsafe car ie: tyres/suspension...ans so on !!

There is ABSOLUTELY NO EXCUSE for doing any of the above on a public road - EVER !! - and if you do do those things on a public road then you deserve to lose your points your license and your car. Save all the "crowd pleasing moves" for the track or better still the dancefloor. I once had the misfortune to witness a little girl playing with a friend in a park in a quiet street come to grief when an out of control driver in an out of control car full of his mates mounted the kurb sideways flew through the air and landed on her - she died after about an hour - just horrific !! So unfortunately it is the odd idiot who helps to keep everyone thinking that anyone in a "hoon mobile" is bad news.

As far as defects go its best to get a real clear picture of what is a"defect" and make sure your car doesnt have any - in all my years driving in Datsun 1600's, a 180BSSS, Datsun 1600 & 2000 Fairlady Sports. 240Z and Skylines i have never been defected once - been pulled over plenty of times too - not being rude or giving "lip" or shit to a policeman can work wonders as well, if you stir him up he's going to give it back to you the only way he knows will hurt you the most and thats with the the book in his hand - there is the odd occasion when a defect notice is given for something that seems a bit over the top but 99.9% of defect notices are given out because thats exactly whats there and if it is obviously unfair take it to court and fight for your rights.

Its really important to educate yourself on all of the laws in relation to motoring on public roads and be prepared for that unexpected random check and if you do see some brainless twit doing something that "could" be dangerous to other motorists or pedestrians or little girls playing in the park remind them or even take the time out to show them a better and more appropriate manner by which to operate their car.

Knowledge is power and it starts with learning whats what & whats not !!

Cheers malcolm

[DRD-00F]

He's right, there is no specific legislation to it, in fact, most of the laws are crudely worded...

You can, and people have, been done under the "Furious driving; Reckless driving; Driving in a manner or at a speed dangerous" clause for excessive acceleration, as it is left to the officers discretion...

Right here I just happen to be browsing the law pages for some info on my defects, which I can not find...