Read the first link. It refers to the section you quoted and outlines the provision for car confiscation for breaches of that section. Also if you read through the test cases you will see that they do indeed confiscate the car.
Cheers, Chris > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]] On Behalf Of Rick White > Sent: Monday, 22 April 2002 4:00 PM > To: [EMAIL PROTECTED] > Subject: RE:Andrew/Legal matters > > > Andrew. > I read it as this. > > (1) A person must not, on a road or road related area, > operate a motor vehicle > in such a manner as to cause the vehicle to undergo sustained > loss of traction > by one or more of the driving wheels (or, in the case of a > motor cycle, the > driving wheel) of the vehicle. > Maximum penalty: 5 penalty units. > > So you should get a fine or some thing not loose your ccar. > > Godd luck. > Rick White. > > > > --- "Chris Howard" <[EMAIL PROTECTED]> wrote: > >Damn Police State :O( > > > >Majorly bad news Andrew, After reviewing the legislation, I > suggest you > >move your car to a trusted friends garage immediately. The > relevant laws > >and previous case notes I found are below. > > > >As far as I read it, they can only confiscate the car within > 10 days of > >the burnout offence. If they can't find it within 10 days.... They > >cannot force you to tell them where it is either without a court > >subpoena. And they cannot look in your garage without a > search warrant > >issued under Section 41 below. And then if it's not there > they have to > >guess where it is and get another search warrant etc. > > > >Relevant Legislation: > > > >ROAD TRANSPORT (GENERAL) ACT 1999 > >Section 39 Removal and impounding of vehicles used for > certain offences > >http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s39.html > > > >Section 40 Impounding or forfeiture of vehicles on finding > of guilt or > >admission of offence > >http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s40.html > > > >Section 41 Search warrants > >http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s41.html > > > > > >ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 > >Section 40 Races, attempts on speed records and other speed trials > >http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma19994 > 12/s40.html > > > >Section 41 Conduct associated with road and drag racing and other > >activities > >http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma19994 > 12/s41.html > > > > > >Previous Case Notes: > > > >Boulton -v- Commissioner of Police, New South Wales Police Service > >[2000] NSWADT 135 (27 September 2000) > >http://www.austlii.edu.au/au/cases/nsw/NSWADT/2000/135.html > > > >Anthony -v- Commissioner of Police, New South Wales Police Service > >[2000] NSWADT 155 (7 November 2000) > >http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWADT > /2000/155.h > >tml > > > >Downes v DPP [2000] NSWSC 1054 (16 November 2000) > >http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/suprem > e%5fct/2000 > >/1054.html > > > >Good luck, > > > >Chris > > > >> -----Original Message----- > >> From: [EMAIL PROTECTED] > >> [mailto:[EMAIL PROTECTED]] On Behalf Of > >> Andrew Denniss > >> Sent: Sunday, 21 April 2002 5:18 PM > >> To: [EMAIL PROTECTED] > >> Subject: Legal matters > >> > >> > >> Hi guys what a prick of a day Ive had no sleep (young fella > >> crook) early > >> start at work and then on way home I hit a pothole at low > speed around > >> town and stuff a tyre bending the rim too :( so I get out > >> change it get > >> going decide I need to let some steam off and let rip up the > >> road not a > >> burnout just excelerating hard and Fme what come up behind > >> and pulls me > >> over My local non freindly police man he gets my details > and tells me > >> they will be around next week to confiscate the car!!!Just > wondering > >> what would be my best plan of attack?? he was ther taking > pics of the > >> black marks only a bit in 1st a bit more in 2nd and a tad > in 3rd :(at > >> that time realized they had come around the bend. > >> Andrew > >> PS: will a good driving record help?? > >> > > --membersozdat------------------------------------------------------- OZDAT Mailing List Please Note:- Send (un)subscribe requests to [EMAIL PROTECTED] Send submissions to [EMAIL PROTECTED] No unauthorised redistribution of this email http://www.ozdat.com/ozdatonline/index.htm http://www.ozdat.com/ozdatonline/listindex.html http://www.mail-archive.com/[email protected]/ ---------------------------------------------------------------------
