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08-01-2010, 04:09 PM | #91 | ||
FF.Com.Au Hardcore
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That mechanic would be my chauffeur courtesy of the workshop for a month if he did that to me...
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08-01-2010, 04:10 PM | #92 | |||||||
XR & FPV Owner
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There has been no mention of what punishment the driver has received (or will receive) as yet. For all we know he will loose his licence for 6-12 months and more than likely, his job at the workshop too. That is were (hopefully) the respect will be learnt. Quote:
Again for those that can't seem to work it out - While the owner has not committed any offence, his vehicle was used to committ an offence and so, under the Traffic Act of Western Australia will be impounded for a period of 28 days. Quote:
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08-01-2010, 04:14 PM | #93 | |||
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If it was some elderly pensioner and the mechanic got her Pulsar impounded how long do you think it would take before they bowed to public pressure and released the car? Should be no different for the doctor and his car. Just swap the damn thing over for the mechanics car, justice served...
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08-01-2010, 04:15 PM | #94 | |||
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It seems to me, though, that the car gets punished for not being driven properly. It wouldnt surprise me if a change comes from this, but there won't be compensation where the actions in impounding the vehicle complied with the law. Pity the owner (even if he does have a lawyer for a brother).
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08-01-2010, 04:18 PM | #95 | |||
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And on what grounds? The law is clear, the cops have acted within the law the problem is the law itself and to get to the point where you can challenge the legislation in the Supreme court you are looking at 100k+ in court costs + the time + stress = not worth it. Minister needs to quit being a and admit that it is unjust. Would struggle to sue the mechanic too in civil court as it would be very difficult to substantiate actual loss and damaged caused through the mechanics actions.
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08-01-2010, 04:19 PM | #96 | |||||
FF.Com.Au Hardcore
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The loss of his job is incidental and nothing to do with the courts - its a consequence of his actions and shouldnt be considered. |
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08-01-2010, 04:20 PM | #97 | ||
65 Galaxie Hardtop
Join Date: Dec 2004
Location: Brisbane QLD
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It's a silly law, and unfrotunate for the Doc.
But for me, a bloke called Neil has taken the cake with this comment on some random website which covered the story, speaking of copper Rob Johnson: “It’s not something that I’m prepared to change the law for simply because somebody who owns a Lamborghini does not have that car for 28 days...." Said an unrepentent Mr Johnson, conveniently forgetting to add.. "Yes I did write ill-thought out legislation to rush the laws through Parliament. The law is only an *** because I wrote it." Mr Johnson continued to flap his gums to deaf ears.. "Besides, anybody who owns a lamborghini deserves everything they get!. The good Doctor should have bought a commodore or a corolla or something."
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08-01-2010, 04:21 PM | #98 | ||
FF.Com.Au Hardcore
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Maybe the dealership should invest in a AWD/4WD Mainline or similar dyno?!
I would love to hear that Gallardo's 5.0L/5.2L V10 at full tilt!!! Even better the Murcielago 6+L V12...
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08-01-2010, 04:23 PM | #99 | |||
moderator ford coupe club
Join Date: Jun 2007
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maybe the fear of losing a job or business will stop mechanics from thrashing customer cars once again, the law is the law - instead of complaining about what i cannot change, i am trying to find a positive in it |
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08-01-2010, 04:26 PM | #100 | ||||||
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This is not new - it has been 'law' in WA for more than 12 months. No one is in disagreement that the Act/law is wrong. But, the police, government and courts have done nothing wrong in this case, because of the way it is written. It is much easier to stop junk like this becoming law if you stand up at the beginning - changing once it is in place is so much harder. Quote:
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08-01-2010, 04:26 PM | #101 | |||
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I would as someone mentioned, be concerned at how they got it onto the tilt tray, then back off again. Scraaaaape...
