30 April 2013

Facebooking burnout video fail

| johnboy
Join the conversation
17

ACT Policing has seized and impounded a purple Ford Falcon utility after footage of the vehicle doing burnouts in Amaroo was posted on Facebook.

Last Friday evening (26 April) the registered owner of the vehicle, a 19-year-old man from Chisholm, posted the video to their Facebook account.

The video, recorded earlier that same day, depicts the Ford Falcon performing burnouts in a public carpark off Horse Park Drive, near Amaroo School playing fields.

Station Sergeant Jeff Knight said, “Police were able to identify the vehicle from the footage and contacted the registered owner. The vehicle was subsequently seized and impounded at the Exhibit Management Centre.”

Under Section 5 of the Road Transport (Safety and Traffic Management) Act 1999, police may seize vehicles for offences of unauthorised street racing, speed trials, burnouts and menacing driving. Vehicles can be seized for up to 90 days for a first offence and may be seized and forfeited to the Territory for a second offence if ordered by the Courts.

“This is just one example of the role social media now plays in policing.

With mobile recording devices readily available, incidents such as this are being recorded and posted on social media websites more frequently.

Many social media sites are not private and footage is readily available to the public and to the police,” said Sergeant Knight.

The driver of the vehicle will be summonsed appear before the ACT Magistrates Court next month.

If you see any anti-social behaviour or dangerous driving in your area, contact ACT Policing Operations immediately on 131-444.

Join the conversation

17
All Comments
  • All Comments
  • Website Comments
LatestOldest

buzz819 said :

If you had of scrolled down a little bit on, Road Transport (Safety and Traffic Management) Act 1999, you would have seen “Division 2.3 Seizure, impounding and forfeiture of vehicles for certain offences” then scrolling down a little further Division 2.3 10C Powers of police officers to seize and impound vehicles used in committing certain offences./quote]

Thanks for that. I’ll pass it on the Police. No doubt they’ll be relivved to find out that they haven’t been seizing vehicles illegally. Perhaps they’ll even correct their media releases of February 6, February 7 and 30 April.

The Police have updated their media release. Instead of referring to Section 5, it now says:
“Under Part 2, Section 5(B) of the Road Transport (Safety and Traffic Management) Act 1999, police may seize vehicles for offences of unauthorised street racing, speed trials, burnouts and menacing driving. Vehicles can be seized for up to 90 days for a first offence and may be seized and forfeited to the Territory for a second offence if ordered by the Courts.”

Section 5(B) provides for penalties of up to 30 penalty units, and that allows the police to seize the vehicle. It has a Note that says, “Automatic licence disqualification applies to an offence against this
section (see Road Transport (General) Act 1999, s 63). Section 63 provides for licence disqualification and requires a decision of a court. It does not permit the police to seize a vehicle.

I have asked the police to explain what legislation authorises them to seize vehicles.

If you had of scrolled down a little bit on, Road Transport (Safety and Traffic Management) Act 1999, you would have seen “Division 2.3 Seizure, impounding and forfeiture of vehicles for certain offences” then scrolling down a little further Division 2.3 10C Powers of police officers to seize and impound vehicles used in committing certain offences.

Hope that helps.

Leon said :

Section 5(B) provides for penalties of up to 30 penalty units, and that allows the police to seize the vehicle.

CORRECTION: Section 5(B) provides for penalties of up to 30 penalty units, and DOES NOT AUTHORISE police to seize vehicles.

Must learn to think before I type!

The Police have updated their media release. Instead of referring to Section 5, it now says:
“Under Part 2, Section 5(B) of the Road Transport (Safety and Traffic Management) Act 1999, police may seize vehicles for offences of unauthorised street racing, speed trials, burnouts and menacing driving. Vehicles can be seized for up to 90 days for a first offence and may be seized and forfeited to the Territory for a second offence if ordered by the Courts.”

Section 5(B) provides for penalties of up to 30 penalty units, and that allows the police to seize the vehicle. It has a Note that says, “Automatic licence disqualification applies to an offence against this
section (see Road Transport (General) Act 1999, s 63). Section 63 provides for licence disqualification and requires a decision of a court. It does not permit the police to seize a vehicle.

I have asked the police to explain what legislation authorises them to seize vehicles.

My point at #1 was to question what the rules of evidence regarding facebook posts are? What lengths will the plod go to in an effort to identify the said arse?
What if a third party for example posts on someone’s fb page and that becomes a part of enquiries?
Will a burnout on facebook that occurred five years ago and one that actually occurred and was posted yesterday be treated the same way?
I am all for peeps who are perps being made to pay but what are the rules? (Source required C&GN)
Seizing someone’s property is a pretty serious step to take in the pursuit of law and order (pun intended) as this person in WA found out. How could they not have a dispute resolution process in place?

http://news.smh.com.au/breaking-news-national/police-seize-perth-doctors-lamborghini-20100107-lwlc.html

Jivrashia said :

Pork Hunt said :

If I take a photo of my bare butt and post it on face book, will they arrest me for indecent exposure?

Duh, you have to be cunning like this to expose yourself in public and get away with it.

Let me guess, his nick name is tripod for a couple of reasons?

Tooks said :

dks00k said :

So In theory, if I film the moron up the road that does the same thing in our street, and take the said video footage of the vehicle down to the local police station, they will follow the same process and impound the vehicle???

Yeah right………

People have done just as you’ve suggested and vehicles have been impounded. But I guess it’s easier to keep that chip on your shoulder and find any excuse not to get off your arse and do something about it.

Right. Nice piece of work aren’t you?

People have done just as I suggested only to be told that there is nothing that can be done about it.

I suggest you have the chip on your shoulder if you feel the need to get on here and abuse others without any cause. Whats all that about?

Pork Hunt said :

If I take a photo of my bare butt and post it on face book, will they arrest me for indecent exposure?

Duh, you have to be cunning like this to expose yourself in public and get away with it.

dks00k said :

So In theory, if I film the moron up the road that does the same thing in our street, and take the said video footage of the vehicle down to the local police station, they will follow the same process and impound the vehicle???

Yeah right………

People have done just as you’ve suggested and vehicles have been impounded. But I guess it’s easier to keep that chip on your shoulder and find any excuse not to get off your arse and do something about it.

dks00k said :

So In theory, if I film the moron up the road that does the same thing in our street, and take the said video footage of the vehicle down to the local police station, they will follow the same process and impound the vehicle???

Yeah right………

Put it on youtube or facebook with comments about how its ‘fully sik’ and that the funstoppers will never catch you.

So In theory, if I film the moron up the road that does the same thing in our street, and take the said video footage of the vehicle down to the local police station, they will follow the same process and impound the vehicle???

Yeah right………

Put it on YouTube and let us know. You never know your luck!

Under Section 5 of the Road Transport (Safety and Traffic Management) Act 1999, police may seize vehicles for offences of unauthorised street racing, speed trials, burnouts and menacing driving.

I shall, hence forth, submit frequent letters requesting authorisation.

Last Friday evening (26 April) the registered owner of the vehicle, a 19-year-old man from Chisholm, posted the video to their Facebook account.

I know the police always like to be vague in their press statements, and have a habit for mangling the English language, but having established that the owner is a man, why not his Facebook account?

Pork Hunt said :

If I take a photo of my bare butt and post it on face book, will they arrest me for indecent exposure?

You mean that’s not a photo of you on RiotACT?

Section 5 of the ACT Road Transport (Safety and Traffic Management) Act 1999 says:
“A note included in this Act is explanatory and is not part of this Act. “

????

http://www.legislation.act.gov.au/a/1999-80/default.asp

If I take a photo of my bare butt and post it on face book, will they arrest me for indecent exposure?

Daily Digest

Want the best Canberra news delivered daily? Every day we package the most popular Riotact stories and send them straight to your inbox. Sign-up now for trusted local news that will never be behind a paywall.

By submitting your email address you are agreeing to Region Group's terms and conditions and privacy policy.