COPS - what did they do wrong?

[Factor]

Don't misunderstand me. I am not saying to not use a rated shackle,

To be clear - Use a rated shackle and proofed chain etc.

I am saying that in QLD there appears to be no legislation requiring any specific shackle. There is a "Guide" but even it doesn't require a rated shackle. The Federal stuff is interesting and nice and all that, but for it to be law in QLD it needs to be "picked up" by QLD state law (small matter of Section 51 of the constitution). The same way that the Marine Pollution Act in Qld picks up the MARPOL.

If there was legislation requiring the use of a shackle marked with a specific marking, no of course the police officer only requires to inspect and give evidence of that lack of marking, if however the legislation simply requires a shackle to have a SWL of X, then markings do not prove that only testing will.

My advice stands, hell it stands on any issue, never pay a ticket till you check the legislation.

Its not about being picky - its your right. The prosecution has to prove beyond reasonable doubt that you committed an offence.

As an aside some years ago in the ACT I got a speeding ticket on Limestone Avenue for the henious crime of 68 in a 60 (I was on my motorbike just tootling along at 7 am). The guy was using a LASER device which was the first time I had seen one. Went home and checked the ACT Motor Vehicle Ordinance (as it was then called). I noted that there was a evidentiary provision for proving Radar and amphometer to be accurate but not LASER, seems they had just bought the device without worrying about policy and law! I drew that to the attention of the fine people in the AFP and Short story - that notice was withdrawn, and a few days later over 200 TINS/TONS that had been issued in the first days of using the LASER were also withdrawn.

Similarly I recall a person being intercepted for using a dinghy a long way from his yacht, well beyond the tender allowed range, and given that vessels with a motor of more than 4hp must be registered except in the case of tenders operated near the ship, and given he was a long way from the ship, and given his motor had a sticker on it saying 6, he was duly written up for unregistered vessel. Again long story short, off to court, cross examined said officer as to how he was able to ascertain the HP output (actually the KW output) of the motor and he (officer) said - cause it had a 6 on it. There was no evidence as to what Hp the motor produced, only what the sticker said. And the legislation says that vessels fitted with a motor producing more than x.x KW need to be registered, not that vessels with a motor with a sticker on the side saying x.x need to be registered. Accordingly the matter was tossed. Costs awarded.

Got lots more examples, but the fundamental point is ALWAYS check the legislation, and never ever rely on what the government tells you in web sites etc.

And of course this discussion only started cause someone above reckoned that you could get written up in QLD for not using a rated shackle, I see no evidence of any legislation that supports that position.