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08-01-2010, 04:26 PM | #102 | |||
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It would end up being a significant sum. And as the mechanic would not have such a sum, either a payment plan would be arranged, further inconveniencing the owner, or in a real irony, the magistrate would say there is nothing to be gained by further punishing the mechanic, leaving the owner to wear the loss. My money's on the latter. The owner is probably acutely aware of this and will just have to cop it on the chin. Its what our pollies and legal fraternity expect of the sheeple... |
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08-01-2010, 04:28 PM | #103 | |||
avenge me
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08-01-2010, 04:28 PM | #104 | |||
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but you can change it. people power can change it. there is no positive in something that makes criminals out of someone based on someone elses interpretation, or the innocent party is affected in anyway. |
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08-01-2010, 04:35 PM | #105 | |||
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I know one shop that has a laneway behind it and have seen the mechanics doing mono's up and down the laneway on customers bikes. Another shop that I have to park near when waiting to pick up my daughter I regularly see the mechanics even with their distinctive company vests on come flying down the road at mach1, pulling mono's and blowing the STOP sign at the end of the street. I suppose like any business there's good ones and bad ones, so your point taken.
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08-01-2010, 04:39 PM | #106 | |||
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Yeah, I agree. It would work out to be a bit of money but vs the time stress and cost of proceedings it would probably not work out as being worth pursuing. As I said earlier, if it was someones grandmother stuck without a car to get to church/bingo/doctor would the minsiter be so harsh and in-flexible? I think not, so why can he get away with discrimiating against the doctor just because he has a Lambo?
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08-01-2010, 04:40 PM | #107 | |||||
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He gave the keys to the workshop, aware that the vehicle would/could be driven. Now, if he left his mp3 player in the car and upon picking the car up found it to be missing - then police could become involved to investigate that. Again, I don't disagree with you feels/thoughts (I'd want him charged with something for sure) - but claiming the car was stolen - thats thin.
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08-01-2010, 04:44 PM | #108 | |||
avenge me
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edit- in an earlier post i mentioned DUTY OF CARE, anyone who operates their own business knows they have a duty of care to operate their business within certain guidelines otherwise they are open to prosecution. im sure there are members here who know more than me about this, but i know im right as it is prominant in my own insurance policies.
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08-01-2010, 05:01 PM | #109 | ||
I am Groot
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For those of you who disagre with this issue write to your local MP or get a lobby group together, i have sent numerous letters to mine (MP) over the years, but unfortunatly the inbox is usualy pretty low...
Jumping on these forums and making statements about how this needs changing and that is wrong achives absolutely nothing, send your feelings to the one it concerns, it might not get you anywhere but it feels a dam site better sticking to the man than blowing of here.... To those that are quite happy to bend over and be tolerant, understanding, condoning or even agreeing to these sorts of laws in the mistaken belief that it is good for the masses, you are deluding yourselves and deserve to have yourself placed in the same situation, it would be interesting to see how understanding you are then.... Thats my 2 bobs worth on the subject...
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08-01-2010, 05:02 PM | #110 | |||
FF.Com.Au Hardcore
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08-01-2010, 05:09 PM | #111 | |||
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although you raise a valid point - why impound the car at all? |
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08-01-2010, 05:22 PM | #112 | |||
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they don't care until they have a pain in the a** like barnaby joyce or nick xenephon. i not a huge fan of either but i respect the fact they ran on a single ticket platform, and continue to be able to to bleat loud enough to get changes made. nick xenephon was able to affect changes to pokie laws just by being there. |
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08-01-2010, 05:23 PM | #113 | |||||
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No one is saying that driving the vehicle at that speed was the right thing to do. Customer complains of a wind noise at between 90 and 100KPH... nearest road to drive a car at that speed is about 15Kms away. Mech takes it out, drives along said road for 4Kms - then returns to workshop - that a 30+ trip.... so with out knowing all the details - we can not say why he was 60Kms from the workshop.
