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P-plate Turbo Exemption Info?


RxGTR
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If people didn't call bullshit on my statements I wouldn't have to tl;dr them to death :D

There is so much wrong with what you said.

Firstly the idea that driving a B-double on a car license is the same as driving a car on restrictions is WRONG.

You are not licensed to drive a B-double on a car license. You are, however licensed to drive a car. In some cases that license may come with certain restrictions, but you are still licensed to drive a car. That is very different. And as I said, if the insurer doesn't explicitly state that you are not insured under an exact circumstance, ie. "You will not be insured if: you drive a car more powerful that your license allows

You are not wear your prescribed glasses as per license conditions" then you are covered.

As I said, they cannot put in vague restrictions hoping to net as many claims as possible. They are obligated, by law, to specifically set out when you will and won't be covered.

And again, an insurer cannot insure a vehicle on behalf of a person, knowing full well that that person is not allowed to drive that vehicle. If they do, and they do not inform the person to the best of their ability that they are driving a vehicle off limits to them, then you can be almost guaranteed that in the event of a claim, they will be forced to honor the policy.

Insurers MUST disclaim EVERYTHING. Let's look at you 3rd party "cover" concept. Taking a premium for 3PFT or Comprehensive for the fire and theft part of a the insurance only. They are still absolutely obligated to tell their client that they will not be insured if they actually drive the vehicle, ie. the client is ONLY insured for fire and theft. If they fail to adequately do so then they will have to honor the claim in the event that the person crashes while actually driving. And again, they must explicitly state "You will not be insured while driving this vehicle as you are currently on a restricted probationary license and you car falls under the restricted category for the following reasons: too powerful...blah blah blah." If they don't, then they will have to pay.

So they have three options.

1) Do not insure your vehicle.

2) Insure your vehicle only after making it absolutely clear that the nominated driver will not be insured when driving the car for reasons x, y and z (must be explicit - cannot be some vague "catch everyone" clause)

3) Insure your vehicle with making it absolutely clear that the driver will not be insured when driving the car for reasons x, y and z and then be forced to pay out a claim in future.

So, again, your insistence that a p plater will not be insured in the event of crashing a car on the "too powerful" list is incorrect. Most insurers do not put a specific clause in their contracts in relation to this and do not take adequate steps to inform the policy holder that they will not be insured in the event they crash the car while still having that specific license restriction.

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You are not licensed to drive a high powered vehicle. That is why you can get fined for it when the police pull you over. It is against the law, a punishable offence. Just like with any other clause written in the PDS about driving a car illegally, in an unroadworthy state, intoxicated etc.

They don't have to state every specific scenario that comes under the licencing clause. Look at the unroadworthiness clause of the Just Cars PDS. It states "unroadworthy or unsafe condition". It doesn't specify bald tyres or cut springs or no lights...because all of this comes under the umbrella term of unroadworthy. Just like driving a high powered vehicle on your P plates, being something you need a full licence to do, comes under the terms "If the driver of your car was not licensed or authorised to drive it". Your PDS would be 1,000 pages long if they had to lay out every specific scenario you aren't covered for by the policy, e.g. "less than 25% tread depth on radial tyres blah blah".

The insurer does not have an obligation to tell someone over the phone that they won't be covered. It's in the PDS. Just like they don't remind you over the phone not to drive over .05 because...it's in the PDS...and it's common sense not to. It's supposed to be common sense that you don't drive a high powered vehicle on your P plates.

So again, anything and everything you want to bring up regarding contract law is discounted if it is put forward in the PDS to begin with. That leaves us with an interpretation of Just Cars' PDS.

So let's look at the worst case scenarios of following my advice vs following yours. The worst case scenario of my interpretation, if I'm wrong, is that someone misses out on driving a turbocharged vehicle for 3 years, which they shouldn't be doing anyway according to the law. The worst case scenario of your interpretation on the other hand, if you are wrong, is that someone ends up bankrupt and without a car at all because they think "but this guy on the SAU forum said you're in breach of contract law" might hold up in court.

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Lol Charles I wasn't referring to you! I Charles'd you for the ninja man ;p.

Said PS was for the youngins out there ;)

Oops...... :(

You know... "Ninja man" has some quick defensive skills haha :glare:

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Serious note though.

