Okay so I didn't know about this!

[Graham]

Last night I went to a last minute cruise and was driving around, blah blah blah.

(cops were at EVERY single meetpoint )
All it takes is one idiot to do a burnout and attract police for them to mess it up for everyone, but anyway that's not the story.

It was 2:30am and I was heading home and I saw a police car hiding up ahead in the distance behind bushes and my radar detector went off alerting me I had been hit by a laser, so I took the next turn but then stupidly drove into a cul-de-sac, now the police weren't too happy about that and he was a bit unhappy about it and started threatening me with bogus fines.
"You're lucky I don't fine you for that radar detector right now!!"
"You're in trouble now mate, you're dealing with a traffic cop!"
"I'm GOING to find stuff wrong with your car and I'm going to yellow sticker you"

After about 5 minutes all he finds is one bald tyre but instead of yellow stickering me I get slapped with a $100 fine..
after he found that he said in the stupidest tone "I told you I'd find something wrong with your car, heh!"

Now I rotated the tyres today and I was aware the rear ones are alot balder than the front ones but it only JUST has enough tread, but it isn't worth arguing so I'll need to pay the fine or they advised me my license would be suspended.

My question is can they fine you for bald tyres?
I googled this but couldn't find anything relevant in Australia.

[The X]

I'd say if the tyres are deemed roadworthy, then no he can't fine you.
What was the fine specifically for on your infringement notice? Exact wording...

I'd be talking to his superior at the local cop shop if it's all bogus. The cop seems to have acted unprofessionally and seems with what he said, seems you have been victimised.

anyway give us more info....

[bd-850]

as Pete said it all depends on HOW bald your tyre was.

i know its bad but who would the police beleive, a fellow copper or some young kid?

i beleive if you start a fight with the police you will be targeted alot more.

[Josh_Emerton]

Fact remains you have a radar detector? Its a catch-22; challenge it and they'll say why'd he pull you over - "Oh, coz I turned into a cul-de-sac coz my RD pinged"

[Graham]

Yeah, I know that starting fights/arguments with police gets you nowhere fastm I may put a complaint through for him, maybe. I have two fines by two different officers so I can't remember which one is him and the lady with him was acctually pretty nice, ugh!

I scanned a copy of the fine..
I noticed it said "P Plates Attached" and he selected no, I had my P plates up..




EDIT: Yeah I know, Josh - I had my radar turned off as I turned everything off when I got pulled up but he didn't think that i turned because it pinged he thought I turned because I saw him and he knew that I knew that I wasn't doing everything properly.

[Josh_Emerton]

Looks legit; see the '6077' part? Thats the number in their manual relating to that particular offence.

But see my earlier post, above that scanned ticket

[Graham]

Ohh okay, well if it's in the manual then I guess it has to be legit LOL

I usually don't get too much trouble with the radar detector though and as far as I'm aware it is legal, but I might have to call the RTA and confirm that again.

When I had underbody neons in my old car I printed off the PDF with the requirements for neons and made sure that they were okay so if they tried defecting it I could prove that they are legal. I may have to do the same for the radar detector.

[Josh_Emerton]

Well they;re illegal in QLD, I know that :S

edit: by legit, I meant it IS an offence. Whether you qualify for said offence is a different matter entirely?

[Graham]

Yeah, I think WA is the only state that they're acctually legal in, lucky us! lol.

The thing has easily paid itself off though, not that I speed a lot but sitting in the flow of traffic it tends to be between 1-10k's over sometimes and in a single lane I don't enjoy being given the bird of being blinded by high beams

I know that laser jammers are illegal to USE, my mates dad had one on his RX8 (Untill some guy in a magna wrote it off) but I don't particularly want one of those, even though it might save a speeding fine the trouble that comes with it could make it worse.

Yeah I know what you meant
I emailed the Department of Planning in WA so I'll await a response and see what they say.

[The X]

Insufficient tyre tread, would suggest and unroadworthy tyre. Is it, or isn't it? Get it checked, if it's fine, apply to have the fine rescinded. The cop probably eyeballed it and thought it was close enough for a fine.
If you can get it checked and it has sufficient tread, then no fine.

As for the "plates" not attached - what a dodgy bastard. Should've pulled him up on that. However you could argue, if your plates were not on, why he didn't fine you for that. Actually.... I recall somewhere (at least in NSW) if the infringment notice in anyway is filled out incorrectly, it is deemed invalid. Will have to google it later, i have to split....

As for bd-850's comments re: not picking a fight with the police, seems that attitude and general concensus just contributes to the cops getting cocky as they now expect people not to be bothered. Sad state of affairs I'm afraid.

Get your tyres checked and if yoy're in the clear, chat to your friendly local sarg. They wont be able to "cancel" the fine, I think you have to thru the administrative process, but if you have the backing of the local cop it helps.

Aren't radar detectors legal in WA?

