Police Defect Again

[85URK]

ask what ruling they are booking you with aswell. what is the actual offence so u can look it up. i was told all libraries have a copy of the police rules, not many ppl know this. bcoz when my mate was pulled over a while back the cop was going over his car with all these things, so we were asking him to explain each one and what the actual offence was, he wouldnt and told us if we wanted to know the information is in the public library for us too read. it wasnt his job to explain the rules, bcoz we dont know them and he apparently does.

Edited December 6, 2005 by 85URK

[Syphon]

I have been told that the legislation the the QLD police rule under states that anything that is not stock or a factory option can be considered a defect. Yet the QLD Dept of Transport rule under a different set of legislation, meanwhile you have a bullsh*t fine for nothing.

<{POST_SNAPBACK}>

What you have heard is correct Ska, this is a new law written under some revamped QLD Legislation. I did have some links somewhere but yes the gist is that any non-standard exhaust you can be done for. The law is worded is such a way, it has no real specifics, basically exactly what was written on old mates fine.

Apparently its getting quite common to be done on this rule at the moment, a new one for the police to play with, and its upsetting most exhaust shops at the same time. Think how much money they would lose, if not their whole livelihood if any car can only be fitted with a "factory" exhaust system.

From what I understand, dB limits have no relevance in regards to this law, simply your system is not as effective as standard. Would be interesting to know what the factory noise level is for 32/33/34 etc.... Does anyone actually know?

Aside from the arguments based on age of vehicle, they tend to get louder as they age etc...

PS AFAIK, the law has no relevance to size, you could have a 20 inch cannon on the back aslong as it produces no more noise than it did from factory, so size doesnt mean shit, its all dB, and i guess a cop wouldnt even need to test the zorst to know straight out that its louder than factory. Honestly 50% or more cars could be put off the road now if this law takes hold

[The Dan]

ask what ruling they are booking you with aswell. what is the actual offence so u can look it up. i was told all libraries have a copy of the police rules, not many ppl know this. bcoz when my mate was pulled over a while back the cop was going over his car with all these things, so we were asking him to explain each one and what the actual offence was, he wouldnt and told us if we wanted to know the information is in the public library for us too read. it wasnt his job to explain the rules, bcoz we dont know them and he apparently does.

<{POST_SNAPBACK}>

That's actually incorrect. It is the duty of the officer to explain each and every fine or defect to you when it is issued. QT will tell you the same.

[BBQ]

Hi all,

Ok after a long battle,

It turns out that it’s actually a defect if you have a non-standard exhaust system on any car; it’s the way the law is written it can mean anything.

And I have to pay up; basically it’s got nothing to do with Noise levels, just the fact that it’s not a stock exhaust.

Which completely Sucks ....

[TOY 33]

Hi all,

Ok after a long battle,

It turns out that it’s actually a defect if you have a non-standard exhaust system on any car; it’s the way the law is written it can mean anything.

And I have to pay up; basically it’s got nothing to do with Noise levels, just the fact that it’s not a stock exhaust.

Which completely Sucks ....

<{POST_SNAPBACK}>

[Ska]

Hi all,

Ok after a long battle,

It turns out that it’s actually a defect if you have a non-standard exhaust system on any car; it’s the way the law is written it can mean anything.

And I have to pay up; basically it’s got nothing to do with Noise levels, just the fact that it’s not a stock exhaust.

Which completely Sucks ....

<{POST_SNAPBACK}>

I have been told that the legislation the the QLD police rule under states that anything that is not stock or a factory option can be considered a defect. Yet the QLD Dept of Transport rule under a different set of legislation, meanwhile you have a bullsh*t fine for nothing.

<{POST_SNAPBACK}>

Yes, it is spastic!

[madbung]

Hi all,

Ok after a long battle,

It turns out that it’s actually a defect if you have a non-standard exhaust system on any car; it’s the way the law is written it can mean anything.

And I have to pay up; basically it’s got nothing to do with Noise levels, just the fact that it’s not a stock exhaust.

Which completely Sucks ....

<{POST_SNAPBACK}>

Start writing letters to your local mp, racq, papers ect....that regulation has to be an oversight or error and definitely deserves to be challenged and then changed.

It's just not logical nor reasonably enforceable as it stands. How would you go with say a classic car that leaves no option other than an aftermarket system or even a legally modified/engineered/plated car with a different engine? do you have the system to suit the car or motor? If the regulation is for all motor vehicles with no exceptions how can they possibly police it effectively and fairly.

Total nonsense, you'd hope a judge would also laugh at how ridiculous it is.

It could only happen in qld though...I believe your politicians spend far to much time in the sun and we all know there's a direct correlation between too much sun and a lowered mental capacity.

Edited February 8, 2006 by madbung

[Lazy-Bastard]

I wonder waht would happen if the muffler fell off Peter Beaty's car and had to be replaced........

