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The Pub For General Automotive Related Talk |
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#1 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Posts: 14,654
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With the new hoon laws now covering drink driving offenses and the confusion created and encouraged elsewhere about the ACCURATE laws in each state maybe its time to clarrify the FACTS before someone inadvertently looses their license or car through WRONGLY following poor advice....
For Victoria it is illegal to drink drive on private property, what about other states?
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#2 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 12,077
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Last edited by russellw; 29-07-2010 at 08:42 PM. Reason: Enough of the references. |
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#3 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Posts: 14,654
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Quote:
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335 S/C GT: The new KING of Australian made performance cars.. ![]() Last edited by russellw; 29-07-2010 at 08:42 PM. |
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#4 | ||
FF.Com.Au Hardcore
Join Date: Jun 2009
Posts: 18,985
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SA the state of confusion.. had a google.. i can be done ****ed skateboarding or in control of an animal... maybe a talkative one with slurred speech.. hard to poke around websites with this cheap nokia un computery type like device.....
Last edited by russellw; 29-07-2010 at 08:43 PM. |
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#5 | |||
Regular Member
Join Date: Aug 2009
Posts: 332
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#6 | |||
FF.Com.Au Hardcore
Join Date: Jun 2009
Posts: 18,985
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#7 | ||
FF.Com.Au Hardcore
Join Date: Jun 2007
Location: republic of wa
Posts: 869
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seems like a grey area over here
![]() http://www.austlii.edu.au/au/legis/w...000113/s4.html I was/still under the impression that what happens on private property is fai game ?
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"You can't fight stupid people - there's just too many of them.The internet: Access to all the world's idiots |
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#8 | ||||
Captain Malcolm Reynolds
Join Date: Mar 2007
Location: Adelaide
Posts: 3,830
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Found this for SA, can't find much on the whole private property bit but still searching:
http://www.dassa.sa.gov.au/site/page.cfm?u=124 And yeah Mr Beige, you're right... "The DUI offence also applies to people on skateboards and rollerblades, cyclists, riders of animals and drivers of vehicles drawn by animals; offenders are likely to be fined."
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Currently: 2014 Mazda6 GT (Daily) and 1999 Mazda MX5 (Fun Car) Previously: 2001 Ford Escape XLT; 2010 MC Mondeo; 1984 FD LTD; 2001 AU2 Falcon Forte; 2005 LS Focus Zetec; 1988 RE Colt; 1982 RB Colt; 1974 KE20 Corolla Quote:
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#9 | ||
VFII SS UTE
Join Date: Apr 2007
Location: Central Coast
Posts: 6,353
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i cant find the RTA one, but from early day DMR 0.08 limit was used.
the police could not fine you for being drunk driver on private property, but you were charged with the "self harm act". you were locked up till mornig and had to see a physiatrist to see if you were suicidal.
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#10 | ||||
No longer a Uni student..
Join Date: Jan 2010
Location: Coffs Harbour, NSW
Posts: 2,557
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NSW Police site redirects to the RTA.
http://www.rta.nsw.gov.au/roadsafety...ing/index.html Only thing I could find on the legislation site was the transport act and regulation, which relates to trucks and buses etc. Couldn't find a "traffic act", what else could it be called? edit: Its "Road Rules 2008" ![]() http://www.legislation.nsw.gov.au/ma...79+2008+cd+0+N Quote:
Edit: And just for the queenslanders visiting NSW Quote:
Last edited by SteveJH; 29-07-2010 at 01:08 AM. |
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#11 | |||
Banned
Join Date: Dec 2007
Location: Rowville
Posts: 314
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#12 | ||||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: GEELONG
Posts: 7,946
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Quote:
Jason Quote:
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#13 | ||
Flairs - Truckers Delight
Join Date: Aug 2006
Location: Brisbane Northside Likes: Opposite Lock
Posts: 5,731
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so wait on
you can have a massive night then get on your rideon the next morning to do your lawn and get done for DUI? **********
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#14 | |||
Long live the Falcon GT
Join Date: Feb 2008
Location: Victoria
Posts: 1,630
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Quote:
I think that we can all agree that ANY sort of drink driving, be it public/private property, borderline or otherwise, is dangerous and irresponsible... Having said that... perhaps its like the copyright laws on taping/recording stuff from TV/Video... everyone knows its 'moderately illegal'... but no-one does anything about it
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![]() Last edited by Professor Farnsworth; 29-07-2010 at 10:51 AM. Reason: quoting profanity |
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#15 | ||
Banned
Join Date: Feb 2008
Posts: 301
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Why would you want to drive drunk private property or not?
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#16 | ||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: Cattai, Sydney
Posts: 7,701
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So if i'm reading 4VMANS quoted post above right, in VIC if the Cops find you trashing your paddock basher around your property they can fine you for 'driving in a manner dangerous to the public'.
Seems a bit rich...
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#17 | |||
Meep Meep
Join Date: Mar 2007
Location: Southside
Posts: 1,513
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Quote:
Assuming they have the power to enter your property.
