Discrimination?

[Ska]

Well that just plain sucks!

[AzzurrA]

Yeah no points and no $$ either...  Like I said...  Could have been WAY worse...

 

  But it's still a load of :bs!:

are you SURE about that? i'd look into it if i was you... i was under the impression that ANY defect carries with it a $75 fine, and loss of 1 point. I know they certainly didn't tell me that i lost a point when they defected me for bullshit reasons, but i did.

[dangerous_daveo]

can you take these ones to court?  

I've always thought having a tape recorder would get you off any defect if it went to court.  

"ok officer, so you are defecting me for xxx"

"yes, that is correct"

"under what Australian design rule are you defecting me for, and/or which roadworthy requirement are you defecting me for under the laws of Queensland?"

"um, er..  << b.s. answer >> "

* I'd imagine that would probably get you off in any court case right away. Unless they can state a valid statue, down to the finest letter then its not a valid defect I'd imagine.  

"how have you come to the determination that this vehicle is in breach of this requirement?"

Now that is most likely where they'll fall in a heap, with no accurate measure how can they even legally defect you. The more questions you asked here the better you'd be off later on.  

As an example, maybe for height if they say "well I have this fancy measuring doovy".. but then you start drilling them on the angle of the road, sprung weight and all sorts of other crap  

Court case comes, sounds like cop doesn't even know the laws he is enforcing.. you're off the hook.

However the STTF are barsdards. They managed to edit a sound tape for a court case for one of my mates, so he lost his licence. Then they saw him a month or so later and asked him how he was in a very smart arse manner (as he didnt have his licence at the time).

Basically, they will remember you. Dont be smart, play REALLY dumb, talk slowly and clearly and think about what they have said before answering so you dont fall in to their traps.

And end of the day, as much as you can have the whole defect book, they will find something somehow. Even if "water in washer bottle is TOO LOW" not empty, but too low.

Id cop stuff from them on the chin from them and take it to court or DOT.

[GOR33]

if my girlfriend got pulled over whilst driving my car and a cop started trying to defect her, shed probably just sit there and cry:(

maybe cuase i always tell her that if a copper ever tried to go all out with defectsfor my car id be screwed.....haha

[strutto]

are you SURE about that? i'd look into it if i was you... i was under the impression that ANY defect carries with it a $75 fine, and loss of 1 point. I know they certainly didn't tell me that i lost a point when they defected me for bullshit reasons, but i did.

Not 100% sure... But there is nothing here that says I have to pay anything - IE I have no form to take to QLD Transport to pay with...

Hopefully nothing arrives in the mail though...

[strutto]

if my girlfriend got pulled over whilst driving my car and a cop started trying to defect her, shed probably just sit there and cry:(

maybe cuase i always tell her that if a copper ever tried to go all out with defectsfor my car id be screwed.....haha

Yeah Trina was a bit worried... I got a quick phone call while the shit was going down... I just told her to act dumb, cop it sweet, and don't answer any questions...

[strutto]

However the STTF are barsdards. They managed to edit a sound tape for a court case for one of my mates, so he lost his licence. Then they saw him a month or so later and asked him how he was in a very smart arse manner (as he didnt have his licence at the time).

Basically, they will remember you. Dont be smart, play REALLY dumb, talk slowly and clearly and think about what they have said before answering so you dont fall in to their traps.

And end of the day, as much as you can have the whole defect book, they will find something somehow. Even if "water in washer bottle is TOO LOW" not empty, but too low.

Id cop stuff from them on the chin from them and take it to court or DOT.

Yeah best in these situations to just take it on the chin IMO... They will get you for something no matter how well you talk your way out of it...

So if I did want to fight it, how would I take it to court? The defect doesn't have an option to have it dealt with by a court like you get on speeding tickets...

[JCMarshall_Law]

Quote:

No material or other object is to be located on the windscreen or windows which will interfere with the driver’s vision.  

If I can't see it when I'm driving how is it interfering with my vision  

But the wing is a different story...  

Quote:

Side skirts, flares, front and rear spoilers may be fitted, provided road clearance and air flow for brake cooling is not adversely affected. All exposed edges must have a radius of at least 5 mm.  

Can someone post up a link to where we can get these rules and regulations and our rights when it comes to cop's pulling us over. Basically any legal docs that we could use at the time in our defence. Sorry if this has been asked may times.

[JCMarshall_Law]

Just sort of answered my own question:

Australian design rules:

http://www.dotars.gov.au/transreg/str_adrindx.htm

it's about $70 for a years subscription, if anyone wants to post up a link to a current version that would be great.

Any know of a link to roadworthy requirements for Queensland?

[strutto]

Vehicle modifications:

' target='_blank'>http://www.transport.qld.gov.au/qt/driver....tions.pdf[/url]

Police powers and responsibilities act:

http://www.legislation.qld.gov.au/LEGISLTN...cePowResA00.pdf

That's a start...

[Keegs]

Yeah best in these situations to just take it on the chin IMO...  They will get you for something no matter how well you talk your way out of it...

