RBT

Submitted: Saturday, Apr 16, 2011 at 20:14
ThreadID: 85666 Views:3572 Replies:7 FollowUps:28
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This afternoon my son was stopped on the WARREN BEACH for a RBT.
So if you are thinking of going down to YEAGARUP, WARREN or MALIMUP BEACHES over the EASTER break and want to have a drink and a drive up the beach like a lot of us do, THINK AGAIN. Did here of a chap being booked for speed on the beach years ago and he was told the speed limit on the beaches was 30kms/ph.
Have a good Easter
Rob
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Reply By: Ianw - Saturday, Apr 16, 2011 at 20:20

Saturday, Apr 16, 2011 at 20:20
You got to be careful !! And Aware of the rools!! You can get done for DUI on private property. Now thats not fair !!
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Follow Up By: Member - Josh- Saturday, Apr 16, 2011 at 21:01

Saturday, Apr 16, 2011 at 21:01
You can also get done for talking on the phone while on private property. The rules apply to being in control of a vehicle not driving on the roads. I had this explained to me by a female cop 2 weeks.

Josh
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Follow Up By: Shaker - Saturday, Apr 16, 2011 at 21:12

Saturday, Apr 16, 2011 at 21:12
It is just as easy to kill yourself on private property, or worse still, an innocent bystander!
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Follow Up By: Member - Joe n Mel n kids (FNQ - Saturday, Apr 16, 2011 at 21:44

Saturday, Apr 16, 2011 at 21:44
so does that mean even if you pull over and leave the motor running and talk on the phone you can get done ????
If you have as much as the keys in the ignition and seat belt on you are deemed to be in "control" so i have been told (in the drivers seat)
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Follow Up By: snoopyone - Saturday, Apr 16, 2011 at 21:49

Saturday, Apr 16, 2011 at 21:49
Apparently so If the handbrake is not on and the keys removed from ignition you can be done.
Best do that or get out of car. Tough on a rainy day.

Yes they can pursue you into your own house if they catch you DUI.

Im not sure about a drunk farmer in a paddock on an unregistered tractor however.

Beaches such as Fraser and others are gazetted roads and ALL the rules apply.

Common sense, that rare commodity, should also apply.
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Follow Up By: Member - Josh- Saturday, Apr 16, 2011 at 22:00

Saturday, Apr 16, 2011 at 22:00
There was a guy in Warragul who got done for DUI. Been drinking at the pub. Too many to drive drive so decided to sleep it off in the carpark. Got a tap on the window, "please blow in here sir". His keys were in the igition so he got done over the limit.

Josh
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Follow Up By: anglepole - Sunday, Apr 17, 2011 at 09:22

Sunday, Apr 17, 2011 at 09:22
Here in SA the use of a mobile phone on private property is listed in the legislation.

It is illegal to use a mobile phone in a shopping centre car parks, service station forecourts and so on.

As far as being 'parked" you have to stationary hand brake on and transmission in park. The motor can be running.

As a volunteer driver we have to attend sessions with Police training section from time to time. They told us in the last session I attended, that they often have to re educate their own police on this subject.
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Follow Up By: get outmore - Sunday, Apr 17, 2011 at 09:50

Sunday, Apr 17, 2011 at 09:50
theres private property and private property

things like car parks and service stations are public access areas
- your driveway MAY be considered simulary I dunno

but all road rules and penaltiies apply to these sort of private property
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Follow Up By: Mike DiD - Sunday, Apr 17, 2011 at 14:27

Sunday, Apr 17, 2011 at 14:27
The Road Rules apply to public roads and road-like places e.g. carparks.

They do NOT apply to private property - you do not need to be registered or licenced to drive on private property.

Crown Land is NOT private property, so unregistered trailbikes will get nabbed.
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Follow Up By: Motherhen - Sunday, Apr 17, 2011 at 15:21

Sunday, Apr 17, 2011 at 15:21
Good clarification Mike DiD. Getting away from the original topic, while you do not have to be licenced to drive on your own or your employer's private property - have an accident and your insurance company may take a different view.

Mh
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Follow Up By: Tim - Sunday, Apr 17, 2011 at 15:46

Sunday, Apr 17, 2011 at 15:46
The words I think people are reffering to are "Road" or "Road related area".
A road is anything open to or used by the public for the passage of motor vehicles upon payment of fees or otherwise. (eg carparks/tollways)
Road related area is basically the area surrounding the road but not including the road.
So it could be argued that a driveway is a road unless you have a locked gate. In a secure fenced yard, you can drink drive unlicensed with an ureg car and no offence (other then stupidity has been committed).
This is legislaion in NSW.
If, you drive down the street and pull into your driveway or garage, its a differant story because you were on the road and you can still be done for any offence detetced.
Tim
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Reply By: snoopyone - Saturday, Apr 16, 2011 at 20:28

Saturday, Apr 16, 2011 at 20:28
Dont drink and drive anywhere then you wont have to worry.

