Online: softfat

Rider fined for stretching his leg!!!

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  • The Black Pearl
    The Black Pearl
    11 years ago
    A question on the need for accuracy in relation to infrigment notices . I was pulled over for speeding in my car just before xmas , the limit had been changed from 80kmh to 60 kmh at some point and as I work interstate and dont get home often enough I was unaware of the change . Done doing 86kmh slowing down . Anyway the ticket was issued to "grey Holden" while my car is a black Fpv . had the right rego number and license number . Is it valid? I will pay it but am curious as to the degree of accuracy required.
  • Darke_peak
    Darke_peak
    11 years ago

    First of all. This is going to be long post. No need to post TLDR, I warned you.

    Deja vu!!!!

    This thread forced me to go and look up the road rules, since I never realised I was breaking the law for stretching my leg.

    So today I went for a ride on my Ducati 1098 in the Adelaide Hills, with the Ducati club. Sorry Rodders, didn't see any chickens crossing the road.

    I was riding along Gorge Rd near Cudlee Creek, heading towards Adelaide, when a motorcycle police officer pulled onto the road in front of me from a parking bay. I followed him down Gorge Rd and he was regularly speeding, and on two occasions he rode for some distance with both feet off the pegs. The first occasion was at 80km/hr for about 5 seconds. The second occasion was at 70km/hr while tailgating a car, for around 15 seconds, while going around numerous corners, and even for 5 seconds of that time with only his right hand on the handlebars. I've been cautioned for failing to maintain adequate control of a motorcycle (I deserved it) but this was too much to bear. Also note that it was a warm day and he was not wearing any leathers and rode the whole time with his chin guard in the raised position. So I started honking my horn at him, and waved my arm at him when he looked in the mirror. He pulled over in a parking bay and I pulled up alongside him. Luckily I had the baffles in, so apart from being just a tad noisy everything else was completely legit on my bike, but my heart was still in my mouth. Here's an abbreviated version of the discussion that prevailed:
    Cop: can I help you, is there something wrong?
    Me: with respect, I feel you should be setting an example for safe riding.
    Cop: what is the problem?
    Me: you were following very closely behind that vehicle with your feet off the pegs and only one hand on the handlebar, doesn't seem like proper control of a motor vehicle.  Although I don't agree, I learnt the other day that it is illegal to ride with one or both feet off the pegs. 
    Cop: if you are going to make a complaint, then go ahead. But do you realise that we are exempt from the road traffic act under section 303? Is that all?
    Me: I'm not familiar with section 303. I'll have to take your word for it. But while I'm at it, I'm going to ask if your helmet is approved for use with the chin guard raised while riding? I just bought one similar and the shop made it very clear that your model cannot be worn in that position while riding.
    Cop: how do I put this politely? I just told you that we have an exemption under section 303. If you pulled this stunt on any of my colleagues you might be walking home. . Now if I want to stretch my legs to prevent a cramp I'll fucking stretch my legs. Do you ride 8 hrs a day? When did you last get a rest from riding your bike?
    Me: I struggle to stay on this thing more than 40 minutes before cramping up. I like riding but I admire you for being able to do it day in and day out. Are you not allowed to take a break from riding?
    Cop: if you want to make a complaint then go ahead, otherwise have a nice day. Goodbye.
    So with some trepidation I take off and he follows me nearly all the rest of the way home. Now I'm wondering if I'm going to pay for it later.

    But I'm curious about this "section 303" that gives them exemption. I search for it and find this:

    303—Riding an animal alongside more than 1 other rider
    (1) The rider of an animal must not ride on a road that is not a multi-lane road alongside more than 1 other rider, unless subrule (3) applies to the rider.
    Offence provision.
    Note—
    Multi-lane road............ Etc.

    He wasn't riding a horse, but I'm sure he wouldn't be making a false claim about exemption. After some time I find section 305:

    Part 19—Exemptions
    305—Exemption for drivers of police vehicles
    (1) A provision of the Australian Road Rules does not apply to the driver of a police vehicle if:
    (a) in the circumstances:
    (i) the driver is taking reasonable care; and
    (ii) it is reasonable that the provision should not apply; and
    (b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
    Note—
    Motor vehicle and police vehicle are defined in the dictionary.
    (2) Subrule (1) (b) does not apply to the driver if, in the circumstances, it is reasonable:
    (a) not to display the light or sound the alarm; or
    (b) for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

    So, should he be covered under this exemption considering his actions: no feet on the pegs and only one hand on the handlebar while tailgating a vehicle?

