Drink driving laws on private property; state by state.....

[4Vman]

With the new hoon laws now covering drink driving offenses and the confusion created and encouraged elsewhere about the ACCURATE laws in each state maybe its time to clarrify the FACTS before someone inadvertently looses their license or car through WRONGLY following poor advice....

For Victoria it is illegal to drink drive on private property, what about other states?

[flappist]

http://www.police.qld.gov.au/program...inkDriving.htm

[4Vman]

Originally Posted by flappist

http://www.police.qld.gov.au/program...inkDriving.htm

Ahhh... Cool. Ok Vic and qld seem more or less covered! What about others?

[pottery beige]

SA the state of confusion.. had a google.. i can be done ****ed skateboarding or in control of an animal... maybe a talkative one with slurred speech.. hard to poke around websites with this cheap nokia un computery type like device.....

[adelaidecrows02]

Originally Posted by pottery beige

SA the state of confusion.. had a google.. i can be done ****ed skateboarding or in control of an animal... maybe a talkative one with slurred speech.. hard to poke around websites with this cheap nokia un computery type like device...... Honk!..

what if you put that animal safely to bed

[pottery beige]

Originally Posted by adelaidecrows02

what if you put that animal safely to bed

as long as you took it too bed and not the backseat.. should be ok....

[Mickxr8]

seems like a grey area over here
http://www.austlii.edu.au/au/legis/w...000113/s4.html

I was/still under the impression that what happens on private property is
fai game ?

[Riksta]

Found this for SA, can't find much on the whole private property bit but still searching:

http://www.dassa.sa.gov.au/site/page.cfm?u=124

And yeah Mr Beige, you're right... "The DUI offence also applies to people on skateboards and rollerblades, cyclists, riders of animals and drivers of vehicles drawn by animals; offenders are likely to be fined."

[burnz]

i cant find the RTA one, but from early day DMR 0.08 limit was used.
the police could not fine you for being drunk driver on private property, but you were charged with the "self harm act".
you were locked up till mornig and had to see a physiatrist to see if you were suicidal.

[SteveJH]

NSW Police site redirects to the RTA.

http://www.rta.nsw.gov.au/roadsafety...ing/index.html

Only thing I could find on the legislation site was the transport act and regulation, which relates to trucks and buses etc. Couldn't find a "traffic act", what else could it be called?

edit: Its "Road Rules 2008"
http://www.legislation.nsw.gov.au/ma...79+2008+cd+0+N

Division 1 Roads and road related areas

11 Rules apply to vehicles and road users on roads and road related areas

(1) These Rules apply to vehicles and road users on roads and road related areas.
Note. Road is defined in rule 12, road related area is defined in rule 13, road user is defined in rule 14, and vehicle is defined in rule 15.
(2) Each reference in these Rules (except in this Division) to a road includes a reference to a road related area, unless otherwise expressly stated in these Rules.
Examples for subrule (2).
1 A reference in rule 146 (which deals with driving within a single marked lane or line of traffic) to the road includes a reference to the road related area of the road.

2 A reference in rule 200 (1) (which deals with certain heavy or long vehicles stopping on roads) to a length of road includes a reference to the road related area of the length of road.

3 A reference in rule 31 (which deals with starting a right turn from a road, except a multi-lane road) to a road does not include a reference to a road related area, because of the definition in subrule (5) of that rule.

12 What is a road

(1) A road is an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
Note. Motor vehicle is defined in the Dictionary.
(2) However, unless the contrary intention appears, a reference in these Rules (except in this Division) to a road does not include a reference to:
(a) an area so far as the area is declared, under another law of this jurisdiction, not to be a road for these Rules, or
(b) any shoulder of the road.
Note. The Minister administering the Road Transport (General) Act 2005, may, by order under section 15 of that Act, declare that provisions of the road transport legislation do not apply to a road or road related area or do apply to a specified area of the State that is open to or used by the public. The road transport legislation includes these Rules.
(3) The shoulder of the road includes any part of the road that is not designed to be used by motor vehicles in travelling along the road, and includes:
(a) for a kerbed road—any part of the kerb, and
(b) for a sealed road—any unsealed part of the road, and any sealed part of the road outside an edge line on the road,
but does not include a bicycle path, footpath or shared path.
Note. Bicycle path is defined in rule 239, edge line and footpath are defined in the Dictionary, and shared path is defined in rule 242.
13 What is a road related area

(1) A road related area is any of the following:
(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road,
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.
Note. Vehicle is defined in rule 15.
(2) However, unless the contrary intention appears, a reference in these Rules (except in this Division) to a road related area includes a reference to:
(a) an area so far as the area is declared, under another law of this jurisdiction, to be a road related area for these Rules, or
(b) any shoulder of a road, or
(c) any other area that is a footpath or nature strip as defined in the Dictionary,
but does not include a reference to an area so far as the area is declared, under another law of this jurisdiction, not to be a road related area for these Rules.

If i'm reading that correctly, as long as the generaly public does not have access, if its on private property, it doesnt count? I only skimmed through it though, so I could be wrong.

