Police damage car?

[79FordEsky]

Hi mate, I just wanted to give you information on how to proceed:

go to your nearest local court
apply to have the charge dismissed (form at the registry) Duty Solicitor can help with filling it out
then under this section the defect notice must have, either resulted from a safety risk or made the vehicle difficult to identify. AS BELOW.

Then go to your local mechanic and have a letter that states that it is not a defect. Give this to the Magistrate when the matter is heard.

If there is no compliance for the vehicle under RTA NSW regulations etc, then the Court should dismiss the charge. If this is made, then get a copy of this (certified by Justice of Peace) and send to your RTA to inform them it has been dismissed.

For a minor defect, a warning was also available to the Officer. In regard to the damage, again your choice. But you can also have Court make a compensation claim for payment of repairs (get 2 quotes) and give this to the Magistrate.

Good luck!!

ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2007 - REG 70

Issue of defect notices and formal warnings 70 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 registrable 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 registrable vehicle, if allowed to continue after the time specified in the notice, may:

(i) constitute a safety risk, or

(ii) hinder the ability of a person to identify the vehicle by reference to its number-plates.

Note: Section 26 of the Act provides that a police officer or the Authority may issue a vehicle defect notice.
"Safety risk" is defined in the Dictionary to mean danger to a person, to property or to the environment


http://www.austlii.edu.au/au/legis/n...07478/s70.html

[2011G6E]

Geez...do people still use pod filters?
Seeing the range of high flow panel filters that fit in the standard housing, I'm surprised anyone would go to the trouble...

[Stazza_Brendan]

This thread is useless without pics of airbox. Before and after damage.

[Tobey]

Guys, do you remember the law that P-platers cannot drive vehicles that have any performance modifications at all?

I would imagine that this is what the ticket has been issued for.

The damage may be something you want to complain about and take further. But you wont get the ticket dismissed if it is in fact for a p-plater driving a vehicle with a performance modification...

[2011G6E]

Originally Posted by Tobey

Guys, do you remember the law that P-platers cannot drive vehicles that have any performance modifications at all?

I would imagine that this is what the ticket has been issued for.

The damage may be something you want to complain about and take further. But you wont get the ticket dismissed if it is in fact for a p-plater driving a vehicle with a performance modification...

Ah, bingo...forgot that one. I would say an air pod and airbox that is obviously aftermarket would attract the eye of any half-competant copper straight away after noticing the P plate...

[ltd_on20s]

Originally Posted by Tobey

Guys, do you remember the law that P-platers cannot drive vehicles that have any performance modifications at all?

I would imagine that this is what the ticket has been issued for.

The damage may be something you want to complain about and take further. But you wont get the ticket dismissed if it is in fact for a p-plater driving a vehicle with a performance modification...

regardless.

he may be entitled to compensation for the damage.

thats why unfortunately people nowadays have to record the police officer and subsequent conversation.

[ratter]

OP has been on several times today and not answering questions

[Tobey]

Originally Posted by ltd_on20s

regardless.

he may be entitled to compensation for the damage.

thats why unfortunately people nowadays have to record the police officer and subsequent conversation.

Yes, thats why i said make a complaint. The court doesnt care (when trying to get the ticket revoked) wether the car was damaged by a police officer.

Also, not sure how this applies, but something to note, in the event a Police officer searches a vehicle, any panels/parts removed/damaged as part of the search, are not an expense of NSWPF to have replaced/reattached/repaired.

[Bossxr8]

Originally Posted by Tobey

Guys, do you remember the law that P-platers cannot drive vehicles that have any performance modifications at all?

I would imagine that this is what the ticket has been issued for.

The damage may be something you want to complain about and take further. But you wont get the ticket dismissed if it is in fact for a p-plater driving a vehicle with a performance modification...

But doesn't that only apply to people who got their licence after a certain date. I'm sure their are still P platers who have to follow the rules that applied when they got their licence. The rules didn't automatically apply to all P platers, just the ones who got their P's after the new rules were introduced.

[Tobey]

Originally Posted by Bossxr8

But doesn't that only apply to people who got their licence after a certain date. I'm sure their are still P platers who have to follow the rules that applied when they got their licence. The rules didn't automatically apply to all P platers, just the ones who got their P's after the new rules were introduced.

The law came in a decent time ago now, would have been July 2005 IIRC. Before FG's were even released...

[prydey]

Originally Posted by 2011G6E

Geez...do people still use pod filters?

normal panel ones just done say 'fully sic' enough.

