Who is accountable with tyre sizes?

[Bluefreak]

On a couple of 4by's I've owned, I have always gone to thr tyre retailer and said "Give me the biggest baddest tyres this thing will take". Why have I never been informed of the 15mm diameter rule??? I only found out with my latest, which is a lease job, when I enquired about recommended suppliers in my area. The company sent out info which included the 15mm rule. So, if in the past I had had an accident and the insurance had knocked back my claim based on tyre size, but the supplier had made no attempt to inform me, how far does the liability stretch? Could I try to gain remuneration via legal channels from the retailer??

Any thoughts???

[grimbo]

Its your responsibility to ensure any mods you do are legal. Remember a supplier can sell you parts/tyres etc for an application that does not require a legal outcome like vehicles used on private property or motorsport vehicles. Also different states allow different things and stuf that is deemed illegal can be made legal with an engineering report in certain states etc.

Basically it is your responsibility. However if they sell it to you with the guarantee that it is 100% legal, no worries mate, it's all good and it is in fact illegal well that's another story

[Bluefreak]

Thanks for the reply Grimbo, I just got to thinking the other day about all the dual cab utes like my own(Triton). I reckon you could say that 90% of all of them wearing sunny's would have 31's fitted and would be illegal and probably 90% of the illegal bloke's wouldn't know they were illegal... I reckon you should be given the book of "mod" rules when ever you buy a car, perhaps when you do the transfer papers. Would potentially save a lot of anguish.

[RoldIT]

Ignorance is not a legal defence.

[Guy]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

[-Scott-]

The insurance company would need to prove that the accident would not have happened had the defect not been present. In court, they would need to prove that the correct size of tyre could have prevented the accident.

On Tritons running 31" tyres? I doubt it.

Scott

[Bluefreak]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

When I got my Rocky many years ago, it had 31-10.5-15's on it. They actually hit the chassis and there were marks from it. The vehicle had to go over the pits at VicRoads as I had swapped the engine. Not a word said about the tyres... As I was ignorant to the legals, I wasn't worried anyway.

[Bluefreak]

The insurance company would need to prove that the accident would not have happened had the defect not been present. In court, they would need to prove that the correct size of tyre could have prevented the accident.

On Tritons running 31" tyres? I doubt it.

Scott

Totally agree with you, along the way I've heard stories(unconfirmed) about insurance assessors with a chip on their shoulder, doing people over on the smallest little infringment.

[grimbo]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

don't confuse legality with roadworthy. They are different roadworthy is to do with safety issues more so than is the tyre size a legal size. Stupid I know but that seems to be the way

[Gribble]

Ignorance is not a legal defence.

Are you sure? I read in the paper everyday of people who blame others negligence because they were too stupid to realise the dangers in their environment.

[Bluefreak]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

don't confuse legality with roadworthy. They are different roadworthy is to do with safety issues more so than is the tyre size a legal size. Stupid I know but that seems to be the way

The claim the insurance companies make is: If the tyres are oversize, the vehicle is no longer roadworthy and therefor not covered by insurance. It would appear that roadworthy and legality are intertwined.

[DaveS3]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

Possibly
Roadworthys are only valid for 30 or 31 days, so if anything happend within this time frame, you could argue your case against them, but afterwords no as you could have changed it and so forth.

Dave

[Gribble]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

Possibly
Roadworthys are only valid for 30 or 31 days, so if anything happend within this time frame, you could argue your case against them, but afterwords no as you could have changed it and so forth.

Dave

In NSW a pink slip only states that the vehicle was roadworthy at the time of inspection, not an hour afterwards or even a month. This indemnifies the mechanic/inspector from people who change stuff after getting it inspected. Best excuse for doing mates rego's, "They weren't on there when it came in"

[grimbo]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

don't confuse legality with roadworthy. They are different roadworthy is to do with safety issues more so than is the tyre size a legal size. Stupid I know but that seems to be the way

The claim the insurance companies make is: If the tyres are oversize, the vehicle is no longer roadworthy and therefor not covered by insurance. It would appear that roadworthy and legality are intertwined.

Intertwined yes but not the be all and end all. Different makes allow for legal tyre sizes depending on biggest size of tyre offfered as factory options. Eg. A suzuki cmes with a 27" tyre standard but in some markets up to a 6.00 x 16 was offered which is about 30" (I think) which means legally you can run a 31". But you still get some Zuks knocked but on RWC with 31s yet others don't. And insurance companies accept some with 31s too.

In the end it is up to you to find out from your insurance agent what they deem to be legal and coverable. Doesn't really matter whhat any else saya they have the final say

[Guy]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

don't confuse legality with roadworthy. They are different roadworthy is to do with safety issues more so than is the tyre size a legal size. Stupid I know but that seems to be the way

The claim the insurance companies make is: If the tyres are oversize, the vehicle is no longer roadworthy and therefor not covered by insurance. It would appear that roadworthy and legality are intertwined.

Intertwined yes but not the be all and end all. Different makes allow for legal tyre sizes depending on biggest size of tyre offfered as factory options. Eg. A suzuki cmes with a 27" tyre standard but in some markets up to a 6.00 x 16 was offered which is about 30" (I think) which means legally you can run a 31". But you still get some Zuks knocked but on RWC with 31s yet others don't. And insurance companies accept some with 31s too.

In the end it is up to you to find out from your insurance agent what they deem to be legal and coverable. Doesn't really matter whhat any else saya they have the final say

I was thinking more from a "legal" standpoint .. as in you had a stack .. killed a person .. Ina Suzk that was SPOA with 33's on it (mine got a RWC like this, though no dodgy was asked for .. he knocked me on a heap of stuff that I fixed before the second visit)

[kc_ksom]

Just to give you a run down on Pink slips.

