Interstate vehicle being defected - Page 2

Trevor 57 · 03-02-2015, 06:57 AM

Quote:

Originally Posted by XR5

An example of NSW only having access to NSW rego information is the number plate recognition used by police. Info is uploaded daily from NSW RMS to the machine but the machines can only read NSW rego plates for warnings and registration information. All other States rego plates don't even register with the machine due to the lack of communication between state road authorities. An unregistered Victorian car could drive past and no one would know.

Hope this helps out a bit. I am ex NSW HWP. As I said though heavy vehicles are a different matter. It gets a lot more complicated for them.

what about if a Victorian car is on the NSW RMS data-base for some previous infraction?

devilcv8 · 03-02-2015, 06:57 AM

Quote:

Originally Posted by fordomatic

If you don't go back into that state that you got the defect from they can't do anything about it, it's not registered in there state

I have first hand experience of an ACT issued defect on a nsw registered car.
I was parked at defence at Russel in the public car park and returned to a defect about a cracked windscreen. Note the crack was not in drivers vision and was not a defect in nsw. the defect stated it could be cleared in act or nsw.
I took the opportunity to see what happens if I ignore it.
It appeared I was a victim of mail theft as no reminders appeared but when the defect wasn't cleared it was passed to nsw rta.
Rta sent a letter, not received, giving me 21/28 days to clear the defect.
Rta sent a reminder stating rego would be cancelled if the defect wasn't cleared, not received.
Rta sent a letter stating your rego is now cancelled as of, a date 2 weeks earlier, as you have not cleared the defect. This one I did receive on a Friday.
Result was a scramble to get blue slip and get to rta on Saturday morning, and then discuss with the rta about keeping my personalized plates as the rules stated they had to be surrendered and couldn't be reused. Ended up keeping them, and ensured I told people who ever asked the question, that yes, interstate defects can and will follow you home.

Trevor 57 · 03-02-2015, 07:48 AM

Well there you go, first hand experience

**Polyal** · 03-02-2015, 08:42 AM

What a crock.

Again it depends on the defect but if you have to modify your vehicle to travel through a state then thats madness. I dont have a particular example but if the bullbar one could be used imagine having to deal with removal of that on your journey.

Why oh why dont we all run by the same rules...oh thats right, it keeps people employed in jobs with questionable productivity......

pundit · 03-02-2015, 08:53 AM

Quote:

Originally Posted by Trevor 57

On the positive side of the coin, may NSW learner's and P Platers are not aware that you can sit on 100/110 in Victoria as there is no law that says they need to stick to the NSW laws, you cannot get booked for exceeding 90 in Victoria

I am on my P's in SA and looked into this as a SA P plater can only do 100.. How is is, I have the follow the road rules of the state I am in but the conditions of my licence.. My licence conditions is anything over 100 is a breach of conditions and loss of licence :/ so I can't do 110 even though a vic p plater can in the same spot.. The odds of getting caught for it are slim to ** all but not worth it to shave a few mins :/

tut0r · 03-02-2015, 08:56 AM

Quote:

Originally Posted by pundit

I am on my P's in SA and looked into this as a SA P plater can only do 100.. How is is, I have the follow the road rules of the state I am in but the conditions of my licence.. My licence conditions is anything over 100 is a breach of conditions and loss of licence :/ so I can't do 110 even though a vic p plater can in the same spot.. The odds of getting caught for it are slim to ** all but not worth it to shave a few mins :/

I still did 110 when I was on my p's in other states at the end of the day those cops don't know each states little rules and it's somewhat of a grey area if they tried to fine you for it. Because you're obeying the road rules, you are right you have to still follow your license rule but don't forget you can still get fined for going to slow.

**DJM83** · 03-02-2015, 09:07 AM

Quote:

Originally Posted by Polyal

What a crock.

Again it depends on the defect but if you have to modify your vehicle to travel through a state then thats madness. I dont have a particular example but if the bullbar one could be used imagine having to deal with removal of that on your journey.

Why oh why dont we all run by the same rules...oh thats right, it keeps people employed in jobs with questionable productivity......

Couldn't agree more.

Vesper Martini · 03-02-2015, 09:23 AM

Quote:

Originally Posted by Trevor 57

that is fine as long you don't take the vehicle back into the State of issue coz they will nab you, in Victoria all Traffic Police cars have number plate recognition software and can pick cars (or registered owners) that are on their database that have issues and the Policeman gets a beep to let them know

That's what I was thinking

Hitman · 03-02-2015, 11:00 AM

Yes you can, been there done that.
the sticker gave me 7 days to drive it/ fix it, I was leaving the state in a few weeks so I went and got an extension on the sticker and was told to peel the sticker off after I crossed the border and not to bring the vehicle back into the state.

