Defected part Duex

[GTRgeoff]

ChubbaH I don't have any long term plans regarding adelaide, only a quick wine and beer swilling visit to my mate with the hot mx5.

Some basic tips tho to keep the heat off:

1. be polite and businesslike

2. insist all conversations are recorded (note item 1) , especially police. It should not be refused and ask for refusal in writing

3. ask for a written transcript of the proceedings with full detail of the nature and regulations of the non compliant item/s

4. never accept measurement made by judgement. Only an approved measuring device and take the serial numbers down.

5. carry a note book and pencil sharpened at both ends (will write in the rain as well) and write down as much detail as possible

6. if you are in the wrong wear it, but absolutely never accept corrupt behaviour from a public sector employee like police and vehicle inspectors

7. ask clear questions while the recorder is running to test/establish the level of understanding of the officer involved. they may back off if they have limited knowledge.

8. be polite when they leave fuming that their own regulations work against them as well :D

Make contact with the state ombudsmans office to determine exactly how to raise complaints against corrupt state employees. the ombudsman and his team will be SUPER critical and super fair regarding ANY complaint and have to investigate it. I'm in defence and we get looked at all the time because we are nasty to people sometimes (I'm not personally )

Note my use of the term corrupt. That is my professional assessment of the structure and application of the SA laws and regulations regarding these matters as I have seen posted in these forums. no public sector employee is safe from negligence or dereliction of duty charges in the face of clear evidence and any attempt to protect them by legislation or misrepresenting the legislation is unconstutional and corrupt.

Protest by petition and visiting en-mass your local and state pollies.

Fight for your rights

[Steve]

Well, for starters, the police are entitled to stop you for no reason, they can also defect you if they believe your car is in any way unroadworthy. How many cars do you think will be 100% roadworthy? Not many. And, even if they are wrong - they still dont have to pay for your defect notice, or the time spent by you at regency unless you can PROVE that the police officer knew the car was roadworthy and sent you to regency.

And it has nothing to do with criminal law, its all covered by the road traffic act 1961 and associated legislation. And thats a fact.

Also, they dont have to accept any engineers certificate. Exemption from complying with ADRs is granted by the minsiter for transport, the authority is delegated to members of regency - which means it is at the discrection of the inspector to grant the exemption.

Even engineers are powerless - I know, I have spoken to more than one. This is the Law - state law, not federal law. And, like the DFDA, it is power unto itself. Unlike criminal law where the burden of proof is on the government, here the burden of proof is on the individual, plus, even with overwhelming evidence, the wording is that 'exemption MAY be granted' not must be granted.

Anyways, if there is anyone out there that has a spare 100.000 or so to take out a class act, it would be great to see it happen.

The final word, Road Traffic Act, 1961, Part 4A - Central Inspection Authority, para 163K:

No person who does any act in pursuance or purported pursuance of this Part, or omits to exercise any power conferred under this Part, is under any civil or criminal liability in respect of that act or omission if the person acted, or omitted to act, in good faith and with reasonable care.

Still think it would be that easy?

There are people who enjoy getting rooted by beaurocracy as much as you. Yes we are trying to do something, but unfortuneately it is quite an involved process, and has to be watertight, as governtment being what it is, will find one fault with a submission and dismiss it - not everyone has the resources to be able to employ a team of lawyers to take them to task, especially when the only way to get around the current system is to appeal to the governments sense of fairness to business and the public in general.

It is very easy to say, 'you could do this' different thing altogether when you go about doing it.

Thanks for your support skylinegeoff, and for interests sake, I checked about trade practices act with the ACCC, and guess what - it doesnt apply to Regency Park. The person I spoke to got very edgy and cagey and said 'its a very grey area' summed up that no it didnt apply. If it did apply, I do believe the above paragraph from the Road Traffic Act would well and truly sew that one up.

It is a can of worms. If you do know of any avenues, or have seen precedents set in other states that may be applicable, please do tell.

[GTRgeoff]

I hear you on every one of these issues, and when they get edgy, you know you have an issue to nail. Glad I don't have to live there.

"Road Traffic Act, 1961, Part 4A - Central Inspection Authority, para 163K:

No person who does any act in pursuance or purported pursuance of this Part, or omits to exercise any power conferred under this Part, is under any civil or criminal liability in respect of that act or omission if the person acted, or omitted to act, in good faith and with reasonable care."

Yep so you make sure they have evidence under their noses to show they are not acting in good faith. That is no protection against corruption, negligence, and plain old pigheadedness. I believe this is actually a law that when challenged will be found to be unconstitutional with respect to modern attitudes and is no defence for actual inappropriate behaviour and rulings.

If they had their inspectors appearing regularly in court to answer charges, attitudes would change. I'm not saying it will be easy or painless either. I had a hand in the long slow process of changing some of our weapon handling procedures (I was a recruit instructor and weapons coach), but people still died as a result of incorrect weapons drills and that grinds pretty bad but the changes are made now.

I'll be the first to offer $20 to the legal fund if you want to start one. It will have knock on effects to other states as well. I have been following your posts in other threads and hope your lawyers can do something.