[MELV]

they can write u a ticket for anything if they want

they just have to use

"does not comply with vechile standards"

that exhause does not comply with vechile standards

the front bar does not compy with vechile standards

your headlights do not comply with vechile standars

and so on

cops suck, i just wouldnt bother pulling over anymore.

[chaos]

unlike most of us Melv, you would have a fighting chance of getting away

[Gts-t]

What did you do on this long battle?

My mates mum works at queensland transport in the city and is alos friends with the people in the hoon squad. I got her to check it out for me and she provided me with paper work and so on to support a non standard exaust as long as it complies with emissions and dB levels.

The real meaning of what you have been charged with is

Modification of vehicle silencing device that reduces its effectiveness over standard or something along those lines.

The police are missusing this as what it really means is if you had modified your aftermarket cat/resonator/muffler in a way that reduces its effectivenss over what it was like standard.

Every exaust shop in town would be out of business otherwise.

Edited February 8, 2006 by 26GTS

[Syphon]

This is why I was asking earlier in this thread whether anyone has any documentation of noise levels for import skylines. Obviously they are plated when they meet all ADR's. So they pass ADR's, most of which probably come into the country with aftermarket exhausts, and need a standard type system fitted to come under dB limits...?

Or is there a standard that has been set for imports...?

As far as this crappy law is written, ambiqious as the next one, yada yada....even 1dB over "factory" would be considered reduced effectiveness

[GTRgeoff]

Sounds like Qld are following the herd on modifications, which is a pity as it is still the Mecca in Aus for a car enthusiast, but I would suggest that the any non standard item law works against police who have a number of such items throughout the car.

I like the info put forward by 26GTS though, thanks mate.

Also you may find attempting to take action against a copper may be legislated under some ambiguity that prevents any such action on the grouds of harrasment/incompetence and certainly exists in SA, and is reported to exist in VIC.

It's time for letters to everyone folks, including industry reps with a stake in the aftermarket industry.

[fsmout]

hey mate, sorry to hear about the crap you are going through...& i can say that i have been through it all.

My old GTR was pulled over along with another 7 of us when we were on the way down from Mt nebo. They went over our cars with fine tooth combs to try and find defects. i was booked for having a non-standard exhaust, and i had to present it to get DB reading. But there was no fine, just a defect notice as the exhaust sounded non standard & had to be presented.

I then fitted a standard exhaust and still blew over the 90DB limit!!!!

Yeah i then had a private test done and it blew 91db which is acceptable under their deviation rules.

cost me heaps of $$ and i can say that any non standard exhaust will blow over the limit.

i think that if the cop at the time couldnt determine the DB of the exhaust, he should have requested the vehicle be presented for proper testing.

cheers

Francisco

[Gts-t]

hey mate, sorry to hear about the crap you are going through...& i can say that i have been through it all.

My old GTR was pulled over along with another 7 of us when we were on the way down from Mt nebo.  They went over our cars with fine tooth combs to try and find defects.  i was booked for having a non-standard exhaust, and i had to present it to get DB reading.  But there was no fine, just a defect notice as the exhaust sounded non standard & had to be presented.

I then fitted a standard exhaust and still blew over the 90DB limit!!!!

Yeah i then had a private test done and it blew 91db which is acceptable under their deviation rules.

cost me heaps of $$ and i can say that any non standard exhaust will blow over the limit.

i think that if the cop at the time couldnt determine the DB of the exhaust, he should have requested the vehicle be presented for proper testing.

cheers

Francisco

<{POST_SNAPBACK}>

I carry all the paperwork with me in the car to support a non standard exaust. My dad also owns a dyno shop with emission and noise testing equipment. So any cop tries that shit on me and they will be biting off more than they can chew.

Like i said they have misunderstood the law and are just being stingy revenue raising (unts.

I know ill be taking it to court with and expensive ass lawyer if they try,

How have other gone in court?

[R33S2]

All this documentation floating around, can any of you post it up? or let me photocopy?

[BBQ]

Well it seems that I still have no progress on the situation,

I replied back to the traffic branch senior sergeant with the facts that my car passes you can verify this claim with the exhaust shop that tested my vehicle. I even specified the contact details for them.

I received a letter back from the senior sergeant saying:

After careful consideration of your matter, I'm not waving the fine; you have until the 16th of this month to pay it.

Now how can I be made to pay a fine if my car is legal, and the fact that the original defect had nothing to do with Noise?

This is just crazy; the police are fining me for something I haven't done.....

[DOU33]

detest it in court cant you

?

[Syphon]

Take it to court if you must with all the documentation you can gather.

It can be an expensive endeavour, but if the police prosecution can't supply enough evidence to prove that you are infact guilty.

Innocent until proven guilty apparently....

[R33S2]

send this thread (well good bits anyway) to your local member of parliment.