PDA

View Full Version : Failed to display WOF/Rego in prescribed manner



just1jones
21st March 2010, 14:08
Yo

I received two tickets in the mail today. The two offences were:

Failed to display licence in prescribed manner (Used a motor vehicle on which the appropriate licence was not displayed in the current manner) - Rego
No current evidence of inspection - private vehicle. (Operated a vehicle without displaying current evidence of vehicle inspection) - WOF


The tickets are dated a minute apart so clearly the guy thought he'd ping me twice. The funny thing is that one of the offences was for not displaying licence in the correct manner, which indicates he saw the licence (just that it was not easy enough to see). So if he saw the licence, he would've seen the wof (right next to it) but the second offence says "no current evidence..", so clearly there would have been evidence.

My wof and rego are both current (several months remaining on both). They were secured to the back of my licence plate, the ends of both slightly stuck out the bottom of the plate.
I only bought this bike of a dealer 3 months ago and this is where they secured them.

Anyone else had this issue? What's the best thing I can say in my dispute letter?

I thought it was commonplace to store rego's and wof's behind the licence plate? I've seen a tonne of bikes storing their regos and wofs there...

jaykay
21st March 2010, 15:39
Depends on how much time and effort you want the council to expend (assuming it is the council).

Here is what I would do.

1. Wait for the Reminder Notice
2. Check Reminder Notice complies with the law, it probably won't. By the time you need to reply to this I should have had a High Court case to clarify it.
3. Reply to Reminder Notice either:
a) Until your purported Reminder Notice complies with the Summary Proceedings Act and Land Transport Act; A Hearing is requested
or b)As the vehicle concerned was correctly displaying the licence/WOF on the date of the alleged offence a hearing is requested.
4 Make sure the replies get to the council just before the due date.

Be prepared that you may have to go to court where you will win, at which point you ask for costs, but you won't get any. Then appeal to the High Court about costs where you could get awarded a small amount - which will cost the council a couple of thousand dollars to defend.

Make sure in any letters to the council you "request a hearing", it stops them slapping paperwork into court and turning it into a fine - and make sure you reply before the due date. I deliver all mine personally to make sure the council don't "misplace" it.

IdunBrokdItAgin
21st March 2010, 17:05
Yo

I received two tickets in the mail today. The two offences were:

Failed to display licence in prescribed manner (Used a motor vehicle on which the appropriate licence was not displayed in the current manner) - Rego
No current evidence of inspection - private vehicle. (Operated a vehicle without displaying current evidence of vehicle inspection) - WOF


The tickets are dated a minute apart so clearly the guy thought he'd ping me twice. The funny thing is that one of the offences was for not displaying licence in the correct manner, which indicates he saw the licence (just that it was not easy enough to see). So if he saw the licence, he would've seen the wof (right next to it) but the second offence says "no current evidence..", so clearly there would have been evidence.

My wof and rego are both current (several months remaining on both). They were secured to the back of my licence plate, the ends of both slightly stuck out the bottom of the plate.
I only bought this bike of a dealer 3 months ago and this is where they secured them.

Anyone else had this issue? What's the best thing I can say in my dispute letter?

I thought it was commonplace to store rego's and wof's behind the licence plate? I've seen a tonne of bikes storing their regos and wofs there...

WCC/ Parkwise tried the same crap with me once.

It was just parkwise trying to fill their quota.

I wrote a letter and handed it in at the parking infringements place (the place where you are asked to pay the ticket). Simply stated that my vehicke had all due fees paid and inspections for safety completed to be on the road and therefore I would not be paying the ticket. I also attached a printed (free) version of carjam which showed the rego as being active.

The woman behind the desk seemed to be used to these. And simply said that if WWC confirmed the rego was active etc when the tickets were issued then they would be dropped.

I also asked her to inform parkwise that they need to check behind the license plate to see details (dumb bastards).

In simple terms the cops wouldn't give you a ticket for placing it behind the license plate then why can the council.

BTW, ou can get a metal rego holder which attaches to the bottom of the license plate (so can alwasy be seen). My new bike has this and haven'rt had any tickets on it. Try the post shop.

So, just write the letter to contest the tickets, attach the carjam report and simply await a letter back informing you that the tickets have been cancelled.

