tss

far, far, far worst then that, I've been outed earlier, look it up.

Yeah no problems, I'm happy to help if I can. The information I posted was from the Victorian police Vehicle Safety Manual, but I can't post it up. I know it doesn't spell it out in laymans terms but thats is where it relates. What the cop has done is right, maybe a little harsh? I can't say as I wasn't there! but what he has done is not outside his powers.

Here it is, under Road Safety (Vehicles) Regulations 2009 section 257 http://www.austlii.e...09309/s257.html 257 Use of modified vehicles (1) A person must not use on a highway a vehicle that has been modified from the condition in which it was in when first registered unless the modification— (a) has the Corporation's approval; or (b) has been carried out in accordance with guidelines published by the Corporation which are available— (i) at the offices of the Corporation; or (ii) on the internet website of the Corporation. Penalty: 5 penalty units. (2) The Corporation must not give its approval to or in respect of a vehicle modification if the vehicle no longer complies with the standards for registration unless the Corporation proposes to register the vehicle under regulation 30(1). The Corporation approval means a VASS certificate Guideline published by the corporation means VSI (vehicle standards information) I can't prove this more then this, without releasing internal documents which I not allowwed to do. But trust me, I do this for a living, I'm giving you the correct information, I have no reason to lie to you. If you really want to check call the the police general number and ask to speak to the Vehicle safety testing centre and ask them. You own me a beer sometime for digging this stuff up. as I'm doing it on my own time to help you. And yes the cop may be was a bit tough on you, bit you did know that you were breaking the law. as it's said "do the crime, do the time"

And for the police bit here http://www.austlii.e...986125/s14.html *PS sorry about the number of post, I was replying as I was reading

here for VASS http://www.vicroads....atoryScheme.htm and http://www.vicroads....difications.htm and http://www.vicroads....8340/0/VSI8.pdf

Cops don't need to do any training to issue defects, as soon as they are cops they can. No one carry's the certificate, as its not required and anyway as its an A4 sheet of paper, so its not that easy to carry

Yes they do.

Your correct, if a VASS is stated as required then you need one. it won't be cleared without it. And yes an officer can require one on a defect notice.

Yes ant items listed needs to be fixed, but a car shouldn't past roadworthy without these items bing fixed.

You would be wrong here, an officer can tell you what vicroads to get it cleared at. If they want to make life hard, they could have put Mildura. In most cases they right ANY (vicroads) in this section, but nothing stops them from put a certain vicroads.

Denmark Street Kew is Vicroads head office.

Here you go. Environmental Performance Unit 200 Victoria St, Carlton Vic GPO Box 4395 Melbourne Vic 3001 Tel 03 9695 2675 Fax 03 9695 2520 [email protected]

R31Nismoid is right, but most of the times an officer would not have a problem showing you, although as R31Nismoid has said they don't have too.

No he didn't, there is a law, Road Safety Road Rules 2009 236 Pedestrians not to cause a traffic hazard or obstruction (1) A pedestrian must not cause a traffic hazard by moving into the path of a driver. Penalty: 1 penalty unit. (2) A pedestrian must not unreasonably obstruct the path of any driver or another pedestrian. Penalty: 1 penalty unit. (3) For subrule (2), a pedestrian does not unreasonably obstruct the path of another pedestrian only by travelling more slowly than other pedestrians. (4) A pedestrian must not stand on, or move onto, a road to— (a) solicit contributions, employment or business from an occupant of a vehicle; or (b) hitchhike; or © display an advertisement; or (d) sell or offer articles for sale; or (e) wash or clean, or offer to wash or clean, the windscreen of a vehicle (other than a parked vehicle). Penalty: 2 penalty units.

The fine for Fail to display “P” plates when and as required RS(D)R 55(1) $117 and 3 demerit points

Drive in a bus lane when not permitted RR 154(1) $117 No points Breach of a condition of driver licence or permit in Schedule 2 to the RS(D)Rs, RSA 18(1)(b) $117. No points

Don't know were you got your information from but its complete Bullsh*t Any police officer, dept of Transport officer or vicroads officer can defect your vehilce, TMU mainly do it over GD police because it's more inline with there core duites. here is the the regulation that tells you who can defect a vehilce. Road Safety Act 1986 Section 14 Defective vehicles (1) A member of the police force or a person referred to in section 13(6) may, in accordance with the regulations, on discovering a vehicle that does not comply with this Act or the regulations— (a) issue a warning or a vehicle defect notice; or (b) impose conditions on the use of the vehicle; or © prohibit the use of the vehicle. Sub-section 13(6) 13(6) In this section authorised officer for the purposes of this section means— (a) an officer of the Corporation authorised in writing by the Corporation for the purposes of this section; or (ab) a person employed under Part 3 of the Public Administration Act 2004 in the police force of Victoria who is authorised in writing by the Chief Commissioner of Police for the purposes of this section; or (b) an employee in the Department of Infrastructure authorised in writing by the Secretary to the Department of Infrastructure for the purposes of this section.

It has already passed, the law is being introduced on the 09/11/09 here is a website with all the new road rules http://roadrules.vicroads.vic.gov.au/ here is another interesting new rule Centre dividing line A driver will not be able to overtake, or do a U-turn across a single continuous centre line, or a single continuous line to the left of a broken line. However a driver can cross over a centre dividing line (except a double continuous centre dividing line) when entering or leaving the road (see diagram).

