In summary, New South Wales Rule 213 provides that a driver is guilty of a criminal offence if he fails to render a motor vehicle safe if: “A driver shall not use or cause to be used with a horn or similar warning device fitted to or in the vehicle unless it is necessary to warn other road users or animals of the approach or position of the vehicle; it is used as part of an anti-theft device or an alcohol locking device fitted to the vehicle`. After all, who hasn`t been in a car until suddenly remembering that you may have left the stove on. In your haste, you turn around, go home and barely park properly, running your engine in your haste to get in and preventing you from burning. Fortunately, everything is clear, so you are relieved to return to your previous destination. However, it turns out that in your rush to protect your property, you may have violated Bylaw 213 of the Highway Traffic Act. Rule 213(2) of the Highway Traffic Act 2014 (NSW) prohibits the driver of a motor vehicle from stopping and exiting the vehicle without effectively applying the parking brakes. It also wears the same thing on the spot well. We all stood in front of an impatient car that honked a millisecond after the light signals. We also honked our horns from time to time to say “hello” or “goodbye.” Well, this innocent act of greeting or saying goodbye to a passenger is contrary to Regulation 244 of the Road Rules 2014 (NSW), which is done under the Road Transport Act 2013 (NSW). If you thought it was a trivial matter in the grand scheme of traffic rules to leave your car unlocked and the windows down (don`t worry, so do we), then it may shock you to learn that New South Wales Police launched a traffic law crackdown in 2018 by opening cars at random and searching for valuables. Road Rules 2014 (NSW) provides hundreds of rules covering all aspects of the road, including inclined parking, turns and rules for pedestrians. Most other states and territories have an equivalent to the 2014 (NSW) Traffic Rules, which contain similar, if not identical, regulations. All applicable regulations in New South Wales can be found under classic.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104/.
You will face a $114 fine on the spot in New South Wales if, as a driver of a vehicle, you move more than 3 metres away from the vehicle while no one else is inside, while the windows and doors are not secured and locked. (Rule 213(5) Road Rules 2014 (NSW)). This regulation is recognized as “securing a motor vehicle,” and a driver who violates this rule can be fined $114 on the spot. In fact, it looks like another attempt to generate revenue – at least you can`t help but wonder about the obscure rule of the road you`ve broken and almost no one has heard of. As absurd as it may seem, if you do not comply with Regulation 213 to secure your motor vehicle, there is a chance that you will be fined. The rule specifies that a window is considered “secure” even if it is open up to 2 cm. As ridiculous as Regulation 213 may seem, violation of the rule can be punished by a fine of up to $2,200. The fact is that in New South Wales, leaving a car unlocked or with the windows down is a criminal offence under Regulation 213 of the Highway Traffic Act 2014. Oh, and you might want to think twice too, if you plan to drink that milk while driving. Let`s dare to say that there are traffic rules that also apply if you want to eat or drink while driving in New South Wales.
It is also an offence punishable by the same penalties for moving more than 3 meters away from the vehicle without turning off the engine. (Rule 213(3) of the Highway Traffic Act 2014 (NSW)). With respect to Rule 213(3), you are exempt from compliance with this rule in New South Wales if your vehicle is used for the purpose of delivering or retrieving goods in circumstances where the driver is required to enter and exit the vehicle frequently – if the engine must be kept running to operate the equipment, which is used in relation to the vehicle for the same purposes. (Rule 213-1 of the Highway Traffic Act 2014 (NSW). Although the dark street rule is apparently rarely enforced, North Wollongong Police decided in July 2018 that they would remind residents and fines for forgetting it by checking car doors without permission on suburban streets. Police also said they don`t really see the fines being used regularly. Because in this quick attempt to get your milk by not locking your vehicle or closing the car windows, believe it or not, you actually broke the law. Unnecessary use of your horn or warning device can result in a fine of up to $2,200 in New South Wales.
“It would be a twisted day if we were to do this, but it`s one of the options up our sleeve,” Detective Inspector Ainsworth said. If you have any questions about the problems discussed in this article, do not hesitate to contact us at 02 8917 8700 or fill in the request box and we will answer you as soon as possible. We have traffic advocates in Sydney and across the state who specialize in criminal law and traffic law. Imagine this: it`s Monday morning and you wake up ready for your important morning coffee to help you get through the day, only to find that you`re running out of milk. The dissatisfaction is real. “There has been a lot of vehicle theft in the northern suburbs of Illawarra, and when we go out and look, we have more than the right to do so, and unfortunately it turned out to be right.” Police should not do such a thing without a warrant, and the mere fact that a car is unlocked is no reason to suspect that it contains anything illegal. If you have any questions, please contact our 24/7 hotline at (02) 8606 2218. And if you are fined and choose to challenge your sentence in court, the court can impose a fine of up to $2,200 if you are convicted or pleaded guilty, unless you convince the judge or judge to sentence you with a section 10 non-conviction order. Defending the decision, Detective Inspector Ainsworth said police have a duty to be proactive in preventing crime. “No person shall enter or enter a motor vehicle with any part of its body outside a window or door of the vehicle unless it is the driver of the vehicle and wads.” You get back in your car, thrilled that your morning run of milk is so fast that you might even get home before the kettle has finished boiling – only to find that there`s a familiar-looking piece of paper stuck to your windshield.
“This kind of activity is just not the right thing to do.” Desperate for your caffeine boost, jump out of your car without bothering to lock it or open the windows and rush inside to get a delicious carton of milk, the vision of that hot, creamy coffee that`s now so clear you can almost taste it. This can come as a shock to many, considering how often we see people “beeping” hello and goodbye. You might think that next time, you`ll just roll down your window and greet your friend outside the car. However, Article 268 of the Highway Code states: This does not apply if the windows of the vehicle cannot be secured or if the doors of the vehicle cannot be locked. For example, drivers may be penalized if they put their hand in front of the window to greet a friend. This rule also applies to passengers, and drivers can be fined up to $2,200 if they or their passengers violate this rule. The only exception to the rule is when the driver gives the vehicle a hand signal to indicate a change of direction to the right or a stop and slow down. He argued that by drawing attention to the opportunities for criminals, they have actually prevented possible break-ins before they happen.
“When they do this, they lose community support and already need strong community support to do their job well.” Cars are in their driveways and on the streets and people leave their wallets, credit cards are stolen and used with PayWave and the police are chasing these things, CCTV [footage], and that`s a lot of work. Speaking to ABC News, Detective Inspector Brad Ainsworth explained: “We saw how many cars were unlocked, and then we saw what valuables were inside.” So grab your car keys, jump behind the wheel and head to the gas station around the corner.