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Car Forum / Australian Car Forums / General Car Topics (Australian group) / April 2004

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Shane, Spooky, MotAdv etc - (Low) Speed Question

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Marvin The Paranoid Android - 25 Apr 2004 01:47 GMT
On another forum a statement has been made-

"There is provision in the traffic act (all states) to book people
travelling at 80kph (or slower) in a 100 zone (single lane). Luckily this is
at the discretion of the officer at the time and usually depends on the
amount of havoc you are causing behind you."

Anyone with real knowledge on this one? Urban Myth? (My guess).

Marvin the Doubter.
Gonz - 25 Apr 2004 01:54 GMT
> "There is provision in the traffic act (all states) to book people
> travelling at 80kph (or slower) in a 100 zone (single lane). Luckily this is
> at the discretion of the officer at the time and usually depends on the
> amount of havoc you are causing behind you."

A long time ago, my older brother got pulled up because he was doing 15 MPH
in a 60MPH zone, he was stuck in second and was heading home, I can't
remember if he got booked but it was stated as being a traffic hazard.
untermencsh - 26 Apr 2004 11:39 GMT
Urban Myth definately
reg-john - 26 Apr 2004 14:08 GMT
wanna bet?

> Urban Myth definately
untermensch - 27 Apr 2004 08:28 GMT
Yeah
There is no specifically for travelling below the posted speed limit in the
Road Transport legislation

> wanna bet?
>
> > Urban Myth definately
Gonz - 26 Apr 2004 23:59 GMT
> Urban Myth definately

Not an urban myth, FC holden panel van, Blue, done a heap of gear boxes in
number of weeks.
Adam - 26 Apr 2004 16:32 GMT
> On another forum a statement has been made-
>
[quoted text clipped - 6 lines]
>
> Marvin the Doubter.

I wish it was a real law. Perhaps the dickhead driving at 30km/h in a 90
zone all the way between Kiama and Nowra could have been booked by any
available officer the day I was stuck behind them (Australia Day long
weekend)... There were about 10 or 15 cars in front of me and countless cars
behind me... Took over 2 hours from Wollongong to Nowra due to this
dickhead... Normally takes roughly an hour... Fair enough the stated law
says 100km/h not 90km/h, but surely the cops could have done something about
it if they were there. The car was a Gemini. I know Geminis can reach the
speed limit, so the driver had no excuses IMO.

Adam
James Shugg - 26 Apr 2004 16:54 GMT
> On another forum a statement has been made-
>
[quoted text clipped - 6 lines]
>
> Marvin the Doubter.

Don't know about in Oz, but here in the UK I recall seeing blue
minimum speed signs posted on some dual carriageways. I think they
have them in continental Europe too.

James
Mot Adv - NSW - 27 Apr 2004 03:58 GMT
> On another forum a statement has been made-
>
> "There is provision in the traffic act (all states) to book people
> travelling at 80kph (or slower) in a 100 zone (single lane). Luckily this is
> at the discretion of the officer at the time and usually depends on the
> amount of havoc you are causing behind you."

WA has legislation seperate to the Australian Road Rules on the matter.
This is also advised in their current driver manual which you can download
on the Web.  Look at the section relating to freeway's.

NB - Advice in a handbook does not necessarily reflect accurately or
effectively applied legislation.

Bernd of group will be aware the relevant WA legislation, I must admit to
not having chased this up at a national level.

Should we do so?

For what category or road?  'Just' freeway/motorway???

Personally I'd go for some from of 'mandifcation' on the matter - but
'workability' would concern other folk.  Perhaps then a generic advisory to
do the polite thing in handbooks would not go astray?

JP
Bernd Felsche - 27 Apr 2004 06:08 GMT
>> On another forum a statement has been made-

>> "There is provision in the traffic act (all states) to book
>> people travelling at 80kph (or slower) in a 100 zone (single
>> lane). Luckily this is at the discretion of the officer at the
>> time and usually depends on the amount of havoc you are causing
>> behind you."

>WA has legislation seperate to the Australian Road Rules on the matter.
>This is also advised in their current driver manual which you can download
>on the Web.  Look at the section relating to freeway's.

>NB - Advice in a handbook does not necessarily reflect accurately or
>effectively applied legislation.

>Bernd of group will be aware the relevant WA legislation, I must admit to
>not having chased this up at a national level.

Applies only to "Freeway".

http://www.slp.wa.gov.au/statutes/regs.nsf/3c0405a7241b5fe648256810003b1b1d/4924
3df719300861482569930032b42c?OpenDocument


(URL may go stale)

    12. Minimum speeds on freeways

    In a freeway speed zone, a person shall not drive a vehicle
    at a speed that is more than 20 km/h below the speed limit
    unless -

    (a) traffic congestion prevents the person from driving the
    vehicle at a speed that is within 21 km/h of the speed
    limit; or

    (b) for any other reason, it is unsafe or imprudent for the
    person to drive the vehicle at a speed that is within 21
    km/h of the speed limit.

