Strange vehicle sighting New Year's Eve?

[malazn mafia]

Originally Posted by olfella

Yep, you can pull them over, but if they pay the fine is another story because that is when they can pull immunity.

Bummer hows does one become a diplomat? Drop Aus citizenship, know some people in the right places in some country and come back as a diplomat to screw over mr plod?

[aussiblue]

Not that immune; see http://www.dfat.gov.au/protocol/prot...elines/08.html

8.2 Traffic and parking infringements

In Australia, the State and Territory police and traffic services issue on-the-spot traffic or parking infringement notices. Such notices may entail fines and/or demerit points (demerit points are not applied for parking infringements). The traffic infringement notice may be in the form of a “traffic infringement caution”, to which no fine applies. The “traffic infringement caution” would, however, be noted on the driver’s record and may be considered by police in the event the driver is involved in a future traffic violation. All such notices may be issued to members of staff of diplomatic missions, to members of consular posts, and to their family members.

When issuing an infringement notice, officers of the police and traffic services are not required to make a judgement about whether immunity exists either in general or in respect of a particular circumstance. Where limited "functional" immunity might apply (see Section 5.3), the Department considers it proper for a court or similar authority to decide whether or not immunity exists in the particular circumstances, if immunity is claimed in respect of any charges arising out of an offence.

Issue of a traffic infringement notice, or its local equivalent, is not considered a violation of the immunities to which a diplomatic or consular official may be entitled. It represents a notice that the recipient appears, on the face of events, not to have complied with local traffic laws or ordinances. It is a matter of public safety. This practice is now adopted in many countries.

Payment of fines is consistent with acceptance of the obligation under the Vienna Conventions to respect the laws and regulations of the receiving State (Articles 41.1 VCDR and 55.1 VCCR.). The Department of Foreign Affairs and Trade is of the view that payment of on-the-spot traffic or parking fines by diplomatic and consular staff does not require or constitute waiver of immunity from jurisdiction under the Vienna Conventions.

The Australian authorities expect that persons holding diplomatic or consular immunity will pay any fine resulting from on-the-spot infringement notices, unless it is their intention to contest the notice. This practice is followed abroad by Australian diplomatic missions and consular posts.

The Department does not intervene with local authorities to seek the cancellation of traffic infringement notices. Should missions and posts wish to contest the facts which form the basis of a particular traffic infringement notice, they may raise the matter directly with the relevant local authorities. The Department finds it difficult to accept the view that traffic infringements, including parking and speeding infringements, can be regarded as occurring in the course of the performance of official duties, even in the most exceptional circumstances.

The Department informs Heads of Mission and Post of all serious or repeat traffic infringements involving diplomatic or consular agents or family members, and where there are outstanding fines.



8.2.1 Licence demerit points

Traffic infringements (but not parking infringements in the ACT) incur, in addition to any fine imposed, licence demerit points. Where the number or type of infringement adds up to a total of seven or more demerit points, Protocol Branch will be notified by the traffic authorities and may bring this to the attention of the Head of Mission/Post. If the number of infringements or a particular infringement were considered sufficiently serious, this could result in consideration being given to requesting that the individual responsible be withdrawn from Australia.

8.2.2 Traffic/parking infringements involving members of consular posts

The Department does not consider that driving a motor vehicle would normally fall within the definition of consular functions under Article 43 of the VCCR. Consular immunity would not apply in such circumstances.

Therefore the normal laws in regard to payment of fines, demerit points or suspension of drivers' licences or vehicle registration are considered to apply to traffic or parking infringements involving members of Consular posts.

Members may of course contest such matters with the appropriate authorities or through the courts, if they wish.

8.2.3 Breath testing

Driving under the influence of alcohol or drugs is regarded in Australia as a serious offence. Strong action is being taken within the community to curb this offence, prompted primarily by the large number of serious accidents attributed to such driving.

Police have the authority to stop any motor vehicle and request that the driver submit to a breath screening test. Any request to stop by a police officer must be obeyed. In the Department's view, a request to stop does not constitute "detention" within the meaning of the Conventions or involve, at that point, any question of immunity. In accordance with the driving laws of Australia, diplomatic and consular staff are expected to undergo an alcohol breath test when requested to do so by a police officer. This includes random breath testing. Failure to abide by this requirement may result in the driver of the vehicle being summonsed for the offence of failing to take a breath test, in addition to any other driving offence committed.

The Department adopts the view that, given the transport alternatives available (such as using drivers, hire cars, taxis and other forms of public transport), there should be nocircumstance where a diplomatic or consular officer should drive a vehicle in the course of official duty or otherwise while under the influence of alcohol or drugs. It is a matter of public safety.

