Re the earlier discussion on this topic here is the answer:
Yes, there is an offence for unreasonably obstructing traffic, but nothing to do with specific speeds. The speed travelled must be abnormally slow, not just 20km/h slower than the posted speed limit.
The offence is listed under the Road Rules 2008, Rule 125. The current monetary penalty for this offence is $197 (no demerit points). For your reference I have included the Rule below.
Rule 125 Unreasonably obstructing drivers or pedestrians
(1) A driver must not unreasonably obstruct the path of another driver or a pedestrian.
(2) For this rule, a driver does not unreasonably obstruct the path of another driver or a pedestrian only because: (a) the driver is stopped in traffic, or (b) the driver is driving more slowly than other vehicles (unless the driver is driving abnormally slowly in the circumstances).
An example of a driver driving abnormally slowly would be a driver driving at a speed of 20 kilometres per hour on a length of road to which a speed limit of 80 kilometres per hour applies when there is no reason for the driver to drive at that speed on the length of road.
So; if you were to be given a penalty notice for driving 80km/h in a posted 100km/h area, you have the option to have the matter heard in court if you wished. I do not see it unreasonable that a driver would drive from time to time at 80km/h in a posted 100km/h area, however as I am not a magistrate, this would be determined by them if required.
If you require any other advice or wish to discuss this matter further, please do not hesitate to contact Motoring Advice on Ph: 1300 655 443.
So I guess this indicates it's another of those "prima facie" things where you would have to prove your innocence. So feel free to doodle along the Hwy, a stream of frustrated drivers behind you while in true GN form you berate every other driver for trying to get around you....
elliemike said
10:31 AM Sep 14, 2009
Thank you for that clarification, Basil.
Regards Mike
Rolly said
01:54 PM Sep 14, 2009
I refer you to my avatar.
It's my Tug (metaphorically speaking)
Mick themungrel said
05:29 AM Sep 15, 2009
Gday Thanks for finding that out Basil . As I said apart from a freeway in WA there is mo lower limit . As a professional driver I wou;d much rather see someone driving at 80kph towing a van and being relaxed and comfortable than trying to drive at 100kph white knuckled and stressed to to the max . Yes it can be annoying to both myself and other professional drivers to find when you get past 1 van there is another just up the road but such is life .
Jonathan said
06:14 AM Sep 15, 2009
Howdy Bas ..
It seems a good dose of road-courtesy and commonsense still apply. Maybe one day, there will be greater clarity and country-wide uniformity to rules and regulations that will make life a little easier for all ..
Jon
ibbo said
08:01 AM Sep 15, 2009
Thanks from me as well Basil.Mick talking of caravans travelling at 80 kph in a 100kph zone ,we have just come back from Coffs harbour after attending a funeral.I stopped for fuel at Clybucca near Kempsey and on waiting to join the Hwy again heading South,a break in the traffic and away I went.or so I thought.Road works ahead of me a couple of semis and then a bloody nightmare of ten caravans in convoy.Tuned into channel 18 and lo and behold I was in the world of 10/4 good buddy.(18 uhf).The vans all pulled up near Macas at Kempsey.Next time I saw the convoy it was as I turned off the Pacific Hwy to North Arm cove and home.Sorry to butt in on your thread Basil.Cheers.Ibbo.
Basil Faulty said
08:50 AM Sep 15, 2009
The thing that worries me a little about this is that if a cop is having a bad day..... You have to defend yourself as there are no specifics....
Ma said
09:03 AM Sep 15, 2009
I'm sure there must be a regulation or guideline somewhere that stipulates or suggests how much room should be left between you and the vehicle in front. It's common sense isn't it to leave enough room for anyone overtaking to be able to slot back in. But then common sense is sometimes sorely lacking.
kenmarg said
09:22 AM Sep 15, 2009
hi basil. by the way that reads basil,its at the discretion of the highway police????. and they do have the power to do something about these accidents that are about to happen. if the traffic is about to double in the next 5 years,i think the govement will have to bring in a driving test for us, if we are towing behind our vehicle. it does not take much if you are inexperienced with your vehicle, to go and do a advanced driving course.
kenmarg said
09:30 AM Sep 15, 2009
hi ma. there is a law for trucks in just about all states,semi-trailers =60metres. b-doubles = 200metres. between vehicles on a single lane road.
Basil Faulty said
09:46 AM Sep 15, 2009
Ma wrote:
I'm sure there must be a regulation or guideline somewhere that stipulates or suggests how much room should be left between you and the vehicle in front. It's common sense isn't it to leave enough room for anyone overtaking to be able to slot back in. But then common sense is sometimes sorely lacking.
