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Our rights as motorists, can they make us show then whats under the hood?

Gamatron

By Gamatron,
in Engines & Forced Induction

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Links Veteran

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Posted
Posted

The other problem many people might not consider is that every time you are pulled over the police enter this in their system.. from than on you will get a dirty look when they check your plates and probably a harder time because it will have details of previous incidents..

personally if you have nothing to hide just let them look.. it's not worth the trouble of being pulled over and them asking you "so did you enjoy your trip to (insert place where you were last pulled over)".. happened to a mate of mine who got searched falsly for illegal substances..

Steve Grand Master

Steve

Posted
Posted

AMARU, in your first link, it states:

(2) Power to search An authorised officer may search a vehicle or combination for compliance purposes, if the officer believes on reasonable grounds that:

(a) the vehicle or combination has been used, is being used, or is likely to be used, in the commission of an offence under an applicable road law or in the commission of a breach of an approved road transport compliance scheme...

So, all they have to see is that the tyres are bald, or you have a box on suspect origins (not oem) mounted somewhere in the cabin - a bit of rust around a window, sounds a bit louder than oem, aftermarket wheels,etc to have reasonable grounds. An 'authorised officer' I think you will find includes police officers - they are within their powers to enforce the Road Transport Act.

Police do not have the power to search your vehicle unless they suspect on reasonable grounds tha you have either committed an indictable offence

it actually states that he can search your car if he has reasonable grounds. Your post is misleading - if it stated they can only search your car if.... then you would be correct. I think you will find that most states are the same, they have allowances for search under different areas of the road traffic act AND criminal law. Shouldnt get them confused as meaning because they can search in a give scenario, its the only time they can search - may find yourself on the wrong end of the law.

Amaru Veteran

Amaru

Posted
Posted
So, all they have to see is that the tyres are bald, or you have a box on suspect origins (not oem) mounted somewhere in the cabin - a bit of rust around a window, sounds a bit louder than oem, aftermarket wheels,etc to have reasonable grounds.  An 'authorised officer' I think you will find includes police officers - they are within their powers to enforce the Road Transport Act.

Correct, however I can not find any documents anywhere saying a police officer is an authorised officer under this legislation. Find me a document that says so, and ill gladly believe you :)

it actually states that he can search your car if he has reasonable grounds.  Your post is misleading - if it stated they can only search your car if.... then you would be correct.  I think you will find that most states are the same, they have allowances for search under different areas of the road traffic act AND criminal law.  Shouldnt get them confused as meaning because they can search in a give scenario, its the only time they can search - may find yourself on the wrong end of the law.

Not confused at all. The first link falls under road traffic act, and states an authorised officer can search your car. As far as I can tell, an authorised officer is an inspector from the Roads and Traffic Authority.

The second link is police powers and their limitations under the law. It clearly states that police officers need to have reasonable grounds to believe you have been involved with an indictable offence or could pose a risk to public safety. Im not following you saying they just need reasonable grounds. Reasonable grounds for what? I have reasonable grounds to believe your dog is ugly so I can search your car can I (assuming im a police officer)?

It specifically states...

A police officer may exercise any or all of the vehicle search powers in respect of a vehicle (or class of vehicles) on a road, road related area or other public place if:

(a) the police officer suspects on reasonable grounds that:  

(i) the vehicle (or a vehicle of the specified class of vehicles) is being, or was or may have been, used in or in connection with the commission of any indictable offence, and  

(ii) the exercise of the powers may provide evidence of the commission of the offence, or  

(B) the police officer suspects on reasonable grounds that circumstances exist on or in the vicinity of that road, area or place that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.  

It clearly says, that the police officer has to suspect on reasonable grounds that the vehicle was involved in an indictable offence.

P.S: I know in ACT the legislation is quite similar, and police cannot search your car for defecting. I dont live in NSW, so it doesnt really concern me as to the rules of NSW. I do not know wether a police officer is a "authorised officer" or not. From what I can find/see, the only "authorised officers" are RTA inspectors.