Trevor 57 · 03-02-2015, 12:31 PM

Quote:

Originally Posted by pundit

I am on my P's in SA and looked into this as a SA P plater can only do 100.. How is is, I have the follow the road rules of the state I am in but the conditions of my licence.. My licence conditions is anything over 100 is a breach of conditions and loss of licence :/ so I can't do 110 even though a vic p plater can in the same spot.. The odds of getting caught for it are slim to ** all but not worth it to shave a few mins :/

my friend your licence is issued in S.A. that is where the conditions stay, I will say it again there is NOTHING in the Victorian law that says "oh S.A. drivers and NSW drivers can only do . . . . ." You will NOT get booked for doing 110 on our freeways (where 110 is the posted limit)

The limit for ALL drivers in, or who drive through Victoria, regardless of where their licence was issued is 100 / 110

However if you go through NSW where the limit is 90 then you will possibly get pulled over, you may have to explain why you are doing 100, you may get away with it in 90% of cases up there.

6 x 4 trailers do not need to be registered in Victoria, however they do in NSW so when I tow my trailer into NSW I have a Victorian 'Trailer Exempt' number plate on it and have never been pulled over about it

Trevor 57 · 03-02-2015, 12:37 PM

Quote:

Originally Posted by tut0r

I still did 110 when I was on my p's in other states at the end of the day those cops don't know each states little rules and it's somewhat of a grey area if they tried to fine you for it.

there is NO grey area, the State Police can only book you for breaches of their States road legislation, they do NOT have the power to book you for breaches of interstate road legislation, jesus, this is pretty bloody simple

I have been working with law, in particular road law since 1987, I am happy to debate. In years gone by I have even debated road law with a highway patrol inspector and won

Major crime like murder is a whole different story, they can detain you until their interstate counterparts arrive, then they have to do whole extradition thing

ozrunner · 03-02-2015, 02:39 PM

Quote:

Originally Posted by XR5

...........................
However if the vehicle was not defective in their home state as far as modifications etc went, another state cannot defect that vehicle as the vehicle is only visiting and complies with the relevant legislation of the State it is registered in.

Well Qld seems to have a different rule about that. I was planning a trip into Qld in 2001 to check it out and also visit Fraser Island in my fully WA legal 1990 5.0 Efi V8 4Runner.

But just prior to leaving I happened to read an article in a 4WD mag that had similar questions as the OP's and their answer was to check with each State beforehand if you have major modifications as not all recognise others etc. Although mine was fully legal and insured I decided to email QLD DOT just to cover bases.

The answer I received was "You are NOT PERMITTED to use that vehicle on QLD roads !!!!!!!

After getting over the shock I considered this a bizarre response and replied along the lines of " You are kidding as its WA licenced and insured as a V8 and surely I am able to travel anywhere in Australia as its not Russia".

I then received another response advising if I forwarded copies of correspondence certifying its legality they MAY reconsider.

I did this conversion in 1993 and at that time it was the first in the world for this model. I made a lengthy technical submission to the WA Police Vehicle Modifications Section due to it exceeding their current allowances and due to this the Manager himself dealt with it. I sent a copy of his approval letter and a copy of my registration showing it licenced as a V8.

A few days later I received a response along the lines of "Welcome to Qld and we hope you have a great time". BUT he also indicated I should have a copy of all these emails in my glovebox !!!!!

Seemed an odd statement but I did so and it all became clear 10klm over the border as I was pulled over by a cop car and the officers asked if this was a V8. When responding "yes" their eyes lit up as he reached for his pad. I then showed him the emails and they were not happy as I was let on my way.

I've since travelled throughout SA, Vic and NSW with no similar issues and have done so many times. On my way home on one trip a SA motorcycle cop pulled me over and I was thinking, here we go again, but he just wanted a chat as he had a 4Runner and wanted to put a V8 in it

.