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Thundering on.... |
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#18 | |||
Meep Meep
Join Date: Mar 2007
Location: Southside
Posts: 1,513
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Quote:
The law is the same in Qld. Has been for going on 10 years.
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Thundering on.... |
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#19 | |||
No longer a Uni student..
Join Date: Jan 2010
Location: Coffs Harbour, NSW
Posts: 2,557
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#20 | ||
FORMER T3 OWNER
Join Date: Jan 2005
Location: Brisbane
Posts: 1,241
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This is interesting, family had a farm up near Rollingstone FNQ and from 12-13 I learnt to drive in a paddock basher and thus included thrashing it, was told by the local HWP to simply drive in the paddocks and not on any gazetted roads or roads which lead directly to the main roadway.
further more, private property is only considered that if there is a lockable gate/fence around the property, if its able to be accessed by walking in then its still considered a public offence something to do with being sectioned off.. I will ask a family member who is a 'SC' about this over the weekend and post the results.
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Mischief.TV you can sleep in your car, but you cant drift your house... ![]() |
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#21 | |||
Meep Meep
Join Date: Mar 2007
Location: Southside
Posts: 1,513
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Quote:
Suprinsgly hard to find, my google skills are lacking. The above link mentions the U-turn law was changed with the national act but remains illegal at (unsigned intersections).
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Thundering on.... |
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#22 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: QLD
Posts: 4,446
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Where is keepleft he would have all this at his finger tips and probably tell us straight off the top without looking it up.
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#23 | ||
BOSS 5.4L Enthusiast
Join Date: Aug 2005
Posts: 21,906
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Not that I'm a supporter of DUI in anyway but would police have the authority to demand a Breath test on private property?
What if the owner instructed them to leave his land, intoxicated or not? I think driving manner dangerous on private land is a bit rich, hell the old mans F350 doing 130km/h up the "Back Straight" in our paddock would have got some attention.. |
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#24 | ||
FF.Com.Au Hardcore
Join Date: Sep 2009
Posts: 2,527
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Failing to supply a breath test,can be an offence
Police and council can come on your property whenever they like You can ask them to leave ,if they have a reason to be there, im sure they wont leave The council and/or police cannot be done for tresspass (do correct me if wrong,thats what a local lad told me) You can be done If you are in the vehicle and the keys are on your person or near you Even if you are asleep behind the wheel and intoxicated Remember the slogan Drink and drive your a bloody idiot No true words spoken |
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#25 | ||
FORMER T3 OWNER
Join Date: Jan 2005
Location: Brisbane
Posts: 1,241
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so my question is...
if you go out clubbing, your intoxicated but have your carkeys on your housekeys can you get done with the same 'intent' ruling dispite being nowhere near your car? be the same as being on your own property having a few while working on your car and simply moving it down the drive/backyard once your finished.
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Mischief.TV you can sleep in your car, but you cant drift your house... ![]() |
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#26 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Posts: 14,654
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Quote:
The second scenario (moving car drunk while in backyard) is clear cut Drink Driving...
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#27 | |||
Red is nice Mark.
Join Date: Apr 2006
Location: Brisvegas
Posts: 1,385
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Quote:
Just for another angle on the private property discussion, illegally "Modified" cars can be defected whilst within your property if they are registered for the road.(personally, this was the one I did not like, not concerned about DD in my garage) Info from same Qld Police member.
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#28 | ||
FF.Com.Au Hardcore
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
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And only one person has bothered to actually post the QLD legislation which tells it CLEARLY that the ROAD RULES ONLY APPLY TO A ROAD..
NO ONE ELSE HERE has BOTHERED to show the revelevent LAW... If you want to beat your drum please prove it. Clearly someone has an axe to grind yet they havent bothered to GET OFF THEIR *** and show me the relevent legislation. The law is CLEAR in QLD... Division 1 Roads and road related areas 11 Rules apply to vehicles and road users on roads and road related areas Instead of creating more internet myths, please prove it. Again some of you seem to think that only certain parts of the road laws apply on private land. Clearly NO ROAD rules apply on private land. I can drive an un-registered vehicle on my property. I can drive a modified car on my property. I can drink drive in a registered/ unregistered vehicle on my property.
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#29 | ||
.
Join Date: Mar 2006
Location: Brisbane
Posts: 6,197
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I wouldn't think any such legislation was made to be as draconian as the obvious examples people are coming up with in this thread.
Plenty of "public" places are privately owned - like a Service Station, Pub Carpark, Calder Park, Airports etc etc and rules about DUI on Private Property would have been drafted so that Police have the ability to do their job without some smartarse telling them that the Caravan Park is private property... |
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#30 | |||
FF.Com.Au Hardcore
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
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Dear oh Dear :
http://www.legislation.sa.gov.au/LZ/...1961.50.UN.PDF Quote:
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You've seen it, you've heard it and your still asking questions?? Don't write off the Goose until you see the box going into the hole.... |
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