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VIC Helmet off in car park

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Funkmonkey, Oct 1, 2011.

  1. Greetings.

    Just finished work at my embarassing maccas job, and did my usual thing of moving the bike from behind the locked gate out the back of the store out to the front of the carpark. Now also my usual thing would be to suit up, unlock the gate, roll it out, then a very slow ride around the front of the carpark, park it, go back through the restaurant, lock the gate again, then sit down for a cheap feed, then go grab the helmet from the change room and bugger off home.

    Now before i get into the point of the post, i want to say that im well aware of the dangers of not wearing a helmet, and that you can easily have accidents close to work/home etc etc. I would call what i do a calculated risk as im extremely unlikely at the times that i work to get hit by anyone (this doesnt mean its impossible dont get me wrong) and its just plain a pain in the arse to get all tied down just to move the bike around the front. For me its just like moving it from one end of your own property to the other.

    Anyhoo, tonight, as ive done this, as i came to the front of the store, a divvy van rolls into the carpark, disco lights come on instantly as hes assuming ive come off public road without a helmet (no qualms here, if i were in his shoes i would have assumed the same) I got off the bike, opened my jacket with my maccas shirt still on, waggled the managers keys and said sorry guys, just moving it from out the back to the front, he had no issues with this at all and didnt even talk to me about it, just went about his business.



    The issue was when i got back inside, where the night manager (A complete freaking biatch with a chip on her shoulder and an ego to match) who already had 3 seperate staff members all lined up ready to slap her that night starts having a go quite simply just to be contrary and to well.. be her. Anyhow shes just come out with "Well they should have booked you, youre a ******** for doing that, i would have booked you, next time wear your helmet idiot" I eventually shut her up by saying "Yes, if i had come off a public road without it, they would have every right to, yes its stupid riding without a helmet, it is not stupid moving the bike from one end of a property to the other, and besides, Our carpark is private property and as i had not left private property there is nothing he could do anyway"

    Well that shut her the hell up and she just turned her back and walked off, but it does beg the question... am i actually correct there. Because when i think about it im not sure! Technically it is private property, but it is permanently open to the public, so dickheads doing burnouts etc will always get done if caught. Also is having no helmet on in a carpark illegal or not? I know its illegal out on the roads (and quite rightly) But not so sure on this one.... what do you all think?
     
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  2. I think I read about a netrider actually getting booked for moving a bike at a servo so someone else could use the pump. IIRC they weren't even riding the bike, just wheeling it.

    So you possibly can be booked for this.
     
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  3. Yes you were wrong.

    Even though the carpark is on private property if there is full public access the road rules apply.
     
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  4. Can't it still be considered a "road related area" in certain privately owned car parks?

    EDIT: Not sure exactly what VIC rules are...but NSW legislation states the following:

    "road related area" means:

    (a) an area that divides a road, or

    (b) a footpath or nature strip adjacent to a road, or

    (c) an area that is open to the public and is designated for use by cyclists or animals, or

    (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or

    (e) a shoulder of a road, or

    (f) any other area that is open to or used by the public and that has been declared under section 15 of the Road Transport (General) Act 2005 to be an area to which specified provisions of this Act or the regulations apply.
     
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  5. Brisbane airport is private property, but the cops go out there with the LIDAR and make a mint. I've lost enough points on that road alone to lose my license more than once.

    If you take it to court, they concede it's not a public road, but there's some legal wonk about it being commonwealth land, so it's covered by commonwealth law - which means they refer it back to the local magistrate, but it's no longer simply a traffic matter, and you get fined about 3x as much.

    I'm not sure about the details, but if a cop wrote me up for riding without a helmet and all I was doing was pushing the bike around at a service station, I'd take that to court. I'm bloody sure that's not what the intent of the law is.
     
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  6. Know what's embarrassing?
    Someone who won't get off their arse and find some work, wherever that may be. Future employers will also like it on your CV...

    My work carpark is underground and accessed by swipecard, so I think I could legally ride without my lid - it would save a cuppla minutes when I use the compressor before I leave...
    But it wouldn't be worth the grief I'd cop from the OH&S police in the office, let alone the paperwork if something did happen...
     
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  7. Technically it seems you need to wear a helmet if you push a bike.

    From the road safety rules.

    270 Wearing motor bike helmets
    (1) The rider of a motor bike that is moving, or is stationary but not parked, must—
    (a) wear an approved motor bike helmet securely fitted and fastened on the rider's head;

    ride, for the rider of a motor bike or animal-drawn vehicle, includes be in control of;

    Hinges on the definition of ride.
     
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  8. It reminds me the reports of people getting done for drink driving after they've had to many and decided to sleep in there car but left the keys in the ignition(to let the radio or fan on or just to not lose them).
     
