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Offensive Car stereo Fine 

 

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Posted: Fri Apr 06, 2007 1:10 pm 
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JOSE wrote:

TAX's under federal liberal government are low my a***, all these speeding fines and other BS are just an alternative to income tax and GST



um, GST is a federal govt tax, and speeding fines are state based 'taxes'

states receive more money under the gst than they did previously.

 

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Posted: Fri Apr 06, 2007 1:44 pm 
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68stang wrote:
outlawxr6 wrote:
People are booked all the time for speeding, how often are they actually booked for the speed that they were actually doing there is NO proof that on a given time that it was you that was doing the speed that they ALLEGE that you were doing, it even says alleged speed on the fine, it could have been someone elses reading.
Speed cameras are no better so why would expect anything else from tax collectors.........


Speeding fines are alot easier to debate. As for car stereo noise pollution, theres no way for me to proove it. The fact is my stereo can go 100dB+, theres no way for me to proove that i didnt have it cranked up fully at the time.the time.
get a reading of your system at the level you played at when booked,have it certifed as reference.then check the noise pollution laws,and new road rules -laws,may be able to argue this in court--as for calling him names-----keep your mouth shut,cant argue that one----may have a target on your back----they know where you live.he may be very biased and or told to enforce the law.ask a desk sargent about the laws and the interpretation to follow,or a rta office ---some one must know

 

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Posted: Fri Apr 06, 2007 2:34 pm 
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huggiebear wrote:
up here in QLD they are a little more sensable... our rules state if you can hear the words to the music outside the car with the windows UP then its too loud.


One of the (few) good things about Canberra, no laws regarding car stereos. Plus I don't listen to tracks with words. Me/concorde regularly take our cars out cruising with the stereos pumping, drive past coppers we'll often good dirty looks, but they can't do squat.

xhute0 wrote:
68stang wrote:
outlawxr6 wrote:
That is exactly my point and as in speeding fines it is simply your word against there's......
And they NEVER tell lies....


Ive had friends who have contested speeding fines and won. Also speeding tickets given by police that dont use a radar to clock you, will be overturned in court as they have no proof.


The reason you can contest a speeding fine (or any fine for that matter) is that you are innocent till proven guilty. So therefore if it is their word against yours (therefore they have no hard evidence) you have to win. Generally tho it costs more to contest it than the original fine.


Problem is you need to prove yourself innocent, the coppers word is good enough proof for the judge/prosecution.

68stang wrote:
It costs $68 to have it heard in court, and more if u hire a lawyer (Which i wouldnt bother), so its not too bad, especially if i win.


The catch here, is that if you loose, it's not just a fine, but you now have a criminal conviction - and record.

If it were just a fine, I'd say cop it sweet and pay. But since it's your license involved - fight it. If your driving record is good, use that. If you wallet was stolen, bring evidence you had to cancel your cards, get a new license etc. that'll get you off that fine. Bring up the Harley.

I am not a lawyer, but that's what I'd do. Just remember the risk of losing.

 

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Posted: Fri Apr 06, 2007 2:44 pm 
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if your music is to loud
chances are you wont hear a siren
you wont hear some one honk a horn

despite what you say
some d**k heads will hear a stereo, and want to drag the guy with it.
caus its sick bro.

and wicksy,
cops on the road,
they fight crimes on the road,
ie speeders, people with stereos that can be heard a click away..
and other s**t

the cops you dont see, fighting crime,
dont speak such bs...

 

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Posted: Fri Apr 06, 2007 3:17 pm 
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Out of interest was it a highway patrol cop or just a GD guy, because i've heard that the highway patrol guys are far more leniant and actually know the traffic laws they are meant to enforce wheras the general duties cops just pull people over and fine them for the stupidest of reasons.

Also you might consider a formal complaint against the cop, if you felt his behaviour was out of line. I can understand a police officer doing his duty but if they're being a jerk doing it then there's no excuse.
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Posted: Fri Apr 06, 2007 4:52 pm 
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Only one thing I can say to this:

Do the crime , do the time....and not knowing the law is no excuse...

I speed, if I get pulled over and booked, I am the idiot, not the cop, he is doing his job that we pay him to do.

If your stereo is heared outside the car its too loud...no excuses, just because most coppers will let you get away with it does not make it legal.

My coupes exhaust is way loud, 99% of the time I get away with it, a little while ago I got defected by the rta, not there fault, my fault for having a loud 3"dual system, and being in the wrong place at the wrong time...its a game sometimes they (the cops or rta) let us win, sometimes we get away with it, and some times we get busted...I have been breath tested, and the cop said, "car sounds really nice mate", then a few month later I got booked in the same situation, just depends who you get.

