Does this relate to Australia

Nelly · Guru

Does this relate to Australia

brickies · Guru

This story has been run so many times on the internet , I think you will find it just a bad story .

2foot6 · Veteran Member

I wouldn't think it would apply in Australia,but Nellie,the next time you get pulled over by the Police ,just keep driving .When things settle down or you get of gaol ,get back on the forum and let us all know the results,...............cheers Peter blankstare

rockylizard · Guru

Gday...

I have always believed if you are in doubt about the true identity of someone wanting to pull you over - especially at night - you are not required to do so.

However, you should indicate you acknowledge their direction (hand signals), ring 000 and tell Police what you are doing and keep driving to a spot where you feel safe, - service station, police station, somewhere where there are other people - then when stopped, ask for their ID.

A quick search of Google (good ole Mr Google ) provided this advice -

http://www.couriermail.com.au/news/queensland/police-impersonators-creating-dilemma-for-queensland-motorists/story-fnihsrf2-1226945648573

[this is clipped from that article]

One would assume (and it is probably dangerous to ever assume hmm ) this common sense approach would apply in all States of Straya.

Cheers - John

Happywanderer · The Master

I would be inclined to put my hazard lights on and drive to the nearest town, servo etc.
In the meantime I would be calling the other driver and anyone else listening on the UHF to work out who was who.

NeilandRaine · Guru

only problem is you will get booked for using your phone.

Happywanderer · The Master

NeilandRaine wrote:
only problem is you will get booked for using your phone.

I didn't think the UHF was the same as using your phone, talk to the truckies all the time.

madaboutled · Guru

Happywanderer wrote:
NeilandRaine wrote:
only problem is you will get booked for using your phone.

I didn't think the UHF was the same as using your phone, talk to the truckies all the time.

Technically talking on a radio is the same as using a phone unless you are using a hands free device. There are mike's out there that are hands free.

Regards Steve.

baute · Senior Member

A person must not, without reasonable excuse, fail or refuse to stop a vehicle that a person is driving when directed to do so by a police officer or fail or refuse to comply with any other direction given by a police officer.

However:

In NSW, the offence of police pursuit is listed under section 51B of the Crimes Act.
In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt that:

The driver knew, ought reasonably to have known or has reasonable grounds to suspect that police officers were in pursuit (defence unidentified and unmarked car, a flashing light does not indicate it is a police car, flashing lights are available at any $2 shop)

The driver knew, ought reasonably to have known or has reasonable grounds to suspect that the driver was required to stop the vehicle (asked to stop but required only if KNOW it is police)

The driver did not stop the vehicle, and (guilty)

The driver subsequently drove the vehicle recklessly or at a speed or in a manner dangerous to others (defence, continued driving in safe manner to safe place)

Each of these elements needs to be proved beyond a reasonable doubt for the charge to succeed.

So I am not stopping for the unmarked police car out in the middle of the bush. An unmarked police car, a lone driver in the middle of nowhere would lead to the defence of "reasonable excuse" due to a legitimate belief of self defence from an unknown person. Only a fool would stop and wait for a loaded gun at the window while following the direction "ask for police id" too late once they are at your window. A quick Google comes up with numerous cases of "fake police" pulling over cars in city and bush. As for using a phone: how ridiculous! I am driving, my phone is in my bag on the floor, it requires me to push 8 buttons to call triple 0, I just checked, I would be up the nearest tree by the time I did that!

Sydney November 2014: http://www.dailytelegraph.com.au/news/nsw/two-men-in-unmarked-car-with-flashing-blue-and-red-lights-attempt-to-pull-over-female-driver/story-fni0cx12-1227124720600?nk=f71293d9e4046514c3369660c753da73

Tweed Heads Feb2011:http://www.tweeddailynews.com.au/news/pull-over-its-the-fake-police-blue-audi-2007/764666/

Sydney January 2015: http://www.dailytelegraph.com.au/newslocal/south-west/motorists-licences-stolen-by-fake-policeman-conducting-roadside-breath-tests/story-fngr8hxh-1227189185407

Brisbane May 2014: http://www.brisbanetimes.com.au/queensland/police-impersonator-pulls-over-teen-female-driver-20140530-zrszh.html

NeilandRaine · Guru

Happywanderer wrote:
NeilandRaine wrote:
only problem is you will get booked for using your phone.

I didn't think the UHF was the same as using your phone, talk to the truckies all the time.

Sorry mate I was just being a smart bum in regards to the Qld Police recommendation on Rockies post

Bruce and Bev · Guru

police vehicles don't have UHF radios in them - they have their own dedicated frequencies which cannot be accessed by a normal RT user.

