Laws on vehicle use

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11 years 6 months ago #445212 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
Yes I read that, very interesting article, cheers

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11 years 6 months ago #445213 by sugarpie
Replied by sugarpie on topic Laws on vehicle use

kai;441793 wrote: Igor, Otaki is unusual in that there are quite a lot of small LSBs in the centre of the town.

Sugarpie, if you are not getting help from the council, write to your councilor, or better still ask to meet them in person and get them on your side.
I live in Otaki as well I would be interested to know what area you are.


Yes that sounds like a good idea. We're over the railway line

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11 years 6 months ago #445503 by Aquila
Replied by Aquila on topic Laws on vehicle use

bevhawkins;410993 wrote: Its not a public road so the police will not be interested

Want to bet? Taken from Land Transport Act 1998, Part 1
Preliminary provisions
Interpretation

road includes—
(a)a street; and
(b)a motorway; and
(c)a beach; and
(d)a place to which the public have access, whether as of right or not; and
(e)all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and
(f)all sites at which vehicles may be weighed for the purposes of this Act or any other enactment

d is the interesting bit. Basically anywhere the public can get to is a road, Even if they are not allowed to be there. Note you also don't have to be driving, It says anywhere the public can access. If you got a lawyer that was onto it and creative, Your local supermarket is a public road, inside, in the isles.

If the general public can hop over a fence then your land is a public road.

Police can charge you for having a vehicle that produces excessive noise.

Having said that you'd have to find a Police officer that was interested and could be bothered persuing it.

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11 years 6 months ago #445553 by LongRidge
Replied by LongRidge on topic Laws on vehicle use
As Aquilla has just said, the traffic police can go anywhere. Our son was run over on a private road behind a locked gate and nearly killed. The police had to investigate, and we were told if any laws had been broken then our smashed up son would be charged with the appropriate offence.
One of our neighbours had children with motorbikes. The other neighbour had a small sawmill. He discussed the noise issue with the neighbours, and suggested that if they did not be considerate then he would tape his sawmilling and play it to them in the morning .... from about 2am to 6am. They were very considerate with their motorbikes.
You have every right to enjoy your block, but just as they have to compromise, so do you. If you are past talking to them, set up some direction loudspeakers in their direction and play them something in the morning ..... from about 2am to 6am. That might get them talking to you about a compromise. Good luck.

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11 years 6 months ago #445562 by Aquila
Replied by Aquila on topic Laws on vehicle use
My point was just that because its your land don't think that you can do what you like in vehicles. Off a formed road any accident starts with a charge of dangerous driving as the vehicle leaving the road is a definition of dangerous in the polices eyes.

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11 years 5 months ago #445624 by wandering free
Replied by wandering free on topic Laws on vehicle use

sugarpie;441651 wrote: I find it interesting when some people say the noisy neighbours have rights too - I don't doubt that, but as I've said the way they enjoy their property impacts on my enjoyment, but the way I enjoy my property does NOT impact on them on any way, so therefore they are in the wrong. But why would people jump to their defence and make me out to be someone who won't compromise etc? Strange attitude if you ask me - I'm not doing anything to annoy anybody however these people are, that makes them the bad guys in my book.
The council are sending them another letter outlining noise concerns and the possible consequences(confiscation) but I doubt very much that it will work. The woman has already proven to be a liar - she assured us she'd do something about it but never did and even bought another motorcycle for her daughter to make more noise with.

I don't see why I should have my enjoyment ruined just to "be a good neighbour", that's ridiculous. To paraphrase a famous old saying - it seems everyone has rights but some people have more rights than others.

I'm with you 100%, unnecessary noise is an assault, but councils employees are very loath to do anything if it disrupts their day at the office and makes them do some work, seems to me they have the "do not disturb sign" on, happy to accept a nice fat salary for doing bugger all, same goes for the fire officers in the Tasman District I see some you-tube videos on noise control in our area, maybe you could do the same and send your council a link.

Where we are we have to accept road noise and we soon got used to it, but noise for noise sake is extremely annoying, what you would except in an industrial setting and what is acceptable in the country is completely different.

We have double glazed and used air foam in the walls and now have a very quiet sanctuary, it might be an expensive option but it also makes for a very comfortable home.

Just console yourself with the thought they are the ones contributing to the end of oil and eventually peace and quiet will become the norm once more.

