Defected... A Couple Of Questions

[m35stagea]

Ok last week I was driving my partner to the train station. A hwp chucked a uturn followed me i dropped my mrs off and continued on they then pulled me over.

Now I was defected for window tint.the car does not have window tint it has nissan privacy glass on the back station wagon windows this is a factory item. I was told i would need to replace the glass if it was factory because apparently it does not comply.

Defected for stock plumb back blow off valve. Because he heard "air escaping"

Defected for stock hid headlights. Car was bought from a dealer and this is how it was complied with the stock hid's.

Defected for a little cover thats removable on the airbox not being on.

Exhaust not standard

Intercooler piping not standard. .

Now the officer instructed me to start the car and to rev the engine. I complied reved to 4000rpm or so. I was instructed to flatten it and "really get up it". Revved to 5000rpm redlines 7000 i was told to rev the car more and hold it there at wich point i declined and the officer became infuriated.

He then performed an illegal search of my car by reaching into the passenger side floor and looking for something (i dont know what) he pulled out a stock dummy flare that is in the flare holder and questioned me about it. (How car came from dealer).

Anyway he issued the defect told me i would get sorted out by someone at the rms. He crossed out the sections for inspection on the form and wrote rms botany and gave me 2 days to drive.

Now this ruined the long weekend as we were going away to see family and now we have no car to drive.

Now my concern is going to the rms and having problems with the stock glass. Has anyone had an issue like this? Also can they send you to specificly one location? The cars owner and registered address is 6 hours away how can it be expected to go to the address provided?

Anyway im frustrated. I wasnt doing anything wrong, i dont drive like an idiot in almost 30. And there isnt more to this story it is what it is. I was honestly shocked. As i have been defected before and given adequate time 7-14 days from memory to rectify and the officers were genuinely ok about it and not dicks.

Thoughts?

[Sinista32]

The Officer is a numpty. Hopefully the RMS will see this too.

Give them the same story.

Privacy glass is legal. Put the cover back on the airbox. Noise is measured at 3000rpm

Edited October 4, 2015 by Sinista32

[r32-25t]

the privacy glass you will need to check the rta rules, I know on vans the rear glass can be completely blacked out but not sure on wagons. I'm pretty sure the rear doors have to comply to 35% though

The hid lights need to have head light washers according to the adr to be legal

The blow off valve he has no grounds to stand on

The exhaust is to be checked at 2/3 of the rev range an must be under 90db including any popping or crackling when the throttle is realesed

The intercooler piping isn't an issue unless holes have been cut in order to fit it

Put the cover back on the air box and that's sorted

Him searching your car is not illegal under nsw law

[m35stagea]

the privacy glass you will need to check the rta rules, I know on vans the rear glass can be completely blacked out but not sure on wagons. I'm pretty sure the rear doors have to comply to 35% though

The hid lights need to have head light washers according to the adr to be legal

The blow off valve he has no grounds to stand on

The exhaust is to be checked at 2/3 of the rev range an must be under 90db including any popping or crackling when the throttle is realesed

The intercooler piping isn't an issue unless holes have been cut in order to fit it

Put the cover back on the air box and that's sorted

Him searching your car is not illegal under nsw law

Spoke to a friend who is a solicitor it was an illegal search also onforwarded to a barrister family friend and yes it was an illegal search.

Im not going to do anything about it though because it simoly isnt worth it. But its funny how you can be treated a certain way by police yet they break the law and its fine.

[r32-25t]

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/police-powers

[m35stagea]

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/police-powers

Thank you, you just proved my point.

[r32-25t]

Are you sure he didn't suspect you had a laser pointer? You did have a bid red round thing attached to your passenger kick panel!

Either way this isn't going to fix your defective car, its time to start your parts search

[luke gtr]

Tint has to be 35%.

it stated nothing about dye in the actual glass (privacy glass is this way).

Had a current lancer at work, defected for tint too dark.

had no tint fitted.

