08 March 2014 - A Queensland Police officer was hit by a utility vehicle while conducting traffic operations on the Gold Coast. The male sergeant suffered minor leg injuries after being struck by the vehicle during radar operations on the M1 motorway at Pimpama about 7.30am on Saturday 08 March 2014. He was taken to hospital for treatment. The driver, a 21-year-old man, wasn't injured and is assisting police with their investigations.
CARR has no sympathy for cops who attract the wrath of victimised motorists and are attacked when they are operating radar traps and acting as tax collectors for the government. CARR is not saying that this happened in this particular instance, but if a motorist decides that he has had enough of being a victim and mows down a cop operating a speed trap, most people wouldn't shed a tear.
Why wasn't that Queensland cop driving his highly marked police car up and down the M1 motorway and deterring motorists from speeding? The answer is very obvious. He was manning a radar trap because he was entrapping and booking motorists who were driving over the speed limit in order to raise revenue. Cops could stop motorists from speeding merely by maintaining a visible presence on the road, but instead, they lurk behind bushes and billboards with their radar and laser speed guns and hope that motorists speed so that they can rip money from them, instead of properly doing their jobs and preventing those offences occurring in the first place.
Very few motorists would feel sorry for any cop who is injured or killed when he is engaged in entrapping or enticing motorists to speed so that he can hit them with expensive infringements. They should not be doing this because it's immoral and repugnant. It's no different when we cheer when an irate motorist ploughs into a speed camera or enraged victims set fire to those revenue-raisers. We have a right to exercise legitimate civil disobedience to fight back against despicable government rip-off tactics.
04 March 2014 - Motorists who fail to register their car now face fines of up to $2500, the highest in the nation. The combined fine for driving an unregistered and uninsured car has jumped from $954 to $2500. The Royal Automobile Association (RAA) and the state's peak welfare group are lobbying the Government to reconsider the hike because it says the existing penalty is a sufficient deterrent.
RAA road safety manager Charles Mountain stated, "We also believe the increasing number of safety cameras creates a much greater chance of people being caught and this also acts as a deterrent. Really the new fines are way in excess of the crime. Our argument is the fines are already substantial and a lot of money to pay, especially in those cases where the car is unregistered due to an oversight."
The fines changes are:
The penalty increase is the most significant change to registration regulations since the Government abolished registration stickers in July 2011 as a money-saving initiative. Attorney General John Rau said that the increase was timed to coincided with a new fine enforcement unit tasked with clawing back millions in unpaid penalties. The South Australian Centre for Economic Studies stated that South Australia had a reliance on heavy traffic penalties, indicating an overly strong preference for revenue-raising in the pursuit of greater road safety.
Firstly, the comments from the RAA Safety Manager Charles Mountain about "safety cameras" shows how completely out of touch the mainstream motoring organisations are and how they fail to take governments to task in regard to these revenue-raisers. What the hell do speed and red light cameras have to do with safety, when they cannot prevent accidents? All speed cameras do is take happy snaps of speeders going by on their way to major accidents, but the cameras don't stop those accidents from occurring, nor do they stop those motorists from speeding at the time.
As for red light cameras, hard statistics from all over the world, including the massive 10-year study of these devices by David Andreassen of Monash University has proven beyond any shadow of doubt that these cameras actually increase accident rates at intersections, often up to 40% and more. So how the hell can anybody call these things "safety cameras" and completely disregard the facts about them? This is why RAA, NRMA, RACV, RACQ and other mainstream motoring organisations need to fight against these insidious cameras in support of motorists who are being used as cash cows for cash-strapped governments.
Secondly, it is interesting to see the comments from the South Australian Centre for Economic Studies, which stated that South Australia had a reliance on heavy traffic penalties, indicating an overly strong preference for revenue-raising in the pursuit of greater road safety. That is only half-true. Yes, South Australia had a reliance on revenue-raising heavy traffic penalties, but not in pursuit of greater road safety. Far from it.
The truth is that the last thing that the South Australian government wants to see is less speeding, less red-light running at intersections and less traffic offences, because that would have a drastic impact on the revenue that this government reaps from infringements. This is why the government deploys those cameras, knowing that not one of them will prevent speeding, but they sure will raise some money for government coffers. It's the same reason why no government will ban smoking and the sale and use of tobacco products, because the revenue from this toxic substance far outweighs any safety and health considerations.
However, it is easy for motorists to avoid being booked for driving unregistered cars. Most people these days have mobile phones with reminder features. All that motorists need to do is to put reminders with alarms into their mobile phones to alert them two weeks before their car registrations expire, to give them plenty of time to renew those registrations. It's that simple. Or if they really miss those defunct registration stickers, they can attach a sticky label to the corner of their windscreens with the registration renewal date on it. Taking such simple measures will ensure that not one cent of revenue from those preposterous fines get into the coffers of the South Australian government.
Thanks to John Vance for this item
04 March 2014 - Four men died in separate accidents on South Australian roads on the weekend of 02-03 March 2014, including a driver who ploughed into five pedestrians before hitting a tree. South Australian Police Superintendent Bob Fauser said that speed was a factor in each accident and drink-driving was possibly involved in two. Each fatality involved a male driver - one was on a motorcycle - colliding with a tree.
On Sunday night, 03 March 2014, a 32-year-old driver died in Adelaide after his car hit the pedestrians, injuring four of them, and then a tree. Superintendent Fauser said that the driver was disqualified, adding, "We can just consider ourselves lucky that these pedestrians weren't killed".
The statements and conclusions of South Australian Police Superintendent Bob Fauser in these matters are so ridiculously fallacious that it is beyond belief, but this is what is wrong with the way accidents are handled in Australia. Firstly, speed does not cause accidents. Speed is just an intangible measure of velocity and doesn't cause anything. Speed doesn't kill. What does kill is motorists who drive beyond the safe capability of the road and their own skill.
But to really show the utter stupidity and illogic of the "Speed Kills" mantra, every one of these accidents involved a male driver colliding with a tree. So maybe driving too fast was a factor, but the absolute common factor of each accident was a tree. So obviously using the same logic from Superintendent Fauser, instead of saying that "Speed Kills", we should be saying "Trees Kill" and that they are dangerous and all of them should be removed in order to protect motorists.
Then there is the aspect of drink-driving, where Australian state governments refuse to mandate a zero-alcohol limit for motorists. Pilots are not permitted to drink alcohol 8 hours before flying and aviation is far safer than motoring, especially with the level of automation and safety features in modern airliners, so why the hell are motorists legally permitted to drive immediately after consuming strong alcoholic drinks that will impair their reflexes and judgement?
It is more than obvious in these four accidents that they were a result of drivers who operated their cars beyond their abilities and who may have been drunk or impaired by alcohol. None of this has anything to do with speed. But as each of these fatalities involved trees, we can come to the firm conclusion that trees anywhere in the vicinity of roads are a menace and should be removed forthwith. Will that happen? Of course not, because it's politically incorrect and the greenie tree-huggers will be offended.
02 March 2014 - A NSW man was caught drink driving three times in 30 hours. The first reading was taken on Saturday 01 March 2014 after he drove to Toronto police station on to collect his 19-year-old daughter, who had herself been caught drink driving. The 37-year-old returned a blood alcohol reading of 0.192 and had his provisional licence suspended.
At lunchtime on the same day, he received another high-range drink driving charge after blowing 0.190. Then 10 hours later, he lost control of his car and drove down the wrong side of the road. He was breath tested again and returned a reading of 0.159 and received his third high-range drink driving charge. The man will face Toronto Local Court later in March 2014.
This idiot is a menace to everybody in his vicinity on the roads. If NSW had proper laws and did not pander to the alcohol industry, we would have zero-alcohol laws, just like the aviation laws that prohibit pilots from consuming alchohol at least eight hours before flying. But like the revenue from smoking, despite the fact that this dangerous and addictive habit kills more than 15,000 people every year, the government will not introduce laws that will really stop people drinking booze and driving.
Alcohol is one of the major contributors to road accidents and deaths, yet people are still allowed to drive with a certain amount of alcohol in their systems and this is so wrong. If pilots are not allowed to fly with alcohol in their blood, then motorists who are in a far more dangerous situation on the roads should be constrained in the same way. And that fool who was caught three times in one day driving with alcohol in his blood should be banned from driving for life, not just for this, but for being an irresponsible and dangerous idiot. You cannot cure "STUPID".
01 March 2014 - For many years, professionals within the USA criminal justice system have acted upon the belief that driving a motor vehicle upon public roads was a privilege that was gained by citizens only after approval by their respective state government in the form of the issuance of permits or licences to that particular individual. Legislators, police officers and court officials are becoming aware that there are now court decisions that prove the fallacy of the legal opinion that driving is a privilege and therefore requires government approval such as a licence. Some of these cases are:
These court decisions affirm that American citizens do indeed have the inalienable right to use the roadways unrestricted in any manner, as long as they are not damaging or violating the property or rights of another. In requiring the people to apply and obtain drivers licences, vehicle registrations, mandatory insurance and demanding they stop for vehicle inspections, breath tests, roadblocks and other obstructions without question, are restricting and therefore violating the common law right of people to travel.
Unfortunately, the people of Australia do not have a constitution that really protects their basic rights in the same way as the US Constitution and the first 10 Amendments which are known as the Bill Of Rights. However, it could be argued that Australians do have certain Common Law rights that supersede any statutes that mandate them having to obtain driver's licences to be permitted to drive on public roads.
Common law has been recognised for centuries in Westminster justice systems, however Australian governments and the judiciary have mostly trampled on those very important rights by passing laws that restrict citizens from exercising them. The right to travel on public roads without having to obtain permission from governments should be one of those common law rights that should be recognised without question.
28 February 2014 - Australian toll road company Transurban has lost US$51 million in the first year of operation of its underperforming toll road in Virginia. Located just outside Washington DC, US state and federal authorities poured hundreds of millions in taxpayer funds on what was supposed to be a showcase for public-private partnership innovation. Transurban charges up to $10 for a short 13-mile trip high occupancy toll (HOT) lanes on the Capitol Beltway, a proposition that far fewer motorists than expected have found worthwhile.
Although Transurban collects an average of US$64,000 per day from drivers, this amount is well below projections. Transurban unsuccessfully attempted to draw extra traffic to the pay lanes by holding down the speed limit in the general purpose lanes with a non-compete clause in its contract with the Virginia Department of Transportation. The idea was to lure customers with the chance of legally driving 10mph faster by paying a toll. In total, the 495 project lost US$51.6 million in 2013.
Seeing Transurban lose this much money in just one year on one road is terrific news.Transurban deliberately held down the speed limit in the regular lanes of this toll road in order to try and coerce motorists into paying a higher toll to use the higher-speed lanes. This is more or less what happened in Sydney when the once-excellent three-lanes per direction Epping Road in Lane Cove was narrowed to just one lane per direction, in order to coerce motorists to use the Lane Cove Tunnel toll road. Hopefully the motorists around Washington DC will not succumb to the same disgraceful scam as Sydney motorists suffered.
CARR's position is that motorists pay more than enough in fees and charges to deserve a top-class network of free roads and governments of nations such as Australia and the USA have an obligation to provide those roads as normal infrastructure and not allow toll roads to exist. Unfortunately motorists don't seem to get much say in these matters, as governments collude and conspire with toll road operators such as Transurban to allow them to impose onerous and scammy conditions on those toll roads.
But we motorists have the ultimate weapon in our arsenal to beat these bastards - the power of the boycott. Any motorist who objects to this gouging can simply deny those toll road operators the revenue simply by boycotting the toll roads and using free roads. If every motorist did this, the entire toll road system would collapse on the spot and governments would be forced to provide good networks of free roads from the revenue that we motorists already give them in all those charges we pay each year.
So CARR again advises all motorists to boycott all toll roads. It's easy to do. Just use inexpensive GPS and select the "Avoid Toll Roads" option and the GPS will guide you to your destination on free roads and save a considerable amount of money. For instance, a return trip on toll roads from Castle Hill in Sydney to Sydney Airport costs around $25, all to save around 6 minutes each way in time. The fuel for the average medium-sized car on this trip is around $12. So the tolls for this trip are more than double than the cost of the petrol used. It's an utter disgrace and a monstrous rip-off that is easily avoided.
Thanks to John Vance for this item.
23 February 2014 - Speed cameras will be switched on at three of Melbourne's busiest intersections in the next two weeks. Police said that the fixed cameras are in 40km/h speed zones at the intersections of Flinders and Williams Streets and Exhibition and Victoria Streets in the CBD and Fitzroy Street and Lakeside Drive in St Kilda. The cameras were switched off in 2012 to give motorists time to adjust to reduced speed limits. They will be turned on again some time in the next two weeks. Signs will warn drivers of the changes.
Road Policing Superintendent Kevin Sheridan said that he hoped the new cameras would discourage drivers from speeding in areas with large numbers of pedestrians and cyclists. "We encourage everyone to be responsible on the roads and to drive within the required speed limits. The 40km/h speed signs are not advisory – they are the law and if you speed, you will get caught," he stated.
These cameras at the intersections of Flinders and Williams Streets and Exhibition and Victoria Streets in the CBD have absolutely nothing to do with safety, but everything to do with revenue-raising. The Victorian government deliberately imposes unrealistic low speed limits in certain areas to annoy motorists, then installs speed cameras to book those frustrated motorists. The crazy thing is that there has never been a safety issue at these intersections.
