One of Australia’s highest-ranking Police officers was reprimanded after a Police vehicle he left unlocked was stolen from his Sutherland Shire property. Deputy Commissioner Jeff Loy’s four-wheel drive was equipped with flashing lights and sirens when it was nicked from his property. It has been revealed that Police documents and uniforms were inside the car when it was stolen. The Deputy Commissioner will not face and legal action for leaving the car unlocked as the car was within his property.
The offence
In NSW, Reg 213 of Road Rules 2014 requires the driver to make a motor vehicle secure and failure to do so can be an offence. The Reg states:
(1) This rule applies to the driver of a motor vehicle who stops and leaves the vehicle on a road, except so far as the driver is exempt from this rule by an exemption order under rule 213– 1 or an exemption under rule 313A(2).
- Before leaving the vehicle, the driver must apply the parking brake effectively or, if weather conditions (for example, snow) would prevent the effective operation of the parking brake, effectively restrain the motor vehicle‘s movement in another way.
- If the driver will be over 3 metres from the closest part of the vehicle, the driver must switch off the engine before leaving the vehicle.
(4) If the driver will be over 3 metres from the closest part of the vehicle, and–
(a) there is no-one left in the vehicle, or
(b) there is only a child or children under 16 years old left in the vehicle,
the driver must remove the ignition key before leaving the vehicle.
(5) If the driver will be over 3 metres from the closest part of the vehicle and there is no-one left in the vehicle, the driver must–
(a) if the windows of the vehicle can be secured–secure the windows immediately before leaving the vehicle, and
(b) if the doors of the vehicle can be locked–lock the doors immediately after leaving the vehicle.
The maximum penalty for the offences is $2,200.
These regulations make it an offence if:
- The driver fails to apply their handbrake before leaving the car,
- The driver moves more than 3 meters away from the car and does not turn off the engine,
- The driver moves more than 3 meters away and there is no one over the age of 16 in the car and the driver fails to take the car key out of the ignition off, and
- The driver moves more than 3 meters away and there is no one in the car and fails to secure the windows and lock the car.
So, next time you pull over and run into the shops to grab something make sure your hand break is engaged, windows are secured, keys are out of the ignition and your car is locked, failure can lead to fines of up to $2,200.
Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