But in Qld I still need that documentation in the glovebox

and I thought WA was behind the times.

tut0r · 03-02-2015, 02:57 PM

Quote:

Originally Posted by Trevor 57

there is NO grey area, the State Police can only book you for breaches of their States road legislation, they do NOT have the power to book you for breaches of interstate road legislation, jesus, this is pretty bloody simple

I have been working with law, in particular road law since 1987, I am happy to debate. In years gone by I have even debated road law with a highway patrol inspector and won

Major crime like murder is a whole different story, they can detain you until their interstate counterparts arrive, then they have to do whole extradition thing

Go call RTA, SA gov and Vic roads and tell them that then, calling em as I sees em and going off the info presented to me at the time by each state, IE they both said different things at different times and on top of that if we are going to argue whats right or wrong maybe i'll just say, the people who are in charge of pulling you over or giving advice on their own states road rules are missinformed(vic roads, rta) need better training as I never got a straight answer from either.

While you may be right, it doesn't stop the fact of being hassled because of such things and I am assuming if you did get defected or fined you would still have to go to court to prove it wrong which is a hassle in itself.

Trevor 57 · 03-02-2015, 03:44 PM

I don't need to call anyone, I know the law, I am not going to go looking but you find the law they can book you under, here is the link, go your hardest:

Law Today Victoria

You need to decide whether you want to look at the Acts or the Regulations, most time this sort of stuff is in the Regulations, so be click on 'Statutory Rules', then click on 'R' and go your hardest - let me know the outcome

I could go looking but I know I won't find anything that allows Victorian Police to book you for a NSW or SA road law offence whilst you are driving in Victoria, all I will find is a list of Victorian offences that the Victorian Police can book you for whilst driving in Victoria

noflac52 · 03-02-2015, 03:46 PM

In regards to legalities between states and using vehicles. The director of RMS stated at the motorist enthusiast conference that if a vehicle is legally registered in one state it can be legally driven in any other state of Aust. The importance being on "legally registered" including all and any modifications.

Trevor 57 · 03-02-2015, 03:47 PM

Just for a minute just imagine there is NO speed limit anywhere, there was no law the limited how fast you could drive

Well then how would the Police book you for it? Simple answer they can't, and that is what I am saying, there is no law in Victoria that says P Platers have to do 90 so how can they book you for it?

Trevor 57 · 03-02-2015, 03:50 PM

Quote:

Originally Posted by noflac52

In regards to legalities between states and using vehicles. The director of RMS stated at the motorist enthusiast conference that if a vehicle is legally registered in one state it can be legally driven in any other state of Aust. The importance being on "legally registered" including all and any modifications.

Whilst technically that is true, but after registration modifications do happen and remember Victoria does not have annual road-worthies to monitor any modifications

tut0r · 03-02-2015, 03:56 PM

Quote:

Originally Posted by Trevor 57

Just for a minute just imagine there is NO speed limit anywhere, there was no law the limited how fast you could drive

Well then how would the Police book you for it? Simple answer they can't, and that is what I am saying, there is no law in Victoria that says P Platers have to do 90 so how can they book you for it?

So if I understand you correctly are you saying, if i am a victorian P plater(which has no speed restriction) and I drive in nsw where p platers do have a speed restriction, you are required to do the speed of a nsw p plater?

Trevor 57 · 03-02-2015, 04:09 PM

Quote:

Originally Posted by tut0r

So if I understand you correctly are you saying, if i am a victorian P plater(which has no speed restriction) and I drive in nsw where p platers do have a speed restriction, you are required to do the speed of a nsw p plater?

Yes, that is correct, you are required to comply with the laws of the State, I did say this above

Although NSW is interesting as they have 2 sets of laws regarding P Platers, how they interpret the Victorian system into that would be interesting

Trevor 57 · 03-02-2015, 04:13 PM

Another example is U turns at traffic lights (which someone else has spoken about), in NSW you are NOT do a U turn at traffic lights unless there is a sign permitting it

In Victoria you can do U Turns at traffic lights (unless there is a sign prohibiting it), so if a NSW driver does a U turn at permissible traffic lights in Victoria are they going to booked for it - of course they're not, it is the same with speed limits

However if a Victorian does a U Turn at traffic lights in NSW they can be booked for it

tut0r · 03-02-2015, 04:18 PM

Quote:

Originally Posted by Trevor 57

Yes, that is correct, you are required to comply with the laws of the State, I did say this above

Although NSW is interesting as they have 2 sets of laws regarding P Platers, how they interpret the Victorian system into that would be interesting

See this is what I meant by grey area as RTA AND Vicroads said while I follow their road rules I follow the rules tied to my license, their explaining was basically since my license has no restrictions on speed that it didn't apply to me in NSW because that rule is tied to someones license as opposed to a blanket wide rule of say a 40 zone in school zones, or a speed set up for a stretch of road.

