Vic Roads Jurisdiction

Licences, Registration, RWC, ADR
mussmick
Posts: 9
Joined: Fri Nov 07, 2014 11:09 am

Vic Roads Jurisdiction

Postby mussmick » Tue Nov 11, 2014 10:30 am

If I've purchased a brand new vehicle, received a roadworthy certificate and gone to Vic Roads who visually inspect the vehicle and registered it.
Then while I leave Vic Roads, I receive an infringement from Victoria Police, for a “Number plate not affixed in accordance with the regulations”, being the Road Safety (Vehicles) Regulations Act 2009. http://www.austlii.edu.au/au/legis/vic/ ... 9/s48.html

Am I at fault for operating a vehicle that was delivered to me and registered in a manner which I believed to have had complied?

Who would be the correct governing body to confirm whether the vehicle is within regulations?

For background information the vehicle is an import from USA and passed compliance and roadworthy prior to registration.
Are Victoria Police, correct in going beyond the Federal Governments ADR’s and Victoria’s Road Authorities jurisdiction?

Gravy
Posts: 1062
Joined: Thu Mar 21, 2013 9:25 am

Re: Vic Roads Jurisdiction

Postby Gravy » Tue Nov 11, 2014 10:51 am

mussmick wrote:Who would be the correct governing body to confirm whether the vehicle is within regulations?
I would say that there isn't one. It would be the judiciary that decides if you're complying with legislation.

mussmick wrote:Are Victoria Police, correct in going beyond the Federal Governments ADR’s and Victoria’s Road Authorities jurisdiction?
VicPol is not "going beyond" (whatever that means) ADR or VicRoads. When they charge you, they're alleging that you are not complying with legislation, rules, regulations, etc. If you believe their allegations to be incorrect, you ask a judge to decide.

mussmick wrote:Am I at fault for operating a vehicle that was delivered to me and registered in a manner which I believed to have had complied?
Sean - does Proudman apply?

Hardy
Site Admin
Posts: 8460
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Vic Roads Jurisdiction

Postby Hardy » Tue Nov 11, 2014 1:27 pm

Proudman probably won't apply.

I don't think a rego plate location is an ADR requirement or a RWC issue. A RWC is only good for the moment it is signed. if your tyres wear out on the way to get the car registered, the RWC certificate is not going to help you defend that charge, just as it won't be made invalid by the fact that your tyres have subsequently lost tread.
If the rego plate looked to you like it was in the right spot then it is probably compliant with legislation unless it is feasible to move the plate to a location that complies.

mussmick
Posts: 9
Joined: Fri Nov 07, 2014 11:09 am

Re: Vic Roads Jurisdiction

Postby mussmick » Tue Nov 11, 2014 4:06 pm

Hardy wrote:Proudman probably won't apply.

I don't think a rego plate location is an ADR requirement or a RWC issue. A RWC is only good for the moment it is signed. if your tyres wear out on the way to get the car registered, the RWC certificate is not going to help you defend that charge, just as it won't be made invalid by the fact that your tyres have subsequently lost tread.
If the rego plate looked to you like it was in the right spot then it is probably compliant with legislation unless it is feasible to move the plate to a location that complies.


Thank you for your response Sean. I had contacted the Department of Infrastructure and Regional Development regarding the compliance issue. Reg. ADR61/02 states the requirements for the number plate location.
Can I argue RS(V)R 2009 Reg. 48(2)(a) and (b) for the fact it is a factory mounting bracket? Or is it seen as practical for me to modify it's position, regardless of cost etc.

rustyone
Posts: 517
Joined: Thu Nov 10, 2011 10:04 pm

Re: Vic Roads Jurisdiction

Postby rustyone » Thu Nov 13, 2014 10:14 pm

did you have a permit to drive the Vehicle to vicroads that day it was inspected?
or did you tow it to vicroads?
If you had a permit tell them to f off because the permit covers that.
if you didn't, pay the fine because it could have been worse, or get that way if they ask them selves "how did the vehicle get there in the first place". :?

