Advice to keep your bike/car up to WOF standard would have been better.Originally Posted by Grumpy
Loud and Uncouth
Advice to keep your bike/car up to WOF standard would have been better.
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
Hardcore Biker
The fact you say the WoF has "run out" shows you know fuck all too.
Granted, he might know some things about some things but what he thinks he knows does not override the legislation.
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Hardcore Biker
That's wrong. You can carry passengers on a LEARNER car license as long as you're complying with the requirement of a supervising driver, which you must have at all times anyway. The only difference between LEARNER and RESTRICTED in that respect is that you can drive alone on RESTRICTED.
Have a look here at the conditions of a learners license. Only 16 (1) (a) & (b) applies to 'cars'.
As other people have stated in this thread the 28-days is NOT a 'grace' period. It's the period after the initial inspection in which a re-check will not be charged for.
Ahhhh yes but the issuing of an infringement offence notice does not in itself constitute a ruling of wrong-doing, merely an allegation.
I'll say. Your 'WoF' doesn't mean anything if you have no lights and bald tyres!
Which is fair and reasonable. What's that saying about bees, honey & vinegar...
Last edited by kwaka_crasher; 15th February 2010 at 14:58. Reason: Added learners conditions link.
This is my signature. There are many like it, but this one is mine. My signature is my best friend. It is my life. I must master it as I must master my life. Without me, my signature is useless. Without my signature, I am useless.
The early bird might get the worm, but the second mouse gets the cheese.
Tornado Alley
Geez... "expired" then....
He does know his stuff.
If ya don't have a current WOF, you can't keep on using that vehicle for the 28 day period, unless itis being taken to a place of repair or to the testing station to obtain a new WOF.
Hardcore Biker
Lets have a look at the actual wording of the legislation - the Land Transport (Road User) Rule 2004.
Now, where does it specifically state what you, or Frosty, claim it says regarding the WoF tester or garage?Motor vehicle must be kept in appropriate condition
(1) An operator of a motor vehicle that is required to have a warrant of fitness or certificate of fitness must at all times when the vehicle is operated on a road keep the vehicle in a condition appropriate to the level required for the issue of that warrant or certificate (as the case may be).
(2) An operator of a motor vehicle is not in breach of subclause (1) if the operator proves that, at the time the vehicle was being driven,—
(a) the vehicle was being operated solely for the purpose of—
(i) bringing it into compliance and the vehicle was safe to be operated for that purpose; or
Not about this he doesn't.
28 days has nothing to do with anything except the free re-test period.
The second part of your statement is not entirely true either. You're not allowed to operate it for reasons other than bringing it into compliance. But what the scenarios are where you are operating it solely for that purpose are not specifically defined.
Whether "the vehicle was being operated solely for the purpose of bringing it into compliance and the vehicle was safe to be operated for that purpose" is a matter for the courts to decide if a person, issued with an infringement offence notice, elects to not simply roll over and pay even though they had a complete defence, but instead wishes to present their case in a hearing. That is to say, they don't have to solely convince the cop, although that would be a considerably less time consuming exercise.
This is my signature. There are many like it, but this one is mine. My signature is my best friend. It is my life. I must master it as I must master my life. Without me, my signature is useless. Without my signature, I am useless.
The early bird might get the worm, but the second mouse gets the cheese.
Come warm yourself by the fire
Errrr so correct me if I am wrong. You are stating that the 28 days grace is completely legal.
So I could go down to the testing station, with a completely illegal vehicle, as so long as I got them to fail me for my warrent every 28 days I would be fine?
Sorry man, you are confusing the matter. There is no in between state where you can take a vehicle on the road between "Road-worthy" and "Not road worthy".
It is also worth noting that a cop can give you a ticket even if you vehicle is legally allowed on the road (wof, rego) but is not considered "Road Legal". So what makes you think you can get off a ticket using a non-road legal vehicle on the road?
Reactor Online. Sensors Online. Weapons Online. All Systems Nominal.
