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Legal Stuff, Regency, Modification, Defects Q's and FAQ - Hardtuned.net

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Legal Stuff, Regency, Modification, Defects Q's and FAQ 

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#1 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 04 May 2010 - 05:26 AM

THE LEGISLATION:


source: South Australia, Road Traffic Act 1961, Version: 1.2.2010 [1th of Feb 2010]
http://www.legislati.../1961.50.UN.PDF
print this off, keep it in your car, force a cop to point out what section he is using, so you can ensure your beig treated as the law allows.

defects are section 145
http://www.austlii.e...61111/s145.html

im going to post the whole thing, and highlight what i feel are the most important sections.


ROAD TRAFFIC ACT 1961 - SECT 145

145—Defect notices

(1) In this section—

"defect notice" means a notice issued under subsection (5);

"repairs" means repairs, replacements, reconditioning, additions, adjustments or work of any kind for remedying deficiencies or defects;

"safety risk" means a danger to persons, property or the environment;

"vehicle registration authority" means the Registrar of Motor Vehicles or the corresponding authority of another State or a Territory of the Commonwealth.

(1aa) For the purposes of this section, a vehicle has "deficiencies" if the vehicle is in a condition such that there would be a breach of a vehicle standards or maintenance requirement if the vehicle were driven on a road.

(1a) A police officer or an authorised officer may direct the driver of a vehicle to stop the vehicle and may examine the vehicle where the vehicle has deficiencies or the police officer or authorised officer suspects on reasonable grounds that the vehicle has deficiencies.

(1b) Despite subsection (1a), a police officer or an authorised officer may direct the driver of a vehicle of a prescribed class to stop the vehicle and may examine the vehicle for the purposes of determining whether the vehicle has deficiencies (whether or not there is reason to suspect that the vehicle has deficiencies).


(2) Where a police officer or an authorised officer suspects on reasonable grounds that any vehicle has deficiencies, the police officer or authorised officer may direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a specified time and place.

(2a) A police officer or an authorised officer may, at any time when any premises where vehicles are exhibited or kept for sale or hire are open for business, for the purposes of determining whether any vehicle exhibited or kept for sale or hire on those premises has deficiencies, examine the vehicle or direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a time and place stated by the police officer or authorised officer.

(3) A person must comply with a direction given under this section.

(4) A police officer or an authorised officer may for the purposes of examining a vehicle under this section—

(a) cause the vehicle to be examined by any other person; and

(B) drive or test, or cause any other person to drive or test, the vehicle.

(4a) If, on examination of a vehicle, a police officer or an authorised officer is of the opinion that the vehicle has deficiencies but that further use of the vehicle on roads would not give rise to a safety risk, the police officer or authorised officer may issue a formal written warning to the driver of the vehicle or, if the vehicle is unattended, cause a formal written warning to be affixed to the vehicle.

(4b) A driver of a vehicle who is given a formal written warning must cause the warning to be sent to the registered operator of the vehicle.

(4c) A formal written warning must—

(a) state the date of issue of the warning; and

(B) identify the police officer or authorised officer who issued the warning; and

© identify the vehicle to which the warning relates; and

(d) state details of the vehicle's deficiencies and the repairs that should be made to the vehicle to remedy those deficiencies; and

(e) state such other matters as may be prescribed.


(5) If, on examination of a vehicle, a police officer or an authorised officer is of the opinion that the vehicle has deficiencies and reasonably believes that further use of the vehicle on roads would give rise to a safety risk, the police officer or authorised officer may issue a written notice (a "defect notice") in relation to the vehicle, being—

(a) if the police officer or authorised officer reasonably believes that further use of the vehicle on roads after the time specified in the notice would give rise to an imminent and serious safety risk—a major vehicle defect notice; or

(B) in any other case—a minor vehicle defect notice.


(5a) A police officer or authorised officer who issues a defect notice in relation to a vehicle must—

(a) give the defect notice to the driver of the vehicle if the driver is present or, if the vehicle is unattended, cause the defect notice to be affixed to the vehicle; and

(B) cause a defective vehicle label to be affixed to the vehicle; and

© cause a copy of the defect notice to be sent to the Registrar of Motor Vehicles.

(5b) A driver of a vehicle who is given a defect notice must cause the defect notice to be sent to the registered operator of the vehicle.