INASNT Grand Master

INASNT

Posted
Posted

In vic atleast if your car is on a public road they have the right to check your car. Even if you say no they can use the excuse of suspecting you of carrying drugs or a weapon.

If its on private property however they need a warrant. So next time you see the flashing lights behind you drive home and put your car in the garage before you stop :)

Bekkyboop Mentor

Bekkyboop

Posted
Posted

well my copper mate agrees with all of this... He said that they have to suspect there is something illegal (or something like that)... In my experience the cops around my old town werent too bad, and they only went to town on cars with the owners being idiots. So if you have nothing to hide, then dont worry... IF you do have something to hide, then its a completely different story.

Ill try and find out from him if the police are classed as authorised inspectors too.

raz0r$harP.UK Grand Master

raz0r$harP.UK

Posted
Posted

Just on what you said Amaru, if you look up the definitions in s3 of the Road Transport Act (here):

"authorised officer" means:

(a) a police officer, or

(B) a person appointed as an authorised officer, or a class of persons appointed as authorised officers, under section 121 (Authorised officers), or

© a person (or a person belonging to a class or description of persons) prescribed by the regulations.

Section 121 here.

Vijay

Amaru Veteran

Amaru

Posted
Posted
Just on what you said Amaru, if you look up the definitions in s3 of the Road Transport Act (here):

"authorised officer" means:  

(a) a police officer, or  

(B) a person appointed as an authorised officer, or a class of persons appointed as authorised officers, under section 121 (Authorised officers), or  

© a person (or a person belonging to a class or description of persons) prescribed by the regulations.

Section 121 here.

Vijay

Ok then, a police officer can search your car in NSW for defecting purposes :)

scathing Grand Master

scathing

Posted
Posted
(2) Power to search An authorised officer may search a vehicle or combination for compliance purposes, if the officer believes on reasonable grounds that:  

(a) the vehicle or combination has been used, is being used, or is likely to be used, in the commission of an offence under an applicable road law or in the commission of a breach of an approved road transport compliance scheme...

So, all they have to see is that the tyres are bald, or you have a box on suspect origins (not oem) mounted somewhere in the cabin - a bit of rust around a window, sounds a bit louder than oem, aftermarket wheels,etc to have reasonable grounds.

So basically, if your induction note is anything but whisper quiet, then there's reasonable grounds to assume you've got an filter or BOV which might not be ADR compliant, and you have to pop the hood.

If you have a visible FMIC and you can't produce an engineer's certificate, there's another modification that could breach ADRs.

In a nutshell, most of us pretty much have got no grounds to refuse.

Gamatron Enthusiast

Gamatron

Posted
  • Author
Posted

“After all would you feel ok about throwing the book at someone who seems like a decent sort of guy?” (Sorry but I dono how 2 do that quote box)

Ne way where im from (GoldCoast QLD) cops will c an import and usually jump all over it. I don’t mean to discriminate but I think that a story on the news showing Lebanese (apologies if im wrong) in imports telling the cops to get fuc*t and all sorts of crazy shit you only see really drunk guys getting thrown outa clubs doing, but since that report cops have been very hard regarding young import drivers.

But what I want to know is,

In qld say for arguments sake my exhausts to loud (and these days anything over stock is too loud) too low, my windows are to dark, I have a pod and a greddy bov under the bonnet which is held down with bonnet pins.... should I say sho me a warrant n ill show you what’s under my bonnet so should I just act dumb and open it?????

Steve Grand Master

Steve

Posted
Posted

If you say show me a warrant, be prepared for he cop to drop your strides and bend you over - being a smart ass has never, that I know of, helped anyone.

If you think they unfairly defected you, or treated you in any way, speak to a lawyer - thats my advice anyways.

Really, if you are doing the wrong thing, and get caught, wear it

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