nzmikey
26th October 2012, 10:23
Has anyone heard anything about this or is it just someone being butthurt ?
The link is a FB link https://www.facebook.com/notes/mark-rex/nsw-police-operation-to-entrap-and-incite-motorists-15th-16th-sept-and-22nd-23rd/10151092143637826
Google has not come up with anything due to the fact that was only written at 0107 this morning .... So is this likely or horse shit ? :crazy:
Background:
On the weekends of 15th - 16th and 22nd - 23rd September 2012 NSW Police conducted a “covert operation” to entrap motorcyclists on the Pacific Hwy Mt White to Mooney Mooney NSW, Whereby well over 20+ motorcyclists were subject to the same or similar ill-tactics of enticement to commit driving offences in the presence of covert police vehicles.
The covert vehicles were described as a Dark Nissan X-trail and a Charcoal Mitsubishi AWD wagon which would baulk the travel of the motorcyclist and use tactics to entice the motorcyclist into committing an offence(s) as they attempted to disengage from the disgusting manner of driving of the covert vehicle by passing it and leaving the immediate danger.
The operation was conducted during the daytime hours by either Brisbane Waters LAC and/or Kuring Gai LAC on these weekends.
20+ witnesses on 20+ occasions can attest to the lack of police professional conduct and ethics, duty of care, health and safety, and manner of driving on these days conducting the covert operation.
Outline:
On the Sunday 23rd September 2012 at about 3.45pm, I left the Mt White Cafe at Mt White on my Yamaha motorcycle and headed south on the Pacific Hwy at about 60 km/h.
As I approached the intersection of the Pacific Hwy and Morgan’s Rd (the F3 entry/exit road) I noticed a dark charcoal Mitsubishi AWD vehicle turn left onto the Pacific Hwy heading south in front of me not stopping at the stop sign with a marked white line at the intersection nor giving indication that it was turning left. This vehicle moved quickly through this stop sign to make its ways in front of me which I consider an offence, and also consider driving in a manner dangerous to the public.
Whilst following the vehicle I noticed at least 2 passengers on board through tinted windows. The driver was wearing a cap and sunglasses.
I followed this vehicle south through the dual carriageway observing its manner of driving which was consistent with “a person not looking at where they are going or looking for a side street or house number”. The irregular slowing and speeding up, and moving to the left of the lane intermittently then back to the centre.
There are no side streets or houses on this stretch of road on this side.
The vehicle was constantly altering its speed between 40km/h and 60km/h on a straight dual carriageway divided by a nature strip and moving to the left of the carriageway so that its left side wheels were crossing the left white marked line on the side of the road. The Pacific Hwy converges into a single carriageway divided by a double unbroken line, to wit, I was still following this vehicle as it continually drove in the manner stated above.
A short distance past the F3 underpass heading south on a straight section of road the vehicle slowed and moved partially to the left side of the road. I considered this a gesture to move around the vehicle.
This gesture is common on the Pacific Hwy with slower moving cars and motorcycles and is considered a courteous gesture known by most drivers and riders who frequent the area. It is also a gesture which would be tested and proven as a ‘known gesture’ in similar circumstances on many roads in Australia.
As the vehicle moved partially to the left I accelerated around the vehicle giving enough space between me and the vehicle as to not be a menace. The driver of the vehicle has then positioned himself back to the centre of the lane. This manoeuvre made me move onto double unbroken lines for a very short period of time before moving in front of the vehicle.
My speed was not observed at this time as the manoeuvre was over in less than 2-3 seconds. I did accelerate to move around the vehicle. I would estimate my speed before passing the vehicle to be about 50km/h. After accelerating past the vehicle then decelerating once in front of the vehicle I noticed a left corner further ahead, I checked my speed before entering the corner at 65km/h at this time.
I continued south on the Pacific Hwy at the speed limit of 60km/h.
Less than 1 minute after the incident, I slowed down behind a green Ford Focus which was following a White van. Both these vehicles were doing less than the sign posted speed limit of 60km/h through the corners and straights of the Pacific Hwy, but they did not move to the left or gesture me in any way to pass, so I remained behind these vehicles for the duration of the Pacific Hwy to the Hawkesbury River Bridge.
I continued across the Hawkesbury river bridge and saw 2 uniformed police officers on the side of the road near the turnoff for Kangaroo Point boat ramp located about 150m from the bridge.