(5c) A defect notice must—

(a) state the date of issue of the notice;
and

(B) identify the police officer or authorised officer who issued the notice; and

© identify the vehicle to which the notice relates; and

(d) state whether the defect notice is a major vehicle defect notice or a minor vehicle defect notice; and

(e) state details of the vehicle's deficiencies and the repairs that are required to be made to the vehicle to remedy those deficiencies; and

(f) specify the means by which the vehicle must be moved to the place at which the repairs required by the notice are to be made; and

(g) direct that the vehicle must not, except as provided in the defect notice, stand or be driven on a road, or be sold or otherwise disposed of, after the issue of the defect notice until—

(i) the vehicle has been produced at a place specified in the notice for examination; and

(ii) a certificate (a "clearance certificate") has been issued by a police officer, an authorised officer or a vehicle registration authority certifying that the repairs required by the notice have been made; and

(iii) a police officer, an authorised officer or a vehicle registration authority has caused the defective vehicle label affixed to the vehicle under subsection (5a) to be defaced or removed from the vehicle; and

(h) state such other matters as may be prescribed.

(5d) A police officer, an authorised officer or a vehicle registration authority may examine a vehicle for the purpose of determining whether the repairs required by a defect notice issued in relation to the vehicle (whether issued under this section or under provisions of a law of another State or a Territory of the Commonwealth that correspond to this section) have been made and whether the vehicle has any other deficiencies.

(5e) A defective vehicle label must—

(a) state the date of issue of the label; and

(B) identify the police officer or authorised officer who issued the label; and

© state the number allotted to the vehicle under section 46 of the Motor Vehicles Act 1959 ; and

(d) state the time and date after which the vehicle must not be used on roads; and

(e) specify the means by which the vehicle must be moved to the place at which the repairs required by the defect notice issued in relation to the vehicle are to be made; and

(f) state the serial number of the defect notice to which the label relates; and

(g) state such other matters as may be prescribed.

(5f) A person must not, without lawful authority, deface, alter or obscure a defective vehicle label or remove a defective vehicle label from a vehicle to which it is affixed.

(5g) A police officer or authorised officer—

(a) may at any time vary or withdraw a defect notice; and

(B) must cause notice of the withdrawal of a defect notice to be sent to the Registrar of Motor Vehicles and the registered operator of the vehicle in relation to which the defect notice was given.

(5h) A police officer or authorised officer who issues a clearance certificate must cause a copy of the certificate to be sent to the Registrar of Motor Vehicles.

(6) A person must not drive a vehicle, or cause or permit a vehicle to be driven or to stand, on a road, or sell or otherwise dispose of a vehicle, contrary to the terms of a defect notice.

(6a) It is a defence to a charge under subsection (6) of having sold or otherwise disposed of a vehicle contrary to the terms of a defect notice if the defendant satisfies the court that at the time of the sale or disposal he or she had reason to believe that the vehicle was not intended to be used on a road after the sale or disposal.

(7) The Registrar of Motor Vehicles must—

(a) record on the register of motor vehicles—

(i) details of any defect notice issued under this section; or

(ii) if a defect notice is issued under provisions of a law of another State or a Territory of the Commonwealth that correspond to this section in relation to a vehicle registered in this State—details of that defect notice;

(B) remove from the register details of any such notice if the Registrar is satisfied—

(i) that a clearance certificate has been issued in respect of the vehicle in relation to which the defect notice was issued; or

(ii) that the defect notice has been withdrawn.

(8) The Minister may, by notice in writing, authorise a person in accordance with the regulations to exercise any of the powers of an authorised officer under this section specified in the notice.

(9) An authorisation issued under subsection (8) may be subject to conditions and may be revoked at any time.

(10) The Minister may, for the purposes of this section, establish a code of practice to be observed by persons authorised under subsection (8).

(11) A person who contravenes a code of practice established under subsection (10) is guilty of an offence.

Maximum penalty: $5 000.

(12) The Commissioner of Police—

(a) must, on the request of the Minister; and

(B) may, at any other time,

provide the Minister with such information as may be relevant to the question of whether a particular person is a fit and proper person to be authorised under subsection (8).

(13) No liability attaches to a person authorised to exercise powers under this section for an honest act or omission in the performance or purported performance of functions under this section.

(14) A liability that would, but for subsection (13), attach to a person attaches instead to the Crown.

(15) Where a copy of a defect notice or clearance certificate is required to be sent to the Registrar of Motor Vehicles, the notice or certificate may be sent in electronic form.




ok, now in non legal terms:
A member of the Police or an inspector may examine a vehicle which they suspect on reasonable grounds to have deficiencies. Based on this, they dont have to "prove" its defectiable, but must have reasonable grounds. this is the key point that you can argue with the police. is it reasonable for a cop to suspect you of xyz, if the officer cant hear or see xyz? if not, point it out to the cop.

