Defected - Treated Unfairly

[cjlancer]

Driving normally on a saturday night in Melbourne CBD on a saturday night, while trying to find a parking, a police vehicle pulled me over in the middle of Russel St. Blocking up a lane of traffic they decided to conduct an inspection of my asian vehicle. I was driving a R34GTT coupe only mods included an full exhaust system which was not loud with a silencer on.

They pulled up my bonnet and found no illegal mods, so they then decided to say my car was too low. I told police i was running stock height and wheels with stock size and offset etc, i asked them how was my car too low, can you please show me where is it too low and how can it be too low, i even asked them have you used a form of measurment instead of just the naked eye to tell me that its too low. The cop said IVE MEASURED IT AND ITS TOO LOW, without showing me anything.

They then went to my drivers seat belt and at the point of where the buckle was and there was a bit of rubbing on the belt. They looking into my boot and rear window, and looking at my rear speakers.

Then decided to give me a major defect my vehicle for 3 reasons:

1. Car was too low

2. Seat belt was frayed

3. Rear speakers were not bolted on securely

Without giving me any explainations, or chances for me to say anything, they stuck a yellow defect sticker on my car, major defect. They gave me a pathetic list of bull crap, and gave me a fine for $186 for driving an unsafe vehicle, and requires a RWC. My car was well over the clearance of 10CMS as i have measured at any point. I was truthfully unaware of my seat belt. And rear speakers not secured properly im like WTF.

I really believe that i was treated unfairly and maybe racism was a factor and revenue making was another. I had 3 other passengers in the car as witnesses as i ask them to prove to me at which point of my car was too low and they did not give me any proof that they have conducted any height messurement tests.

Does anyone believe that i was treated in a wrong manner and does anyone know what i should or can do now?

[R31Nismoid]

Write a letter to the Ombusdman, and take it to court if you can prove its all legal... so time to lawyer up.

Although i wouldn't use racism as an argument, that's not going to get you very far.

A full exhaust, you will wanna check its still legal, most under the diff Skyline exhausts are below 100mm.

[zero-R33-]

The car needs to be 100mm off the ground at its lowest point. So like if the sides and front bar are like 150mm but your exhaust sits at 90mm off the ground its a defect.

Take it to court but you wanna make sure everything is 100% legal because you'll get owned otherwise. As far as I know the seatbelt thing is a real thing they can get you for...never heard of the speakers though :S

I have heard many stupid defect reasons, like 'hand brake clicks too many times' and 'stereo wiring not secure' when the police man pulled it all out of its holdings (i witnessed that and my mate got off it)

However i'm pretty certain they need to show you the measurement if you request it, just like your speed if they radar you over the limit. They are meant to show you if you ask.

Anyways good luck with it all, let me know how it goes.

[WYTSKY]

mmm, did they "measure" with ur mates in the car?

if so, I think thats why they didnt bother properly measuring... I really couldnt imagine ur car with a car load of people and an exhaust to be higher then 100mm at all points..... especially under the rear diff like already mentioned... its always pretty low under there.

why the fine though? when I got a major defect (too low, boost controller, and HID lights) I didnt get any fine, just had to fix it up...

so I raised my exhaust, hid the boost controller and changed bulbs back over for the day.... got the rwc, went to vic roads, went home and put the HIDs back in.

cost me like 70-80 bucks for rwc and that was it....

gl with it mate.

[cjlancer]

I didnt even see them measure anything they did it with their naked eye. And yes the car had people in it. I dont know what the fine was for since alot of people i knew who had defects got away with nothing. On the fine it said it was for driving an unsafe vehicle.

[krzysiu]

Even though you may be right about the defects that were given to you, going to court is going to cost you time and money. Its a massive pain in the arse but i would just get a rwc, pay the bastards there 186 bucks and let it be.

