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Fines for items in utes- fact or fiction

Started by darrenh, April 25, 2013, 11:36:55 AM

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darrenh

I have been researching whether there is any truth in the statement that police are targeting utes for items sitting in the back such as thongs, boots etc. News items on the web interviewing police state that there is no targeting occurring and the public via heresay is driving the untruths.

Has anybody on myswg actually been fined themselves.

Darren


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2006 100 series sahara
2008  Jayco flamingo outback

DaveR

I was wondering that myself, as almost every tray back ute in Sth East QLD has a net over it, even when there is nothing below...
Something must be going on, I have been meaning to ask a driver, but not had the chance as yet.
2001 HDJ-100, a flash one
2013 Expanda OB

cruisindub

I'm screwed. 
I've had a bucket of aggregate in the back of my Ute for ages.....  just never got round to taking it out yet....
Why do people ask "What the hell were you thinking?"
Obviously I was thinking I was going to get away with it and not have to explain it....

baldheadedgit

Quote from: cruisindub on April 25, 2013, 12:05:52 PM
I'm screwed. 
I've had a bucket of aggregate in the back of my Ute for ages.....  just never got round to taking it out yet....
that is called traction control. Does not come under the heading of "unsecured load"  ;D


BHG

Poverty Pack.!

MarkGU

i think you will find that anything in the rear of a ute or trailer that is not secured would become a projectile in a sudden stop.
hence the authorities fineing drivers.
99'Gu 4.2 Patrol.
2004 Jayco Outback Swan


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D4D

Quote from: MarkGU on April 25, 2013, 12:23:05 PM
i think you will find that anything in the rear of a ute or trailer that is not secured would become a projectile in a sudden stop.
hence the authorities fineing drivers.

and so they should, secure your load or empty your ute.
I owe, I owe, it's off to work I go...

Prado Garage Queen

darrenh

Come on I have heard rumours of being fined for a pair of thongs in the back


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2008  Jayco flamingo outback

Bird

Quote from: darrenh on April 25, 2013, 12:32:19 PM
Come on I have heard rumours of being fined for a pair of thongs in the back


common sense dude
Anyone who believes that should have their testicles removed to prevent breeding.
-


Gone to a new home

D4D

Anything can become a projectile at speed. A thong may not do much damage itself but if somebody swerves to avoid it that can cause an accident or worse. Secure your load or empty your ute, it is not that hard. I have had a roll of paper fall off a ute and a plastic bucket fly out just in this last year hence why I am a little precious on this.
I owe, I owe, it's off to work I go...

Prado Garage Queen

UIZ733

Quote from: darrenh on April 25, 2013, 12:32:19 PM
Come on I have heard rumours of being fined for a pair of thongs in the back
I think it might depend on who was wearing them AND what the state of undress was!

MarkGU

a thong, a piece of paper or even an empty plastic bucket might not seem very dangerous items BUT........if they fall or fly out of your ute or trailer and someone swerves to avoid them and does a head on into another vehicle, try to explain that the plastic bucket is harmless to the coroner. 
99'Gu 4.2 Patrol.
2004 Jayco Outback Swan


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jwb

I go to Toowoomba at least twice a week for work duties, Up there you see their work utes have got load restraint webbing on.
I rarely see that locally. ???
That said I spoke to a customer who got a ticket in the West End area for a collection of items on his dashboard!
To say he was peeved off would be an understatement!!

cheers
Cheers

Jwb

darrenh

So nobody has actually got a fine themselves then?


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Spurio

Qld is only catching up with the other states, "cover your load"

It's also a mine vehicle safety requirement

Brij

The law in Victoria (from the Road Safety (Vehicle) Regs 2009 -
248   Load restraint requirement
r. 248
   (1)   The following requirements apply to a vehicle that is carrying a load—
   (a)   the load must be secured by a means that is appropriate to the vehicle and the nature of the load; and
   (b)   the load must be placed and secured on the vehicle in a way that prevents or would be likely to prevent, the load or any part of the load from—
   (i)   hanging or projecting from the vehicle; or
   (ii)   becoming dislodged or falling from the vehicle; and
   (c)   the load must not be placed or secured on the vehicle in a way that makes the vehicle unstable.
   (2)   In proceedings for an offence against the Act in respect of the contravention of a load restraint requirement, evidence of non-compliance with the performance standards recommended in the Load Restraint Guide, Second Edition 2004, published by the National Transport Commission, is admissible in evidence.

The Load Restraint Guide (to summarise 200 odd pages) basically says you need to have restraint capable of restraining 80% of the mass in a forward direction, 50% rearwards and sidewards, and 20% upwards.

I believe most other states have similar wording to Vic.