If on examination the vehicle is found to have deficiencies but to the extent that further use on roads would not cause safety risk then a formal written warning may be given. if its not a safety risk, you can avoid a defect and get away witha written warning. i believe from a mechanical perspective, bald tyres do pose a safety risk, but a bov (for example), isnt going to hurt anyone. hence should be a written warning. its not at the cops discression, its the law what he can and cant do.

The defect notice will say the amount of time that you may use the vehicle unrestricted (maximum of 72 hours). Once that time expires, you can only drive the vehicle on the road to and from the places of repair, inspection, or to your home. Going to the shops/parents/gf/pub/strip joint on the way is a no-no.


what is a defectable vehicle?:
The design of safe vehicles is addressed through the national Australian Design Rules (ADR), a set of minimum standards.
They comply with standard vehicle requirements including wheels and tyres, steering, brakes, seatbelts, lamps and reflectors, exhaust and emission controls, windscreens and wipers and vehicle body and chassis.

in general:

Electrical Systems
• all lights and turn signals in good working condition
• all wiring and connections in good condition
• horn, windscreen wipers and washers in good working condition.

Engine
• engine mounts secure and in good condition
• emission controls fitted and operating
• no excessive exhaust smoke or oil leaks
• heavy vehicle speed limiter set correctly, if required.
Please Note passenger cars manufactured on or after 1 January 1974 must be fitted with the original induction system, camshaft and associated emission contro systems. Non standard blow off valves, turbo timers, boost controls, turbos, engine
management systems or engine internals are not permitted, unless previously approved.


Seats & Seat Belts
• original equipment or approved seat belts fitted
• seat belts correctly secured
• no structural damage or modifications to seats
• seat belts not excessively worn, damaged or frayed
• buckles, retractors and seat adjusters working properly
• correct number of seat belts for seating positions
• all child restraints to be easily accessible, with no
modifications within 200mm of the anchorage.

Body & Chassis
• no cracks or rust in structural components
• no unsealed holes in firewall
• no sharp edges or projections
• all repairs done to an acceptable standard
• mudguards covering tyres.

Exhaust
• complete exhaust system mounted correctly
• no leaks or excessive noise
• outlet is to the rear of any body opening and not under the body.

Wheels & Tyres
• wheel studs and nuts in good condition, none broken or missing
• no buckled, bent or cracked rims
• tyres in good condition with sufficient tread depth
• tyres of correct size, type and load rating
• aftermarket wheels marked with offset, width, manufacturer’s
• wheel track within specified limits identification and standard of manufacture
Please note - for passenger cars manufactured on or after 1 January 1973, the tyres fitted must be within 15mm of the overall diameters) and the wheel rims must be within 50mm of the diameter listed on the tyre placard.

• The fitting of rims with a different diameter to those listed on the vehicle's tyre placard is acceptable, provided that the overall diameter of the alternative rim/tyre combination is not greater than 15mm over the largest combination or 15mm
smaller than the smallest combination specified on the vehicles tyre placard.


Suspension & Steering
• no excessive wear or free play
• no component to be bent, broken, cracked, heated or welded
• sufficient ground clearance and suspension travel to meet legal requirements
• all attachment points in good condition and secure
• steering wheel in good condition and either original equipment or an acceptable standard for road use
• suspension and steering to move freely with no binding or jamming.

Brakes
• hoses and pipes in good condition with no sign of leaks, chafing, cracks or other signs of deterioration
• brakes to operate evenly
• all braking components (hoses/calipers/discs/pedal) to be acceptable standard for road use
• cables in good condition, with no joins, broken strands, kinks or corrosion
• cables, hoses and pipes correctly secured
• pedal not to have spongy feel, excessive travel, or require excessive force
to operate
• all other components in good condition, not leaking, securely mounted and correctly adjusted.
Please note - The operation of brakes (including the handbrake) will be tested.

General
• windscreen not to be excessively cracked, chipped or scratched
• all glass to be safety glass and have the appropriate Standards markings
• film tint, if fitted, to comply with The Road Traffic Act Vehicle Standards Rules 1999 rule 44
• no fuel leaks
• all door and bonnet latches to work correctly
• speakers to be securely mounted
• additional switches and gauges not mounted in a position likely to increase injury in a crash.


if you need to nail down the ADR, heres the link
http://www.infrastru...adr_online.aspx

exhust: http://www.comlaw.go...FRLI+Mar+06.pdf
for a car, 90dB <<<<<<<<<<<<dont let a cop tell you its anything else.

