Stopping on the side of road "Take Notice" form

lyn-n-ken · Senior Member

Stopping on the side of road "Take Notice" form

Plendo · Guru

Hi Lyn,

I have seen this form as well, and like you I am skeptical as to it's effectiveness. Basically you are saying to the person asking you to move to take responsibility for the effect of you moving in what you believe to be an impaired state. Effectively you are trying to scare them into telling you you can stay where you are.

I suspect the most likely response would be it is up to you, you can choose if you move on, or I can fine you, but the choice is yours.

Dougwe · Chief one feather

I have some with me but never had to try and use it. Not sure how effective it would be. As Plendo said, Mr Plod or whoever could just say " Move or get booked". They more than likely wouldn't be very nice about either.

Big Gorilla · Guru

This form has been discussed many times. It would be interesting to get a legal opinion. Any GNs a retired or currently practicing lawyer ?

rockylizard · Guru

Gday...

Big Gorilla wrote:
SNIP~~~ Any GNs a retired or currently practicing lawyer ? Would be better if they had finished practicing and were full bottle on the law

Cheers - John

SnowT · Guru

I think the concept is a great idea...

The fact that you have pulled over. hopefully in a safe place to do so.... ie Off the road and not a hazard..

EVER state has some form of Policy of " If your tired pull over and have a rest..."

So if you have been on the road for an extended period of time it is advisable to pull over and have a rest....

VicRoads..

NSW..

do you get the idea EVERY state has there own Fatigue managment system's..

SO if you have the Letter, and you legitimately Pull over on the side of the road to have a sleep, and you are not a hazard to other people... If you get told to Move on..

Seriously Call them on it... I know I would....

-- Mornington Peninsular to Adelaide in my bus at 80k's take me about >12hr's... 12 hr's is to long a period to drive and NOT fall asleep..

Maybe if you are doing the big circle it might be a good idea to get a copy of Each States Fatigue Management Statement..

I think I might see what our Local Coppers say..

Juergen

Pejay · Guru

Not having seen one of these forms, my mind is racing thinking - what sort of info is required on them, and if someone (unscrupulous) got hold of the forms and tried to make you fill it in, they could then 'use' that info for all sorts of unsavoury reasons.

Friar Park · Senior Member

G'day to all, I've read with some interest this thread but I'm confused by who it is that has the authority to issue the notice. Can some one explain the step by step process and what it is supposedf to achieve. I've never heard or seen anything about it until now.

Friar

lyn-n-ken · Senior Member

well this is what I was told ...you get the person who is asking you to leave to fill it out it then becomes their responsibility if you smash/die/etc because you don't feel fit to do so it some how comes under the stop revive servive rulings , and I cant find anything about that on line. I put it on the forum hoping someone might know about it, one thing they did say is when you stop don't put out any of you things such as chairs tables etc then its not constituted that you are camping. we have never free camped but I don't think the form is any thing to do with that.
lyn

cooee · Senior Member

Doug said

<<I have some with me but never had to try and use it. Not sure how effective it would be. As Plendo said, Mr Plod or whoever could just say " Move or get booked". They more than likely wouldn't be very nice about either.
>>

Hi Doug, any chance of scanning one or taking a photo and posting it so that we know what it all about

JRH · Guru

cooee wrote:
Doug said
<<I have some with me but never had to try and use it. Not sure how effective it would be. As Plendo said, Mr Plod or whoever could just say " Move or get booked". They more than likely wouldn't be very nice about either.
>>
Hi Doug, any chance of scanning one or taking a photo and posting it so that we know what it all about

They will not sign the document as then they are admitting liability if anything goes wrong.

NeilandRaine · Guru

Do we really have to go to such lengths to break the law? So many people bemoan the demise of free camps along the road yet do their best to flout the law thus getting off side with authorities. . Do they think this helps those who actually try to do the right thing

Friar Park · Senior Member

Thanks Lyn, now I have some understanding of what its about but, like most of us i believe, you'd never get me to sign one. In fact I doubt if I'd ever ask some one else to sign one no matter how stroppy they might get. Its certainly confrontational.

Friar

Oz Gypsy · Veteran Member

The reality is that if you choose to camp/park illegally (i.e. in contravention of State/Local laws) and an authorised person tells you to move on or you are liable to be fined or whatever - it is YOUR responsibility, not theirs. They are just doing their job under the laws of the land. You cannot shelve your responsibility onto someone else.

If you are planning a journey and it is going to take longer than you can comfortably drive in one day, you should plan ahead for legal places to stop for the night. If you choose to take your chances in a rest area which is not designated for overnight stays - your problem.

Now I will duck for cover.

Friar Park · Senior Member

The way I see it Coppers, Rangers and other law and regulation enforcers already have the power to move and or fine you so they don't need any such form.

So who else would need it.

Friar

Oz Gypsy · Veteran Member

Friar Park wrote:
The way I see it Coppers, Rangers and other law and regulation enforcers already have the power to move and or fine you so they don't need any such form.
So who else would need it.
Friar

Hi Friar

The form referred to is one which you or I as a traveller carry with us. When someone tells you to move on, you fill out the form stating that you are tired/ill/under the influence or whatever excuse you want to use. You then ask the person for their name and put that on the form and ask them to sign it to say that they take full responsibility for anything which may happen when you move on.

We were shown this form several years ago and came to the conclusion that it would never stand up in court because you/I have done the wrong thing and then ask someone else to take responsibility for it.

SnowT · Guru

The of the things that is damn important to me..

-- If you have to Pull over to the side of the road due to being Fatigued...
Make sure to pull over to safe spot that is Not a Hazard to the Public..
--> Someone said that as long as you don't Pull out your gear and look as if you are setting up a camp.. you are not camping.. I agree with this...

Put it this way..
In America, Most RV's if they don't have a set destination will Pull into The car park of Walmart..
Walmart does not have any issue, as long as you don't drop the leveling gear..
-- Boondocking

so Seriously if you are tired and you don't Plan to camp and your only stopping to have a rest.. I seriously don't see an issue....

- The issue is not most of the Grey nomads The issue is the smaller camper's we know as "Wicked"

Look if the town/area does not want you to camp in the Area[ Not an RV Freiendly Town ].. All that I want to do is get out of there ASAP in a SAFE manor.... The Important WORD is a "SAFE Manor"..

If your Tired, you need to protect yourself and the other People on the roads.

Juergen