As most lifers will know, I try to steer well clear of three particular subjects when completing my blog entries. Years ago my dad, who didn’t frequent pubs at all, by the way, told me that there are three subjects that you don’t discuss there, politics, sex and religion. And, he said, it’s a pretty good rule of life not to discuss them anywhere else, either and I have tried to stick to that and I find that it works.
Today I am sort of going to break that rule because there is something happening here in Australia that makes discussion on at least one of those subjects not only inevitable but necessary.
The Queensland government (why are you not surprised that it’s Queensland?) is attempting to enact legislation that will enable police to stop, search, and, if necessary detain, any group of more than three motorcyclists travelling together on Queensland highways. Now, some background before you reach for the phone.
For some years we have been hearing from governments and law enforcement agencies of every stripe that outlaw motorcycle gangs are actively involved in organised crime. Drug running, stand-over tactics, gun-running and prostitution are all areas into which we are told they have moved and are now dominating. Whereas in past decades organised crime has worn a suit, now it wears cut-off jackets and patches. Just how much of this is true and how much of it is media hype and speculation is anybody’s guess. Given that hardcore information about OMG’s is notoriously hard to get due to their spectacularly secretive operation, we can assume that the truth lies somewhere between them being whiter than white and blacker than black. If I were to express a preference I would say that OMG’s are certainly involved in illegal activities (else why the need for such paranoid secrecy) and that where there is smoke, there is sure to be a semblance of a fire. The rare occasions where they let their in-house disputes erupt into the public view (Milperra, Kingsford Smith Airport) lifts a small corner of the veil and lets us see that they are a pretty unsavoury lot at the least and violent scum who should be erased at the other end of the extreme.
However, they are, for governments, a convenient target, and there probably is justification for the crack-down. But, as governments do, legislation to control OMGs (which is, by definition, doomed to fail) is poorly thought out and rushed into law without any real consideration of what its implications may be. And nowhere is this better illustrated than the farcical situation that is developing in Queensland at the moment. Let me explain. According to my reading of the draft proposal, any group of more than THREE motorcyclists will be able to be stopped by police, searched and details taken.
So, what is wrong with this if it helps police to keep track of the 1%’ers who are apparently causing our law-makers such angst?
Well, why THREE for a start? When have you ever seen any OMG group on the highway that travels in a group this small? It simply doesn’t happen. Mostly they travel in groups of a dozen or often much more. So, why 3? Well, it is a typical bureaucratic catch-all (what an appropriate term in this instance!!). Set a small number so that none of them will slip through the sieve. But it’s a nonsense as you can see.
Then we must ask, why stop and search them at all? Sure, the police may score a bit of weed, maybe a firearm or such like but not even outlaw motorcyclists are stupid enough to put themselves in a position where their illegal activities are going to be that easily detected! In fact, quite the opposite. As we have noted, they are noted for their secrecy and the impenetrable nature of how they go about their business. Hello, Mr Newman, these guys own cars and trucks and vans too, you know. They probably own, or at least control, whole trucking COMPANIES. What benefit will it be to stop and search a group of three of them out for a ride on their bikes? No, they’re just going for a ride, just like we do. Their dirty deeds are conducted well away from the watching eye of the police AND the rest of society. And, as for firearms seizures, a red flag that our legislators regularly wave, the fact is that OMG’s don’t use their firearms against the general public, they use them to settle their disputes inter-gang. And the only time that their ownership and use of firearms even becomes an issue is when (rarely) their internal struggles accidentally break out into the public view (Milperra, as noted above).
Now I have seen OMG groups out for a ride, I’ve shared the highway with them and an occasional road-side cafe coffee stop too. In all those years of riding I have never personally felt threatened or intimidated. I have passed OMG members many times, caught up with them in the twisties and smoked them as they lumbered along on their Harleys and it has never been a problem. Of all the people who should feel threatened, it would be a rider like me who doesn’t like outlaw motorcyclists and what they represent, doesn’t particularly like Harleys and doesn’t like being held up by hordes of them when I have been trying to do my best Freddie Spencer impersonations. But I haven’t and I don’t.
