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Pardon for unregisterd car


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#1 _BLACK LH_

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Posted 24 August 2010 - 07:21 PM

Hi all,

After reading orangelj's post regarding his speeding fine pardon i thought i'd post up my (my wife's really) fine

also to see what u guys think and if i should try to get out of it with letter or have no chance and should just pay up..

the story goes,,

My wife had just returned home from the shops and was unloading the kid's/shopping etc from the car in the carport when a police officer in a marked car pulled up and walked down the driveway and told her the car was unregistered by 3 days and asked for her license she showed him, he asked whey the car was unregistered she told him she thought her husband had reog'd it for her ( oops i just hadnt got around to it :surrenderwave:, too much torana time)

He went back to his car and wrote her up for $288 fine:cry::cry::RIP:

Now my beef is it was parked at home, we rego'd it b4 it was drivern she has a clean driving history etc etc, motor reg said the car is still insured for 30 days after rego exp date.

is this just penny pinching from a cop having a bad day.......:cry:

Cheers

Clint

Edited by BLACK LH, 24 August 2010 - 07:23 PM.


#2 _hutch_

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Posted 24 August 2010 - 08:18 PM

where are the days where the copper would say "hey do you realise you hav'nt renewed ya rego"Posted Image

#3 _Quagmire_

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Posted 24 August 2010 - 08:32 PM

um i'd say you have a case cause
a)it was on private property at the time of the offence
b)you should have 14 days to drive the car on the road after rego expires (30 odd days to renew and send plates back but been sa that's all backwards Posted Image )
c) do you have the reciet from when you paid the rego showing the date? if so then you can prove it was regoed at the time of the offence

i'm sure others may say different but so long as your telling the truth then i see no reason why you should have got a fine in the first place
and if you paid on the internet then you will have goten a receit number from the internet

#4 wot179

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Posted 24 August 2010 - 08:39 PM

You should have clipped the cheeky bastard.

#5 surfmaster

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Posted 24 August 2010 - 08:48 PM

The car was obviously on the road, if it was out of rego, even by three days the driver commits an offense, there are some exemptions but doing the shopping isn't one of them. Infringement notices can be issued for offences after they have occurred, In this instance I assume your wife was seen driving the car by the Police and then spoken to in the driveway. All perfectly legal and above board by the Police officer, regardless of what some lower deck lawyers may tell you. Send a letter in explaining the circumstances and ask for a caution, word of warning don't attack the Police in the letter it will not help your case. Be polite, set out the reasons clearly and legibly and you may well get a caution.

#6 ls2lxhatch

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Posted 24 August 2010 - 09:07 PM

In WA the rules were as Quagmire mentioned above but they appear to have changed. It is now illegal in WA to drive your vehicle with an expired rego.

Extract from WA Licensing Service

Overdue or lapsed vehicle licence renewal

You have 15 days after the expiry date to renew your vehicle licence. You can not drive your vehicle on the road during this time.

15 days – 3 months late You cannot drive your vehicle on the road; however you have three (3) months from the expiry date to renew your vehicle licence without the need to have the vehicle examined. The renewal period will be calculated from the previous expiry date where the fees are paid within this 3-month period.

Over 3 months late You cannot drive your vehicle on the road and you are required to return the number plates to us in order to avoid a penalty being issued. To re-licence your vehicle you will need to get your vehicle examined.


Edited by ls2lxhatch, 24 August 2010 - 09:08 PM.


#7 enderwigginau

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Posted 24 August 2010 - 09:16 PM

As our esteemed boy in blue has said above :D ^^

Unless you have paid it, and have a receipt, AND it has somehow not shown up on the system, then you may have a case.  The 30 days exists for the label to turn up in the mail :P so it exempts you from having the correct label on.

Unfortunately, you'll need to cop it on the chin and try to get a caution.

Grant..

#8 AbsynthHatch

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Posted 24 August 2010 - 09:18 PM

This happened to me, I live in Queensland so I don't if the rules are different,

I had paid the rego on my 4X4 by BPay, the day before, even had the receipt number written on the rego papers in the glove box.

