fair or unfair?

[fkford]

Hey all, was driving on a stinking hot day i think it was about 38 degrees. Had my window down and had about 1/3 of my hand sort of holding on the window so from the middle of my fingers to the tip was out of the window. Cop pulls me over does the usual check of license and breath test, that went all fine. He then proceeded to ask me what i was doing wrong, i aswered "i dont think i was doing anything wrong". He says "your protruding a limb out the window thats very dangerous". The tosser went back to his car and wrote me a fine for 'protruding a limb' and 'careless driving'. The thing that annoyed me the most was that because there was alot of traffic there were people going slow past us, about every 3-4th person had there full arm out the window.. Question is, should i appeal or just pay up and lose 3 points?

[Dum*P*ster]

You can try to appeal, but im sure.. the cop is correct.. How unfair it may seem,

[MasterOfReality]

Fair, as it is breaking the law.

Its just like getting pulled over for speeding, and when the cop is booking you, other cars are speeding past. You reasonably can't expect the cop to let you go.

You just happened to be the one that he pulled over.

I also remember when I was sitting my L's test back in 1996, the question was actually asked.

I'd just pay it and use aircon next time

[stocky]

I think there is a bit of confusion with this topic. If his arm didn't go past the mirror is it alright?

[ari666]

holy crap! i stick my arm out the window all the time, no air cond forces you to cool via other means. didnt realise there was a fine for it.

[Dum*P*ster]

I think there is a bit of confusion with this topic. If his arm didn't go past the mirror is it alright?

From what I've been told.. your hand can NOT even touch the top of the door trim, has to be "Inside" the car at all times.

However, some cops enforce this rule..Some don't .. Makes ya wonder tho, but the law states your 'limbs' must be inside the car at all times

[ari666]

OP, just a quick q, you full licence? were you driving at the speed limit etc and is your car a cop magnet?

*honest answers pls*

[fkford]

hmm.. see i was told u were allowed your hand out if it isnt past ur mirror.because if u dont have electric mirrors ? does anyone know if i appeal it what happends? do i have to go to court? or is it just a letter? cheers

[hsvpunk]

You can get done for pretruding an object as a mate of mine got a warning for doing it a couple of years ago.

[padrickz88]

Just take it on the chin, technically no body part should be past your window....

In saying that, look out for cops and when you see one bring your hand/arm back inside, thats what I do lol


BTW nothing better then windows down on a 30 degree day with the music up a little and your arm hanging out the window

[wikky]

hmm.. see i was told u were allowed your hand out if it isnt past ur mirror.because if u dont have electric mirrors ? does anyone know if i appeal it what happends? do i have to go to court? or is it just a letter? cheers

What does having electric mirrors have to do with the price of fish? If you have any part of your body protruding from the car you're breaking the law, simple as that. Good luck trying to fight that one in court too, the magistrate would have a laugh.
BUT, with the facts you've given us, I'd say you were unlucky to get fined, not unfairly. It probably should've been a warning in this case.

[VKCOMMO]

Fair, you broke the law and got caught. just pay up

you can appeal but you would just be wasting your time i think

[fkford]

ok maybe not unfair but unLUCKY! still pisses me off as im sure it would all u guys if it happend. and with the electric mirror thing... reason being is u may have to adjust your mirror manually!? i think il just cop it on the chin.

[minux]

Funny thing about this law, is it is legal to have your arm out your window to indicate your turning, fairly sure it is in the road act also.

[Not_An_Abba_Fan]

You should adjust your mirrors before you drive off.

[stocky]

Funny thing about this law, is it is legal to have your arm out your window to indicate your turning, fairly sure it is in the road act also.

haha thats true. isnt turning right sticking your arm all the way out?

[Not_An_Abba_Fan]

Funny thing about this law, is it is legal to have your arm out your window to indicate your turning, fairly sure it is in the road act also.

Rule 268
(3) A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle, unless the person is the driver of the vehicle and is giving a hand signal:

(a) for changing direction to the right in accordance with rule 50, or

(b) for stopping or slowing in accordance with rule 55.

Also

The Authority may:

(a) authorise a person, by order in writing, not to comply with rule 268 for the purpose of allowing sporting or similar events to be filmed or facilitating any other special event, and

(b) impose conditions on any such authorisation.

So, to the OP, unless you had permission in writing to film or facilitate a sporting or special event, then I say you have to cop it sweet.

[Dum*P*ster]

Funny thing about this law, is it is legal to have your arm out your window to indicate your turning, fairly sure it is in the road act also.

So true!!

Unlucky tho mate..

[fkford]

some cops r so unreasonable.. he could clearly see i was sweating my nuts off, my car also has no rooflining/roof card in atm because im fixing it so it gets SUPER hot. i should appeal it and say i was trying to dry my fingers because they were so sweaty i couldnt hold the wheel properly...that may work?

[Dum*P*ster]

It MIGHT, give it a go.. you might get lucky!

[CommVTS]

I think its bullshit. If you only had your hand/arm slightly out of the window then what the officer did is unfair. Bit different if you were sticking it right out and being stupid. I have seen police driving with their arms on the window ledge who have their hand on the outside of the door.
Police should be focusing on more serious issues, which actually affect other road users.

I'm with you on this deanb123, unfair.

[minux]

haha thats true. isnt turning right sticking your arm all the way out?

49. How to give a right change of direction signal
(1) The driver of a vehicle must give a right change of direction signal by
operating the vehicle’s right direction indicator lights.
(2) However, if the vehicle’s direction indicator lights are not in working order or
are not clearly visible, or the vehicle is not fitted with direction indicator lights,
the driver must give the change of direction signal by giving a hand signal in
accordance with rule 50, or using a mechanical signalling device fitted to the
vehicle.
Note Mechanical signalling device is defined in the dictionary.

50. How to give a right change of direction signal by giving a hand signal
To give a hand signal for changing direction to the right, the driver must
extend the right arm and hand horizontally and at right angles from the right
side of the vehicle, with the hand open and the palm facing the direction of
travel.

[fkford]

I think its bullshit. If you only had your hand/arm slightly out of the window then what the officer did is unfair. Bit different if you were sticking it right out and being stupid. I have seen police driving with their arms on the window ledge who have their hand on the outside of the door.
Police should be focusing on more serious issues, which actually affect other road users.

I'm with you on this deanb123, unfair.

yeh so have i, cops always have there arms out the window or on the window ledge. hippacrits... guess thats why there called p-p-p-p....g

[Dum*P*ster]

You could PM vic cop on the forums..And see his view on it?

[fkford]

hm good idea..might do that cheers