Mac Pass entrapement.

[Kermit]

From:
Sent: Tuesday, 12 March 2013 2:32 PM
To: chairman@mccofnsw.org.au
Subject: Macquarie Pass trap

Dear Chris,
In order to let you know who I am , I have corresponded with you once before
about an incident involving myself and my brother being booked at Albion
Park , NSW. We fought that charge and it was dismissed before court , I sent
you the details on the 10th April last year for your records. I am a member
of the Ozfirestorm website as are you , from where we first corresponded.

I thought the next incident down here may interest you and MCC members as
well.

On Sunday the 10th of March , myself and 3 others rode out on the
Illawarra hway to Macquarie Pass. As we approached the first corner at the
bottom of the Pass , a blue/grey Prado , rego BM90JD was observed to pull
out from the left of the roadside and proceed slowly up the Pass in front of
us. Motorcyclists being what they are , we overtook as soon as we had a
chance. Several others that were not riding with us , did the same thing a
little further up the pass and eventually caught up with us. After crossing
the railway bridge after the Tourist road turnoff , we were ALL pulled over
in an open area on the left , that I thought was a booze bus location. It
contained a van , and two highway patrol cars. We were asked to produce
licences , rego numbers were written down , and we were then informed that
we would ALL(11 riders) be booked for "not keep left of dividing line" a
$298 fine and loss of 3 points offence. We were informed that we had been
filmed by a covert police vehicle (the officer's words , not mine) , which
had also pulled into the open area. Everyone received their infringement
notice , I was told that "we wont go on with any speed offence, but we are
experienced in estimating speed" , and that I should slow down in future.
Point taken by me , I was then released to go about my business.
The Prado had dark tinted windows , and a Go-Pro style camera pointing
forward thru the windscreen from a mount either on the dash or the
windscreen itself. Two officers in plain clothes manned the vehicle , one
armed with a clip-board on which he had written rego numbers and a brief
description of the bike and rider. It was obviously targeting motorcycles on
the Pass , and was observed to be there all day. I realise that entrapment
is not recognised in law in this country , but to all intents and purposes
that is what is going on here.
Like it or not I did commit an offence and am resigned to paying the
penalty , but it does leave a sour taste in my mouth that they resort to
this to revenue raise - a marked car at the bottom of the Pass would have
had the same effect of making riders(and drivers) obey the law , as inducing
them to break it then fining them afterwards.
On a personal note , I have not been booked (on a motorcycle) since
1985 , so being booked 28yrs later by tricking me into committing an offence
means that I cant be too much of a habitual criminal , can I?
Several hours later at the end of the days ride , we went back down the
Pass on the way home and saw the Prado back down the same place again.
We rode towards Albion Park for 5 minutes , not seeing any other motorcycles
, but did see approx 12 cars heading towards the Pass. We then stopped and
turned around and went back , and sure enough the Prado was still there ,
obviously NOT baiting car drivers. Once again as we approached , it pulled
out in front of us and proceeded up the Pass. Alas , we decided not to
follow , and they had a wasted trip up as we slowed and let them go out of
sight , turned around at the bottom and went home.
Possibly a warning to any riders that you come across , that these new
tactics are in use , may help others not to receive similar fines in the
future.

Yours Sincerely
Graham

[Wattie]

It's shit.
But I still don't see how it's entrapment.
They didn't force people to overtake them. They just made people want to overtake them.

[Gosling1]

.....It's shit.
But I still don't see how it's entrapment.
They didn't force people to overtake them. They just made people want to overtake them......

if its an 80 zone and they are doing 40 - then its entrapment. Even though that specific *offence* does not exist under any ozzie statute.

There is also a law which enables coppers to fine drivers for travelling too slow for the conditions, without reasonable excuse. They should be giving themselves a fucking uppercut for stooping to this new low.

Sitting at 20-40kmh below the limit in front of riders in an 80 zone is un-Australian !!

[Nelso]

I got done with this tactic last weekend. They pulled out and then drove slowly in front of us encouraging us to go past. They are targeting bikes specifically and this is the easiest way for them to 'get' us so that we stop riding the Pass because they are "sick of picking up riders that have crashed" according to one of the officers in the covert vehicle.

[Wattie]

.....It's shit.
But I still don't see how it's entrapment.
They didn't force people to overtake them. They just made people want to overtake them......

if its an 80 zone and they are doing 40 - then its entrapment. Even though that specific *offence* does not exist under any ozzie statute.