So if I did want to fight it, how would I take it to court?  The defect doesn't have an option to have it dealt with by a court like you get on speeding tickets...

write a letter to the DOT or the police commisioner of qld stating your reasons that you dont think the fine is right. If you have a complaint about the officer himself send it the the police commisioner and then it gets dealt with from there. They will send you another letter back saying they are "investigating" it, then about a month or so later they will most likely send you another letter saying "we think the fine was justified given the circumstances" or some other bs like that and then you can send another letter back stating you dont give a sh*t what they say and that you wish to take it to court. This process is awfully handy if you need your licence for a few months (if your going to lose if from the fines) as it takes ages to go through. For you adrian it doesnt matter because its no points, so id just send the first letter and see what they say.

[strutto]

Cheers for the info Matt... Now I just have to weigh up if I can be arsed doing anything about it...

I will more than likely give it a try though...

/ Opens MSWord - Puts on mature citizen hat

[jaqule]

Just remember to play nice & respectful like to start off with and he may just say nice car and let you go on your way, I have been pulled up a few times and let off scot free, first time was at BWCP he just tested the hight ( 3mm over fewww *wipes brow) then asked to pop the hood and said that he was checking for ilegal mods, I said "ilegal mods ..........umm how many pages you got in that defect book officer?" But he had a look and said it all looks good.

Another time I was breatherlised and he said "That zaust sounds a bit loud" I said " Yeah it was like that when I brought it *finger's crossed* officer" and he said "oh ok then" and I was off.

Mind you If you come around a corner sideways at 100 kp/h and there are 3 cop cars, and 3 cops point at your car and 2 run to there's and jump in, it maybe better to turn off your lights, drop it to second hit HI on the EBC and disaper.

[BelGarion]

This is why i dont head out on weekends much anymore, saves me the hassle of dealing with any problems

James

[Charly]

I'm with belgarion on this one. Kind of why I don't do weekends much anymore.

I know this is sort of off topic but have the police force just got all their new recruits in? Because there have been soooooo many cops out on the streets lately and it seems they're all out to see how many fines they can rack up.

Biggest bit of injustice I've seen recently would have to be the coppers who were booking people at the bottom of a certain mountain near a freeway in toowong one night recently. I was bored so I was sitting out watching them. One of them was writing a ticket in his book and the other one was also preoccupied when they heard a bike start screaming down the hill. What do they do? one puts on the lights on his bike whilst the other grabs his torch to signal the biker off the road. At no point did either of them pick up the radar gun. Cops talk to the guy on the bike for a bit then give him paperwork on "having his lisence suspended".

WTF no radar, no nothing. The cops had j4ck shi7 on this guy no radar gun reading no following for 200m and they took his liscence. all they would have had was "we heard your bike exhaust making some noise" what a heap of :bs:

[NismoGirl]

Yeah no points and no $$ either...  Like I said...  Could have been WAY worse...

 

 But it's still a load of :bs!:

That's right, YOU could have been driving and you would have been right royally raped for everything they could find. Are you sure it wasn't just the highway patrol, rather than the STTF... STTF I thought would have found the more major defects in a car, rather than a wing and a cracked window.

are you SURE about that? i'd look into it if i was you... i was under the impression that ANY defect carries with it a $75 fine, and loss of 1 point. I know they certainly didn't tell me that i lost a point when they defected me for bullshit reasons, but i did.

Not 100% sure... But there is nothing here that says I have to pay anything - IE I have no form to take to QLD Transport to pay with...

Hopefully nothing arrives in the mail though...

I got a defect WAY back when springwood maccas was the place to be for my "turbo whistle". That was by a department of transport guy and a copper together going over my car. I never got a fine nor demerit points, all I had to do was show up to a DOT and get the defect cleared. Even then the peanuts ****ed it up and didn't clear it properly. I got a registered item delivered to me. I shit myself thinking it was a speeding fine or something but it was just a letting saying I hadn't cleared my defect. Boy did they get a rude phone call.

[Yotis]

Strutto...

First of all it is a bad thing to list the rest of the defects on your vehicle on a public forum, as its been known that they actually "trawl" forums. See NS about a guy got nailed for a FCON V a/m computer which he proudly declared and then got defected by a cop later.

Windscreen... I would ask for a clarification ? IE. why is it not ADR? do you have stickers or something on the windscreen? or have you got a big crack on it?

About the wing.. If it is within the body of the car (not from one side mirror to the next but the actual body of the car) then you can get it cleared very easily from a good DOT. I said good DOT coz the one that is near me is useless. The one at Zilmere was the best I found, if its close to you. The 5mm radius is the nasty one which most of the people will get nailed for, as alot of alumium type wing dont have 5mm end plates..

As to what you have mentioned about the self cleared defect when you didnt do anything about... if you did do something about it, you would have receipts to prove that it was fixed.

I have had the same problem with me old GT wing before, so I've gone through all this crap...

Oh yeah.. the wing defect was $75, 1 point loss and self clearance as well..

[NIZR34GTT]

Possibly...  But more likely are defects for non regulation socks...

Just don't put your handkerchief in the wrong pocket.

[strutto]

That's right, YOU could have been driving and you would have been right royally raped for everything they could find. Are you sure it wasn't just the highway patrol, rather than the STTF... STTF I thought would have found the more major defects in a car, rather than a wing and a cracked window.

It was definately the STTF... It's on the attachement in the first post... And I'm positive if I was driving I would have been right royally raped...

[strutto]

This is why i dont head out on weekends much anymore, saves me the hassle of dealing with any problems.

Yep true that... And here I was trying to convince Trina it was a bad idea to head to the Spit on Sunday arvo... So she went out for takeaway and what happens?

Jealous cops go on a powertrip...