**GasoLane** · 03-02-2015, 04:20 PM

Quote:

Originally Posted by tut0r

So if I understand you correctly are you saying, if i am a victorian P plater(which has no speed restriction) and I drive in nsw where p platers do have a speed restriction, you are required to do the speed of a nsw p plater?

I heard a NSW HP officer a while ago (I'm a Truckie, I had a scanner

) asking about this.

It seems that a Vic P plater is allowed to drive in NSW to his Vic P plate rules.
ie: If he's allowed to do 100 in Vic he can do that here, despite our P platers being restricted to 90.

tut0r · 03-02-2015, 04:23 PM

Quote:

Originally Posted by GasOLane

I heard a NSW HP officer a while ago (I'm a Truckie, I had a scanner

) asking about this.

It seems that a Vic P plater is allowed to drive in NSW to his Vic P plate rules.
ie: If he's allowed to do 100 in Vic he can do that here, despite our P platers being restricted to 90.

This was the impression I was under, but I have heard conflicting reports from police and the state(RTA,VicRoads). I think either way its one of those laws most cops wouldn't touch on the same with indicating to leave a round about.

This would also be the same as p plate display for SA p platers on P2s they are not required or weren't, so you wouldn't put them on if you were in a different state. Then again it states it on the back of my old license so when police asked I could show them

**GasoLane** · 03-02-2015, 04:30 PM

Perhaps if XR5 gets back on he can throw some light on the subject, after all he was one of the 'bad guys' once. (I'm a Truckie. he was NSW HP

)

Trevor 57 · 03-02-2015, 04:55 PM

Quote:

Originally Posted by tut0r

See this is what I meant by grey area as RTA AND Vicroads said while I follow their road rules I follow the rules tied to my license, their explaining was basically since my license has no restrictions on speed that it didn't apply to me in NSW because that rule is tied to someones license as opposed to a blanket wide rule of say a 40 zone in school zones, or a speed set up for a stretch of road.

They can book you in NSW, it is whether they decide to or not

Trevor 57 · 03-02-2015, 04:57 PM

Quote:

Originally Posted by GasOLane

I heard a NSW HP officer a while ago (I'm a Truckie, I had a scanner

) asking about this.

It seems that a Vic P plater is allowed to drive in NSW to his Vic P plate rules.
ie: If he's allowed to do 100 in Vic he can do that here, despite our P platers being restricted to 90.

I would like to see a Magistrates determination on it before I would do it, you are breaking their rules. Mind you Magistrates determinations are not set in concrete, as I said before the average HWP do get things wrong

Trevor 57 · 03-02-2015, 04:59 PM

Quote:

Originally Posted by tut0r

I think either way its one of those laws most cops wouldn't touch on the same with indicating to leave a round about

Indicating to leave a roundabout has been law in every State since 1999

burnz · 03-02-2015, 06:39 PM

Quote:

Originally Posted by tut0r

See this is what I meant by grey area as RTA AND Vicroads said while I follow their road rules I follow the rules tied to my license, their explaining was basically since my license has no restrictions on speed that it didn't apply to me in NSW because that rule is tied to someones license as opposed to a blanket wide rule of say a 40 zone in school zones, or a speed set up for a stretch of road.

a red p plate is 90kph (12 months) a green p plate is a 100kph (24 months)

more info here
http://www.nrmasaferdriving.com.au/l...strictions.htm

Road Games · 03-02-2015, 06:57 PM

Slow news day for Trev obviously

XR5 · 04-02-2015, 12:41 AM

Quote:

Originally Posted by GasOLane

Perhaps if XR5 gets back on he can throw some light on the subject, after all he was one of the 'bad guys' once. (I'm a Truckie. he was NSW HP

)

Ha ha. No that's right. Vic p plater can travel at the 100. He has to abide by his licence conditions not our states.

As for trevs question here in NSW we wouldn't issue the defect notice so it would not come up on our ANPR but if we did then yes it would come up but all we would do would be issue more fines or defect notice as the NSW RTA or RMS as they are now has no power to cancel or suspend the registration of an interstate vehicle. If we really wanted to push the issue we could send a report through to VIC roads about the car but nothing would be done about it. The transport departments don't like making work for themselves.

As I said that's NSW only though. Each State has their own legislation and none of them are identical. Hopefully most coppers are good natured enough to realise that, although I know some of them out there are real buggers. For example I never booked anyone who flashed me a QLD, VIC or ACT licence for the U turn offence.

Unpaid fines are different. If you don't pay the fine then they will track you down but for a defect notice then no, unless you had a really bad copper or really ticked them off and they have taken the matter further.

Sorry about the late reply. Had a hectic day.