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NSW Can Police Issue Traffic Infringement Notice on Private Property?

Discussion in 'Traffic Law Forum' started by Knightmare, 17 February 2016.

  1. Knightmare

    Knightmare Member

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    I got out of my car at a Gas station and found a cop getting out of an unmarked car accusing me of not wearing my seat belt. Can a cop issue a traffic infringement notice on what is private property after you have stopped and exited the vehicle without being pulled over on the public road under Traffic Law?
     
  2. Rod

    Rod Well-Known Member

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    In Vic, I know they can in limited circumstances, typically when large shopping centres and councils apply for rules to be applied on their land. Not sure in NSW if they have the same rule. I doubt a service station would have applied for rules to be applied to them, but I may be wrong :)

    I suspect the police will counter if rules can't be applied within the land owned by the servo, by saying they saw you drive from the road to the service station without a seat belt.
     
  3. Tim W

    Tim W Lawyer

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    1. Yes.
    2. Servos are "road related areas" for the purposes of traffic law.
     
  4. Rod

    Rod Well-Known Member

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    Hi Tim,

    Just for my info - Do you know off-hand what rule or reg gives the definition that covers servos?

    I checked the NSW road rules 2014 and rule 13 defines road related areas but I didn't see servos covered there.
     
  5. Tim W

    Tim W Lawyer

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    It's well hidden.
    Have look at the full document version of the NSW Road Rules, and keyword search "service station".
    You'll see that adjacent land can be a servo.
    For the purposes of police powers, "road related area" and "adjacent land"
    are effectively synonymous.
     
  6. Tim W

    Tim W Lawyer

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    For clarity - the term "adjacent land" is defined in the Dictionary section of the Road Rules.
     
  7. Rod

    Rod Well-Known Member

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    Hi Tim,

    Interesting. Though wouldn't those sections (26, 30, 74 and 75) referring to adjacent land be only for turning purposes and can't be extended to other road rules?

    I'm still learning how to read legislation and rules and regulations :)

    My current understanding here is that road rules only apply to roads and road related areas (rule 11) unless stated otherwise. The seat belt rules (264-7) make no mention of the location of the vehicle and therefore, rule 11 applies saying only roads and road related areas. No mention of adjacent land in seat belt rules, therefore, seat belt rule cannot be enforced on 'adjacent land'.

    Your thoughts?
     
  8. Knightmare

    Knightmare Member

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    Another interesting point is that the cop has put the street name on the ticket - not the actual location (which of course is the service station). Should I opt for the court option of see if arbitration want to opt out?
     
  9. Tim W

    Tim W Lawyer

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    The street name and suburb are sufficient for the infringement to be valid (along with a date).

    Court-electing is always an option.
     
  10. Knightmare

    Knightmare Member

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    Looks like the only way to get a definitive answer is to elect for the court option. What are the associated costs?
     

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