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VIC Filming on Victoria Roads

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by cjvfr, Mar 28, 2012.

  1. Recently came across this information on the Vic Roads Web site

    Filming on any road requires a permit from the relevant road authority. VicRoads is responsible for the management of all major roads and freeways in Victoria (except tollways). If you wish to film on a major road you will need to apply for a permit from VicRoads.

    I know this is meant to refer to commercial filming but it is not specific. What do people think this means with respect the use of GoPro cameras and the like by riders?
  2. Go pros don't use film, shouldn't be an issue :p
    • Like Like x 4
  3. Yes I thought of the same argument ;) but I don't think it would fly.
  4. It's there to protect other road users in the event of significant impact requiring some form of traffic management. It doesn't have any bearing on the gopro on your helmet or any other camera. You're free to photograph/video on public land per the civil legislation no matter who it's managed by.
    • Like Like x 1

  5. Given that the law can be very literal it might.

    But perhaps we should all make application on the basis that VicRoads TAC et al have done little to protect us so at least we are filming so that in the event of a SMIDSY we can at least have our statistic recorded accurately
  6. I think the permit is to ensure compliance with public safety and ensure the road isn't damaged (think movie filming and stunt work involved).

    Remember several years ago when Tony Abbott was nearly cleaned up by a truck at Winchelsea??


    I doubt a permit was issued for that but if it was then traffic management should've been used and a speed reduction applied as it would've been considered a worksite and none of the assembled people were in hiViz gear and so on either.

    Although the truck driver had the blame pinned on him we never heard anything else about it publicly, I wonder if it went away quietly because of all the other issues involved other than the truck driver being too close to the back of the ComCar??

    In a similar vein you need a permit from Metro if you want to film/photograph trains and station platforms but it's a simple form you fill in on-line and print. You're also restricted to publicly accessible land so cant stand right next to the tracks.
  7. Unless there is a penalty legislated in line with the statement by vic roads....then they can say whatever they want. There would be nothing to actually enforce.
  8. Good point - is the filming itself a legislated offense, or is the permit just an exemption from having other laws applied to you?

    Vicroads website really should reference the relevant legislation, where it exists. There's some pretty vague motherhood statements on there.
  9. Whilst we're on the subject of filming, a copper recently told me it is illegal to record police on film. Comments?
  10. Bull ****ing shit, and if it's not I'm leaving.
  11. I think the covert surveillance laws would cover that, as they would for anyone else (?).
    I'm getting a it worried about all this "cop told me this, Vicroads website says that" approach from authorities. We need to be asking for something a bit more specific and verifiable.
  12. tell him to go catch some real criminals
  13. From Civil Liberties Australia it appears that it is not illegal.

    “The public can film whatever they like,” South Australian Police told Crikey, summing up the general line from police. ”If they’re [police officers] in a public place they should be aware they could be filmed by anyone.”

    A Victorian Police spokesperson said: ”There are no restrictions on any person filming or taking photos within public places, this includes members of the public and media.” That suggests anyone who had a complaint about their treatment could pursue an official complaint process.

    There was a similar story from other forces. The ACT arm of the AFP stated: “Members of the public have the right to take photographs and/or film police officers, and incidents involving police officers, which are observable from a public space, or from a privately owned place with the consent of the owner [or] occupier.”

    NSW Police: “Police do not have the power to prevent anyone from photographing or filming them and cannot confiscate camera equipment or delete images and recordings.”

    The West Australians specifically referred to an incident where a police officer was convicted of assault after being filmed on a phone: “We see it as more of a benefit than a hindrance as it helps ensure that all WA Police are ‘in the right place at the right time doing the right thing’.”

    A few — the AFP, the WA Police and the Queenslanders — noted that if filming obstructs police, they may ask for it to be stopped. NSW noted other possible exceptions, “including under anti-terrorism legislation and if the filming or photographing constitutes an offence such as offensive conduct”.

    Queensland Police, however, opened a door to police seizing phones: “There are occasions when photographs or video taken during a police action may form evidence in an investigation, and officers will take steps to secure that evidence if necessary.”

    But, officially, none of the police forces we contacted had a problem with being filmed.
  14. Seeing I have not much to do tomorrow I will see if I can find some new mates and ask the question.