[SteveJH]

Originally Posted by Tobey

Also, not sure how this applies, but something to note, in the event a Police officer searches a vehicle, any panels/parts removed/damaged as part of the search, are not an expense of NSWPF to have replaced/reattached/repaired.

So who pays? Especially if nothing is found by the search.

[Sorted]

Do ppl still use pods lol

The FG GT 335 & GS 315 super charged have them as standard equipment & are exposed when you open the bonnet

Some one add a photo for the un-educated

[prydey]

Originally Posted by Sorted

Do ppl still use pods lol

The FG GT 335 & GS 315 super charged have them as standard equipment & are exposed when you open the bonnet

Some one add a photo for the un-educated

the OP wasn't driving a gt or gs. many people that change their factory panel setup to a pod think that their car will become a gt or gs though.

[NC1183]

Originally Posted by Sorted

Do ppl still use pods lol

The FG GT 335 & GS 315 super charged have them as standard equipment & are exposed when you open the bonnet

Some one add a photo for the un-educated

I am very interested to know, how someone would get on if the police ever did a defect inspection on a new S/C GS or GT

[graham_h]

What above new FPV owners with a pod as standard ?

[Bossxr8]

Originally Posted by Tobey

The law came in a decent time ago now, would have been July 2005 IIRC. Before FG's were even released...

Its only been a year or 2 hasn't it.

It definately wasn't 7 years ago.

Not in Vic anyway.

[ratter]

manufacturers build their cars to meet emission and ADR standards, so it will not be a problem on a car that is built by the manufacturer, but the same system would not automatically be legal on another car

[ltd_on20s]

Originally Posted by Tobey

Yes, thats why i said make a complaint. The court doesnt care (when trying to get the ticket revoked) wether the car was damaged by a police officer.

Also, not sure how this applies, but something to note, in the event a Police officer searches a vehicle, any panels/parts removed/damaged as part of the search, are not an expense of NSWPF to have replaced/reattached/repaired.

i think your quite wrong on that.

even the constitution says people have a right to just compensation. they are not allowed to just take stuff off your car without recourse.

that opens a whole can of worms on abuse of power.

[Dave R]

Thanks for the replies guys, much appreciated. I haven't been able to reply until I got back in contact with my brother.

The intake was custom made, to a very high level of quality and took a long time to get perfect. So there's no way of putting a dollar value on it, but that isn't the point and nobody is looking to be compensated. The issue seems to lie with principle, whether it was a good quality custom made intake or a million dollar Process West race intake, I don't think the officer should have man-handled it. If he didn't think it was legal he should have written a defect notice and left it at that. I haven't got a photo of it undamaged, but it has a similar style and finish to the intake from my XR6T, very discreet.....



It was a black steel airbox (unpainted on its underside) with a stainless steel intake pipe. I assume the shiny intake pipe would have aroused the officer's attention. The reason for the pod filter is purely for a bit of induction noise as the N/As sound like a vacuum cleaner with a panel filter. I've been told that the officer was prying it open by leveraging his metal torch against the car's frame, which has twisted the lid. It was pretty strong metal so he would have been applying a lot of force to destroy it like he did...



As far as P Plate modifications go, there seems to be a divide in opinion. From what I have researched the law states that only modifications that require an engineers certificate are illegal for P platers. I'm not sure if a simple air intake qualifies, but in the legislation minor modifications do not require certification. The intake wouldn't provide any more power either way. I'm told the officer also cited “emissions” as a reason the intake was defectable... yet still no defect notice, just a fine.

As far as the overall ordeal goes, my brother told me he was being tailgated by this unmarked SS Commodore for the last 3km of his journey, presumably to push him to go faster as I know some cops do with P platers and without an entrapment law over here, they get away with it. When pulled over, the officer checked everything he could, from inner tyre wear to the boot looking for unrestrained subs (car has no subs). He was on the side of the road for 20 minutes.

Something interesting I found is a news report on a quota-like system in the exact suburb he was pulled over in, Macquarie Fields. http://www.youtube.com/watch?v=LVLOgCkGGL8 That may or may not be part of the reason he wasn't given a warning, no defect notice was written and he was simply issued the fine. After thinking about it for a while, I'm pretty disappointed that this has happened. My brother is a young bloke in his teens, clean driving record and only drives the car to work and back. Now he's worried about taking the car to work in case the same copper spots him again. It's pretty ridiculous that police target P Platers so intensely, he was doing absolutely nothing wrong at the time, gets tailgated, pulled over for 20 minutes, his car damaged and an $88 ticket. He had a lot of sour words about police when I spoke to him as this was his first encounter with the law and it was very negative, being picked on for no reason. Traffic police wonder why so many young peope think so little of them, I guess incidents like this can really shape a young blokes opinion of them. Hopefully he has more positive encounters in the future.

