Australians love an esky: Is there anything better on a hot summer day then pulling out the esky, and having an ice cold drink? If there is, this writer doesn’t want to know about it. Anyway, many of us probably don’t view an esky as much more than repository for keeping food and drinks cool, and leaving it at that. Ah, but that’s what separates great thinkers from the rest of the populous which is the ability to think outside the box. Therefore, readers can imagine the amusement of the FindLaw team upon hearing a Queensland man was recently fined $500, and had his licence suspended for nine months after being caught driving a motorised esky, while having a blood alcohol reading of 0.160. No, you don’t have to re-read the sentence because what you read is correct.
According to press reports, the presiding magistrate remarked that it was an unusual set of circumstances, and had the man been riding a horse, whilst still having the same blood alcohol reading he would have been fine. Rather, than being fined.
Now we’re going to assume that most readers would be curious as to what constitutes a motor vehicle under Queensland law? Especially in this instance when a motorised esky was deemed to be a motor vehicle under the law.
Well, not knowing what definition the magistrate used in reaching the definition of a motor vehicle, we can perhaps look to s 1 of the Queensland Criminal Code (the Code) which defines a motor vehicle as:
“… any machine or apparatus designed for propulsion wholly or partly by gas, motor spirit, oil, electricity, steam or other mechanical power, and also includes a motor cycle, or a caravan, caravan trailer or other trailer designed to be attached to a motor vehicle.”
Additionally, we can also seek guidance from the Schedule 4 Dictionary definition in the Transport Operations (Road Use Management) Act (TORUM) which states that a motor vehicle:
“…means a vehicle, other than a motorised scooter, propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.”
A definition of motor vehicle can also be found under other Queensland Acts and for the most part defines a motor vehicle in a similar manner to the Code and the TORUM.
Considering that the motorised esky was found to be travelling at approximately 20kmh when the police stopped the man, it is perhaps of little surprise that the esky was judged to be a motor vehicle under the law.
Perhaps the biggest lesson we can learn from this case, is that a motorised esky can be considered a motor vehicle, and one should never drink and um, drive a motorised esky.
