Tuesday, Jan 20, 2015 at 01:23
The RACV story about the GCR being a "private road" sounds like a regular cop-out to avoid their responsibilities, to me.
However, it does raise a plethora of interesting questions about the precise status of roads through Aboriginal Lands, though.
FYI, the road from Uluru to the W.A. border is called the Tjukaruru Rd and it traverses Aboriginal Lands controlled by the NT Central Land Council, who issue travel permits for it.
The GCR traverses Aboriginal Land (specifically Aboriginal Reserve Numbers 17614, 25050, and 25051) and permits to travel the GCR are issued by the W.A. Aboriginal Affairs Dept.
The CLC website FAQ answers a lot of the questions as to why travel permits are required.
CLC - FAQ's - Travel Permits
Aboriginal Lands are freehold land held by the recognised Aboriginal claimants under the Native Title Act 1993. This land cannot be sold or transferred to others.
The laws associated with roads are covered in W.A. by the Crown Land Practice Manual - and specifically, Chapter 5.
A "private road" is recognised under W.A. laws, but is given no special or exclusive or restrictive rights, as compared to "declared" or "gazetted" roads.
In W.A., all public roads have a defined "road reserve", which can vary between the original 1 chain measurement (20M) to 10 chains (220M).
Very old road
reserves are 1 chain wide, roads from about the early 1900's are 2 chains wide (40M), and some roads in relatively recently-developed areas, such as the SE Wheatbelt of W.A. are sometimes 10 chains wide (220M).
The
Great Central Road would almost certainly have a defined road reserve, put in place long before Native Title was recognised.
The GCR has had unfettered public access for a period of more than 10 yrs, which classes it as a "thoroughfare" (publically-accessible road) under Common Law.
The Native Title Act has little effect of roads, as the over-riding Act in W.A., related to roads, is the Main Roads Act, 1930.
The fact that the owner of a private road that is accessible to the public (even though the freehold owner issues permits for the use of that road), does not affect the fact that the GCR is a public road under Common Law - and the RACV has very weak grounds in refusing to service vehicles using that road.
W.A. Crown Lands Practice Manual
Cheers, Ron.
AnswerID:
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Follow Up By: Muzza10 - Tuesday, Jan 20, 2015 at 01:51
Tuesday, Jan 20, 2015 at 01:51
Thanks Ron very comprehensive.
I am waiting on a reply from RACV re a number of questions I put to them.
Stay tuned
Thanks for all your input
Cheers
Graeme
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Follow Up By: Jackolux - Tuesday, Jan 20, 2015 at 11:52
Tuesday, Jan 20, 2015 at 11:52
Yep I will be staying tuned .
I have used TC a couple of times over the years and found it to be very good but I was not towing anything .
We now have a Tvan camper trailer and will be about 10.2 long I think , would like to think we are still covered
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831874
Follow Up By: Idler Chris - Vic - Tuesday, Jan 20, 2015 at 14:31
Tuesday, Jan 20, 2015 at 14:31
If you look at RACV's terms and conditions
https://www.racv.com.au/wps/wcm/connect/39a3b332-f9fe-41c9-ab8a-d1172b7164aa/emergency%2Broadside%2Bassistance%2Bterms%2Band%2Bconditions11%2B14.pdf?MOD=AJPERES&CACHEID=39a3b332-f9fe-41c9-ab8a-d1172b7164aa
on page 12 it states that service will be provided on private property or any public highway provided they are trafficable to normal two wheel drive vehicles. It excludes roads which do not allow oncoming traffic to safely pass. So even if the GCR was a private road it still would not be excluded as it is trafficable by 2 wheel drives and it does allow for oncoming traffic. I would imagine the situation would be different if there had been rain and in such circumstances to get TC you would have to sit it out until the road dried out before you ring TC.
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Follow Up By: Muzza10 - Tuesday, Jan 20, 2015 at 14:52
Tuesday, Jan 20, 2015 at 14:52
Thanks Chris
You are correct as the terms and conditions say. However my colleague has written advice from AANT (Northern Terr equiv of RACV) that they do not provide service there.
I have sent an email to RACV asking them to confirm (or deny!!)and also to clarify their position of caravan lengths etc.. Bear in mind the "Tow Pack" was released in January this year so only a few weeks old
When I get a reply I will post it here.
Very confusing!!!
I have just realised we are in the same club silly me.
Cheers
Graeme
FollowupID:
831892
Follow Up By: Idler Chris - Vic - Tuesday, Jan 20, 2015 at 16:24
Tuesday, Jan 20, 2015 at 16:24
Hi Graeme,
It is good to record all this info here so that all can benefit. As you are probably aware Harry is also looking into this matter and I have sent him a link to this page.
Is it possible to post the written advice that has been received from the AANT? It would be interesting to see on what basis they are refusing service.
Regardless of what AANT say our agreement is with the RACV and as I understand it, it is their responsibility to arrange service with or without the AANT. Or at the very least that if we arrange a rescue that the RACV would reimburse us up to the stated limit which $15,000 for a TC member.
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