Edit:

And just for the queenslanders visiting NSW

40 Making a U-turn at an intersection with traffic lights

A driver must not make a U-turn at an intersection with traffic lights unless there is a U-turn permitted sign at the intersection.

Maximum penalty: 20 penalty units.


Note. Intersection and traffic lights are defined in the Dictionary.

[irlewy86]

Originally Posted by SteveJH

And just for the queenslanders visiting NSW

The law is the same in Qld. Has been for going on 10 years.

[SteveJH]

Originally Posted by irlewy86

The law is the same in Qld. Has been for going on 10 years.

You wouldn't happen to know what the legislation is called would you? I might look it up....

[irlewy86]

Originally Posted by SteveJH

You wouldn't happen to know what the legislation is called would you? I might look it up....

http://www.gnl.com.au/index.php?action=view&view=146

Suprinsgly hard to find, my google skills are lacking.

The above link mentions the U-turn law was changed with the national act but remains illegal at (unsigned intersections).

[iliov]

Originally Posted by 4Vman

With the new hoon laws now covering drink driving offenses and the confusion created and encouraged elsewhere about the ACCURATE laws in each state maybe its time to clarrify the FACTS before someone inadvertently looses their license or car through WRONGLY following poor advice....

For Victoria it is illegal to drink drive on private property, what about other states?

How can this be possible? It's your own property you can do whatever you please on it.

[Jason[98.EL]]

Originally Posted by iliov

How can this be possible? It's your own property you can do whatever you please on it.

yep you can get done becaus there is actually laws about it see bellow

Jason

Originally Posted by 4Vman

:http://www.vicroads.vic.gov.au/Home...ngPenalties.htm

The bit you need to pay attention to:

"Drink driving offences are not limited to public roads. They can be committed on private property."


Driving a motor vehicle on land which is not a highway (e.g. private property not open to the public).

All of the usual drink driving laws apply to driving on private property.
All of the motor vehicle accident laws apply to accidents on private property.
The majority of driving laws do not apply on private property (e.g. seatbelts, speeding).
You are not obliged to state your name and address upon request unless you are found driving on a "highway".
You are not obliged to produce a drivers licence (or be licenced) unless you are found driving on a "highway".
A private road or driveway on a farm might still be a highway if it is open to the public for driving.
The offence of 'driving in a manner dangerous to the public' can be committed anywhere. Careless driving can be committed on a highway only.
Drink driving offences can be committed anywhere within the State, even in your locked garage.

[Mr Hardware]

so wait on
you can have a massive night
then get on your rideon the next morning to do your lawn
and get done for DUI?
**********

[RedHotGT]

Originally Posted by Mr Hardware

so wait on
you can have a massive night
then get on your rideon the next morning to do your lawn
and get done for DUI?
**********

I'm tipping that you're quite unlikely to be 'pulled over' or find a 'booze bus' on your regional property...

I think that we can all agree that ANY sort of drink driving, be it public/private property, borderline or otherwise, is dangerous and irresponsible...

Having said that... perhaps its like the copyright laws on taping/recording stuff from TV/Video... everyone knows its 'moderately illegal'... but no-one does anything about it

[StrokedXT]

Why would you want to drive drunk private property or not?

[Fev]

So if i'm reading 4VMANS quoted post above right, in VIC if the Cops find you trashing your paddock basher around your property they can fine you for 'driving in a manner dangerous to the public'.
Seems a bit rich...

[irlewy86]

Originally Posted by Fev

So if i'm reading 4VMANS quoted post above right, in VIC if the Cops find you trashing your paddock basher around your property they can fine you for 'driving in a manner dangerous to the public'.
Seems a bit rich...

Assuming they have the power to enter your property.

[UNR8D]

This is interesting, family had a farm up near Rollingstone FNQ and from 12-13 I learnt to drive in a paddock basher and thus included thrashing it, was told by the local HWP to simply drive in the paddocks and not on any gazetted roads or roads which lead directly to the main roadway.

further more, private property is only considered that if there is a lockable gate/fence around the property, if its able to be accessed by walking in then its still considered a public offence something to do with being sectioned off.. I will ask a family member who is a 'SC' about this over the weekend and post the results.

[Road Games]

Originally Posted by UNR8D

This is interesting, family had a farm up near Rollingstone FNQ and from 12-13 I learnt to drive in a paddock basher and thus included thrashing it, was told by the local HWP to simply drive in the paddocks and not on any gazetted roads or roads which lead directly to the main roadway.

I totally agree with this , the Emerald coppers are a different breed - typical country cops.
I still am friends with some of them and catch up whenever i go back to Blackwater...

Cheers Daz.

[FPV8U]

Not that I'm a supporter of DUI in anyway but would police have the authority to demand a Breath test on private property?

What if the owner instructed them to leave his land, intoxicated or not?

I think driving manner dangerous on private land is a bit rich, hell the old mans F350 doing 130km/h up the "Back Straight" in our paddock would have got some attention..

