Fully engineered 80 series and i'm still getting fined?

Post by **mrgrumpysleeps** » Sat Nov 21, 2009 6:08 am

I just bought that blue 80 series extra with the airbags in the ass from victoria ( issue 110 of 4x4 monthly)., its is still registered in victoria and i will be transferring it to NSW rego which it will fully comply with

The whole vehicle from dual snorkles to 35" tyres has been approved by an engineer to pass ADR and be fully complianced and registered.

I'm from NSW, currently i'm working in gladstone QLD and the cops and qld transport here pulled me over yesterday, They didn't have a clue about what they were trying to fine me for, they just started making shit up while i provided evidence for everything they asked for. They started by saying it needs to be engineered, i said it is and showed them the paperwork, they said it could be any bit of paper and the car needs to have a plate stating the approved codes on the fire wall, so i showed them the plate, then they said those codes could mean anything, I said they all relate to ADR and if they knew what they were talking about they would know, then they said, we dont know who that engineer is, he could be anone working to any standard. I was fucking angry by this stage but i still didn't show it, i just played their game being very polite.

They were going to defect my truck because of the amount of mods it has, then one of the QLD transport blokes said we better not defect him for everything because of the documents that i provided them. so instead they fined me for not having approval for a 2" body lift, what the fuck? they are trying to fine me on a condition of QLD registration laws, they dont apply to me because i'm not registered in QLD. its $300.

I'm not worried about the money, I'm more worried that everytime i cross the border into QLD these fuck wit cops will fine me. I asked the cop how can he continue to book me for QLD rego conditions and he said because he can, i told him i'm not going to take his word for it and that i'm taking it further and he said go for it, then i said what happens next time i cross the border into QLD and he pulls me over, he said i'll make sure its taken off the road and sent back to the competitions where it belongs, i just laughed in his face.

So.... where to from here? I'm going home to rego it in NSW and be fully complianced with NSW rego conditions. But is this still going to happen? I went to the police station to discuss it further and they palmed me off saying just write a letter to the issuing officer. so here we go, a paper war, and i cant drive my truck till its all sorted out.

Anyone know what to do?

cheers!
Todd.

Post by **Foo on patrol** » Sat Nov 21, 2009 6:35 am

I could be wrong on this,but i think if you are living in QLD for a certain period,you are required to transfer your rego over or that's how it used to be.Like I said I could be wrong.

If you can prove that your permanent place of residence is in NSW you're ok,so look into that side of things.

Get a letter from the RTA stating that these mods are compliant within the state of NSW.

Good luck

Post by **KiwiBacon** » Sat Nov 21, 2009 7:25 am

If it were me, I'd lay a complaint about the cop involved.
But it wasn't me and I wasn't there. So it's just up to you.

Post by **Dirty** » Sat Nov 21, 2009 7:48 am

There a too many fuck wit cops out there and I would make this ones life as difficult as I could.

Assuming that your vehicle is 100% legit in Vic (where it is registered) then start lodging formal complaints and turn up to court hearing.

If you are not 100% legal, then bad luck.

It is just the nature of the personality that attracts people to be coppers, a lot of them strive on being arseholes.

- David.

Post by **PJ.zook** » Sat Nov 21, 2009 8:13 am

To be fair its only a minority of cops that are out to make life difficult for even those who comply with the law. This one was trying to flex his muscles, its great that you kept youre cool, its the best thing you could have done. Just go through legal means to fight it.

Post by **chimpboy** » Sat Nov 21, 2009 8:19 am

Dirty wrote:There a too many . wit cops out there and I would make this ones life as difficult as I could.

Assuming that your vehicle is 100% legit in Vic (where it is registered) then start lodging formal complaints and turn up to court hearing.

If you are not 100% legal, then bad luck.

I am not sure about this; how can it be legal for it to be registered in Victoria if its owner is a NSW resident?

Post by **1TUFFGQ** » Sat Nov 21, 2009 8:36 am

Your vehicle must comply with the relevant states requirements no matter where it's registered. If NSW allowed you to drive a monster truck legally, it doesn't mean you can drive it in Qld. I'm not having a go, just using it as an example. It sounds like they were being a bit rough. I know in QLD it must have a QLD transport mod/compliance plate.

Post by **Dirty** » Sat Nov 21, 2009 8:45 am

chimpboy wrote:
Dirty wrote:There a too many . wit cops out there and I would make this ones life as difficult as I could.

Assuming that your vehicle is 100% legit in Vic (where it is registered) then start lodging formal complaints and turn up to court hearing.

If you are not 100% legal, then bad luck.
I am not sure about this; how can it be legal for it to be registered in Victoria if its owner is a NSW resident?

This is going to be very grey. The vehicle having currently rego in Vic should be via Vic Laws for roadworthyness. But the rego itself may have expired in this case as you only have a short period to have it transfered over to you home state.

Best cause of action is to get it engineered in NSW, get the rego transferred and then be ready for the next one.

A formal complaint can still be issued if you have the motivation.

