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VIC Do you have to be pulled over?

Discussion in 'Politics, Laws, Government & Insurance' started by jebi26, May 21, 2016.

  1. Hey guys,

    The other day I was heading down a street (in Victoria) and I saw another car coming towards me (the car wasn't stationary and there was no hand held radar). It had red number plates, no police/HWP markings on the car but it had the lights around the front bumper. I saw a flash and it was then I realised it was 2:31 and I'd entered a school zone and was speeding! I wasn't pulled over but I was wondering if you can still get booked? I'm a massive stress head and I hate no knowing.

    Thanks so much in advance.

  2. not heard of a police car with a flash camera set up before but I suppose it is possible. don't believe we have them in nsw but vic maybe different. here a flash is from fixed camera like red light or speed camera.

    maybe you saw a windscreen sun reflection or there was actually a fixed camera in the vicinity.
  3. Fixed speed cameras don't require you to be pulled over. They just record the speed/time and your number plate. Its normally just someone pulled over with the flash sitting a few feet in front of the car taking happy snaps.

    If you where driving then yeah you might have been nabbed, riding towards a car on the other hand should be fine as your number plate is on the rear of your bike.
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    • Agree Agree x 1
  4. I'm thinking in QLD they have the camera cars. Remember reading an uproar about it when they were introduced. It was that, and they stopped pulling people over sometimes to issue a ticket......you can just get it in the mail.....but free to continue on your kitten killing speeding ways for the time being.
  5. i think fake flashes may have a better impact on behaviour than a quick spin of the disco lights :p

    all cop cars should have them, to flash people they know are doing something wrong/stupid, but can't book them.. leave them in doubt ;)
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  6. Simple answer is, No.

    Victorian HWP cars are fitted with a speed measuring device which could have been working in the situation you have described, but if they didn't pull you over then they don't know who was in charge/rider of the bike. Even if it was a camera car, they must be stationary to work, plus they don't have the red and blue emergancy light fitted. Even if it was stationary it couldn't of been able to take a picture of your rear number plate.

    So don't stress. It was probably an unmarked HWY car giving you a friendly "slow down" signal.
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  7. I would disagree, the TIN would be sent to the vehicle owner, it is up to the owner to nominate the driver/rider at the time and sign a Stat Dec to that effect. Otherwise it is the owners responsibility to pay the fine. Vic police also have what are known as BlueNET cars these cars can track and acquire up to 5 vehicles at once, check their number plate for registration and outstanding warrants and laser check their speed. Currently there are 6 of these vehicles getting around. Each car is currently taking $100,000/month in fines.

    You are not out of the woods yet jebi26jebi26 but flashes are generally on fixed cameras rather than mobile ones. Mobile cameras uses infra red so you can't see the flash. You will know within a month or so when the TIN does or doesn't arrive.
  8. Incorrect cjvfr, Vicpol don't have that legislation to do that. Camera Cars, fixed speed cameras etc on the other do. That is why they can send it to the registered owner.
    With the Bluenet cars they still have to pull you over (or other officers waiting up the road if its the APNR system) to find out who the rider/driver is.
    Anyway its a moot point as Its been pointed out before they were facing each other so no number plate reading could be recorded.
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  9. Do unmarkeds have a red number plate? I thought they had a standard one to blend in with other traffic.
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  10. If they have the rego number they have the power to ask the registered owner who was driving and then prosecute them. So in theory they could appear on his doorstep and ask.In practice I don't think they'd bother unless it was a hoon offence.
    I also don't think red number plates are state coppers.
  11. What I am trying to explain is that if it was a car that was capable of taking a photo is that it wouldn't be able to take a photo of the OP's number plate in this scenario. And if they don't have the number plate then they can't issue a fine. Even if they wrote down the rego and tried to chase it up later, there is no legislation for you to tell them who was driving. (Receiving a camera ticket is different legislation and you do have to take steps to tell them who the driver was)

    Most Vic Pol unmarked cars have normal number plates. AFP cars usually have the red ones.
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  12. In Victoria there is legislation that requires you to tell them who was driving!

    ROAD SAFETY ACT 1986 - SECT 60 Duty of owner of motor vehicle to give information about driver

    An owner of a motor vehicle, or a relevant nominated person in relation to a motor vehicle, is guilty of an offence if, when required to do so by a police officer who is acting in the execution of duty, the person fails to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on any occasion or had possession or control of the motor vehicle on any occasion or fails to make all reasonable enquiries in order to obtain that information.
  13. #13 jmc, May 22, 2016
    Last edited by a moderator: May 25, 2016
    665 is right. This applies to fixed and mobile speed cameras only. VicPol members cannot just send a TIN to the registered owner of a vehicle if they observe it committing an offence. They need to identify the driver first.

    I think the s60 police power to demand to who was driving applies to serious offences that are dealt with via charge and summons. Not minor offences (like low level speeding) which attract a TIN.
  14. #14 5-0, May 25, 2016
    Last edited by a moderator: May 25, 2016
    Everything you have posted has been correct except for "there is no legislation for you to tell them who was driving" this is covered under section 60 of RSA (as mentioned by twistngo)

    Red plates assuming we are talking about red writing on white backgound, are Victorian Government vehicle plates. Generally most unmarked police vehicles have standard issue plates and most marked police vehicles have Victorian Government vehicle plates (Red). But this isn't always the case for a number of different reason.

    By the way AFP cars have standard issue plates.

    Can exercise the section 60 powers for any reason as long as it acting in the execution of the officers duty.
  15. Thanks all for your help! You have definitely helped clear everything up for me.
  16. I work at a holden dealership where we deliver many many cars to vicpol.
    If you saw the condition they come in for a service, you would never want to buy an ex cop car.

    They all get govt plates from us, red on white.