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.

Julian Harris with fine he copped for leaving his car window down

“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, which was parked on Windsor Place at Deception Bay, about two hours later to discover the fine for an offence he had never heard of.

Defending police’s handling of the incident, Comissioner 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 judgement 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 was acting on an intelligence brief in that area that here had been a number of thefts from motor vehicles and unlawful uses.”

The officer checked five vehicles – issuing warnings in three cases when he could locate the owners and fines in the two other cases.

“The vehicle actually commits three very obvious offences. One is that it is parked on the incorrect side of the road. The second is that it’s parked on the footpath. And the third that it doesn’t obey the law in relation to the window being open.

“The officer didn’t give them three tickets. The officer simply gave this car a ticket for the matter he was doing his job for, which was to try and drop the number of unlawful entries into cars.

“The officer acted quite appropriately and within the law. I would hope that the public would recognise that the officer did use discretion.”

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.

Perplexed by his fine, the Albany Creek resident attended the police station and spoke to the officer who issued the ticket.
Henry Sapiecha

Leave a Reply

Your email address will not be published. Required fields are marked *