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Interesting topic

Did a bit of research and found this:

'5.1. Do I have to go to the station with police?

You have to go with the police only if you are being formally

arrested for an offence or you are being formally detained for

questioning about an indictable offence. You can also be required

to go to a police station for a blood/breath test in relation to a drink/

drug driving offence.

Otherwise, if the police ask you to accompany them to the police

station, you can decline to go with them.'

http://www.caxton.org.au/pdfs/Police%20Powers%20Your%20Rights.pdf

Though I'm sure if you said 'no thanks' to the officer, they might decide to ream you with a multitude of defects and an epa notice, fines etc..

I can't imagine it going down like. 'Please follow me to the EPA Station'. 'No thank you Sir'. 'Ok, no worries have a nice night' :D

Or they could just arrest you :D

However, in certain circumstances, police can arrest you without

a warrant.

You may be arrested without a warrant if the police

reasonably suspect that you have committed or are committing

an offence and acting without a warrant is, in the police offi cer’s

opinion, reasonably necessary for a number of set reasons,

including:

• to stop you from completing or repeating an offence;

• to make enquiries about your identity (see above);

• to ensure that you are brought before a court;

• to protect you or another person;

• to stop you running away from the place of the offence;

• to preserve evidence, to prevent you from making up evidence

or destroying evidence, or to stop you from interfering with

witnesses;

• because you have disobeyed a police direction or you have

assaulted or obstructed a police offi cer; or

Interesting Tony....

I think the reason would be.....to preserve evidence, to prevent you from making up evidence or destroying evidence, or to stop you from interfering with witnesses.

Otherwise you could go and change your exhaust etc and they wouldn't be able to prove that you ever had it.

You are not committing a indictable offence.

Therefore it's irrelevant.

Cops have no right to make you drive ANYWHERE in Victoria.

They wanna defect/EPA test you. Make the station come to you.

There would also be a length of time they could detain you as well. That would need to be looked into as after a certain amount of time. Without being formally arrested, ain't shit they can do.

You are not committing a indictable offence.

Therefore it's irrelevant.

Cops have no right to make you drive ANYWHERE in Victoria.

They wanna defect/EPA test you. Make the station come to you.

There would also be a length of time they could detain you as well. That would need to be looked into as after a certain amount of time. Without being formally arrested, ain't shit they can do.

Now that I know this, I wouldn't go with them if they asked me.

this comes up alot it would be good to get it from the police, smokey on ns is of the opinion its a legal obligation to follow the instruction so i beleive his advice to be true and correct, he is a cop so could be bias but i for one wouldnt be saying no thanks im not following you and i suspect 99.9% of people will say "bs i wont follow them either" until the situation comes when they stop you and say follow me you'll go "ok officer" cos im sure the alternative isnt pretty of objecting.

good luck if you do object - let us know how you go.

You do have to take direction from an officer of the law, that is certainly true, no arguments there.

However how far does that extend? That is what is in question here.

It would be good to see the actual law referenced that states this. And also the punishment/fine associated. I mean if it's only a $100 fine. Fk that, I'd simply pull the keys outta the ingition and walk off. They aren't allowed to tow it if it's legally parked.

Without it, it's speculation. I've proven Smokey to be incorrect a few yeras back in that thread on NS (dont go there these days), so he is definately not always right.

It would be good to see the actual law referenced that states this. And also the punishment/fine associated. I mean if it's only a $100 fine. Fk that, I'd simply pull the keys outta the ingition and walk off. They aren't allowed to tow it if it's legally parked.

Definitely a MUCH better option than the $600 dollar fine with having a car louder than a hairdryer and/or extra defects on top of that...

Yeh I'm not saying smokey is right but I doubt it's as easy as saying no thanks I'm not following you - otherwise plenty of people would have picked up on it and be doing exactly that

I'd like to see the law regarding it myself out of interest never found anything firm though

From this news report about "Operation Killerwatt" they specifically say at 2m 40s "Failure to comply, and follow us back to the station, is committing an offence."

They don't mention what the Offence in is though.

Just received an EPA letter for Exhaust Noise so need to get it tested.

After scouring through the thread, can it still be confirmed it is just a noise test (no checking under bonnet)?

Reason I ask is because at the very bottom right hand corner of the letter, on the back (presumably so no-one can see it) is written "manafacturer specified emission equipment to be functional". Does that refer to exhaust requirements such as a working cat converter? Or does it mean under-bonnet systems too?

My charcoal cannister has been binned and the PCV valve is gone too (using RB26 rocker covers) so if it's just a noise test, then I'm fine (checked regulations from the 2003 EPA handbook, section 10 and 13 as mentioned on letter and only mention exhaust noise limit but nothing about emission systems like PCV and carbon cannister).

If you've been reported for exhaust noise test, that's all they will check. Sounds like a cop spotted you and reported your numberplates.

The workshop is only required to check the other emissions stuff when you receive an EPA violation notice because the cop checked under your bonnet and reported you for an EPA violation, e.g. two intake mods. The exhaust system is part of this, so if you get done for two intake mods they will do a noise test too.

LOL i just hope this operation kilowatt doesn't come to Victoria! But I would crakup seeing some guy say na bro I aint following you and just lock up and walk off...

I'm pretty sure it already came to Melbourne.

As per the notice. Exhaust noise, is just exhaust noise.
If you've been reported for exhaust noise test, that's all they will check. Sounds like a cop spotted you and reported your numberplates.

The workshop is only required to check the other emissions stuff when you receive an EPA violation notice because the cop checked under your bonnet and reported you for an EPA violation, e.g. two intake mods. The exhaust system is part of this, so if you get done for two intake mods they will do a noise test too.

Thanks alot fellas, makes me feel better now :thumbsup: and yeah, I was spotted by po-po and reported so pfffft to them haha

  • 3 weeks later...

Thanks alot fellas, makes me feel better now :thumbsup: and yeah, I was spotted by po-po and reported so pfffft to them haha

must be our area, finally got the 33 going tonight and got done for too low and noise lol

any one know what the db limit @ what rpm for an r33 gtst?

Edited by W0rp3D

must be our area, finally got the 33 going tonight and got done for too low and noise lol

any one know what the db limit @ what rpm for an r33 gtst?

90db at around 3800 - 4000 rpm or so? not 100% sure on the rpm point.

\/\/\/ trololol 1000 off.

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