- David.

Post by **ludacris** » Sat Nov 21, 2009 8:54 am

Just pay the $300 and get the body lift engineered. There must be a NSW code that will cover it. If you are going to drive in Qld a lot more get your self a set of 33's as this truck sounds like it really stands out.

Cris

Post by **joel HJ60** » Sat Nov 21, 2009 8:55 am

$300 fine for having dual snorkels sounds about right. They are terrible.

Post by **bogged** » Sat Nov 21, 2009 9:34 am

1TUFFGQ wrote:Your vehicle must comply with the relevant states requirements no matter where it's registered. If NSW allowed you to drive a monster truck legally, it doesn't mean you can drive it in Qld. .

Havent we been through this disucussion eleventywillion times before?

Post by **chimpboy** » Sat Nov 21, 2009 9:37 am

bogged wrote:
1TUFFGQ wrote:Your vehicle must comply with the relevant states requirements no matter where it's registered. If NSW allowed you to drive a monster truck legally, it doesn't mean you can drive it in Qld. .
Havent we been through this disucussion eleventywillion times before?

Eleventywillion-and-one!

Post by **80's_delirious** » Sat Nov 21, 2009 10:15 am

joel HJ60 wrote:$300 fine for having dual snorkels sounds about right. They are terrible.

He got of lightly, they should throw the book at him

Post by **bj on roids** » Sat Nov 21, 2009 10:49 am

Is one 5 inch snorkel too much?

Post by **chimpboy** » Sat Nov 21, 2009 10:54 am

bj on roids wrote:Is one 5 inch snorkel too much?

Not for you, but we don't all have your level of experience.

Post by **joeblow** » Sat Nov 21, 2009 2:23 pm

when you buy a vehicle like that it WILL attract attention. so its best to make it comply with the relevent laws for where you are driving it. if that is QLD......well....good luck to you.

Post by **SteelArt** » Sat Nov 21, 2009 3:25 pm

1TUFFGQ wrote:Your vehicle must comply with the relevant states requirements no matter where it's registered. If NSW allowed you to drive a monster truck legally, it doesn't mean you can drive it in Qld. I'm not having a go, just using it as an example. It sounds like they were being a bit rough. I know in QLD it must have a QLD transport mod/compliance plate.

Um yeah NO, have you actually read the law ?

Post by **-Scott-** » Sat Nov 21, 2009 3:30 pm

SteelArt wrote:
1TUFFGQ wrote:Your vehicle must comply with the relevant states requirements no matter where it's registered. If NSW allowed you to drive a monster truck legally, it doesn't mean you can drive it in Qld. I'm not having a go, just using it as an example. It sounds like they were being a bit rough. I know in QLD it must have a QLD transport mod/compliance plate.
Um yeah NO, have you actually read the law ?

I tried to find something, but couldn't find anything explicit.

The general agreement between the states is that each state recognises registration of other states. If the vehicle is legally registered in its home state, it may be driven (whilst visiting) in other states.

But that changes once the vehicle is modified? I would like to see that in writing on a government web site - because I can't find it.

Post by **Emo** » Sat Nov 21, 2009 3:37 pm

My understanding is that if you drive a vehicle in Queensland, it must comply to Queensland regulations regardless of where it is registered.

Post by **Shadow** » Sat Nov 21, 2009 3:56 pm

Emo wrote:My understanding is that if you drive a vehicle in Queensland, it must comply to Queensland regulations regardless of where it is registered.

this is the law as it is written.

Any vehicle driven on a qld road must comply with qld registration and modofication gyuidlines.

Most police would not fine you for driving a vehicle registered in another state that is 100% engineered and legal in that state.

Thats most police.

Post by **-Scott-** » Sat Nov 21, 2009 4:00 pm

Shadow wrote:
Emo wrote:My understanding is that if you drive a vehicle in Queensland, it must comply to Queensland regulations regardless of where it is registered.
this is the law as it is written.

Written where? All I ask is for a link to a government site so I can read it myself. I'll hope you'll forgive me if I'm too cynical to believe everything I read on the internet.

Post by **HeathGQ** » Sat Nov 21, 2009 4:00 pm

pay the fine - get it out of QLD

Post by **Shadow** » Sat Nov 21, 2009 4:16 pm

-Scott- wrote:
Shadow wrote:
Emo wrote:My understanding is that if you drive a vehicle in Queensland, it must comply to Queensland regulations regardless of where it is registered.
this is the law as it is written.
Written where? All I ask is for a link to a government site so I can read it myself. I'll hope you'll forgive me if I'm too cynical to believe everything I read on the internet.

in the Code of Practice.

i do not know of an online version.

The code of practise is what all AIS stations use to assess vehicles for safety certificates. It is also what all vehicles travelling on QLD roads must comply to.

Post by **chimpboy** » Sat Nov 21, 2009 4:53 pm

You'd need to find the legislation that underpins the CoP and read that. If there is any.

