Issuing Defect Notices

[Laurence]

Read it and weep "if, in the reasonable opinion of the person issuing the notice" is the key here. So if the cop thinks it is dodgy, it is...

http://www.austlii.edu.au/au/legis/vic/con...99309/s701.html

ROAD SAFETY (VEHICLES) REGULATIONS 1999 - SECT 701

PART 7 VEHICLE DEFECT NOTICES

Issue of defect notices and formal warnings

701. Issue of defect notices and formal warnings

(1) A vehicle defect notice may be stated to be-

(a) a major vehicle defect notice, if, in the reasonable opinion of the

person issuing the notice, the further use of the vehicle in road

transport after the time specified in the notice would constitute an

imminent and serious safety risk; or

(B) a minor vehicle defect notice, if, in the reasonable opinion of the

person issuing the notice, deficiencies in the vehicle, if allowed to

continue after the time specified in the notice, may constitute a

safety risk.

(2) A vehicle defect notice must state-

(a) the vehicle's registration details including the registration number,

unregistered vehicle permit number (if practicable and applicable),

expiry date and jurisdiction of registration; and

(B) the name of the driver of the vehicle or, if the driver is not present

when the notice is issued, the words "registered operator"; and

© to the extent practicable, the vehicle's identification details

including its VIN, or if there is no VIN, the chassis number or engine

number, its make and type; and

(d) the type of inspection conducted; and

(e) the details of the vehicle's defects and whether the notice is a major

defect notice or a minor vehicle defect notice; and

(f) the time and date after which the vehicle is not to be used on a

highway; and

(g) any restriction on the movement of the vehicle to another location

following issue of the vehicle defect notice; and

(h) the clearance requirement, including the date after which the

vehicle's registration may be suspended unless the notice has been

cleared; and

(i) the name, official number or other identification of the person

who issued the notice.

(3) A person who issues a vehicle defect notice-

(a) must-

(i) if the driver is present-give the notice to the driver;

(ii) if the vehicle is unattended-cause the vehicle defect notice to be

affixed to the vehicle;

(iii) in the case of a major defect notice-cause a defective vehicle label

to be affixed to the vehicle;

(B) may, in the case of a minor vehicle defect notice-cause a defective

vehicle label to be affixed to the vehicle.

(4) A driver of a vehicle (other than the registered operator) who is given a

vehicle defect notice in accordance with sub-regulation (3) must cause the

notice to be sent to the registered operator of the vehicle.

Penalty: 5 penalty units.

(5) A defective vehicle label must state-

(a) sufficient details to identify the vehicle; and

(B) the time and date after which the vehicle is not to be used on a

highway; and

© any restriction on the movement of the vehicle to another location

following issue of the vehicle defect notice; and

(d) the name, official number or other identification of the person who

issued the notice; and

(e) the date of issue of the label; and

(f) the serial number of the defect notice to which the label relates.

(6) If an authorised officer or a member of the police force considers that

deficiencies in a vehicle do not constitute a safety risk but should be

remedied, he or she may-

(a) if the driver is present-give the driver a formal written warning; and

(B) if the vehicle is unattended-cause the formal written warning to be

affixed to the vehicle.

(7) A driver of a vehicle who is given a formal written warning in accordance

with sub-regulation (6) and who is not the registered operator of the vehicle

must cause the warning to be sent to the registered operator of the vehicle.

Penalty: 5 penalty units.

[r32impul]

last time I got a major defect notice for my tyres only, (they say is racing simi slick) and the cops put the defect right on my front windscreen and told me i hv to toll the car away... follow up with a $130 fine too

But luckly i got a set of stock rims and tyres setting at home......... so i toll the car home and get it change over........but took me a week to clear the defect....

[Guest INASNT]

Blahhh Blahhh Blahhh

Reasonable opinion is like asking how long a piece of string is!!!

That crap is just put in so that u can be defected with even a stock car and the excuse the pig that issued it can say he had a reasonable opinion that it was defectable and get away with it, after u have paid the $165 fine.

Can ya say REVENUE RAiSING!!!!!!

[KamikazeR33]

we should protest about this sorta thing

or start a riot or a vigilanty on cops who go round defecting who they like

[Guest INASNT]

pointless protesting, as laws are written so cops can fine u without actually knowing wtf they are doing!!! Its the only job in the world where u dont need to know shit about anything to do ya job.

[meshmesh]

I had another call at the office by a cop about advertising in their magazine.. Again he gave me the usual Police Tone Attitude, so I replied with soimple YES or No's, and when I said to him, mate I dont have time what's your point of this call, he gave me a speil about the magazine. So I replied with the usual, "with all the money you make from speed camera's you want more!!! Not interested" he replied "we don't get the money the Government does"... So I said "well go ask the government to advertise cause we're not interested.. goodbye:D"

A$$holes, Police, EPA & The Brax Clan are really getting on my nerves.

My name's mesh and "This is my personal opinion"

[R32Big_boy]

There is just too much personal opionion with the cops these days. If in their personal opinion they think its no good...then its no good. I know who i'm voteing for come election time and its not the revenue raising pricks that are in at the moment.

[Guest INASNT]

I had another call at the office by a cop about advertising in their magazine.. Again he gave me the usual Police Tone Attitude, so I replied with soimple YES or No's, and when I said to him, mate I dont have time what's your point of this call, he gave me a speil about the magazine. So I replied with the usual, "with all the money you make from speed camera's you want more!!! Not interested" he replied "we don't get the money the Government does"... So I said "well go ask the government to advertise cause we're not interested.. goodbye:D"

A$$holes, Police, EPA & The Brax Clan are really getting on my nerves.  

My name's mesh and "This is my personal opinion"

what magazine r u talking about.

[R31Heaven]

I am interested in this, as if your got charged and you didnt wear it. If it went to court, dont you have to have facts before you can be charged with something, not personal opinions. It would be interesting if you stood up with sheets and facts to prove your car was legal and all they had was an opinion, as personal opinions can change from one person to another. your should not be able to be charged without physical images or readings or facts. When you get caught speeding by a speed gun, cant you ask to see the actual speed on a camera as a right? if so when you get cannaried for exhuast noise you should have the same right to see proof. Ok had my rant. :headspin:

[Guest INASNT]

u would think that, but now cops can guesstamate everything without any proof and get away if they are wrong because the laws enable them to do this.

Stupider cops around with greater power!!!!!

[Rowdyr32]

What the deal with fines for being canaried? I've never heard of fines!

[predator]

you always get fined.. usually its $125

cops have too much power when it comes to this thing, and are inadequately trained to spot correct or incorrect items. They really need a handbook they carry around, and the public can get a copy. They look down the list, point it out. At least you know what it is, and its clearly laid out for anybody to look at.

If its on the list its a defect, and the exact terms and definitions are laid out. If the defect is not in line with these then you should be able to take it to court or invalidate the defect.

[Guest INASNT]

The fine is $165.

Cops do have a book they refer to. It say

* eat donuts

* defect any import

* book people for doing 3 km/h over the speed limit

* suck bracks co*ck after each shift

[Rowdyr32]

Engineering my car might be a cheap option once I get the engine in if the fines are $165 plus a rwc.

Thanks for pointing it out guys!