There are a lot of rules and regulations out there and the average person goes along with what he/she is told when he or she gets in trouble for eg: loud pipes, over wide handle bars. Do you think that we should have a page done up for legal advise, or a fact page so we know our rights before we get hassled? There seems to be a few people here who know more than others and could help out??, or is there a lawyer in the house??

it would be could if anyone had any links aswell of info like australian design rules, regulations, legislations, standards, and any other good oil like that.

Great idea.

regulations, legislations are they different in every state ???

I'll bite. But please, don't bite me back.

I can speak for SA, but each state will be similar and will have similar legislation (on your individual state government legislation web page).

Motor Vehicles Act 1959 - CURRENT (includes all addendums, modifications, changes etc)

http://www.legislation.sa.gov.au/LZ/C/A/MOTOR%20VEHICLES%20ACT%201959/CURRENT/1959.53.UN.PDF



Summary Offences Act 1953, current:

http://www.legislation.sa.gov.au/LZ/C/A/SUMMARY%20OFFENCES%20ACT%201953/CURRENT/1953.55.UN.PDF


Summary Procedures Act 1921, current:

http://www.legislation.sa.gov.au/LZ/C/A/SUMMARY%20PROCEDURE%20ACT%201921/CURRENT/1921.1479.UN.PDF


Motor Vehicles Regulations 1996, current:

http://www.legislation.sa.gov.au/LZ/C/R/MOTOR%20VEHICLES%20REGULATIONS%201996/CURRENT/1996.126.UN.PDF


These four pieces of legislation are the cornerstone of MOST road traffic administration and policing. The Summary offences includes all the general stuff cops deal with as well.

The ADR (Australian Design Rules) are the guide for all motor vehicle regulations and specifications. (I shall find it for you later - bit busy right now) but it is actually an advisory committee but accepted by the state authorities as the guidelines. The ADR itself is not actually the legislation, but each state legislation (usually) poin s back and refers to the ADR as the "authority" to comply with.

Hope this helps for starters.

There is much I could say about "the law" (besides: "pffft") but one thing I think is important for you all to know is that:

- If it is not specifically mentioned then it is not illegal.-

Also, make sure you check the Definitions at the front of each Act, because what you THINK something means is NOT necessarily what the law says it is.

For example. 6 of us got nicked by Adelaide Ciy Council for "Parking on Footpath". I declared the tickets were issued illegally by the said officers because we were not parked on a footpath. The definition of a footpath is not what you think under the Act, it is "..for pedestrian use". Where we parked was clearly not intended for pedestrian use. I won all 6 tickets.

There is just so much to learn, I can't do it in one posting! So many little things that aren't even written down anywhere. Simply reading and knowing the relevant Act is not enough. You MUST understand the Definitions and purpose of the Act. In general, safety will always override the Act, so you can break the law if the higher good of safety or emergency exists. But of course, you must be able to show this.

Then there's intent. MOST road issues do not require intent to be present for an offence, or breach, to exist. ALL criminal matters do. (Except this bullshit Bikie Law here is SA... 'nuther story). For example. You walk into KMart, put a pen in your pocket off the shelf and walk out. Shopstealing? The store detective places you on citizens arrest (he has no police powers) and has you charged with shoplifting for the --ONE-- pen in your pocket, as found when the local police arrive and complete a search. WHAT YOU SAY here makes the difference between a criminal offence or walk free. "Oh, I forgo that it was there, as I noticed the time and went outside to call my girlfriend and was running late". This therefore shows no INTENT TO DEFRAUD as it you show and declare a pre-occupation with something of an urgent nature. However, this can ONLY work for ONE item small enough to be readily forgotten in such a manner. If you have TWO items, no excuse will get you out of it.

So much..

I am keen to educate people about such things as I think it is your best interests to know where to find the laws, to be able to read them and to be able to understand them. I am absolutely disgusted with the legal fraternity for keeping so much to themselves.

If someone sets up a new topic/thread, I will post stuff as I think of it. I will locate other valuable legal resources (accessible to -ALL-) and tell you how to read it and interpret it.

Hope that helps for starters.

makes great reading Paul, but m8, you're waayyyy to smart to be on this forum

 

Keep up the great work

By the way, I am NOT a lawyer. This makes this all the more interesting because a lawyer (who is admitted to the Bar) is under oath as an officer of the court to never give direction on how to circumnavigate the law, or give advice on how to break the law (even if he knows how). A lawyer MUST obey the law and has also taken under oath to "act in the best interests of his client". (Pfft to that by the way..)

On that basis, this is why if you go to a lawyer with a parking fine (like we got) he will simply tell you to pay it, even if you were not in the wrong. WHY? He knows the defence, he knows the argument and he knows you are in the right?? BECAUSE in YOUR best interest a $50 fine and an admission to something you didn't do is cheaper for you than his $400 bill to argue it and get you off.

Now you know why I am not a lawyer...

hehe.

PaulK good to have you on our side, and i think that we need a page just for laws and regulations as things are getting worse by the day, and the average citizen/bike rider does not know his rights. I did not know that there was a right and wrong way for the boys in blue to test for loud pipes until i found out from this forum. I think that it needs to be in plain simple language for us though as those web sights look like a head spin for me. Thanks for your help.

Great stuff Paul.

Thanks for the Info.