    Modified penalty: 1 PU

There are several freeway-class roads around; there used to be more
but the government has marked the emergency stopping lanes as
cycle-ways. Only two roads are labelled "freeway".

>Should we do so?

>For what category or road?  'Just' freeway/motorway???

All dual-carriageways with speed limits of 80 km/h or greater.

>Personally I'd go for some from of 'mandifcation' on the matter -
>but 'workability' would concern other folk.  Perhaps then a generic
>advisory to do the polite thing in handbooks would not go astray?
Signature

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Shane - 27 Apr 2004 10:15 GMT
> On another forum a statement has been made-
>
[quoted text clipped - 6 lines]
>
> Marvin the Doubter.

I have never read anything about this provision. I would really have to look
it up when I get back to work because I know most states didn't agree on
many issues when compiling the AAR's. Realistically, each state still has
their own traffic laws.
Spooky - 27 Apr 2004 11:43 GMT
> On another forum a statement has been made-
>
[quoted text clipped - 4 lines]
>
> Anyone with real knowledge on this one? Urban Myth? (My guess).

Well, I've been trying for weeks to reply to aus.cars, but bigpond cable
is having some sort of glitch with its server.  Anyway, I'll try again.
Definitely an urban myth.  Although if the car doing 80 in a 100 zone
is causing all sorts of traffic chaos, a neg drive may (MAY) be appropriate.

Spooky
feral - 27 Apr 2004 11:49 GMT
>>On another forum a statement has been made-
>>
[quoted text clipped - 14 lines]
>
> Spooky

Bugger, they're *both* back. ;-)
Emerging from the BigBog. :-P
Signature

Take Care.
Feral

Spooky - 27 Apr 2004 13:10 GMT
> >>On another forum a statement has been made-
> >>
[quoted text clipped - 12 lines]
> > Definitely an urban myth.  Although if the car doing 80 in a 100 zone
> > is causing all sorts of traffic chaos, a neg drive may (MAY) be appropriate.

> > Spooky
> >
> Bugger, they're *both* back. ;-)
> Emerging from the BigBog. :-P

Wholly cow!  My posts are getting through now?
Or was this a figment of Bigpond's imagination? :))

Spooky
feral - 27 Apr 2004 13:25 GMT
> Wholly cow!  My posts are getting through now?
> Or was this a figment of Bigpond's imagination? :))

Ven are yuz goings to lernz zat ze German newz serverz
are zuperia to ze LargenLaken shitz eh dumbcopf. :-P

Signature

Take Care.
Feral

D Walford - 27 Apr 2004 17:57 GMT
> > > "Marvin The Paranoid Android" <nospaamforme@hotmail.com> wrote in
> message
[quoted text clipped - 26 lines]
> Wholly cow!  My posts are getting through now?
> Or was this a figment of Bigpond's imagination? :))

I thought it had been rather quiet around here for a while, guess we
just found out why:-)

Daryl
Ken Oaf - 27 Apr 2004 12:11 GMT

>  
> Well, I've been trying for weeks to reply to aus.cars, but bigpond cable
> is having some sort of glitch with its server.  Anyway, I'll try again.
> Definitely an urban myth.  Although if the car doing 80 in a 100 zone
> is causing all sorts of traffic chaos, a neg drive may (MAY) be appropriate.

To escape from the big swamp news server, get thee to http://www.individual.net/
and sign up for a FREE usenet account.  You can use the free account from any
ISP.
Toby Ponsenby - 27 Apr 2004 13:05 GMT
<| Ken Oaf |> did write on  27Apr2004 at 9:11:31 PM
> To escape from the big swamp news server, get thee to http://www.individual.net/
> and sign up for a FREE usenet account.  You can use the free account from any
> ISP.

I'll second that.
Bloody awful if we go to the trouble of attacking you and you can't get
back at us because Tel$tra can't manage a simple news server - especially
when they pass the parcel for the fault for a few weeks just to verify
their incompetence.

Signature

Toby
quidquid latine dictum
sit, altum viditur
Warning: All posts to be treated with a grain of salt.
By Order
K.K.

Spooky - 27 Apr 2004 13:27 GMT
> > Well, I've been trying for weeks to reply to aus.cars, but bigpond cable
> > is having some sort of glitch with its server.  Anyway, I'll try again.
[quoted text clipped - 4 lines]
> and sign up for a FREE usenet account.  You can use the free account from any
> ISP.

Ken, I've emailed them twice to register and have now been waiting for
about 3 weeks for them to send me a user name and password.