Tailgating is an offence, not keeping to the left lane unless overtaking is an offence, however not using common sense is not an offence - & I wonder at times where some people got their licence. Perhaps www.fakedocuments.com ????
Ma said
09:59 AM Sep 15, 2009
kenmarg wrote:
hi ma. there is a law for trucks in just about all states,semi-trailers =60metres. b-doubles = 200metres. between vehicles on a single lane road.
Knew there were some regulations somewhere Ken, but it was too long ago that I drove semi-trailers and couldn't remember.
Some of our units ie: tugs and tows are almost as long as a semi and although the laws for trucks doesn't apply to vans etc., maybe it should.
And as for common sense Basil, like I said, sadly lacking in some sometimes.
Basil Faulty said
03:52 PM Sep 15, 2009
kenmarg wrote:
hi basil. by the way that reads basil,its at the discretion of the highway police????. and they do have the power to do something about these accidents that are about to happen. if the traffic is about to double in the next 5 years,i think the govement will have to bring in a driving test for us, if we are towing behind our vehicle. it does not take much if you are inexperienced with your vehicle, to go and do a advanced driving course.
Yes the interpretation is that if you get a ticket for Obstructing traffic then you would have to prove that you were not...
I only just learned of another revenue raiser the ACT Govt have introduced, "Driving without due diligence" Fine $342; 3 points and this can be applied on top of a speeding offence for example.... It was introduced to be able to allow the police to deal with people who do stupid things that are not driving offences eg stopping in the middle of a roundabout or stopping at green lights etc but because our legislators are exeptionally clever the way it's worded it allows the fine to be applied on top of any other driving offence you commit....
milo said
04:47 PM Sep 15, 2009
dads just keeping the van 10ks under the limit, that should be ok? he's happy with that..
Basil Faulty said
05:37 PM Sep 15, 2009
milo wrote:
dads just keeping the van 10ks under the limit, that should be ok? he's happy with that..
That's OK but if there is nothing in front and a crowd behind and you get booked.... It's good practise to keep a weather eye in the mirror and pull over if there are cars wanting to pass. It is very bad form to actually try and stop someone from passing by driving slowly - even though you may save the "speeders" life.....
Mick themungrel said
06:29 PM Sep 15, 2009
Gday On a roadtrain route a long vehicle (anything over 7.5 m which includes caravans ) by law 200m , else were 60m
Mick themungrel said
06:33 PM Sep 15, 2009
kenmarg wrote:
hi basil. by the way that reads basil,its at the discretion of the highway police????. and they do have the power to do something about these accidents that are about to happen. if the traffic is about to double in the next 5 years,i think the govement will have to bring in a driving test for us, if we are towing behind our vehicle. it does not take much if you are inexperienced with your vehicle, to go and do a advanced driving course.
Gday Why would the coppers pick on a caravan when they can pull a truck up and be guaranteed a booking for there quota .
suenami said
10:16 PM Sep 15, 2009
Good Luck with that Jon...
milo said
10:33 PM Sep 15, 2009
we have a rearvision/reverse camera thats always on, if we see a biuld up behind us we'll pull over
Wombat 280 said
10:03 AM Sep 16, 2009
If you don't want to do the indicated speed or somewhere near it on a major highway or motorway then use the alternative route. The amount of vaners I've come across this trip who want to drive at sightseeing speeds on the motorways. There are others out here with us that must be considered who are working for a living not just burning up fuel. Same as those who want to be on the road at peak hour with all the local workers just getting in the way.
Typical of NSW road rules the entire thing is a judgment call , can anyone define reasonably or where appropriate ? purely subjective terminology even laws define by the high court are full of such terms
Rolly said
11:27 AM Sep 16, 2009
Wombat, really!
Those funny little signs with a number in a red circle are there to indicate the maximum speed permitted by law on that particular stretch of road.
They are not:
a. an advisory sign indicating that it is safe to proceed at that speed under all circumstances, nor
b. an indication of an average speed that should be maintained at all costs over the section of roadway referred to, nor
c. a minimum rate of knots for all traffic in the vicinity.
It seems that these myths are, unfortunately, believed by a majority of road users.
It's a great pity that the driving population, in general, has not yet come to terms with the well researched reality that haste on the road:
a. rarely produces a significant time advantage,
b. adds significantly to the cost of operating the vehicle,
c. causes added maintenance costs to the roadways provider,
d. is detrimental to the physiological and psychological wellbeing of the vehicle operator,
e. adds considerably to the death and trauma of traffic incidents, and, consequently,
f. creates a large and significant cost to the community as a whole.