BiK3RChiK
21st March 2010, 17:28
LOL My WOF was put under the pillion seat by the bike shop! Wonder how they would have got on with that? What a rort!...Pffft

kwaka_crasher
21st March 2010, 18:09
There is no prescribed position on a bike for either the WoF or license label but it must be visible.

rustic101
21st March 2010, 18:23
The legal definition is:

"The WoF label must be attached to the motorcycle where it is clearly visible." - NZTA

The question like many laws is 'What is clearly visible' and 'from where'.

What to do with your licence label - NZTA

When you pay the licensing fee, you get a label that shows the date your licence expires. You must display this label on the left-hand side of your motor vehicle's windscreen, or near your number plate (for trailers or motorcycles).

Again 'near your number plate'...

Screw them and challenge them in court...

dogsnbikes
21st March 2010, 19:10
Both my rego and wof are on the inside of the cockpit faring and have never had any issue's with the testing stations or the police with it being there...............

Although your in AKLD it was raise in WGTN that parking wardens are to only give tickets for not paying of parking fee's and can not issue tickets for unlicence vehicals

but good luck in your quest in telling them to shove it up their arse

Swoop
22nd March 2010, 07:29
The main problem is the fat cun*s that waddle around with a ticket book and do not have the ability to bend at the waist to check for WOF/rego location.
TIP: When you go to the council to present the evidence that you DO indeed have a current WOF/rego, present them with an invoice for the time you spent getting this together and then going to the council, queueing up, etc. That should get a few confused looks on their faces.

FJRider
22nd March 2010, 07:37
If you dont want any more hassles from parking hitlers ... move the rego and WOF stickers to somewhere they CAN be seen (at the rear of the bike). OR .... move yourself to where there are NO parking hitlers ...

Squiggles
22nd March 2010, 07:54
blablabla

I've pm'd you with my email address (dont think you can reply tho), have a contact with the city council who sorts these out... you'll need to take a couple of snaps of where they're mounted and email them to her.

russd7
22nd March 2010, 10:46
my rego is visible but the warrant is under a side cover (i guess I'm still remembering the days when they used to get swiped off ya bike if you had them visible). been pulled up plenty by cops and shown it to them and they don't seem to be to worried as long as the bike has one.

sinfull
22nd March 2010, 10:57
If you dont want any more hassles from parking hitlers ... move the rego and WOF stickers to somewhere they CAN be seen (at the rear of the bike). OR .... move yourself to where there are NO parking hitlers ...
Some double sided tape and stick the fuckers to the front of the plate, covering the last two numbers !

bogan
22nd March 2010, 10:58
I wouldn't wait for any reminder, get back to them asap, argue that behind the numberplate is one of the more common places for a wof/rego to be located, and is clearly visible if you look there, parking warden should know to look there, suggest an update in there policies and training to account for this as it sounds like its a common issue.

Flip
22nd March 2010, 11:21
Just tell them that they were "clearly on display" and attach a picture of the back of the plate. You might tell them that this is a common place to find them and that their parking wardens need more training.

Skyryder
3rd April 2010, 09:47
Just tell them that they were "clearly on display" and attach a picture of the back of the plate. You might tell them that this is a common place to find them and that their parking wardens need more training.

Sounds sensible to me. My WOF is atached to the back of the plate to prevent the sticker from being stolen. It is clearly visible and not difficult to read.


Skyryder

blossomsowner
3rd April 2010, 10:06
both my wof and reg are in the holder things on the back of the number plate. Hard to pull out and read and a real bitch to change.
but then i don't want my rego easy to read due to it being on hold indefinitely.

i love going back in and putting it on hold again. Tried to register without paying the acc levy part last time..............lets just say it was unsuccessful and it went back on hold.

Blackflagged
3rd April 2010, 13:44
I purchased an ex police bike once. And to my surprise the wof was under the seat! Took a photo of it , at the time, as i had heard or people being ticked for this.I case i got a ticket. But it`s lost in my hard drive somewhere.

Tony F
6th April 2010, 21:28
My rego and warrant are both stuck to the back of the number plate.

A member of the constabulary recently asked me where they were. I told him, and he inspected them but had no comment on the location even though he had to kneel down to see them.