If your car has illegal mods (both of mine have), you are likely to get caught sooner or later, just be happy if it is later

Plus being a P plater with a modded car does not help, as chances are last friday night the same cop booking you probably dragged a couple of mangled and charred dead bodies out of a modded car wearing p plates, and then had to go and wake there parent up at 2 in the morning to tell them there son or daughter is in the morgue on ice.

So he probably feels like he is saving your life by taking by your license
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Posted: Fri Apr 06, 2007 5:52 pm 
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chewie_86 wrote:
Out of interest was it a highway patrol cop or just a GD guy, because i've heard that the highway patrol guys are far more leniant and actually know the traffic laws they are meant to enforce wheras the general duties cops just pull people over and fine them for the stupidest of reasons.

Also you might consider a formal complaint against the cop, if you felt his behaviour was out of line. I can understand a police officer doing his duty but if they're being a jerk doing it then there's no excuse.


not actually sure, but they were driving in a cruiser, an XR8, so im guessing they were highway patrol. Dunno
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Posted: Fri Apr 06, 2007 6:00 pm 
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A standard car stereo can be heard outside of the vehicle even at moderate to low levels, whilst I don't condone thumping around the place with music so loud that other people with their windows wound up can't hear themselves think it is a sign of the times that a plod can make a judgement that WILL be held up in court that it is too loud without any proof. Period!!!
In no there form of legal proceedings that I am aware of can you be charged without any proof, whether it be hand held radars or noise infringement there is no proof other than the word of the officer involved, it is simply their word against yours, and as far as the law goes you lie they don't.

Soon it will fall under the terrorist act......

 

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Posted: Fri Apr 06, 2007 6:11 pm 
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xb-coupe-351 wrote:
Only one thing I can say to this:

Do the crime , do the time....and not knowing the law is no excuse...

I speed, if I get pulled over and booked, I am the idiot, not the cop, he is doing his job that we pay him to do.

If your stereo is heared outside the car its too loud...no excuses, just because most coppers will let you get away with it does not make it legal.

My coupes exhaust is way loud, 99% of the time I get away with it, a little while ago I got defected by the rta, not there fault, my fault for having a loud 3"dual system, and being in the wrong place at the wrong time...its a game sometimes they (the cops or rta) let us win, sometimes we get away with it, and some times we get busted...I have been breath tested, and the cop said, "car sounds really nice mate", then a few month later I got booked in the same situation, just depends who you get.

If your car has illegal mods (both of mine have), you are likely to get caught sooner or later, just be happy if it is later

Plus being a P plater with a modded car does not help, as chances are last friday night the same cop booking you probably dragged a couple of mangled and charred dead bodies out of a modded car wearing p plates, and then had to go and wake there parent up at 2 in the morning to tell them there son or daughter is in the morgue on ice.

So he probably feels like he is saving your life by taking by your license


um dude, perhaps you should maybe read a few posts before you flap your gums :)

For starters, i never said anything about not knowing the law. I know all about the stupid boy racer laws they brought out in 2000, of which the offence i got fined for is one of them.

"If your stereo can be heard from outside the car then it is way too loud" Once again, completely not true. With the windows down just about ANY STOCK stereo can be heard from outside the car, and it doesnt even have to be pumping to do so.

Hell sitting in traffic if i have my windows down and the car next to me does too i can quite often listen to the conversation they are having in the car. The ability to hear sound comming from the car does not make it illegal nor offensive. The sound comming from my car was mostly high frequency, i had the LP filter on the H/u set to 50hz and its level set to -3, so the bass wasnt even audible from outside, and its usually the bass that sets the cops off because the DOOF DOOF is very penetrating.

Next off the bat, i was driving my x2 Excel, which is completely stock, right down to the exhast, so car had nothing to do with it. So he feels hes saving my life by taking my license? man sounds to me you are in the same mindset as that cop was, just a wanker on a power trip. In what way is he saving my life? i was driving an un-modded car home from work NORMALLY (not hooning or gunning it or w/e) listening to music. I wasnt harming anyone, nor was their even the potential to harm anyone.

I really dont care what you say, the cop was NOT doing his job by booking me on a highway in a f**k INDUSTRIAL AREA for having offensive car stereo. If there is noone there to be offended by it, HOW THE f**k IS IT OFFENSIVE. Thats not doing their job, thats just being a prick. In the hour that all this happened 20 people were probably speeding 20 k above the limit and a bunch of drunk drivers got away.