3.1.2 The measurements shall be made at an open site where the ambient and wind noise levels
are at least 10 dB(A) below the noise level being measured. The site may take the form of
an open space where a rectangle with sides no closer than 3 m from the extremities of the
vehicle can be described. The test site surface should be practically level, consisting of
concrete, asphalt or similar material and not covered with powdery snow, tall grass, loose
soil, ashes or the like.

3.1.3 Measurements shall not be made under adverse weather conditions. Any sound peak
which appears to be unrelated to the characteristics of the general sound level of the
vehicle shall be ignored in taking the readings.


3.2.3 The height of the microphone above the test site surface shall be equal to that of the orifice
of the exhaust outlet + 25 mm but shall not be less than 200 mm above the test site
surface.

3.2.4 The distance of the microphone from the orifice of the exhaust outlet shall be:
3.2.4.2 in the case of any other vehicle 525 mm +25 mm.


3.2.5.1 In selecting this microphone position the microphone shall be placed so that the
greatest possible distance is achieved between it and the vehicle.


3.3.3 In the case of all other vehicles the engine shall be operated in accordance with the
following procedure.
3.3.3.1 The engine shall be brought to 3/4 ‘ESMP’ and stabilised at that speed.
3.3.3.2 A single noise level measurement shall then be made.




a few other points to note
• its not illegal for you to know the law, your rights, and police powers. ignorance of the law is no excuse. and a cop will burry if you take the ignorant approach.
• ask to see the officers badge and feel free to take down their details, and get their duty sgt's details. officers must be accountable for their actions, and you can only do that if you can identity the officer.
• if you think the officer is being unfair, let them know
• request mediation with the officers duty sgt if you feel the officer is over zelious, pushing the boundries of the law, rude, threatening or intimidating.
• cops are trained to take control of the situation and be the ones to direct the conversation. dont let them push you around. question the actions. an officer saying "cause i said so" wont hold up in court. demand to see proof on the spot. question everything,
• within the 1st 20seconds of a cop talking to you, he will ask a question that will determin if your an asshole or not. do not fall for this basic trick.
• dont make a bad situation worse.

well thats about all i can think of that is revelant. thanks for reading


====================
Track and Suspension Specification

Attached Image: rideandeyebrow.gif

http://www.transport...rack_suspen.pdf



===>Full Regency Listing of Vehicles up till 2004 <====



Transport SA Ride Height and Lowering Infomration

S14
Max allowable wheel track, F-1506mm, R-1496mm
Vehicle eyebrow height, F-366mm, 329mm

S15
Max allowable wheel track, F-1496mm, R-1486mm
Vehicle eyebrow height, F-333mm, 330mm

-----------------------------------------------

Vehicle Inspection & Defects Clearance (8am-4.30pm)
1300 882 247

Vehicle Standards/Modifications/Engineering
1300 882 248

SA Engineers
http://www.transport...d_engineers.pdf


-----------------------------------------------


FAQ REGARDING MODIFICATION (to be added over time)





Q: Are intercooler legal?

A: Yes, so long you dont cut your reo bar (the bar that runs across the car behind the front bumper). Cutting your a hole in the battery tray is ok and it has been known for cars to go through inspection (regency) with it. Furthermore, going through regency with an aftermarket intercooler is fine.

Q: Can you get defected on private property?

A: Yes, however, you can ask Police to leave your private property, and they must make a reasonable attempt to do so. This will take priority over defecting your vehicle. <- And has been tried in the High Court.
However, practically, if they refuse to leave, and defect your car anyway, theres not much youll be able to do about it, without going to court yourself.

Q: I just brought a super dooper car from interstate. Has is "Tasteful" mods such as a Front-mount Intercooler, Blitz pod air filter, Apexi exhaust, Turbosmart Boost controller, Turbo timer. 18inch rims, Pioneer CD/MP3 headunit that's hooked up to the TACHO, and with nice blue interior neons". What will i have to do.

A: ( in short...get the thing back to stock)
- Front-mount intercooler should be fine provided that nothing structural has been modified to get it to fit
- Apexi exhaust will have to be 90 decibels or below
- Turbosmart Boost controller will have to go
- Turbo timer including it's wiring will have to go
- You may need an enclosed box for your pod but having said that, my car has been cleared with a pod filter before
- Get rid of the neons. Can't have front ones, unless they're are white. Or just get rid of them completely. Neons are so 5 years ago.
- bodykits (front bar sideskirt and rear bar) should be fine provided that it is no lower than 100 or 110mm from the ground (can't remember which one)


Give the Department for Transport and infrastructure a call as they are the best people to answer your queries.

http://www.sa.gov.au...thy+inspections

#2 bradsta

  • Joined:09-November 09
  • Location:Australia SA
  • Car:180sx

Posted 09 May 2010 - 10:39 PM

View PostEevo, on 04 May 2010 - 05:26 AM, said:


Seats & Seat Belts
original equipment or approved seat belts fitted
seat belts correctly secured
no structural damage or modifications to seats
seat belts not excessively worn, damaged or frayed
buckles, retractors and seat adjusters working properly
correct number of seat belts for seating positions
all child restraints to be easily accessible, with no
modifications within 200mm of the anchorage.