As the green car in front of me approached the police it was ushered to stop in the middle of the lane. As I moved closer, one of the police ushered me to pull over to the left side of the road, and then they moved on the green car in front. I was told by a constable that my manner of riding was observed on the Pacific Hwy and I over took a covert police vehicle at speed over double lines. He asked for my licence. A senior constable was standing on my right side whilst I was being spoken to. The constable and senior constable then walked to their marked police hwy vehicle (Kuring Gai patrol) whilst I sat on my bike for about 5 minutes before the constable returned and issued me with 2 infringements.
Observations:
This manner of driving and the conduct of police is by no means in favour of ANY community standards.
The act in which the ‘covert vehicle’ was being driven in over 20 individually witnessed accounts was irresponsible, menacing and outright dangerous. The fact that this covert vehicle operated by (Supposedly) professional officers was doing the same type of erratic driving behaviour not once or three times but OVER20 different times in the same area on the same stretch of road and in the same manner to which it enticed riders to overtake this vehicle.
The vehicle has broken many driving offences such as;
Not stop at stop sign,
Not use indicator,
Not stay within designated lane,
Enter traffic unsafely,
Sustained loss of traction of tyres,
Driver not in control of vehicle,
Menacing driving.
Such offences are inexcusable for Police officers on or off duty, and one offence a serious driving offence under the Act.
If this manner of driving was replicated by myself in my personal vehicle, whilst being followed by a Police HWP officer, would GARAUNTEE at least one infringement, if not, a court attendance notice for seven offences!
To manufacture a situation of this nature which causes concern and creates by its very nature a dangerous situation for both the public and officers involved – irrespective of how well they are trained – is by any measures NOT policing. This cowboy behaviour is of the worst kind and certainly fails to honour the Police Statement of Values and, Code of Conduct and Ethics such as;
Behave honestly and in a way that upholds the values and the good reputation of NSW Police whether on or off duty,
Treat everyone with respect, courtesy and fairness.
This operation, as stated by the infringement issuing officer, is under doubt as to whether it was in fact an operation that was planned and orchestrated by the proper Regional Command, or just a vendetta against motorcyclists to "teach them a lesson" by an officer of a local Command.
If such an operation was approved, certain policies and procedures would have to be adhered to in relation to the worksite (The stretch of road in which the operation took place).The Police force, like all other Persons conducting Business or undertaking (PCBU as defined under the Work Health and Safety Act 2011), have a responsibility to provide its workers (and the public in which convey through the workplace) with a safe working environment. If the authorising officer instructed his staff to drive in the manner that was observed by 20+ witnesses on 20 different occasions, that officer is in breach of the Act - no matter what level of training he/she has received. If the officers in the covert vehicle took it upon themselves to behave in this manner then under the Act, they have breached their own duty of care for the safety of themselves, the passengers and the motorcyclists.
If this operation was a legitimate operation approved by the Region Command, then it would certainly have;
Exercised due diligence in consulting with the persons conducting the operation,
Consulted with all officers conducting the operation to ensure awareness of current WH&S issues,
Placed measures to secure the health and safety of all persons involved or put a risk of the operation conducted,
Inspecting the proposed site and gaining an understanding of the hazards associated with the operation and,
Identifying and eliminating or minimising the risks associated with the hazards,
Exercising a duty of care to all persons involved,
Health and Safety Representative has been made aware of such operation,
Health and Safety Representatives documented and approved of such operations.
In light of the above, a Health and Safety Representative of the Business would definitely have filed a report of the consultations between PCBU and workers and findings of this operation which would be accessible to the public and Work Cover Inspectors should the need arise.
Either way, if there had been an accident it is highly likely that in view of the number of witnesses who would readily give evidence as to the manner in which the covert vehicle(s) had been driven; Work Cover would seek a prosecution.
Actions:
After this incident I have made enquiries, and sent a letter to the police complaints unit who have informed me of the movement of my complaint. So far it has gone to the North West regional Commander of HWP.
I have also elected to have my infringements dealt with by court. I have not received any correspondence as to the Court attendance notice and date of mention as yet.
My advice in withdrawing the infringements was made clear in my complaint or withdrawing the matter from court before or on the first mention.
This letter outlining the course of events shall, if I see fit, be forwarded to the relevant Police departments, witnesses, local media, Motorcycle Council of NSW, member of Local Government, the Ombudsman, NSW Work Cover and any other body or department in due respect that has a need to be informed of this issue.
