bush lawyer needed

[camdyson]

Dennis Denuto perhaps???

"It's the vibe, your honour......"

[austastar]

Hi,
  I believe the Caravan and Motor-homes Association have a set of forms that they produce in such an occasion and ask the officer for his name, official position, the regulation that they are enforcing, what is it that is being done to contravene the regulation etc.
Also on the forms are a series of dictionary definitions of 'camping' none of which can be attributed to vehicle based accommodation.

A not uncommon response is that the 'official' will back down with the request that they be gone in the morning, which is often a win win situation.

cheers

[briann532]

Certainly officer, but would you be so kind as to help us move the vehicle and then return to get your own.
You see I was having some heart tremors and thus took the medication. I'm a bit concerned about driving at the moment and don't want my blood pressure to rise.
Here, take some details from me so if the need arises you can call an ambulance for me, then if you wouldn't mind I'll show you how to start it and you can get us moving along........
By the way, it is great you came along, normally officers are less than willing to help people like myself in a predicament.
How nice to find someone so helpful and friendly. Are you a local?

By now they just want to get the hell out of there............

I've found in most of this type of situation it depends on how you handle the person and react to them.
Try being friendly first, then ask for help. Most of the time they don't want to so they'll say something all high and mighty to regain their power and move on. Let them have their win. They probably need it!!!!!!
Ultimately if they leave you alone, you win.

if that doesn't work (and it doesn't always cos some people are just plain stupid!) then I agree
Punch the moron......

Cheers
Brian

[jetcrew]

Be nice at first and then if he still wants to book you.

and it's a male officer which most of them are ,and you are with your wife /GF . You say very loudly so others can here you if they are around ..HMMM EXCUSE ME OFFICER I TAKE GREAT OFFENCE TO YOUR COMMENT ABOUT MY WIFES BREASTS.

I'd like your name and number so i can file a complaint about your lewd comments regarding my wife.At this point the officer walks away. No ticket for you. and 2 persons word plus the bystanders who herd the rebuttle and the distressed look on your wifes face will always beat the honest ranger. The law in this country sucks ..on both sides.

Jetcrew

[TroyE]

I'm still with darren punch in the head, and claim you were under the influence of some stupefying drug, then let the "LAWERS" go for it

[billyo]

It would have to depend on the attitudes involved.
If you a reasonable, you would like to think that a compromise could be sought.

However if said authority is adamant, and it is you that has breached the act, then you'll probably lose the argument.

"But officer, I've just had some wine and some pain killers"

"That's OK sir, I'll just organise a taxi and a tow truck at your expense, so we can remove this safety hazard."

[barneys]

i do not think its the safety   thing in the positioning of the vehicle  but he is camping where he may not be allowed but no signage to the fact

[DANBRI]

The officer would need to demonstrate what is reasonably practicable, contrary to the signage as to his reason, given the circumstance, to move you on.

[Sharpy]

All very sad. Way to many RULES! Recent winter camp in South coast NSW. Rule 1 = no fires. Middle of winter very wet and raining, had own self contained fireplace and even brought own firewood, did not matter no fire or $500 fine. Bugger cooked dinner on gas stove. Next day lying in hammock drinking coffee and generally relaxing  2 girly rangers (note fun busters from the night before) said what are you doing. Reply = relaxing. Please pull down your hammock  it may damage the tree if you leave it behind.  It's my hammock I will not leave it behind. Answer  $500 fine if you do not remove it now. Is it really this bad when only one camp in site made for fifty?? Two camper =$20 fee 2 fl time rangers at $25 per hour = $1200 in wages no wonder The fun busters wanted to fin me or anything.

Suggestion Cops/rangers  have all the power they fine you  you go to court and loose = pay fine or you go to court and win  pay lawyer  :'( both situations you loose.

[dazzler]

i do not think its the safety   thing in the positioning of the vehicle  but he is camping where he may not be allowed but no signage to the fact

Hi Barney. From a legal perspective you would need to know what the act or bylaw says to know. If the act says you can't unless a sign says you can then the offense is committed.

Often the bylaw will say something like "without the written approval of the general manager". The written approval is covered by a sign.

Cheers.

[copacamper]

Be very careful of the signs councils put up. A GM at a very large Central Coast Council informed me, that unless the sign has a Bylaw on it with the amount of fine (or units) then the sign carries no weight. For example if it finishes with By Order General Manager or By Order XXXX Council, then no officer, whether Council, or Police, can enforce it, as all "infringements" must be related back to a Law.

And one very important thing to remember is, Councils cannot make laws, only parliaments can

[GLC]

Interesting reading all the comments:)  Perhaps two points can be made, first if the instruction was to move on then it cannot be made by an Authorised Officer, unless you are parked in a disabled parking pay, in which case failure to move on will result in a second fine.

However to the original question and purpose there of.  There are three exemptions under law in relation to receiving a Parking Infringement Notice that has been issued.  Medical, Financial or an omission under law.  The scenario allowed for the self administration of a substance that affected the persons ability to safely drive the vehicle, the officer if he issued the PIN would risk the PIN being revoked.  All you would need to show is the reason for the self administration of the drug at that place and a letter from a doctor showing the effects of that substance.

The situation with the alcohol and the parking/sleeping overnight in the car is way too easy unless you set up a canopy or tent or other covering (cars are not set up) (this is from memory and not a direct quote but pretty well covers most situations)  HOWEVER if you parked in a regulated parking area then you would have needed to anticipate your ability to move the vehicle before the signage came into effect (similar to a clear way, where the offence doesn't start to a specified time).

Could continue but if people want a little support on where to locate these laws or what has been stated needs to be clarified then please let me know and I will do my best.