So reclinable bucket seats are detectable? Posted Image

#3 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 09 May 2010 - 10:48 PM

View Postbradsta, on 09 May 2010 - 10:39 PM, said:

So reclinable bucket seats are detectable? Posted Image
if it's not ADR approved, yes.

#4 aidaniel

  • Joined:11-December 08
  • Location:Australia SA
  • Car:datsun 1200 ute

Posted 10 May 2010 - 06:42 PM

the mounts need to be engineered ... so just having ADR approved seats doesnt mean they are legal but it helps for police that dont know the fine details

#5 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 10 May 2010 - 07:02 PM

View Postaidaniel, on 10 May 2010 - 06:42 PM, said:

the mounts need to be engineered ... so just having ADR approved seats doesnt mean they are legal but it helps for police that dont know the fine details
if the mounts need to be engineered. my seat uses the same mounts, so legal chair + standands mounts = good/

#6 Pablo Rodriguez

  • Joined:10-March 07
  • Location:Australia SA
  • Car:i own 6 cars. and a bus.

Posted 11 May 2010 - 03:05 PM

it's not actually the mounts that need to be engineered. it's all to do with the headrest, according to the inspectors down at Regency.

i took my car through with fixed back Velo's, and all i had to supply was an ADR compliance sheet from Velo. they weren't interested in my home-made mounts at all. :S

#7 bradsta

  • Joined:09-November 09
  • Location:Australia SA
  • Car:180sx

Posted 11 May 2010 - 03:11 PM

View PostPablo Rodriguez, on 11 May 2010 - 03:05 PM, said:

it's not actually the mounts that need to be engineered. it's all to do with the headrest, according to the inspectors down at Regency.

i took my car through with fixed back Velo's, and all i had to supply was an ADR compliance sheet from Velo. they weren't interested in my home-made mounts at all. :S

So you just homefitted fixed back Velos? Was your car a two door, if so, was it just registered as a 2 seater?

#8 Pablo Rodriguez

  • Joined:10-March 07
  • Location:Australia SA
  • Car:i own 6 cars. and a bus.

Posted 11 May 2010 - 03:19 PM

View Postbradsta, on 11 May 2010 - 03:11 PM, said:

View PostPablo Rodriguez, on 11 May 2010 - 03:05 PM, said:

it's not actually the mounts that need to be engineered. it's all to do with the headrest, according to the inspectors down at Regency.

i took my car through with fixed back Velo's, and all i had to supply was an ADR compliance sheet from Velo. they weren't interested in my home-made mounts at all. :S

So you just homefitted fixed back Velos? Was your car a two door, if so, was it just registered as a 2 seater?
yeh, ae86 trueno. i removed the back seat, filled up the holes for the original seatbelts and seats with silicone, painted over them, and off i went. all pretty easy really. saved me from having to do child seat anchor points, etc.

#9 QualityKitsAustralia

  • Joined:29-March 10
  • Location:Australia SA
  • Car:silvia

Posted 07 June 2010 - 06:09 PM

so when i got a major defect for no tyre plackard sticker... that was bullshit??? <_<

very helpfull mate good to know

#10 DamageInc

  • Joined:20-June 08
  • Location:Australia SA
  • Car:PS13

Posted 09 July 2010 - 07:20 PM

ive got a question

im a bit confused on this....

i got defected last week for tyres which is a cop shop , or so i thought and i also got done for a modified steering wheel horn not working??? was just a relay which i fixed that night

but its ticked as vehicle inspection??

wtf :/



#11 sik chic

  • Joined:10-July 10
  • Location:Australia SA
  • Car:R34

Posted 10 July 2010 - 09:13 PM

View PostDamageInc, on 09 July 2010 - 07:20 PM, said:

ive got a question

im a bit confused on this....

i got defected last week for tyres which is a cop shop , or so i thought and i also got done for a modified steering wheel horn not working??? was just a relay which i fixed that night

but its ticked as vehicle inspection??

wtf :/




what'd they write on the notice? if vehicle inspection is ticked sounds like ur off to regency!

