Did Something Stupid....

[jawrgy]

Hey guys first time posting here, before you read my story i know i f**ked up but im here to get opinions to help rectify the situation or see if anyone has been in the same situation and how they went about fixing it.

Im a Green P plater and i went and bought a 350gt for about $26000 the 70th anniversary version. As most of you know the V35 is P plate illegal.... I did do my research before the purchase and checked out the RTA site from what i found was:

P2 - Vehicles – You must not drive any vehicle with:

• Eight or more cylinders.
  
• A turbocharged or supercharged engine (diesel powered engines exempt).
  
• Modifications that increase engine performance.
  
• Any other vehicle identified by the RTA – further details available on the RTA website.
  

I was just double checking and i knew the V35 was only a flat 6 cylinder and so the last point got me worrying. I searched everywhere on the site and after searching google i found a PDF file http://www.rta.nsw.gov.au/licensing/downlo...ered_6_list.pdf and it confirmed the V35 was not on the list. I even found a wikipedia site that said the 350gt was legal.

Cheering i went and bought the car, registered and insured it. Have been driving around for a while and until i was talking to a friend and he goes that he thought they were illegal. He linked me a page and yes it goes:

<h3 dir="ltr">P1/P2 licence holders are also restricted from driving the following 6-cylinder vehicles:</h3>

• BMW M and M3.
  
• Honda NSX.
  
• Nissan 350Z and 370Z (including private or 'grey' import variants eg. Infiniti G35, Infiniti G37, Skyline 350GT (V35), Skyline 370GT (V36)).
  
• All Porsches from 1994 models onwards (except diesel).
  
• Mercedes Benz SLK350.
  

I am due to get my full license in 6 months and i have a car that im not legally able to drive. When i registering the car in my name the RTA said nothing. Insurance has said nothing and now i think it is void if try to claim on an accident as im not 'licensed' to drive the car and so i really dont know what to do.

The car should have been listed in that PDF document and now im really up shit creek. I have two other cars in the family and they are both V8's and this is the only car i can drive. I am considering driving with no P plates and will just drive really carefully to avoid becoming a target but the insurance is whats holding me back as they might not cover me in the case of an incident.

I might apply for an exemption but i have no grounds as i am seeking employment and now im without a car as its real estate work which involves alot of travel conducting open homes and such i wont be able to find a job. I am also studying part time so this is big hindrance.

Anyone got advice or anything for me. I live in NSW

[interfooler]

Just don't crash until you get your full license in 6 months time..?

[jawrgy]

What do u think the chances of me getting an exemption are? I know ignorance is not a defense but under the circumstances especially with not having my license being canceled or suspended with only 6 months until i get my blacks would the RTA give some leeway?

[Takahashi GTR]

Jawrgy,

Just take it easy and you wont get pulled over. I bought a gtr before I got my licence, had jap black tint on the rear windows so you could'nt see the rear P plate. Keep your front P plate in your door trim and if you do happen to get pulled over slip it up as you pull over. When they realise you are a P plater they will tell you you dont have your rear plate up. Let them know its there. Once they have seen it they will advise you to keep it on the outside of your window. Its happened to me a dozen times in the 3 year period.

This is not to say that when you do get pulled over you wont get fined for driving an over powered vehicle, 125 kw p/t. If they cant see the that green or red sqaure on your window they rarely look twice.

[AlexanderWilde]

chances of a cop knowing your car is a variant of a 350Z that is not legal is slim and if a cop does know you can just be nice and say you looked on the RTA and did not find it as the general list specifies V8 turbo and high powered vehicles

and thus this being a V6 is smaller engine so should be fine

i got puled over a few times and the cop asked if is a V8

i told him is a V6 and he was like oh ok then

[jawrgy]

chances of a cop knowing your car is a variant of a 350Z that is not legal is slim and if a cop does know you can just be nice and say you looked on the RTA and did not find it as the general list specifies V8 turbo and high powered vehicles

and thus this being a V6 is smaller engine so should be fine

i got puled over a few times and the cop asked if is a V8

i told him is a V6 and he was like oh ok then

Good 2 know. I see u live in carlingford. I got done for speeding on carlingford road in my old car. Cop was sitting in a driveway. Undercover in a green commodore didnt realise tille he was sitting on my ass at a set of lights. But back on topic i guess careful driving for the next six months even though i have been pretty good after taking that fine is my only option.