As to what he is going to do about it, he is unsure. I advised him to perhaps let it go, it's only $88. But he's still fairly upset and wants to take it to court not only for the fact that he feels what happened was unfair, but also because he was tailgated so closely for over 3km that he couldn't even see the police car's headlights behind, I'm sure it's all on the dash cam too. I'll give him some time to cool off and see what happens.

[sk8xr8]

Whoa whoa whoa.... Your " P PLATER" brother drives an FG XR6 turbo?

Sorry. Edit: just noticed it's your turbo.. Lol

[xisled]

Do not bother reporting the cop, it will be more trouble than it is worth. You fight one cop you fight the whole force.

[ja50nh]

Well,

The RTA doesn't really make it clear on their site. I gave them a quick ring to check up on engine modification for p platers. I have extractors, hi-flow cat and 2 1/2" exhaust, they stated the modification restrictions were for that requiring a blue slip, so I asked if my mods were fine to have on the car, he replied yes.

Personally I think it should be a set amount of power, I could have an EL with quite a bit of work done and not catch a Ba/bf. Not to mention every Tom, dick and Harry nowadays have some form of exhaust.

You don't have much to loose if you take it higher, you have a fine and broken property, if you are 'flagged' then get them for harassment. It's a FG so it's still going to be clean as a diamond.

[ltd_on20s]

record it next time they stop you.

advise them you are recording it. and advise every time after you will record it too.

[lockieoc]

Rock and hard place with something like this.
You could argue the ticket in court which will cost a similar amount to the fine, or you could just pay the fine and not deal with the hassle of the courts and any future conflicts that may arise with the officer in question after he finds out you lodged a complaint.

I think i would fight under a matter of principle if i knew for sure i was 100% in the right. But if i felt as though i had it coming i would pay the fine and return the car to stock, after all is it relay worth hassle for such a small power gain?

[aussie muscle]

he was tailgated so closely for over 3km that he couldn't even see the police car's headlights behind

that's when it's time for a brake test.

[ltd_on20s]

Originally Posted by lockieoc

Rock and hard place with something like this.
You could argue the ticket in court which will cost a similar amount to the fine, or you could just pay the fine and not deal with the hassle of the courts and any future conflicts that may arise with the officer in question after he finds out you lodged a complaint.

I think i would fight under a matter of principle if i knew for sure i was 100% in the right. But if i felt as though i had it coming i would pay the fine and return the car to stock, after all is it relay worth hassle for such a small power gain?

IF its legal then yes.

based on principle.

[jcxr]

Originally Posted by aussie muscle

that's when it's time for a brake test.

BINGO. Tell them you got such a shock and shat yourself, that you braked heavily. They would need a lot of explaining back at the station.

[Tobey]

Originally Posted by ltd_on20s

i think your quite wrong on that.

Ok...

Its only been a year or 2 hasn't it.

It definately wasn't 7 years ago.

Not in Vic anyway.

It was before I got my P's that it came in in NSW. Much before Victoria, I got mine in Feb 2006. I also remember it was a July that it came in...

[2011G6E]

Originally Posted by graham_h

What above new FPV owners with a pod as standard ?

If it's factory, it's legal. More or less. As long as you don't put it on another car in the range which it didn't come out with. I found that out quite some years back with tinted headlight covers on a VC Commodore...the police weren't interested that HDT was putting them on the SS...the copper said "So is this an SS?"..."No"..."Then take them off..."

There's some things that are gray areas...when we had our Landcruiser we heard from owners of new Nissan Patrols that had been given infringement notices about the rear spare tyre mount possibly obscuring the licence plate from one side view, meaning cameras couldn't see the licence plate, which comes under "obscuring the licence plate" regulations. The spare wheel mount is a factory fitment, there's nowhere else it can be mounted, and every Patrol has the same fitment...but if you get the wrong copper on the wrong day, it's illegal...

I would imagine with the pod filter that it doesn't matter that a GT has it standard...the car he was driving isn't a GT, so didn't come out standard with that fitted.