I said don't I have a month after the expirery date, before it was actually unregistered.

The officer said you have 28 days after which the CTPI expires and actually the vehicle was unregistered from the date shown on the rego papers.

He also said the that my receipt number meant nothing to him as I could have written anything on there and BPay can take up to 3 days to clear,

I was told it was my responsibilty to ensure it is paid on time blah blah blah

I did get of with a warning and told to drive the car straight home.

#9 _Yella SLuR_

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Posted 24 August 2010 - 09:36 PM

I reckon it is worth a go, you have nothing to loose but $288.

#10 _BLACK LH_

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Posted 24 August 2010 - 09:40 PM

The car was unregistered at the time, we only registered it after the notice, but that was on the same day.

#11 Statler

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Posted 24 August 2010 - 10:23 PM

I copped a fine a few years back for the same thing, except the rego had expired the week before.

I guess because of my courteous demeanour :) i wasn't fined for uninsured also.

Unregoed + uninsured = $cost of registration & insurance.

I also paid it the same day. I didn't know that it was an offence to drive the car to D.O.T to make payment.... but that's another story.

#12 _Gunmetal LH_

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Posted 25 August 2010 - 12:03 AM

Your lucky. I copped a fine for $850 because my rego ran out while my car was parked on the road out the front of my house. Hadn't driven it for a week.

Went to the cop shop to ask for an explanation as to why so much when I wasn't even driving it and got told there's nothing I can do and if they can find evidence that I drove it I'd cop another fine for that too!

2 fines in one really, 1 for having an unregistered vehicle on the road and 1 for no insurance. When I explained the vehicle is in fact insured with the RAA they said too bad, it's to do with the CTP insurance to do with rego.

My car was out of rego for 3 days and when I asked about the 14 days (apparently) that the CTP insurance goes for past the rego date (which should negate the second fine) the cop I was speaking to got angry as hell and said he didn't care, and told me how he himself had personally given 2 fines like mine in the last week!

I held my composure and stayed calm & cool the whole time, but still got 'requested to leave' immidiately and would be detained if I continued to 'disturb the peace'! WTF!!! The other car I was driving lost half the tread off the rear wheels on the way home...


SAPOL- To Serve (fines) And Protect (quota's)

Children with Guns. Nothing more. Unless they car fine, arrest, or shoot you, then it's a case of blind indifference to the general public they are 'apparently' keeping 'safe'.

Bullshit... They only keep us alive to squeeze more cash from us as long as possible. How many people can say "Gee, that cop was helpful?" Not many. I've met alot of pleasant cops but none were what I'd call 'helpful'.



The only thing you can do is write a letter to the Comissioner of Police with proof that you rego'd the car before the fine was issued and ask for it to be dismissed.

Pardon me, rant over.
(For now)

#13 _niterida_

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Posted 25 August 2010 - 01:11 AM

Overdue or lapsed vehicle licence renewal

You have 15 days after the expiry date to renew your vehicle licence. You can not drive your vehicle on the road during this time.

15 days � 3 months late You cannot drive your vehicle on the road; however you have three (3) months from the expiry date to renew your vehicle licence without the need to have the vehicle examined. The renewal period will be calculated from the previous expiry date where the fees are paid within this 3-month period.


Thats a direct quote from the Licensing website and it doesn't even make sense. There is no difference between 0-15 days and 15days-3months - either way you can't drive it and you have 3months before an inspection is due.!!!

It used to be that you were allowed to keep driving for 1 month and had 3 months before it had to be inspected again - and that was only a couple of months ago - glad this has been borught to my attention as I regularly delay payment until the month is up - better not do that again.

#14 _Quagmire_

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Posted 25 August 2010 - 08:07 AM

good to know
and now there charging you $5 extra to have a sticker on your window!!!!!
wonder how many people will get fined for having old rego stickers on thier windows now so they can be reminded when it is due? without paying the extra?
just another case of the boys in blue protecting us from ourselfs huh!