Its quite simple really.

You can have a good time without alcohol.


AnswerID: 451445

Follow Up By: Member - Joe n Mel n kids (FNQ - Saturday, Apr 16, 2011 at 21:40

Saturday, Apr 16, 2011 at 21:40
i did hear that ....... also without camping, fishing, boating, 4x4ing but that was a long time ago .... and they all lived happily ever after ... LOL
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Follow Up By: 944runner - Saturday, Apr 16, 2011 at 21:48

Saturday, Apr 16, 2011 at 21:48
I have to agree with you there, any time I hear people warning about RBT's I just shake my head, the more idiots that are off the roads because they get caught drinking and driving the better. Wether that be on the beach or on the road nothing good comes of drinking and driving.
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Follow Up By: snoopyone - Saturday, Apr 16, 2011 at 21:53

Saturday, Apr 16, 2011 at 21:53
Thanks for the support I expected to get called a wowser.

As a professional passenger driver for over 10 years I have had to always have a Zero reading so just got used to it.

Cant say I missed any good times because of it and always only had 1 light beer with dinner.
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Follow Up By: landseka - Sunday, Apr 17, 2011 at 09:17

Sunday, Apr 17, 2011 at 09:17
snoopyone posted:

"As a professional passenger driver for over 10 years I have had to always have a Zero reading so just got used to it. "

My wife has been a professional passenger driver for years! lol
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Follow Up By: Gronk - Sunday, Apr 17, 2011 at 10:35

Sunday, Apr 17, 2011 at 10:35
I never drink and drive, but can't work out how to have a good time without drinking ?????????
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Follow Up By: Jon W - Wednesday, Apr 20, 2011 at 20:01

Wednesday, Apr 20, 2011 at 20:01
I think there is a difference between drink driving and having a drink or 2 while fishing on the beach, packing up and heading back to camp, which is a few km's up the beach.
If i was to get done like that i'd be rather annoyed.
But yes there is a limit and i understand that its there for a reason and they cant tailor it for everybody.
If ur over, ur over no matter how far uv got to go or how many uv had.
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Follow Up By: snoopyone - Wednesday, Apr 20, 2011 at 20:06

Wednesday, Apr 20, 2011 at 20:06
There is no difference You have been drinking then you are driving.

Beaches can be as dangerous as roads with kids etc running around.

Why do people always try to think of a reason to justify doing it.

You should have watched RBT last night with the lame reasons.

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Follow Up By: 944runner - Wednesday, Apr 20, 2011 at 20:29

Wednesday, Apr 20, 2011 at 20:29
Can't agree more snoopy.

How anyone can say they'd be annoyed, how would you feel if you were over the limit and driving home down the beach from fishing and a little kid playing chasey in the dark ran on the beach and you hit him because your reflexes are impared by drink.

People who think this behaviour is OK really annoy me and those are the ones we don't want behind the wheel!!!
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Reply By: Motherhen - Saturday, Apr 16, 2011 at 22:29

Saturday, Apr 16, 2011 at 22:29
That is astonishing. Some years ago when one of my boys as a teenager was on Warren or Yeagerup (forget which), one of the group had been drinking quite a bit and ran into son's stationery vehicle doing a lot of damage to it. The lad was taken to hospital and no alcohol tests done - police didn't want to know about it as it was not on the road.

Motherhen
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Follow Up By: natt - Saturday, Apr 16, 2011 at 23:41

Saturday, Apr 16, 2011 at 23:41
Its now a National Park so rules on the road apply down there too now. They have signs down there saying all cars and their divers must be licenced.
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Follow Up By: Mike DiD - Sunday, Apr 17, 2011 at 14:29

Sunday, Apr 17, 2011 at 14:29
That's right - if they don't want to do the paperwork - they'll apply their own interpretation of the situation.
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Follow Up By: snoopyone - Sunday, Apr 17, 2011 at 15:06

Sunday, Apr 17, 2011 at 15:06
Recently it was on a TV program where a woman had had an accident and was followed home. The cops were called and went in and got her.

She was charged with several offences even though she was in her own house so how does anyone make out you cant get done on private property.

Was a woman driving a scruffy Mitsubishi if anyone remembers it.