[rb26stagea]

Garage the V35, and go buy a $500 shitter to drive legally in the meantime: at least that way if someting does happen, you only wreck a crappy car with no insurance, rather than a $26k car with no valid insurance.

[AlexanderWilde]

Good 2 know. I see u live in carlingford. I got done for speeding on carlingford road in my old car. Cop was sitting in a driveway. Undercover in a green commodore didnt realise tille he was sitting on my ass at a set of lights. But back on topic i guess careful driving for the next six months even though i have been pretty good after taking that fine is my only option.

Yes it seems to be a preferred revenue hunting ground i have seen the Green commodore there is also an orange Como and a light blue Falcon, and sometimes you can spot the white marked car on ray road just across the road from the Mobil station in Epping hunting for an illegal right turn turning on ray RD and speeders coming down from Carlingford on ray towards Epping. but as long as you don't speed your fine. just stick to the road rules.

[Easy Tiger]

As a couple of the others have said you're not insured if you crash it.. don't take the risk it's not worth it!

You will also run into severe penalties if you cause an accident too - expect to end up in court at the very least. Don't even want to think about what might happen to you if you injure or kill someone driving a vehicle that you know is not P-Plate legal.....

[scathing]

The rule on the V35 being banned was changed recently (it used to be legal). If you can prove that you bought it before the rule change, you're safe. If not, you're screwed. You have no insurance, which means if you have an accident you'll basically go bankrupt (not something you want on your permanent record).

Putting your P plates in the glass seems good in theory, but the law was changed a year or two ago saying that displaying them there was illegal and you'd still get booked for not displaying them properly if you do this. In other words, you may as well not have them there at all if you're not going to put them next to your license plates. You might get a warning, but if the cop is in a bad mood they'll do you for it. I've found, anecdotally, that NSW cops enforce this more than the Victorian cops too.

As for Wikipedia, don't trust it. The RTA updates its site so use the latest list linked from the web page on there when you buy a car. They might not delete old lists from the site, so you can still get access to it directly, but it won't be linked if you go in from the home page.

Apply for an exemption. If you bought it near the rule change period you might be able to get leniency on it since you bought the car in good faith. You could claim that negotiations on the car started before the rule change, but the paperwork was only done after the rule change which is why you missed the cutoff.

[ripstah]

I got the same situation

Green P-plates with the car but its all sweet

got pulled over heaps of times and they never said anything, closest thing was they asked me if it had turbo

i dont think they even know that its probhibited..

and with the insurance your car is insured...

so no matter whos driving it, doesnt matter if your not meant to drive it, its your car thats insured...

you can make a claim if something happens!

so you got nothing to worry about

[NISMO]

ripstash - are you sure about the insurance thing re the car is insured so anyone can drive it?

Not being a smartarse, but you would want to check the guys policy before making general statements like that.

You'd probably find that most policies are the exact opposite of what you've said, that is only certain people can drive the car.

Back to the OP, this has been discussed before, i think last time round, we found a Jun09 version of the list of illegale cars and the V was not on it, so if you bought it before then, check the RTA site, find the doc and print it up. If you bought it after Jun09, look for a later doc.

If you do drive it, can you loose your liscence, or can they delay your full's?

If yes, i would park it and catch the bus/train or as someone said, buy a shitter.

[fcruz3r]

read this the other day

"And what about insurance? We asked NRMA Insurance if P-platers who drive their parents car, now on the banned list, void the comprehensive insurance policy. What if the parents have already paid a premium on the policy, so their teenager can drive the car? Do they get a refund?

"We will review claims on an individual basis," a spokesman told Drive."

pretty sure it applies to you owning the car as well... but give the RTA a call and get written confirmation or letter of exemption.

imho all the advice on how to hide or partially obscure the p plate just shows your being dodgy... u may get lucky and have a cop who lets u off lightly....but 6 months away from getting ur license is hardly worth the risk.

i agree with getting a cheap banger to run around in for the next 6 mths.

[fcruz3r]

You can try the 2nd option

SECTION E - Prohibited Vehicle Exemption This condition restricts all P1 and P2 drivers, regardless of age, from driving 'prohibited vehicles'. A prohibited vehicle is a motor vehicle with:

eight or more cylinders

certain high performance six cylinder and other vehicles listed on the RTA website.

