Welcome to the Australian Ford Forums forum.

You are currently viewing our boards as a guest which gives you limited access to view most discussions and inserts advertising. By joining our free community you will have access to post topics, communicate privately with other members, respond to polls, upload content and access many other special features without post based advertising banners. Registration is simple and absolutely free so please, join our community today!

If you have any problems with the registration process or your account login, please contact us.

Please Note: All new registrations go through a manual approval queue to keep spammers out. This is checked twice each day so there will be a delay before your registration is activated.

Go Back   Australian Ford Forums > General Topics > The Pub

The Pub For General Automotive Related Talk

 
 
Thread Tools Display Modes
Prev Previous Post   Next Post Next
Old 15-06-2005, 09:55 AM   #18
devil cv8
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by Dave_au
But these powers extend to all vehicles - have a look at defecting - http://www.austlii.edu.au/au/legis/n...97387/s26.html
You keep listing NSW documents so I'll keep my comments to NSW. I don't know what the rules and regs are for other states, and suggest people in those states check it for themselves.

Dave

That link does not mention anything about the power to stop vehicles.
If you read section 1 by itself you may be right
Quote:
1) A police officer, or the Authority, may inspect a registrable vehicle (whether or not on a road or road related area) for the purpose of deciding its identity, condition or the status of any registration or permit relating to the vehicle.
BUTsection 1A and 1B clearly state
Quote:
(1A) A registered operator or owner of, or any person in charge of or having the custody of or selling or having in possession for sale or otherwise of the registrable vehicle must afford the police officer or the Authority all reasonable facilities for making such an inspection.
Maximum penalty: 20 penalty units.
for sale, not driving along, not anywhere unless the vehicle is for sale

Quote:
(1B) Without limiting subsection (1), for the purposes mentioned in that subsection and in connection with any inspection, a police officer or the Authority may:
(a) enter in or on the vehicle on a road or road related area, or
(b) enter in or on any premises ordinarily used for the sale of registrable vehicles and in or on such a vehicle on those premises, or
(c) enter in or on any other premises if the officer or the Authority has reasonable cause to believe a registrable vehicle is for sale, held in possession for sale or in a damaged condition as a result of an accident, and may enter in or on any such vehicle on those premises.
part a above means if the vehicle is stopped, the rta do not have the authority to stop the car. Why do you think in the week leading up to summernats the HWP around marulan round up cars and escort them to the marulan defect station, it is because the rta do not have the authority to pull cars over, only heavy vehicles.
part b above refers to premises that are used for the sale of vehicles, this means car yards, not houses.
part c covers everywhere else IF the car is for sale, IF the car is damaged due to an accident.


In short, there is nothing in that link you mentioned that gives rta inspectors the power to pull vehicles (apart from trucks) over. Try not to read more into legal documents that are there, that is how misconceptions begin.

cheers
  Reply With Quote Multi-Quote with this Post
 


Forum Jump


All times are GMT +11. The time now is 10:31 PM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Other than what is legally copyrighted by the respective owners, this site is copyright www.fordforums.com.au
Positive SSL