Regards,
Mark Rex
The link is a FB link https://www.facebook.com/notes/mark-rex/nsw-police-operation-to-entrap-and-incite-motorists-15th-16th-sept-and-22nd-23rd/10151092143637826
Google has not come up with anything due to the fact that was only written at 0107 this morning .... So is this likely or horse shit ? :crazy:
Background:
On the weekends of 15th - 16th and 22nd - 23rd September 2012 NSW Police conducted a “covert operation” to entrap motorcyclists on the Pacific Hwy Mt White to Mooney Mooney NSW, Whereby well over 20+ motorcyclists were subject to the same or similar ill-tactics of enticement to commit driving offences in the presence of covert police vehicles.
The covert vehicles were described as a Dark Nissan X-trail and a Charcoal Mitsubishi AWD wagon which would baulk the travel of the motorcyclist and use tactics to entice the motorcyclist into committing an offence(s) as they attempted to disengage from the disgusting manner of driving of the covert vehicle by passing it and leaving the immediate danger.
The operation was conducted during the daytime hours by either Brisbane Waters LAC and/or Kuring Gai LAC on these weekends.
20+ witnesses on 20+ occasions can attest to the lack of police professional conduct and ethics, duty of care, health and safety, and manner of driving on these days conducting the covert operation.
Outline:
On the Sunday 23rd September 2012 at about 3.45pm, I left the Mt White Cafe at Mt White on my Yamaha motorcycle and headed south on the Pacific Hwy at about 60 km/h.
As I approached the intersection of the Pacific Hwy and Morgan’s Rd (the F3 entry/exit road) I noticed a dark charcoal Mitsubishi AWD vehicle turn left onto the Pacific Hwy heading south in front of me not stopping at the stop sign with a marked white line at the intersection nor giving indication that it was turning left. This vehicle moved quickly through this stop sign to make its ways in front of me which I consider an offence, and also consider driving in a manner dangerous to the public.
Whilst following the vehicle I noticed at least 2 passengers on board through tinted windows. The driver was wearing a cap and sunglasses.
I followed this vehicle south through the dual carriageway observing its manner of driving which was consistent with “a person not looking at where they are going or looking for a side street or house number”. The irregular slowing and speeding up, and moving to the left of the lane intermittently then back to the centre.
There are no side streets or houses on this stretch of road on this side.
The vehicle was constantly altering its speed between 40km/h and 60km/h on a straight dual carriageway divided by a nature strip and moving to the left of the carriageway so that its left side wheels were crossing the left white marked line on the side of the road. The Pacific Hwy converges into a single carriageway divided by a double unbroken line, to wit, I was still following this vehicle as it continually drove in the manner stated above.
A short distance past the F3 underpass heading south on a straight section of road the vehicle slowed and moved partially to the left side of the road. I considered this a gesture to move around the vehicle.
This gesture is common on the Pacific Hwy with slower moving cars and motorcycles and is considered a courteous gesture known by most drivers and riders who frequent the area. It is also a gesture which would be tested and proven as a ‘known gesture’ in similar circumstances on many roads in Australia.
As the vehicle moved partially to the left I accelerated around the vehicle giving enough space between me and the vehicle as to not be a menace. The driver of the vehicle has then positioned himself back to the centre of the lane. This manoeuvre made me move onto double unbroken lines for a very short period of time before moving in front of the vehicle.
My speed was not observed at this time as the manoeuvre was over in less than 2-3 seconds. I did accelerate to move around the vehicle. I would estimate my speed before passing the vehicle to be about 50km/h. After accelerating past the vehicle then decelerating once in front of the vehicle I noticed a left corner further ahead, I checked my speed before entering the corner at 65km/h at this time.
I continued south on the Pacific Hwy at the speed limit of 60km/h.
Less than 1 minute after the incident, I slowed down behind a green Ford Focus which was following a White van. Both these vehicles were doing less than the sign posted speed limit of 60km/h through the corners and straights of the Pacific Hwy, but they did not move to the left or gesture me in any way to pass, so I remained behind these vehicles for the duration of the Pacific Hwy to the Hawkesbury River Bridge.
I continued across the Hawkesbury river bridge and saw 2 uniformed police officers on the side of the road near the turnoff for Kangaroo Point boat ramp located about 150m from the bridge.
