Good information if you're unfairly treated by Police

[Adamal]

Just found this link posted by someone on the NZ Silvia club pointint to a post on SDU.

Now, most of the Police in my opinion and personal experience are good, do their job properly and don't try to screw you over.

However, there are the bad eggs who will use the 'Boy Racer' Act against you and ping you, impound your car for no good reason.

Should you find yourself in this situation, and you honestly believe you're being hard done by (IE not saying "Stupid pig, pulled me over for nothing! I was only doing 55!" when really you were doing a burnout at the lights and then speeding off to 100kph), then you should read this. Its very informative.

http://www.skylinesdownunder.com/forums ... hp?t=29578

[no_8wire]

Cheers...info is now stored in car for future situations...

[flygt4]

i had one attempt to do me for excessive acceleration once, i found that being completely reasonable with the senior sgt of the station involved went a long way. the charge ended up being dropped in court by the police prosecutors because it didnt meet any criteria of the offence

its also a fine line between knowing your rights, and acting like a cocky arrogant bastard and making things worse for yourself too.

[dougsop]

so u can acc as fast as u want as long as u dun

- skid, drift or lose control
- with in the speed limit
- and not racing with another person??

haha

[B ROWDY]

so u can acc as fast as u want as long as u dun

2 words: Oxford Dictionary

[MrOizo]

so u can acc as fast as u want as long as u dun

2 words: Oxford Dictionary

classic!

[Adamal]

so u can acc as fast as u want as long as u dun

Derka derka, mohammad jihad!!

[saft]

take everything in that SDU thread with a grain of salt - its not all accurate.

[BlakJak]

Agree with saft.
Good that hes summarised the terms of the law, but the guy isn't a lawyer... a spelling mistake in an infringement notice isn't necessarily going to get you off. (We've been down this track before..)

[Jazza]

Agree with saft.
Good that hes summarised the terms of the law, but the guy isn't a lawyer... a spelling mistake in an infringement notice isn't necessarily going to get you off. (We've been down this track before..)

No, but if they say your on a different road to what you were, you get off

[SkylineObsession]

I'm becoming scared of doing anything while driving the car now thanks to all these new laws. Like the other day i booted it away from a t-junction (only up to 50 km/h, which is 10 km/h short of the length of first gear) and noticed this late model Commodore following me near the ice stadium, but he/she turned off in that area.

Still, had me worried for a while thinking it was a Police car and that they'd impound my car for excessive accelleration.

[slighty_sykotic]

Ok,

Here we go.


FULL SECTION 22A

Code: Select all

22APersons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads 
 

 
 (1)A person must not operate a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road unless the operation of the vehicle in that manner is authorised by law.
 
 

 (2)A person must not, without reasonable excuse, intentionally pour onto, place on, or allow to spill onto a road—
 
  (a)any petrol, oil, or diesel fuel; or
 
 (b)any other substance likely to cause a vehicle to undergo loss of traction.
 
 
 
   
 
 (3)A person must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction unless the operation of the vehicle in that manner is authorised by law.
   
 
 (4)In this section and in section 96(9), the operation of a motor vehicle in a particular manner is authorised by law if,—
     
 
 (a)in the case of a race or an exhibition of speed or acceleration,—
 
 
 (i)the speed of the vehicle is within the applicable speed limit or speed limits; and
 
 
 (ii)the vehicle operator does not contravene any enactment other than this section that applies in relation to the operation of the vehicle; or
 

 (b)the operation is conducted on a road that is closed for the purpose under section 319(h) or section 342 of the Local Government Act 1974, and is conducted in accordance with the conditions (if any) imposed under Schedule 10 of that Act; or
 
  (c)the operation is otherwise authorised by or under an enactment other than this section.]

Ok, first thing.


You do a burn out, or sustained loss of traction without a resonble excuse (ice etc, in which case you would prob be able to be charged with careless driving or something). and you lose your car. No way around it. NOTHING in that act above say that you must be breaking another law.


Second, for racing/excessive accelleration.

It says this:

Code: Select all

 (i)the speed of the vehicle is within the applicable speed limit or speed limits; and
 
 
 (ii)the vehicle operator does not contravene any enactment other than this section that applies in relation to the operation of the vehicle; or
 

Now, to be able to get off using that statment above, you MUST be within the speed limit AND you must not be breaking any other rule, correct?

Now, there is a law stating you must not "drive in a manner likely to cause annoyance to others" (or something to that effect, i will find that section soon).

Now, to me, if you scream away from the lights up to 49km, you meet the first thing about speed, but thats breaking a law annoying others as far as I can see.

That means you lose your car.

Basically, you do it in the middle of the country with NOONE around, you will legally be able to accell as much as you want up to the posted limit, (but in that case you wouldnt get pulled over would you as no1 is there).

But you do it with houses or other drivers or people walking etc around.

And you lose your car.


Simple.

Don't be a fcuknuckle, and you won't lose your car.


Anyone that wants to say im wrong, go for it, but explain your point of view, don't just say im wrong.
--Sykotic

[slighty_sykotic]

Further more,

This part of the act

Code: Select all

Land Transport Act 1998
Part 2 Primary responsibilities of participants in land transport system (s 4 to s 13)
General responsibilities
7 Drivers not to be reckless or dangerous
 
   
 
 7Drivers not to be reckless or dangerous 
 

 
 [(1)A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.]
 
 
 
 (2)A person may not drive a motor vehicle …, or cause a motor vehicle to be driven …, at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person.
 


If you launch off from lights, or race someone to 49kms, I believe, and the court would believe that you were/are are in breach of the above statment, meaning that you then qualify to be charged under the section 22A in relation to racing/accelleration.

Code: Select all

Land Transport Act 1998
Part 2 Primary responsibilities of participants in land transport system (s 4 to s 13)
General responsibilities
8 Drivers not to be careless or inconsiderate
 
 8Drivers not to be careless or inconsiderate 
 
 A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons
 
 
 


You could also break the statment above aswell. Again, that allows you to be done under section 22A.


Basically, if you race/accel, you are going to be breaking several other section aswell.

--Sykotic

[BlakJak]

Agreed 100% Sykotic.


Oh, and Jazza: YOU'RE

[flygt4]

in summary dont drive like an ass , and have an exhaust with effective mufflers and youll be right

my particular example, a police officer heard me accelerate from around a blind corner and essentially didnt like the amount of noise my car made. needless to say the charge of eccessive acceleration got binned pretty quick.if he'd been half a brain cell smarter he might have used the noise or annoyance laws, but got greedy and felt like impounding my vehicle, and got nothing for it.

since then i have modifed the exhaust to be quieter. also helps that its always broken so i never drive it now