Ok.... so QLD Transport who are to enforce not just QLD Transport rules and laws but also ADR laws are allowed to say "yeah, your car is legal, run off and have a good day"
yet, the police who enforce QLD Transport rules, laws, etc and probably ADR rules to are allowed to turn around and say "sorry, thats defectable, thats defectable, etc etc" then?
I dont think so.
As for the legislation... go look up the laws in regards to defecting people under legislation that the car doesnt comply to. You will see and note that its been stated that whatever legislation I've broken has to be listed on the defect. The person lookin after this case (lucky for me is my father whos also a lawyer) found this and to this effect is a cause for the case to be won by me.
fact that
a) legislation that i've broken is not listed on the defect/fine
and
b) DOT have given the car the all clear with a letter sent to my father from QLD Transport
gives me the case to win this.
The cop wanted to be a f**kwit which he clearly showed and put across to me has backfired because he didnt do his job properly.
It would just be like a lawyer gettin up stating that
lawyer: judge, this person has broken the legislation qld government introduced 10yrs ago
judge: ok, if you say so then he can go to jail
well, sorry... doesnt work like that.
in court, the lawyer has to state what legislation has been broken.
in this case... the same applies to a cop when handing out a defect stating that legislation has been broken.