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  9. The cops didn't book you,,great it's all over.
    Now you walk inside and your manager has a go? That's the way to look after your own staff isn't it? I'd give her a good clip in the ears and tell her to wake up to herself, there's other things in life to worry about instead of having a go at your own staff for something that has absolutely no effect on work. She needs a kick in the butt and to get a life!
    I know you posted in a political/law forum but really this should be more about people being a little relaxed with life and stop turning into pigs!
     
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  10. I can only add but a couple of word of wisdom...

    1. Yes you were in the wrong.

    2. More embarrasing to sit at home and whinge aboout not having a job than work at Maccas. A lot of employers will look favourably on a work history there as they (and other large food chains) actually teach young people to work (as opposed to paying them to stand around with a blank look an their face as is oiften evidenced in retail)

    3. Fast food 'managers' are a breed unto themselves. Most of their training is in how to follow company procedure rather than how to manage people so the default stereotype seems to be if you love yelling at 16 year olds and think you're a big person if you wear a badge that says so then you're in (yep, massive generalisation there - sorry if I've offended a Maccas manager)

    4. Next time you're leaving as the popo are lining up for their free muffins from boss biatch make sure your helmet is securely fastened but leave your jacket, gloves and riding pants in the back room and squid past them with a half finished quarter pounder or thick shake in the left mit. If you get someone to take a photo maybe it could pass muster in @Chef ' s Bike p0rn thread....
     
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  11. Sounds like a cop was using their brains. Good. As for the manager, only a person with no common sense or perspective would be mad at you.

    Stupid riding without a helmet? So no other factors involved? Ah the rage of the ignorant.
     
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  12. Don't be embarrassed about working at maccas monkey, full cred for being out there having a go ;)

    If there's public access they have the power to enforce, I've been "warned" scooting a pushie across a velodrome no helmet on the public access basis.
     
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  13. Incorrect.

    Any land that has access to a public road, is considered part of the road sytem. Car parks, servos, etc, as other have said.

    Don't ask me how I know.

    You were lucky, you could have been booked.

    It would take a right cunt of a copper to book you for it though... :-w
     
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  14. Yes you were technically in the wrong. But your manager is a ********. Glad she's not smart enough to be a cop..
     
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  15. Quote of the thread!!!

    Also, don't be embarrassed about working at maccas. Much better than you have a job!!!
     
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  16. Put the call out mate. There are plenty of riders who like eating McDonalds, and there are plenty of riders who would like to slap her fries off her shoulder (McDonalds don't have chips)

    The next time your on a shift with her see if you can get a heap of them to swing by for a random drop in. The reaction is always gold.


    That's gold
     
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  17. Just for those that are interested, Road Rule 270 makes no mention of "Highway". This means that the offence of not wearing a helmet can occur anywhere, including on private land. All that matters is that the bike was moving, or was stationary but not parked.
     
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  18. ...bart is it also correct you can done under hoons laws for dropping burnouts in your driveway?




    Off topic but slightly relevant.
     
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  19. Yes, that is correct. Again, the offence occurs anywhere with some exceptions (see below). Better build a raceway in your driveway....

    http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt6.nsf/DDE300B846EED9C7CA257616000A3571/6794DCFD35D0BB18CA2578FD000084AA/$FILE/86-127aa132%20authorised.pdf

    65A Improper use of motor vehicle
    (1) A person must not drive a motor vehicle in a
    manner which causes the motor vehicle to
    undergo loss of traction by one or more of the
    motor vehicle's wheels.
    Penalty: 5 penalty units.
    (2) In a proceeding for an offence against subsection
    (1) it is a defence to the charge for the accused to
    prove that he or she had not intentionally caused
    the alleged loss of traction.

    (2A) Subsection (1) does not apply to a person who
    drives a motor vehicle in the manner described in
    subsection (1) on land other than a highway in the
    course of—
    (a) an event or function that—
    (i) is conducted at a motor sport venue;
    and
    (ii) is authorised by the operator of the
    venue;
    (b) an event or function that—
    (i) is organised, conducted or sanctioned
    by a motoring organisation; and
    (ii) is conducted in accordance with the
    rules of conduct of the motoring
    organisation; or
    (c) driver training that—
    (i) is supervised by a person for financial
    gain or in the course of any trade or
    business; and
    (ii) is conducted at a venue designed, or
    primarily used, for driver training or at
    a motor sport venue; or
    (d) vehicle testing by, or authorised by, a
    manufacturer of vehicles or vehicle
    components; or
    (e) training activities of Victoria Police.

    This is further explained in the act, see the link above.
     
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  20. Hahaha thanks guys. Well i guess i was wrong. Not that id admit it to her. Shes actually going to get sorted later on in the week. Theres half a dozen of us that are putting in complaints. (Including 2 customers)
    Well i guess thankyou to the Cop as well for excercising his discretion and common sense. Ill just have to make sure im more careful in future as we often have them going through work, if its illegal it would only be a matter of time before i get one in a shit mood (After we give him the wrong flavoured donut) that does me for it.

    Thanks for the feedback.
     
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