Just me and the cat now, on 2 acres of fruit and veg + hazel nuts, macadamia, chestnuts and walnuts,
www.youtube.com/user/bandjsellars?feature=mhee

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11 years 5 months ago #446205 by sugarpie
Replied by sugarpie on topic Laws on vehicle use

LongRidge;445563 wrote: As Aquilla has just said, the traffic police can go anywhere. Our son was run over on a private road behind a locked gate and nearly killed. The police had to investigate, and we were told if any laws had been broken then our smashed up son would be charged with the appropriate offence.
One of our neighbours had children with motorbikes. The other neighbour had a small sawmill. He discussed the noise issue with the neighbours, and suggested that if they did not be considerate then he would tape his sawmilling and play it to them in the morning .... from about 2am to 6am. They were very considerate with their motorbikes.
You have every right to enjoy your block, but just as they have to compromise, so do you. If you are past talking to them, set up some direction loudspeakers in their direction and play them something in the morning ..... from about 2am to 6am. That might get them talking to you about a compromise. Good luck.


Yes this is a great idea- in theory. Unfortunately that would certainly result in noise control actually doing something! And that would make me just as bad as them, which is something I'm trying to avoid

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11 years 5 months ago #446211 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
This really is a ludicrous situation. Today we have had to listen to the little bugger zooming around with friend on another bike. They have recently had another letter and have obviously completely ignored it like the first one. And I have had an email back from the noise control officer I was in contact with and he confirmed to me that with the last 2 times I called noise control they reported back that the noise was "quiet" and "acceptable"!! So after a year of this idiocy, I have only just found out that they won't do anything anyway, because the noise control person thinks it falls into "acceptable" levels. But the RMA, which deals with noise control, says

Excessive noise is noise under human control, which unreasonably interferes with the peace, comfort and convenience of any person.

So I wrote back to the guy at the council pointing this discrepancy out - no answer!! So frustrating.

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11 years 5 months ago #446304 by Aquila
Replied by Aquila on topic Laws on vehicle use
How old are the kids? Report them to the Police as if they are under 15 they cannot possibly have a drivers licence.

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11 years 5 months ago #446308 by igor
Replied by igor on topic Laws on vehicle use
They don't need a driver's licence to play with toys on private land.

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11 years 5 months ago #446309 by llvonn
Replied by llvonn on topic Laws on vehicle use
You may want to check out these links - site to ask legal questions.

Article
www.stuff.co.nz/manawatu-standard/news/8...te-answers-questions

Actual site
lawspot.org.nz/

1 Border Terrier, 5 hens, 5 chicks, an orchard and vege garden. All on 350 square metres.

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11 years 5 months ago #446325 by Aquila
Replied by Aquila on topic Laws on vehicle use
Private land is a public road. Yes, you do need a license.

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11 years 5 months ago #446328 by max2
Replied by max2 on topic Laws on vehicle use
From my aforementioned experience, you need to get past the operator who answers the 111 police line to get some sort of help.

When the boy racers were next door, blowing up tyres, drinking heavily and no doubt getting stoned, getting the car out of the garage for a 20 minute spin about the roads after derbying it about the property, the operator told me their hands were tied on private property....

The mother in law of one of our local lads said "'crap'' sums it up nicely but you have to be insistant that they attend. In our case we are 30 minutes from the central distribution centre for police after hours and the boys well and truly know it. thus the car was returned to the garage and locked up after 20 mins each time.

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11 years 5 months ago #446331 by max2
Replied by max2 on topic Laws on vehicle use
the thing that gets to me when calling from a rural address is the operators cannot get through their head that it is usually impossible to identify a vehicle at 2.00am in the morning from 200 metres away on a 10 acre block on a rural road.

They don't understand we cannot see number plates, type of vehicles etc unless we enter the property. yet the noise, filth and smell enter our property and homes as if we are only on a section sized piece of land.

In my case the boys undertaking the racing stuff were mostly children of parents living out here. When neighbours went to see those parents, all were in denial that is was ''their'' son and quick to finger point to others or another neighbour as being the problem.

Until parents/adults accept there is a problem with their children's driving, not much is going to change.

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11 years 5 months ago #446340 by Aquila
Replied by Aquila on topic Laws on vehicle use
Oh operator, I thought I heard gunshots.....

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