Comments on: Truckies smashed by bookings and fines spree

By: Warwick

Warwick — Mon, 20 Apr 2009 07:34:01 +0000

Firstly mate I don’t advocate sticking it to cops,I do however believe that every one should be made aware of their rights and that leglisation sets out how Gov servants must administer the law.The main laws that apply to us are the Transport Operations Act and the Police Powers Act,the trouble when you read these acts is that they work together and one act may refer to another as to what may or may not be done eg the TOA has ties with the Dangerous Goods Act.Anyway you ask where this infortmation comes from so here it is: http://www.legislation.qld.gov.au/OQPChome.htm.or http://www.austlii.edu.au/au/legis/qld/consol_act/ Suggested reading is Transport operations Act,Police Powers Act,Criminal Code and for good measure the Police Code of Conduct which they are required to abide by under leglisation (thats why I always tape converstaions with enforcement officers),the Criminal Code also sets out the powers of search and warrant requirements as does theTOA and the Police Powers Act,there are others but that is for the solicitors to work out in court,my experience is that most of the police are working on the Police Powers Act. I hope you can print out some parts of these acts that may help you,what is really require is a solicitor to instruct drivers of there rights.While on the subject I have looked in all the Acts but can’t find where they state you can lose points for log book offences in Qld perhaps some one can help.

By: Ray

Ray — Sun, 19 Apr 2009 23:15:34 +0000

Warwick and John both make valid points here. What do other truckies or authorities think? This issue not only needs addressing, but some resolution should be considered to get rid of the uncertain grey areas that exist.If nothing is done…it will continue to be a problem.

By: john

john — Sun, 19 Apr 2009 13:04:57 +0000

well Warwick thats all good to say and hear all your comments, but in the end who do we believe ? Is your information from a good reliable source. do we have reference to check these comments. Not having a go at you, we just want to stick it to the police to show that we to can bloody well read.
All to often I hear Drivers quoting this and that and that turns out BS aswell. Lets get the legislation from the horses mouth perhaps thats a good idea ! starting a handbook series with the reference (the comments) was sourced from. I’d love to wave that thing in front of those cops and yeh our bosses.
Cheers two-stax john

By: Warwick

Warwick — Sat, 18 Apr 2009 04:34:10 +0000

A change of activity is only to be loged if it is 15 mins or more as per the act (TOA).
GPS units can only be taken or read for evidence with a warrant stating,the name of the person,vehicle rego,reason for search,a warrant will only be issued if there is reasonable cause to believe,a crime has been commited,is being committed or about to be committed,search with out a warrant is allowed but must be authorised by an Inspector of Police,it is also risky if it is just a rumble and the person being searched takes action.
Truck drivers need to know the rules and make the authorities abide by them,there is no such thing as a general search warrant beware of police BS.