The old removing your helmet trick

[Rainbow7]

A public road is defined by the law as being anywhere that the general public are expected to drive and ALL associated laws apply, regardless of private land ownership.

So that means my driveway is a "public road", right? And that also means that when I stand next to my Hilux while I'm filling it up, I must wear my seatbelt because I'm (according to your tenuous definition of the word) "operating" the vehicle?
I don't think so.
By your definition, a privately owned parking building is also "a public road".

From the Public Roads Act 1902

road includes any land proclaimed, dedicated, resumed or otherwise
provided before or after the passing of this Act, as a public
thoroughfare or way and, in sections 18 to 20, also includes any land
defined, reserved or left, before or after the passing of this Act, as a
road in any subdivision of land of the Commonwealth or New South
Wales

[Skidmarx]

wow, i must be backwards or somehting, i hate wearing helmets, even nice ones as i have a realy big head, my lid comes off even before the motor is stopped, i listen to the motor without the lid for a couple of seconds to hear if theres any rattles or clunks that shouldnt be there, then bike off, stand down and go about my buissness

I'm actually claustrophobic, so I can't even stand wearing the helmet when i'm not moving. I guess thats like a pilot who is afraid of heights ..

I can hear my engines rattles and clunks with my helmet on ..

i have a paranoya about rattly engines lol i used to adjust the rockers on my cbr1000 every 1000 k's lol........


does that make me a weirdo???

[tomrux]

talk about stereotyping, is not assuming that anybody wearing a helmet is out to rob you, just that.

being asked to take of your helmet is being labled as a thief.

I only use servos that dont push this inane condition. Same as not activating pump till you are off the bike. Try and fill a glass on a 20 degree lean I dare ya. all the time i see bikes exploding because sombody sat on while fueling it. NOT

Tom

[Skidmarx]

its the same with any stereotype. im sure they would feel the same about someone walking in wearing a balaklava, or a rough lookin black dude with an itchy nose, or a rough looking black dude with an itchy nose wearing a balaklava, doesnt mean hes in there to rob the joint huh?? but im sure most would shit if he wandered in while u were in there paying for your fuel

[aussiemonster]

I prefer not to take my helmet off. I've found its generally the big servo's that ask me to take my helmet off. So I tend to take my helmet off at big servo's I don't normally go to, and the regular ones (on the way home from work) I don't worry about, and they now 'know me' so no worries there.

I also go along with the idea that taking your wallet out before entering.

Also if I get someone who asks me to take my helmet off I don't go back! Being rude won't help but taking business elsewhere will..

[Bill Gaheer]

I prefer not to take my helmet off. I've found its generally the big servo's that ask me to take my helmet off. So I tend to take my helmet off at big servo's I don't normally go to, and the regular ones (on the way home from work) I don't worry about, and they now 'know me' so no worries there.

I also go along with the idea that taking your wallet out before entering.

Also if I get someone who asks me to take my helmet off I don't go back! Being rude won't help but taking business elsewhere will..

+1

[BLACKZOOK]

Some people are unbelievable

[BikerBoy]

A public road is defined by the law as being anywhere that the general public are expected to drive and ALL associated laws apply, regardless of private land ownership.

So that means my driveway is a "public road", right? And that also means that when I stand next to my Hilux while I'm filling it up, I must wear my seatbelt because I'm (according to your tenuous definition of the word) "operating" the vehicle?
I don't think so.
By your definition, a privately owned parking building is also "a public road".

From the Public Roads Act 1902

road includes any land proclaimed, dedicated, resumed or otherwise
provided before or after the passing of this Act, as a public
thoroughfare or way and, in sections 18 to 20, also includes any land
defined, reserved or left, before or after the passing of this Act, as a
road in any subdivision of land of the Commonwealth or New South
Wales

Looks like Rainbow7 is back!!!!!! Oh how we missed you.

Get a grip on what your saying, understand the fact that not all vehicle laws apply to 'vehicles' in a general term so no you are not expected to wear a seatbelt while filling up (is that even possible??), no your driveway is not a public road, have you even given a simple thought that THE ROAD ACT OF 1902 HAS BEEN UPDATED!!!! mind you possibly not all states, but it has definitely been updated in Vic. We no longer have Horse and Cart either. Actualy even the road act of 1902 is somewhat correct to what I said. I can't believe your quoting a Public Roads Act from 1902. f*** that's funny.

Let me apologise for not being a lawyer, Barrister, Solicitor, Prosecutor, Clerk or coffee bitch in any law firm so NO I can not quote exact specific laws off the top of my head with accurate wording, I may make them a bit general until, like I said previously can access and quote the SPECIFIC law and possibly even if you want provide documentation of some cases which were heard in a Magistrates Court that apply to the situation, as I have read them before from the time that I spend learning about these particular subjects and the laws that apply to Motorcyclists. Not just some quick Google grab of info like in your own case Mr Polemicist in which you obviously didn't really read or understand anyway.

