Wheel Clamping. A sheriff does have the right to immobilise your vehicle under the infringements act however, they may only clamp for infringement warrants. Infringement Warrants are you typical citylink , speeding fines, etc which are issued from the infringements court, Sheriffs may only apply a wheel clamp under these guidelines. Fines (total) that are under $500 - Cannot be clamped Fines $500-$1500 may be clamped but the sheriff must make contact during their 8 hour shift, this includes via phone but must be direct with you. If not the clamp must be removed. Fines $1500 + A clamp may be applied and left on until such time as the sheriff may see fit, usually its around 3-7 days before a detainment will take place , thats means your vehicle is towed to fowles auctions and is held there until you pay your fines, or get on a payment plan. Note you will have to pay towing and storage. A sheriff also has the right to just serve you a 7 day notice which states you have 7 days to pay or you maye be set a court date or they may issue a Notice to Suspend your licence , which states you have 7 days also to pay your fines or apply for a payment plan or your vehicle registration/ license will be suspended. ****NOTE this usually only lasts 3 months max*** Vic roads will cancel the suspension after then and you will go back to having a normal licence. Removal of a wheel clamp, Pay fines in full, apply for a payment plan (plan must be approved by infringement court before clamp will be released), apply for revocation ( have the matter heard in court must have a good reason once car is clamped). or just simply cut it off. To this day there has not been one successful prosecution in the removal of a wheel clamp without authorisation . Unless you admit to doing it, or someone seen you remove it , you will get away with it. If you have a disabled sticker/sign in your vehicle, it wont/ cannot be clamped. Your vehicle will not be clamped for magistrate court warrants only infringement warrants thats the only power the sheriff has to immobilise your vehicle under the infringements act 2006. The sheriffs are now using ANPR - Auto Number Plate recognition to detect warrants against the vehicles registration. The police also use this also. So when you see a van with a hazard symbol set up with witches hats thats the camera scanning your registration, if you have any outstanding warrants/ interlocks/ unregistered vehicle/ stolen vehicle the man in the van will call it out over the radio to the police traffic officer who will pull your vehicle in usually about 500m-1km past the van. Most of the side streets will have police members in them ready for people who avoid the member after the van. So once you see the van - its usually too late however be sure that the police will pick your vehicle out of 1000 driving past to pull in, its not by chance its because they are waiting for you to drive around the corner from the camera picture. Sheriffs will only give you a court date when * you have been served a 7 day notice and 7 days has elapsed, you will be arrested and bailed to a court date usually 8 weeks away if you have no seizable assets to cover your fines, this means vehicles valued higher than the bankruptcy act value of $7000 ( there abouts). Hot spots, Jack Roper Reserve Broadmeadows Camp Road Highpoint Shopping Centre Sydney Road - Brunswick - Night Operations Flemington Road Bridge Broadmeadows Shopping Centre Chadstone Shopping Centre Clifton Hill train station Princes Hwy Dandenong
Posted on: Tue, 20 Aug 2013 10:40:09 +0000
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