tss
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Posts posted by tss
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i believe you mate i was just after something written in regards to vass i couldnt find anything
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.
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i can see the defect bit, and the conditions of use of the vehicle part, what about the right to request a vass certificate
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"
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ive been scouring the net through all the traffic laws, acts etc. i cant find anything solid about police and vass, do you know where i can find it?
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
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ive been scouring the net through all the traffic laws, acts etc. i cant find anything solid about police and vass, do you know where i can find it?
here for VASS
http://www.vicroads....atoryScheme.htm
and
http://www.vicroads....difications.htm
and
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So the police. As stupid as some can be are qualified to ask you to get a vass certificate? That's f**ked up. Before any cop does a check on your car ask them if they have completed the according training and have the certificate with then that they can do a rwc check. Has caught out a few cops in my time
they cbf calling tmu so I left.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
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i know cops have the authority to defect a car based on an observation of unroadworthiness and the right to report you to the EPA based on an observation of the car being below emmisions standards .... but i wonder if they have the right to order a vass engineers certificate!
Yes they do.
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If they have put on there VASS required, Vicroads wont clear the defect until you get the certificate. The VASS engineers might be picky with other mods you have.
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.
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Does anyone know if with a RWC to clear a defect do the specific defect items need to be stated on the roadworthy as fixed?
Yes ant items listed needs to be fixed, but a car shouldn't past roadworthy without these items bing fixed.
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IMO the officer is in the wrong and cannot specify which VicRoads you need to attend as any defect can be cleared at ANY VicRoads.
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.
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Its written on my defect I'm can only clear it at denmark street and required to only be cleared by appointment with this guy, anyone been to this joint before?
Denmark Street Kew is Vicroads head office.
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can someone get me the mailing address of EPA, so I can send in my letter, or if it would be better to call them, the number to call them at. Now, I won't be able to read their reply, and I doubt they're willing to send the reply to my address in Singapore, so how do i know i have an extension?
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
vehicle.enforcement@epa.vic.gov.au
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He doesn't know what he's talking about - I do though
By law, the officer does NOT have to show you the radar gun in Victoria.
You may request to see it, however they do not have to honour this request.
That said, it might have changed in recent times, although i doubt it.
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.
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I am not aware of any law against window washing, but that day, the officer decided to take action and make the law...
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.
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The fine for Fail to display “P” plates when and as required RS(D)R 55(1) $117 and 3 demerit points
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So i ask the fellow SAUers whats the price tag on these fines?
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
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bad luck dude, but listen to conan7772, a lot of cops dunno wot they r talking about and just wanna be a pain in ur ass. if they are going to hand u a defect then ask to see their TMU license, no license the get their badge number and report them cos they are not allowed to check out ur car or look under the hood or issue defects.
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.
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This will never pass....this is as stupid as trying to implement a nationwide firewall which filters absolutely everything going in and out of Australia....no one in their right mind would even think abou....oh wait
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).
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So let me get this straight, I can have a set of wheels that are larger than standard by 1" (fully legal), and that gives an officer the right to inspect my entire vehicle, because he / she now has "reasonable grounds" to suspect my vehicle is not complying with the act, even though the wheels are fully compliant. How does the existence of a fully legal "modification" give an officer "reasonable grounds" to suspect that the vehicle doesn't comply with the Act? That makes absolutely no sense. I don't think a reasonable person would consider that "reasonable grounds".
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
To me, that's the equivalant of an officer driving past someone's house and stopping because he sees a suspicious plant in the front of a property that looks like Marijuana. It turns out it's just an innocent indigenous shrub, however he knocks on the front door because he now has reasonable grounds to suspect that the owner of the house has a marijuana plant inside. Perhaps not the best analogy, but equally as nonsensical nonetheless.Sounds like typical bully-boy tactics used to take advantage of less legal minded road users to me
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.
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Yes but it is not longer reasonable grounds if the modifications they are quoting are legal.
I'm dubious as to suspicion alone.
"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.
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A point I'm trying to make is...
"What if you can't remember where the bonnet release is?" OR...
"What if you don't know where it is?" OR...
"What if your bonnet release is fixed in position with a coach screw"...
Does Mr/s Plod have the authority to touch your car and release it himself/herself???????????????
I DOUBT THIS VERY MUCH!!!!!!!!!!!!!!!!
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.
Because, once you release the bonnet, you are in effect giving him/her the 'authority' to inspect.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.
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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)
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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.
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There's also a section in the RSA about that talks about the fact that there has to be a reasonable indication that an officer is attempting to pull you over. (or words to that effect)
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.
I wouldn't pull over, I'd just speed off, they don't have the power to prosecute you for alleged speed, that much i'm sure.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
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Do you have reference to any document that states this? I've certainly never heard of it before, I would not pull over for anything but a police car as I'd be unsure as to why/who they are.
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.
as I'm doing it on my own time to help you.
they cbf calling tmu so I left.
Just Got Defected..
in Victoria
Posted · Edited by tss
far, far, far worst then that,
I've been outed earlier, look it up.