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A Hypothetical Question. Fine or No Fine?

Discussion in 'General Motorcycling Discussion' started by TheBlokeAtNumber27, Mar 13, 2012.

  1. Ok, here's a hypothetical question regarding an actual event.
    One thing I enjoy doing every now and again is taking the XJR trail riding. I figure that riding a bike in an environment that's way out of the bike and the riders comfort zone can only sharpen your riding skills.
    Recently I found this track down around the top end of Westernport Bay so I decided to explore it. I entered off a main road and followed the track for about 3k until it finished at a car park.
    At the car park end was a sign that said NO TRAIL BIKES. (there was probably one at the start but I didn't notice)
    My question is this..had there been the police / ranger / council bylaws officer etc present would i have been fined?
    The sign clearly states that trail bikes are not permitted but it's also clear that the Yammy is a road bike.
    Should the sign have read all motorcyles not permitted?
    Over to you legal eagles.

    The track in question.

    The sign at the car park.

    Exhibit A Your Honour...a pic of a "Road Bike"

    Thanks to TheLadyAtNumber27 for the pics.

  2. Using a motorised vehicle on a walking track????
  3. straight up yep you would have been done.
    arguing semantics won't get you anywhere
  4. i think it's a great idea
  5. It is not a road, so you cannot use it to ride on. Trailbikes are known to ride down single tracks (yeehar!) so the sign directed at them.
  6. You could also argue that, unlike the picture, your head is actually attached to your body. Don't think it will get you far though...
    • Like Like x 3
  7. Doubt if there is a legal definition of a trail bike.

    Also the sign is just a friendly warning in generic terms. The real regs probably say something like "Subject to the afforementioned Reg 12A.1(b)(iii) without the express permission of the Minister written in blood and signed under a full moon, no whatever the hell you are riding...."

    That's what they will get you for if you breach them.
  8. As a general guide, the more awesome something is, the more likely it is to be illegal. If you're in Victoria, you'll probably get the death penalty.
    • Like Like x 2
  9. If I was the judge and you were contensting the fine, I'd increase it for just being a smart arse.
  10. If you stuck to the "No sign at the other end" you might get away with a warning.

    That would be the only way you might get away with it.
  11. Thinking you would cop the fine because of the sign. Not that ignorance is a plee either.
    Being in a statey usually is a warning first offense unless you are on a MX bike. They hate MX bikes. Probably laugh at a guy on a roady. I would plead I was lost ???
  12. if the herald sun got hold of those photos it would be front page news.
    plus you'd get a press release from Kieran, and 3AW talkback would spout on about how dangerous it was all day
  13. riding singletrack in victoria is against the law no matter what sort of motorbike.
  14. Dead right,
    they want to make sure that no-one in the 4 wheel drives that destroy them every weekend is inconvenienced when they run over the trail bike..
  15. I believe the sign is there as a matter of environmental conservation, but that said, was there any sign saying you can't ride bicycles there?
  16. Tell them your gps told you to go there :)
    • Like Like x 1
  17. Ignoring actual legality for a second; unless you were making a point of digging some burnout ditches, the road bike would barely do any damage compared to what a dirt bike would. I'd imagine that's the main thing that gets the track's caretakers pee'd off. The optimist in me says you would just get laughed at..
  18. I suspect legally the simple fact that your bike is on the trail would imply its a trail bike :p
  19. the sign is obviously wrong, you proved that you can trail bike ride there.
    It's like all those "no right turn" signs. "The sign is obviously wrong Your Honour I turn right there all the time."