As the green car in front of me approached the police it was ushered to stop in the middle of the lane. As I moved closer, one of the police ushered me to pull over to the left side of the road, and then they moved on the green car in front. I was told by a constable that my manner of riding was observed on the Pacific Hwy and I over took a covert police vehicle at speed over double lines. He asked for my licence. A senior constable was standing on my right side whilst I was being spoken to. The constable and senior constable then walked to their marked police hwy vehicle (Kuring Gai patrol) whilst I sat on my bike for about 5 minutes before the constable returned and issued me with 2 infringements.
Observations:
This manner of driving and the conduct of police is by no means in favour of ANY community standards.
The act in which the ‘covert vehicle’ was being driven in over 20 individually witnessed accounts was irresponsible, menacing and outright dangerous. The fact that this covert vehicle operated by (Supposedly) professional officers was doing the same type of erratic driving behaviour not once or three times but OVER20 different times in the same area on the same stretch of road and in the same manner to which it enticed riders to overtake this vehicle.
The vehicle has broken many driving offences such as;
Not stop at stop sign,
Not use indicator,
Not stay within designated lane,
Enter traffic unsafely,
Sustained loss of traction of tyres,
Driver not in control of vehicle,
Menacing driving.
Such offences are inexcusable for Police officers on or off duty, and one offence a serious driving offence under the Act.
If this manner of driving was replicated by myself in my personal vehicle, whilst being followed by a Police HWP officer, would GARAUNTEE at least one infringement, if not, a court attendance notice for seven offences!
To manufacture a situation of this nature which causes concern and creates by its very nature a dangerous situation for both the public and officers involved – irrespective of how well they are trained – is by any measures NOT policing. This cowboy behaviour is of the worst kind and certainly fails to honour the Police Statement of Values and, Code of Conduct and Ethics such as;
Behave honestly and in a way that upholds the values and the good reputation of NSW Police whether on or off duty,
Treat everyone with respect, courtesy and fairness.
This operation, as stated by the infringement issuing officer, is under doubt as to whether it was in fact an operation that was planned and orchestrated by the proper Regional Command, or just a vendetta against motorcyclists to "teach them a lesson" by an officer of a local Command.
If such an operation was approved, certain policies and procedures would have to be adhered to in relation to the worksite (The stretch of road in which the operation took place).The Police force, like all other Persons conducting Business or undertaking (PCBU as defined under the Work Health and Safety Act 2011), have a responsibility to provide its workers (and the public in which convey through the workplace) with a safe working environment. If the authorising officer instructed his staff to drive in the manner that was observed by 20+ witnesses on 20 different occasions, that officer is in breach of the Act - no matter what level of training he/she has received. If the officers in the covert vehicle took it upon themselves to behave in this manner then under the Act, they have breached their own duty of care for the safety of themselves, the passengers and the motorcyclists.
If this operation was a legitimate operation approved by the Region Command, then it would certainly have;
Exercised due diligence in consulting with the persons conducting the operation,
Consulted with all officers conducting the operation to ensure awareness of current WH&S issues,
Placed measures to secure the health and safety of all persons involved or put a risk of the operation conducted,
Inspecting the proposed site and gaining an understanding of the hazards associated with the operation and,
Identifying and eliminating or minimising the risks associated with the hazards,
Exercising a duty of care to all persons involved,
Health and Safety Representative has been made aware of such operation,
Health and Safety Representatives documented and approved of such operations.
In light of the above, a Health and Safety Representative of the Business would definitely have filed a report of the consultations between PCBU and workers and findings of this operation which would be accessible to the public and Work Cover Inspectors should the need arise.
Either way, if there had been an accident it is highly likely that in view of the number of witnesses who would readily give evidence as to the manner in which the covert vehicle(s) had been driven; Work Cover would seek a prosecution.
Actions:
After this incident I have made enquiries, and sent a letter to the police complaints unit who have informed me of the movement of my complaint. So far it has gone to the North West regional Commander of HWP.
I have also elected to have my infringements dealt with by court. I have not received any correspondence as to the Court attendance notice and date of mention as yet.
My advice in withdrawing the infringements was made clear in my complaint or withdrawing the matter from court before or on the first mention.
This letter outlining the course of events shall, if I see fit, be forwarded to the relevant Police departments, witnesses, local media, Motorcycle Council of NSW, member of Local Government, the Ombudsman, NSW Work Cover and any other body or department in due respect that has a need to be informed of this issue.
Regards,
Mark Rex