[180Roman]

did you get the officers name? at least write a letter of complaint and ask to have your car inspected by a different officer

[(B1) MR_fanny]

yeah letter of complaint works well in any event. it may reach the right person. it may just be that one more on the pile of complaints from others towards that particular officer to warrant questioning. you may think a letter wont do much but you'll never know if you dont try. Get stat decs from your friends in the car saying that they thought the manner and conduct was rude and unprofessional and so on. Its therapy too, like an Opra episode i watched...ha write it all down, get it out of your system and move on....though with Opra they tell you to burn the letter afterward to release the anger but you should just mail it.

but like people have said, its a hard case to battle and sometimes its easier to just pay the fine eventhough its bullshit. is there legislation out there that lists what a major defect comprises of?

i got done with my second exhaust pipe being 1cm too low but he got out the measuring wheel to show me. He wasn't a prick bout it and my attitude towards him was he was just doing his job to which im sure he respected. If you give em lip or attitude, expect the worst really.

[ujin]

omg r the cops tryin to get all skylines and modded cars off the road? im thinkin twice about driving it around anymore.. seems as though they can get you for anything! it will b a headache if i get defected.. if our cars are not too loud and if we dun drive like loons y stop us! really unhappy abt this...sorry to hear u got a defect cjlancer.

[zero-R33-]

omg r the cops tryin to get all skylines and modded cars off the road? im thinkin twice about driving it around anymore.. seems as though they can get you for anything! it will b a headache if i get defected.. if our cars are not too loud and if we dun drive like loons y stop us! really unhappy abt this...sorry to hear u got a defect cjlancer.

Yeah I totally agree. Its from the reputation all the fu(king idiots have given the skyline..

[jakez88]

thats quiet gay...its another reason why i stay the hell out of the city in my skyline on a friday or saturday night. should of got badge number and name and do a letter of complaint with your best english skills and sympathy story LoL. best thing you can do as going to court is a bloody hassle. good luck man and i hope you get off it.

[R31Nismoid]

I drive through the city fri night half the year, same for sat nights.

I get pulled over fairly often too, never had a problem.

[Nefret]

Is this what the cops are doing while everyone gets bashed in the city ?

Stupid, Protect and Serve my ass more like Harras & Annoy.

[Phatboy]

Is this what the cops are doing while everyone gets bashed in the city ?

Stupid, Protect and Serve my ass more like Harras & Annoy.

LOL right on

[RBPOWA-(TJ)]

get a Stagea they dont know wtf it is .......yet

[Rekin]

I drive through the city fri night half the year, same for sat nights.

I get pulled over fairly often too, never had a problem.

yeahhh i think r31's are excluded from the list of targeted cars. Else every grandad will be defected

The fine for driving a unroadworthy car comes down to the cop. They can either issue you a fine or not.

[JDMPWR]

mate, sorry to hear about this situation. Honestly i think that the way the officer handled the situation was wrong. If they say your car was too low they have to prove it, but getting that wheel out. But i dont think there's a point in trying to fight it out in court, at the end of the day its your word against his. I rekon pay the fine and send the letter of complaint in .

Also, i'm always in the city on friday and saturday nights.. and i normally park on bourke st. Havnt been pulled over yet, and i've seen cops walk around my car. I think it was just the wrong place at the wrong time.

[R31Nismoid]

yeahhh i think r31's are excluded from the list of targeted cars. Else every grandad will be defected

The fine for driving a unroadworthy car comes down to the cop. They can either issue you a fine or not.

I think the sheer amount of times i get pulled over kinda says thats not the case

Sept-Dec last year, i was pulled over minimum once a week.

Its beek ok lately as ive been getting the train

[cjlancer]

I just wanted to say thanks guys for your support, I will write a letter to complain and i will try to get in touch with another police to see if they can do anything for me.

Just wondering if anyone knows if i was major defect do they only give 7 days until i cant drive my car any more? Cause i heard it was 28 days from a friend. Can someone clarify that?

[dmr]

friend of mine just cleared his defect for a crack in his front bar, too low and 1 tyre to be replaced.

he copped the $186 for driving an unsafe vehicle and also lost 3 demerit points.

it's really up to the cop at the end of the day.