Saturday, January 04, 2014

Motorist fined for leaving car window slightly open on hot day

An Australian man who left his car window open a crack to let the heat out on a hot summer's day has been fined for having an unsecured vehicle. Julian Harris was visiting family in Brisbane's north on Sunday when he decided to leave two windows down "three to four" centimetres to let some of the hot air escape from the parked car on the 34°C day. It was a decision that left the father of one with a $44 fine and a rap across the knuckles from police.

"It was 34 degrees so I left the windows down slightly so it wouldn't be boiling hot for my 3-year-old son when we got back in. I was trying to do the right thing…it's just what you do with it being so hot in Queensland." Mr Harris returned to the car about two hours later to discover the fine for an offence he had never heard of. Under Queensland law, if a driver is more than 3m from their car, the vehicle must be "secured" with the engine off, hand brake applied, ignition key removed (if no one over 16 remains in vehicle) and windows up with a gap no more than 5cm.



Defending police's handling of the incident, Police Commissioner Ian Stewart said the officer involved had been acting on information that there had been property crime in the area. Mr Stewart said he has reviewed photographs taken by the officer and believed he acted appropriately. "I would back the judgment of my officer. From the footage that I saw and the reasons that I know the officer utilised to undertake this enforcement in that area, I think the officer was doing a good job. The officer acted quite appropriately and within the law. I would hope that the public would recognise that the officer did use discretion."

Perplexed by his fine, Mr Harris attended the police station and spoke to the officer who issued the ticket. "I asked him if he had any measurements and he said no … he just told me he had an accurate eye. The officer said he had the window on video but told me that he didn't have time to show me." Mr Harris, 21, said the policeman suggested in future he leave "where he is half an hour early to unlock the car and let it cool" in the future.

8 comments:

shak said...

Why should it matter to the police if the general public wants to risk their cars being taken or damaged? Asking the guy to leave a half hour earlier to cool down the car is unacceptable. What is he to do with his child until then? Let him bake in the sun? Ridiculous!

arbroath said...

I've never heard of something like this being 'illegal' before.

At worst, he should've just been given a 'warning' about possible consequences.

Anonymous said...

The first thought I had was that one of those logic-deprived wannabe-martinet English town councilpersons* had emigrated to Australia and become a policeman there.

Lurker111

*Of which you're so wont to post articles, Arbroath! ;)

arbroath said...

Heh, it's only a matter of time before something like this happens over here.

WilliamRocket said...

I spent some time in Queensland as a child and then in my late teens and then my early thirties. It is not a place you want to step out of the 'normal'. Once while driving a little too fast in a holden panel van up the coastal highway, my friend Eddie and I were pulled over by a cop in an unmarked car (an orange Valiant Charger, look it up, they're beautiful), being true blue New Zealanders we started to 'discuss' the officers interpretation of our speed, only to have him pull his gun and say "shut up, son". Lovely beaches and weather, but.....
And I wonder what the rule is about a convertible or a Mini Moke ? (look that one up too, I was a 10 year old British kid in the outback of Queensland, being taught to drive in one).

arbroath said...

Mini Moke's were great!

Earlier this week I received a very threatening email from an Australian police officer accusing me of defamation, demanding that I remove a story I'd posted here over seven years ago.

Although there was no way the story was defamatory - it concerned something he'd said in court - I just deleted it, no questions.

Afterwards he was extremely humble and thankful and it became apparent that he was using his position and idle threats to have his embarassing actions removed from the internet.

Eagle One said...

This story has raised a great deal of comment in Australia. The general feeling is that it is revenue-raising at its best.

Apparently, this rule is on the books in all states, with the reasoning being that the offence "entices" crime. Whereas it is well known that if a villain really wants your stuff, locking a car or place up merely slows them down a little. It certainly doesn't stop them.

I should imagine that a convertible car would comply with the law as long as the doors were locked and the windows were up. I'm not sure where you stand with a motorcycle.

Sharyn said...

Yeah, welcome to the new Queensland... Come for the weather - stay because you're in jail.