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VIC Assistance/Advice? Ask Hubie

Discussion in 'Politics, Laws, Government & Insurance' started by Hubie75, Nov 26, 2007.

  1. G'day all,

    Since it seems I have boldly gone where no one has gone before and declared my occupation, I am happy (when time permits) to answer any legal questions and offer advice when it comes to traffic law.

    [Admin: Visit https://netrider.net.au/?page=askpolice to ask Hubie a question and seek his advice]

  2. Floodgates are open! :D
  3. Are you a parking officer? :wink:
  4. Good onya Hubie !
  5. Welcome by the way!
    You're not alone BTW, there a few serving members that are regulars on this site, and a few ex members as well.
    Just checked your garage.... great looking bike!!... yeah the white one isn't bad either :wink: But I don't really know what to make of the car in the shot as well..... :shock:

    to be honest I don't know where too start... I'll have to think it over.

    Within what state are you stationed?? I'm thinking Victoria?? Judging from your pics?? So can you still offer advice for the other states (I mean with state laws) where different?

    EDIT: Just saw the subject change, question answered :grin:
  6. No offence, but only lawyers can give true legal advice.

    Police officers enforce the acts and regulations, where many times they are required to interpret behaviour and conditions in issuing offence notices etc.

    The true legal test of a situation is when it goes to court. Here a magistrate or judge will base a decision on legal precedent and formal interpretation of the law by hearing all the evidence and circumstances at the time.

    Many cases are ruled against the police by courts that deem the evidence to be insufficient etc. So what might be a call by a cop on street at the time, may in fact be not legally valid. Of course they are only human! :p

    Therefore a question might be, what are the types of offences you have encountered that are the hardest and in contrast the easiest to stick in court based on your policing experience! Such as say hooning, dangerous driving, driving in an unsafe manner etc.
  7. I have charged over 150 people and issued well over 1000 tickects. I have never lost.

    As far as interstate law. The Victorian Road Rules are taken from the Australian Road Rules. There will only be minor descrepancies such as in Melbourne where we have hook turns.


  8. I have two questions...

    1. What manner and reaction should a rider give when pulled over by a cage police officer who wishes to ticket you for lane splitting stationery vehicles, but the officer obviously doesn't fully understand the traffic law and realise that lane splitting is not illegal? What is the best way to tell the officer that splitting is not illegal, and thus not to write the ticket?

    2. What should a rider think when he follows/see's (or catches-up to a few times) 3 solo officers for approx. 15km and they are continusously breaking traffic laws - eg. speeding, multiple fast lane changes, cross tram dividers and riding along tram lines, splitting moving vehicles, etc?

    A couple of curly one's for you :)
  9. Hmmmmm.. i might make this a stickie means it will always be at the top of the forum page.
  10. interesting mouth,

    Point 1. you could try and explain that you believe it is not illegal and may get away with it. If the member seeks advice from a traffic pro, you may get the relevant ticket in the mail. Best advice is to be honest and you'll always get the best deal possible.

    On that point, when pulled over, best to turn of the motor, get off the bike and take off you helmet.

    Point 2, refer to expemtion and my explanation of that exemption. Or it could be rider training.


  11. Interesting, a traffic pro I spoke with says it is not (when done properly). Under what traffic or road safety act do you believe it is?

    Thanks, good advice. I was also told to make sure you remove gloves (goes without saying if your removing helmet), leave both on the bike, and take a few steps towards the rear of the bike.

    Solo training in peak hour traffic along a very busy highway and major road? Nah, it wasn't that. Nor were they on exemption.
  12. i have a question;
    why do they always pick on me? :grin:
  13. oooohhhh wow, a concrete head, jury wrecker to poke fun at!! YAY :p :LOL:

    You must be an easy target :p
  14. Jason,

    Training encompasses around 3000 klms of riding, including peak hour traffic, highways, dirt roads, off road and track work. It may well have been.


  15. You probably get sick of people whinging when pulled over that there have been 5 other vehicles in the same vacinity doing as bad or worse, and why didn't you pull THEM over instead, but why does it APPEAR that the application of some road rules is so arbitrary? As in, for example, three other officers migth see you lane-splitting and ignore you, but the fourth throws the book at you :LOL:???
  16. That’s a good joke there, so you’re saying there not human so never get it wrong? I thought all they did was read the Road rules books (same that the police use) and use there interpretation of what they read...sort of what cops do? So tell me again why he should not give advice?
  17. Paul, That's a hard one to answer but I can say this;

    We obviously can only pull one person over at a time. Also, many of us have our pet hates too, such as speed, mobile phones and the like. Others may not be sure what, if any offence has been committed. And lastly, they may be on their way to a (non urgent) job.


  18. Well actually, they do 4+ years learning how to interpret the law, how to read the law, and a whole lot else besides.

    Police do 20 weeks at the academy that includes a very very basic intro course.

    So the OP is correct. The only people who can give "legal" advice are lawyers. In fact it is illegal for a non lawyer to do so.

    What a police officer can give is practical operational advice.
  19. Lawyers in my experience are simply there to create a resonable doubt in order achieve an outcome for their client. As far as education goes, mine is ongoing and concentrates solely on traffic law, this has gone on for nearly six years so I think i'm in a pretty good position to interpret traffic law.

    It no more illegal for me to give advice as it would be if you asked a mate. I cannot represent anyone in court but I can freely give my interpretation and legal opinion.


  20. :popcorn:
    tramp practices law, hubie enforces law.

    battle of the titans :LOL:

    OP, i'm sure we will all appreciate the offer of information. shows great community spirit!