Nobody ever had a problem at those spots when the speed limit was 60km/h, but it is obvious that the Victorian government hunted around for a few more places to place their taxation machines and found these two intersections were good candidates for some gouging, even though there were no safety problems in those areas. It's another despicable money grab by the government.
Victorians need to rally together at the next election to run candidates against any politician who will not give an ironclad binding guarantee in writing that he will remove all these disgusting machines from their roads. One of the best methods is to confront politicians at their public appearances and embarrass them by challenging them to name just one speed camera that has saved one life or prevented one accident. Of course they will never be able to do this.
Thanks to Adrian Clarke for this item.
21 January 2014 - The introduction of a pay-by-phone parking system in Melbourne is expected to cut the council's fine revenue by as much as $900,000 a year. The new Payzone system, imported from Ireland, will let motorists pay for on-street parking at the City of Melbourne's 12,000 parking bays via a smartphone app, under a proposal to go before the council. A trial of similar pay-by-phone technology has been running in Carlton since 2011.
Motorists who use the service register their details and are charged via credit card. They receive a text message reminder 15 minutes before their parking limit expires and do not have to display a ticket on their car. According to a council report, the new technology could lead to a reduction in fine revenue of about $900,000 a year. The rollout of the pay-by-phone parking system will cost the council $890,000 over three years, but this is expected to be offset by $460,000 saved in maintenance when hundreds of old parking meters are removed.
It is hard to see how any council would forgo this sort of revenue, even though the reduction in meter maintenance would offset it by a considerable amount. One can only imagine that parking fees will go up to cover any shortfall in revenue, as councils these days are so reliant on income from fines and parking fees to bolster their budgets.
But why would any motorist want to pay parking fees anyway, considering that by rights, the paying of car registration fees should confer the right to park one's car on any street that is funded and owned by the taxpayer? The whole paying for parking system is wrong and unfair, but the best way to protest against this is to use the power of the boycott and never park at metered parking places.
Boycotting metered street parking denies these rapacious councils revenue and completely eliminates any risk of being booked. One can always go shopping at places that do not charge for parking, such as shopping centres and some suburban commercial areas. It's easy to do and CARR always prefers to see motorists keep their money in their pockets instead of forking it out to governments. We already pay too much in tax.
14 January 2014 - NSW road safety officials claim that texting, surfing the internet or talking on the phone while driving is now one of the top five causes of fatalities on NSW roads, along with speeding, fatigue and drink driving. The use of phones while driving has overtaken people not wearing seatbelts as one of the major causes of fatal car accidents, said Marg Prendergast, general manager of the NSW Centre for Road Safety, but the difficulty of collecting conclusive data about the role of distractions meant such accidents were under-reported.
"The problem is that people are addicted to their phones," Prendergast said. "The key message that people need to understand is: no phone call, no message, no song is worth risking your life or somebody else's. I just don't think people get that yet. This is our mission for the next decade – to highlight the dangers and get people to adjust their behaviour." Prendergast said that speeding represented 42% of all road fatalities, the most prevalent of all causes.
The warning came after NSW Police issued nearly 1000 fines in one day in February for phone use while driving, with one woman getting caught twice. The 29-year-old driver was first fined at 11am for allegedly talking on the phone and was stopped again 25 minutes later by a different police car. She lost three demerit points on each infringement notice and was fined a total of $608.
NSW police stated that such examples showed that people were ignoring safety messages about the use of phones when behind the wheel. "You would think that by now, every driver in NSW would be aware of the dangers and laws relating to talking, texting, online chatting or web browsing on a phone while driving," said Assistant Commissioner John Hartley, the NSW Police Traffic and Highway Patrol Commander.
More than a third of the 1000 fines were issued to drivers in Sydney's Central Metropolitan Region, which stretches from the CBD through the eastern suburbs and down to Sutherland. This was followed by drivers in the North West Metro with 173 fines, South West Metro, 110, Northern NSW, 85, Southern, 58, and Western NSW, 39. From July 2013 to January 2014, more than 20,800 mobile phone infringements were issued.
Professor Mike Regan, applied experimental psychologist at the UNSW Transport and Road Safety Centre, said that the high number of fines indicated that drivers need more education about the dangers of using phones. While he believes that safety messages such as the "Get your hand off it" campaign were getting through to people, drivers were simply finding ways to get away with the offence.
Regan stated, "The laws, it seems, are reasonably effective in targeting the sources of visual manual distraction, but I think the problem is that, generally, there's not enough police enforcement. Even if they are out enforcing the laws, it's quite difficult to see people interacting with these devices. These bans are only effective if they are properly enforced and the fines are high enough." Professor Regan urged car manufacturers and phone designers to develop technology for the Australian market that prevents people from using their phones while driving.
Marge Prendergast believes that current law enforcement was adequate and that more education was needed. She said that the government was exploring new ways to catch offenders, including the use of roving police cameras.
One can understand that texting or trying to surf the Internet while driving is very dangerous and distracting, but comprehensive research from all over the world, including the collaborative study in August 2013 by a team at the US Carnegie Mellon University and the London School of Economics proved that talking on a hand-held mobile phone was not dangerous. They analysed more than eight million incidents of car crashes and all fatalities on roads in eight US states.
Professor Saurabh Bhargava from Carnegie and Dr Vikram Pathania from the LSE found that while there was an increase in callers using multiple phone masts after 9pm, there was no corresponding increase in the number of road accidents. Dr Pathania said that they were very surprised by the results. "At first we thought the numbers were wrong. We went back and checked everything, but there was nothing going on at all," he said. "We just know that we saw a big jump in cellphone use and there was no impact on the crash rate."
Of course the Australian authorities completely ignore such research, because booking people for driving while holding mobile phones is a very lucrative and easy way to generate revenue, using the false pretext that doing this is dangerous. Well while this was legal for a good 12 years, there did not seem to be any increase in accidents involving people who were just talking on their phones while driving and not texting.
Then you get the nonsense spouted by general manager of the NSW Centre for Road Safety Marge Prendergast, who said that speeding represented 42% of all road fatalities, the most prevalent of all causes. The problem is that speed doesn't kill. Speed is a measurement of velocity and does nothing. What kills motorists is not driving according to the prevailing road conditions, vehicles that cannot be driven in certain conditions because of defective tyres and mechanical problems and most of all, the lack of skill and common-sense of drivers. People have been killed driving at 40km/h or less, so Prendergast's claims are so much nonsense.
Psychologist Professor Regan came out with much the same rubbish as Prendergast and advocated that car manufacturers should develop technology to prevent people from using their mobile phones while driving. This is complete and utter lunacy and a damn good reason why academics who don't seem to live in the real workd should be completely ignored. What if a motorist is the victim of road rage? How will he call the police if his car jams his mobile phone? What about motorists who encounter a serious accident. How will they call for an ambulance if their mobile phones are being jammed by their cars? The utter stupidity of this suggestion is beyond belief.
Why is Regan singling out talking on mobile phones and ignoring everything else that drivers can do? Modern cars have touchscreen audio, Bluetooth and GPS systems and it's not illegal to fiddle with these while driving. Motorists can bring up screens with keypads and dial phone numbers, send messages, select music tracks, enter GPS destinations, look for Points Of Interest (POI) and do a million things on those car systems and it's all legal. It's not illegal to eat a piece of fruit while driving. It's not illegal to do lots of things while driving that are far more distracting than holding a phone, but these academics never seem to get this message.
These NSW road safety experts mentioned drink-driving as a major cause of road fatalities. Did we hear them call for a total ban on alcohol for drivers? Of course not. Pilots are not permitted to consume any alcohol 8 hours before flying. So what is wrong with applying the same standard to car drivers? In fact driving a car at 100km/h on an undivided road, with oncoming cars driving at that same speed and passing each other within one metre is a damn sight more dangerous than flying an aircraft with a mandated separation of 5 nautical miles in controlled airspace, which is a good 9km apart.
But these so-called road safety experts never seem to call on the government to totally ban the consumption of alcohol for drivers, simply because the revenue from booze sales is far more important than taking active measures to prevent road fatalities from drink-driving. The hypocrisy is astounding. But what is more astounding is the utter stupidity of motorists, who refuse to use cheap Bluetooth hands-free devices while driving.
The one thing that is very obvious is that the police can easily see motorists holding mobile phones while driving, so why give the tax-collecting cops these opportunities to raise revenue for their masters in government? These idiots, like that moronic woman who was booked twice in the one day for talking on her phone while driving, deserve to be hit with massive fines, not for the offence, but for their stupidity in not spending $30 for a Bluetooth hands-free kit and never risking being booked again.
13 January 2014 - Further doubts have emerged about the economic case for the east-west link, with the Napthine Liberal government's secret business case revealing the benefits to Victoria could be overshadowed by the cost of building and operating the road. The state government's own estimates show that Victoria could recoup a loss-making 80¢ for every $1 spent on the project if so-called "wider economic benefits" are excluded from the analysis.
Although the government has long said that the benefits of the $6 billion-to-$8 billion tunnel far outweigh the costs, it has refused to provide details, insisting the project will produce a return of $1.40 for every $1 spent. But this represents a best-case scenario, relying heavily on a controversial branch of analysis known as "agglomeration economics", which holds that increased urban density linked to transport projects adds to business productivity.
Infrastructure Australia head Michael Deegan told a Senate committee that the government's unpublished business case also provided an alternative estimate, showing a benefit-cost ratio of 0.8 when wider economic benefits are not included. Under this scenario, the project would return just 80¢ for every $1 spent, suggesting an economic loss if the stock-standard analysis preferred by Infrastructure Australia is used.
In his response, Victorian state Treasurer Michael O'Brien said that the project would create 3200 jobs and it was entirely appropriate to consider wider economic benefits when assessing it. "Tunnelling is an undoubtedly more expensive way of delivering this project but the alternative - creating a freeway at grade - would devastate Royal Park, the Melbourne General Cemetery as well as hundreds of additional properties including schools," O'Brien said.
"The lived experience of Victorians has been that major transport projects such as CityLink, EastLink and the Western Ring Road have led to significant wider economic benefits for business and the broader community that should be taken into account in assessing the value of these projects. It is no different for the east-west link," O'Brien stated. Opposition transport spokeswoman Jill Hennessy accused Premier Denis Napthine of inflating the benefits of the project, while failing to invest in public transport. "Instead of meaningful investment in public transport, Denis Napthine's only priority is spending $8 billion on a dud road tunnel that won't do much," she said.
The big problem with infrastructure programs such as the Melbourne East-West Link is that they are farmed out to private operators such as toll road operators, who impose massive costs on motorists to use roads that should be freeways. Because of the squandering of revenue by both federal and state governments on stupid and unjustified projects, often to fulfil pork-barrelling promises in order to get themselves elected, there is not enough money for governments to fund proper road-building.
The truth is that there is more than enough revenue available to fund road infrastructure such as the East-West Link and it's not a matter of governments recouping the costs. Providing roads is the full responsibility of governments and if all the revenue from fuel taxes, excise and levies were ploughed back into road infrastructure, Australia would have a network of freeways to envy Los Angeles. But only a fraction of revenue from motoring is used for road infrastructure and the rest is squandered on stupid and worthless vote-buying, such as the Pink Batts fiasco, the Building the Education Revolution scam that saw school halls being built for $900,000 each when the true cost of them was about $200,000 or less.
Building roads is not a matter of cost-benefit analysis. It's a matter of governments being responsible to provide adequate freeway networks, not rely on tolls to recoup funds or private toll road operators to gouge motorists. The motoring public are entitled to have the best roads as part of essential government infrastructure. The East-West Link should be built with funds taken from motorist-related revenue, instead of this money being ripped off to be blown by governments on wasteful and useless projects that have nothing to do with motoring.
As for the calls for the East-West Link money to be spent on public transport, that's another area where governments should provide this service in any case. However, those people who advocate public transport instead of essential road infrastructure do not seem to realise that most people use cars and commercial vehicles because using public transport is simply not viable for them. Tradesmen need to transport their equipment and cannot catch buses or trains and neither can many other people. Governments need to provide both road infrastructure and public transport as part of their role and it's not a matter of trying to turn a profit on them.
Thanks to Adrian Clarke for this item.
11 January 2014 - A South Australian Member of Parliament stated that a threat has been made to prosecute people who have lent their cars to family or friends for weddings. Family First MP Robert Brokenshire said that several of his constituents in Adelaide have received warning letters after their cars were photographed being used for weddings. He said that a letter from the Transport Department claimed anyone running transport passenger services without accreditation can face penalties of up to four years in jail or a $15,000 fine.
The owner of a vintage car said that he was shocked to get a letter threatening to prosecute him for lending it to a family friend for a wedding. Kevin May stated that he had been warned of the risk of jail or a fine for lending his 1969 XW GT Falcon to a bridal party. He demanded that the warning be withdrawn immediately, saying it is an infringement of his human rights.
"I was quite upset about it at first - I thought it was a joke - and then when I studied the letter properly, you could see it had numbers on there and it was definitely an official letter and I thought 'God, blimey charlie, I was only trying to help someone out'," he said. "I wasn't trying to get a fine - $15,000 is a lot of money."