Im SICK of people saying "the police are just doing their job" and "they have a hard job" blah blah. Its a load of s**t. Whilst there are some truely good cops out there, who are actually doing their job, there are plenty more that are total pricks and on a powertrip. And i dont mean they are pricks for booking people for things like this. Its more than that. It wouldnt have been so bad getting booked, if he hadnt spoken to me as if i had just been caught selling smack to kids. In alot of the dealings i have had with cops, its the way they speak to you that really gets my goat, even if you havnt done anything wrong.
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Posted: Fri Apr 06, 2007 6:52 pm 
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Does not matter how many people are there to hear it, or what time of day it is, or what a stock stereo does and what hz your hu does, rules are rules, we might not like them but if we break them we can not blame the cop when we get busted.....thats all I am saying!

I can not say how the cop spoke to you, that is another issue, but some kid in a excel swaring at him would not have done much to enforce his good opinon of of P platers....Now was it his fault you lost your wallet, I am sure he hears that story 10 times a day....yeah sorry officer but just lost my wallet :roll:

I drive 2 modded cars, and it is my choice to do so, if I speed it is my choice, if stereo is cranked up its my choice etc etc etc
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Posted: Fri Apr 06, 2007 8:39 pm 
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xb-coupe-351 wrote:
Does not matter how many people are there to hear it, or what time of day it is, or what a stock stereo does and what hz your hu does, rules are rules, we might not like them but if we break them we can not blame the cop when we get busted.....thats all I am saying!

I can not say how the cop spoke to you, that is another issue, but some kid in a excel swaring at him would not have done much to enforce his good opinon of of P platers....Now was it his fault you lost your wallet, I am sure he hears that story 10 times a day....yeah sorry officer but just lost my wallet :roll:

I drive 2 modded cars, and it is my choice to do so, if I speed it is my choice, if stereo is cranked up its my choice etc etc etc


The stereo WASNT Cranked. And the law is that its not allowed to be at an OFFENSIVE level, that is what a reasonable average person would consider OFFENSIVE. And an average REASONABLE Person would not have found it at an OFFENSIVE level. Im not a kid, im 21, a legal adult, and it DOES matter if there is anyone there to be offended by it. It is not like an exhast where you cant turn it down in which case it would be stupid to argue that noone was around to be offended by it.

Laws are put in place and enforced to protect the public. The fact that i was on a highway in an industrial area and my music WASNT at an OFFENSIVE level, i was not annoying anyone, i was not causing harm.

I believe i was being discriminated against purely on the basis that i am a P plater, which is completely unfair, considering i have the same if not more driving experience than a person the same age as me who happen to be on their blacks. I can guarantee if i wasnt on my P plates he wouldnt have even pulled me over in the first place.

In regards to me swearing at him, i was completely polite and respectful towards him, even calling him sir, even while he was abusing and insulting me. I eventually lost it when he basically told me id be losing my lisence and that he didnt care and was being smug about it. Yes its my fault i swore at him and i take resposibility for it. Would i do it again? yes i would have to say i would. Why the hell should i show a prick like that respect if im going to be treated like that. He was literally talking to me as if i was a hardened criminal that just got caught selling smack to school kids - and im not exagerating.

The real problem here is there needs to be a system in place like there is for say exhuasts that are too loud. The police can pull you over and give you a fine for it, but all you have to do is get it tested to see what the exact dB is, and if its under 90dB the ticket is invalid.

Under the current sound system law however, it is open for police to pick on people that are not causing harm and whos stereos are NOT at an offensive level purely because they are in a bad mood, or for discriminatory reasons, such as P platers, and theres not much of a defence we can have because its hard for us to proove otherwise.

I've been booked for speeding a couple of times in the first year i had my lisence, and i paid the fines and wasnt even angry (other than maybe at myself), i have no problem taking responsibility for something i did wrong, but ill be stuffed if im gunna take responsibility for something i didnt do wrong.
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Posted: Fri Apr 06, 2007 10:23 pm 
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Quote:

I believe i was being discriminated against purely on the basis that i am a P plater


Quite possible, but very hard to proove......

I found that most cops are actually lazy, and do not bother pulling people over unless they have to for some reason, but your one sounds like he was on a mission..
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Posted: Fri Apr 06, 2007 10:57 pm 
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xb-coupe-351 wrote:
Quote:

I believe i was being discriminated against purely on the basis that i am a P plater


Quite possible, but very hard to proove......

I found that most cops are actually lazy, and do not bother pulling people over unless they have to for some reason, but your one sounds like he was on a mission..


I have also found in my experience and my friends experience its usually the highway patrol officers that are like this, actually i cant remember the last time i was pulled over by a normal cop car.
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Posted: Fri Apr 06, 2007 11:56 pm 
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Have a read of this mate its the actual EPA regulations not gonna really help you out but worth a read ... apparently when serving a penalty notice the offence for offensive noise is supposed to be heard louder than a pre-tested background noise... wouldnt be worth disputing mate and yeh just s**t revenue raising

 

 

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Posted: Sat Apr 07, 2007 2:56 am 
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Sound deadening helps a great deal for this problem.
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