*PLEASE READ* Just a follow up to my post regarding the impounding of that truck at Rockbank in Victoria on Saturday. I’m posting this here instead of on that link so that everyone can read this. This can have serious ramifications for any operator carrying more than one passenger, including children. And please remember, I’m just the messenger – I didn’t make the laws. I contacted Victoria Police and had to go through several departments to get an answer, but a Senior Sergeant sent me this reply - “The Road Safety Act 1986 contains all relevant legislation pertaining to Hoon legislation and the offence can be found at Section 84F(1). The definitions of relevant offence includes a vehicle being used in circumstances where the number of passengers in the motor vehicle exceeds the number of seats available to them in the motor vehicle. There has been a great deal of media reporting around this legislation since its inception. Typically prime movers are only manufactured with two seats and seat belts for those seats. Carrying in excess of 2 persons in the vehicle means they are obviously not in a position where they are in a seat or can wear a seat belt and are therefore unrestrained and in the case of collisions likely to be ejected from the prime mover. I do not believe someone could justify unrestrained children being conveyed on a line haul journey in the sleeper berth of a heavy vehicle and the HVU (Heavy Vehicle Unit) have been to several collisions in the last 18 months where heavy vehicles have been involved where unrestrained children were being taken by their families in the prime mover which resulted in death or injury.” Here is the link to The Road Safety Act 1986 for you all - legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt3.nsf/DDE300B846EED9C7CA257616000A3571/4FBD7416245B23A4CA257761002C2446/$FILE/86-127a113.pdf For those who may have difficulty loading that link, Section 84F(1) says – 84F Powers of Victoria Police (1) If a member of the police force believes on reasonable grounds that a motor vehicle is being, or has been used in the commission of a relevant offence, he or she may— (a) seize the motor vehicle or require it to be surrendered; and (b) impound or immobilise the motor vehicle for the designated period; and (c) authorise any person under section 84J to assist in seizing, impounding or immobilising the motor vehicle. So, in a nutshell, if you have more people than seat belts in your truck whilst travelling, be prepared to have your truck impounded.
Posted on: Mon, 24 Nov 2014 02:12:01 +0000
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