A Big Oops

[SNIFLS]

Well after having a chat to rta tech team , inspection agency and department or fair trading it seems that the yard I bought my skyline from are in very big trouble . At the time my car was blue slipped the dealer failed to provide the blue slip station with a certificate of engineering meaning it was blue slipped illegally and they also failed to provide me with a certificate of engineering. So now Im going to hit them for the full cost of replacement stock parts and labour to fit them aswel as EPA fee's ... Hopefully it stays on this path and all goes to plan

[Humbla]

  On 27/02/2011 at 10:36 PM, SNIFLS said:

Well after having a chat to rta tech team , inspection agency and department or fair trading it seems that the yard I bought my skyline from are in very big trouble . At the time my car was blue slipped the dealer failed to provide the blue slip station with a certificate of engineering meaning it was blue slipped illegally and they also failed to provide me with a certificate of engineering. So now Im going to hit them for the full cost of replacement stock parts and labour to fit them aswel as EPA fee's ... Hopefully it stays on this path and all goes to plan

Thats heaps good,bet they get reamed hard. Please pm where you bourght it from.

[MBS206]

The only issue is, they will just hand straight back to you VSI06.

All of the modifications that you listed on your car are "Owner Certifiable" meaning they don't need an engineers certificate.

[SNIFLS]

Mate did you have a read of the vs1 06 before posting ? One of the things that it clearly states isSTANDARD emissions components must be retained and operate correctly I.e exhaust system , catalytic converter .... Considering I have a hi flow cat and full 3 inch exhaust I'd say it's in breech of this wouldnt you ?

[Humbla]

I'm keeping a close eye on this thread,when we got our 33 from a dealer on parra rd nearly 10 years back she was a fresh import from jap,stock every thing. I'm on your side mate.I realy hope the dealer has to sort this for you.

[MBS206]

  On 28/02/2011 at 5:25 AM, SNIFLS said:

Mate did you have a read of the vs1 06 before posting ? One of the things that it clearly states isSTANDARD emissions components must be retained and operate correctly I.e exhaust system , catalytic converter .... Considering I have a hi flow cat and full 3 inch exhaust I'd say it's in breech of this wouldnt you ?

Actually yes, many times over, and with an engineer before.

And I quote:

Normal engine reconditioning within manufacturers limits is permitted;

Modifications must not affect compliance with any emission or noise related ADRs;

All emission control equipment must be retained and functional;

It does NOT state standard.

Before being able to make them pay for shit, you will have to prove it doesn't meet these standards when these items are new and in a functional condition.

And I'd say they're legal as long as they're put on correctly, I ran a high flow cat, and a 3" exhaust, it met both gas and noise emmisions, and was therefore owner certifiable.

[SNIFLS]

I think you better read it again mate :-) it's the number one example of minor modifications

[MBS206]

  On 28/02/2011 at 6:09 AM, SNIFLS said:

I think you better read it again mate :-) it's the number one example of minor modifications

You're reading an example.

Try reading under the part where it actually explains what you can / can't do and what you need to do.

The RTA can not legally force you to retain "STOCK" parts as depicted from Nissan, you have to be able to go outside and use replacement parts, you're also allowed to modify your car. If you want, go dig up the actual ADRs and Emmision regulations. You will find you really don't have much of a leg to stand on.

So long as when that cat is new, it passes emmisions and the same with the exhaust, you can't go them for the exhaust, and the POD is in an enclosed box. This is what the ADRs dictate.

Before you can get any damages paid to you, you will need to PROVE that the exhaust and cat (When new) don't pass emmisions.

Remember, cat convertors are a consumable item, and are meant to be changed roughly every 60 000KM.