Robert Brokenshire said that the SA Government had gone mad. "It's one thing to be out there catching rogues that are impersonating accredited hire car companies, but when a family friend lends the Subaru or the Ford Falcon to a friend for a wedding and they receive a demanding prosecution letter, it's absolutely outrageous," he said. "Are the Government so tight with financial management at the moment that they're hitting innocent people with significant fines? I mean this is absolutely wrong. A person should be able to lend their car legitimately to a friend for a wedding without intimidation or fear of a fine or prosecution," he stated.
Transport Department manager for passenger transport, Bill Gonis, said the letters were only to inform people what was legally allowed. "It's a letter of warning and advising them if they want to speak to someone at the office we are more than happy to help them with any inquiry they may have," he said. "If they're simply just providing that service for a friend of theirs that's fine, that's the end of that. Again I just have to make that clear that we're not prosecuting people who are simply driving their friends around. "This is just really about ensuring public safety if some of these vehicles are going out, ensuring that some of these vehicles are roadworthy."
Here is another piece of utter illogical insanity from a money-grubbing state government. However, they won't get away with this nonsense. Any person is legally allowed to lend a vehicle to friend, or even to total strangers, for any use whatsoever, providing that the vehicle is not used for hire or reward.
CARR can only say to people that if they lend their car to be used for weddings, funerals, parties or any other purpose on a private basis, then this is completely legal. Anybody who receives a warning or even a penalty for doing this should tell whoever sent it to stick it where the sun don't shine.
Thanks to John Vance for this item.
07 February 2014 - Victorian speed camera commissioner Gordon Lewis wants the State Government to install more point-to-point cameras.Lewis also called for:
Lewis stated, "In my view the most important word in the road safety camera system is transparency. I believe that only by increased transparency in Victoria will the motoring public's cynicism about the accuracy of speed and red light cameras ever be assuaged."
He said that installing new point-to-point cameras would stop the dangerous "camera surfing" tactic many motorists had adopted. "They slow down just before they reach a fixed or mobile camera, then plant the foot again when they have passed it and only stop speeding as they approach the next camera," Lewis said. "You can't do that with point-to-point cameras. Your average speed for the full distance between the cameras can't be above the speed limit, which makes for safer driving."
Lewis said that a recommendation from him in his first annual report prompted police to provide very brief details about the criteria used to choose the state's 2000 mobile speed camera sites. "But they should go further and provide much greater detail on the history of each site as far as crashes, hoon behaviour and other factors go," he said. "At present, motorists who become aware of a particular mobile speed camera site have almost no information as to why that site was chosen. That lack of transparency can easily lead to motorists deciding a particular camera is placed in a particular spot for revenue raising."
These comments and recommendations from Lewis are a crock of baloney and he is merely trying to justify his position and defend the indefensible. He said that motorists should be convinced that speed cameras are life-savers rather than just revenue raisers. CARR openly throws down the challenge to Lewis to point out one single speed camera anywhere in the world that has saved one life. Of course he can't do that, simply because he knows that these cameras cannot do anything except take happy snaps of people driving by on their way to their deaths, but do not stop them from killing themselves and others.
The truth, backed up by hard evidence proves that wherever speed cameras have been removed, the accident rate has either remained the same or has actually fallen, such as in Swindon in Britain. Of course Lewis will completely ignore hard facts about these revenue-raisers in order to try and justify their existence and the money they rake in for his government. As for red light cameras, hard statistics from all over the world have shown beyond doubt that the accident rate increased at intersections where red light cameras were installed, often by over 40%. Why does Lewis ignore these facts? Money, that's why. Revenue from fines is more important to the Victorian government than safety and accident prevention.
As for Lewis's recommendation that motorists be given free access to the photos taken by speed cameras in order to determine whether they should contest the fines or not, CARR advises every motorist booked by speed or red light cameras to always contest fines on the basis that those cameras are not certified under the National Measurement Act and thus cannot be regarded as accurate measurement devices under federal law. There are many other grounds that can be used to fight camera fines and every camera-generated fine should be challenged.
Lewis had the nerve to say, "I believe that only by increased transparency in Victoria will the motoring public's cynicism about the accuracy of speed and red light cameras ever be assuaged." What a load of garbage. If the speed and red light cameras in Victoria are anything like the cameras in NSW, at least 14% of them will be defective at any one time. These cameras are considered to be accurate scientific instruments fror the purpose of generating fines, but of course many of them can be proven to be inaccurate or defective, for instance one booking a parked bus allegedly doing 80km/h. All motorists booked by such cameras should subpoena their testing history and demand that the prosecution prove beyond reasonable doubt that they were dead accurate at the exact times that they generated the infringements.
Lewis is like all the other politicians and bureaucrats who falsely claim that speed kills. This is utter garbage and a mantra that they use to impose artificially low speed limits in order to create more opportunity to generate revenue from speeding tickets. Speed cannot kill - it's just a measure of velocity. Fatal accidents occur when motorists do not assess the conditions or have adequate driving skills for those conditions at any speed.
Motorists need to organise themselves and stand against these politicians at elections and get them thrown out on their collective ears because those politicians who claim that speed kills and that speed and red light cameras increase safety are just blatant liars. In the meantime, CARR openly challenges Gordon Lewis to an open debate about speed cameras to prove that what he says is true, when all the evidence from around the world shows the exact opposite. CARR challenges Lewis to go and stand on the side of the road with a camera and prove that this will stop somebody speeding or will prevent somebody having an accident.
Thanks to Adrian Clarke for this item.
01 February 2014 - Northern Territory police have hit out at drivers who exceeded 200km/h during the first hours of a trial of open speed limits. The territory removed speed limits on a stretch of the Stuart Highway north of Alice Springs as part of a 12-month study. The road was not subject to speed limits until 2007, when 130km/h maximums were introduced.
Northern Territory Transport Minister Peter Styles said he had not seen any irresponsible drivers on the highway but was disappointed when told people had driven at more than 250km/h on public roads. He stated, ''This is a long section of road with very low traffic volumes. This road is not an autobahn. If people want to do those speeds, then I suggest they go to Germany. Styles said the road was selected for a trial without speed limits because it had not had speed-related deaths on it for a 10-year period.
The most telling comment came from Northern Territory Transport Minister Peter Styles, who said that the particular stretch of road where speed limits had been removed did not have any speed-related deaths on it for 10 years. Obviously there were some deaths on this road when the limit was 130km/h, but not caused by speed. And the truth of the matter is that speed does not kill, in exactly the same way that speed cameras do not prevent accidents. Speed is a measurement of velocity and does+ nothing in itself. Motorists who drive faster than their skills and their vehicles allow them to proceed safely are the danger, not some stupid intangible that governments call "speed".
Motorists have a responsibility to drive safely by assessing the state of the road and the capabilities of themselves and their cars. Obviously a very experienced driver in a Ferrari or an Aston Martin could very safely drive on this stretch of road at 200km/h and even an experienced motorist in a recent model Holden or Ford with good tyres would be quite safe driving at that speed. A person driving a car with worn steering and bald tyres is a menace at any speed. It's not the speed that kills, it's the idiot who can't drive properly and has a crappy car who will cause accidents and fatalities.
Of course governments do have a responsibility to impose speed limits in order to cover the wide gamut of vehicles on the road, in order to protect most of the drivers. The problem is that governments do not use criteria that is scientific and well-researched, such as the famed "85 Percentile" to set realistic speed limits that have been proven to be safer than the current limits that are set artificially low. And why are they so low? The answer is to give the government and police more opportunity to book frustrated motorists in order to raise revenue from them in the form of infringements.
It will be interesting to see the accident statistics from that Northern Territory speed limit-free road after a year. If it remains idiot-free, it will prove for once and for all that speed does not kill and all those statements from governments and police that speed kills will be shown to be utter garbage.
Thanks to Alan Dray for this item.
31 January 2014 - In Western Australia, more than 1300 infringements have been issued for motorists using mobile phones after a one month trial of unmarked police motorcycles on Perth roads. Police Commissioner Karl O'Callaghan said he was disgusted but not surprised by the results. People were caught using their phones, drinking a beer on the freeway with children in the back seat and putting on makeup.
O'Callaghan said, "The introduction of the unmarked motorcycles has been a fantastic success for us. We've actually issued more than 1300 infringement notices for people using their mobile phones and more than 200 infringements notices for people not wearing their seatbelts during this campaign time."
O'Callaghan said that helmet cameras had captured motorists who did not realise they were being pulled over by police. "This is classic mobile phone behaviour - people are so engrossed in using their mobile phones and texting that they can neither see a police officer nor are they looking at the road and they are creating an enormous danger to themselves and other people," he said. "Bear in mind, over the last four years, we know that in 146 cases of fatal crashes it has occurred because of inattention. I think that mobile phone usage in cars is one of the most arrogant things any driver in Western Australia can do."
Motorcycle Traffic Patrol Sergeant Simon Baxter said the trial showed how endemic mobile phone usage had become. "We have one example on the Freeway where a person's looking at their mobile phone, they then put the phone down and they take a drink from a stubbie. Now, the horrendous thing about that is there's two children in the back seat," Sgt Baxter said. "The potential for that to turn into a really serious crash involving children is not worth thinking about."
It is ludicrous that a motorist can be booked for holding a mobile phone while driving, yet cannot be booked for drinking from a bottle of beer, as was quoted by that WA cop. There is no law against taking a drink while driving, even an alcoholic drink such as beer. It's not against the law to comb one's hair, hold and eat a sandwich while driving, or fiddle with a packet of candy, yet it's a mortal sin to hold a mobile phone while driving. Yet all of those other activities while driving could be deemed to be just as dangerous as holding a phone.
For many years since the introduction of the cellphone, people have driven and held their phones with no problems. Sure, texting while driving is dangerous because it requires the driver to look at the phone screen, but holding a phone while talking on it is no different than holding anything else and talking at the same time. Of course state governments have realised that motorists holding phones can be easily seen by cops and make excellent targets for raising revenue, so they made it an offence to hold a phone and are now boosting their budgets at the expense of motorists who are not doing anything dangerous at all.
Many cars these days come with touch screens for integrated entertainment and navigation systems. Motorists are quite entitled to look at these screens, poke away at them with their fingers and do all sorts of things with them while driving. All of these systems have Bluetooth to connect to mobile phones and motorists can bring up keyboards on those screens and enter phone numbers and operate their GPS and other functions while driving at high speed and this is legal.
This merely proves that activities that are far more distracting than holding mobile phones are quite legal, because the cops can't do much about them, but it's easy to entrap people holding mobile phones, even if they are not talking on them. So again, motorists are used as cash cows and the cops have deployed unmarked motorcycles to make it easier to entrap them. This can all be avoided by using an inexpensive Bluetooth hands-free car kit.
Thanks to John Vance for this item.
30 January 2014 - It has been reported that a single speed camera in Sydney is taking more than $12,000 a day. The camera on Sydney's Eastern Distributor is at the top of a list of Sydney's 20 most lucrative, when combined, put $17.6 million in the government's coffers in just six months. The Eastern Distributor camera snapped 10,047 speeding drivers, an average of 54 a day and collected $2,275,724 in fines in the six months to 31 December 2013. The camera has topped the Office of State Revenue's speeding notices' list since the 2011-12 financial year.
A camera in the southbound lanes on Botany Road at Rosebery came in second, again, with 7,266 fines in the six-month period, followed by Cleveland Street eastbound at Moore Park with 5,515 notices. The top 20 fixed speed cameras caught a total of 80,479 drivers.
Opposition roads spokesman Walt Secord said that under the O'Farrell Government, speed cameras have been turned into cash registers. "Before the March 2011 election, Barry O'Farrell said he would remove them, but in government he has been rolling them out across the State," Mr Secord said. "Speed cameras for safety purposes are necessary, especially in school zones, but Barry O'Farrell has turned them into cash registers for his Government."
A spokesman for Roads Minister Duncan Gay said that speeding was a factor in 148 road deaths last year. "In NSW, we use a high visibility approach to address speeding, with cameras supporting enforcement conducted by NSW Police," he said. In NSW there are fixed speed cameras at 108 locations, red light speed cameras at 126 intersections, 13 mobile speed camera vehicles and 22 point-to-point enforcement lengths for heavy vehicles.
The hypocrisy of Labor roads spokesman Walt Secord is staggering. His Labor government was in power for 16 solid years in NSW and is responsible for installing virtually all the speed and red light cameras in the state. Now he's bleating about the O'Farrell government's continued use of these revenue-raisers. Where the hell was he when Labor was in power for all those years? Why didn't he have these cameras removed? These politicians are so grubby and corrupt that it's beyond belief.
The revenue figures show that speed cameras are raking in the dollars in huge amounts, however not one of these devices has ever been shown to have saved one life or prevented one single accident. Well, how can a camera by the roadside save a life? It doesn't throw out a net when it detects a speeding car and stop it immediately. No, it allows the speeding car to hurtle past and takes a photo of it and that's all. However, that speeding car could cause a catastrophic accident one minute after it was photographed by the speed camera, but the camera could not prevent this.
Every time a report like this is released, CARR keep singing the same old song, that no motorist needs to ever be booked by a speed or red light camera if he deploys simple and very cheap technology. An inexpensive GPS receiver for under $100 with camera warnings will safeguard a motorist from every being booked by a camera. One has to wonder about the 54 idiots who get booked every day in the Eastern Distributor tunnel and don't take the simple precaution of using some sort of warning device. Of course there is always the possibility that the camera is defective and the bookings should be challenged.
