NSW Speeding Fines from Non-traffic Cops?

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Ozwarlock67

Well-Known Member
16 April 2015
163
19
459
The whole thing sounds very dubious. They should have identified themselves as police officers and you should have sighted a warrant card.

Should you have had any doubts, you only need to say that you are not comfortable with their presence in a remote area and can you follow them to the next town that has a police station? Also ask what they used to ascertain their speed. Did they just guess?

Do not give your licence to someone who has not clearly identified themselves as a police officer!! Now they know your name and address.

Wait and see if you even get a ticket...and then see how it is worded before you decide to challenge it.
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
The whole thing sounds very dubious. They should have identified themselves as police officers and you should have sighted a warrant card
Should you have had any doubts, you only need to say that you are not comfortable with their presence in a remote area and can you follow them to the next town that has a police station? Also ask what they used to ascertain their speed. Did they just guess?

Do not give your licence to someone who has not clearly identified themselves as a police officer!! Now they know your name and address.

Wait and see if you even get a ticket.....and then see how it is worded before you decide to challenge it.

Do NSW cops have to show their badge and ID even when in uniform?

In Queensland if I am in uniform I have to give you my name rank and station <b>once</b> and only when exercising a Police power. I give it when I introduce myself and legally that's the only time I must give it. People can demand anything they want (such as my registration number or badge) but I don't have to give it and the person can be charged for failing to comply with a direction.

Being able to ignore lights and sirens and proceed to a station requires a bit more than you having doubts - they have to be doubts that a reasonable person would have. Officers in a car with lights and sirens in uniform... what you are describing is an evade.
 

Scruff

Well-Known Member
25 July 2018
892
132
2,389
NSW
Apologies for the bump, but this "do Police have to identify themselves" question comes up a lot.

For future reference for NSW, Bill once again pretty much hit the nail on the head - even though he's from another state.

The relative law for NSW is the "Law Enforcement (Powers and Responsibilities) Act 2002". The relevant part is "Part 15 Safeguards relating to powers", sections 201, 202 and 204A. In short, NSW Police are required to identify themselves when exercising certain powers, and that includes when stopping a motor vehicle.

The following is a summary of the relevant bits when it comes to traffic stops:

NSW Law Enforcement (Powers and Responsibilities) Act 2002

Part 15 Safeguards relating to powers

s201(1)(b): "a power to stop or search a vehicle, vessel or aircraft" is a power applicable to Part 15.

s202(1)(a): When Officers are not in uniform, they are required to "provide evidence" that they are a Police Officer (i.e. physically show their official ID).

s202(1)(b): When Officers are in uniform, they are only required to provide their name and place of duty (usually rank, surname and station).

s202(1)(c): Officers must provide the reason for exercising the power (i.e. the reason for stopping the vehicle).

s202(4): If two or more Officers are exercising the power, only one of them is required to identify themselves.

s202(5): If a person who is subject to the exercise of a power asks the Officer for their name and place of duty, the Officer must provide that information. (Remembering that this only applies to the powers listed in s201(1) and only to one Officer if more than one are present.)​

So for the other question that is commonly asked: "can I get out of this/that if the Police don't identify themselves", the simple answer is "it depends".

s204A(1): If an Officer fails to comply with Part 15, it "does not render the exercise of the power unlawful or otherwise affect the validity of anything resulting from the exercise of that power."​

Unless...

s204A(2): "Subsection (1) does not apply if the failure to comply occurs after the police officer was asked for information as to the name of the police officer or his or her place of duty (as referred to in section 202 (5))."​

And...

s204A(3): "Subsection (1) does not apply to the exercise of a power that consists of a direction, requirement or request to a single person."​

To sum it all up for traffic stops, at least one Officer MUST identify themselves, and the exercise of powers can only be unlawful if you explicitly ask for the name and place of duty where the Officer has not previously provided it, and the Officer does not comply.

In the case of a "direction, requirement or request to a single person" (this does not include a traffic stop, which is listed separately in s201), failure to comply with Part 15 does not render the exercise of the power unlawful. An example of this would be if you are loitering or acting suspiciously and an Officer gives you a direction to "move on".

Hope that answers a question that I've seen constantly repeated on several different forums.
 

Ozwarlock67

Well-Known Member
16 April 2015
163
19
459
A lone female travelling on a deserted road is set upon by two guys purporting to be cops......hell, I would have locked the doors and called Triple 0.

Perhaps she could advise us if she has yet had a ticket issued.
 

WAbloke

Active Member
14 October 2018
13
0
31
Hi,

As per the title, I think I have a fine coming my way from a non-traffic policeman.

I was driving on a deserted country road, miles from anywhere and I was sitting on around 10-20km/h over the speed limit.

While I know I was speeding - I was remaining very safe, and there was no other traffic.

I came up behind an Hyundai SUV, and after waiting for a safe overtaking section, I sped up and overtook, reaching a maximum of 140km/h so as to safely complete the overtake and then slow back down to my cruising speed.

However in the process of slowing down, the Hyundai put up some red and blues and pulled me over.

Two cops jumped out in basic cop shirt and pants without any attachments - I believe they were coming from a remote gaol, and the guy came up to my window swearing his head off at me asking what I was doing.

They took my drivers licence and came back saying they were going to send me a fine for 20km/h over.

While this is not a big deal, and it was my stupid fault for over taking anyway, I just wanted to know if they were actually allowed to do this? I'm 100% certain they weren't traffic police, and definitely didn't have any radar or even a dash cam.

If I do get speeding fines from them, is it worth debating on the basis of no evidence?

I'd be glad of any thoughts as my licence is very important to me.
 

WAbloke

Active Member
14 October 2018
13
0
31
Hi,

As per the title, I think I have a fine coming my way from a non-traffic policeman.

I was driving on a deserted country road, miles from anywhere and I was sitting on around 10-20km/h over the speed limit.

While I know I was speeding - I was remaining very safe, and there was no other traffic.

I came up behind an Hyundai SUV, and after waiting for a safe overtaking section, I sped up and overtook, reaching a maximum of 140km/h so as to safely complete the overtake and then slow back down to my cruising speed.

However in the process of slowing down, the Hyundai put up some red and blues and pulled me over.

Two cops jumped out in basic cop shirt and pants without any attachments - I believe they were coming from a remote gaol, and the guy came up to my window swearing his head off at me asking what I was doing.

They took my drivers licence and came back saying they were going to send me a fine for 20km/h over.

While this is not a big deal, and it was my stupid fault for over taking anyway, I just wanted to know if they were actually allowed to do this? I'm 100% certain they weren't traffic police, and definitely didn't have any radar or even a dash cam.

If I do get speeding fines from them, is it worth debating on the basis of no evidence?

I'd be glad of any thoughts as my licence is very important to me.

If the police were not in FULL uniform you have a case because they were not dressed as required. Recently I attended court as an observer and the prosecuting cop called another cop to the witness stand and one of the first few questions was "were you in full uniform."