Peter H
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Home made camper

Hairs

Quote from: darrenh on April 25, 2013, 01:54:35 PM
So nobody has actually got a fine themselves then?
Why would you take the chance when you know the rules?
This law was in effect in NSW some ten years ago or more and yes, tradies were fined for loose items.
No different to having your dog tied to the back to stop it from jumping or failing out.
Beside the consequences of having something from your vehicle cause an accident, how about knowing you cause a death because you thought you knew better?
Also, all vehicles are not to drag mud and rubbish from a construction site on to a public road.
Really no different to after you have been off road and have mud stuck under your vehicle and a clump of mud causes an accident.

There's something to think about  ;D


You don't use magic to disappear, all you need is a 4wd & a Swag ;)

sonny

My son (a tradie) told me about this yesterday - yes two other tradies that he works with have been fined - $200 per item (doesn't matter what it is)!!!  So if you have a couple of buckets, a broom and some tools it quickly adds up.  Apparently everyone is sold out of cargo nets - this is soutside Brisbane.
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Vacation Passage Camper

muzza01

I can't quote laws, but in FNQ, the Scalies (DMR) will fine you if you have a ute or truck load of unsecured crap.  If its not tied down, it needs to have a net over it.  If you have one of those crap elastic nets, and you an item in your ute/truck that will fit between the 150mm square holes, than you will get fined.   Most savvy drivers up here use a bastederised  fishing net cover.  These are sold at most hardware stores and will secure items unless they are smaller than a 50c piece. 
I think it's great that people get fined for not securing loads, and if its not tied down under one of these fishing net type covers, it's not secured.  I have been hit with an esky lid, bucket (more than once) and a steel cap boot.  The worst was a disc brake rotor off a scrap metal truck travelling the opposite direction at about 80 km per hour.  It made a hell of a mess of my Holden panel van.
Bring on the fines.

Bird

Quote from: darrenhSo nobody has actually got a fine themselves then?
out of the hundred or so on here, it doesn't sound like it, but out of the 100's thousands of others on the road, theres a very good chance.
-


Gone to a new home

darrenh

$200 per item is taking it a bit far. I would have thought $200 for the offence would the correct interpretation of the law.
What would the courts think of this?

I have now read the load restrain guidelines 2004 and it is clear that the police are writing these fines are taking the guidelines way out of context.



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2008  Jayco flamingo outback

MarkGU

Quote from: darrenh on April 25, 2013, 03:59:29 PM
$200 per item is taking it a bit far. I would have thought $200 for the offence would the correct interpretation of the law.
What would the courts think of this?

I have now read the load restrain guidelines 2004 and it is clear that the police are writing these fines are taking the guidelines way out of context.



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$200 per item is just drinking silver............try not having something tied down on a truck and you forfeit a couple of weeks pay.
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2004 Jayco Outback Swan


https://www.fuelly.com/driver/markgu/patrol?fu=5470975

darrenh

I am in full agreement that items that can blow out or fall out of a tray should be restrained. But some items just can't fall out unless the ute was upside down.
A small heavy toolbox for example


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2008  Jayco flamingo outback

Bird

Quote from: darrenh$200 per item is taking it a bit far. I would have thought $200 for the offence would the correct interpretation of the law.
What would the courts think of this?

I have now read the load restrain guidelines 2004 and it is clear that the police are writing these fines are taking the guidelines way out of context.
Out of context? What part of tied down/secured is it that the cops are taking out of context.

I hope the courts would double the fine, give the prick court costs and back the cops up, not that they can drop the fines to less $$ if its written law.

So think of the poor innocent prick that is driving down the road, has some lazy ****tard tradie, or scrote going to the tip who is too stupid/lazy to tie down his Shit, it flies out, you swerve to miss it, and wipe out another car, pedestrian or hits a pole.
Tradie ****s off never to be seen again, and other people are wear it cause of his stupidity... cars written off, insurance now treats them like Nazi's cause they make a claim and then the fines and cops get involved... Yea awesome idea.

Out of context?? not a chance.
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MarkGU

Quote from: darrenh on April 25, 2013, 04:02:36 PM
I am in full agreement that items that can blow out or fall out of a tray should be restrained. But some items just can't fall out unless the ute was upside down.
A small heavy toolbox for example


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"A small heavy toolbox for example"

i have witnessed a 2 tonne rod bar slide off at 60 k's that wasnt tied down mate. now how would 2 tonne of bar move by itself?
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2004 Jayco Outback Swan


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darrenh

I was just reading a news article on the Sunshine Coast that a council truck driver has picked up a few empty beers cans and had put them in the ute tray. Pulled up by the police and fined for an unrestrained load.

Beer cans?

The reason is asked this question was following listening to a tradie at work yesterday stating he was fined for his thongs and I had a hard time believing him.

Lost

The restrain guidelines are written to reduce the risk of an item that will cause damage to others from falling of a moving vehicle. I can't see some items causing any damage and some other items that could not fall of unless the vehicle was upside down.


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2006 100 series sahara
2008  Jayco flamingo outback