Its "reasonable grounds" because how does an officer know that your legal modification eg.1" larger wheels is legal, unless they inspect the wheels. if it's legal then you will be sent on your way. it's a bit hard to inspect a vehicle which is on the move The government allows a person to modifiy their vehilce within the standards, so there needs to be away that they can confirm that it complies to this standard.

"reasonable grounds" still apply if the modifications are legal, the "reasonable grounds" to inspect the vehicle is to see if it modifications are in fact legal and comply with the regulations. If they do comply, then you will be sent on your way without a defect notice.

Mr Plod does have the authority to touch your car and do it themselves, but as gdogzgtr has said, why bother wasting your time. You would just send them for a full EPA, defect their vehicle, and fine them. I have been also asked in a PM (answering it here as I don't have enough post to PM yet) if they can unbolt parts and disconnect things from the engine. The answer to this is, they can, but wouldn't normally bother, if there is something that doesn't look right or doesn't belong, why waste your time and risk damaging something when you can just get the driver to get a full roadworthy or EPA test. As I said earlier, they already have the 'authority' to inspect; you don't need further 'authority' to inspect under the bonnet, once reasonable grounds have been established to inspect the vehicle in the first place.

Police need "reasonable grounds" to stop you and do an inspection. Once this has been established, they can do any tests which the inspecting officer or member of the police force decides to be appropriate, So if an officer sees you have modified wheels on your vehicle even although they might be legal, this is the "reasonable grounds" to do an inspection to see if the vehicle is complying with the act or regulations. Once they have established this "reasonable grounds" then they can do a complete inspection of the vehicle, which includes opening the bonnet if they want. There is no requirement for an officer to tell you what "reasonable grounds" they had to do an inspection, although most will if you ask. "reasonable grounds" to do an inspect is a very easy thing to get, basically if your vehicle has been modified in any way from stock form (illegally or legally) then that gives the officer "reasonable grounds" to inspect the vehicle to see if it complies with the Act or Regulation. As an example of some of the less obvious things are: Air fresher hanging from your rear vision mirror, GPS unit attached to your windscreen, legal tinted windows, stickers on your windows, mobile phone ariels, after market head lights, bull/nudge bars. Any type of non stock wheels/tyres, after market seats. R31Nismoid, your scenario might work on some general duties officers, but certainly wouldn't work on a TMU officer, if fact, it would most likely make the situation worst for you. The side of the road is never the place to be smart or argue with an officer, it will most likely only make the situation worst for you. If you disagree with what has happened, it's best to take the matter up at a later date. (eg. court/formal complaint)

Power to inspect vehicles comes under section 13(1) of the Road Safety Act 1986. 13 Power to inspect motor vehicles and trailers (1) An authorised officer for the purposes of this section or a member of the police force may at any reasonable time inspect a motor vehicle or trailer which is being used on a highway if the officer or member believes on reasonable grounds that— (a) the driver of the motor vehicle is not complying with this Act or the regulations in driving a motor vehicle of that kind; or (b) the motor vehicle or trailer does not comply with this Act or the regulations. What inspection means is covered in Section 13(4) 13(4) An inspection may include any tests which the inspecting officer or member of the police force decides to be appropriate. Which means they can have you open the bonnet, if they want. So basically if the officer believes on reasonable grounds that your vehicle has been modified in anyway, or doesn't comply with the act or regulations they can inspect your vehicle. There is also no law stopping them from taking photos as evidence, and refusing to allow them to inspect the vehicle is an offence.

That's why they have Lights and sirens fitted to their vehicles, Magistrates won't believe that you didn't know you had to stop,are the lights and sirens were activated. They take the view that it's your responsibility to know and obey the Road Rules. The vehicles are fitted out with speed measuring devices, so there would be nothing alleged about your speed, and if they didin't catch you but get your rego, then you will receive a nice surprise in the mail

Certainly do!! Also besides the Police under the Road Safety Act, you must stop when signalled by either VicRoads officers or Victorian taxi Directorate Officers (VTD) What I said before about Vicroads Officers also applies to Victoria Taxi Directorate officers Power to stop under the Road Safety Act Section 59 General duty of driver or person in charge of motor vehicle (1) The driver or person in charge of a motor vehicle on a highway has the following duties— (a) to stop the motor vehicle, produce for inspection his or her driver licence document or permit document and state his or her name and address if requested or signalled to do so by— (i) a member of the police force or an officer of the Corporation or of the Department of Infrastructure (being an officer authorised in writing by the Corporation or the Secretary of the Department of Infrastructure, as the case requires, in that behalf); or Powers to issue infringemets, Road safety Act again Section 88 Traffic infringements (1) A person who is referred to in section 77(2)(a), © or (d) who has reason to believe that a person has committed a traffic infringement of a kind that is prescribed for the purposes of this Part may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice. (Here's section 77) 77 Power to prosecute (2) The following people may prosecute for any offence against this Act or the regulations— (a) any member of the police force; © any employee in the Department of Infrastructure who is authorised in writing to do so either generally or in any particular case by the Secretary to the Department of Infrastructure; (d) any officer of the Corporation who is authorised in writing to do so either generally or in any particular case by the Corporation; An Officer of the Corporation is a Vicroads officer An Officer of the Department of Infrastructure is A Victorian Taxi Directorate Officer (note dept of infrastructure is now dept of transport) Normally they won't bother with normal vehicles, unless you do something stupid, so just behave around them.