An exemption may be granted to a:

1.country driver who requires the use of eight or more cylinder Four Wheel Drive (4WD V8) vehicles if there is no practical alternatives

2.person who can prove they owned the prohibited vehicle prior to 11 July 2005 or before an interstate/overseas licence transfer (attach proof of acquisition). Note, only a provisional who has never held a NSW licence before his/her licence transfer can apply for this exemption

3.person who can demonstrate any other exceptional circumstance, (attach any information necessary to support your exemption request).

[GTR-N1]

And if you do get a $500 s/box, you are still advised to take out a 3rd Party Property Insurance so that if you are 'at fault' in an accident, you don't have to personally pay for all the other guy's damage.

[jawrgy]

I rang the RTA today to see whats going. I spoke to customer service and they thought i was mad when i persisted on them checking their list for the 350gt. They kept replying that the only Nissan on our list is the 350z. I asked for them to transfer me to 'exempt department' and the man told me that it was indeed listed on the site but not in 'the' official list of prohibited v6 cars. I then told him of my situation and he said to apply for an exemption and say you bought the car in good faith but there are no guarantee's. The most latest list available is the 2007 copy and this is what i based my purchase on. I think its BS that the list has not been updated.

To be honest the cops is not what worries me. I will avoid motor ways where high way patrol is most active as i am inner city living but its the insurance which is worrying me. Ill give Just Drive a call tomorrow and see what they say. I bought the car this month so grounds for purchase of the car before it was listed isnt much of an option.

[scathing]

and with the insurance your car is insured...

so no matter whos driving it, doesnt matter if your not meant to drive it, its your car thats insured...

you can make a claim if something happens!

Your car is insured if the authorised driver is driving it, when it comes to comprehensive car insurance. The setting of the premium, excess, etc is all determined by the risk of the authorised drivers. Why do you think they ask you all those questions about the drivers when you try to get a policy? It's not because they make money talking to you about things that have no relevance to anyone.

Since most young people end up with Just Cars, here's their Product Disclosure Statement

ARE YOU COVERED?

If the driver of your car was not licensed or authorised to drive it. NO

But your car was being driven without your consent. YES

So unless the owner of the car says you weren't allowed to drive it, there's no insurance cover for you. Of course, if the owner says that you weren't given consent to drive it then technically they're accusing you of stealing their car. That means you run the risk of criminal charges.

From NRMA's PDS:

General exclusions

The exclusions [listed next] apply to all cover under your Policy.

Driving unlicensed

If, at the time of an incident, the driver of your vehicle or a substitute vehicle:

* did not hold the appropriate class of licence for the vehicle

we will refuse any claim

I can assure you that every other insurer has similar clauses on their comprehensive insurance (which I inferred was the type of insurance we were talking about).

Actually, looking at the PDS for NRMA's CTP insurance:

We will refuse a claim if:

3. your vehicle was being driven by a person who was not licensed to drive it

I can't be bothered looking up the PDS' for other insurers, but you get the idea.....

If you do have an accident that you can drive away from without witnesses, then you can try committing insurance fraud and pretending someone else drove it. If there are witnesses, the insurance company can basically tell you to get f**ked and you won't have a leg to stand on. They may not do that, but there's no guarantee they'll cover you if you're a P plater in a prohibited vehicle.

Edited September 13, 2010 by scathing

[ripstah]

hmmmm

well i rang up JustCar and asked those exact same questions..

i asked them if i was still insured if i crashed the car while intoxicated, racing, driving the probhibited vehicle etc...

they said im still insured no matter what because its the car thats insured...

I was suprised but thats what they said!

also asked what if one of my mates was driving it and he crashed, but not listed on the additional drivers..

said i was still covered cause it would have been a one off thing..

[Kiwibob]

hmmmm

well i rang up JustCar and asked those exact same questions..

i asked them if i was still insured if i crashed the car while intoxicated, racing, driving the probhibited vehicle etc...

they said im still insured no matter what because its the car thats insured...

I was suprised but thats what they said!

also asked what if one of my mates was driving it and he crashed, but not listed on the additional drivers..

said i was still covered cause it would have been a one off thing..

Wow i think that if you did any of those things then Justcar would state that you wouldnt be insured. because every other insurance company wouldnt pay out. I am with Justcar and i am sure i read that my insurance is void if i use it for motorsport. I rekon you were told all that just so you would insure with them then if you crashed doing one of the above then you would get refused and told " read the product disclosure statement"

[jawrgy]

Confirmation with Just Car over the phone told me that if you are not legally driving the car you have no cover what so ever. Third Party and Comprehensive is void.....