377 replies to this topic

[TerrA LX]

Can they instruct you to empty the junk inside your car out (if your anything like me anything from cigarette packets to subway wrappers) onto the pavement then fine you for littering to?

Cheers.

They can request (at least in NSW) and you can refuse, they can go ahead and search it anyway but in saying "no" anything illegally obtained can not be used as evidence, same goes if you say anything and you have not been read your rights.

[TerrA LX]

Another stupid question, if you have a registered vehicle, that is otherwise roadworthy, on your roadworthy and suitable car trailer towed by a registered, roadworthy and suitable car, that you are taking to the drags, and have fitted drag slicks, front runners, and pulled the exahust off, but left the numberplates and rego label in the windscreen, can you be booked?

Anything is possible.
In NSW atleast, the RMS can come inspect it in your driveway and defect your vehicle, I have witnessed this.

[TerrA LX]

they have a warrant?

RMS (RTA at the time) sent out an inspector to inspect the vehicle in question, it was "pulled at random" from a recent pink slip road worthy inspection, they came my neighbours house to inspect his car.
FWIW he was driving it daily (SILLY BOY) but if it is locked up in the shed one would presume you could refuse and make a booking for a more 'convenient time'...

[S pack]

Police officers (here in Qld at least) don't seem to like the passenger/s of a vehicle getting out to witness what is being said to the driver when he is being booked. That's an experience I had back in my late teens when one of my mates got pulled over.

[enderwigginau]

I know its illegal to video tape a police officer, but i would want him instructing me to remove the car from the trailer on a file before doing it.

Is it legal to refuse to remove your unroadworthy/unregistered car from your registered, roadworthy and suitable trailer being pulled by your registered, roadworthy and suitable tow vehicle if or when a police officer requests it?

Im curious in case it ever happens to me....

sorry to say DJ you have to do as you are told by a cop or risk being arrested for not complieing with an order from a police officer. Same if you don't pull up when they put their lights on behind u.
That really sucks and yes it is called entrapment.
And you can film it but it will not stand up in a cort of law as it can be docted.

A police officer CANNOT tell you to do something illegal or dangerous, you must only follow reasonable instructions.....you have every right to refuse......and you state that you refuse to comply as that will involve committing an offence.......I don't think any copper will arrest you for not complying when his video shows you refusing to take an "unreasonable" direction.

Grant..

[orangeLJ]

I think that is the other thing to remember here, all police AFAIK now have voice recording for the whole conversation.

Some have video (and are legally obliged to tell you that)

As far as I know, there is nothing illegal about filming police, unless as per the above, it is to out an undercover or something sinister. Filming yourself being fined and/or having your vehicle checked is totally legal and should be done more often.

I know of a guy (close friends brother) who had the RTA and NSW police forcibly enter his shed (bolt cutters) and remove the number plates from his datsun ute due to "illegal modifications" back in the early 90s

happened while he wasn't home...


That said, he was a known street racer and multiple offender.



Does anyone else find it amazing that you can go to prison for doing a burnout, but get off for assault/break and enter/motor vehicle theft etc etc.

what a frOcking joke

[orangeLJ]

Sort of along the same lines Chris (going to prison for a burnout) check out some of the stats Keith from Grunt Files has posted up on Gruntfiles.com They are in the discussion section under the Hoon sub forum, I forgot the name of the topic but its something along the lines of "Should Police be doing real Police work". The stats listed relate to crime figures for the stretch from the Gold Coast to Logan (south side of BNE) for the past year (or maybe the year before). Drug offences, assualt, rape, murder and theft are all on the increase, massively. Figures like a 30% increase in some crimes.

But its the hoons that are the problem....... apparently

those crimes require man hours spent investigating, technology, outsourcing of evidence analysis etc etc....

Cathing a "hoon" requires no further costs (salary of the officer is already paid for)

Makes sense from a business perspective.....IF our government was a business...

[S pack]

Everyone interested in the anti hoon law debate needs to read this.