I think it is doubtful that vehicles travelling from interstate could legally be required to comply with the CoP and it would be a fairly unusual law. So I'm not saying this is wrong but I am with -Scott-, I'd like to see it. I know of areas of law where government departments follow their own guidelines and are 100% without any doubt acting outside the legislation that covers their area, and would not survive a court challenge. It does happen quite a lot.

Post by **-Scott-** » Sat Nov 21, 2009 5:13 pm

Shadow wrote:
-Scott- wrote:
Shadow wrote:
Emo wrote:My understanding is that if you drive a vehicle in Queensland, it must comply to Queensland regulations regardless of where it is registered.
this is the law as it is written.
Written where? All I ask is for a link to a government site so I can read it myself. I'll hope you'll forgive me if I'm too cynical to believe everything I read on the internet.
in the Code of Practice.

i do not know of an online version.

Which Code of Practice? The NCOP which has been the great saviour for us all for about the last four years?

Shadow wrote:The code of practise is what all AIS stations use to assess vehicles for safety certificates. It is also what all vehicles travelling on QLD roads must comply to.

Fine. Show me a link to a government web site which says this. Just because you read it on the internet doesn't mean it's true.

The scant evidence I could find about interstate registered vehicles simply says that vehicles must be registered in their home state. Nothing about complying with registration requirements in the "host" state.

Seriously, I believe this issue is another internet myth. I've looked for some hard evidence to back it up, and can't find any - but I suck at the internet, so I'm happy to be proven wrong. Again.

All I ask for is proof, for which I will accept a link to a publication on a government website.

Post by **Emo** » Sat Nov 21, 2009 5:27 pm

Here's a copy of the Queensland Code of Practise.

http://www.transport.qld.gov.au/resourc ... eb2004.pdf

My understanding is that quite alot of Government rules and regulations don't need to be specifically detailed in legislation. That was one of the Liberals arguments about the ETS, that most of the specific details would be regulations and not included in the legislation.

Post by **chimpboy** » Sat Nov 21, 2009 5:35 pm

Emo wrote:Here's a copy of the Queensland Code of Practise.

http://www.transport.qld.gov.au/resourc ... eb2004.pdf

My understanding is that quite alot of Government rules and regulations don't need to be specifically detailed in legislation. That was one of the Liberals arguments about the ETS, that most of the specific details would be regulations and not included in the legislation.

What you say is correct, it doesn't have to be detailed in legislation but the power to make the regulations or the codes has to be in the legislation. eg a section of the legislation saying "the Minister shall authorise a Code of Practice"... or something like that. Not just a code of practice made out of thin air.

So the question is what legislation authorises this code of practice.

Post by **mrgrumpysleeps** » Sat Nov 21, 2009 6:01 pm

looks like i've stirred up a hornets nest. but its good, I need all the help i can get, more so in the form of hard evidence of legislation, thankyou for the input.

The truck was delivered to me a week ago, i finish work in qld in a week and i'm returning to NSW which is my permanent address. I have a 2 week period in which i have to register the vehicle in my name and in my state of residence. The truck is fully engineered, every modification has been signed off, even the lift blocks, and modification codes are present on the plate on the truck.

I'm going to QLD transport on monday so that they can pull their book of rules out and clearly states the law, everyone says this and that and even the transport idiots are talking shit they dont even understand, so once it is in writing i have something to to work too.

I'm going to take a voice recorder with me, i've been told i have to notify them on record that i am recording them to be able to use it as evidence, not sure but i'm going to find out.

I'm not just going to pay the fine and cop it sweet until if and when they can show me in writing that i have to comply with their rego guidelines because as it is the cops up here are writing out tickets for whatever they feel like.

And for you people who dont like the twin snorkels, its not your truck so cry me a river! lol

Post by **the gun** » Sat Nov 21, 2009 6:14 pm

My name is Glenn and my 4b has twin snorkels, its been 40 min since my last drive. But seriously if you're gonna fight the fine at least get some legal advice from someone in the game before you get into an argument with the rta/transport dept.

Post by **chimpboy** » Sat Nov 21, 2009 6:19 pm

My expectation would be that if a vehicle is legally registered in any Australian state it can be driven legally in any Australian state and that is that. I will be very surprised if anyone can turn up a law saying otherwise. I also would expect that the Qld CoP applies to vehicles registered in Qld and that is all. Again, I will be very surprised if anyone can turn up a law saying otherwise.

The grey areas (and they are not really grey, just more complicated) I can think of would be:

- where the vehicle is registered in the wrong state due to the residency of the owner
- where the vehicle is registered in another state but is registered illegally in the sense that it has been illegally modified

The idea that if you own a vehicle with a body lift that's legal and certified in Vic, then you need to write to Qld Transport and get an okay letter from them before you enter their State sounds so wrong that I find it very hard to believe.

With the fine, is it one where the process rolls on to the court system if you decline to pay?

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Fully engineered 80 series and i'm still getting fined?

Fully engineered 80 series and i'm still getting fined?

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