The tech can't knock you back for tyres, unless they are bald, also cant knock you back for different engine numbers, no reverse lights is OK, no washer bottle is OK, can blow smoke screen from hell they cant knock you back, they also only have to make sure that imediate stuff like seats and seat belts are sercure, no ripps tears etc, but the can be any type of seat, it doesnt matter as long as it is bolted down and tight.

Lpg has to be in date, suspension has to be up to scratch, i think no more than 1mm movement for each component, and no more than 3mm over all, something like that.

No oil leaks. But cv boots can be broken as long as oil or grease is not present, as for the oil leak it has to drip on the ground while in the shop, other wise shes OK, wasnt leaking at the time. Rust cant be on structual parts like chassie etc, not visible chunks anyway, surface rust is OK , i think they have some form of scale used, like 2nd degree 3rd degree etc..

and as far as roadworthy goes for rego, I dont believe the mechanic can be at fault, as there is far to manyways around it.

I know most of what I said is true as I had some drammas getting my car regoed just last week, but if there is most probably stuff I have missed.

Casey

[high n mighty]

You would need a washer bottle so they can test your washers along with your wipers. They can knock you back on tyres hanging outside the guards and oversize, oversize will affect your brake test... You can get knocked back for cv boots though as too with clunky/noisy cv's, you are correct about the oil leak technicality though.


But then again, most people know someone in the game.

[kc_ksom]

I can tell you 1st hand you dont need washers, because I have none, and he was going to fail my car, I told him to ring the RTA to check his rule book as it states washers do not need to work, He said I am sorry You are correct, you dont need washers.... lol

Wipers do have to work, yes...

And no you dont need CV boot covers, if they fail you on it, it is not to do with current rules, this is no joke, unless it has grease pissing all over the place they cant fail you....

also need blower on windscreen. for demist.

They cant fail you for tyres...If your car fails brake test then he will fail you for that of couse, but if it doesnt pass with big tyres on would you really want them on there in the 1st place?????

I had No washer bottle, no reverse lights, and 35in tyres sticking out of the gaurds at least 2in id say more...

This is for PINK SLIP only

Blue slip is a different story

My best mate is pink slipper, though he couldnt do mine as it is LPG...

Casey

[mkpatrol]

I can tell you 1st hand you dont need washers, because I have none, and he was going to fail my car, I told him to ring the RTA to check his rule book as it states washers do not need to work, He said I am sorry You are correct, you dont need washers.... lol

The ADR's say you must have wipers and washers after 1 Jan 1973, ADR16 until 1 Jan 2005 16 was repealed and wipers/washers included in ADR42/04.
What an inspector can knock back in a pink slip in NSW is limited but take the same vehicle for a Blue slip inspection & it will be a different story as the inspector will check everything.
NSW might as well have continuos registration like other states because of the limited amount of items inspected in a pink slip are not worth it.

[mkpatrol]

I was curious about that .. if you took a vehcile in for a roadworthy .. and it had Non Engineered mods on it .. and they passed it .. could you still be liable ??
You have exercised reasonable care/due diligance by taking the vehcile to an authorised RW tester ..

Only if they noted the modifications were within the guidelines & the inspector was ok with it.
If they are not noted in the inspection then its pretty hard for you to proove the mods were there the last time the vehicle was inspected.
Basically even if the inspector passed it with mods that he missed you are still liable because you did not bring the mods to the inspectors attention.

Either way the owner is responsible for their own vehicle. Trying to blame things on the rego inspector is like shooting someone & the saying "my mate told me to do it so its his fault". The inspector didn't mod your vehicle, you did. They do have guidelines for modded vehicles & if you go outside these then you will get stung.

Ask Wendle about his mudflaps

Im not saying its right, just how it is.

[high n mighty]

Cheers Sir MQ, up with the rules as usual

Why you know all these things?? You work for RTA?

[bogged]

I had No washer bottle, no reverse lights, and 35in tyres sticking out of the gaurds at least 2in id say more...

This is for PINK SLIP only

so your saying you dont need reversin' lights for a pink slip? I smell horse excrement...

[high n mighty]

You don't need reverse lights on "light trucks" period apparently from the adrs.

[bogged]

You don't need reverse lights on "light trucks" period apparently from the adrs.

I still smell horsey stuff...

[kc_ksom]

Get a grip Bogged

Why would I lie. I am an ex mechanic, my best mate has his own business and does pink slips, he has said the above problems mentioned can not be failed by him, I had to get MY CAR pinked sliped at another place as I have LPG and my mate doesnt have LPG ticket...... The other mechanic has questioned the above list as suspect like yourself, he rang the RTA while I was there to confirm.

I have said all I need to say, If you dont want to agree thats cool man. I really dont care........

Casey

[high n mighty]

I still smell horsey stuff...

It's what happens when you consistantely shovel shit.

[jacko]

As for the fact of suing tyre fitters who put illegal tyres on your rig it is up to you if you ask for the biggest meanest tyres they have. by law no they are not allowed to fit them but if you ask for them then it should be your responsibility.NOT THEIRS as this is your vehicle and max and min tyre size is on your placard
cheers jacko

[mkpatrol]

Cheers Sir MQ, up with the rules as usual

Why you know all these things?? You work for RTA?

If you are talking to me H&M no I dont, I used to here in the ACT but have moved on. I still have a bit to do with it in my new job.