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[VIC] Is it right..???

Discussion in 'Politics, Laws, Government & Insurance' started by kampa77, Nov 19, 2008.

  1. Is it right for a police officer to write a ticket, remove a rego plate of a non-registered vehicle (bike or car ) that is parked on private property.??

    example; A bike is trailered to carpark next to a service station, it is unloaded while waiting for another friends ute to come collect it and take it to his place where the bike will be worked on to get it ready for road worthy.
    A police officer pulls up, runs the rego and discovers it is out of date. Makes the rider remove his rego plate and writes a fine to the sum of some $600 for having an unregistered bike etc..

    Is this right..??? or just another example of police bullying..??

    moved to politics - joel
  2. The thing that stood out is that the vehicle still had a plate despite not being registered. As far as I know you're meant to hand the plates back in if your rego runs out and you don't renew it.

    It is still a bit rough copping a fine while parked on private property. I didn't think that could happen or is allowed. I'd hope that couldn't extend to farmers riding unregistered bikes or garages working on race cars. However, I haven't looked up the law.

    EDIT: I just took more note of the car park part. I think a car park could be classed as a public rather than private property if it is registered that way so the police officer would have every right to do what they did.
  3. Not too sure on the finer points, but if the bike wasn't being ridden, I dont see why there was a problem... :?

    (And none of this "intent" bullshite, they intend to shoot me then and I can kick their ass first in self defense... :roll: )
  4. im pretty sure its illegal to diplay plates on an unregistered bike. same as displaying a rego sticker that is not for the bike its on
  5. What exactly did the fine say? It's certainly not illegal to own an unregistered vehicle.

    As for the car park being private property, the Australian Road Rules would classify it as a road related area so if the bike was being ridden in the car park then i can understand the cop giving out a ticket. If it was just being taken of a trailer and put onto a ute then i think you'd be able to come up with a reasonable case to get out of the ticket, without knowing what the ticket actually says it's difficult to say though.
  6. as others have said it was the rego plate that screwed you over :)
  7. Depends on the car park. If it was ACTUALLY private property then the police officer does not have the ability to enforce road law. (that's why you can go as fast as you like at race tracks etcetera, the road law does not apply on private property.) (I think he has the right to remove the plates, but he CANNOT fine you for riding an unregistered bike unless he SAW you riding it somewhere where the road law applies.)

    But if it was a COUNCIL OWNED car park, then thats another matter and you'd have to get legal advice.
  8. It is true that my friend did have the rego plate attached, he at no time actually sat on the bike and was not actually standing near it when the officer pulled up.

    We will just have to wait and see if the officer attempts to fine him for operating an unregistered vehicle.
  9. Actually I believe road law is enforced where the area is open to public access even if it is private property e.g. private property carpark. A racetrack is closed/gated from private access so road law is not enforcable.
  10. Not so sure that this applys to all laws, as I am fairly certain that there are cases of DUI on private property. (after injury)
  11. I used to think that until I had it pointed out to me that this is not the case and did a search of the Australian Road Rules.

    Ownership of the car park is irrelevant, the definition of road related area includes:

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

    So unless the car park was is strictly private use only and the public is locked out the road rules apply.
  12. +1 I suspect it is the fact that he didn't hand the plates back.

    In terms of getting the fine for having an unregistered bike, I would think that a letter with photos to appeal the fine would get you out of it if it was indeed parked at a mechanics.

    If the fine was for not handing in plates, it will probly stand I would think.
  13. This is correct, and you can get fined for "Own or Use unregistered motorcycle" so whether there was intent to use or not is irrelevant. What is relevant is whether it was on a road or road related area. If a car-park is accessible to the public then it falls into that area. It must have been over 3 months out of rego for the registration to have been cancelled. The plates are then seized as they belong to the Roads corporation. :cry:
  14. yes it is legally right but it's not pleasant for the owner

    cop would've suspected a stolen bike. at least they checked. the one time their hunch is correct, somebody gets their bike back and some crooks get nabbed.

    if it were my bike, and i was in that situation, it would not be overly hard to politely talk my way out of a fine. i have for much worse than that.
  15. +1 This is correct. A road related area and road equals a highway.
  16. Not sure about the rules down there in vic. , but this passage is taken from the NSW RTA web site and regards using an unregistered vehicle for the purpose of registering it.

    irrelevant to Victoria sorry deleted MOD:
  17. It won't. The offence occured in Victoria. I don't see how refering to NSW laws can help.
  18. Yep.

    If you let a vehicle's rego lapse then you have to hand the plate(s) into Vicroads.

    I'm sure that if you do a search of the Vicroads website you'll find all the relevant info on this.

    Further, why did you not simply trailer the bike all the way to the mate's place?
  19. Regarding unregistered vehicles in Victoria, you may apply for a temporary registration permit for 28 days to drive the vehicle about for purposes of road-worthies and inspection. It's a limited thing of course, and it not the same as a fully registered vehicle.


    Of course, in the OP scenario, if the bike had an unregistered vehicle permit, it wouldn't have been a problem, aside from the registration plates that had expired, and so should have been handed in.
  20. So from what I'm reading , if your bike / car e.t.c. is 1 day over rego date , you guys in Vic. must hand in the plates. I would presume that you then have to apply for a new registration.
    If not , then from the orig. post, there should have been no problem having an expired plate on the bike for the purpose of having it repaired to meet requirements for rego.
    It would seem that if the bike was on a trailer, or on the driveway at home , whilst being repaired , and a cop was to do a rego plate check, you can still be fined for an unregistered vehicle.