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Journeys : MNJ Aug Sep 2011
We’re sure that Christopher Purcell of Middleton isn’t the only person living in the country who is pestered by noisy trail bikes and quad-bikes. What’s your experience? Please add a comment to our blog post on the topic – you’ll find it at www.ract.com.au “Would it be possible for the RACT to conduct an awareness campaign about illegal r iding of mini-bikes, dir t-bikes and quad bikes in rural and semi-rural areas, as well as on streets and roads? Most riders seem unaware of the possible illegality of their actions or the legal and insurance implications for the bike’s ow ner and the proper ty owner. “People, especially children, who ride these excessively noisy bikes around small acreages without the consent of near- neighbours, are creating a nuisance and committing an offence, about which most in the community seem oblivious. “ Some people think that because they have bought a few acres that they can buy a motor bike for themselves or their children, and have the r ight to r ide around their block. “This assumption is not cor rect. Part 3, section 15 of the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 states: Operation of motor vehicles and motor vessels near residential premises Subject to regulations 16 and 17, a person must not operate a motor vehicle or motor vessel for sport or recreation within 500 metres of residential premises unless – (a) the motor vehicle or motor vessel is being operated by, or w ith the consent of, the occupier of the premises; or (b) in the case of a motor vehicle, the motor vehicle is being – (i) operated on a public street; or (ii) driven directly to or from a public street; or (iii) driven directly to or from a place that is further than 500 metres from the premises; or (iv) driven directly to or from a place for cleaning, maintenance, refuelling or repairs; or (c) in the case of a motor vessel, the motor vessel is – (i) being dr iven directly to or from a place that is further than 500 metres from the premises; or (ii) being driven directly to or from a place for cleaning, maintenance, refuelling, repairs or unloading or loading passengers; or (iii) not planing; or (d) a permit has been issued under Part 4 of these regulations in respect of that motor vehicle or motor vessel. Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a fur ther fine not exceeding 5 penalty units for each day during which the offence continues. “I’ve heard anecdotally that a person in the Huon Valley actually charges people money to come and ride their motor bikes around his property, even though he does not have per mission from ALL of his neighbours w ithin the 500 metre zone, which includes a rural residential cul-de-sac of numerous dwellings. If any of these riders has a serious accident it would leave the property ow ner vulnerable to legal action. “An awareness campaign by RACT would not only alert suffering neighbours to an illegal activity and a possible remedy but it would also educate those who have these motor bikes or are considering them for their children about the legal implications and how their insurance could be voided by this illegal use, with all the consequent ramifications.” Brrrraaaahhdingdingding! Life on the move August / September 2011 27 Driver training for all .drivers. Modern vehicles Expert instructors Individual driving lessons for learners and driver assessment RACT Driver Training graduates receive special discounts on joining RACT Roadside membership. Low-Risk Driver Training with both private and business courses. Hobart 6232 6399 Launceston 6335 5612 Devonport 6421 1918 Burnie 6434 2913 6609 www.ract.com.au
Jun Jul 2011
Oct Nov 2011