Re: Moron Motorists #3
Posted: Wed Apr 03, 2013 9:12 pm
They can still issue an infringement notice. It is then up to the driver to fight the charge OR pay up.
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no, you're wrong. i posted the law above (in Vic, but i suspect all states have it) which empowers police to compel the vehicle owner to reveal who was driving. saying you don't remember who you lent your car to would be very risky - a magistrate is unlikely to accept that, in which case there would be consequences (undoubtedly painful ones - magistrates have much greater power to inflict punishment than police officers).London Boy wrote:The police have to identify the driver before they can do anything. If the owner says it wasn't him, or he doesn't remember being there at the time, or similar, the police have nothing to go on. Perjury doesn't enter into it until it gets to court, and even then you have to prove a bare-faced lie told under oath.
But most of the time they don't.jules21 wrote:the cop can always try
Act and section of Act please. Alternatively, point to the regulation and relevant section if that's where the obligation arises.jules21 wrote:no, you're wrong.London Boy wrote:The police have to identify the driver before they can do anything. If the owner says it wasn't him, or he doesn't remember being there at the time, or similar, the police have nothing to go on. Perjury doesn't enter into it until it gets to court, and even then you have to prove a bare-faced lie told under oath.
Like I said in another post, the law imposing the obligation to identify the driver applies in Queensland only to camera-detected offences and to specific 'hooning' offences (none of which include shaving cyclists). I've not bothered to check the detail of the legislation in the other states, so if you can point to it I'll be grateful. Otherwise, what I've read in the journals says that none of the other states go further than Queensland.jules21 wrote:i posted the law above (in Vic, but i suspect all states have it) which empowers police to compel the vehicle owner to reveal who was driving. saying you don't remember who you lent your car to would be very risky - a magistrate is unlikely to accept that, in which case there would be consequences (undoubtedly painful ones - magistrates have much greater power to inflict punishment than police officers).
This is why I personally think it is better to have any camera, if only running a single one, pointing rear. It will at least capture the vehicle/driver and hopefully make people cars easier to identify. It also shows/captures any stupid p platers and mates faces who like to throw things at cyclists.London Boy wrote:
Even in front of a magistrate the Police have to prove all the elements of an offence, including the identity of the person alleged to have committed that offence. The driver does not have to make any admission, ever. He may choose to, but he is not obliged.
time for a written reportAKO wrote:No time and date of incident or anything like that. I feel The carpet edge has been raised.
This is one of the reasons I stop and have a brief chat with the driver if the opportunity presents.gretaboy wrote:This is why I personally think it is better to have any camera, if only running a single one, pointing rear. It will at least capture the vehicle/driver and hopefully make people cars easier to identify. It also shows/captures any stupid p platers and mates faces who like to throw things at cyclists.London Boy wrote:
Even in front of a magistrate the Police have to prove all the elements of an offence, including the identity of the person alleged to have committed that offence. The driver does not have to make any admission, ever. He may choose to, but he is not obliged.
This is one of the reasons I stop and have a brief chat with the driver if the opportunity presents.[/quote]trailgumby wrote:This is why I personally think it is better to have any camera, if only running a single one, pointing rear. It will at least capture the vehicle/driver and hopefully make people cars easier to identify. It also shows/captures any stupid p platers and mates faces who like to throw things at cyclists.gretaboy wrote:
I love the chase especially when you say hi/wave at them as you go past or pull along side while doing 60kph and do the wind down your window hand gesture while smiling Yesterday I had 3 drivers cut me off. First one slowed coming towards me on the other side of the road. He continued straight before pulling a quick and sharp right hander across 1 oncoming lane before slamming on their brakes while crossing the second lane and stopping just infront of the bike lane. Pointed to my eyes and then pointed to the direction I was coming from. He put his hand up and then window came down and he apologised. Didn't have to wait long for the next fool trying to kill me. The very next street the same thing happened but instead of doing 35 I was doing 45. The first car pulls across with out issue but the idiot behind him did the slow accelerate and brake (front dips down) followed by the late heavy acceleration and sharp dart across all the lanes. I break heavy and start swearing at the driver just missing the rear of the car. Some other driver had beeped their horn so I don't think he heard me. I thought this idiot needs a talking too so I did a massive uturn across the two northbound lanes as I was in the wrong gear (no cars coming) and gave chase. A car that wanted to merge on to the road I was travelling had seen what happened and saw that i was going after him and stayed stopped blocking the traffic behind from merging while gesturing with his thumb pointing backwards to go get him. About 5 seconds after I got onto the street and hit 50kph I see the car now accelerate off and overtake the car ahead of him. Blows the stop sign. Quickly accelerates around corners. Either he was in a rush to get home or he was now trying to get away from me. But I ended up losing him when I got to traffic at intersections. Third incident happened while doing 40kph aproaching an intersection. 2 cars in the lane to go right when suddenly the second car decides it wants to now go straight ahead.... with out signaling... or looking in the mirrors. After she quickly turned out I had no time to brake so I went left to avoid but copped a bad lick on a bump or a pothole which threw me even futher to the left side of the intersection nearly putting me on a collision course with another cyclist waiting at the lights going the other direction (if only he had been looking to the right at the time haha). I gave chase..... well.... it wasn't really a chase as she got caught in congestion about 50m up the road but when I strolled up the rear window was down so I tried to keep my cool and said "Hey, can you please look in your mirror and signal next time you change lanes". Thinking I'd get a sorry, I didn't see you there instead the very first words I heard was "**** you, you ******* dog. Get off the ******* road you ****" from the passenger. Then one of the other passengers decided to join in too. Then some hand gestures followed up by the I'm about to spit on you look. I had enough and thought the front passenger (who was the main instigator/abused me the most) would like a swig of my waterbottle. I was tempted to spray it all in the open window but the passenger closest to the window hadn't done or said anything. The front passenger window was up the whole time but I made sure it copped good coverage. Rode off yelling enjoy your congestion as the next 2 intersections had a visible green light but traffic wasn't moving at all. I don't condone the waterbottle action but after their verbal actions they had it coming. I just wish I didn't use the bottle that had been freshly refilled with cold water from the servo.gretaboy wrote:I havent had the luck to catch up to them...yet...but did catch up to two young ladies in a car where the passenger thought it funny to scream out as they passed me at 80+ k's. Always amazes me how gutless they become when you do catch up. I politley asked this female "did you want to say something"...pretended to not know what I was talking about.
I will not get aggressive unless the tool gets aggressive...instead like to make them look like the tools they are by words.
in that circumstance, I think the water bottle was very appropriate. with that sort of abuse, I reckon they're fair game - why feel guilty about handing these lowlifes back some of their own medicine?Lukeyboy wrote:I don't condone the waterbottle action but after their verbal actions they had it coming.
Ross wrote:. I yell the usual non-complimentary greetings (think of words beginning with F) .
in my experience, tarted up cars in distasteful colours and gaudy bling are a strong indicator that something bad is about to happen to you.cp123 wrote:If anyone sees a "Miss Chicky Babe" in a white ute with NSW rego and bright pink front wheels with gold rims, watch out.
jules21 wrote: in my experience, tarted up cars in distasteful colours and gaudy bling are a strong indicator that something bad is about to happen to you.
YOS771?outnabike wrote:A bit close this morning on a shopping trip, and for no reason as there was a free lane on the right. I may look a bit close to the edge but I heard the car on my wheel and moved over a bit more than normal. I will have to learn to say the number plate of these types of drivers. Have to get U tube fixed too.