Hypothetical License Question

About 50? 60? kms north of the Murray river on the road heading towards
Deniliquin.

About 12 years ago.


G-S

 

did you have the rego of the car towing it clearly visible?

 

Exactly



Kev

 

Yes it was painted onto the metal plate (not exactly professional
quality I admit but quite large and quite clear).


G-S

 

Then rent a room with Nobby.

 

You should have appealed.

http://www.austlii.edu.au/au/legis/vic/consol_reg/rsr1999309/s113.html

(g) a trailer (other than a trailer specifically constructed to carry a
boat) that is not used in the course of trade and that-

(i) weighs less than 200 kilograms unladen; and

(ii) does not exceed in width the width of its towing vehicle as
produced
by the manufacturer; and

(iii) is not more than 3×0 metres long including its draw-bar and
any load.

It doesn't become a boat trailer, and thus not exempt, merely because
it's carrying a boat. It has to be "specifically constructed to carry a
boat" for it not to be exempt.

Of course, if your canoe caused it not to meet the 3 metre rule, that's
a different matter.

Sylvia.

 

What was the actual offence?

 

That is all that is required in Victoria for a trailer which does not have
to be registered

 

It was an 8 man rowing skiff / canoe

 

Right, a taxi operator / owner licence costs heaps
a taxi drivers licence when I got one from the R.T.A. was called a D.C.
licence. the same as your bus licence Geoff

 

I should add that if the problem is really that the police officer
doesn't know the law, then you should make representations to the
relevant authority to the effect that the facts as determined by the
officer do not constitute an offence. This should result in the matter
being dropped.

If you just get the default "go to court then" reply, then write again
asking for a considered response, pointing out that pursuing
prosecutions, when it should have been apparent to the prosecutor that
there is no case to answer, gives grounds for an action for malicious
prosecution (no actual malice need be demonstrated).

Sylvia.

 

I would guess that it would be for towing an unregistered trailer

I drove up to Sydney to pick up a bike with my 6x4 trailer and only when I
got back, I was told that I had been very licky not to have been pulled over
as I could have been booked for towing an unregistered trailer and would
have been told to leave it on the side of the road till I either got it
registered or put in on a registered trailer back to the border

 

So blew the 3 metre rule presumably.

Still, if the officer merely noted that it was a canoe, but not its
length, on the basis that this made the trailer a boat trailer, then you
could probably have still won. The trick is to go to court, but not give
evidence yourself (which would open up the possibility of your being
asked the length). Unless the officer noted the length, then the
prosecution has no case.

Whether it's worth it, of course, is another question, particularly as
there'd be no matter of principle involved.

Sylvia.

 

I was very licky ???
damn, I was very lucky as well

 

Rule 11 only certifies that far too many NSW police (esp. HWP) f-wits
and their ignorance only serves to add to the angst that an otherwise
intelligent good-guy-cops will be confronted by when dealing with an
otherwise reasonable member of the public!

I cite an incident (long time ago) where a Safety Bureau (pre HWP and
more despised) made a “U” turn On Canterbury Road, outside of the George
Hotel, Belmore, when he gunned the 650 Trump too soon and lost it,
pinning himself under his MC in the middle of the busy road. The noise
of the fracas emptied the bar of the pub onto the footpath where the
patrons cheered at the cop, between sips of their middies, who was
desperately trying to extricate himself from under his toppled machine
AND hot exhaust pipe (the smell of fried bacon was present). He was
probably in that position for over five minutes before the proprietor of
the tyre retailing shopfront come out to free him.

This is a true story and it seems that nothing has been learned by the
NSW Police (then) Force.

Recently I had a female constable in my face, behaving like a
man-hating-dyke and two day later had a polite female constable knock on
my door looking for information about an incident that had occurred two
doors down the street earlier in the day.

NOTE: For members of the NSW Police Service, intelligent enough to see
it - there is a message embedded in the above story. I will not hold my
breath waiting for the remaining half of the plods though.

 

On Thu, 28 May 2009 12:14:07 +1000, veritas wrote:

[...]

Can't say I follow you here. My interpretation of your story is that a
bunch of drunken bogans stood and cheered while a bloke (albeit a
policemen) was down, and in a bad situation. If that's the case, what
point are you trying to make? If my interpretation is off the mark,
how should I read your story?

I was hoping you wouldn't say that

 

That's exactly why the thieving bastards get away with stealing so much
of our money, its cheaper just to pay up, most of us have probably done
the same thing.


Daryl

 

Saying that is asking for trouble seeing as someone who writes those
books hangs around here sometimes



Daryl

 

My interpretation is that at that time NSW traffic police were regarded
as a bunch of pricks which no one would help if they could avoid it.
Traffic police aren't usually held in high regard even by other police
so its no great surprise that no one would help.



Daryl

 

It is something else... It's a different type of licence.

JL didn't specify 'drivers licences' he just said "licences aren't a
sale of goods and services' and I pointed out that some can be treated
as such at times.

You're narrowing the argument from that which JL made (which doesn't
mean you're wrong, it just means you're talking about something that JL
didn't say).


G-S