Attached Files

•  fuller_2007_thehoon.pdf   499.19K   20 downloads

[xu2308]

Qld sounds like the over ruled state lol, Tassy Gov is so broke they had to cut back Coppers over here, the Head Coppers in Hobart are not Happy Jan about all the cut backs in Tasmania, my town had heaps of coppers here, now there only 3 or 4 here now due to the cut backs, just hope they take there cars off them and give them push bikes lol

[enderwigginau]

Full page article in current SM (on newstands tomorrow) about the SA Hoon laws being quashed......
Government remains recalcitrant and states that sections still remain and will be used.
SA Government faces a class action from those who have had their cars impounded or crushed.

Grant..

[xu2308]

Well lets hope Qld Gov, have a good hard look at what happened in South Australia then

Edited by xu2308, 13 November 2012 - 02:07 PM.

[S pack]

Full page article in current SM (on newstands tomorrow) about the SA Hoon laws being quashed......
Government remains recalcitrant and states that sections still remain and will be used.
SA Government faces a class action from those who have had their cars impounded or crushed.

Grant..

About time, I hope they sue the f#%king arse off them..

[S pack]

Class action suit against the SA govt hey, very interesting

Great article that one you posted Dave, gives a real insight into how this shit was allowed to propagate.

I was talking to a tow truck driving mate this arvo, he was out on a job doing a "hoon tow". Old mate had dropped a burnout in his dads new Camry (Avalon), cops saw him and did the flashy light thing. What does old mate do? Tries to out run them and smashes into another car. This wont be the last story of a similar nature.....................

Certainly opens your eyes Tony, that's for sure.

I particularly like the following extract, which contains statistical information and realistic professional opinions that our Governments conveniently choose to ignore.

But is hooning really a road safety issue?
The two stages of the Queensland hoon moral panic should be considered as separate
events rather than as a single event. At the very minimum, they are separate, because, as
problems, they demand different ways of being tackled. Road safety initiatives are not going
to help concerned residents living next to a car park in which local youths are hanging out
and playing loud music late at night or, for that matter, help the youth find somewhere to
hang out. Similarly, “move along” powers granted to security guards who patrol cruising strips
are not going to stop the street racing of highway rolling blockades.

A similar observationwas made quite clearly by Michael Henderson who was called to give evidence before a joint
NSW parliamentary committee:
As a road safety person, I cannot accept the validity of using this type of draconian penalty for
an offence which overtly does not have a very dangerous effect. Clearly there is a hazard, but
so has jet skiing and hang-gliding and a whole host of other things. But clearly it has a high
nuisance effect. If we want to put aside the option of using these kinds of draconian penalties
for persons who are a serious threat to mankind, such a recidivist drink drivers, I think we lose
something by using this type of penalty for essentially what is a nuisance activity. (Parliament
of New South Wales 1997, p.15).

Staysafe 35, the report of this committee, goes on to quote road safety workers who
“emphasised their view that [vehicle confiscation] should only be used for serious crimes not
for what they regarded as minor offences such as illegal street racing” (Parliament of New
South Wales 1997, p.16). The report is a very useful document for getting an understanding
of how hooning is perceived in the highest levels of governmental authority. It is clear that in
this report and indeed in every major hoon moral panic (in New South Wales, Queensland
133 and Western Australia) potentially dangerous activities, such as street racing, are equated to
nuisance activities, such as burnouts and the repetitive driving of loud cars (cruising), and to
relatively common non-hoon activities or issues that become associated with hooning, such
as the playing of loud music, hanging out, “loutish” behaviour, street drinking, the shock of
ethnic diversity, and so on.
The practice of street racing (through rolling blockades) and, to a lesser extent, cruising,
certainly appear dangerous and even sinister. However, the statistical evidence indicates
the reality is otherwise. The percentage of so-called hooning accidents in Queensland in
the context of all accidents is insignificant. Kerry Armstrong and Dale Steinhardt (2005)
discovered that for the targeted age group of 12–24 there were 169 hooning-related accidents
involving injury and property damage in the period 1999 to 2004. The publicly provided
road safety statistics of the Queensland Road Safety Authority (Queensland Transport 2005)
indicate that there were over 100,000 accidents in Queensland in the period 1999–2003
(five years compared to six). “Hooning accidents” therefore represent roughly less than one quarter
of one per cent of these accidents. This is never mentioned in the news media. To
put it simply: hooning is not a road safety problem.

Edited by S pack, 13 November 2012 - 08:30 PM.