#12 32_4door

  • Joined:04-June 05
  • Location:Australia SA

Posted 13 July 2010 - 11:32 AM

View PostDamageInc, on 09 July 2010 - 07:20 PM, said:

ive got a question

im a bit confused on this....

i got defected last week for tyres which is a cop shop , or so i thought and i also got done for a modified steering wheel horn not working??? was just a relay which i fixed that night

but its ticked as vehicle inspection??

wtf :/

What else was done to your car?????

If there are any other modifications done to your car they will tick Regency Vehicle Inspection.

If your car was low or had aftermarket wheels they will tick Vehicle Inspection.

You do the mods be prepaired to cop the abuse.

Anything not standard or without proper ADR Approval will not be allowed on a road registered vehicle.

Some police don't know certain things about imports. But alot are now fully aware of what came out standard and what is aftermarket.

If your tyres are bald and the police officer can see your vehicle has other things done to it they will just do a Vehicle Inspection instead of Police Station. Saving the police officer at the station the trouble of having to do more paper work.

#13 dunn

  • Joined:20-February 08
  • Location:Australia SA
  • Car:32 4door s2 RB25

Posted 25 July 2010 - 07:35 PM

View PostDamageInc, on 12 July 2010 - 05:56 PM, said:

View Postsik chic, on 11 July 2010 - 08:38 PM, said:

sounds like a waste of regencys time!! pffft...

not to mention $148 of my money that doesn't need to be spent when they cannot train they're officers properly

fix the defect and take it to the copshop and argue the point with them, pretty sure you need atleast 3minor defects to send you over the pits. had a mate in the same situation, he had it sorted at the cop shop.


also had a quick scan through the info, but didnt see anything on privacy, i've been told that cops cannot search your glovebox or centre console without a warrant, as its a privacy issue. anyone know anything about this?? i've had a cop tear through my interior looking for a turbo timer/boost controller and i wasnt a big fan of it.

#14 stockca

  • Joined:30-May 05
  • Location:Australia SA
  • Car:ADM S15

Posted 25 July 2010 - 11:01 PM

interesting read...

To the OP, your statement-

Quote

i believe from a mechanical perspective, bald tyres do pose a safety risk, but a bov (for example), isnt going to hurt anyone. hence should be a written warning. its not at the cops discression, its the law what he can and cant do.

Is quashed by-

Quote

"safety risk" means a danger to persons, property or the environment

A BOV venting to atmosphere, passing potentially unfiltered gases into the air would constitute an environmental safety risk....hence why people get done for them. Sorry to ruin the party.

Im still printing a copy and keeping it in my car, majority of the beat cops out there do not want to end up court arguing why they did what they did when the decision they made was a little grey...

#15 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 25 July 2010 - 11:31 PM

View Poststockca, on 25 July 2010 - 11:01 PM, said:

interesting read...

To the OP, your statement-

Quote

i believe from a mechanical perspective, bald tyres do pose a safety risk, but a bov (for example), isnt going to hurt anyone. hence should be a written warning. its not at the cops discression, its the law what he can and cant do.

Is quashed by-

Quote

"safety risk" means a danger to persons, property or the environment

A BOV venting to atmosphere, passing potentially unfiltered gases into the air would constitute an environmental safety risk....hence why people get done for them. Sorry to ruin the party.

Im still printing a copy and keeping it in my car, majority of the beat cops out there do not want to end up court arguing why they did what they did when the decision they made was a little grey...
yes i do realise, just dont tell the cop that cause he might not know.

and its not unfiltered gas. it hasnt passed the TB yet. the BOV can only "engage" when the butterfly is closed. so its only compressed air. someone with more mechanical know how should be able to explain it better

#16 The Beast

  • Joined:26-July 10
  • Location:Australia SA

Posted 26 July 2010 - 02:20 AM

 Thanks for the info. Had plain clothes follow me home last night. Found them blocking my driveway and walking in. They said they saw m driving home and noticed the car was too low or looked too low. Anyway, in their eyes was too low. Also got done for tint being too dark. Can only get it off by taking it for inspection at regency. 

Edited by The Beast, 26 July 2010 - 02:32 AM.


#17 WallieTX3

  • Joined:26-July 10
  • Location:Australia SA
  • Car:Laser

Posted 26 July 2010 - 04:29 PM

i have heard you can get a BOV engineered by sameplaces that engineer turbo mods anyone knowany info about this or just a bunch of hot air?