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08-01-2010, 08:06 PM | #114 | ||
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Well the Police Minister may back down and is going to change the law in about 12 months. He's still defiant about this guy getting his car back it seems.
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jaydee351 4DV8 Last edited by jaydee; 08-01-2010 at 08:13 PM. |
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08-01-2010, 08:50 PM | #115 | |||
avenge me
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08-01-2010, 08:54 PM | #116 | ||
Regular Schmuck
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Anyone who thinks the impound is justified has to have their head read.
Most of us drop our cars off for a service on a regular basis. If plod was to come along and say, sorry sir, your car has been impounded for 28 days. Who'd come back and think.. that mechanic is going to learn a valuable lesson, obviously he was just having a blast in my car... justice has been served...? When we drop our car off for a service/repair, we expect it's treated with respect. I don't expect that when I drop my hi-po car off, that it's a crap shoot as to whether I'll see it in 28 days, or not. |
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08-01-2010, 09:40 PM | #117 | ||||
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There are a thousand possible reasons he was that far away, both justified, and not. I had one guy who wanted me to commute on his bike for a few days to, and I quote: "make sure there's nothing wrong with it" I lived over 30 km from work at that point. I did over 300 km on it. and no, there was nothing wrong with it Jaydee: Quote:
On the subject of those guys doing stupid stuff down the laneway, that sounds like a serious case of poor management. Would you like to take your bike there knowing they do that? Of course not, that's why the hammer should drop in whatever shop that is. I would have to say knowing the bosses at all the shops I work at, that would be instant dismissal the first time it happened, otherwise you get a culture of it being acceptable. That sort of thing is a great indicator of how the place is run. Of course, just like the idiots who hoon on dirt bikes up and down my street at 3 in the morning with no lights and sounds like no mufflers, just call the cops, they specialise in that kind of thing! back on topic again, kinda...... here's 3 scenarios to consider: 1: Mr X steals a police vehicle and gets nabbed for doing 160 in a 100 zone.......does the police car get impounded under the rules? ;) As has been pointed out the law states the actual vehicle involved will be confiscated. 2: A mechanic takes a police vehicle for a test after repairs and gets done exactly the same as mr Lambo wrench, does the cop car/bike get impounded? 3: Someone steals MY car and gets done for "hooning" do I lose my car? Under the current law, all 3 should be a yes. Now, how utterly stupid is that when you think about it? You could come up with a thousand of these. It may be written into law, but that alone does not necessarily make it a good law. |
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08-01-2010, 11:01 PM | #118 | ||
IT JUST GET'S BETTER
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Come on its easy to see that
(1) It was a joy ride - some 50 yo mechanic wanted to get his kicks by taking a Lambo for a drive. Prob drove past the local RSL club picked up an old lady and took her for a spin, realised he was late so he put the pedal to the metal and opps didnt realise this car could do 160km in 1st gear. The owner shouldn't suffer and I hope this is a wake up call for all mechanical shops not to go and take our cars for a joy ride. This happens also with car carriers, they take cars for joy rides too so the entire industry needs a wake up
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08-01-2010, 11:01 PM | #119 | |||
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Mechanic simply looses his job and gets a new job down the road and looses another customers car! I doubt there would be huge amount of background checks for employment. Why would the mechanic be overly concerned in facing up to the owner for loosing his car? I'd be surprised if he even faced the owner at all. Common sense is not a pre-requisite for politics |
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08-01-2010, 11:29 PM | #120 | ||
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OK lets say you are quite wealthy and own several lambos - you drive like a twat in one get it impounded - catch the bus home and jump in another and do it all again ?
problem I see with impounding the lambo in the case of the mechanic is it leaves the mechanic (regardless of employment) to go home in the same way get in his car and drive like a twat again - only this time he screws up and doesn't get caught somebody dies - impounding the lambo all of a sudden seems pointless and a bit of a cashgrab now don't it? impounding the lambo does not prevent the crime from re-occuring in this case
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