As already noted, I feel fairly confident that a lot of gangs and individuals within those gangs are actively involved in highly illegal and unpleasant activities, but, as long as they leave me alone and don’t start a gun battle in my street then I am happy to leave it to law enforcement to deal with them.
So, the proposed legislation in Queensland (yes, I know I keep mentioning that it is a Queensland phenomenon) is an abject failure if its intention is to harass and disrupt the activities of that state’s OMGs. It just won’t work. Governments have neither the manpower, the intelligence (and by that I mean the inside information, not the intellect) or the ability to materially affect the well setup and highly secretive operation of the OMGs. It’s that simple.
Why, then are they proposing it at all? Two words, political expediency. The “we must be seen to be doing something” reason. And it is about as fatuous as the belief that doing it will actually achieve the desired aim.
So, let’s move on because it seems that, if the legislation is that poorly thought-out and doomed to failure as it patently is, there really isn’t any point commenting.
BUT THERE IS, because, like all stupid and hurried legislation, this particular bill has a side-effect that was almost certainly not in the framer’s eye when he drafted it, but which has huge ramifications for the majority of motorcyclists who have nothing to do with OMGs and are ordinary law-abiding citizens. Because, as it stands, if enacted the law would allow police to pull over, search and detain ANY GROUP OF THREE or more motorcyclists they like. Yes, you heard me, ANY group of three or more motorcyclists out riding on the highway could be swept up in this ill-conceived vendetta against the OMGs.
Now this is is so plainly an infringement upon basic rights of freedom of movement and assembly (neither of which are specifically stated in our Constitution but are implied) that it staggers me that it has been allowed to go as far as it has. However despite a huge outcry from motorcyclists in Queensland, the current situation appears to be that the government there is determined to press ahead with the legislation. This must not be allowed to happen. Email Campbell Newman the Queensland premier and let him know that you are appalled at this gross misuse of legislative power.
“But I don’t live in Queensland,” you are saying. “They won’t take any notice of me because it’s an internal state issue.” Yes, it is, but be assured of this fact. IF THE LAW GETS PASSED IN QUEENSLAND IT WILL QUICKLY BE COPIED AND ADOPTED BY ALL OTHER STATES. “Monkey see, monkey do” applies to governments as well as monkeys (some would say they are the same!)
And here’s something else to consider. I fully expect that there will be a Press Release from the appropriate minister in Queensland any day now. It will say something like this. “While we understand the concerns of Queensland motorcyclists who are worried about the implications of this legislation for ordinary riders, let me assure these law-abiding members of our community that this legislation will not be used against them but only against the 1% or so of motorcyclists who are members of organised gangs involved in organised crime. This legislation is necessary in order for police and law enforcement have the necessary powers to deal with the increasingly worrying activities of outlaw motorcycle gangs. Police will be instructed not to use these stop and search powers against ordinary motorcyclists.” (or words to this effect)
DO NOT BELIEVE IT FOR A MINUTE. The police may well be GIVEN that instruction but there will be many in the force who will choose to ignore it and use it to carry out their own campaign of harassment against ordinary motorcyclists. And it won’t do you any good complaining to the ombudsman about it afterwards. Why? BECAUSE THE LEGISLATION ALLOWS THEM TO DO IT.
My memory goes back to the early 70’s in motorcycling terms and I well remember the police road blocks outside of Bathurst every Easter where TRG and Highway Patrol officers (or whatever they were called back then) pulled over every motorcyclists that was on the highway, asked to see licences and searched the bikes. Why? For no other reason except for the fact that they were motorcyclists. No cars were stopped and searched, no trucks, vans, semi-traliers (all of which were much more capable of carrying contraband), just motorcycles. It couldn’t happen again, you say, they were the bad old days, you say. Well, think again, because, unless we unite and do something about it it WILL happen again and not just in Queensland.
If this is all new to you, familiarise yourself with what is happening and then DO SOMETHING ABOUT IT. If you are on Facebook, look up and join the “Australian motorcycle riders rights” group. Don’t wait till it’s a fait accompli. Governments are brilliant at enacting legislation but very reluctant to withdraw it once it has become law for all sorts of administrative and mostly stupid reasons. The spectacular success of the motorcycle lobby in getting the unfair CTP legislation dropped in NSW this year is a wonderful example of how “people power” can work. Let’s make it work again.