#18 dunn

  • Joined:20-February 08
  • Location:Australia SA
  • Car:32 4door s2 RB25

Posted 26 July 2010 - 04:36 PM

just plumb them back and they're legal.

#19 Guest_078

  • Joined:23-July 04
  • Location:Australia SA

Posted 03 August 2010 - 09:46 AM

View Postdunn, on 25 July 2010 - 07:35 PM, said:

also had a quick scan through the info, but didnt see anything on privacy, i've been told that cops cannot search your glovebox or centre console without a warrant, as its a privacy issue. anyone know anything about this?? i've had a cop tear through my interior looking for a turbo timer/boost controller and i wasnt a big fan of it.

Not in Australia...

Sounds like who ever told you that has been listening to too much Jay-Z

#20 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 10 August 2010 - 04:34 AM

View Post-R6-, on 03 August 2010 - 09:46 AM, said:

View Postdunn, on 25 July 2010 - 07:35 PM, said:

also had a quick scan through the info, but didnt see anything on privacy, i've been told that cops cannot search your glovebox or centre console without a warrant, as its a privacy issue. anyone know anything about this?? i've had a cop tear through my interior looking for a turbo timer/boost controller and i wasnt a big fan of it.

Not in Australia...

Sounds like who ever told you that has been listening to too much Jay-Z
there might be some truth to what he is saying.
if it has a lock on it, then its deamed to be private or something.

#21 Guest_078

  • Joined:23-July 04
  • Location:Australia SA

Posted 10 August 2010 - 04:58 PM

View PostEevo, on 10 August 2010 - 04:34 AM, said:

View Post-R6-, on 03 August 2010 - 09:46 AM, said:

View Postdunn, on 25 July 2010 - 07:35 PM, said:

also had a quick scan through the info, but didnt see anything on privacy, i've been told that cops cannot search your glovebox or centre console without a warrant, as its a privacy issue. anyone know anything about this?? i've had a cop tear through my interior looking for a turbo timer/boost controller and i wasnt a big fan of it.

Not in Australia...

Sounds like who ever told you that has been listening to too much Jay-Z
there might be some truth to what he is saying.
if it has a lock on it, then its deamed to be private or something.

Not in this state, in this country, so long as the search is justified, then they can search anywhere in the car including glove box, boot etc. This doesn't so much relate to defects, more so for conducting a search under legislative acts.

#22 32_4door

  • Joined:04-June 05
  • Location:Australia SA

Posted 11 August 2010 - 11:23 AM

Boys and Girls. ^^^^^^^^^^^^^^ This guy knows what he is talking about. Read and take in what he says.

That is all.

#23 sr180

  • Joined:05-January 03
  • Location:Australia ACT
  • Car:Nissan 1996 180sx.

Posted 11 August 2010 - 12:22 PM

View PostEevo, on 25 July 2010 - 11:31 PM, said:

View Poststockca, on 25 July 2010 - 11:01 PM, said:

interesting read...

To the OP, your statement-

Quote

i believe from a mechanical perspective, bald tyres do pose a safety risk, but a bov (for example), isnt going to hurt anyone. hence should be a written warning. its not at the cops discression, its the law what he can and cant do.

Is quashed by-

Quote

"safety risk" means a danger to persons, property or the environment

A BOV venting to atmosphere, passing potentially unfiltered gases into the air would constitute an environmental safety risk....hence why people get done for them. Sorry to ruin the party.

Im still printing a copy and keeping it in my car, majority of the beat cops out there do not want to end up court arguing why they did what they did when the decision they made was a little grey...
yes i do realise, just dont tell the cop that cause he might not know.

and its not unfiltered gas. it hasnt passed the TB yet. the BOV can only "engage" when the butterfly is closed. so its only compressed air. someone with more mechanical know how should be able to explain it better

Almost all wrong. When air passes through your AFM, its measured, and the correct amount of fuel is added to the engine. It the BOV is activated, some of this air is dumped, but the same amount of fuel goes in, and your engine runs extremely rich. This now means that your engine no longer meets the ADR's that it was complied to, as its emissions will be shot to hell. Further to this, your PCV feeds oily gasses from your sump into your intake to be burnt. Your BOV will dump this gas as well.

Its been law since the 70's that you are not allowed to mess with emissions control systems - and adding a BOV is definitely messing with it.

#24 sr180

  • Joined:05-January 03
  • Location:Australia ACT
  • Car:Nissan 1996 180sx.

Posted 11 August 2010 - 12:23 PM

View PostWallieTX3, on 26 July 2010 - 04:29 PM, said:

i have heard you can get a BOV engineered by sameplaces that engineer turbo mods anyone knowany info about this or just a bunch of hot air?