Forum whore
I think this thread just entered the twilight zone
Come warm yourself by the fire
"and the vehicle was safe to be operated for that purpose"
How do you define safe - H&S 1992 states it as "Being unable to cause HARM"
How is a bike that your 'bedding the brakes in' safe? How does any vehicle that has failed a WoF, a test to decide if the vehicle is safe enough for the road.......be classed as safe.
What is a safety test for a vehicle that is to be used on the road?
Reactor Online. Sensors Online. Weapons Online. All Systems Nominal.
Firestarter Racing
HOLY CRAP! you are one sorry confused son of a gon!
Last edited by Cr1MiNaL; 16th February 2010 at 13:10. Reason: now even I'm confused!
Hardcore Biker
The definition of safe in the Health and Safety in Employment Act 1992 doesn't have any relevance to this discussion. See comment below regard the court for how safe is defined.
How is it unsafe?
The same way as an exemption permit for the use of trade plates on an unregistered motorvehicle (that is uncomplied). A single brake light bulb out does not make it unsafe. Only one wheelnut on each wheel does. The merit of each scenario is argued in court and is decided not by you, or I, or the Police but by the Judge or JP. It is only decided by you if you elect to pay an infringement fee.
Exactly that which ensures a vehicle, after being brought into compliance insofar as having affixed to it current evidence of inspection, remains within the compliance requirements for the entire duration of that evidence. That is to say nothing but driver prudence ensure that the vehicle is not being driven on bald tyres with no lights.
This is my signature. There are many like it, but this one is mine. My signature is my best friend. It is my life. I must master it as I must master my life. Without me, my signature is useless. Without my signature, I am useless.
The early bird might get the worm, but the second mouse gets the cheese.
Hardcore Biker
Who are you asking? If it's me I suggest you re-read my post and check the links. The only bit you've got right is what I've underlined, even if it is badly worded.
This is my signature. There are many like it, but this one is mine. My signature is my best friend. It is my life. I must master it as I must master my life. Without me, my signature is useless. Without my signature, I am useless.
The early bird might get the worm, but the second mouse gets the cheese.
OK, so who's next?
Ok you f*cken rocket scientist, WHY would you be 'bedding in brakes' if they're safe?
Drew for Prime Minister!
www.oldskoolperformance.com
www.prospeedmc.com for parts ex U.S.A ( He's a Kiwi! )
Hardcore Biker
More importantly how do you bed in brakes without riding it? Hmmmmm
This is my signature. There are many like it, but this one is mine. My signature is my best friend. It is my life. I must master it as I must master my life. Without me, my signature is useless. Without my signature, I am useless.
The early bird might get the worm, but the second mouse gets the cheese.
Loud and Uncouth
Perzactly what I thought too.
Is it not possible to pass a warrant without 'bedding them in'??
Could one not get a WAF and then go through this process? (I thought it was only needed for the race track and of which I've nothing in the way of experience of) (Sorry Hitch)
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
Hardcore Biker
It likely is because it's not unsafe just because the pads are new and aren't yet bedded in - the brakes still operate, just at reduced efficiency, but still in most cases enough to pass the 50% efficiency threshold brake test.
I made the point of brake imbalance... something you don't get on a bike... because imbalance across the service brakes on one axle, which is required to be less than 20% for the purpose of compliance, is not inherently unsafe simply because it's not compliant, in a similar way to having no windscreen washer fluid isn't inherently unsafe or an exhaust leak on a bike isn't inherently unsafe... while having no brakes probably is very unsafe. Furthermore, on an older car often brake imbalance will be a recurring problem at WoF time.
My point is, and always has been, that there are many scenarios where the law will be on your side regardless of any overzealous cop's opinion when he issued you an infringement offence notice, provided you're not prepared to accept his/her opinion as law, especially if they just think you're lieing about the circumstances relating to your operation of the vehicle on the road for the sole purpose of bringing it into compliance with it being safe to do so.
This is my signature. There are many like it, but this one is mine. My signature is my best friend. It is my life. I must master it as I must master my life. Without me, my signature is useless. Without my signature, I am useless.
The early bird might get the worm, but the second mouse gets the cheese.
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