#15 Ruts

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Posted 25 August 2010 - 09:21 AM

I'd say what's happened is that your wife has driven past the police car and they have entered your rego into the MDT (Mobile Data Terminal). By the time the info has come up on the screen he may have lost your wife in the traffic or whatever. He then may have got your address off the screen and then driven to your house (which may have been just a few streets away) where he has then seen your wife unloading the car hence the ticket. It seems the fines in SA are very fair. In NSW when we stop an unregistered car the fines are (Unregistered $501) (Uninsured $501) and last but not least (Use vehicle with tax unpaid $501). With your CTP I don't care what anyone says or tells you if your car is out of rego, EVEN FOR A DAY, they will NOT cover you if you have an accident. Just try and get some money out of them and see what happens.

If your wife has a good driving history as stated I would be sending a letter to whatever authority is in SA and asking, NOT TELLING THEM, is there any chance of being issued a caution in this instance due to a MISTAKE. What I tell people is to send the ticket in with the letter WITHOUT THE MONEY, and wait to hear back from them with their decision. Once they have your money it is much harder to get it back off them.

The way I work is this, I detect an offence, I issue a penalty for the offence, I then check the persons traffic record on the MDT to see what their history is like (this usually tells you if they are telling you the truth or not), I am then more than happy how to tell them how they may be able to get off the ticket. I'm not a big fan of issuing cautions because I don't know if the persons has been issued a caution before if there is no record on the system.

Try your letter and good luck.

Ruts

#16 _Gunmetal LH_

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Posted 25 August 2010 - 01:10 PM

Ruts, we NEED people like you in SA!

You sound like you actually give a damn about people. It seems to me that SA cops just prance around with a badge and a gun.

#17 surfmaster

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Posted 25 August 2010 - 05:54 PM

The car was unregistered at the time, we only registered it after the notice, but that was on the same day.


If you write a letter in asking for a caution make sure you tell them that you paid it as soon as you realized it was out of rego. Being truthful and non antagonistic is the best way to go about these things.

#18 _lxefi304_

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Posted 25 August 2010 - 08:27 PM

i got fined $160 for having a expired rego sticker on my window....

also we have 16 adelaide cops in kad atm they are defecting anything that moves and issuing fines for anything they can. there parking at woolies and defecting people as they go shopping and issuing parking tickets etc. dosent mattter if you are young or old there going nuts.

#19 Ruts

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Posted 25 August 2010 - 10:09 PM

Ruts, we NEED people like you in SA!

You sound like you actually give a damn about people. It seems to me that SA cops just prance around with a badge and a gun.


Thanks mate.

#20 _Gunmetal LH_

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Posted 26 August 2010 - 04:59 AM

lxefi304- have a look at the 'whinge thread' re: SA cops defecting anything that moves over 10yrs old...:furious:

http://www.gmh-toran...44

#21 _lxefi304_

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Posted 26 August 2010 - 08:28 AM

were a small town andour local cop's let us have highly modded cars. they dont seem to care unless were doing burnouts n that everywhere. but then we get a heap of cops from town who go nuts.

kad cops let me off for having a injected 5.0L in my torana registed as a 4cyl.... they just said it was cool

#22 _BLACK LH_

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Posted 15 September 2010 - 08:45 PM

well just an update, it was a really huge surprise NOT, sent my letter in saying sorry, got letter back, tuff shit pay the fine.............

#23 _Kush_

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Posted 15 September 2010 - 09:23 PM

well just an update, it was a really huge surprise NOT, sent my letter in saying sorry, got letter back, tuff shit pay the fine.............


That's the way it works. How else will the government get their hundreds of millions of dollars per year? It's all a money making machine. We won't have any hope of changing this type of rubbish until all of us make a stand. But they'll still just find another way to grub the money out of us.

#24 _waratah_

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Posted 16 October 2010 - 06:18 PM

It seems to me that SA cops just prance around with a badge and a gun.

