Driver Rights when getting fined. - Page 4 - Perth-WRX.com

DAN682 · #31 29-04-2007, 08:15 PM

Quote:

Originally Posted by Fozzy

Most unmarked cop cars have.. A siren, roof magnet revolving light,deckblasters and rear dash mounted lights these days...

The the two coppers sitting in in give it away..

I reckon a magistrate might side with the coppers..

Those cars, of course I would pull over for. I am talking about the cars with sweet FA on them.

skitzyrex1 · #32 29-04-2007, 08:48 PM

Quote:

Originally Posted by Giddyup

But then we just chase them up under the ownus that they must tell us who was in the car. Its the law now, if they dont they go to court and there are big fines for that.

Yes, and a good friend of mine who is a copper tells me to just give 100 names down of possible drivers.

Kato · #33 30-04-2007, 08:47 AM

Quote:

Originally Posted by skitzyrex1

Yes, and a good friend of mine who is a copper tells me to just give 100 names down of possible drivers.

If you (the vehicle owner) cannot give the exact name of the driver, you (the vehicle owner) will receive massive fines now.

If your vehicle is in a business name, bend over now.

The new law basically says that if the owner of the vehicle cannot keep record of who was driving the vehicle at the time, they will be punished accordingly.

EXPLICIT · #34 30-04-2007, 10:25 AM

You weren't done on the spot, leaving it open for speculation. Go get a GOOD lawyer and stick it to them. Many a loop hole there, just get a good lawyer.

Agreed, if there's no official light/siren, be it an unmarked car, i won't stop for shit. Had an older gent trying to get me to pull over a few years ago, flashing and pulling up alongside, until the light was on the roof i wasn't going to stop. I explained myself when i pulled over and he agreed. Its a police nazi state but doesn't mean you don't have rights.

EXPLICIT · #35 30-04-2007, 10:49 AM

Quote:

Originally Posted by Kato

If your vehicle is in a business name, bend over now.

The new law basically says that if the owner of the vehicle cannot keep record of who was driving the vehicle at the time, they will be punished accordingly.

No problem, fine the business owner but, without PROOF of the driver, no demerit points can be accumulated. No matter what law's are introduced, assumption can't hold u directly liable.

Kato · #36 30-04-2007, 11:30 AM

Quote:

Originally Posted by EXPLICIT

No problem, fine the business owner but, without PROOF of the driver, no demerit points can be accumulated. No matter what law's are introduced, assumption can't hold u directly liable.

What I meant was with the new laws you get the following:

This is from the DPI's quick guide to the new law:

For general public:

Quote:

It may be easy to identify the driver from the Police photograph, but if the Police ask you to identify who you allowed to use your car, and you cannot tell them, or refuse to tell them, you are liable for penalties.

First, you will receive the demerit points for someone else’s bad driving. (These could be double demerits at holiday periods.) Second, you will have to pay the fine as you will be presumed to have been the driver.

Third, if the Police ask you to identify the driver and you cannot; and if you cannot show that you took “reasonable measures” or made “reasonable arrangements” to ensure you knew who was in charge of your car, you also could be fined. For individuals, the penalty is $1,200 for a first offence and up to $2,400 for subsequent offences.

For business vehicles:

Quote:

Under the new laws, companies with vehicles licensed in their name will be the ‘Responsible Person’. This means they can also be fined for failing to take “reasonable measures” or make “reasonable arrangements” to ensure they knew who was in charge of a company vehicle. For corporations, the penalty is $5,000.

This is also confirmed in the road traffic act:

Quote:

ROAD TRAFFIC ACT 1974 - SECT 58
Duty of owner to identify offending driver

58 . Duty of owner to identify offending driver

Any owner of a vehicle and any person to whom for the time being the possession or control of a vehicle may be entrusted shall, if required by a member of the Police Force, give any information which it is in his power to give, which may lead to the identification of any person who was driving or who was in charge or control of the vehicle when an offence under this Act, is alleged to have been committed.

Penalty: For a first offence, 12 PU.

For a subsequent offence, 24 PU.

[Section 58 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13.]

So basically they are saying put the vehicle in the business name and make sure you do a good job of speeding

EXPLICIT · #37 30-04-2007, 12:28 PM

Presumption is open to plenty of speculation......damn you'd make good money as a lawyer in the traffic claims division

LTDGC8 · #38 30-04-2007, 01:29 PM

wow...all this is so interesting....

i agree with Fobz.... i dont think i'd stop over for some random car...... unless i can clearly identify its a cop.....

Sketchey · #39 30-04-2007, 03:38 PM

Quote:

Originally Posted by fobz

Here is a tip. If they are not in a clearly marked unit, then DO NOT STOP.
My attitude is this. I you cannot identify yourself as a police officer
then I will not stop for you and I will tell a court I was frightend for my
safety. NEVER wind down the window.

I tell my GF this as I don't want any sicko acting like a cop to pull her
over and molest her. If it ain't in a marked unit, ignore it. If you
get a fine for "failing to stop" then you can simply indicate that you
did not believe they were a police officer coz they did not clearly identify
themselves and you were fightened for your safety if you did.

If they are in their normal car and cut in front of you and stand on
the brakes to force you to stop the DO NOT get out of the car. Get
on your phone and ring the police and report a dangerous driver.

WOW...such intelligence....*insert exploding sarcasm detector*

The reason I say this is because I tried this. You WILL go to court, you WILL be charged like it or not.

You are the typical 'fuck the cops' attituded punk that they will love to pick on.

End Rant

Brutus · #40 30-04-2007, 04:12 PM

Wind down the window and stick the twin barrels of a sawn off out at the 'unidentified' vehicle next to you... This will cause a number of possible outcomes...

1. They are also packing heat and there may be the chance of hail in the streets... hails of bullets...

2. They are police... they will very quickly identify themselves and proceed to arrest you/call for back up/drive really really fast away...

3. They were just randoms $%cjing around.... they will never do that prank again and society will be better of for it...