Spooky
D Walford - 27 Apr 2004 17:59 GMT
> > On Tue, 27 Apr 2004 10:43:29 GMT, "Spooky" <spooky24042@hotmail.com>
> wrote:
[quoted text clipped - 13 lines]
> Ken, I've emailed them twice to register and have now been waiting for
> about 3 weeks for them to send me a user name and password.

I suspect they got a large amount of emails when BigPond's newserver
dropped its bundle, it may take a while to register but it will be worth
the wait.

Daryl
D Walford - 27 Apr 2004 17:55 GMT
> Well, I've been trying for weeks to reply to aus.cars, but bigpond cable
> is having some sort of glitch with its server.  Anyway, I'll try again.
> Definitely an urban myth.  Although if the car doing 80 in a 100 zone
> is causing all sorts of traffic chaos, a neg drive may (MAY) be appropriate.

Is there such a charge as obstructing traffic or would that be called
neg driving?

Daryl
Spooky - 27 Apr 2004 22:33 GMT
> > Well, I've been trying for weeks to reply to aus.cars, but bigpond cable
> > is having some sort of glitch with its server.  Anyway, I'll try again.
[quoted text clipped - 3 lines]
> Is there such a charge as obstructing traffic or would that be called
> neg driving?

Depending on whether it was done on purpose or blindly out of sheer
ignorance, would determine whether it was negligent or some other
offence, from menacing driving to dangerous driving.

Spooky
tinkerbell - 28 Apr 2004 06:42 GMT
>  
> > > Well, I've been trying for weeks to reply to aus.cars, but bigpond cable
[quoted text clipped - 11 lines]
>
> Spooky

um, wrong Spooky.

125 Unreasonably obstructing drivers or pedestrians
(1) A driver must not unreasonably obstruct the path of another driver
or a pedestrian.
Offence provision.
Note Driver includes a person in control of a vehicle — see the
definition of drive in the dictionary.
(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).

Example of a driver driving abnormally slowly
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.

from ARR's

t..
Spooky - 28 Apr 2004 09:23 GMT
> > > > Well, I've been trying for weeks to reply to aus.cars, but bigpond cable
> > > > is having some sort of glitch with its server.  Anyway, I'll try again.
[quoted text clipped - 30 lines]
> 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.

Yes, that's right.  So, he would get a neg drive or a manner dangerous,
or a menacing driving.  There's no offence called "Driving too slowly",
even though this in istself CAN be an offence.  It's like there is no
offence
called "spitting on someone", even though the Crimes Act forbids it.
They would simply be charged with asault.

So, I'm not wrong.

Spooky
Scribble - 28 Apr 2004 12:06 GMT
> So, I'm not wrong.
>
> Spooky

Didn't think that was probable ;=)

cheers
Steve
tinkerbell - 29 Apr 2004 01:17 GMT
> > "Spooky" <spooky24042@hotmail.com> wrote in message
>  news:<ikAjc.882$TT.407@news-server.bigpond.net.au>...
[quoted text clipped - 48 lines]
>
> Spooky

yes you are, the question was:

> > > > Is there such a charge as obstructing traffic or would that be called
> > > > neg driving?

the answer is yes, there is a charge and it is rule 125 of the ARR's
titled "Unreasonably obstructing drivers or pedestrians"
Neil Fisher - 28 Apr 2004 23:15 GMT
[snip]

>Depending on whether it was done on purpose or blindly out of sheer
>ignorance, would determine whether it was negligent or some other
>offence, from menacing driving to dangerous driving.

And, I suspect, there'd be a fair bit more lattitude given to the slow
driver - more benefit of the doubt type stuff, more chance of a
warning rather than a ticket, that sort of thing, yeah?

Neil
---
Neil Fisher / Bob Young
Thundercords
personal opinion unless otherwise noted.
Looking for spark plug leads?
Check out http://www.magnecor.com.au
Spooky - 28 Apr 2004 23:39 GMT
> [snip]
>
[quoted text clipped - 5 lines]
> driver - more benefit of the doubt type stuff, more chance of a
> warning rather than a ticket, that sort of thing, yeah?

Exactly.

Spooky
Neil Fisher - 30 Apr 2004 07:15 GMT
>> [snip]
>>
[quoted text clipped - 7 lines]
>
>Exactly.

I'm gonna have to get serious about looking you guys up. When is your
shift change, or is that a state secret? ;-)

Neil
---
Neil Fisher / Bob Young
Thundercords
personal opinion unless otherwise noted.
Looking for spark plug leads?
Check out http://www.magnecor.com.au
Spooky - 30 Apr 2004 07:54 GMT
> >> [snip]
> >>
[quoted text clipped - 10 lines]
> I'm gonna have to get serious about looking you guys up. When is your
> shift change, or is that a state secret? ;-)

Shift change is 3.30pm and 11.30pm.......no secret :-)

Spooky
 
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