You must stop for police - even an unmarked vehicle, but if you are in doubt, do as someone else has suggested and put hazard lights on and drive to any area with other people there.

In Perth about 4-5 weeks ago a lady was stopped in her car by 2 guys with a bluer flashing light and siren and wearing what appeared to be police uniforms - fortunately she refused to wind down her windows, locked her doors, was in a suburban area and called the police on her phone - with a quick response from the real police. Sadly the imposters fled and weren't caught

NeilandRaine · Guru

Bruce and Bev wrote:
police vehicles don't have UHF radios in them - they have their own dedicated frequencies which cannot be accessed by a normal RT user.

You must stop for police - even an unmarked vehicle, but if you are in doubt, do as someone else has suggested and put hazard lights on and drive to any area with other people there.

In Perth about 4-5 weeks ago a lady was stopped in her car by 2 guys with a bluer flashing light and siren and wearing what appeared to be police uniforms - fortunately she refused to wind down her windows, locked her doors, was in a suburban area and called the police on her phone - with a quick response from the real police. Sadly the imposters fled and weren't caught

Not sure where you come from Bruce but in NSW police have uhf usually tuned to ch 40

JackoFJR · Senior Member

I don't know about all police vehicles but some Highway Patrol vehicles have UHF ,

03_Troopy · Guru

Police mostly use dedicated UHF digital channels, but still may be using UHF analogue in some regional areas. They will normally be monitoring their own region's channel which is not in the UHF CB range.

Edit: And as regards to using your CB while driving, you can still use a CB radio, or any other 2 way radio while driving. If you are involved in a collision however, you may still be charged with driving without due care and attention if they feel the radio was a contributing factor to the collision. Which is the same for hands free phones too btw.

-- Edited by 03_Troopy on Monday 16th of February 2015 10:03:39 AM

D and D · Guru

Actually it is an offense to use a mobile phone while driving unless it is in a hands free cradle, doesn't require the driver to touch the phone (eg bluetooth) and the phone is only being used to transmit or receive phone calls. The same rules apply in all states - www.vicroads.vic.gov.au/safety-and-road-rules/driver-safety/mobile-phones-and-driving.

rockylizard · Guru

Gday...

confuse Given the direction this thread has travelled, I guess I must just be an out of touch, foolish relic who believes that common sense still has a place in society. confuse

Let's paint the scenario posed by the OP ... driving at night, lonely road, unmarked car flashes lights and/or indicates that you pull over - apparently purporting to be a member of the constabulary. You very much doubt this is a genuine plod.

I definitely know I would be onto 000 instantly to report what I believe is "my predicament", would put on the flashers, indicate to the 'person/s' in the unmarked car that I acknowledge their existence and that they should follow me. When I got to a service station, police station, or somewhere with people and some 'safety' I would then stop the car and when (perhaps it is now IF!) the unmarked vehicle pulls up beside/behind/in front of me I would wait, with doors locked, for them to approach and produce their ID.

If a genuine plod, so be it. If they want to make a case about "using a mobile phone while driving" I would like them to note on the ticket/summons where they first approached my vehicle, and that I continued to "civilisation" before stopping.

If they still insisted on serving that ticket/summons, I would represent it at court. I would bet my dead granny's teeth the judge would throw the ticket out.

Despite the occasional thread highlighting how plods are persecuting, inconsiderate mongrels, I believe that 99% of plods would completely understand.

Shoot me down if ya wanna - but that's how I see it.

Cheers - John

Happywanderer · The Master

Hooray for Rockylizard. Common-sense and back on topic.
What I was trying to explain how I would handle the situation.

03_Troopy · Guru

D and D wrote:
Actually it is an offense to use a mobile phone while driving unless it is in a hands free cradle, doesn't require the driver to touch the phone (eg bluetooth) and the phone is only being used to transmit or receive phone calls. The same rules apply in all states - www.vicroads.vic.gov.au/safety-and-road-rules/driver-safety/mobile-phones-and-driving.

I think we all know that D&D.

But what I was saying is that can can also charge you for driving without due care and attention, even if the phone is in a cradle and is totally hands free, if they feel your talking on it was a contributing factor to an accident.

But that is starting to digress from the OP's post..

rockylizard · Guru

Gday...

It continues it appears ... the "what to do if this happens to you" statements are at the foot of the article.

http://www.couriermail.com.au/news/what-to-do-if-you-suspect-someone-of-impersonating-a-police-officer/story-e6freon6-1227245737988?utm_content=SocialFlow&utm_campaign=EditorialSF&utm_source=CourierMail&utm_medium=Facebook

Cheers - John