I'm not bragging that I got the exemption.

I have my reasons why I got the exemption. Legit, no sh*t.

I don't drive to attract unwanted attention, 2 years no police problems, then a few months ago, whilst parked, got defected. Out of my control as a p plater.

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lol at this thread

@ Who and what p platers can drive what when and how

Try JUST insuring anything over a 1.2lt in the first 5 years of driving in the UK and it will set you back over $4k in most cases

v6, v8 you can forget

turbo car no chance, there laugh in your face even when you reach the magic 25/30 year old or full n/c discount your still looking at nigh on the same for a turbo car per year!!!!

not to mention the road tax every 6 months or yearly however you wish to pay it and your MOT every year thats bound to throw up something wrong with your car!!!!! that your have to get fix to keep everything in order.

What im trying to say is i wish i had the chance to drive just a n/a Skyline at 17 18 19 or even a v6 or just something over 1.2

P platers dont no how lucky you are tbh

just my 2 cents and some tax

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lol at this thread

@ Who and what p platers can drive what when and how

Try JUST insuring anything over a 1.2lt in the first 5 years of driving in the UK and it will set you back over $4k in most cases

v6, v8 you can forget

turbo car no chance, there laugh in your face even when you reach the magic 25/30 year old or full n/c discount your still looking at nigh on the same for a turbo car per year!!!!

not to mention the road tax every 6 months or yearly however you wish to pay it and your MOT every year thats bound to throw up something wrong with your car!!!!! that your have to get fix to keep everything in order.

What im trying to say is i wish i had the chance to drive just a n/a Skyline at 17 18 19 or even a v6 or just something over 1.2

P platers dont no how lucky you are tbh

just my 2 cents and some tax

I must say I disagree with your sentiment about UK insurance. Yes its like that in the UK but in the states you can quite cheaply drive around in a new shape Mustang GT at 16 years old and insurance wont even set you back that much depending on your neighbourhood.

The UK has an over reaction to P-Platers imo, insurance shouldnt cost 10 times what the car is actually worth.

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Have you tried to insure a car over 1.2 in the uk at 17????

ps we don't have p platers either

Also it not about the cost of the car or what its worth its the risk YOU are driving THAT car and the liability you may or may not be

Edited by jjskyline79
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Have you tried to insure a car over 1.2 in the uk at 17????

ps we don't have p platers either

Also it not about the cost of the car or what its worth its the risk YOU are driving THAT car and the liability you may or may not be

Sorry I meant I disagree about the insurance prices being justified, your absolutely right about the price of insurance. I tried to insure a 02 BMW M3 and couldnt find insurance under 10k GBP. I realise about the liability but its ridiculous that I can get 3rd party for a commodore here in Australia for $300 and do up to $20 million worth of damage, yet in the UK insurance is 5 or 10+ times more, it doesnt really add up in my mind. Unless of course UK drivers are that much worse than us, although the most obvious explanation is they are just screwing people for every cent.

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To all you p-platers out their, seriously getting a exemption to drive a turbo is not worth it. I bought my car first and then applied for it so the chances of getting it would be higher, but thinking of it now it was not worth the risk of not getting it, mainly because of the restrictions, like no passengers at all, only drive in certain areas and the thought of what you are going to tell the cops if you get pulled over now.(ofcourse it all depends on the reason for the exemption)

Thats is just my experience, and because of the exemption restrictions im selling my lovely skyline that took me 6 months to find. sad.gifsad.gifsad.gif

but if you think you can afford a daily run around and a skyline while on your Ps then go for it miner.gif

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perzn_34: Were you able to get yourself an exemption? If so what kind of exempion was it? as in was it for work purposes, family hardship etc. and are you choosing to sell because it is such a ball breaker to stick to the restrictions? also how difficult really is it to have the exemption granted and what is actually involved besides already purchasing the car and filling out the forms?

sorry for all the q's man just interested.

cheers.

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  • 3 months later...

