Unfair Yellow Sticker, infringments etc

[Aphex]

Ok... perhaps a little more clarification.

Camcorders, still cameras and the like can be used anywhere without restriction except controlled areas, or in a manor that would potentially breach the privacy of an individual or entity.

Fixed cameras such as those used in CCTV systems are again able to be used almost anwhere however there is a legal requirement to advertise the fact (by way of clear, legible and unobstructed signage) that a CCTV system is in use on that premises. Individuals enter that premises in the knowlage their movements are to be recorded. Cameras are not however permitted in staff rooms, change/rest rooms etc unless a specific need can be established for their installation in that area, as it constitutes a breach of privacy.

Recording audio is not generally acceptable unless purely for personal use such as taking minutes in a meeting or unless all parties are agreed. Recording of audio in conjunction with video on a CCTV system is a sticky nasty convoluted area to get into and is best left alone. Companies holding an agents licence as both an installation agent and inquiry agent can get away with it although they're few and far between.

Very basic and exceptions exist for licenced investigators conducting inquiries etc. There are loop holes though.

[House]

Thanks for the explanation, and sorry to further confuse things, but where do camcorders and the like with built in audio recording fit in to that?

[Aphex]

Personal use not trying to shaft a cop as such. Bit different to CCTV.

[thro]

If you inform them first, it's legal though?


Surely denying you the ability to record the scene puts unreasonable constraints on your ability to build a defence for your case - all other things being equal, the words of a police officer supposedly hold more weight in court than an alleged criminal?

Surely you must have the right to record events if the officer is informed that he is being recorded?

[Aphex]

They knowingly defect your ride without any reason other than to be an arsehole. What do you suppose their reaction might be to "hang on, before we go anyfurther i just want you to know that im recording this"

[shmoo]

surely you'd set up your camcorder device and as your pulled over youd start recording. Then afterwards if it became an issue you would simply say you always record every ride you go on, so you can show it to your friends, and you simply forgot that it was still recording whilst the policeman pepper sprayed you and stole your wallet.

[House]

Personal use not trying to shaft a cop as such. Bit different to CCTV.

I was thinking along the lines of what shmoo said. Helmet cam for recording the ride (personal use) that happened to be left on.

Not for intended for the purpose of shafting a cop, but will provide proof of what they do and say as a side effect of its original purpose. If the nice officers follow the rules then everyone's happy. If they don't, you have some proof at least.

[ButtNekid]

haha

Motor Cycle rear mudguards
The ADR is 42/04 as follows:
14.3 Wheel Guards for L-Group Vehicles
14.3.1 Wheel guards may consist of either permanent
body structure or part structure and other components,
including mudflaps, provided the specified protection is
retained during vehicle operation.
14.3.2 General Requirements
The wheels of a vehicle and the wheel of a side-car must
be fitted with wheel guards of width not less than the
‘Section Width’ of the tyre. The wheel guards must be so
designed as to protect other road users, as far as
practicable, against thrown-up stones, mud, ice, snow and
water and to reduce for those users the dangers due to
contact with the moving wheels.
14.3.3 Special Requirements
14.3.3.1 Rear ‘Axle’ and Side-car
The wheel guard provided for the rear wheel and for the
wheel of any side-car must extend not less than from a
point vertically above the foremost part of the wheel
rearward to a point not higher than the intersection of the
arc of the wheel guard with a line through the centre of the
wheel at 45 degrees to a horizontal plane through the
centre of the wheel when a mass of 45 kg is distributed in
the saddle of the vehicle at its ‘Unladen Mass’.

So SURPRISE SURPRISE YOU NEED TO BE SITTING ON YOUR VEHICLE WHEN THEY PERFORM THE MEASUREMENT AND

This /04 version was first approved as a national standard on 9 December 2003 in Road Vehicle (National Standards) Determination No. 5 of 2003. The determination was published in the Commonwealth of Australia Gazette No. S 482 of 18 December 2003.

So if your vehicle was made BEFORE 18 DECEMBER 2003, they can fuck off

[thro]

They knowingly defect your ride without any reason other than to be an arsehole. What do you suppose their reaction might be to "hang on, before we go anyfurther i just want you to know that im recording this"

It's not a request. It's a statement...

[Fullauto]

If you are filming the goings on then the officer involved can deem that the photographic or video recording is evidence pertaining to your alleged offence. He/she is then quite within their rights to seize your video camera/camera as evidence. You would then get it back after your case is heard in court.....if you take it that far.

Next question?

[Thomas Crown]

It's not a request. It's a statement...

Exactly.

Don't ask if you can film him, just politely let him know that you are currently filming and will not stop. If he's happy to perform his "duty" on camera, then let him go right ahead.

