An interesting case in court this week. Several members of the Brotherhood Christian Motorcycle club challenged $ 84 fines for parking their motorcycles in a no parking area. They contend that a senior police officer gave permission for them to occupy this area because it was part of a public demonstration against restrictions on club membership by bikies.
The police officer denied that he gave this instruction, and the court upheld the fines, but also claimed that even if this permission had occurred it would be " irrelevant ".
And that raises the question of just how legal is a whole mix of laws - and in some cases " assumptions " that govern police powers ?
There are laws that permit police - and ambulance drivers, fire engine drivers - and even council rangers - to ignore road rules and parking regulations while they are carrying out their duties - and that is quite reasonable - if it is happening during an emergency.
There are also instances when police direct traffic to cross double lines and drive on the wrong side of the road to clear traffic around an accident site. It is not unusual for police to direct vehicles to stop in a no parking - or even a no stopping zone to clear the road for emergency vehicles to operate.
This claim of " irrelevancy " seems to indicate that the courts do not uphold these police powers. It seems strange that a Christian motorcycle club would go to the trouble of mounting a court challenge if they were not quite certain that they had been given parking permission by a police officer - and perhaps that officer has since been put under pressure by his superiors to renege on that decision.
It would certainly help if police powers were made clear as to what authority they have to instruct the public to ignore road rules.
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