The report stated that the top 20 fixed speed cameras caught a total of 80,479 drivers. What the hell is wrong with these people? Are they so thick that they can't take the simplest measures to avoid being ripped off like that? When reports like this are seen, it's obvious that nothing CARR says or does is going to educate these fools into taking active measures, so all we can say is that if they get pinged by speed cameras, then they deserve to pay the fine.
27 January 2014 - A Gold Coast woman was slugged $3000 in parking fees while visiting her dying partner in the new $1.76 billion Gold Coast University Hospital. As if caring for her cancer-stricken partner of 35 years was not tough enough, disability worker Michelle Sullivan was forced to pay $990 a month to park at this hospital.
Hefty parking fees at the new hospital have angered patients, visitors and staff and caused chaos in neighbouring Parkwood as they and Griffith University students resort to parking in residential streets and businesses. Sullivan was too grief-stricken to speak after her partner and lifelong friend Kaye Ireland's funeral, but her family told of their anger at the fee impost. Her siblings James Sullivan and Darylyn Robb said that the hospital parking fees were an added cruel blow for their sister and other people visiting seriously ill relatives and friends in hospital.
Sullivan said, "This additional cost is absolutely sickening for families dealing with a loved one's terminal illness. It's even more sickening for families whose main bread-winner is hospitalised. They're already struggling to pay the mortgage, household bills and medical costs without having to stump up a fortune for parking at the hospital. It is absolutely un-Australian that a Government, through its health department, makes money out of a family's misery.'' Sullivan said he intended lodging a formal complaint with Health Minister Lawrence Springborg.
State governments have discovered a new source of revenue-raising that is as disgusting as their speed camera highway robbers. Hospital carparks are now used to gouge vulnerable people who can least afford the outrageously unfair parking fees at these places. However, there is a solution and it is more or less what CARR advises people to do against all rip-offs and that is to use the power of the boycott.
The report stated that "disability worker Michelle Sullivan was forced to pay $990 a month to park at this hospital." Now CARR is very sympathetic to this woman and anybody else who is being gouged, but the report is wrong. Sullivan was NOT forced to pay one cent, because parking at any hospital is not compulsory. Sure, it's convenient, but nobody is forced to park in these places and be ripped off. There is always a way to avoid this disgraceful situation and that is to use the power of the boycott and make other arrangements.
Nobody ever needs to be booked by speed cameras if they take active measures. Nobody ever will be booked for overstaying in a metered parking spot if they don't park in them, but do their shopping and other business in places with free parking. The same goes for hospital carparks. If you don't park in them in the first place, you won't pay a cent. CARR's method to beat the rip-off is quite easy.
Just about every hospital has some form of public transport going to it. So the way to get around the parking problem is to drive to a suburb very close to the hospital that is on a bus route that goes directly to that hospital. Park in a side street that has no parking restrictions and catch the bus that may only take a few minutes to get to that hospital. Instead of paying a fortune to park in the hospital carpark, you will only pay for the return bus fare, which is quite affordable.
In that way you will achieve two important things. You will save a lot of money in parking fees, especially if you have to go to the hospital every day and you will deny the government the parking fees. If everybody did this and nobody parked in those hospital carparks, then governments would have to make parking very affordable or lose a lot of money running carparks that have no cars parking in them. But as much as CARR sympathises with people like Michelle Sullivan, she was not forced to park at the hospital and pay outrageous parking fees, but could have parked a couple of kilometres away in a side street and caught a bus to and from the hospital.
Thanks to Steve Howton for this item.
26 January 2014 - Liberal Democratic Party Senator David Leyonhjelm proposed that Australian states should change the existing speed limits with those set, not by anonymous unelected bureaucrats, but by motorists. The method he supports is that of the 85th percentile. It is based on the assumption that no reasonable driver wants to crash, therefore speed limits should be reset based on the monitored speeds of 85% of drivers in designated ares where there is no speed limit. Along with this plan, he also proposed to remove some of the 40km/h zones.
Leyonhjelm stated that motorists shouldn’t be treated like "sinful children and a source of revenue", as the majority of people would certainly travel at 140km/h on freeways if speed limits were removed and that the only way not to have people injured in car crashes would be to reduce speeds to about 20km/h. Of course something like this would definitely not be acceptable.
However, the proposal wasn’t too well received, with a spokesperson from the Department of Infrastructure and Regional Development saying that their National Road Safety Strategy actually worked and road deaths have decreased by 16%.
It is wonderful to see a politician finally propose a sensible scheme for speed limits. The principle of the 85th percentile has been shown to be the most sensible way to determine safe speed limits, but of course no politician in either the Liberal or Labor Party would consider doing this, simply because it would eradicate most of the revenue-raising from speed cameras and cops with speed guns. Motorists would have speed limits that are commensurate with their expectations and only idiots would drive much faster than those sensible limits.
For instance, the Hume Freeway between Sydney and Canberra is a three lane per side divided road that is better than most German and Italian super freeways that have no speed limits. However, the speed limit on this road is a ludicrously low 110km/h, which frustrates anybody who drives on it. Media owner John Singleton was booked for driving on this road at 160km/h and he beat the infringement by quite rightly claiming that it was perfectly safe to drive his Bentley at that speed. But most modern cars are completely safe to drive on roads like this at 160km/h.
The reaction to this proposal by the Department of Infrastructure and Regional Development was completely predictable and the statement that their strategy worked by reducing road deaths by 16% is nonsensical. If the 85th percentile-based speed limits were introduced, chances are that the paltry 16% reduction in road deaths would be much better. But it's typical of any government department to make claims about road matters, especially those bogus claims that speed and red light cameras save lives, which is utter garbage and an outright lie.
CARR applauds David Leyonhjelm for this proposal because it is based on hard research over many years that has proven that this method reduces accidents and road deaths. The other thing it reduces is the opportunity for governments to raise revenue by entrapping motorists, but as Leyonhjelm stated, it is high time that motorists ceased to be treated as sinful children and a source of revenue.
Thanks to John Vance for this item.
24 January 2014 - In the USA, the debate over automatic cameras for speed and red light enforcement is already fairly intense, but a secret audit from 2012 of the traffic cameras in Baltimore, Maryland showed that 13 camereas had a double digit error rate, which helped to account for a system-wide error rate of 10%. Of course the secret part of this secret audit was that the findings were never released to the public.
Baltimore City officials originally said that the cameras had an error rate of less than a quarter of a percent, but the audit found that most were not only off, they were way off. Three specific locations in the city had error rates that varied from 35% to 58%. A total of 700,000 tickets were issued in fiscal year 2012 averaging $40, and a 10% error rate would mean that close to $2.8 million in fines were collected erroneously.
Baltimore first started using speed cameras in 2009 and fired the initial monitoring company, Xerox State and Local Solutions, due to accuracy issues. The subsequent company, Brekford Corporation was fired in December 2013 after the city's cameras were shut down. It's not clear if Baltimore plans to reimburse those wrongly charged with automated speeding tickets.
This sort of disgusting rip-off is occurring all the time with speed and red light cameras wrongfully booking motorists. These devices are notoriously inaccurate, according to audits and investigations from many nations, but state governments in Australia continue to lie to the motoring public that these cameras are not only accurate, but have been certified as scientific instruments that cannot be challenged.
There have been many instances of wrongful bookings by speed and red light cameras. In recent times, in the USA, the Baltimore Sun's website featured a video clip of a Mazda vehicle stopped at traffic lights in December 2012, with its brake lights clearly lit. The vehicle was booked for allegedly driving at 38mph in a 25mph zone, however the car was not moving at all. In 2013, a bus in Adelaide was booked by a camera for driving at 80km/h when it was actually parked.
So how do motorists fight such wrongful bookings if they don't have any corroborating evidence to back up their version of events? Very simply, unless they somehow get hold of a video clip or a photo to prove that they were not committing any offence, then most courts will convict them. The unfairness of the system is legendary, because courts are obliged by legislation to treat these cameras as accurate scientific instruments whose readings are beyond dispute. In fact the opposite is the truth, where these cameras are notoriously inaccurate and defective.
CARR may be sounding rather monotonous and boring by now, but again it has to be said that without hard evidence in the form of a GPS-logged time and date-stamped video clip from a car black box recorder to prove a wrongful booking, whether it came from a camera or a cop with a speed gun, a motorist has little or no chance to beat it and that is the tragedy of the situation. Without such evidence, most motorists find it too costly and time-consuming to go to court and challenge such wrongful bookings, so they grit their teeth and fork out this money and this is blatant extortion by the state.
However, if a motorist is armed with hard evidence from a car black box recorder to show that he was wrongfully booked, not only can he beat the infringement in court, but he would be most justified in suing the state for his costs, loss of earnings and even claim exemplary damages for aggravation and suffering and this is exactly what all motorists should do. If every driver had a car black box operating and challenged every wrongful booking and sued the government, the current unfair system would soon disintegrate.
Thanks to Santo Calabrese for this item.
24 January 2014 - Brisbane City Council officers are using covert tactics, including photographing numberplates, to nab increasing numbers of parking offenders at Westfield Carindale. The fines dished out for "stopping on a road with a yellow edge line" in Millennium Drive at Carindale more than doubled in a year. That iss despite regular complaints by motorists about a lack of pick-up and drop-off spots surrounding the centre.
Cleveland resident Greg Bahr stopped for three seconds on Millennium Drive while dropping a relative at work. Bahr said that he didn't see a council officer, but received a $110 fine in the mail. He stated, "There's two lanes there and an island. Where I stopped, there's no way you're creating a hazard and everybody was doing it. I was there for three seconds, put my blinkers on, and they hopped out - a $110 fine for stopping for three seconds. They need some drop-off zones because there's nowhere to drop anyone off."
Carina resident Michelle Evans was also slugged with a fine after her husband Paul dropped her at work at Carindale at 8.46am the same day. "I didn't see anyone that day. They must have been hiding somewhere," she said. Evans said that a drop-off zone was much needed, particularly for young people who relied on their parents to drive them to work. "There are so many cars that stop there, it's not funny," she said.
The issue has prompted council to approve construction of new two-minute pick-up and drop-off zones at Carindale at a cost of $40,000, although works are yet to be officially scheduled. A council spokeswoman said that the council had increased parking patrols around Carindale due to "intensified" vehicle traffic and safety concerns for pedestrians and motorists. The spokeswoman confirmed that officers could take photographs to collect evidence of an offence. "For these type of offences, officers often do not have the opportunity to approach the vehicle to speak to the driver and issue the infringement before the vehicle drives off," she said.
Deputy Infrastructure chair Councillor Ian McKenzie said that Carindale had a high volume of traffic so it wasn't safe for motorists to be stopping unexpectedly in areas marked with yellow lines. "Council does recognise the need for more passenger loading facilities around the shopping centre and we are working to provide that, but until then motorists have the option of dropping off passengers at signed loading zones in the area, for example on Carindale Street," McKenzie said.
The first thing to note is the nonsense emanating from Brisbane City Councillor McKenzie, who said that because of the high volume of traffic, it wasn't safe for motorists to be stopping unexpectedly in areas marked with yellow lines. This road has two lanes and an island and the only problem with it is that some fool has painted yellow lines there. How can this piece of road be dangerous, when most suburban two-lane roads on the planet are safe for motorists to pull up briefly and drop people off. As for his rubbish about stopping unexpectedly, motorists don't suddenly hit the brakes to pull up - they slow down and cars behind them can either wait the three seconds that it takes to drop people off, or move to the other lane to pass the briefly stopped car.
The real issue here is that like most capital city councils, Brisbane City Council is scrabbling for more and more revenue and has discovered that motorists are a fabulous source of this money. They deploy more rangers and find every little pretext to book more motorists, such as the recent reports of rangers booking residents for parking across their own driveways. Most motorists are apathetic and just meekly pay these fines instead of fighting them. But people who are sick of their own councils ripping them off need to take action against the councillors who are responsible for this gouging.
Citizens need to organise themselves into groups and stand against those councillors in local elections and have them thrown out on their ears and replaced by motorist-friendly people. Citizens need to fight back and use video and still cameras against sitting councillors and their employees to record their travesties and have them prosecuted in the same way that they prosecute citizens. We the people have the power to deal with this unfair revenue-raising, but we can only really do it in numbers. The people residing in the Brisbane municipality need to deal with the council to force it to stop this gouging.
Thanks to Susan Heilbronn for this item.
24 January 2014 - Speed cameras did nothing to improve safety on the roads of Pima County in Arizona USA, so county supervisors decided earlier in January 2014 to cut ties with American Traffic Solutions (ATS), the for profit company in charge of the program. The automated ticketing contract expired on 06 January 2014. The crash rate throughout the entire Pima County road system declined 19% since 2008. However, isolating just the eleven camera sites indicated that the three-year crash rate across the camera locations decreased only 13%, which was lower than expected. At some sites, accidents increased and at others they decreased, suggesting the photo ticketing had no effect on safety. The county analysis found that accident severity also stayed the same.
Meanwhile in California, Walnut city council decided to keep red light cameras clicking beyond the automated ticketing contract's 27 February 2014 expiration date. In the face of renewed questions over the program's effectiveness, the council renewed the contract with scandal-plagued Redflex Traffic Systems for just three months as councilmen weigh the evidence. The Australian firm has been mailing tickets, now $500 each, since 2007.
