Regency Park!...Is your car DEFECTED

[McLEVIN]

mine is and i came across this bit of information...i copied and pasted from another forum, will post link as well.

hopefully it will help some people out

THE LEGISLATION:


source: South Australia, Road Traffic Act 1961, Version: 1.2.2010 [1th of Feb 2010]

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


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


exhust:
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







===> <====




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



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


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.



from =

[McLEVIN]

oh btw got defected for

seats unsafe...too much movement
non legal tread
non adr approved wheel
non standard suspension...damn fancy cusco blue paint.

[Dave]

mclevin if you own that ridiculously clean white levin with ducktail and longchamps then thats bs and i do agree with everything you wrote up cheers buddy

[McLEVIN]

yeah well its not so clean any more... since i parked it in a fence but alass they didn't even comment on the dent in the bonnet nor the bent rails nor the bent bumper mounts, fair enough the seats to me this is unsafe... upgraded suspension is not this pissed me off.

[ke_70]

what suspention has it got?

did they measure you for eyebrow height?

[McLEVIN]

Nah didn't do me for height...it was the camber tops he didn't like.
Rang regency today said rcas and camper tops were a no no. As far as the suspension setup its got trd blues, unknown springs and camber tops.

[ke_70]

so it doesnt actually say coilovers are illegal?
as long as it's within the eyebrow spec
has bump stops
and has a lock nut

these should be legal?

unfortuently i think these are just guide lines not laws as such...

[slide86]

you can have coilovers, but you have to weld the spring base so it cannot be height adjusted........kinda defeats the purpose. Permanent means it cannot be removed at any point.......ie a locking nut can still be removed to adjust ride height.

pretty much there is nothing or VERY little you can do from being defected. If a cop wants to defect you, they will. No matter if they are 100% incorrect. Its only under their suspicion of a modification......which has been highlighted above.

so pretty much, drive a modified vehicle = expect more attention = defect

i was defected in my chaser.........no big deal, did what i needed (returned car to near stock). Used my head, found a loop hole and got car off regency defect without going to regency..........

[ke_70]

explain this loop hole?

[McLEVIN]

but then also states no suspension part is to be welded