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My On-going Dispute With Recent Fines I Received


Mr-Toy33

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Amazing how a car enthusiast based internet forum, has so many people who have little or no knowledge in relation to cars and modifications.

The fact does remain that all vehicles must comply to national vehicle standards, that includes modified vehicles. ADR's ring a bell

This is where the blow off valve situation comes into play. (obviously relates to later model engines, check the dotars site for relevent ADR's)

BOV's vented to the atmosphere on vehicles which have these ADR's are illegal, and you will be fined.

It goes against two ADR's listed below. Just to note further, any air that enters the engine through its induction system ie(turbocharger, airbox) must exit through the exhaust. If you want further details on this, gee I dunno contact an engineer. (For the record, I am an engineer)

Not being plumbed back has the following issues

1. It vents crankcase gasses to the atmosphere - Against ADR 79

2. Increases the noise level/induction level - Against ADR

I think people should start doing some research before assuming their modifications are legal, then starting topics on internet forums crying about their defects. Wether they like it or not, most of the time the police are certainly within their right to give you defects. So remove that possibility by making your vehicle legal, might be a good start

You can mod your car correctly, and follow the guidelines which are there for you, get 0 defects, or go ahead and think you can outsmart the law. I know which path I will follow.

Wow, for someone on here for such a long time to have posted just once, you must have had to build right up to your very first time, what being so helpful and all. You come across as the typical engineer. Zero people skills, minimal application, no clue.

Just take the time to go back over the first post, being the obvious target for your clever deductions from ADR's and consider if Qld Transport might or might not have clarified whether (note spelling, the other type is a nutted sheep) they have a specific concern over vented BOVs. Try not to let your obvious superiority by being an engineer cloud your judgement or ability to read. Take notes if you must.

Just so you know, states generally comply with ADRs but must specify their own particular requirements (which can be as simple as stating the ADR or making their own up), hence SA does some things a lot different to say.... Qld. So if Qld Transport say they don't care about atmo BOV then that is what the various elements of the compliance arm must abide by. They cannot decide to commence their own vendetta.

As for the noise compliance, the compliance officers must test for all elements that have a specific test associated and not just make a guesstimate, so in this case a driveby test which if memory serves is rolling at 60kmh through the start of the run in third and then flooring the accelerator and travelling the prescribed distance......nope the BOV won't vent for this test. Sure they can have suspiscions but that usually gets reported through Qld Transport/VicRoads etc. They then issue the order for the vehicle to attend testing. They don't run driveby tests as a rule because the cost outweighs the benefit.

So thankyou for your highly educated opinion, but some of us here are also engineers and possibly (probably) much better at it than you. This is not the place to get in a pi55ing comp but believe me when I say you will depart embarassed.

You may continue lurking. There you will trouble no-one any further.

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:):)

Wow, for someone on here for such a long time to have posted just once, you must have had to build right up to your very first time, what being so helpful and all. You come across as the typical engineer. Zero people skills, minimal application, no clue.

Just take the time to go back over the first post, being the obvious target for your clever deductions from ADR's and consider if Qld Transport might or might not have clarified whether (note spelling, the other type is a nutted sheep) they have a specific concern over vented BOVs. Try not to let your obvious superiority by being an engineer cloud your judgement or ability to read. Take notes if you must.

Just so you know, states generally comply with ADRs but must specify their own particular requirements (which can be as simple as stating the ADR or making their own up), hence SA does some things a lot different to say.... Qld. So if Qld Transport say they don't care about atmo BOV then that is what the various elements of the compliance arm must abide by. They cannot decide to commence their own vendetta.

As for the noise compliance, the compliance officers must test for all elements that have a specific test associated and not just make a guesstimate, so in this case a driveby test which if memory serves is rolling at 60kmh through the start of the run in third and then flooring the accelerator and travelling the prescribed distance......nope the BOV won't vent for this test. Sure they can have suspiscions but that usually gets reported through Qld Transport/VicRoads etc. They then issue the order for the vehicle to attend testing. They don't run driveby tests as a rule because the cost outweighs the benefit.

So thankyou for your highly educated opinion, but some of us here are also engineers and possibly (probably) much better at it than you. This is not the place to get in a pi55ing comp but believe me when I say you will depart embarassed.

