Advice Needed - Received a Ticket for Exhaust

[HKS34R]

I have only ever seen like 4 stock skyline exhausts.. hahahaha.

i would just change the exhaust tip to something less obvious.. a two barrel style system. Just change the rear muffler and if he pulls you over tell him its stock. Like he would know any different

Normally I would agree with such a statement. But the thing I'm pissed off about is that I have paid good money to get the exhaust engineered, and I even have a previous defect saying that the exhaust meets ALL EPA AND RTA REGULATIONS. Yet the copper didn't want to see them, and when asked how I can be defected for my exhaust, have the defect cleared by the highway patrol, and then be fined again for said exhaust, he just shrugged his shoulders.

In my opinion, my exhaust has been deemed legal, not only be the RTA but also by the police that have fined me. This will not end here.

[Babylon]

HHHMMMM

i wonder if they pull over Bikies

im sure there exhaust are not under 89 DB level

[GRUNTN]

take it to em buddy i would with all whats behind you ie other fine scraped for the same thing ,rwc etc goodluck

[siksII]

take it to court for sure

if what the cop did was right then you should be able to spend your money getting your car engineered which is obviously not the case. dont pay it!

[GTR_Legend]

Found this for bikes, not much info

http://www.rta.nsw.gov.au/registration/dow...s/vsi/vsi28.pdf

[mass_iv]

ive had some experience with this kind of defect... take it to court..

u wont need a lawayer just present the facts and paper work saying your emissions are adr approved and ull be fine. if it starts to get a little onesided then break out a machine gun and start pumping some lead...lol just kiddin, nah u should be fine....

[HKS34R]

OK guys, I'm going to court!!

Have been advised that there is no way that the police know exactly how noisy a car is standard, therefore should not be able to fine me under this legislation. If they go to Nissan (or for that fact and car manufacturer) to find out how many db's a standard exhaust puts out, all they will be told is that it is under the legal 90db limit.

Will keep you all posted,

Brett

[carlo]

Good stuff dude. I hope it all goes well when you take it to court..

If they go to nissan they would probably say

"we didnt sell skylines in 1998".. hehe

If I cant find a english workshop manual for my car then the court is going to have a fun time proving what a "stock" ecr34 exhaust measures at.

Keep us posted on how you go!

[sticky dave]

IF YOUVE GOT A NOISE TEST REPORT PLUS ALL ENGINEERS CERTIFICATES

YOU SHOUNDNT HAVE A PROBLEM :flamed:

[lismo]

Something similar happened to me. I was told to go to epa in sydney for testing. I later found out that the epa dont have a testing facility in sydney, well they use to at botany but gave it to the rta as they found it a waste of time and even brand new cars were not passing australian epa laws. So the rta mainly use it for trucks and taxi's. But the cop would not pass my defect if i did not get it tested. I turned up for the emission test and the guy testing couldnt believe why i had to go for an emissions test and said it was a waste of time. The guy did not write down any of my modifications only engine/chassis number. So i could have taken it stock as a rock and got a better reading. But the thing is my car did not pass but it didnt matter because apparently there is no pass or fail. I took the emissions test papers to engineer and he wrote that the emissions complied with epa regulations for how old the car was. It was a total waste of time and i cant believe i had to go through all that shit just because some cop dosnt know what the f**k hes on about.

Another thing that i was made to do was weld my silencer in. It states in the epa regulation that silencers have to be securely in place. It dosnt say welded in place!!!

It was a matter of definition. I expained that to the cop and he said he was not going to clear my defect if it was not welded in. I wrote to epa and all they could say was it has to be securely in place and said it was up to the police to define securely and they couldnt show my where in there legislation they allow the police to make that decision yet the epa would not admit they were wrong!!!

I think that if the EPA want police to do their dirty work then they should put the defecting police through mechanical engineering degrees and also epa regulation courses. Some cops dont even know what the f**k they are looking at!!! They have no right to refuse engineering certificates. How can a cop that has done a police course for 1 year ( i dont care how long he has been a cop for) reject a fully qualified engineers report, when that engineer has done many years of study!!! ITS ILLEGAL.

I dont know about anywhere else but where im from if you want your defect cleared the police cross out everything on the defect notice and write down the side that you have to go to police station to get it cleared. WTF why even make a defect notice they make it void anyway!!!

Your suppose to take it to the local RTA engineer with engineers certificate, not your local UNQUALIFIED COP!

I think what is going on in my town is totally illegal but no one stands up to them or takes them to court so they just continue to do it.

Anyway thats my winge....lol.