T.

scumdog
6th April 2010, 21:32
both my wof and reg are in the holder things on the back of the number plate. Hard to pull out and read and a real bitch to change.
but then i don't want my rego easy to read due to it being on hold indefinitely.

i love going back in and putting it on hold again. Tried to register without paying the acc levy part last time..............lets just say it was unsuccessful and it went back on hold.

By not having your rego easy to read won't save you from a cop that runs your number through the system..

just1jones
23rd February 2011, 11:06
So, over the course of several months I ended up getting 5 tickets (2 wof, 3 reg). I got off the reg ones, but couldn't get off the WOF ones because...

Turns out, CYCLESPOT on the north shore sold me the bike without a current WOF. The sticker showed exp of 09/10 but in fact expired 09/09 which was 2 months before I purchased the mbike. In trying to explain this to the council, they stated that even though I was deceived by the WOF label showing incorrect exp date, this was not a valid excuse. Thanks ACC for your lack of common sense.

So, I had to request a court hearing to battle for my innocence, that was several months ago and I have since not heard back from them.

I have discovered that the people at NZTA are exceptionally helpful in providing record of registration history.. info@nzta.govt.nz I think is the email address, they generally responded with 1-2 working days.

I also found that the Auck Council replies via snail mail, which is very annoying. They did once respond via email with attached PDF, why don't they do this all the time ><. Saves time, trees and money.

I have since moved my labels to a more visible area in order to save myself in the future from blind/lazy wardens.

firefighter
23rd February 2011, 11:15
Turns out, CYCLESPOT on the north shore sold me the bike without a current WOF. The sticker showed exp of 09/10 but in fact expired 09/09 which was 2 months before I purchased the mbike. In trying to explain this to the council, they stated that even though I was deceived by the WOF label showing incorrect exp date, this was not a valid excuse.

Actually, I imagine that would be a very valid excuse, and you should appeal the shit out of it. It is your responsibility to make sure it is registered and warranted, however I doubt it's your responsibility to question whether they are competent and have filled out the correct expiry date. That is not your job.

I'd not accept a ticket for another parties mistake personally.

scumdog
23rd February 2011, 11:20
I've pm'd you with my email address (dont think you can reply tho), have a contact with the city council who sorts these out... you'll need to take a couple of snaps of where they're mounted and email them to her.

Wot 'e sed.


It helps if you can say (a) I've parked frequently in the same (or near to) area for X amount of years with the same bike and the reg&WOF in that position and (b) never been issued a ticket before for that offence.

Gremlin
23rd February 2011, 11:30
Remember that having current wof/rego is a separate offence to failing to display the items. For motorcycles, the rego/wof is supposed to be displayed as close to the rear plate as practicable. The rear of the plate is a very normal place to position rego/wof.

I had a blind officer ticket me outside the Manukau District Court. With them bolted to the back of my plate, he/she had to notice when noting my registration. I rang them up, told them the situation, they told me to put it in writing. I refused, telling them their incompetence was wasting my time, because it was a company vehicle my boss was also furious.

I emailed them a couple of photos, called them incompetent, and their incompetence was wasting people's time and money. Got an email back saying ticket was waived. Boss received a letter saying it was waived, but never an apology.

kinger
3rd March 2011, 17:28
..... The rear of the plate is a very normal place to position rego/wof....

Just checking, but do you mean facing rearwards, or on what may be thought of as the underseat the side of the plate? if the latter, doesn't seem overly practical, what with crap from the road being chucked up in there. Photo by any chance? Mine're on my passenger's pegs.

Gremlin
3rd March 2011, 17:56
No pics handy, just bolted to the back of the plate, with the end of it hanging beneath the plate.

Not my problem re crud. They want to look, they can clean it :lol: It's there, present, and current.

On the hornet the WOF is behind the plate, rego on swingarm. BMW has the rego beneath plate, visible from behind, WOF bolted to back of plate.

tigertim20
3rd March 2011, 22:02
Yo

I received two tickets in the mail today. The two offences were:

Failed to display licence in prescribed manner (Used a motor vehicle on which the appropriate licence was not displayed in the current manner) - Rego
No current evidence of inspection - private vehicle. (Operated a vehicle without displaying current evidence of vehicle inspection) - WOF


The tickets are dated a minute apart so clearly the guy thought he'd ping me twice. The funny thing is that one of the offences was for not displaying licence in the correct manner, which indicates he saw the licence (just that it was not easy enough to see). So if he saw the licence, he would've seen the wof (right next to it) but the second offence says "no current evidence..", so clearly there would have been evidence.