Did some training with the justice department at Curry street TAFE last year........Coppers are getting taught properly, the lecturers (all ex experienced police) point to the culture of individual police stations as the biggest problem ONCE a young policeman gets brought down from his high and mighty perch( that alot these teachers say the young uns are on)

Amyways i have to agree with you though...........thursday i decided to drive my defected car(heasdlights/tyer) to the auto election to chat about the options in fixing the headlights(old car if its to expensive im not going to bother fixing it)but i thought maybe i have a loose earth/switch and i wanted to show him the poltigiest throughtout the dash when you try to work the lights.....Then i was contemplating going to a property with a heap wrecking cars and heaps of spare major fuses to see if 1 of them was dodgy.
Got 30 meters up the road when i passed an un marked patrol car, he immeaditly did a u turn(no indicator) as soon as the sirens went on i pulled over, got out the car and met him with the infringement notice, told him what i was doing..............he looked at front of the car, looked the tyers..........asked me "what about the tyers? i said im not going to bother if i cant get the headlights working (done for scrubbed front left)..

This is where it came scary.............he asked me "is there anything in this car that shouldnt be" i was taken aback and said "what shouldnt be?"
He replied cannabis as he half stepped in the drivers seat........looked under the seat..........half bent over the passenger side......
Went around the other side of the car..............tried to open the passenger front door..i unlocked it...he looked under the seat.............picked up my jacket and felt it, looked at an old reciept, and looked under the fuses and tools on my passenger seat.....looked in the back visualy................

He then in a very much child like manner and laugh said "why did you look down or am i to suspicous?" now at 2 points i recal looking down when in the car.
When he did the u turn i knew why, i looked to see if the expiation notice for the defect was on the passenger seat( i carried it for this very reason/ i believe its law)
The second time was when i pulled over and got to get out and meet this person i grabbed it( natural)

He then proceeded to bully/intimidate/interrogate me over driving this car.......bombarding me with questions, not letting me finnish before asking another, cutting me off agin to re ask one before..............asked me where i worked........if i had been in trouble with the police before.............. i responded to being in trouble with the police before with " i dont deal with you guys".............Scary time again as he replied in a child like manner and laugh "whats a matter dont you like us"

"I replied i dont break laws"
He kept trying to mix my story up.........saying but you said that..this was pure bully stuff.trying to mix me up..he clearly wanted to do me for something........clearly

It came up i was on a DSP.........he grilled me about that, what for..............who gave you the injury.............was it in this town..............

Told me to go home........ring everyone up first before you go there.notify them where your going.........
Various times he stopped looking at the car, walking around it, thinking.chewing his finger.....one point he went down on his knees.........just looking at the door as if was admiring his hair in the paint reflection.............
He wrote down my milage, felt the tyers to see how warm they were ( lived 250 meters away) , took the name and munber of where i was considering going depending on what the auto electricain said( that person is not happy now)

I dont have a criminal record.i dont hang around with anyone who does...........i keep a quiet life...am not known to the police or have been investigated for any crime since i was a teenager over 20 years ago...............
I have had a without due care in 1989 and another in 1992
I got done for speeding on highway one in 2001
and by a speed camera in 2003.....

I did what he told me ( he wouldnt answer my questions about places of repair and continueing what i was doing) i made appointment with auto electriian for next morning, drive there in the pouring rain when most cars have there headlights on....auto electrician tells me he is to busy but you might have a loose or dodgy earth..........come back monday............This auto electrician i have always just turned up asked him about whatever drama's that lead me there, sometimes i go back at an arranged time..........others i have fixed myself..........the copper made me tell him the adress of the auto electrician only to test me!



As someone who has done some psych training to me this guy displayed various psychotic tendancies.............

Edited by waratah, 16 October 2010 - 06:28 PM.


#25 _BLACK LH_

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Posted 16 October 2010 - 07:05 PM

mate, i hear ya... i have had a bad run with cops in about a 4 week period, all seem to have the same attitude as u have described.

Had 1 cop threaten my wife by saying he was gona put a bullet in out 8y.o family pet dogs head the other day, she was scared as and had our 2 kids with her (20month and 4month old)

surley not the way to act.




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