[SNIFLS]

Well at the end of the day I can't lose ... It passes all EPA tests and nothing happens or it's found to be illegal and it's replaced . But this does still not change the fact that regardless of the modification an engineers certificate must be supplied when a blue slip is issued ( how is the blue slip guy to know whats passed engineer and what didn't with out it ) without the certificate the blue slip was issued illegally ( that's according the Australian inspections agency) and department of fair trading states it's also against the law to sell me a car without the certificate

[MBS206]

No it's not, vsi 06 spells out that you DON'T need an engineers cert for those mods.

If it gets to court, they produce that document you end up walking out with court costs to pay and no further then you are now

[leer34]

  On 28/02/2011 at 6:45 AM, SNIFLS said:

Well at the end of the day I can't lose ... It passes all EPA tests and nothing happens or it's found to be illegal and it's replaced . But this does still not change the fact that regardless of the modification an engineers certificate must be supplied when a blue slip is issued ( how is the blue slip guy to know whats passed engineer and what didn't with out it ) without the certificate the blue slip was issued illegally ( that's according the Australian inspections agency) and department of fair trading states it's also against the law to sell me a car without the certificate

can see where you are coming from mate, hopefully you breeze through your inspection and it wont be a problem..but the problem you have is that you have to be able to prove that the car passed the blue slip with illegal aftermarket parts..

and you have to prove that those parts were never able to pass emissions. because if those parts ever could pass emmisions but no longer will then i believe it is the current owner of the cars responsibility to replace them..i may well be wrong though, im only going off what i was told by the rta, police and deccw when i got in trouble previously...good luck with it mate.

[SNIFLS]

Il make some calls tomorrow and follow this up because what your telling me is different to what rta tech is telling me ... They have verified that there is modifications on my car that have been and were required to be engineering but they can't specify exactly what the parts were without the certificicate being that these are pretty much the only aftermarket mods on my car I'm guessing they are on the certificate

[MBS206]

Do a cool little test, call the RTA tech, get the answer, hang up, call them back, ask them the same thing.

Do this 5 times... You'll find you have 5 different answers.

If there was an engineers cert listed it should have the number on the rego papers. I know mine used to on the R33, and on the Supra.

If they're not listed, then the RTA won't have any clue of an engineers cert.

If it does already have one listed, then ask the RTA for it, as it's still valid.

[SNIFLS]

  On 28/02/2011 at 8:12 AM, MBS206 said:

Do a cool little test, call the RTA tech, get the answer, hang up, call them back, ask them the same thing.

Do this 5 times... You'll find you have 5 different answers.

If there was an engineers cert listed it should have the number on the rego papers. I know mine used to on the R33, and on the Supra.

If they're not listed, then the RTA won't have any clue of an engineers cert.

If it does already have one listed, then ask the RTA for it, as it's still valid.

On the bottom of my rego paper it says "modified as per report as per report number - xxxxx "

[MBS206]

  On 28/02/2011 at 8:33 AM, SNIFLS said:

On the bottom of my rego paper it says "modified as per report as per report number - xxxxx "

Then he won't need the cert.

You need to get a copy of the engineering certificate from the RTA, get the defect cleared, and carry the cert with you in the car.

[SNIFLS]

  On 28/02/2011 at 9:40 AM, MBS206 said:

Then he won't need the cert.

You need to get a copy of the engineering certificate from the RTA, get the defect cleared, and carry the cert with you in the car.

When I asked the rta they told me to obtain it from the dealer il call again tomorrow and see of they can issue me a replacement and there is no defect yet I have a letter of referral to the EPA

[MBS206]

  On 28/02/2011 at 10:17 AM, SNIFLS said:

When I asked the rta they told me to obtain it from the dealer il call again tomorrow and see of they can issue me a replacement and there is no defect yet I have a letter of referral to the EPA

It would have been done most likely before the dealer got it. The RTA are meant to have it on file.

[gregor]

  On 28/02/2011 at 8:33 AM, SNIFLS said:

On the bottom of my rego paper it says "modified as per report as per report number - xxxxx "

that would probably be for compliance mods? If so id imagine most imports would have it. My RX7 has that too but has nothing that needs engineering and i doubt it ever has.