You may continue lurking. There you will trouble no-one any further.

With people like you on a forum, what is the point of continueing. (Since you clearly have better social skills than me) :ninja:

Oh for the record, you are very inaccruate in your descriptions and posting. Would pay to query something other than jumping up and ranting on in some attempt at looking intelligent and contradicting the whole reason for you post to begin with.

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  • 4 weeks later...
requested a hearing date.

got this and was set for 30th of march.

this allows us to now gain the cops evidence (the recording of our conversation) and gain further witnesses for our side, e.g - qld transport, etc.

yep, the waiting game that is the qld court system...or practicly anywhere in australia...make that most of the western world. Right to a speedy and inexpensive trial pft, yea right, depends on your definition of speedy and inexpensive i suppose. Keep us up to date, im interested in how you go and how the police react to this whole thing in court. Im in disbelief that it hasn't been settled yet, usually the police prosecutor cant be bothered screwing around with stuff like this. It's interesting, like i said, keep us up to date.

Matt

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requested a hearing date.

got this and was set for 30th of march.

this allows us to now gain the cops evidence (the recording of our conversation) and gain further witnesses for our side, e.g - qld transport, etc.

So your court date on friday was only to set a date for the hearing?

Far out, now I know why so many people don't bother contesting fines. They make the experience so painfull.

If you win do you get re-imbursed for things like the days of work you missed for attending court and travel costs etc?

Keep us updated dude, we're all really interested to see where this goes.

-Insu

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If you win do you get re-imbursed for things like the days of work you missed for attending court and travel costs etc?

Yeah good question, what happend if you win do you get all costs re-embursed (check spelling)...?

Or do you further sue for lost time at work, traveling expences and or emotional damage???

If your father was not in the industry what costs would one reasonablly pay to contest fines like in your case?

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So your court date on friday was only to set a date for the hearing?

Far out, now I know why so many people don't bother contesting fines. They make the experience so painfull.

If you win do you get re-imbursed for things like the days of work you missed for attending court and travel costs etc?

Keep us updated dude, we're all really interested to see where this goes.

-Insu

Some things COULD be reimbursed, IF he wins. But its unlikely they'll award costs, most you'd get would be maybe legals anyway, they dont take into consideration things like days of work missed and court travel etc.

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Yeah good question, what happend if you win do you get all costs re-embursed (check spelling)...?

Or do you further sue for lost time at work, traveling expences and or emotional damage???

If your father was not in the industry what costs would one reasonablly pay to contest fines like in your case?

I have never got cost's back.

I have been made to sign " I will not sue for cost's" contract when the police dropped a a few fines however.

I normaly pay anything from $2kmin to $5k per case I take to court, Col.

I paid more when I sued Queensland transport for my license back :(

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Yeah good question, what happend if you win do you get all costs re-embursed (check spelling)...?

Or do you further sue for lost time at work, traveling expences and or emotional damage???

If your father was not in the industry what costs would one reasonablly pay to contest fines like in your case?

law states that any enforcement agency is not able to reinburse you for any lost of finance or time if anything is to be taken through the courts, etc.

however, we are possibly looking into a nice little lopehole right now that will personally have the cop pay all fee's that i've already forked out plus anythin more i have to pay.

court fees, etc are runnin high if i was to be payin.

so far, fee's would be into the 7k area right now based on the time dad's spent ringing around askin questions, chasing up shit, etc for the court case.

the court case i just had on friday was a court to either 'request a hearing date', 'pled guilty' or 'not pled guilt'. if I was to of pleaded not guilty it would of been a quick 10-20min case with only my side of evidence to give as the otherside wasn't there to give their evidence for the case.

requesting a hearing date has now allowed us to request for the othersides evidence.

the evidence we know they have so far is the conversation recorded between me and the officer.

the conversation has been talked about between me and dad and dad thought it was pretty stupid of me to actually start the conversation with a cop. I simply stated "anyone should have the right to ask any question they wish to a cop without feelin the threat that they are about to be ass raped by them with fines, etc".

waitin to hear back from the other lawyer thats now taking over the case for me.

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