Should I call back into Akihabara tomorrow and look for some cheap recording equipment?

If you are filming the goings on then the officer involved can deem that the photographic or video recording is evidence pertaining to your alleged offence. He/she is then quite within their rights to seize your video camera/camera as evidence. You would then get it back after your case is heard in court.....if you take it that far.

Next question?

I'm an asshole with quite a bit of spare time and a raging hard-on for personal freedoms. I'd like to see a cunstable do their best to confiscate my shit without suffering a good deal of personal misery.

[Fullauto]

Oh yeah, and they can just withdraw your permission to film/record them. Keep going and I hope you like lock ups.

[Lord Farquaad]

If you are filming the goings on then the officer involved can deem that the photographic or video recording is evidence pertaining to your alleged offence. He/she is then quite within their rights to seize your video camera/camera as evidence. You would then get it back after your case is heard in court.....if you take it that far.

Next question?

Youd legally have to be able to get a copy of the recording though, as its evidence for your case

[thro]

Oh yeah, and they can just withdraw your permission to film/record them.

I am not a lawyer, however:

I would wager that if you/your lawyer were to bring that up in court, with the query "why, if you were acting in accordance with the law when charging my client did you refuse to allow a recording of the event - what have you got to hide, officer?" it would create doubt as to the legitimacy of the case.

Being a public servant, they must be held accountable / open to public scrutiny, surely?

Keep going and I hope you like lock ups.

Under what charge, exactly?

[Sp0t]

Aren't there laws specifically relating to recording (video/audio) of police and other public officers?

[Fullauto]

OK, what if you get pulled over and while the officer is talking to you, another officer is pointing a video camera at you and filming the whole thing? What do you think about your rights now?

Some of the opinions expressed in this thread are total and absolute fairy tale stuff. Do you really think that these people are just out there to ruin your day when you're "obeying the law" and I use the term loosely.

The one thing that is forgotten in all this is that they are only people too, subject to the same flaws and prejudices as anybody else in society. If you want to talk about arrogance and downright bloody mindedness, just try and get sense out of your typical public servant. And, yes, I do know what I'm talking about. I'm an ex State and Commonwealth public servant who saw the light and realised what a mind numbingly pathetic existence it was a long long time ago.

The most important thing you can do when pulled over for ANY reason is turn off your bike, get off it, remove your helmet and treat the coppers with respect. I have never, in 36 years of driving/riding been done for anything more than about 15kmh over the limit, even though I am a bad man who speeds incessantly and does naughty things on the road. Even with traffic nazis who were insufferable at the time, I found that I generally got a good deal.

It always makes me laugh when people whine about getting a ticket when they jump off their bike and say "What the fuck did you pull me over for?" How do you THINK you're going to be treated after coming out with that gem?

Thro, under what charge exactly? Anything he bloody well likes, just to give you the shits if he thinks you are being a smartarse. That's real life.

Like Dubs said, if they think you've done something and you act like a smartarse, then "Hello pits".
I don't mean that you have to toady to the cops or crawl, just show the respect that you would like others to treat you with. I'm not saying that they are all virgins, as there are some absolute arseholes masqerading as road nazis.

Just remember, it's all a game. You win some, you lose some. Just try putting the odds on your side.

[House]

OK, what if you get pulled over and while the officer is talking to you, another officer is pointing a video camera at you and filming the whole thing? What do you think about your rights now?

Never seen an episode of "The Force" huh?

In assuming that you haven't, not only do WAPOL record (or at least allow the recording of) that shit, it gets broadcast on TV for all to see. Video, audio, the whole lot.

I don't remember if they blank faces or not though.

As for your conduct if pulled over, of course you'd be polite. I'm not saying you should be rude by any means. I'm asking about the legality of recording the proceedings when pulled over so that you have evidence of what happened, should something unfortunate occur.

[Jedi]

Not a lawyer, but good luck getting a video recording made on the side of the road without the coppers permission past a judge to be submitted as evidence.

I would wager that if you/your lawyer were to bring that up in court, with the query "why, if you were acting in accordance with the law when charging my client did you refuse to allow a recording of the event - what have you got to hide, officer?" it would create doubt as to the legitimacy of the case.

It would never see the inside of a court room, your lawyer would be in comtempt or whatever if he brought it up. You would still be making the cop angry though.

[Lord Farquaad]

thats why you tell them they're being filmed, dur

[Jedi]

He still has to consent. I seriously doubt any cop would let someone film them stickering your bike. Even if I was 100% sure that someones fender eliminator was illegal I still wouldn't. It's Ass covering 101.