[Blakey]

all i know is a cop cannot actually fine you for bald tires only a department of transport can. a cop can give you an infringement notice and make you get new tires but he cannot give you a fine for it. the fine he gave you will be for something else that he has not told you. i suggest you call the cop station and request what fine he has given you. if they cannot give you it they you can take the ticket to a small claims court/traffic court and get the fine voided.

and if that is the way the cop has acted then you should tell his superiors as he acted in a very unprofessional way.

[Graham]

I think the tyres are JUUUUUST legal, but because it's so borderline I'm not even going to worry about it. a $100 fine is much easier than a $80 defect notice because I then need to organise it to start late at work or take a day off and fix up other possible defectable items on my car.

I didn't get pinged for the plates it's all good, but I'll mention that if I complain. I won't bother getting them demmed invalid, at the end of the day I was speeding so I will wear the fine it's just the tyres that made me think "wtf?"

Yeah they're legal unless the law has changed in the last 2 weeks, but I checked and it doesn't look like it's changed.

EDIT:

all i know is a cop cannot actually fine you for bald tires only a department of transport can. a cop can give you an infringement notice and make you get new tires but he cannot give you a fine for it. the fine he gave you will be for something else that he has not told you. i suggest you call the cop station and request what fine he has given you. if they cannot give you it they you can take the ticket to a small claims court/traffic court and get the fine voided.

and if that is the way the cop has acted then you should tell his superiors as he acted in a very unprofessional way.

Ohh, that's interesting.. I guess if I don't hear back from this email next week I'll give them a call and find out more info!

I'll look into that, thanks

[Blakey]

but graham that is here in QLD tho that i know this. it may be different in WA

[DJBOOBY]

Western Australia, WA - radar detector laws

Currently there is no legislation relating to radar detector use, sale or ownership. Therefore radar detectors are only legal to SELL, OWN and USE in Western Australia. Laser Jammers should be considered illegal to use, however, there is no specific law against ownership and usage would be possibly considered hindering police. This includes parking sensors that are also laser jammers.
Queensland, QLD - radar detector laws

Transport Operations (Road Use Management) Act 1995

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT-ROAD RULES) REGULATION 1999

Using radar detectors and similar devices

(1) A person must not drive a vehicle if the vehicle has in or on it-

(a) a device for preventing the effective use of a speed measuring device; or

(b) a device for detecting the use of a speed measuring device.
Maximum penalty-40 penalty units.

(2) Subsection (1) applies to a device whether or not the device is operating or in working order.

South Australia
(Road Traffic Act 1961- May 2 1996 Reprint) 53B. (1) A person must not-(a) sell, offer for sale or use a radar detector or jammer; or(b) drive a motor vehicle that contains a radar detector or jammer
Tasmania, TAS - radar detector laws

Traffic (Road Rules) Regulations 1999

REGULATION 225 PART 13 - LIGHTS AND WARNING DEVICES

Division 3 - Horns and radar detectors

Using radar detectors and similar devices.

(1) A person must not drive a vehicle if the vehicle has in or on it a device for preventing the effective use of a speed measuring device, or a device for detecting the use of a speed measuring device, unless the person is exempt from this rule under another law of this jurisdiction.

Penalty: Fine not exceeding 10 penalty units. Note: Drive includes be in control of; see the definition in the dictionary.(2) Subrule (1) applies whether or not the device is operating or in working order.

PART 22 - LOCAL ROAD RULES

Note 1

The rules in this Part are not part of the national scheme. They apply only in Tasmania.

Division 1 - Powers of police officers and authorised persons Seizure of detection devices

354. (1) A police officer or authorised person who has reasonable grounds for believing that a motor vehicle is equipped with a detection device may; a) enter and search the motor vehicle; and b)) doing as little damage as possible in the circumstances, seize any device that appears to the police officer or authorised person to be a detection device; and c)) cause any device so seized to be tested; and d)) cause any device so seized to be produced in court as evidence in any proceedings under rule 225.

Note 1: Authorised person and police officer are defined in the dictionary.

Note 2: Rule 225 makes it an offence to drive a vehicle having a detection device.(2) If a person is convicted of an offence under rule 225 the detection device to which the offence relates is forfeited to the Crown.(3) In this rule," detection device” means ­(a) a device for preventing the effective use of a speed measuring device; or(b) a device for detecting the use of a speed measuring device. Start of valid time period for this component: 01 Dec 1999

End of valid time period for this component: 29 Nov 2009
Northern Territory, NT - radar detector laws

PART 2 – TRAFFIC RULES THAT APPLY IN TERRITORY
Division 8 – Other road rules

27. Interfering with traffic infringement detection device

(1) A person must not unlawfully tamper with, interfere with or cause damage to a traffic infringement detection device.

(2) A person must not unlawfully interfere with the operation of a traffic infringement detection device.