A police officer may request the driver of a motor vehicle bearing diplomatic registration plates to submit to a breath screening test. Drivers who can provide appropriate diplomatic identity may either accede to or refuse the police request. The Department asks that any person who enjoys diplomatic immunity cooperate, in the interests of public safety, if asked to submit to a screening test. This will not only protect the driver and any potential victim but will provide proof of the facts should any subsequent suggestion be made that the person was driving under the influence of alcohol or drugs. Refusal to comply with a request to submit to a breath test in these circumstances may be taken into account by the Department in deciding whether to take further action.

Where the driver is able to establish appropriate diplomatic identity but refuses to undergo a screening test, the police authorities have no obligation to allow the driver to continue to drive if, in their judgement, his or her continued driving poses a danger to the public. In the interests of the public and the driver's safety, the police authorities may assist by making arrangements for the driver to get to his or her destination. This may include requesting that a passenger, or a member of the driver's family, or a member of the relevant mission or post, drive the vehicle and escort the driver to his or her destination.

If the driver is unable to prove diplomatic status, the police request to submit to a screening test cannot be refused and the police authorities may have no choice but to proceed with this test. If this test shows a reading above the legal limit, the police may escort the driver to the local police station. They will then arrange for the relevant authorities (the Department, the mission or post) to be contacted to seek to establish status.

8.2.3.2 Consular registration plates and consular officials

The policy of the Department of Foreign Affairs and Trade is that consular officials are expected to undergo a breath test if requested by a police officer.

As the immunity of consular officials is limited to acts performed in the exercise of their consular functions, and the Department's view is that driving a vehicle is considered to be outside the scope of consular functions, consular immunity does not absolve the person from an obligation to submit to a breath test.

Failure to comply with a request to undergo a breath test is failure to respect and comply with the law (noting also Article 55 of the VCCR). A consular officer, in refusing a breath test, would not be arrested but could be charged and summonsed to appear before a court and would be required to appear. The court would decide if the charge relates to acts outside the official functions.

If there were any question of public safety, the official would not be allowed to continue to drive.

The consular official could, if there were secondary evidence of drink driving and it was considered an offence had been committed, be summonsed for that offence or any other driving offence (for example, dangerous driving) in respect of the particular incident.

Family members of consular officials have no immunity and can, if the circumstances warrant, summonsed, arrested or detained. Consular employees have less immunity than consular officers and could also be summonsed, arrested or detained, if circumstances warranted.



.... etc etc

[cram_it_frog]

Diplomatic officials from more than 180 countries owe New York City over $16 million in unpaid parking tickets, demonstrating the challenge of collecting on violations more than a decade old.

http://www.wsj.com/articles/diplomat...ebt-1411438396

[JC]

Originally Posted by cram_it_frog

Diplomatic officials from more than 180 countries owe New York City over $16 million in unpaid parking tickets, demonstrating the challenge of collecting on violations more than a decade old.

http://www.wsj.com/articles/diplomat...ebt-1411438396

I can see how this thread headed this way - weird, but acceptable tangents!

In the ACT (where most foreign diplomats are located), if you don't pay a parking fine, the government can cancel your license and/or registration. In the case of unpaid parking fines for diplomats who don't necessarily have an Australian driver's license (and many of them show that they probably don't have a license in their "home" country either - but that's another story), the government would potentially cancel the "DC" registration in lieu of payment - in reality, the fine would possibly be withdrawn, but repeat offenders may eventually be asked to leave the country.

New York possibly doesn't have these same back up penalties, so it's doubtful what happens there, happens here.

[AUwindsor]

Originally Posted by malazn mafia

Bummer hows does one become a diplomat? Drop Aus citizenship, know some people in the right places in some country and come back as a diplomat to screw over mr plod?

what about just fitting repro crown badge/number plates

"yes officer, im driving to pickup the governor general from ..."

probly life prison if youre court (caught)

[cram_it_frog]

can you imaging Prince William driving down the M1 speeding and behind him is his security detail how many police officers would risk giving him a ticket


when he becomes King he will r ember that and get the police officer sent of to some remote cold windy Barron island some where on top of Scotland

The problem with diplomats can be seen in several episodes of yes minister and yes Prime Ministe


http://en.wikipedia.org/wiki/Yes_Minister

[aussiblue]

can you imaging Prince William driving down the M1 speeding and behind him is his security detail how many police officers would risk giving him a ticket

Yes; Princess Anne was booked a few times. e.g. http://www.telegraph.co.uk/news/ukne...ce-escort.html

But I guess Prince Charles and Prince William are always escorted an don official business where they can speed. The princess was not under Police escort so not exempt.