    I normally have the gopro fitted for the Ducati club rides. Unfortunately not today.

  • flstc08
    flstc08
    11 years ago

    G'day,

    we all cramp up, that is why we stretch our legs.

    But, good on you for having a go. Just as well the copper was understanding. The bike riding ones usually are.

    But, he doesn't ride for 8 hours straight, OH&S rules.

  • Peterdk
    Peterdk
    11 years ago

    Hey Darke Peak,

    No wonder you struggle to stay on your bike for 40 min, if you pulled a cop over to tell him he wasn't obeying the road rules then your balls must be so big they would be very painful on a bike seat for any length of time!!!!

    Hope your actions don't come back to bite you in the arse, he has your plate firmly embedded in his memory and I'm sure he will watching!

    Peter

  • Darke_peak
    Darke_peak
    11 years ago
    It's one for the bucket list. Pulled over a police officer. Tick.

    I certainly didn't think it through very well. When I honked the horn I didn't consider that he would pull over straight away. And when he did pull over I felt I should pull up as well. I figured I didn't have much to lose as long as I tried to show some level of respect. I'll stay off the Ducati for a month or two now.

    If I had the gopro I probably wouldn't have questioned him, just submit it to my local MP for her to follow up.

    I do know that they will play dirty. Only last month I recorded a phone call with police firearms branch and then wrote a complaint letter to the commissioner of police, with a copy to my local MP, making mention that I had recorded the call and would provide the recording upon his request. He didn't request it, but a senior constable rang me up and informed me they would be issuing a formal caution for recording a phone call with a police officer without their knowledge or consent. SA is stricter than other states in this regard. I went and read the SA listening devices act 1972 and found a clause that you are allowed to record a call if you are a participant and it is for the protection of your lawful interest. I sent an email to the officer that was going to caution me with reference to this clause. Instead I received a caution for a different matter and they claimed to let me off for recording the call. However the local MP sent a copy of my letter, along with a cover letter of her own to the Police Minister asking for an explanation to my issue. Still haven't seen anything further on the topic.

  • Deadwood
    Deadwood
    11 years ago
    Maybe just write some letters, apparently forum rides are a waste of time.
  • 06 Softail
    06 Softail
    11 years ago

    Hey China, thanks for posting the Austin Powers link, mate it bloody cheered me up a bit, as I'm just going through a bit of a rough patch at the moment.

  • shingles
    shingles
    11 years ago

    i suffer horrendus cramps all the time the ones that stiff leg ya ,an only way 2 find relief is 2 put leg straight out an if its outa control beyond calming down ,i ave 2 pull over if situation allows and lay on ground sqeezing area an moving untill i get subsidence from cramping .also have 2 stretch my bad leg as its locked at ankle no rotation in foot or feeling an full of pin an screws ,leg broken 5 places knee an ligiments ripped out np minniscuss or cartalidge in knee rods up threw heel into main leg bone threw heel ,now the pain and cramping in that leg will make ya wince so that leg does do a fair bit of putting out straight an knee rubbing .anyway i keep eyes peeled 4 dem funny dude wearin hats checkered style ,ride to be gone away be fore they gets close always at front at lights ,ride my way always changin ways an now were pushy traks are and i now all of them how wide if ever needed ,and by being in front at lights you av heads up if it turns 2 shit an im off stg iv 103 and ill be miles ahead in some unknown direction were ever i feel is away from those people ,an i make sure full tank every time head out and there will be smoke an a hell of noise while im out an about also some high end ks as well an dontlet em close enough 2 read numbers ,must be vigil at all times an be prepared 2 evade i dont stopp av other things 2 do more important your either on it or your not no inbetween wen we move an av places ready in case things start closin in road direction in unimportant as is everything else wen late for cribbage ha ha ha SHINGLES

  • BigV
    BigV
    11 years ago
    Proof revenue raising is taking precedence over common sense. Wouldn't be surprised if the rule was initially created to prevent hooliganism antics, but surely a stretch is just pure common sense.
    God's country overrun by idiots!
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