And to think that this afternoon I actualy emailed a Barrister that I met a while back, who specialises in traffic law to see if he could email the info accross as I'm quite sure a few readers wouldn't mind knowing what the actual law is and how they stand against it. Or maybe I should just Google 'what is a road' & 'take my helmet off' and just copy/post the first thing that comes up? Is that what you did?

Why don't you try educating yourself and obtaining some social skills first Rainbow7, instead of just typing out the useless, argumentative dribble you have become so famous for.

Reply to this all you like but just as many members have already stated and some not so polite as me, I'm certainly done wasting my time with you Rainbow7.

[RYDRZ]

......................................

[big kev]

sorry guys i always assumed that you had to remover your helmet when entering the fuel store to pay , at my local servo they have a large sign saying you must remove your helmet apon entering the store , mind you not riding in 4 yrs im quiet behing the times so to speak

[Rainbow7]

Get a grip on what your saying, ...blah, blah, blah, waffle, waffle, waffle, drivel, drivel, drivel

So, you make claim to knowing what the law is, yet cannot substantiate it? - That's what I thought.

I haven't bothered posting lately precisely because of people like you who are Internet Experts, yet get all butthurt when someone questions your unsubstantiated/unverifiable claims.

If filling a bike up without wearing a helmet was a traffic offense, as you laughably seem to believe, the Highway Patrol would be issuing tickets all weekend long. But they don't, because it isn't an offense, just as the forecourt of a petrol station isn't a public road.

I can't believe your quoting a Public Roads Act from 1902. f*** that's funny.

The fact that you think the date of the Act somehow makes it invalid shows that you have no legal training whatsoever.

[steventh]

Folks,

A road is a road (sec 12 below). A servo forecourt is not a road (sec 13 below) of Aust Road Rules (see below - my bold);

S12
1) A road is an area that is open to or used by the public and is
developed for, or has as one of its main uses, the driving or
riding of motor vehicles.

Critical words being the driving or riding of vehicles


S13
What is a road-related area
.......
(d) an area that is not a road and that is open to or used by
the public for driving, riding or parking vehicles.

Servo forecourts are private property and not used for driving etc..

As for conditions of entry; I think that bag searches are a special type of condition of entry and have their own rules. The "right" to search is the retailer trying to force you to hand over your private property and to invade your privacy. This is different to asking you to remove a helmet, especially as they are not asking to take your property (helmet).

Cheers

PS. Im not a lawyer so Im probably wrong

[BUSABAZZ]

IMHO I really don't mind taking my brain bucket off, I like to give the ol' noggin a good ol' scratch anyway, also I'd rather save the hassle of wasting 10 minutes of arguing with the staff so I can just get what I need and get back on the bike and move on....

However, I would like to see some sort of helmet hooks or helmet stand installed in servo's so we don't have to put our lids in all sorts of muck and putting my helmet on the mirror has had some close calls of it slamming into the pavement when I rest my hip against the seat and lever the bike up a bit to try and get that extra dollar or two of fuel in the tank.

But thank god for some of the posts here.... I'm not as much of a mental case as I thought I was..... People are just like me

[Pommie]

I think you have too much time on your hands if this is all you have to worry about

[1300hayabusa]

1:bag searches in dept stores like wollys bla bla bla can only be conducted if your permission is given

2:They can ask you to stay and not leave the store but they cannot detain you as that constitutes as being held against your will=federal offence.

3:Being asked/signs /placards to take your helmet off in a servo is a store policy/requirement not legislated law to which you don't have to abide to.Alternatively if they refuse payment than the onus is on them as you tried to pay and made a reasonable attempt to finalise the transaction,waving money around in front of a camera would give you the proof you need.
It happened to me at a caltex service station where the manager called the cops cause i did not want to take my lid off when I entered the store.
I waited outside(my helmet is off now)for the tax collectors to turn up as I wanted to prove a point, when they did the manager walked out and said that he is not serving me cause blablabla.I let him say his piece and then asked(cops) if and where is it written in the Aussie constitution...tick tock......tick tock.......no answer from the goon squad ,didn't have one!!!!!
I was politely asked to pay for my fuel and to carry on with my day,so i put my helmet back on,walked back in (cops looking on) paid while the dipshit manger fumed through his reticulated anal.
The reason I pushed the envelope is cause for a good 18 months I used this same servo and we got to know the girls behind the counter and had the occasional joke and conversation but when this new ass wipe started working not only did half of the staff walk out voluntary but also customers complained of his regimental way of running things and lack of personal skills,he apparently ran a servo in butt fcuk nowhere where he was treated like a little biatch by the local red necks who where not wearing a burqa.
Its all about courtesy and the policy has merits but it seems that you are discriminated against as you are assumed to be a criminal by wearing a helmet.I still wont take my helmet off as i have copped a loadful of head colds when that sudden change happens.