Unregistered motorised buggy on Private property??

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Joined: Mon Feb 28, 2011 6:18 pm

Unregistered motorised buggy on Private property??

Postby Silly » Mon Feb 28, 2011 6:25 pm

Baby Brother has been a bit silly and come to grief in a dune buggy on private property while under the influence and ended up hospital.

Lucky to be alive actually. Silly boy.

He has just been told he is going to lose his licence.

I can't find a definition of a motorised vehicle under the Road Saftey Act and whether a buggy which is never intended to be registered is classed as one.

Can someone lead me in the right direction of the Act? I have waded through it for some time but most of the definitions refer to unregistered registerable vehicles and Silo trailers etc...


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Postby oscar » Mon Feb 28, 2011 6:38 pm

drink driving can occur anywhere

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Postby Chef2 » Mon Feb 28, 2011 6:52 pm

From the Road Safety Act - Definitions:

motor vehicle means a vehicle that is used or intended to be used on a highway
and that is built to be propelled by a motor that forms part of the vehicle
but does not include-

(a) a vehicle intended to be used on a railway or tramway; or

(b) a motorised wheel-chair capable of a speed of not more than 10
kilometres per hour which is used solely for the conveyance of an
injured or disabled person; or

(c) a vehicle that is not a motor vehicle by virtue of a declaration under
subsection (2)(b); municipal council has the same meaning as Council
has in the Local Government Act 1989;

They might also consider alternate charges which may result in a loss of licence.

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Postby Silly » Mon Feb 28, 2011 7:21 pm

I'm not sure what they actually charged him with I will have to find out, but I from that definition I would say the buggy is not defined as a motor vehicle.

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Postby Hardy » Mon Feb 28, 2011 8:45 pm

He is probably not driving a motor vehicle and should win his case unless the police somehow convince a court that this buggy was built for use on a road.

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