"Photo enforcement programs will typically cause an increase in rear-end type collisions and cause a decrease in broadside type collisions," city management analyst Rosalea Layman admitted in a memo to the city council. According to the city's analysis, rear-end collisions increased 53% from 5.7 to 8.7 accidents per year and broadsides dropped 21% from 1.4 to 1.1. By the city's own figures, one non-injury broadside collision was traded for 21 rear end collisions, several of which involved injuries. After the cameras were activated, the city installed dedicated right and left turn lanes to improve traffic flow. The city blamed the rear end collision increase on the traffic improvements, but credited the cameras alone with the broadside collision result.
Not so fast, said Jay Beeber, Executive Director of Safer Streets LA. Beeber decided to double-check the city's analysis against ten years of data from the California Highway Patrol's Statewide Integrated Traffic Records System database of traffic collisions (five years before and five years after). The numbers show broadside collisions did not decrease, they doubled. Beeber stated, "No argument can be made that photo enforcement has improved safety at this intersection or within the city of Walnut. In fact, the use of red light cameras appears to have decreased safety and put roadway users at increased risk."
In the USA, residents in 25 cities have taken action to ban red light cameras and speed cameras. The same fervour has spread across the border to Canada where residents in Morinville succeeded in gathering 900 signatures on a citizen initiative to ban automated ticketing machines. The council on Tuesday gave a first reading to the proposal, potentially setting up the first-ever direct vote on photo enforcement in Canada. "We demand a new bylaw to have all traffic enforcement done by either Royal Canadian Mounted Police (RCMP) or the community peace officers, thus eliminating the use of photo radar or red light camera enforcement," stated the petition submitted by resident Cliff Haryett.
Citizens in other nations are also rising against speed and red light cameras. Vigilantes in Manchester, England set fire to a speed camera in January 2014. The automated ticketing machine on Pine Road in Tameside was completely destroyed with burning tires. Another camera was destroyed on Huddersfield Road. In Portsmouth, officials announced they had just replaced the speed camera that had been destroyed on the A3 on 30 December 2013.
In Morbihan, France, three speed cameras were destroyed within a few days in January 2014, A camera in Moustoir on the RD767 and one in Plouay on the RD769 were set on fire. A third camera was also burned. Since September 2013, one-third of the cameras in the region have been attacked and 33 have been completely destroyed. In Ardeche, officials were forced to remove a brand new average speed camera after vigilantes removed the camera pole and cut the cables to the device in Saint-Jean-le-Centenier.
In Crespina, Italy, vigilantes knocked over a speed camera sign, defaced the camera lens, pried open the camera box and set the inside of the device on fire. In Imola, a speed camera on the Viale Amendola failed to prevent a crash on 15 January 2014. A Toyota Corolla rammed the automated ticketing machine. The Toyota continued forward and hit a police car at the intersection. Meanwhile in Paderborn, Germany, a vigilante swiped a speed camera from the B64 motorway.
What do these reports tell motorists? Very simply, they prove what CARR has been saying for many years, that not only are speed and red light cameras deployed to raise revenue, but they cause accidents. It is a proven fact that wherever red light cameras are deployed, the accident rate at intersections increases. The 10-year study by David Andreassen from Monash University proved without a shadow of doubt that wherever these cameras were installed, accident rates increased dramatically, up to 40%. In other nations, the accident rate at such intersections increased over 50% after red light cameras were installed.
The same goes for speed cameras. Road safety has not improved because of their deployment and people are starting to realise it. Simple logic would tell a person that a speed camera cannot stop a speeder driving past it and then causing a major accident with multiple fatalities. It's just a camera that takes snapshots, but does not do a single thing to prevent accidents from occurring. Therefore the use of fixed and mobile speed cameras has only one purpose, that of raising revenue for the governments that have them installed and for the benefit of the private companies, such as Redflex and ATS to make huge profits from the misery of motorists.
In many nations, motorists are getting fed up with this deliberate gouging and ripping-off and some of them have taken direct action by destroying speed and red light cameras and others have pushed their legislators into having them removed and that is wonderful to see. CARR does not condone vandalism in the normal course of events, but when one's own government acts against the people by deploying machines that are proven to not increase road safety, but are installed to raise revenue, then the people have a right to act against such travesties.
In Australia, various state governments have continued to trot out reports that allegedly prove that these cameras increase safety, however these reports, generally from people who are employed by governments, fly completely in the face of hard evidence from all over the world that show the exact opposite. For instance, in NSW and Victoria, politicians who screamed for years that those cameras were just revenue-raisers, managed to have their lackeys, such as Auditor-Generals, produce reports that justified them to roll out more of these devices.
CARR's position has not changed. All fixed and mobile speed cameras and red light cameras must be removed completely. Motorists need to organise themselves into lobby and political groups and put pressure on politicians and councilmen to act against these devices. Every motorist who is booked by a camera needs to fight the infringement in court and show that not one of these cameras has been officially certified under the Federal Weights and Measurements Act, therefore cannot be used to accurately measure speed. There are many ways to successfully fight such camera infringements, but the best way is to make it untenable for politicians to remain in power unless they have those cameras removed.
Thanks to John Vance for this item.
23 January 2014 - Queensland Police have been accused of committing the same offence as one that they booked a civilian motorcycle rider for committing. A cop was video recorded stretching his leg while riding his motorcycle, two weeks after a civilian rider was fined $146 for doing the same. Sean White captured the image with his dashboard-mounted video camera while driving his van on the Ipswich Motorway on 22 January 2014 around 7.45am.
White compared the incident to the 06 January 2014 booking of Jake Sloman who was pulled over by police on the Logan Motorway and fined, for "taking his foot off the footrest" while riding. Sloman’s fine sparked a wave of criticism and complaints on social media, resulting in Police Commissioner Ian Stewart conceding that he also sometimes stretched his legs while riding. Sloman was riding along the Logan Motorway when he stretched his leg. Police pulled him over and fined him $146 for the offence of "Fail to keep both feet on footrest".
Sloman said that he tried to explain he was just stretching his leg but was still hit with the fine. "I've never heard of anyone else being done for taking their leg off for a second. I could understand it if I was riding along with my hands off the handlebars and something ridiculous, but having stretch is a bit far." He said that even though he knew other bike riders did the same thing, he did not intend to contest the fine. "I don't have the time or money - it would probably cost me more if I do lose," Sloman said.
It is interesting to note that Jake Sloman stated that he did not intend to contest the fine, which is very disappointing. Police know that most motorists don't have the expertise or experience in court to successfully fight such preposterous infringements, so they hand out tickets and know that they won't be challenged. The other problem is exactly what Sloman intimated, that they system is rigged to make it as hard and as expensive for motorists to take these matters to court.
The usual procedure for a motorist who wants to contest an infringement is that he has to attend court to set a date for the hearing, then attend the court on another day for the actual hearing. This involves the loss of two days work and pay and of course it does not guarantee that the motorist will win the matter. So the motorist will be out of pocket for two day's pay and will probably be fined anyway, plus pay court costs. This is why the entire infringement system needs to be completely eradicated, because it is rigged against the motorist.
There is probably not one motorbike rider who has not stretched his leg while riding, including that cop that was filmed by Sloman. It is a ridiculously stupid offence that should never be on the statutes and anybody who is booked for this should fight the infringement in court. Motorists should fight any infringement that does not make sense or logic, even if they are listed as offences, in order to get these offences removed from the law.
Thanks to Susan Heilbronn for this item.
23 January 2014 - Victorian Road Policing Command Assistant Commissioner Robert Hill has told police to start fining more motorists for low-level speeding offences. He said that it was time to make travelling only a couple of kilometres above the speed limit as socially unacceptable as drink driving. He said that more traffic operations were planned for 2014 than in 2013 and speed was the main focus.
Hill stated, "I expect there to be an increase number of low-level speeding infringements issued by our members in the future until the attitude is changed on our roads. What we have said to our members is to focus on speed enforcement. The speed limits that are set at the maximum speed you can travel at, having regard to the road conditions. If we can reduce our mean speeds across the road network we will save lives, and this is all about saving lives. Whether you're 5km/h or 15km/h over, if you speed, you can expect to be stopped by police."
Hill said that the strong stance on low-level speeding was being taken because 15 deaths and 300 serious injuries could be prevented each year if drivers cut their average speed by just 1km/h. He warned motorists to stop setting their own "de-facto" speed limits, especially when setting cruise control.
"The evidence is very clear; speed is the absolute killer on our roads.The culture has shifted in respect of drink driving, it's now socially unacceptable for people to get behind the wheel of a motor car and drive while affected by alcohol, but the same cannot be said for speeding. Across our community, people don't appreciate that low-level speeds can be just as dangerous as high-level speeding," Hill stated. Drivers who exceed speed limit by less than 10km/h are fined $180 and receive one demerit point, while speeding over the limit between 10-15km/h will cost $289 and three demerit points.
Firstly, as we all know, speed does not kill. Idiot drivers in unsafe cars cause accidents, regardless of the speed they were driving at. So Hill's comments are just so much utter bullshit. His statement in regard to make travelling only a couple of kilometres above the speed limit as socially unacceptable as drink driving is equally preposterous. He would know that the speedometers on most cars are wildly inaccurate and can vary greatly merely by the difference in tyre pressure.
For instance, the speedometers in CARR Webmaster Ziggy's Mazda 6 Luxury Sports Hatch and his lady friend's Mazda 3 SP23 vehicles were found to be inaccurate by around 4 to 5km/h when extensively tested by GPS speed measuring devices. CARR has received many emails from people saying the same thing. So how on earth can the top cop in Victoria insist that people will get booked for speeding, when the instrument that gives them their speed is inaccurate? And what about the documented measuring errors in police speed guns?
In any case, how much more unsafe is it to drive at 63km/h in a 60km/h zone? The difference is not even noticeable to a driver with a speedometer that will in literally every case be wildly inaccurate? Or is it so much more dangerous to drive at 103km/h in a 100km/h zone? To be booked for this is beyond belief, but of course we all know why Hill has ordered police to do this. It's all about raising revenue and nothing else.
CARR advises that any motorist who is booked for going a few km/h over a speed limit should refuse to pay the fine and take the matter to court. Even the police's own speed measuring equipment has documented tolerance errors listed in their operations manuals. It can be shown to a court that if a motorist is booked at 63km/h in a 60km/h zone, the tolerance range of police speed measurement equipment can be proven to be inaccurate enough to not be reliable and thus the infringement should be dismissed.
Don't let the cops get away with this preposterous nonsense that speed kills and especially don't let them get away with booking you for driving at a couple of km/h over a limit when your speedometer and their speed guns have greater errors than this. Hill's directive is nothing more than trying to rip off motorists and you should never let yourself be the victim of this scam.
Thanks to Steve Howton for this item.
Opportunist "parking thieves" who grab parking spots in unit blocks while they shop or commute could face fines of $550 when local council parking officers are allowed to patrol strata parking under changes to the state's strata laws. But once parking wardens are in a building, residents could also be ticketed for such offences as parking in disabled spots or on common property driveways and even for parking over the boundaries of their parking spaces.
The detailed proposals for the update of strata laws - now being examined by members of the NSW cabinet - include provisions for local council parking wardens to be invited into apartment blocks and townhouse developments, mainly to help keep non-residents from stealing parking spots. The details of who can be fined for what will be part of matching changes to the Local Government Act.
While bodies corporate can deal with owners and tenants who park illegally, they have no legal sanction against outsiders who gain access to their buildings and park for free. The law specifically forbids cars from being clamped or towed without the owners' permission. This is a huge problem for unit blocks near business centres or railway stations, where rogue parkers - or parking thieves, as they are increasingly known - will park for free in visitors' parking, on driveways or even in owners' spaces, knowing they are safe from any legal sanctions.
Under the new laws, owners corporations will be able to make arrangements with local councils to ticket illegally parked cars. The maximum fine of $550 is part of efforts across the board to beef up all the sanctions for bad behavior in strata schemes and is a massive rise from the $220 previous maximum fine for many minor infringements. "I assume the devil will be in the detail of negotiations between strata schemes and local councils, which will set the actual fines," said Gerry Chia, secretary of strata advocacy group the Owners Corporation Network. "But this is a huge issue in many buildings and the proposed law change is something for which we pushed very hard in our discussions with Fair Trading."
While the problem of rogue parkers in apartment complexes is very real and annoying to residents, giving jurisdiction to local council rangers to come onto any private property and give them the power to book people is sheer insanity. There are many ways to deal with rogue parking without putting residents at risk of being fined a whopping $550 just because they might have parked for a few minutes on common property to run into their units because they left something behind.
If apartment blocks are having problems with rogue parking, they can install electric gates with access control, limiting car entry to parking areas to residents and their guests. Signs warning trespassers that they will be prosecuted if they illegally park on private property will give residents the right to sue those rogue parkers or reporting them to police, as trespassing on private property is an offence. In NSW, if a person has not been invited onto private property, they have no legal right to be there and can be prosecuted. A simple time and date-stamped photo would be more than enough evidence to get a rogue parker convicted.
