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Last edited by frejja; 30-07-2009 at 02:17 PM.
Well they can issue you a fine if youre car is parked somewhere.
If they followed you they are issuing the infringement notice based on what happened on public roads, so yes, all legal. They are allowed to enter private property as well, even if it's upholding the law.
Just keep in mind that some carparks are not private property, and do in fact belong to local councils.
they must have been a fair way away for you to park get out and get back to work. hmmm i thought they would be able to. i have been told by a friend that they cant get you on private land. they could be wrong.
y wouldnt they b able 2 book ya, they saw u driving lol and u had no P plate???
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as above, they followed you cause no p plate, so thats well within normal
they folowed my wife one day for ages, she got home drove in the shed, and they breath tested her in the shed, they can do that to
its the fact they saw you driving it that gives them the right
Police are allowed to enter private property if they reasonably believe that the law is being broken.
-Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
James Bovard, Civil Libertarian (1994)
-Giving money and power to government is like giving whiskey and car keys to teenage boys.
P.J. O'Rourke, Civil Libertarian
-Government's view of the economy could be summed up in a few short Phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
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where exactly was your car parked?
it's probably your own fault for opening your mouth- if you had not of spoken to him, he wouldn't have known whether a full license or probational driver was driving, and would not have been able to issue a ticket.
from the "your rights - police powers in victoria" book:
Private property
The police usually need a search warrant to enter and search private property – for example, your home. However, the police may go into private property without a search warrant when:
• you let them in
• they have a reasonable belief that a serious offence will be or has been committed and they need to go into the house to arrest someone
• they need to stop a ‘breach of the peace’ – for example, a fight
• there has been a breach of an intervention order
• they are chasing someone who has escaped from prison or police custody
• they have a warrant to arrest someone
• they have a reasonable belief that illegal drugs are on the property.
so from what i understand - if your car was in a locked/restricted work carpark - you could ask nicely for them to bugger off...
although at the same time, the officer in question could just as nicely send you out a letter to present your car for a full roadworthy inspection at the cop shop
edit: just realised those conditions apply to searches- will do some more reading and report back
where exactly was your car parked?
it's probably your own fault for opening your mouth- if you had not of spoken to him, he wouldn't have known whether a full license or probational driver was driving, and would not have been able to issue a ticket.
from the "your rights - police powers in victoria" book:
Private property
The police usually need a search warrant to enter and search private property – for example, your home. However, the police may go into private property without a search warrant when:
• you let them in
• they have a reasonable belief that a serious offence will be or has been committed and they need to go into the house to arrest someone
• they need to stop a ‘breach of the peace’ – for example, a fight
• there has been a breach of an intervention order
• they are chasing someone who has escaped from prison or police custody
• they have a warrant to arrest someone
• they have a reasonable belief that illegal drugs are on the property.
so from what i understand - if your car was in a locked/restricted work carpark - you could ask nicely for them to bugger off...
although at the same time, the officer in question could just as nicely send you out a letter to present your car for a full roadworthy inspection at the cop shop
edit: just realised those conditions apply to searches- will do some more reading and report back
2nd edit: it seems that once you are off the road, and your car is on private property - it would count as a 'search' of that private property to go have a look at the car. - which they are not allowed to do (pending reasons above).
If the door/gate is open, though - they won't seek an invitation and will look at the car unless you ask them to leave.
there's some interesting reading about breath testing AFTER you have driven a car - and further interesting reading at:
Road Rules Victoria. Your legal rights and obligations
Suck it up and take it on the chin.... Of course they can do it.
" Behold the turtle. He makes progress only when he sticks his neck out "
They chased my brother home once on his dirt bike, I saw him come flying up the driveway lock it up and slide sideways into the other bikes in the shed get up off the floor and then the cops pulled into the driveway lol. They certainly fined him right there and then in the shed
Luke, I believe a carpark is a special case. (found this out the hard way a few years ago). If it is available for the public to park in, even privately owned such as a shopping centre etc then the police can and will treat it as a public roadway. It is deemed as public if anybody can come and park there - ie employees and/or customers. If the carpark is behind a gate etc then it may not be considered a a public roadway and is dependant on some other factors.
Reaper
Another new member with a 1st post being a complaint....fantastic. Yes the police can book you when your car is parked anywhere because if you broke the law, then they have grounds to uphold it. And whether its the next day or whether your car is at the Queen's house or your mates house, if you broke the law, then you can be booked no matter where your car is!
My god it is stupid what police can fine you for, surely a warning would be fit enough unless you are a repeat offender. Because honestly, if he can see the plate has fallen down like it was meant to be there, thats just downright mean, but you do get some harsh cops. And someone said if the police saw you then they have to right to go where ever they like and fine people, they can say what they like. If you have an unroadworthy car on your property, police pull up, say they saw you driving it 100m down the road and book you for driving it, because they "saw you", if no one was there to witness it, its the cops word against yours. Guess who is gunna have the last word??? If what you say is true police could fine people without any evidence of you driving the vehicle in the first place.
I read that link to the Your Rights thingy. It says that even when driving on private land, the usual drink driving laws apply. That essentially means you can't have a few brews on your farm and then go paddock bashing on your own land....WHAT THE HELL????
"The mind is its own place, and in itself, can make a Heaven of Hell, a Hell of Heaven."
apparently wasting my time with 97 cubic inches
milk doesnt come in 1.6 litres
my geminis