    Cheers Jeremy
  15. Okay have just sent this off to them will post the reply when received -

    Good morning,

    I recently came across this information on your web site -

    VicRoads supports the use of the road network for special purposes, including filming and still photography, as long as it is carried out safely and with minimal impact on other road users.
    Filming on any road requires a permit from the relevant road authority. VicRoads is responsible for the management of all major roads and freeways in Victoria (except tollways). If you wish to film on a major road you will need to apply for a permit from VicRoads.

    Link to the relevant page is here - http://www.vicroads.vic.gov.au/Home/TrafficAndRoadConditions/FilmingOnOurRoads.htm

    My question is does this apply to the use of cameras/video such as GoPro on bikes and motorcycles whilst on the road?

    My thoughts are that you are referring to commercial filming but just wanted to get confirm that individuals recording their trips on the road is okay and that this section does not apply to us.

    Kind regards,

    Jeremy Walton
    Full contact details included.

    Of course now they know who I am...................

    Cheers Jeremy
  16. Ah, now this one is a complex and murky issue. Cops have been known to take violent exception to being filmed 'while in performance of their duties' ... particularly when they're bending the rules to get the job done. And in fairness, there are some legitimate concerns about this.

    Cops have access to cameras and recording equipment for use in interviews and for collecting statements, which includes verification, a signature byte or checksum on every frame. It's intended to 'prove' to the court that the footage has not been edited or overdubbed or fiddled with to give a misleading account. Cops who've been involved with this would be well aware that normal footage can be edited and messed with to say anything, and many people would be unable to tell the difference.

    Cops watch and gather information on the other side. It's fairly natural that they'd be sensitive about the other side gathering information on them. Photographs, video, addresses, names of children and things...

    The rules about this tend to be complex, and vary sharply from place to place, and the picture is further complicated by precedents set in the courts, which tend to be all over the shop. Also, laws that relate to this or could relate to this are spread over many different pieces of legislation. You can find both laws and precedents to support almost any point of view on this. In addition, many cops are told things in training or while in service that are simply wrong. Most cops don't know the law anywhere near as well as they think they do.

    Last thought - you can often tell a lot about a person by the things that live in the forefront of their mind. You meet a person who is constantly vigilant about property security and petty theft, then perhaps they live in a bad street, or perhaps they're a thief. You meet somebody who is constantly watching for how every statement could be twisted or distorted to imply homosexuality (just one example - insert your secret sin here) then what do you infer about that person? So when you meet a group of people who are deeply distrusting and watchful that everything they may say or do could be recorded, edited, twisted and distorted, and then used as a viscous weapon against them in an arena they don't control, by people who are sworn and bitter enemies, and with rules they poorly understand ... See where I'm going with this?

    [edit] There was an interesting case about 5 years ago in England, where something happened (report of a firearm or shots fired or something) and a plain clothes car with two uniforms turned up to assist. A feelance journalist also showed up, and began to film. The unmarked car was an odd unit for England, in that it had a selection of firearms in the boot, like an American squad car. There are very few of those in England, and the people in them have instructions to try and avoid being photographed. The jouno filmed the car pull up, the boot being opened, a shotgun being taken out, other weapons in the boot, the numberplate ... One of the cops then confiscated the camera - on the grounds that he had specific instructions that this vehicle was not to be filmed. The cop was under the firm impression that he had the full and complete weight of the law on his side. The following argument was also filmed. The clip went viral on the internet, and the cops ended up with egg on their face, mostly because a second person with a second camera was also filming and the the cops weren't aware of it, and that clip was widely uploaded on the internet. The case was interesting because it highlighted many of the issues around filming police.
  17. Hi all,

    Okay not commenting on the filming police part.

    On the issue of filming using GoPro or similar on the bike.

    Just got off the phone with Vicroads (They called me in response to my email ) and it is fine with them for us to be filming on the road - no permit required. What they are concerned about is either traffic disruption or changes to your abilitry to operate your vehicle be that Car, motorcycle etc.

    Specificly mentioned no issue with camera being mounted to the bike and helmet.

    I have recorded the time and name of the person who called in case it is needed at any stage.

    Film on................

    Cheers Jeremy
    • Like Like x 1
  18. Well done Jeremy. That has cleared the situation. Perhaps you can suggest the de vague their web site.
  19. I have not got that much spare time it really needs a rewrite.

    Cheers Jeremy