[302 XC]

Failing to supply a breath test,can be an offence
Police and council can come on your property whenever they like
You can ask them to leave ,if they have a reason to be there, im sure they wont leave
The council and/or police cannot be done for tresspass (do correct me if wrong,thats what a local lad told me)
You can be done If you are in the vehicle and the keys are on your person or near you
Even if you are asleep behind the wheel and intoxicated

Remember the slogan
Drink and drive your a bloody idiot
No true words spoken

[UNR8D]

so my question is...

if you go out clubbing, your intoxicated but have your carkeys on your housekeys can you get done with the same 'intent' ruling dispite being nowhere near your car?

be the same as being on your own property having a few while working on your car and simply moving it down the drive/backyard once your finished.

[4Vman]

Originally Posted by UNR8D

so my question is...

if you go out clubbing, your intoxicated but have your carkeys on your housekeys can you get done with the same 'intent' ruling dispite being nowhere near your car?

be the same as being on your own property having a few while working on your car and simply moving it down the drive/backyard once your finished.

Scenario 1) My understanding is if you're inside your car and have your keys either in your possession or in the ignition you are at risk of being prosecuted....

The second scenario (moving car drunk while in backyard) is clear cut Drink Driving...

[FTE72]

Originally Posted by 4Vman

Scenario 1) My understanding is if you're inside your car and have your keys either in your possession or in the ignition you are at risk of being prosecuted....

The second scenario (moving car drunk while in backyard) is clear cut Drink Driving...

This is the correct practical application of DD law as told to me by a Qld Police member.

Just for another angle on the private property discussion, illegally "Modified" cars can be defected whilst within your property if they are registered for the road.(personally, this was the one I did not like, not concerned about DD in my garage)
Info from same Qld Police member.

[Jim Goose]

And only one person has bothered to actually post the QLD legislation which tells it CLEARLY that the ROAD RULES ONLY APPLY TO A ROAD..

NO ONE ELSE HERE has BOTHERED to show the revelevent LAW...
If you want to beat your drum please prove it.
Clearly someone has an axe to grind yet they havent bothered to GET OFF THEIR *** and show me the relevent legislation.

The law is CLEAR in QLD... Division 1 Roads and road related areas

11 Rules apply to vehicles and road users on roads and road related areas

Instead of creating more internet myths, please prove it.

Again some of you seem to think that only certain parts of the road laws apply on private land. Clearly NO ROAD rules apply on private land.
I can drive an un-registered vehicle on my property.
I can drive a modified car on my property.
I can drink drive in a registered/ unregistered vehicle on my property.

[flappist]

Originally Posted by Jim Goose

And only one person has bothered to actually post the QLD legislation which tells it CLEARLY that the ROAD RULES ONLY APPLY TO A ROAD..

NO ONE ELSE HERE has BOTHERED to show the revelevent LAW...
If you want to beat your drum please prove it.
Clearly someone has an axe to grind yet they havent bothered to GET OFF THEIR *** and show me the relevent legislation.

The law is CLEAR in QLD... Division 1 Roads and road related areas

11 Rules apply to vehicles and road users on roads and road related areas

Instead of creating more internet myths, please prove it.

Again some of you seem to think that only certain parts of the road laws apply on private land. Clearly NO ROAD rules apply on private land.
I can drive an un-registered vehicle on my property.
I can drive a modified car on my property.
I can drink drive in a registered/ unregistered vehicle on my property.

And that would be ME....

Although if you actually read the link you might notice this bit:

Sections 79, 79A and 80 under Part 3 of the Transport Operations (Road Use Management) Act 1995 (TORUM) are the applicable sections in relation to your query. Section 79A defines the three alcohol limits. Section 79 (2A) creates an offence for a person under the age 25 who does not hold an open licence, if they exceed zero. Section 79 (2) creates an offence for a person if they exceed the general limit, i.e. equal or exceed .050. Section 79 (2B) & (2C) creates an offence when driving etc certain classes of vehicles with a blood/breath alcohol concentration greater than zero (trucks, buses, B-doubles). Section 79 (11) identifies where the offences apply to, i.e. road or elsewhere. Elsewhere can be a car park, private property or a mining site.

[Jim Goose]

Originally Posted by flappist

And that would be ME

Sections 79, 79A and 80 under Part 3 of the Transport Operations (Road Use Management) Act 1995 (TORUM) are the applicable sections in relation to your query. Section 79A defines the three alcohol limits. Section 79 (2A) creates an offence for a person under the age 25 who does not hold an open licence, if they exceed zero. Section 79 (2) creates an offence for a person if they exceed the general limit, i.e. equal or exceed .050. Section 79 (2B) & (2C) creates an offence when driving etc certain classes of vehicles with a blood/breath alcohol concentration greater than zero (trucks, buses, B-doubles). Section 79 (11) identifies where the offences apply to, i.e. road or elsewhere. Elsewhere can be a car park, private property or a mining site.

For godsakes.... READ THE ACT.
Private Property is not covered by THE ROAD ACT.

We are NOT TALKING ABOUT CARPARKS....

A mine site is not open to the public, however its access roads depending on certain things may be defines as PUBLIC ACCESS roads.

Again... READ THE ACT
If you dont want to read it..
If you dont want to look up the law and PROVE it to me then dont come and tell the members here and create hysteria for no reason