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Follow Up By: Motherhen - Sunday, Apr 17, 2011 at 15:16

Sunday, Apr 17, 2011 at 15:16
Hi Mike Did - Yes, i have had to exert pressure on Police to accept accident reports when it did not occur on the roads, and including one which occurred in a Council car park. When report is submitted well after the event, alcohol factor can not be checked. Sometimes it is not worth the grief of trying to get an assessment of a road accident to fight for your rights when it has occurred at a time and place Police are unwilling to attend (yes, it may be impracticable). It is still wise to get the report submitted even if they don't want to know about you.

Hi snoopyone - this is different if the accident occurred on public property or road. Running home to avoid an alcohol test should not be tolerated. Same story as anyone committing an offence can be found and charged after the event.

Mh
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Reply By: OREJAP - Saturday, Apr 16, 2011 at 22:31

Saturday, Apr 16, 2011 at 22:31
In Victoria the offence of exceed .05 Blood Alcohol Content can occur ANYWHERE. There is no mention in the Road Safety Act about Highway being applicable to the offence. So you can be charged moving a vehicle whilst over the limit on your own property or as I mentioned ANYWHERE
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Reply By: Rockape - Sunday, Apr 17, 2011 at 06:45

Sunday, Apr 17, 2011 at 06:45
Natt,
good post, it may get some thinking about the fact they can be booked anywhere in charge of a motor vehicle. Will add driving tired and using a phone have the same effects as grog.

So all have a safe Easter and enjoy your cool drinks in the shade.
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Reply By: get outmore - Sunday, Apr 17, 2011 at 08:24

Sunday, Apr 17, 2011 at 08:24
thanks for that

I realise I might not be hlier than thou like alot of respondants

but ill admit I dont mind a can in the hand while fishing for salmon

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Follow Up By: Member - MUZBRY(Vic) - Sunday, Apr 17, 2011 at 09:03

Sunday, Apr 17, 2011 at 09:03
What,drinking in charge of a fishing rod......



Muzbry
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Follow Up By: snoopyone - Sunday, Apr 17, 2011 at 09:59

Sunday, Apr 17, 2011 at 09:59
No harm in having a drink while fishing as long as you dont drive home.

No one is being holier than thou, just some are being sensible.


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Follow Up By: get outmore - Sunday, Apr 17, 2011 at 12:02

Sunday, Apr 17, 2011 at 12:02
who says anything about driving home,

i talking about putting up the beach a bit further looking for a better hole or getting back behind the dunes to camp

pretty sure im not the only one to give it a nudge down the beach while fishing
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Follow Up By: Jon W - Thursday, May 05, 2011 at 18:56

Thursday, May 05, 2011 at 18:56
I totally agree with u get outmore.
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Reply By: Ianw - Monday, Apr 18, 2011 at 20:14

Monday, Apr 18, 2011 at 20:14
If in Victoria, this little website of a specialist lawyer lets you know what you can do and what you cant. Worth keeping a printout of this in your car. A lot of things reported in this thread are obviously wrong and could be disputed in court. I like the part about answering the questions from cops. All their questions are designed to allow you to dob yourself in, so saving them the trouble of proving it !!

The REAL rules

Ian
AnswerID: 451711

Follow Up By: Rob R - Wednesday, Apr 20, 2011 at 09:35

Wednesday, Apr 20, 2011 at 09:35
I am a Police Officer involved in the random breath tests on the beach. I am pleased to see that many people have taken an approach that condemns drink driving in all its facets, a fact for the weekend was that nearly half of those people tested gave readings, however, all were under the legal limit. In Western Australia a person can be charged for drink or drug driving, careless, dangerous or reckless driving, offences related to traffic crashes and not providing details to Police on roads AND in places open to and used by the public (whether on payment of a fee or otherwise). As we all know, and I am a four wheel driver/fisherman myself, many families travel to beaches and the last thing we want to see occur is someone driving intoxicated or dangerously kill themselves or another person’s family member(s). Easter is a very busy time in the south west and if everyone obeys the law and shows courtesy and respect to each other then we should see a fatality or serious injury free Easter/ANZAC break. Take care and enjoy the bush.
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Follow Up By: Member - Captain (WA) - Wednesday, Apr 20, 2011 at 10:27

Wednesday, Apr 20, 2011 at 10:27
I gotta agree Rob. I travel on these beaches and don't want someone who is afraid they would fail a breathtest coming towards me on a narrow section of soft beach trying to pass within inches. Now I too enjoy a drink or two, I just don't mix it with driving.

Reminds me of the bit on RBT I saw on TV last night where an old guy reckons they should have a different alcohol level as "they are experienced and can handle a drink - not like a 20 yr old". Didn't think these attitudes still existed :(

Cheers

Captain
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