If all road users traveled at 5 - 10 Km/Hr below the posted speed limits, the savings to the community would be substantial both in economic and social terms.
-- Edited by Rolly on Wednesday 16th of September 2009 11:30:01 AM
joe99 said
11:33 AM Sep 16, 2009
Suppose you are driving along and come across a School Zone but have no idea whether or not it is a "School Day".
With private and public schools often having different holidays, coupled with the occasional "pupil free" day, one cannot rely on a lack of visible activity as an indication of whether or not the 40k limit is in force.
I would have thought that the best option would be simply to observe the 40k limit just in case, but am I to understand that this could lead to an infringement if the limit at the time is in fact 70k for example?
joe99
Ma said
01:17 PM Sep 16, 2009
As I said earlier..........all boils down to common sense usually...........and commen sense is sadly lacking in some individuals.
Rolly said
03:07 PM Sep 16, 2009
Ma wrote:
As I said earlier..........all boils down to common sense usually...........and commen sense is sadly lacking in some individuals.
It's an oxymoron, Ma
Some people think that an oxymoron is an idiot with a welding torch
Ma said
03:27 PM Sep 16, 2009
And I never was too good at welding
Wombat 280 said
04:15 PM Sep 16, 2009
My point was aimed at those drivers who want to go motorways and major highways . if not going to keep up with the traffic them use the other routes . Maybe it's time to up the licence grading for van and 5th wheeler operators, many have absolutely no idea how to handle an articulated rig and panic the moment it gets over 80 km p/h The stats show , if you believe stats , that most accidents involving fatalities are low speed affairs not the roads or the high speeds people like to claim .
Once heard an old chap claim he had never has a speeding ticket but after looking at his vehicle he certainly got in the way of may other drivers , hardly a straight panel on it
Stay alert stay alive
Rolly said
07:31 PM Sep 16, 2009
There's a lot of truth in what you say, especially in regard to licensing.
It would be nice if a lot of caravan towers went back to driving school to learn to handle a normal sedan, and progressed from there.
Jonathan said
07:47 PM Sep 16, 2009
.. pretty damn hard to legislate against stupidity though ..
Basil Faulty said
07:51 PM Sep 16, 2009
joe99 wrote:
Suppose you are driving along and come across a School Zone but have no idea whether or not it is a "School Day".
With private and public schools often having different holidays, coupled with the occasional "pupil free" day, one cannot rely on a lack of visible activity as an indication of whether or not the 40k limit is in force.
I would have thought that the best option would be simply to observe the 40k limit just in case, but am I to understand that this could lead to an infringement if the limit at the time is in fact 70k for example?
joe99
Thats an extreme example Joe but if the cop is having a bad day.... And the new licencing tests for the oldies in NSW have an element of "Cognisance" in them, "What road are we on now?" "Turn at the sign pointing to XXXXX".... In the ACT the 40 zones for schools are blanked out during school holidays. Pupil free days are in fact still school days....
Basil Faulty said
07:53 PM Sep 16, 2009
Rolly wrote:
Wombat, really!
Those funny little signs with a number in a red circle are there to indicate the maximum speed permitted by law on that particular stretch of road.
They are not:
a. an advisory sign indicating that it is safe to proceed at that speed under all circumstances, nor
b. an indication of an average speed that should be maintained at all costs over the section of roadway referred to, nor
c. a minimum rate of knots for all traffic in the vicinity.
It seems that these myths are, unfortunately, believed by a majority of road users.
It's a great pity that the driving population, in general, has not yet come to terms with the well researched reality that haste on the road:
a. rarely produces a significant time advantage,
b. adds significantly to the cost of operating the vehicle,
c. causes added maintenance costs to the roadways provider,
d. is detrimental to the physiological and psychological wellbeing of the vehicle operator,
e. adds considerably to the death and trauma of traffic incidents, and, consequently,
f. creates a large and significant cost to the community as a whole.
If all road users traveled at 5 - 10 Km/Hr below the posted speed limits, the savings to the community would be substantial both in economic and social terms.
-- Edited by Rolly on Wednesday 16th of September 2009 11:30:01 AM
Rolly, if we all drove like we were running 2 hours early for a dental appointment we would have no accidents, also we would never get to where we were going either LOL
Yes, there is an offence for unreasonably obstructing traffic, but
nothing to do with specific speeds. The speed travelled must be abnormally slow, not just 20km/h slower than the posted speed limit.
The offence is listed under the Road Rules 2008, Rule 125. The current
monetary penalty for this offence is $197 (no demerit points). For your
reference I have included the Rule below.
Rule 125 Unreasonably obstructing drivers or pedestrians
(1) A driver must not unreasonably obstruct the path of another driver
or a pedestrian.