My wof and rego are both current (several months remaining on both). They were secured to the back of my licence plate, the ends of both slightly stuck out the bottom of the plate.
I only bought this bike of a dealer 3 months ago and this is where they secured them.

Anyone else had this issue? What's the best thing I can say in my dispute letter?

I thought it was commonplace to store rego's and wof's behind the licence plate? I've seen a tonne of bikes storing their regos and wofs there...

I beleive you will find that the law around this states something like ..for motorcycles, the license and wof should be displayed as close as is practical to the number plate" or something along those lines. Look it up, quote it in a letter, and send in a photograph of it on the back of your plate, and politely word a letter that basically says 'tell the lazy cunt to take a proper fucking look, and i aint paying the ticket so go to hell'
I strongly recommed re-wording the above.

Id exppect a well written letter should see the tickets being retracted.

pritch
4th March 2011, 06:51
If the bike was legally parked the Council staff have no right to investigate any further. To do so places them in breach of the Privacy Act.

Where I live a letter to the Council pointing this out results in a very quick backing off.
Of course most kiwis are apathetic and just pay the fine.

If you weren't legally parked though - tough.

Swoop
4th March 2011, 07:58
'tell the lazy cunt to take a proper fucking look'
Unfortunately this is the crux of the matter, as the fat bastards cannot bend at the waist to look at motorcycle height. They are comfortable waddling along looking at a car numberplate and rego/wof located on the windscreen.
When sending back your letter to the council, remeber to include a brochure for Jenny Craig or weight watchers...:devil2:

CookMySock
4th March 2011, 09:37
If the bike was legally parked the Council staff have no right to investigate any further. To do so places them in breach of the Privacy Act. Where I live a letter to the Council pointing this out results in a very quick backing off. Of course most kiwis are apathetic and just pay the fine.Nice. Theres lots of situations like that where they are not entitled to proceed, but all the enforcement agencies take it upon themselves to try it on repeatedly until the publics' rights are inadvertently whittled away by their own implied consent.

The only solution to the problem IMO is to, in writing, revoke all implied consent to all the agencies. That'll make them go to the rule book before they lift a finger.

trailblazer
4th March 2011, 20:52
So, over the course of several months I ended up getting 5 tickets (2 wof, 3 reg). I got off the reg ones, but couldn't get off the WOF ones because...

Turns out, CYCLESPOT on the north shore sold me the bike without a current WOF. The sticker showed exp of 09/10 but in fact expired 09/09 which was 2 months before I purchased the mbike. In trying to explain this to the council, they stated that even though I was deceived by the WOF label showing incorrect exp date, this was not a valid excuse. Thanks ACC for your lack of common sense.

So, I had to request a court hearing to battle for my innocence, that was several months ago and I have since not heard back from them.

I have discovered that the people at NZTA are exceptionally helpful in providing record of registration history.. info@nzta.govt.nz I think is the email address, they generally responded with 1-2 working days.

I also found that the Auck Council replies via snail mail, which is very annoying. They did once respond via email with attached PDF, why don't they do this all the time ><. Saves time, trees and money.

I have since moved my labels to a more visible area in order to save myself in the future from blind/lazy wardens.
so isn't yhis cyclespots problem. they are the ones that illegally sold you an illegal bike. Im pretty sure they have to sell with minimium 3 months reg and wof. So you should be going back to them and demanding they sort it out or pay the fines.

popelli
5th March 2011, 11:16
LOL My WOF was put under the pillion seat by the bike shop! Wonder how they would have got on with that? What a rort!...Pffft

been done for that, went to court to defend it and the rule of law is it must be visible

cost me quite a lot of money

its a lot easier and cheaper to comply with the letter of the law

Yow Ling
5th March 2011, 11:34
Remember that having current wof/rego is a separate offence to failing to display the items.

Since when was it an offence to have a current WOF ? Looks like they get you both ways then

Gremlin
5th March 2011, 13:36
Since when was it an offence to have a current WOF ? Looks like they get you both ways then
Gyah... no, NOT having a current WOF is one offence, NOT displaying a current WOF (ie, even if its completely up to date) is a separate offence...

:rolleyes: