Who can pull you over?

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NiSig
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Who can pull you over?

Post by NiSig »

G'day all,

I'm hoping someone can clarify this:

Besides Police, which other agencies/officials can direct you to pull over while driving if you are allegedly breaching a non-traffic law or by-law?

Council Rangers?
Park Rangers?
ACMA?
Customs?
Fisheries?
Other Government Departments/Officials?

I am of the opinion that none of the above can because they would not be empowered to direct or divert traffic. Or would they? I am open to correction on this.
"Roger that, NiSig out"

Dave
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TLD11
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Re: Who can pull you over?

Post by TLD11 »

Funny you mention that, because 2 saturdays ago i saw the old Bedford fire truck that does kids parties/rides in North lake Road Myaree. As it turned the corner (with kids on board!) into Marmion street the C.O.M. Ranger that was behind him turned on their rotating lights in what seemed like an attempt to pull him over.The truck was topping out at about 30kph & so was the ranger! Not sure how it ended up as i was driving away from them - but had a laugh anyway!!

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Re: Who can pull you over?

Post by Zebedee »

The Transport Inspectors (Main Roads) can pull over vehicles. There was a thread about it some time ago...

http://warsug.info/viewtopic.php?t=6167
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Re: Who can pull you over?

Post by robbage »

I've heard a discussion about fisheries... supposedly they can pull you over if there's reasonable belief that you have been fishing or diving. That would be for the purposes of inspecting for undersize or other illegal catch. I guess if you're pulling away from a beach or river with a boat in tow then you would be a good target. They'd have a hard time justifying it if you're leaving the Kalgoorlie airport carpark :-)
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NiSig
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Re: Who can pull you over?

Post by NiSig »

I'm aware that the Transport Inspectors can pull you over, that makes perfect sense. I'm asking specifically about if you allegedly breach a law that has nothing to do with operating a motor vehicle.

Apparently the Transport Inspectors (or Mermaids as the truckies call them) latest revenue-raising trick is to yellow sticker the prime mover when there is something allegedly wrong with the trailer(s) its pulling, even though its a seperately registered vehicle(s) and may not even be owned by the person driving the prime mover. Hmmm... :?
"Roger that, NiSig out"

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dazla
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Re: Who can pull you over?

Post by dazla »

I doubt that is accurate, unless there is a defect with the prime mover then it wouldn't be issued with a compliance notice.

The other agency that can pull you over, other than WApol, is the AFP if you were in proximity to the airport.
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NiSig
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Re: Who can pull you over?

Post by NiSig »

Well I don't think the truckies I've heard talking about it are lying, not if they state it actually happened to them.

Anyway this thread is about being pulled over for non-traffic violations. I might clarify by asking some more specific questions:

Can a park ranger follow you out of a National Park and pull you over for allegedly doing something in the park you weren't supposed to?

Can a council ranger pull you over to check that the dog you're carrying in your car is registered?

Can the ACMA pull you over if they monitor you swearing on the radio?

These are the sorts of things I'm talking about. Also do you have to stop if you are directed to by a government official in a vehicle with no insignia or lights on it (say if they flash their headlights or gesture at you to stop)? Can they take your rego and fine you for not stopping even though you don't know who they are?

Hope this clarifies what I'm asking about.
"Roger that, NiSig out"

Dave
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modernmind
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Re: Who can pull you over?

Post by modernmind »

Local government rangers are empowered to stop vehicles under section 38(7) of the Control of Vehicles (Off-road Areas) Act 1978 if they reasonably believe the driver or the vehicle has contravened a provision of that Act. For example, if your committing an offence while driving in your 4x4 in the Gnangara pine forest or a park, beach or similar, then go onto the road, the ranger is empowered to stop you.

Inspectors appointed under the Animal Welfare Act 2002, being RSPCA staff and some regional local government rangers, are empowered under section 39(2)(a) of that Act to stop vehicles suspected of being involved in an offence under that Act.

Fisheries officers cannot generally stop vehicles, but when they are enforcing provisions relating to cruelty to fish (yes, it exists!) they can use all the powers of an inspector under the Animal Welfare Act 2002, thus can stop vehicles.

I don’t think customs officers can stop vehicles, although have the power to stop and board boats and aircraft. But I’m not too familiar with Commonwealth law so I may be wrong.

I don’t believe ACMA have the power to stop vehicles. Once again, not too familiar, so may be wrong.

Inspectors and authorised persons appointed under the Environmental Protection Act 1986 are empowered to stop vehicles under section 91A(1) of that Act, if they reasonably believe an offence has been, is being, or is going to be committed under that Act in relation to that vehicle.

There are a number of ‘wardens’ able to be appointed under the Road Traffic Act 1974 that have the power to stop vehicles and/or direct traffic. Some of these wardens are:

Traffic escort wardens – These are the guys that assist in the escort of oversize vehicles. These guys have the power to stop vehicles under section 53 of the Act and can also give directions to drivers under regulation 272 of the Road Traffic Code 2000. They can also give infringement notices for traffic offences.

Crossing attendants
– These are the old folks that stand outside schools and help kids cross the road. They have very limited powers to stop traffic so that people can cross the road. They must be wearing their hi vis vest to be able to exercise those powers.

Transport wardens
– Main Roads Transport Inspectors, Dept of Transport Taxi Compliance Officers, and Dept of Transport Vehicle Examiners are appointed as transport wardens. They have extensive powers to stop and inspect vehicles, direct traffic, demand name and address, give infringement notices for traffic offences.


FESA fire fighters
would be able to direct traffic under the Fire Brigades Act where necessary as they have extensive (pretty much unlimited) power to do anything they believe is necessary to control a fire.

Department of Environment and Conservation rangers
(i.e. park rangers) and land management officers are empowered under section 124(1)(a) of the Conservation and Land Management Act to stop and detain vehicles suspected of being involved in an offence under that Act.

Dangerous Goods Officers
appointed under the Dangerous Goods Safety Act are empowered to stop vehicles they suspect may be carrying dangerous goods. Although Main Roads Transport Inspectors enforce this Act under an agreement with the Dept of Mines and Petroleum.

Most security officers at universities are empowered under the university’s by-laws to direct traffic, but only within the grounds of the university. I know Murdoch Univeristy security officers used to fine people for speeding through the university.

Many other government facilities such as hospitals and the parliamentary reserve have by-laws which may give power to ‘authorised persons’ (usually security) to direct traffic within the confines of their respective facility.

There may even be a lot more people with the power to stop vehicles that I’m not aware of.

But I think the only people that you would get stopped by are police or transport inspectors. I don’t think the others, although empowered to do so, really exercise those powers, or even have the equipment to do so (magenta lights on their vehicles etc).


With regards to the yellow sticker on the prime mover thing. I can almost guarantee that a prime mover has never been issued a yellow sticker (defect notice/compliance notice) by a transport inspector for a defect on a trailer that it’s towing. Once exception, maybe, is the lights weren’t working on the trailer and the inspector believed the defect was actually in the cabling (or some other component) in the prime mover, not on the trailer.

Hope this info has been helpful in answering your question :D

modernmind
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Re: Who can pull you over?

Post by modernmind »

And in reponse to those specific questions...

Can a park ranger follow you out of a National Park and pull you over for allegedly doing something in the park you weren't supposed to?
Yes, i would imagine so

Can a council ranger pull you over to check that the dog you're carrying in your car is registered?
No

Can the ACMA pull you over if they monitor you swearing on the radio?
Not sure, but doubt it

Also do you have to stop if you are directed to by a government official in a vehicle with no insignia or lights on it (say if they flash their headlights or gesture at you to stop)?
I dont think the law touches on this, but you would likely have a defence in court if someone wearing no uniform and in a normal car directed you to pull over and you didnt, and they turned out to be a police officer, transport inspector or another person with the power to stop vehicles. But i dont imagine this would ever happen. You would hope the officer/inspector/ranger would know better than to attempt to stop a vehicle without the proper equipment/uniform.

Can they take your rego and fine you for not stopping even though you don't know who they are?
Depending on how they are empowered, they may be able to. I know if you fail to stop for a transport inspector or police officer, they will probably chase you and you will very quickly end up with many more flashing lights and sirens behind you. Otherwise, they'l take your rego and send the owner of the vehicle a 'request to identify driver' and get your details and send you a summons.

The others, even though they probably have the power to stop you, their ability to act or even find your identity from your vehicle rego is probably very limited. I imagine most of them would have to report the incident to police who would make enquiries.

NiSig
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Re: Who can pull you over?

Post by NiSig »

Thank you modernmind for your comprehensive replies, you even covered several I hadn't thought of! Thanks also to everyone else who contributed. I think we can now consider the topic closed unless anyone else has any last-minute additions to make.
"Roger that, NiSig out"

Dave
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Signalling Interest Group of WA
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