(2) For this rule, a driver does not unreasonably obstruct the path of
another driver or a pedestrian only because:
(a) the driver is stopped in traffic, or
(b) the driver is driving more slowly than other vehicles (unless the
driver is driving abnormally slowly in the circumstances).
An example of a driver driving abnormally slowly would be a driver
driving at a speed of 20 kilometres per hour on a length of road to
which a speed limit of 80 kilometres per hour applies when there is no
reason for the driver to drive at that speed on the length of road.
So; if you were to be given a penalty notice for driving 80km/h in a
posted 100km/h area, you have the option to have the matter heard in
court if you wished. I do not see it unreasonable that a driver would
drive from time to time at 80km/h in a posted 100km/h area, however as I
am not a magistrate, this would be determined by them if required.
If you require any other advice or wish to discuss this matter further,
please do not hesitate to contact Motoring Advice on Ph: 1300 655 443.
Kind Regards,
Stuart Woodbury
Motoring Advisor
NRMA Motoring & Services
T: 1300 655 443
T: (02) 8741 6563
F: (02) 8741 6559
So I guess this indicates it's another of those "prima facie" things where you would have to prove your innocence. So feel free to doodle along the Hwy, a stream of frustrated drivers behind you while in true GN form you berate every other driver for trying to get around you....
Thank you for that clarification, Basil.
Regards
Mike
I refer you to my avatar.
It's my Tug (metaphorically speaking)
Thanks for finding that out Basil . As I said apart from a freeway in WA there is mo lower limit .
As a professional driver I wou;d much rather see someone driving at 80kph towing a van and being relaxed and comfortable than trying to drive at 100kph white knuckled and stressed to to the max . Yes it can be annoying to both myself and other professional drivers to find when you get past 1 van there is another just up the road but such is life .
It seems a good dose of road-courtesy and commonsense still apply. Maybe one day, there will be greater clarity and country-wide uniformity to rules and regulations that will make life a little easier for all ..
Jon
Some of our units ie: tugs and tows are almost as long as a semi and although the laws for trucks doesn't apply to vans etc., maybe it should.
And as for common sense Basil, like I said, sadly lacking in some sometimes.
I only just learned of another revenue raiser the ACT Govt have introduced, "Driving without due diligence" Fine $342; 3 points and this can be applied on top of a speeding offence for example.... It was introduced to be able to allow the police to deal with people who do stupid things that are not driving offences eg stopping in the middle of a roundabout or stopping at green lights etc but because our legislators are exeptionally clever the way it's worded it allows the fine to be applied on top of any other driving offence you commit....
On a roadtrain route a long vehicle (anything over 7.5 m which includes caravans ) by law 200m , else were 60m
Why would the coppers pick on a caravan when they can pull a truck up and be guaranteed a booking for there quota .
Wombat, really!
Those funny little signs with a number in a red circle are there to indicate the maximum speed permitted by law on that particular stretch of road.
They are not:
a. an advisory sign indicating that it is safe to proceed at that speed under all circumstances, nor
b. an indication of an average speed that should be maintained at all costs over the section of roadway referred to, nor
c. a minimum rate of knots for all traffic in the vicinity.
It seems that these myths are, unfortunately, believed by a majority of road users.
It's a great pity that the driving population, in general, has not yet come to terms with the well researched reality that haste on the road:
a. rarely produces a significant time advantage,
b. adds significantly to the cost of operating the vehicle,
c. causes added maintenance costs to the roadways provider,
d. is detrimental to the physiological and psychological wellbeing of the vehicle operator,
e. adds considerably to the death and trauma of traffic incidents, and, consequently,
f. creates a large and significant cost to the community as a whole.
If all road users traveled at 5 - 10 Km/Hr below the posted speed limits, the savings to the community would be substantial both in economic and social terms.
-- Edited by Rolly on Wednesday 16th of September 2009 11:30:01 AM
With private and public schools often having different holidays, coupled with the occasional "pupil free" day, one cannot rely on a lack of visible activity as an indication of whether or not the 40k limit is in force.
I would have thought that the best option would be simply to observe the 40k limit just in case, but am I to understand that this could lead to an infringement if the limit at the time is in fact 70k for example?
joe99
It's an oxymoron, Ma
Some people think that an oxymoron is an idiot with a welding torch
There's a lot of truth in what you say, especially in regard to licensing.
It would be nice if a lot of caravan towers went back to driving school to learn to handle a normal sedan, and progressed from there.
.. pretty damn hard to legislate against stupidity though ..
In the ACT the 40 zones for schools are blanked out during school holidays. Pupil free days are in fact still school days....