*edited, the town im talking about is on the nsw coast.

[someonestolecc]

Let us know how it goes HKSR34.

Good luck

[HKS34R]

I think that if the EPA want police to do their dirty work then they should put the defecting police through mechanical engineering degrees and also epa regulation courses. Some cops dont even know what the f**k they are looking at!!!  They have no right to refuse engineering certificates. How can a cop that has done a police course for 1 year ( i dont care how long he has been a cop for) reject a fully qualified engineers report, when that engineer has done many years of study!!! ITS ILLEGAL.  

I dont know about anywhere else but where im from if you want your defect cleared the police cross out everything on the defect notice and write down the side that you have to go to police station to get it cleared. WTF why even make a defect notice they make it void anyway!!!

Your suppose to take it to the local RTA engineer with engineers certificate, not your local UNQUALIFIED COP!  

I think what is going on in my town is totally illegal but no one stands up to them or takes them to court so they just continue to do it.

Anyway thats my winge....lol.

*edited, the town im talking about is on the nsw coast.

Agreed. As it stands now, the police are not doing the correct thing, they're getting away with it, and they now it!!! I think more and more people need to take action, rather than just rolling over and letting the police doing what is unjust. I'm not going to go down without a fight, and I urge others to do the same!!

[Babylon]

lets blow shit up!!!

:flamed: :flamed: :flamed: :flamed: :flamed:

[1989GTR]

Let me know what happens brett, id love to see the cop get f#%ked over.

[Jax]

Just read this thread.Wish I could talk to you in person. Too difficult writing. -- However, Re lawyers, no good just getting one - need the right one, make local enquiries re someone GOOD at traffic matters.Just because they're lawyers does'nt mean they're good at it, anymore than all mechanics, or all plumbers,etc.

Beaten lots of traffic things. You need to remain cool, and remember, and make the point in court, that in traffic matters, like any other, the prosecution needs to PROVE it's case. From what you have said, and the legislation extract you have posted, this cannot be done. Legislation, Point1 This was not tested at the time, therefore NO evidence can be advanced that your system does not comply. POint 2 ... Same as point . Point 3Not Applicable. Point 4. Probably not applicable. That having been said [ and it really is open and shut] it still has to be presented right in Court. It won't do itself. The law won't protect you, but, if done right, it will enable you to protect yourself. By the way you or anybody else, if you get pulled up on this or similar things, DON'T remind them that they can't or arn't testing at the time.. Let them make the mistake.

[Jax]

Just been reading more throughly, some of the other comments.. DON'T get into the business of presenting Engineers Certs, Defect clearances, Emission or noise readings, etc. Don't, for christs sake. INSIST that the prosecution must first make a case, by presenting EVIDENCE to back up any allegation . Don't offer to prove anything. If they can't present evidence, there IS NO CASE to answer. If any lawyer tells you different, get another one. Should, for any silly reason the magistrate rules against you, you have a PERFECT appeal.

[HKS34R]

Not going to worry about a lawyer. I wouldn't be able to find one here in Coffs that specialised in traffic offenses anyway. Just reading your posts Jax is making me nervous, however, I believe that I am in the right, and that will get me through.

Thanks for the advice too. I will keep that in mind when I go to court.

[Jax]

Mate, being in the right will not get you through. Have you responded in any way, yet, or just not paid the fine? Really, you're on a SURE winner, BUT, you've got to do it right.

You can just as easy lose,being right, it's what and how you do it that matters. Courts are about the law, and consider only that which is put before them. No moral questions of right or wrong involved. I wish I could change places with you. A piece of cake. We should find a way to talk, believe me.

[HKS34R]

Mate, being in the right will not get you through. Have you responded in any way, yet, or just not paid the fine?  Really, you're on a SURE winner, BUT, you've got to do it right.

You can just as easy lose,being right, it's what and how you do it that matters. Courts are about the law, and consider only that which is put before them. No moral questions of right or wrong involved. I wish I could change places with you. A piece of cake. We should find a way to talk, believe me.

Sorry, by saying I was in the right means that:

1. The police officer did not take a db reading of my exhaust, therefore how does he know it is louder??

2. Nissan does not specify how loud a standard exhaust is, just that it is under 90db. I have been told this by my engineer, but will seek written evidence of this next week.

3. My car has been legally registered in the state of NSW with the exhaust on it.

I know that it is not a case of who is morally right or wrong, and have taken your advice. I will prove that there is no case first and foremost.

[mass_iv]

good luck brett, it sounds like Jax knows wat hes talking about, take his advice and make the cops look like they dont know wat they are doing!!