The one refuge that motorists have from rapacious state and local governments are those private properties on which their houses or apartments are situated. Giving governments the legal right to book anybody for anything on those properties is fraught with danger and should never be allowed. CARR recommends that if corporate bodies wish to stop rogue parking, just install access control and if somebody happens to bypass it and park on common property or a resident's parking spot, that rogue can be charged for trespass by police.
Thanks to John Vance for this item.
18 January 2014 - The Northern Territory Government announced that speeding fines will double for high range speeders to up to $1000 from 01 February 2014. Fines for speeding between 0 and 15km/h will increase from $100 to $150, 15km/h-30km/h from $200 to $300, 30km/h-45km/h from $300 to $600, and 45km/h and over will rise from $500 to $1000. The changes come into force on the same day an open speed limit trial will start on a 200km stretch of road on the Stuart Highway.
NT Chief Minister Adam Giles stated, "All motorists want to be able to drive on a safer road network and these new safety measures will help achieve this. If you continue to obey the speed limit and the law, then these new infringement increases will not have any effect on you. Reckless and dangerous driving is not condoned by our community and these increases will bring the Territory’s speeding fines closer to those that apply across the country."
Medical professionals from The Royal Australasian College of Physicians, The Australian Medical Association Northern Territory, The Royal Australasian College of Surgeons and The Australasian College for Emergency Medicine have joined forces and will tomorrow call for the scrapping of the planned open speed limit trial on the Stuart Highway. The medical organisations believe any open speed limit is irresponsible and dangerous. Speed limits will be abolished on a 200km section of the highway between Alice Springs and Barrow Creek for 12 months from 01 February 2014.
It appears that the Northern Territory government is making another grab for cash by gouging motorists., just like most of the Australian states. Revenue from fines has now become such an important component of budgets, that all governments are using every means to maximise their income in this way, because motorists are easy targets and most of them will not take active measures to prevent themselves from being ripped off.
The comments by NT Chief Minister Adam Giles that if motorists obey the speed limit and the law, then they have nothing to fear from infringements is ludicrous. There are a litany of court cases proving that motorists have been wrongly booked by defective speed cameras, defective radar and laser speed guns used by police and even "verballed" by police who thought that they could get away with wrongfully booking motorists who argued with them. This is typical of politicians, who ignore hard facts about wrongful bookings and make stupid pronouncements.
Then there is this ridiculously unjustified notion from a bunch of medical organisation that believe that any open speed limit is irresponsible and dangerous. Let's see these people telling this to the Germans and Italians who have open speed limits on their autobahns and autostradas and they will tell them that they are stupid and ignorant. Speed doesn't kill. Bad driving in badly maintained cars kills. It's that simple.
CARR again advises all motorists to take active measures against being booked by using GPS receivers with speed camera warnings and car black box recorders to prove that they were not speeding, if wrongfully booked. All motorists should video record every encounter with police at the roadside, as this is perfectly legal. Motorists need to protect themselves from greedy governments, defective speed cameras, defective radar and laser speed guns and corrupt cops and they should challenge every infringement in court, as they are innocent until proven guilty by a court of law.
Thanks to Mark Eisen for this item.
17 January 2014 - A Californian woman who was issued with a traffic ticket for driving while wearing Google Glass appeared in a San Diego court to fight the infringement. Cecilia Abadie was pulled over and given a ticket for speeding and wearing the smart spectacles while driving on 30 October 2013. She pleaded not guilty to breaking a California law barring motorists from watching TV while driving. The case may influence future laws regarding wearable technology.
"It's a big responsibility for me and also for the judge who is going to interpret a very old law compared with how fast technology is changing," Abadie stated. She was one of an estimated 30,000 people initially selected to try the device before it becomes widely available in 2014.
Abadie was pulled over by a California Highway Patrol officer for driving 80mph in a 65mph zone on Interstate 15 in San Diego. The officer observed Abadie wearing Google Glass and cited her for using a visible "monitor", a charge typically issued to people driving while watching a television screen. The device includes eyeglass frames equipped with a camera and small display controlled by voice command. In court, Abadie argued that the device was not turned on when she was pulled over.
San Diego Court Commissioner John Blair dismissed the citation against Abadie on the grounds that there was no proof her Google Glass was operating when she was pulled over and booked. Abadie is apparently the first person booked for wearing Google Glass while driving. The device, which projects a small screen in the corner of a wearer's eye, is expected to become a major catalyst for what many believe to be the next big trend in mobile, wearable computing devices.
The issue of wearable technology is going become an ever-increasing problem for governments, however the authorities who pass stupid laws against them will find that in most cases, fines against motorists using these devices will easily be challenged and beaten. There are already laws in Australia prohibiting drivers from accessing visual displays such as screens playing TV or DVDs while driving, but the first obstacle for a prosecutor would be to prove that a motorist was actually doing so.
For instance, how would a cop be able to prove that a motorist wearing Google Glass was watching a movie and not just driving along with the device on his head? Unless the motorist made an admission that he was doing so, which would be stupidity beyond belief, the cop could not see what the motorist was viewing. Thus he would have no way of proving to a court of law that the motorist was watching a movie while driving and not using the Google Glass to view a GPS navigation display, which would be perfectly legal.
Not only that, in the future, this technology will be built into normal spectacle frames that will make it impossible for cops to even ascertain that a motorist was even wearing such a device, let alone prove that he was watching a video. Of course any motorist who reveals to a cop that he was watching a movie with Google Glass while driving is just asking to be booked. This is why CARR advises all motorists to never ever talk to police. Never make any sort of admission whatsoever. Give the cop your name, show him your driver's licence and submit to a breath test if required. From that point, don't say anything except NO COMMENT to anything the cop asks. And NEVER let the cop inspect your mobile phone under any circumstances.
But why would a cop pick on somebody wearing Google Glass, when so many people have smartphones in cradles fitted to their cars, which are capable of playing video clips, movies and all sorts of other applications not related to driver aids? Even if a cop saw something that looked like a movie on a motorist's mobile phone screen and booked him, the cop would have to prove beyond reasonable doubt to a court that what he saw was indeed a video being played and not a reflection of the surrounds on the screen of the mobile phone.
Then there are other forms of wearable technology such as smart watches. Samsung Galaxy Gear, a smart watch that links to a Samsung smartphone can display video content on a driver's wrist. It would be beyond belief for a cop to try and testify to a court that he could see a video clip being played on a driver's wristwatch from his vehicle. A good lawyer would put the cop to the test and destroy his testimony in a heartbeat.
So unless the authorities banned all devices that were capable of displaying a video to a driver, such as smartphones, smart glasses, smart watches and any other such devices that may emerge in the future, cops would have very little chance of making a booking for using such devices stick. Governments are always looking to implement laws and regulations to give them more opportunity to fine motorists in order to raise revenue and motorists should fight such bookings all the way.
As for Abadie, she easily beat the infringement when the prosecution could not prove that her Google Glass was projecting a video or was even switched on. That is why all motorists should challenge every booking in court and make the prosecution always try to prove their case beyond reasonable doubt. If every motorist did this, instead of rolling over and accepting fines that are often wrongful, then the court system would collapse completely. For far too long, governments have used the pretext of safety as an opportunity to raise revenue and victimise motorists and this has to be eradicated.
15 January 2014 - Melbourne's Knox Council has been given a roasting by ratepayers and readers after it racked up thousands of dollars in legal fees chasing a father of two over a $141 parking fine - and lost. Knox Ratepayers Association (KRA) has called for better staff training, while the Municipal Association of Victoria said it was up to individual councils to decide when to bring in lawyers.
Upwey resident John Ferguson represented himself at the Ringwood Magistrates' Court on 27 November and 02 December 2013 in sessions that lasted a total of about 13 hours. He faced off against a lawyer from Maddocks and risked a criminal conviction after he refused to pay a fine for allegedly stopping in a no-standing zone outside his son's Ferntree Gully school. Magistrate Marc Anthony Sargent dismissed the ticket and ordered the council to pay $503.30 in costs.
Knox Council would not reveal the size of its legal bill, saying that it would include the fees in its next annual report. A suburban solicitor said that clients could expect to pay at least $300 per hour for representation from an inner-city law firm, which amounts to about $4000 for one laywer's court appearances alone.
KRA spokesman Alem Mirvich said that he regularly heard from frustrated ratepayers who had been fined outside schools without being approached by local laws officers. He stated, "It's a pet hate when the fine arrives and residents knew nothing about it. It's like they're (the council) on stealth mode. At the end of the day, if the council didn't enforce tickets nobody would pay them. Anything that improves public safety is money well spent. But they've made the wrong judgment call in this case."
Ferguson said that the combined court sessions lasted at least 13 hours estimated to have costg about $4000 for one lawyer to appear in court, excluding pre-trial preparation fees. Council records show that two local laws officers recorded 23 infringements, including Ferguson's fine, within 30 minutes outside St Joseph's College in Brenock Park Drive on 04 September 2012.
Ferguson said that he always drove into the school grounds before dropping off his son, but remembered having to wait behind another car that day, which had stopped illegally. He asked for the ticket to be reviewed and requested copies of the officers' notes and photographs, but the council stood firm. "They sent me a letter to say they did a review, but when we got to court neither local laws officer had been questioned as part of the review," he said.
Council records show that the officers recorded the driver was female, not male, the colour of the car was incorrect, while there was confusion over which side of the street the officers were on, Ferguson said. "That should have come out in the review. They should have said, 'We don't have our facts right here, why don't we just dismiss this infringement'. I feel Knox were less interested in justice and more interested in maintaining their prosecutorial power. I call it the Knox nonsense," Ferguson said. In an email, a Maddocks senior associate advised Ferguson: "My client (Knox Council) has already incurred considerable expense complying with these requests of yours for documents."
Knox Council director of city development Angelo Kourambas said that the council respected the court's decision, was successful in most cases and had no reason not to take the matter to court. "There is no requirement that every offence be photographed. In this case, images were taken but were unable to be produced," he said. Municipal Association of Victoria president Bill McArthur said that Victorian councils issued more than 1.6 million parking fines annually. "The Auditor General's annual report confirms that fewer than 1% of people elect to go to court. It would be a matter for each local council to decide when to seek legal representation." McArthur said.
McArthur said that councils and other enforcement agencies had to follow prescribed decision-making processes in line with the Infringements Act. Knox Council spent $1.065 million on finance and legal costs during the 2012-13 financial year, an increase of 19%. It issued 5288 parking fines, received 754 requests for a review and withdrew 365 notices, about 7%.
Councils now consider revenue from fines against motorists to be a very important and major component of their budgets and this is why they send teams of tax collectors to vulnerable points in order to gouge motorists at every opportunity. In many cases, such as the Ferguson matter, the council rangers get it wrong. Ferguson forced Knox Council to embarrassingly reveal that their enforcers made a complete hash of it, recording that the driver of Ferguson's car was female, the colour of the car was wrong and even where they were standing when they tried to fit Ferguson up for this infringement.
Every motorist should take action against every infringement that they receive by questioning every single detail that council inspectors claim occurred to have that infringement imposed. Motorists should snow councils down with constant demands for hard evidence on which councils rely to prove their cases and in every case, should actually demand that councils prove that they even have the legal right to levy fines.
Local councils are not recognised as arms of government under the Australian Constitution, thus do not have the power to levy fines. Various states have passed Local Government Acts to give councils this power, however it seems that none of these Acts have ever received Royal Assent, thus rendering them unenforceable. If this can be shown, then any fines that councils levy are illegal. Therefore every motorist who is booked for anything by council should insist that council prove that it even has the power to issue any infringement against him.
What is worrying is that the Auditor-General has found that less than 1% of booked motorists fight their bookings in court. No wonder councils find that booking motorists an easy way to gouge them, when they don't bother to fight back. If every motorist challenged local councils to prove their case and even to prove that they had the legal right to levy those fines, the court system would collapse and that is exactly what motorists should do. Never allow council to book you without challenge.
Thanks to John Vance for this item.
12 January 2014 - Queensland Police Commissioner Ian Stewart has apologised to a recreational motorcycle rider who claimed he was harassed by police when he was pulled over by officers. Wynnum man Jamie Evans posted a video of his encounter with police on YouTube, which has been viewed more than 256,000 times since it was uploaded. The video shows several police questioning Evans for 10 minutes at a service station south of Brisbane. Evans claimed that he was detained for close on an hour and released without any infringement notices or charges being laid.
Commissioner Stewart said he was sorry if the police crackdown on criminal motorcycle gangs impacted on law-abiding citizens. "Some good people in the community, including recreational motorcyclists, are going to be inconvenienced and I'm sorry if that's happened to Jamie," he stated. While Evans claimed that police had pulled him over 21 times in the past and that he was being harassed, Commissioner Stewart said the video showed a good level of respect on both sides and a very professional intercept. He stated that to his knowledge, Evans was not being targeted by police.
The police chief said the new anti-bikie reforms were working and 505 criminal gang participants had been charged since the end of September 2013. In the video, the officers ask Evans basic questions about his identity, whether he belongs to an outlaw motorcycle club, and whether his motorcycle is roadworthy. At one point, Evans tells the surrounding police that he has no respect for cops.
Evans, who is a member of the recreational motorcycle club The Misfits and was wearing a leather vest with the group's logo, said on Facebook that the case was proof that the Newman government's anti-bikie laws were affecting regular citizens. A Queensland Police spokeswoman confirmed that Evans had not been charged.