(3) A person must not drive a vehicle that has in it or on it a device for preventing the effective operation of a traffic infringement detection device.

(4) A person must not drive a vehicle that has in it or on it a device for detecting whether a traffic infringement detection device is in operation in the vicinity of the vehicle.

(5) A person commits an offence against sub regulation (3) or (4) whether or not the device in or on the vehicle is in use.

(6) If a member of the Police Force believes on reasonable grounds that a person has, or a vehicle is fitted with, a device that is intended to be used in contravention of this regulation, the member may seize the device for the purposes of tendering it in evidence in a prosecution of the person.

(7) If a person is found guilty of an offence against this regulation, the court may order a device seized under sub regulation (6), or a device used in the commission of the offence, to be forfeited to the Territory.
Australian Capital Territory, ACT - radar detector laws

MOTOR TRAFFIC ACT 1936 - SECT 164G

Sale, purchase or use of radar detectors and jammers 164G.

(1) A person shall not use, sell or offer for sale, or purchase, a radar detecting device or a radar jamming device.(2) A person shall not drive a motor vehicle, or cause a motor vehicle to stand, on a public street or in a public place if the vehicle is fitted with or is carrying a radar detecting device or a radar jamming device.
Victoria
(Road Safety Act 1986) 74. (1) A person must not own, sell, use or possess a device the sole or principal purpose of which is to prevent the effective use of a prescribed speed measuring device or to detect when a prescribed speed measuring device is being used.

New South Wales
TRAFFIC ACT 1909 - SECT 4AD
4AD Sale, purchase and use of prohibited speed measuring evasion articles

(1) A person must not sell or offer for sale, or purchase, a prohibited speed measuring evasion article.
Maximum penalty: 20 penalty units.

(2) A person must not drive a motor vehicle, or cause a motor vehicle or trailer to stand, on a road or road related area if a prohibited speed measuring evasion article is fitted or applied to, or carried in, the vehicle.
Maximum penalty: 20 penalty units.

(3) The owner of a motor vehicle or trailer which is driven or stands on a road or road related area in contravention of subsection (2) is guilty of an offence.
Maximum penalty: 20 penalty units.

(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the article concerned was not designed as a prohibited speed measuring evasion article but was designed for another purpose.

(5) It is a defence to a prosecution for an offence under subsection (2) or (3) if the defendant satisfies the court that, at the time of the alleged offence:

(a) the vehicle was in the course of a journey to a place appointed by a member of the police force, an officer of the Authority or a court, in order to surrender the article, or

(b) the vehicle was the subject of a notice, issued in accordance with the regulations, requiring the owner of the vehicle to remove the article from the vehicle within a specified time and that time had not expired, or (c) the defendant did not know, and in the circumstances could not reasonably be expected to have known, that the article concerned was fitted or applied to, or was being carried in, the vehicle

TRAFFIC ACT 1909 - SECT 4AE

4AE Surrender and forfeiture of prohibited speed measuring evasion articles

(1) A police officer who reasonably believes that:

(a) a prohibited speed measuring evasion article is being sold or offered for sale in contravention of section
4AD (1), or

(b) a motor vehicle or trailer is standing or being driven in contravention of section 4AD (2) because of an article fitted or applied to, or carried in, the vehicle, may require a person in possession of the article to surrender it immediately to the police officer or, in the case of an article fitted or applied to a motor vehicle or trailer and not immediately removable, may by notice in writing served on the owner of the vehicle require the owner to surrender the article within a specified time and in a specified manner to the Commissioner of Police.

(2) An officer of the Authority who is authorised in writing by the Authority for the purposes of this section and who finds a prohibited speed measuring evasion article fitted or applied to, or carried in, a motor vehicle or trailer may, by notice in writing served on the owner of the vehicle, require the owner to do either or both of the following:

(a) remove the article (if it is fitted to the vehicle),

(b) surrender the article within a specified time and in a specified manner to the Commissioner of Police.

(3) A person must comply with a requirement under subsection (1) or (2), whether or not he or she is the owner of the article concerned.
Maximum penalty: 20 penalty units.

(4) A court which finds an offence under section 4AD or under subsection (3) to have been proven against any person may order that the article concerned, if not already surrendered pursuant to a requirement under this section, be delivered to the Commissioner of Police within a time and in a manner specified by the court.

(5) An article surrendered as required under this section is thereby forfeited to the Crown and may be destroyed or otherwise disposed of at the direction of the Commissioner of Police.

(6) No liability attaches to any person on account of the surrender by the person, in pursuance of a requirement under this section, of a prohibited speed measuring evasion article of which that person is not the absolute owner.

from http://www.radars.com.au/radar-detector-laws.php

[Graham]

Cheers, DJBOOBY.

I keep up to date with radars.com and their products always seem so tempting!

I want their video drive recorder, that'd be so handy. I cant afford the $1k pricetag though