Standard privacy glass which is darker than 35%.

Iirc, sound is measured at 75% of max power rpm.

Hids also require load sensitive g and leveling equipment (if released from factory, it should have).

[luke gtr]

Let us know how you go with the dictated inspection.

as I thought you only had to go to botany for emissions testing.

[dyl33]

Unfortunate for you OP

http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/police-powers

If your randomly pulled over can police make you open your bonnet or rev your engine?

[r32-25t]

Don't know but I'm sure if the answer is no they have a way to make your life even more difficult

The police only have to think something is a defect in order to write it as a defect, it's your job to prove it isn't a defect to have it lifted.

[dyl33]

Yeah I'm always polite and never had a bad experience yet, But If I do come across captain prick who's handing out defects for no reason other then he's a dick. I would like to exercise my rights for lols.

[Daleo]

The ruling on privacy glass is different to tint, as it isn't a film applied after manufacture.
The Stagea has no alternative "clear glass" option, and all Stagea's have it; so the original approval for RAWS would have to cover the glass. RMS can't accept a vehicle for road registration in NSW, then reject the light transmission of the vehicles glass after the fact. It is a simple thing to verify whether glass is tinted, or dyed between the laminate, and RMS should be able to work that out.

The Police cannot enter a vehicle without your permission, or without reasonable suspicion that you have committed a crime. The easiest way to stop this; is to lock the vehicle when you exit, and then they must request that you open it. You can then ask for what reason they need to look inside your vehicle, or whether you are being arrested and on suspicion of what crime this is happening.
If they try the door of a locked vehicle they'll generally back off.

You do not have to submit to search/seizure without reasonable suspicion; but the best way is to continue to verbally refuse to submit, and then if charged, you would likely have any charge thrown out either at hearing or on appeal to district court.
You can then pursue any officer that has acted improperly through the PIC (Police Integrity Commission) this get extremely f**king uncomfortable for bullying Police; as they cannot refuse to be interviewed, and if your case is proven in the case of serious misconduct, their punishment can be extremely severe.

Noise is measured at "Engine Speed at Maximum Power" ("ESMP") means the speed at which the engine develops maximum power (rpm).

So on a car that they have no specific data for you would argue that the test would be done at 3600rpm

It's also worth noting that the noise reading is taken from a steady state revving, and on the return to idle; not a sickcarnt mad limiter bash on the side of the road...

Taken from http://www.ntc.gov.au/Media/Reports/(9745A524-E60D-9B7C-835B-CDAF7DC19D8B).pdf

BOV is retarded; he knows it's legal, and is just being a pillock.



The HID's will be an issue, as they are supposed to be removed at compliance; but most compliers don't, as they are far superior to a hacked up headlight with an H4 isert where there was never supposed to be one. Someone may have a set that have been hacked that you can borrow, but it would be difficult to assemble everything in the 2 day period specified.

Honestly, this sort of thing does immeasurable damage to the reputation of Police in the wider community; we routinely see officers abuse the powers bestowed on them to punitively punish the people they are employed to protect.
It leaves a really bad taste in my mouth, and I have very little respect for the "Force" as a whole. Individual officers can be absolute gems; but tossers like this one wreck it for all the good ones.

[Ben C34]

Some good info there.

What was the source?

[Daleo]

Some good info there.

What was the source?

A lot was from State registration authorities, but it is all contained in the Light Vehicle Modification Standard.

The stuff about Police is from my own triumphant (and somewhat expensive) experience.

They do not like me, and I do not like them. Never trust them; they are NOT your friends.

Some Police are most very excellent, and are genuinely trying to do good; I like them.

Most that I have come into contact with however; are ill educated, ex-schoolyard bullies with a f**king massive chip on their shoulders.

They are generally easily identified by their poorly executed sleeve tattoos in my experience.

Several have tried, and been found wanting. They will ALWAYS be Contstables from here on in.