Because of the PCV emissions being dumped, its unrealistic that an ATMO bov would ever pass.

#25 troy310589

  • Joined:06-August 06
  • Location:Australia SA
  • Car:1997 180sx type x

Posted 21 August 2010 - 09:11 PM

hi guys, just wandering something here, i see that an atmo BOV is illegal, a plumb-back is legal (if it is a bov that cannot be converted to atmo without use of tools etc)

but is flutter legal?

dont want to hear all the comments that flutter damages turbo etc just want to know if it is legal of not.

#26 JDM EVO

  • Joined:21-November 07
  • Location:Australia SA
  • Car:Evolution VI GSR

Posted 21 August 2010 - 09:28 PM

Flutter is not illegal.

#27 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 22 August 2010 - 02:33 AM

View PostEVO POWER, on 21 August 2010 - 09:28 PM, said:

Flutter is not illegal.
but a cop will still defect you for it

#28 mouth

  • Joined:04-April 07
  • Location:Australia SA

Posted 22 August 2010 - 08:42 AM

View Postdunn, on 25 July 2010 - 07:35 PM, said:

View PostDamageInc, on 12 July 2010 - 05:56 PM, said:

View Postsik chic, on 11 July 2010 - 08:38 PM, said:

sounds like a waste of regencys time!! pffft...

not to mention $148 of my money that doesn't need to be spent when they cannot train they're officers properly

fix the defect and take it to the copshop and argue the point with them, pretty sure you need atleast 3minor defects to send you over the pits. had a mate in the same situation, he had it sorted at the cop shop.


also had a quick scan through the info, but didnt see anything on privacy, i've been told that cops cannot search your glovebox or centre console without a warrant, as its a privacy issue. anyone know anything about this?? i've had a cop tear through my interior looking for a turbo timer/boost controller and i wasnt a big fan of it.


Its up to the policemans discretion if hew wants to send you to regency, 3x defects means nothing, you can be sent to regency for one or even on suspicion of a defect.

#29 deranger

  • Joined:18-September 09
  • Location:Australia SA
  • Car:JDM S15 Spec-R

Posted 28 August 2010 - 01:38 AM

I assume it's okay to post in this thread yeah?

I've only been pulled over once in 12 months in my N/A S13 due to my 'loud' exhaust (was 98db actually) and the dude said it was 'right on the limit' and I got off without having to take it anywhere because I was a nice well behaved young dude and not some fearsome pimple faced road warrior.

I am importing an S15 and have all these 'bold plans' for it so I'm going to start modding it to reach specific performance levels over the course of a couple of years but am sifting through on these forums as to what's going to get me into trouble and what I'll be able to get by with.

Obviously the biggest issue for me is boost. I am uncertain still whether to 'risk' an EBC or whether just set higher boost and keep it after the tune. The idea of lowering and maximising boost on the fly sounds pretty cool but really is 'cool' all that important other than maximum wank factor?

I am an enthusiast not a wanker and dont want to be treated like an idiot if I get pulled over.

The question for me is whether the Cop who pulls me over (who will be attracted to the Cannon on the back, no doubt, or just bored) will know what to look for on the turbo as far as gadgetry goes and inside the car what special piece of electronic equipment is a big no-no. I mean, these JDM S15's come with some fancy looking TV's etc, it wont be that hard to hide gadgets.

The police either 'play' the ignorance level and try to test you while he's there going over the engine bay with a fine tooth comb or they reaaaaally have no idea what they're looking at. I am yet to work out if they actually have knowledge and want to trap you into spilling the beans or want to see if you're a complete dumb f**k on your own behalf. Or perhaps it comes down to the individual cop and it's unfair of me to label them as one solid grey mass. One dude may know his cars and mods, while the other has no idea...

The implications of having to remove an EBC? Does it mean my car needs to be tuned again on standard boost right away costing mega $ ? I have no idea, that's why I am here, as I'm certain someone else has been through this before.

With all this being said, I am importing this car as it's my only chance to have an expensive toy to tinker with and plan on doing everything 100% solid, nothing dodgy, no backyard work, the car will be prime, however, I will be lumped into the same bag as someone who wants a fast car and uses cheap shit components and attracts police and also destroys the whole scene by driving like an idiot.

I hope it's cool to discuss this here, if anyone's interested then step up and talk to me. I'm at work and haven't got much else to do tonight hehe

#30 Zenki Monkey

  • Joined:23-March 06
  • Location:Australia NSW

Posted 28 August 2010 - 02:28 AM

So.. Manual boost t's under the bonnet are legal?





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