From: Milton on

"D Walford" <dwalford(a)internode.on.net> wrote in message
news:4c3a4e87$0$11109$c3e8da3(a)news.astraweb.com...


> That's assuming that he was driving or attempting to drive.
> Assuming that he wasn't driving do you think he should be fined just for
> sitting in a car with the engine running on a cold night?

If the keys are the ignition or even in his possession and there is nobody
else around, doesn't matter if the engine is running or not, he can be
charged for being 'in charge" of a motor vehicle. Qld anyway.

Regards

Milton

From: Milton on

"Noddy" <me(a)home.com> wrote in message
news:4c3a6a08$0$67798$c30e37c6(a)exi-reader.telstra.net...
>
> "D Walford" <dwalford(a)internode.on.net> wrote in message
> news:4c3a4e87$0$11109$c3e8da3(a)news.astraweb.com...
>
>> That's assuming that he was driving or attempting to drive.
>> Assuming that he wasn't driving do you think he should be fined just for
>> sitting in a car with the engine running on a cold night?
>
> I guess it depends on how much credence you want to give to his level of
> intent or honesty, doesn't it?
>
> If you're sitting in the driver's seat with the engine running then you're
> effectively in charge of a motor vehicle, and being drunk in charge is a
> no-no. It's the same as being the licensed driver of a motor vehicle while
> a learner is driving. You may not be driving at the time, but you're "in
> charge" and will be prosecuted for being over the limit if you are and
> happen to get caught.
>
> I don't have a problem with drunks sitting in cars with the keys on them,
> and there was a case some years ago where a guy was driving home from a
> party who thought he might be over the limit so he pulled over and climbed
> into the back seat to have a sleep. If I remember correctly he didn't have
> the engine running, was parked off the road in a correct manner and was
> fast asleep in the back seat when the coppers tapped on his window, but he
> was charged with some alcohol related vehicle offence because he was over
> the limit in the car with the keys in his pocket.
>
> That's bullshit in my opinion, but I think it's a little bit different
> once you start the engine.
>
> --
> Regards,
> Noddy.

That's correct as I previously stated. Same up here.The thing is how did he
get there, park and then get to sleep?

Regards

Milton

From: D Walford on
On 12/07/2010 7:33 PM, Milton wrote:
>
> "D Walford" <dwalford(a)internode.on.net> wrote in message
> news:4c3a4e87$0$11109$c3e8da3(a)news.astraweb.com...
>
>
>> That's assuming that he was driving or attempting to drive.
>> Assuming that he wasn't driving do you think he should be fined just
>> for sitting in a car with the engine running on a cold night?
>
> If the keys are the ignition or even in his possession and there is
> nobody else around, doesn't matter if the engine is running or not, he
> can be charged for being 'in charge" of a motor vehicle. Qld anyway.

I'm not doubting that that is the law in Australia but IMO its wrong.


Daryl
From: Noddy on

"Sylvia Else" <sylvia(a)not.here.invalid> wrote in message
news:8a0fquFmrgU2(a)mid.individual.net...

> No, but put the handbrake on and the transmission into neutral and turn
> the blinker off, and I'd say you're parked. You don't have to turn the
> engine off IMHO.

I'm not sure but I recall reading somewhere that the legal definition of a
parked car is either locked up with the engine off, or unlocked if the
owner/driver is present with the vehicle. For some reason I have a feeling
that a running engine doesn't qualify.

--
Regards,
Noddy.


From: Noddy on

"Sylvia Else" <sylvia(a)not.here.invalid> wrote in message
news:8a0gg6FsfbU1(a)mid.individual.net...

> Australian states vary. For example, in QLD, it's an offence to be in
> charge of a vehicle while drunk. In NSW to commit the offence you have to
> actually drive the vehicle, or attempt to put it into motion while
> occupying the driver's seat.

How would that apply in the case of learner drivers for example, where the
fully licensed driver is in charge of the vehicle while not actually
driving?

--
Regards,
Noddy.