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Old 21-01-2016, 02:38   #121
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Re: COPS - what did they do wrong?

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Short story - don't argue, nod agreeably, if you get a Ticket, write to the commissioner 200 Roma Street Brisbane, outline briefly what occurred, attach copy of ticket, indicate that that you have been advised there is no offence, and ask him to specify what offence it is that you are alleged to have committed, i.e. which section of what act/regulation.


the safe towing guide is just that - its a guide, it isn't law.
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Old 21-01-2016, 03:14   #122
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Re: COPS - what did they do wrong?

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For those bored beyond belief, a quick update on the safety chain issue:

After hours of reading legislation and a long time on the phone with TMR I can say with confidence that,in Queensland there is NO requirement to use a rated shackle, indeed you don't have to use a shackle of any type, you could use a big nut and bolt and in fact many other ways of connecting.


MYTH – Changes to requirements for Shackles used when Towing a Trailer - Townsville

As much as it pains me to admit to it, Factor is again correct it would seem.
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Old 21-01-2016, 03:22   #123
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Re: COPS - what did they do wrong?

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Oh dear, I have started a "shackle war" I interpreted a "marked" shackle as being a "rated" shackle?? Lots of talk around SE Qld that persons have been booked, but I have no first hand knowledge of actually occurring. Here is an article in the latest Hervey Bay VMR magazine with an interpretation from the HB Water Police. Not sure it actually clarifies anything?

Sorry to keep you guys up so late ...

Approximately two years ago someone posted on Facebook that a person was pulled over by the police while travelling through Gympie. During an inspection of the person’s vehicle and trailer it was pointed out that the dee shackles connecting the safety chain to the vehicle were not to the required standard. This prompted many questions to be answered. Some people thing they were doing the correct thing and wishing to abide by their interpretation of the law went out and purchased shackles which resulted in some stockiest running out of stock.
To the credit of the water police in Hervey Bay who investigated the inter-pretation of the law in conjunction with the Main Road’s Department, re-leased a statement which is very beneficial to the recreation fisher person. The following is an extract which relates to Dee shackles :-


"D" Shackles and Safety Chains


Transport and Main Roads requires that "D" Shackles, used to connect a trailer safe-ty chain(s) to the towing vehicle, MUST have strength that is compatible with the safety chain (fit for purpose). THIS CAN BE ENSURED IN TWO WAYS

Use of "D" Shackles that comply with Australian Standards (See matrix back page) and having the appropriate makings in one way. (TMR) recommends this.
Select a "D" shackle of REPUTED brand (ie: A tow bar manufacturer) so the part has its BRAND NAME / MODEL permanently marked on it.
Stainless Steel "D" shackles and padlocks are NOT to be used.


Trailers ATM over 2 Tonne must be fitted with safety chains that are marked in ac-cordance with the relevant Australian Standard and (or cables as applicable) com-plying with the following:
Trailers that do not exceed 2.5 tonnes ATM must have at least one safety chain complying with Australian Standard AS 4177.4-1994 or Australian Standard AS 4177.4-2004 ‘
Trailers over 2.5 tonnes and not exceed 3.5 tonnes ATM must have two safety chains of designation of 3500 kg complying with Australian Standard AS 4177.4-1994 or Australian Standard AS 4177.4-2004 Trailer ATM (kg)

Released with the permission of the Hervey Bay Water Police as a guide only


In relation to what happened in Gympie.

WARNING: The ‘D’ shackle scam in QLD Boat News, Review & Advice - boatpoint.com.au
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Old 21-01-2016, 12:12   #124
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Re: COPS - what did they do wrong?

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As much as it pains me to admit to it, Factor is again correct it would seem.
Sorry, I will try not to make a habit of it. But as you may have noticed - one of my hobbies is the low level criminal law that affects all of us. And the abysmal understand that even some police have of it.
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Old 21-01-2016, 13:07   #125
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Re: COPS - what did they do wrong?

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Sorry, I will try not to make a habit of it. But as you may have noticed - one of my hobbies is the low level criminal law that affects all of us. And the abysmal understand that even some police have of it.
Well, cudos to you

My overwhelming experience over many years is that police have an understanding of basic offences, well beyond that of even solicitors. Which seemed to be because police 'specialise' in that very area. Mistakes such as not having a speed detector callibrated and certified is just wilful lazyness and incompetence.

But its a big area with always lessons to learn.
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Old 21-01-2016, 14:54   #126
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Re: COPS - what did they do wrong?

I bet that was homeland security money, post 911. Even St John USVI has a mobile command RV lol


Posted from my buggy iPad using Cruisers Sailing Forum app
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