Hardy
Site Admin
Posts: 8460
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Vic Roads Jurisdiction

Postby Hardy » Thu Nov 13, 2014 11:30 pm

The fine was issued after the vehicle was registered, so it matters not how the vehicle journeyed prior to registration.

rustyone
Posts: 517
Joined: Thu Nov 10, 2011 10:04 pm

Re: Vic Roads Jurisdiction

Postby rustyone » Fri Nov 14, 2014 6:44 am

Hardy wrote:The fine was issued after the vehicle was registered, so it matters not how the vehicle journeyed prior to registration.

see even you missed it :!: he probally drove an un resistered vehical on the road to get there which is a greater offence. if by chance he did the right thing by obtaining the permit to drive an un registered vehical it would have cover the vehical to drive that [url]hole day[/url]with no plates or plates in the wrong spot, hence could not have been booked on that day.

Gravy
Posts: 1062
Joined: Thu Mar 21, 2013 9:25 am

Re: Vic Roads Jurisdiction

Postby Gravy » Fri Nov 14, 2014 2:42 pm

Rusty, you're taking the question too literally. The OP has posted the same question in three different topics, though this version of the question is a little more theoretical than another version. I see how you've interpreted the question, but read the other posts and it makes a little more sense.

mussmick
Posts: 9
Joined: Fri Nov 07, 2014 11:09 am

Re: Vic Roads Jurisdiction

Postby mussmick » Fri Nov 14, 2014 3:07 pm

Yeah sorry for the multiple posts. This post was a bit too literal but in the scheme of things, it's what I'm getting pinged for.
Fair enough if it were tyres and they were worn out, I understand its an operators responsibility to insure his vehicle is road worthy but a number plate mounting bracket from factory isn't something that degrades over time.
What is the Law these days anyway. Had a Senior Sergeant of State Highway Patrol and a Police Prosecutor both agree it's a grey area.

Hardy
Site Admin
Posts: 8460
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Vic Roads Jurisdiction

Postby Hardy » Fri Nov 14, 2014 4:56 pm

A unregistered vehicle permit is not applicable to a vehicle that is registered. Has nothing to do with whether or not plates are displayed.
I did a case in court 2 weeks ago where a guy drove his vehicle from Vicroads after registering it and picking up new plates. Problem was he failed to attach the new plates, and he committed the offence of driving without plates even though he had a 28 day permit on him. The only thing the permit protects you from is a charge of driving unregistered. If you are driving a vehicle that is unregistered it does not need to have any plates on at all.

rustyone
Posts: 517
Joined: Thu Nov 10, 2011 10:04 pm

Re: Vic Roads Jurisdiction

Postby rustyone » Sat Nov 15, 2014 7:12 am

Hardy wrote:A unregistered vehicle permit is not applicable to a vehicle that is registered. Has nothing to do with whether or not plates are displayed.
I did a case in court 2 weeks ago where a guy drove his vehicle from Vicroads after registering it and picking up new plates. Problem was he failed to attach the new plates, and he committed the offence of driving without plates even though he had a 28 day permit on him. The only thing the permit protects you from is a charge of driving unregistered. If you are driving a vehicle that is unregistered it does not need to have any plates on at all.

right i get it now, you get the plates you must fit the plates before you drive off in the pissing rain with your tool box. :lol:

Day
Posts: 1604
Joined: Wed Mar 19, 2008 4:51 pm

Re: Vic Roads Jurisdiction

Postby Day » Sat Nov 15, 2014 9:37 am

Yep. Luck of the draw what the weather will do, however it is still your responsibility to put them on properly. Besides are you really going to get hurt by a little rain?! :wink:

busdriver
Posts: 214
Joined: Tue May 01, 2012 3:12 am
Location: Queensland

Re: Vic Roads Jurisdiction

Postby busdriver » Sat Nov 15, 2014 10:04 am

rustyone wrote:right i get it now, you get the plates you must fit the plates before you drive off in the pissing rain with your tool box. :lol:


The RTA were once kind enough to lend me screw driver so I could attached new number plates to my vehicle.

allde
Posts: 740
Joined: Sun May 13, 2012 12:46 pm

Re: Vic Roads Jurisdiction

Postby allde » Sat Nov 15, 2014 11:42 am

Were the Screws ADR & RTA approved. :D


Return to “VicRoads”

Who is online

Users browsing this forum: No registered users and 1 guest