There is also a law which enables coppers to fine drivers for travelling too slow for the conditions, without reasonable excuse. They should be giving themselves a fucking uppercut for stooping to this new low.

Sitting at 20-40kmh below the limit in front of riders in an 80 zone is un-Australian !!

40 around the bends up there is a safe speed. There wouldn't be many corners signposted over 45.

[Nelso]

They slowed down even more for the corners. 40 was their max speed.

[Wattie]

Did you get it on your gopro nelso?

[dickfaber]

maybe they were waiting for a mate?

[the kid]

I got done with this tactic last weekend. They pulled out and then drove slowly in front of us encouraging us to go past. They are targeting bikes specifically and this is the easiest way for them to 'get' us so that we stop riding the Pass because they are "sick of picking up riders that have crashed" according to one of the officers in the covert vehicle.

Just crap of the highest order this bullshit tactic . And pulling the old " sick of " line is just bullshit too . I am sure there is a class at Police Academy "1001 uses for, We are sick of..." What ? It is a total suprise to some copper that he/she has to attend road incidents after joining the traffic div ??? Wankers grrrr

[Kwakked Up]

Got done by the same tactic in victoria on the way to PI a couple of years back. They even had pillows and blankets and stuff in the back of the wagon. first thing the copper said was "I was doing the speed imit" which he was and yeah I had to pay the additional road tax reserved for those of us that get caught occasionally.

Looks like the NSWP have learned stuff from Vicpol, wont be the last time either I bet

Thanks heaps for the heads up on this one though

[Jonno]

It's shit.
But I still don't see how it's entrapment.
They didn't force people to overtake them. They just made people want to overtake them.

Afaik "entrapment" isnt a legal defence in Australia....?

[Strika]

Got done by the same tactic in victoria on the way to PI a couple of years back. They even had pillows and blankets and stuff in the back of the wagon. first thing the copper said was "I was doing the speed imit" which he was and yeah I had to pay the additional road tax reserved for those of us that get caught occasionally.

Looks like the NSWP have learned stuff from Vicpol, wont be the last time either I bet

Thanks heaps for the heads up on this one though

The difference being that they were doing the speed limit, whereas, in this case, the Prado was travelling at 40kph in an 80kph zone. There is an exception to the crossing an unbroken line rule, being if you have to avoid an obstacle. One might argue, perhaps fruitlessly depending on who presides, but you might argue that the slow moving Prado was a danger and you considered it an obstacle and avoided it. Talk to a mouthpiece and see what they have to say.......... A magistrate who has perhaps had this happen to them or a someone they know may not be as quick to dismiss your agrument.

[KEL10R]

entrapment
Web definitions
a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials.

[fireyrob]

Have had the 4wd treatment up the old road once just passed the northern end of the bridge (near Brooklyn). Stopped and turned around as Id had the headsup a few weeks earlier. Not that I do more than cruise along there but yeah its frustrating and they know exactly what unsuspecting types do. Whats worse is the braindead geese who are so brainwashed to believe that what they do makes a difference as opposed to a highly visible presence. Prevention vs Cure but its all about revenue!

[Nelso]

Got done by the same tactic in victoria on the way to PI a couple of years back. They even had pillows and blankets and stuff in the back of the wagon. first thing the copper said was "I was doing the speed imit" which he was and yeah I had to pay the additional road tax reserved for those of us that get caught occasionally.

Looks like the NSWP have learned stuff from Vicpol, wont be the last time either I bet

Thanks heaps for the heads up on this one though

The difference being that they were doing the speed limit, whereas, in this case, the Prado was travelling at 40kph in an 80kph zone. There is an exception to the crossing an unbroken line rule, being if you have to avoid an obstacle. One might argue, perhaps fruitlessly depending on who presides, but you might argue that the slow moving Prado was a danger and you considered it an obstacle and avoided it. Talk to a mouthpiece and see what they have to say.......... A magistrate who has perhaps had this happen to them or a someone they know may not be as quick to dismiss your agrument.

It's now a 60 zone. I wouldn't be surprised if they ended up making it a 40 zone eventually, since that's their answer to all accidents. Dropping the speed limit hasn't improved the incompetent drivers/riders that still can't go around corners and stay on their side of the road though.