The one important aspect of the video posted on Facebook by Evans is that he was very foolish for answering any questions posed to him by police. The only obligation that Evans had was to state his name, produce his driver's licence and submit to a breath test if required. Apart from that, he should not have spoken any further to the police, nor answered one single question that they asked. He was foolish because at one time, he stated that he didn't have to answer the questions that police put to him, yet he continued to do so.
CARR advises all motorists to never talk to the police, never answer any questions that they ask and simply do so in order not to incriminate themselves. The time to deal with any issues and questions is in a court of law and in any case, a defendant has the right to silence and it is the prosecution that has to prove its case beyond reasonable doubt. There is absolutely nothing to gain by talking to police, answering their questions or cooperating with them. It will get you nowhere. But make sure that if you are pulled over by police, that you video record the encounter and don't let the cops intimidate you into stopping, as you have the legal right to record anything you like in a public place.
Police are trained to ask questions of motorists to elicit responses that can be used against them or even to show a magistrate that a motorist was aggressive, not that this in itself is illegal. However, the best policy is to say NO COMMENT to any question or statement put to you by police and it gives them no ammunition to use against you.
Under common law, police do not have the right to detain anybody if they are not under arrest. A motorist who is stopped by police should show his licence, then ask the police if he is under arrest. If the police say "no", then the motorist should state that police have no right to detain him further and he is leaving. If they try and prevent him from leaving, he should quote the court judgements of Supreme Court Justice Stephen Kaye and Country Court Judge Duncan Reynolds (on the CARR website) and state that if the police prevent him from leaving when he is not under arrest, he will have them charged under the Crimes Act, report them to the Police Integrity Commission and also sue them for damages in a civil court.
As for the Queensland government's anti-bikie laws, which they call "reforms", that's absolute nonsense and it's only a matter of time before they are overturned by the High Court. Every person in Australia has freedom of association and even outlaw bikies are afforded this right. No government has the right to prevent any person from associating with anybody else and it is rather surprising that the Queensland government has been getting away with these unconscionable laws. The quicker that they are overturned, the better.
The main thing to understand is that police do not have unfettered powers and they do not have the right to harass motorists. It's bad enough that police are now operating as the government's tax collectors by entrapping motorists and gouging revenue from them with fines, many of them for ridiculously unjustified offences, such as in the recent case of the motorist who was fined for parking his car with the window slightly open. When police commit such stupidities, it is no wonder that so many people have nothing but contempt for them.
Thanks to Mark Thompson for this item.
12 January 2014 - In Melbourne, a Victoria Police officer is being investigated after being caught on video performing an illegal u-turn on a dual carriageway and almost colliding into oncoming traffic. The video shows a marked police car pulling up at Reservoir train station to drop off a colleague before swinging round and driving the wrong way. It then crosses an intersection, narrowly missing turning traffic who have right of way.
Footage was captured by a dashboard camera on one of the cars at traffic lights on Spring Street, as it waited to turn right into Edwardes Street. The 32-second video, uploaded onto Facebook last month under the title "One rule for them…" has been liked by almost 1500 people, shared to more than 600 other users and 215 people have made comments. The officer driving was not responding to any police matter or emergency. The video also shows that the police car did not use its flashing lights or siren.
Victoria Police confirmed that the incident was being investigated by Professional Standards Command. "Professional Standards Command has been made aware of the incident and is investigating," Leading Senior Constable Adam West said. "Officers are expected to comply with the Road rules unless operational needs apply."
Literally for decades, police have routinely broken road rules and committed illegalities and got away with it because in the past, witnesses who reported them had little or no evidence to back up their claims. However, with the increasing use of mobile phones with video capabilities, dashcams and car black boxes, police have been filmed committing all sorts of illegal acts, from bashing suspects to committing all sorts of traffic offences.
CARR has no objections to police carrying out their duties and driving contrary to the road rules if they are required to chase after offenders or deal with emergencies. But CARR considers that police have an obligation to obey the road rules like all other motorists. It is the height of hypocrisy for cops to book motorists for speeding and committing other offences, then those cops go and commit the same offences with impunity and they should not get away with it.
Every motorist should install a car black box to gather evidence in the case of wrongful bookings, but those devices are also useful for catching rogue police committing offences. Motorists who obtain videos of police doing the wrong thing should lodge complaints and have those police charged and fined, exactly the same as if they had been charged and fined for the same offences. In theory, the law should apply to everybody, but in the past, police got away with breaking it. Now police can be dealt with in the same way as other motorists.
Thanks to Steve Howton for this item.
10 January 2014 - Concerns have been raised about the downsides of advances in car technology after a Queensland woman faced the terrifying situation of being locked and trapped inside her own Audi car. The woman's keyless-entry car malfunctioned in some way, leaving her trapped and struggling to breathe on a 40ºC day. Audi is monitoring the incident, which happened in Noosa on the state's Sunshine Coast.
Sometimes advances in technology can misfire very badly. A number of people have reported that they were trapped inside their vehicles that had keyless-entry and in the case of the Queensland woman who was trapped inside her Audi in 40ºC heat could have caused her to have a heart attack and die. Keyless entry is terrific if vehicles have some sort of mechanical internal override mechanism that allow people to unlock their doors and exit their vehicles in cases where they are locked in by keyless-entry deadlock systems.
Another area of grave concern is the increasing prevalence of keyless access and starting of vehicles. There have been many reports of people who have mislaid or inadvertently dropped their car keys or the transmitter fobs that were close enough to open the car doors and allow cars to be started by pushbutton and driven away. But once the drivers stopped the vehicle, possibly many kilometres away from where they lost their keys or fobs, they were not able to start their cars again without them.
This is where such technology can really backfire on users. Keyless entry using buttons on the key or a keyring fob is good because drivers need to have their keys or fobs in their possession. But keyless entry by proximity without having to physically have the door unlock transmitter in one's possession is fraught with danger. The same goes for vehicles with pushbutton start and motorists with vehicles equipped with this technology have to be extremely conscientions to ensure that they are always in possession of their keys or transmitting fobs.
Thanks to John Vance for this item.
08 January 2014 - There are a number of virtually unknown road rules that have been exposed since Julian Harris was fined for leaving his car windows slightly open when parked, in order to ventilate his vehicle on a very hot day. Queensland police have been fining drivers and motorcycle riders for offences that no normal motorist would even imagine existed.
Jake Sloman was riding along the Logan Highway when he stretched his leg. The cops pulled him over and fined him a whopping $146. The offence? "Fail to keep both feet on footrest". The fine caused outrage on social media, with people saying taking that this particular road rule to the letter would mean almost every motorcycle rider would be liable to be fined.Road rules in all Australian states are a minefield, full of pitfalls that can cost drivers money for falling foul of the numerous obscure regulations. The list of rules is so long and convoluted with references to things such as "dragon's teeth" and "pelican crossings", it is almost impossible for any person to know every one. But state governments are not averse to filling treasury coffers by way of stringently enforcing their rules of the road. Here are some of these rules.
Although some of these mostly unknown road rules involve drivers exercising commonsense, many of them are ridiculously stupid and illogical. A motorcycle rider may have to lift a foot from the footrest to relieve cramp or to stretch to relieve fatigue, but in Queensland, Jake Sloman was booked for merely doing this and found out the hard way that the cops are scrabbling around to find any pretext to fine motorists. No wonder people have lost respect for police when they are now acting as the government's tax collectors instead of spending their time preventing serious crimes from being perpetrated.
The matter of Julian Hill being fined for leaving his car windows ajar because it was a hot day in Brisbane is the most ludicrous and illogical, simply because this rule cannot be applied to all vehicles and thus is discriminatory. The reason given for this idiocy is to allegedly prevent thieves from gaining access to cars, so it is an offence in Queensland to leave car windows open 5cm or more. Yet a person with an open top convertible with the entire interior open to the world can park such a car and walk away, leaving any passer-by free to unlock the doors from the inside or steal anything inside the vehicle. Whoever promulgated this lunacy is an imbecile and the Queensland cop who fined Hill is an utter disgrace to the police force.
Being fined for a non-functioning number plate light is also very unfair, because it may have been working when the driver commenced his journey and failed on the way. CARR does not know of any vehicle on the market that has an indicator on the dashboard that shows when a number plate light fails. So how would a motorist know that his number plate light blew out during his trip? Do the cops expect him to pull over every 5 minutes and jump out of his car to inspect his number plate light? The same goes for tail lights that blow during a drive. This law needs to be challenged in court every time somebody is booked for it.
As for flashing lights at oncoming motorists, this rule is merely there so that police can raise revenue by operating speed traps and preventing motorists from warning others about them. However, if it is not an offence to flash one's lights to warn of hazards or blockages on the road, why is it dangerous to flash lights to warn of speed traps? It's the same activity. Victorian police recently stated that it was all right for motorists to flash their lights to warn of speed traps, therefore the pretext in other states for making it illegal to flash lights because it is allegedly dangerous of has no basis in fact and should be scrapped. How can something that is not dangerous in Victoria be dangerous in other states? Of course other state governments would want to retain this law, purely for the facilitation of revenue-raising speed traps. Anybody booked for doing this should fight it in court.
The rule regarding animals is crazy too. A motorist must slow down or stop to avoid crashing into animals and no driver would want to do this and damage his car anyway. But what if an animal such as a kangaroo jumps onto the road and collides with a car? Is the motorist still liable to be fined when it's not his fault? Under this idiotic rule, he probably could be fined, although only a magistrate with a death wish would uphold such a stupid penalty.
There are many really stupid and illogical road rules and they need to be rescinded. However, state governments are finding that these obscure rules are giving them unprecedented opportunities to raise revenue by fining motorists and motorcycle riders on every conceivable pretext. This is why motorists who are being used and abused as cash cows to fill government coffers should organise themselves into a political party and stand against rapacious politicians in elections and get them thrown out of office. In the meantime, motorists should refuse to pay any penalties if they are booked under these ludicrous rules and they should drag the government and police to court and fight every one of them.
06 January 2013 - Victorian drivers are being warned to watch their speed as police prepare to turn on two new fixed-speed cameras on the Monash Freeway. The cameras have been installed to the south of High Street in Glen Iris and will clock speeding cars travelling north and south-bound.
The switch-on follows a 10-day-trial that clocked more than 1450 drivers speeding on the freeway, with cameras snapping six people zooming at 145km/h or more. Meanwhile, nearly 300 drivers were nabbed driving at speeds of up to 115km/h, and more than 100 drivers were caught travelling between 15 to 25 km/h over the speed limit.
Victoria Police spokeswoman Belle Nolan said that drivers exceeding 125km/h would usually lose their license and those speeding at more than 45km/h would have had their cars impounded in normal circumstances. However, because these drivers were snapped speeding during a trial run, they would not be penalised.
Road Policing Command Assistant Commissioner Robert Hill said that drivers had been given every opportunity to do the right thing, as signs warning drivers about the cameras were put up on the freeway several weeks ago. "The signs have been in place for some time, reminding people that the cameras are about to be switched on. In addition to this, the signs will tomorrow be telling drivers that the cameras are enforcing." he said.
Assistant Commissioner Hill said that research had shown that speed cameras "save lives and are an important tool for police to help reduce road trauma". He stated, "With the cameras switched on, it's a timely reminder to slow down, pay attention, and ensure you're keeping to the posted speed limit at all times."
Here is yet another example of the blatant lying of the Victorian Liberal government that screamed for a solid decade about speed cameras being nothing but revenue-raisers. Of course as soon as the Liberals took power, all those protestations were quickly forgotten as the smell of money ripped from motorists became too tempting to ignore. So here are two speed cameras that will book motorists travelling on a freeway that is better and safer than most unlimited speed autobahns in Germany, yet are restricted to a ridiculously low speed of 100km/h that drops to 80km/h.
As for Victorian Assistant Commissioner Hill's statement that research had shown that speed cameras save lives, CARR states unequivocally that this is a blatant lie. CARR throws down the challenge to Hill to produce one single speed camera that has saved one life or prevented one accident. The truth is that a speed camera is completely incapable of doing anything except take photos and send them to the Victorian Department Of Ripoffs And Revenue-Raising so that infringement notices can be generated.
The so-called "research" to which Hill refers is utter crap. Independent research from all over the world has proven beyond a shadow of doubt that speed cameras do absolutely nothing to reduce accidents and fatalities and in fact in a myriad of places where they have been removed, such as in Swindon in Britain, accident rates have fallen. The same goes for red light cameras that have been proven by independent research and studies to cause up to 40% or more accidents at intersections where they have been installed and a commensurate reduction in accidents when they have been removed.
The simple truth is that all this "research" by Australian state governments that is trotted out to justify the deployment of speed and red light cameras is complete and utter nonsense. However, motorists do have the weapon to totally negate the revenue-raising by those cameras, merely by using GPS receivers with camera warnings. Any motorists who are too stupid or negligent to avail themselves of this cheap and extremely effective technology deserve to be ripped off by these highway robbers.
05 January 2013 - Police expect that charges will be laid against scores of West Australian drivers as part of a crackdown on scamming of the demerit point system. An audit of traffic infringements in the 12 months to November 2013 uncovered hundreds of potential cases of drivers falsely declaring that another person was driving their vehicle at the time of an infringement. The review was ordered after a driver was accused of advertising on the classified website Gumtree for strangers to be paid to take his demerit points for speeding.