Hey my mum runs a signage buisness which i work in 7 days a week, she owns 2 cars a v8 au falcon ute and a r33 single turbo and she uses the v8 ute everyday, and she is always going to brissy and place like 300kms away sometime even further, and im left at home to run the buisness and work which requires me to drive around alot (painting signs, installation of signage ect.) and the only car at hand is the turbo'ed skyline for buisness use and personal use. i also have family circumstances relation to my disabled dad (doesnt live at home) i have to drive him to appointments and shit. i wanna know would i be rejected for an exeption for any reason? both cars a rego'ed under buisness.

a trainee works for my mum buisness aswell and mum rego'ed his car under the buisness so he could get rego and everything back on tax but thats his car and its a vp v6 commo, would that affect my chances?

cheers.

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You have a Nissan sports car as a signage company car? To paint/install signs?

Come on dude. You think VicRoads haven't seen that kinda stuff a million times before?

You can apply for it, but i wouldn't get my hopes up.

Also if you get caught driving it at ANY other time other than specifically for business, prepare to bend over (should you actually get an exemption).

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No need to apply in vic anymore, it goes under auto exemptions!

From vicroads website:

Exemption to drive a probationary prohibited vehicle

1. Automatic Exemption

The Road Safety (Drivers) Regulations 2009, automatically exempt a probationary driver, from the probationary prohibited vehicle restrictions, who is driving the vehicle in the course of his or her employment and at his or her employer’s request or is self employed and an Australian Business Number (ABN) is in force in relation to the person's business. No exemption document is required from VicRoads in these circumstances. However, the onus is on the driver to provide evidence to the police if requested.

A person is not permitted to drive the vehicle at any time for social reasons or reasons unrelated to work. In these cases the onus is upon the driver to provide evidence to the police that his or her driving is work connected.

A member of the police force who is the holder of a probationary car licence and the holder of an approved Driver Certificate Endorsement for a vehicle of that class is authorised to drive a probationary prohibited vehicle in the course of duty. No exemption document is required from VicRoads.

Link:

http://www.vicroads.vic.gov.au/Home/Licenc...tedvehicles.htm

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No need to apply in vic anymore, it goes under auto exemptions!

From vicroads website:

Exemption to drive a probationary prohibited vehicle

1. Automatic Exemption

The Road Safety (Drivers) Regulations 2009, automatically exempt a probationary driver, from the probationary prohibited vehicle restrictions, who is driving the vehicle in the course of his or her employment and at his or her employer’s request or is self employed and an Australian Business Number (ABN) is in force in relation to the person's business. No exemption document is required from VicRoads in these circumstances. However, the onus is on the driver to provide evidence to the police if requested.

A person is not permitted to drive the vehicle at any time for social reasons or reasons unrelated to work. In these cases the onus is upon the driver to provide evidence to the police that his or her driving is work connected.

A member of the police force who is the holder of a probationary car licence and the holder of an approved Driver Certificate Endorsement for a vehicle of that class is authorised to drive a probationary prohibited vehicle in the course of duty. No exemption document is required from VicRoads.

Link:

http://www.vicroads.vic.gov.au/Home/Licenc...tedvehicles.htm

f**k. yes

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Worry about getting in bed with a girl before you concern yourself with getting a turbo Mohsen^^

:down:

yeah, got in bed with your mum. does she count as a girl?

sorry man, you left that widddeeee open.

Edited by Mohsen
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im not exactly sure how, but i was driving an r33 gts-t on my p's and some how the guy i bought it off got the weight bumped up on the reg sticker on the windscreen, i think he took it to a weight station with heaps of stuff in it or something and got it registered at the new weight, honestly im not exactly sure how he did it, but i got pulled over for it and the first thing the copper said was with a biiiig smile on his face was "mate you know your now allowed to be driving this thing dont you" i said really, could you explain why, he said sure mate, come have a look at this.

he took me to the front and opened his book, he said, you see this is your cars power and typed it into his calculator and he pointed he said that is your weight, and i pointed out on my reg sticker and said, NO -> that is my weight. he looked dumbfounded and said, ??? why is that different. i said it must be the model, he said ok that is your weight, finished typing it in the calculator and said shit hang on. haha he didnt have anything to say, but he did say "ohhh i dont have time for this anyway, iv got better things to do"

little did he know it had a 2535, power fc ect ect. he still gave me an epa to get me on something, but i slipped past that too with a p shooter exhaust, the turbo and the power fc still fitted :yes:

anyway, as i said, i dont know how, but look into bumping up the tare weight on your sticker (legally of course) it worked for me... numerous times

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