riding on private property

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clunky64

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Here is a little thing i learnt from a legal eagle today
If you are riding an unregistered bike on private property and the property is unfenced it is classed as public access and you can get booked by the police the same fines as if you ride on the road unregistered, seems you cant ride anywhere
 
Yep, i was ment to pay a $1500 fine for riding my thumper on the road but i took it court and told them i could not pay it and i got let off :)
 
Yeah knew that as I ride on private land in hastings. The owner doesn't mind and the factories around like to watch. But yeah cops will fine us as there isn't fences around the whole property, only 2/3 of it. Such crap.
 
shaun said:
Yep, i was ment to pay a $1500 fine for riding my thumper on the road but i took it court and told them i could not pay it and i got let off :)
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seen plenty of you people when i went to court .

this is your 3rd break and enter and 4 time with possession of drugs .i have no job / heres some more community service.

you have 16 train ticket evasions = $2800 . and you havnt paid a cent since the first ticket . better get on to that . on your way chris (knows his name because he is there so much)
 
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i think that is a loophole in a bylaw, and is probably open to the circumstances at the time and up to the coppers descretion as to wheather or not he is going to be Sgt Buzz Killington. everything I can find states that if its on private land and complies with the EPA regulations then you can ride your bike in the nude standing on the seat listening to maria careys greatest hits.

there would be all sorts of regulations relating to public liability so you would proably need fences to keep the nosey parkers out and could be liable if someone gets some dust in their eye.

most of the rules and regs relating to use of private property are council by council and state by state.
 
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my aunties husbands brother got in trouble for walking around nude at his own house . even with high fences lol
 
wonder if you were to use bunting tape and confine the area you were riding in on said private land if it would have a legal standing..
 
with a bit of luck they won't make it out mine ..the fourby in can get SNOTTY and ya don't wanna be precious about ya duco ...and it takes an hour to get in there if the tracks good .

So yeah fingers crossed ...because if the fun police turn up there's a chance I might just pop and they won't be comin out lol
 
your biggest problem dready would be from the EPA and the greenys. most of the country coppers in WA are cool. you could ride past them on the back wheel just as long as you werent on the road.
 
yer the greens could pose a future problem in that area, would be funny to see the greenpeace boat in the bay.... we could launch potatoes at them haha
 
if they tried to do that mine cos most of my property isnt fenced i would tell them to get fuked!!!
 
Dad and I went through this problem in the Pakenham KooWeeRup area. A private motocross, supercross and pitty track on a private, rural zoned, fenced block of land and it is illegal to ride an unregistered motorbike on it. Neighbours complained and the local council refused to issue a permit for us to ride even though epa classified the noise as acceptable. Went to court to over turn the council but the judge just wouldn't have a bar of it. But...... the loophole was to just go and get the bike road registered and then we could ride it as much as we liked.
but with most cases, you will need council approval (permit) to ride/drive any unregistered vehicle around a private property fenced or unfenced legally.
 
Yeah boys it's a joke ...still I reckon the locals would lynch em before me they've been ridin out there for 20 years . I'll just hope the remotness keeps us in the game ... westy looks like sat week for me n Ando down there .... but that'll be after a night in the hillz with hillz so it'll be late arvo before we lob .
 
Barnesd09 said:
Dad and I went through this problem in the Pakenham KooWeeRup area. A private motocross, supercross and pitty track on a private, rural zoned, fenced block of land and it is illegal to ride an unregistered motorbike on it. Neighbours complained and the local council refused to issue a permit for us to ride even though epa classified the noise as acceptable. Went to court to over turn the council but the judge just wouldn't have a bar of it. But...... the loophole was to just go and get the bike road registered and then we could ride it as much as we liked.
but with most cases, you will need council approval (permit) to ride/drive any unregistered vehicle around a private property fenced or unfenced legally.
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That's not true in unbuilt area's.

In the bush you can do what you like on private fenced property. I had coppers pull me over and ask where we were riding and I said on private property. He smiles and says that's the only thing you could have possible said to stop me fining you for unregistered. You can even drive cars on private property no questions asked.
 
motorman said:
That's not true in unbuilt area's.

In the bush you can do what you like on private fenced property. I had coppers pull me over and ask where we were riding and I said on private property. He smiles and says that's the only thing you could have possible said to stop me fining you for unregistered. You can even drive cars on private property no questions asked.
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This thread is more what I was trying to say with what we had to go through, and ended up giving up due to the legal costs, and as a result can no longer ride on the property. And the poor owners are left with a bolck of land and a motocross track that can't be used and that use being the only reason it was purchased.

I understand that if you are 100's of k's out no one is going to stop you from doing what you want, but if you are going to ride anywhere close to semi-rural or urban areas, be best to consult the neighbours and the council about getting approval for a track, so you can have all the checks and permits issed so you can never be caught out doing the wrong thing even if neighbours or cops kick up a stink.
 
motorman said:
That's not true in unbuilt area's.

In the bush you can do what you like on private fenced property. I had coppers pull me over and ask where we were riding and I said on private property. He smiles and says that's the only thing you could have possible said to stop me fining you for unregistered. You can even drive cars on private property no questions asked.
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SPEAKING FROM EXPERIENCE!!!
Unfortunately CARDINIA SHIRE COUNCIL is different! You are not allowed to ride any vehicle registered or unregistered on private property without a permit for RECREATIONAL purposes. The law changed about 5-6years ago. It use to be allowed without a permit if you are on private land minimum 5 acres and ride at least 100m away from any surrounding houses. Think about the measurements you would need like minimum 10 acres. Due to the fact that dirt bike riding arguments were in the top 3 issues of neighbouring disputes in rural areas they have brought in this permit regulation. People move to the country for the peace and quiet while others move to the country to ride bikes and have freedom on some land. Therefore if you ride for recreation without a permit and a complaint is made the owner of the property is issued with a warning and invited to get a permit or the owner of the land will be fined i believe $1200. SOME people ignore this and continue to ride hoping they never receive further consequences. I have been told that there is a loop hole and that they can never actually get fined and is basically scare tactics. I havent heard of anyone that has actually received a fine.
To get a permit you apply to council and are restricted on hours and 2-3 bikes at one time or then it is considered racing. Only costs like $50-100 so its not a revenur issue. Before issuing a permit they send a letter to all properties within at least i think 1km of the property stating your request for application with conditions stated to ride and if you get more than 1 NO you can forget about approval. I have even had council members approach people that have said NO only to be abused.
 
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MXGIRL said:
SPEAKING FROM EXPERIENCE!!!
Unfortunately CARDINIA SHIRE COUNCIL is different! You are not allowed to ride any vehicle registered or unregistered on private property without a permit for recreational purposes. The law changed about 5-6years ago. It use to be allowed without a permit if you are on private land minimum 5 acres and ride at least 100m away from any surrounding houses. Think about the measurements you would need like minimum 10 acres. Due to the fact that dirt bike riding arguments were in the top 3 issues of neighbouring disputes in rural areas they have bought it this permit regulation. Therefore if you ride without a permit and a complaintyou are issued with a warning and invited to get a permit or the owner of the land will be fined i believe $1200. SOME people ignore this and continue to ride hoping they never receive further complaints.
To get a permit you apply to council and are restricted on hours and 2-3 bikes at one time or then it is considered racing. Before issueing a permit they send a letter to all houses within at least 1km i think it is of the property stating your request for application with conditions stated to ride and if you get more than 1 NO you can forget about approval.
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I'm talking in places with thousands of acres in the middle of nowhere. No neighbours, nothing.
 
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