Commander Alf Fordham from the traffic enforcement command said that drivers who falsely nominate others to avoid demerit points can expect to be caught. Drivers who accrue 12 demerit points are banned from driving for three months. Registered vehicle owners can nominate another person as being the driver at the time of an infringement, with demerit points transferred to that nominated person.
The audit identified 360 potential false renominations, from which police expect to lay charges in 60 cases where there is clear photographic evidence. Further review could identify more cases for prosecution. Commander Fordham warned drivers that police will continue cracking down on the demerit points scam. "We now have processes in place to ensure we catch people engaging in this practice - and we will get you; both as the driver and the person incorrectly accepting the points. The Infringement Management Office has now developed a set of criteria that will trigger an investigation into a renomination," he said.
Falsely nominating another driver is a serious criminal offence and offenders can be charged with wilfully misleading police or false statutory declarations that can incur potential penalties ranging from $1600 to two years imprisonment and up to a $24,000 fine.
This is a very interesting matter, because the way the infringement system works in most states requires owners of vehicles who have been booked to nominate either themselves as the drivers or declare the names of people who were actually the drivers at the time of the infringements by way of statutory declarations. There is an important principle at law here, the right of a person to refuse to incriminate himself. As the infringement form that is required to be returned is a statutory declaration, under common law, a vehicle owner does not have to incriminate himself, as traffic infringements are criminal offences.
The infringement system states that unless the vehicle owner truthfully nominates another driver, he is deemed to be the driver of the vehicle at the time of the infringement and is therefore liable to pay the fine. However, as this sort of offence is a criminal matter, it requires the prosecution to prove beyond a shadow of doubt to a court that the accused person was actually the driver of the vehicle at the time of the infringement.
What the infringement system is doing is akin to demanding that a person accused of a bank robbery either nominate another person who committed the robbery, or be deemed to be the actual robber - without the police actually proving this. But the person accused of the robbery is quite within his rights to refuse to either incriminate himself or to even talk to police and give them any assistance whatsoever. The right to silence is enshrined in our legal system and CARR has always stated that people should never talk to police, simply because anything people say can be used AGAINST them. Police are not known to produce evidence FOR a defendant.
So if a vehicle owner refuses to sign that statutory declaration because it may incriminate him and he refuses to nominate another driver, then under normal common law, the onus would be on police to prove beyond a shadow of doubt that the car owner was the driver at the time of the infringement and this would be most difficult to do in most circumstances, especially in offences made by speed or red light cameras.
A few years ago, CARR webmaster Ziggy was sent an infringement notice from South Australian police, because a car registered in his name was being used by his daughter when she was living in South Australia. The police demanded that Ziggy sign a statutory declaration either admitting to driving the car or nominating the driver. Ziggy immediately wrote back, telling the cops in no uncertain terms that he refused to sign the statutory declaration under any circumstances because he was not the driver, having not been in South Australia for at least 30 years at the time and that he could not truthfully nominate anybody else as the driver because he simply did not know who was driving the car at the time of the infringement.
The cops threatened Ziggy with court action and Ziggy just told them to try it, reminding them that he didn't have to incriminate himself by signing a statutory declaration, especially when he could not have been the driver, nor could he truthfully identify who was driving the car at the time of the infringement. Ziggy reminded the cops that the onus of proof was theirs and that Ziggy was innocent until he was proven guilty beyond a shadow of doubt by a court that had hard evidence of his guilt. The cops then gave up and sent Ziggy a letter stating that they were cancelling the infringement notice.
So that was a good example of how to deal with a system that tries to force somebody to incriminate themselves. Refusal to sign a statutory declaration, especially one that incriminates oneself, is not a crime - in fact anybody who does this is very foolish. A system that deems that a person is guilty of an offence without that person facing a court of law has to be fought on every front and nobody should ever accept an accusation of guilt for anything without being first convicted of an offence in a trial.
CARR does not have anything against the police. We need them to protect the community against crime and keep us safe. But CARR strongly objects to police being used as the government's tax collectors and enforcers, especially when governments enact laws that infringe upon the civil liberties and legal right under common law of citizens. The traffic infringement systems in all states are designed to remove our legal rights, especially the presumption of innocence and the right to refuse to incriminate ourselves and this has to be resisted in any way possible.
Thanks to John Vance for this item.
03 January 2014 - The Queensland Council for Civil Liberties (QCCL) stated that police will be pressured into breaking the law to keep their figures up on scorecards. As the Queensland Police Service aims to reduce state-wide crime by 10%, officers will be assessed according to their number of traffic fines, random breath tests (RBTs) and street checks.
Terry O'Gorman from QCCL said that it was a return to the so-called "kill sheet" quotas of the 1970s and 1980s. He stated that police will be under pressure to break the law. "Police under pressure to complete scorecards will cut corners, will bully and bluster people into letting police search their cars when the police have no right to," he said. "If police are going to be put on scorecards and you've got say 10 police in a squad and four are doing fewer RBTs, fewer street stops than the rest of them, then those four are going to be asked by their superior for a please explain. That is a return to the kill sheet."
O'Gorman claimed that complaints have already been received about the abuse of search powers since the new bikie laws came into effect late in 2013. But Queensland Police Commissioner Ian Stewart defended the scorecard system, saying it is not a repeat of the controversial 1970s and 1980s quota system. "I expect our people to do their job. Their job is to stop crime in the community, make the community safer and build relationships with our community on a constant and continuous basis." There needs to be ways we can measure how that's occuring." he said.
O'Gorman stated that he believes that no other Australian state currently adopts scorecards or quotas on police activity, as they are deemed too controversial. "What better example do we need than the stories we are seeing at the moment about people fined for driving one kilometre per hour over the speed limit, or for leaving a car window down in the hot weather?" he said.
Terry O'Gorman has hit the nail on the head. No matter what protestations emanate from the mouths of Queensland Police Commissioner Stewart and other government apologists, the fact is that Queensland has become a police state, with cops looking for every excuse to book motorists, even on the most flimsy and unjustifiable pretexts. The bikie laws are one thing, although they fly in the face of Australia's obligation as a signatory to honour the UN Charter of Human Rights that guarantee freedom of association. But this blatant attack on motorists to rip them off is something else.
For instance, the case of Julian Harris being fined for leaving his car windows slightly open in order to try and cool his car in 34ºC heat is so preposterously unfair, that it would be surprising to find any magistrate that would uphold this idiotic infringement. How a government can pass such a stupid and discriminatory law is mondboggling, especially when convertibles can be legally parked with the interiors completely open is truly amazing. It just proves that the law is a gigantic ass. But that cop who booked Harris was just doing what his bosses and political masters dictated, trying to find any pretext to issue infringements to raise revenue.
It is high time that motorists in all states organised themselves into political groups and stood against these rapacious bastards who inflicted these ripoffs against them. There are around 13 million passenger cars in Australia, so one can assume that there are at least 13 million licensed drivers. Imagine even if 20% - 260,000 voted for a Motorists Party that fielded candidates to stand against incumbent politicians. That Motorists Party would annihilate both the Labor and Liberal Party in every seat.
Short of mobs marching on state parliament houses with burning torches and pitchforks, scaring the living crap out of political parties in power is the only legal way to achieve some justice for the benighted motorists who are being treated as bottomless wells of revenue for goverments of every persuasion. Both Liberal and Labor governments have shown their true colours in their broken promises to remove those speed cameras that they all claimed were revenue-raisers when they were in opposition, but retained and increased their numbers when they assumed power.
The worst thing is that all the established motoring organisations such as NRMA, RACV, RACQ and others seem to be in the pockets of governments, because they do absolutely nothing to fight those injustices and ripoffs. We need to have an independent voice for the protection of motorists by fighting those governments who attack us in the way that the Queensland government is doing right now.
Thanks to Avi Olshina for this item.
03 January 2014 - Julian Harris was visiting family in Brisbane when he decided to leave two windows down three to four centimetres to let some of the hot air escape from the parked car on the 34ºC day. It was a decision that left Harris with a $44 fine and a rap across the knuckles from police.
Harris stated, "It was 34 degrees so I left the windows down slightly, so it wouldn't be boiling hot for my 3-year-old son when we got back in. I was trying to do the right thing - it's just what you do with it being so hot in Queensland."
Harris returned to the car, which was parked on Windsor Place at Deception Bay, about two hours later to discover the fine for an offence he had never heard of. Under Queensland law, if a driver is more than 3 metres from their car, the vehicle must be secured with the engine off, hand brake applied, ignition key removed, if no one over 16 remains in the vehicle and windows up with a gap no more than 5 centimetres.
Perplexed by his fine, Harris went to the police station and spoke to the officer who issued the ticket. "I asked him if he had any measurements and he said no - he just told me he had an accurate eye. The officer said he had the window on video but told me that he didn't have time to show me," stated Harris. He said that the policeman suggested in future he leave where he is half an hour early to unlock the car and let it cool in the future.
Harris said that a friend of a friend was booked for the same offence within hours in Nundah, in Brisbane's inner north. "It would have been better to leave a first and final warning," he said. Police refused to say whether there was a current blitz on the peculiar offence. "Vehicle security remains part of ongoing Community Safety and Crime Prevention strategies designed to help reduce property crime," a spokeswoman said.
The so-called offence of leaving a car "unsecured" should never have been put on the statutes in the first place. It is simply nobody's business to dictate whether somebody leaves their property secured or unsecured. It is not an offence to leave one's house, caravan, trailer or anything else unlocked, so why the hell should it be an offence to leave a motor vehicle unlocked or even just with the window open?
Motorist Brian Last observed that this law was beyond idiocy. He said, "So what's the rule if one own a roadster, convertible or Tee roof? Or if one has a sunroof? Worth going to court over that one." And Brian is quite correct. It is not illegal to park a convertible with the top down, leaving its interior "unsecured", as the cops put it on Harris's infringement. In other words, the law is an ass. Harris ought to drag the cops and the government to court, demanding that they testify as to how many roofless convertibles they have booked for leaving them "unsecured" and why he was booked for merely leaving his car windows open a few centimetres.
If a person chooses to leave his car unlocked or have his windows open, this should not be the business of police and it should not be an offence. Of course if the car is stolen, then the owner who left it unsecured would risk having his insurance company refuse to pay out, but that would be his problem and his loss. In any event, most cars can be quickly opened by experienced car thieves using nothing more than a "Slim Jim" piece of metal.
However, this case merely demonstrates how state governments and their police tax collectors are scrabbling for revenue by fining motorists for every conceivable offence, even really stupid ones that should never be on the books in the first place. Motorists really need to go through the various offences and force state governments to repeal such ridiculous offences such as leaving a vehicle unsecured, because it really is entirely up to the owners whether they choose to leave their houses, trailers, caravans and cars locked or unlocked.
02 January 2014 - Melbourne's Stonnington Council, which managed to rake in more than $25,000 in parking fines at the expense of bargain-hungry shoppers. Council parking officers issued 282 fines in streets surrounding Chadstone Shopping Centre on Boxing Day, as shoppers parked anywhere they could on the biggest sales day of the year.
Doors to the shopping centre opened at 7:00am and council officers were on the beat soon after. Most offenders overstayed their limit or parked illegally in the streets around the centre. Stonnington Council acting chief executive Geoff Cockram said that there were six parking inspectors on duty during the day and two at night, the normal for a public holiday roster. The average number of fines issued near Chadstone was three per day, but the council collected $25,161 on Boxing Day alone.
Detective Senior Sergeant Mick Martin said that Stonnington police took part in Operation Opportunity from 22 to 26 December 2013 to coincide with the sales period. Martin said there were no arrests during the operation. The only problem on Boxing Day was motorists not obeying road signs that told drivers to enter the shopping centre via Dandenong Road instead of Warrigal Road.
How appropriate that the police ran a blitz called Operation Opportunity over the Christmas break. It was a golden opportunity all right - to entrap and fine motorists on every conceivable pretext to raise revenue for their political master, the Victorian government. Detective Senior Sergeant Mick Martin stated that there were no arrests made, but apparently plenty of infringements were handed out to motorists. And while these cops were lurking around and fining people for minor traffic offences that did not injure or kill anybody, serious crimes were being committed around Melbourne with impunity.
Of course Stonnington Council grasped the opportunity to fine motorists for having the temerity to overstay parking limits or for parking in places not permitted, so that they could try and grab bargains at Chadstone Shopping Centre. Not much Christmas goodwill from this council when it came to raising revenue for its coffers. However, there is a huge question mark over the alleged power of councils to levy fines, as they are not recognised as arms of government in the Australian Constitution and only arms of government can do this.
on 08 July 2010, former Attorney-General Robert McClelland responded to a query from a Queensland man regarding the status of local councils. He stated, "The Constitution does not currently recognise local government." Recognition of local government has to be passed by referendum and so far, every referendum regarding this has failed. Therefore, the only way that local governments are able to levy fines is by receiving the power to do so by state governments and this was done by the passing of various Local Government Acts.
The problem is that these Acts have never received Royal Assent as required under the Constitution, therefore motorists who are fined for any alleged offence by councils should look at challenging their power to levy fines on Constitutional grounds. There is much material on the Internet regarding this issue and the letter from McClelland is available on the CARR wsebsite on the Downloads page.
Thanks to Steve Howton for this item.