I can't believe people are stupid enough to defend the Police's stance of ticketing people on the basis that they "might" be breaking the law. Especially when they are actively ignoring clear evidence that people are operating within legal bounds.
How stupid to encourage the removal of our basic rights.
The Police work for US!
WE pay them!
We should not have to jump through hoops, write letters, collect testimonials, take photos and go to court just because we happened to be stopped on the way to a WOF or a Tyre shop. All to avoid the officer spending two minutes on the phone to confirm everything is legal and above board.
For goodness sake people wake up!
howie69,
Jun 14, 12:54pm
I agree. Get your paperwork/evidence together and fight this using the Act provision. Be clear the tyres were roadworthy, he didn't ticket you for these so they must have still been legal. Too many people just fall over. The police do not make the law, they enforce it, we are not a police state yet!
big.b-lil.c,
Jun 14, 2:30pm
if it was me i would write in before the 28 days is up stating you were buying tires and it's getting/got cert and wof. if they let you off good if not pay the fine it will cost you more than the fine to defend if
smac,
Jun 14, 3:15pm
I know this.did you read the rest of my post! I was backing up/clarifying what you said because others still seem to be in denial.
johnf_456,
Jun 14, 4:58pm
Actually no, when a vehicle fails an inspection the current wof even if it has 2 weeks left or 3 month left is void as the vehicle is no longer up to standard. Therefore it should only be used on road for the sole purpose of bringing the vehicle into compliance.
But this will only picked up if the cop actually runs a check on the car, however if they do a visual check only like a parken warden or checkpoint you will most likely get away with it.
thejazzpianoma,
Jun 14, 5:08pm
The law is very clear but its nothing like you describe. It says plainly and simply you can have a vehicle on the road for the purposes of obtaining a WOF.
This case aside people are getting picked on and abused by Police driving to and fro from WOF tests and I have been hassled and ticketed 500 meters from my driveway road testing a vehicle after repairs to bring the car to WOF standards.
Don't come crying to me when all your rights are eroded away and there is little chance of going back, because the way you describe it we should all be trailering cars to the place of inspection if the WOF is run out.
We should not be made to feel like criminals when we are only doing what is fair, reasonable and legal.
thejazzpianoma,
Jun 14, 5:11pm
In that case you should not be "having a crack" but insisting the Officer look at the evidence then and there and not issuing the ticket. This is a classic example of what I am talking about where cops deliberately ignore the evidence, issue the ticket and then expect the driver who was in no way operating outside the law to jump through hoops taking considerable time and effort just to clear there name and avoid a fine. Its simply not good enough!
If the car is on its way for a WOF, being road tested after repairs or being taken to and fro from repair and there is clear evidence showing this then it should be simple. NO TICKET.
If someone is being shady and just saying they are on their way to get a WOF with no evidence of booking in etc then TOUGH LUCK get a ticket I don't want to share the road with you, well done the Police.
Its time the Police had an online registry where you can go online, enter your registration number and note when and what the vehicle is on the road for. This would make roadside checking simple and everyone would win. However it would do little to raise the 100 Million they are trying to raise from traffic fines every year.
zoltec45,
Jun 14, 5:14pm
Im sorry, i didnt realise you dont know what a cert is; you need a cert to get a wof. you need good tyres to get a cert. ergo it was on the road for the purposes of obtaining a wof. the vehicle is currently AT the certifiers RIGHT NOW. The other point i was trying to make is the officer didnt want to hear me out or hear my side of the story, kept on cutting me off before i could finish a sentance, even though i wasnt being rude at all. AND he had a shaved head and moustach. SHAVED HEAD + MOUSTACH + COP = DOUCHE.
smac,
Jun 14, 5:16pm
Jazz read the links, it does not say that. It says you're allowed on the road for the purposes of bring it up to compliance (and it's safe at the time). This guy had no WoF, but had the good tyres fitted which was the only known issue to be remedied. Therefore it appears he is covered. I say it appears so because who knows if we have the full story etc.
Also johnf, the bit about a failed WOF voiding a previous WoF is not actually correct. Your car is not up to standard, so you can be ticketed for that (if the cop can figured out what is wrong). But you are still displaying a valid WoF, so can not be ticketed for that. Bit of a loophole in the regs.If the Police system is queried on a vehicle that has failed a WoF before the old WoF has expired, then their system will give the (future) expiry of the old passed WoF.
shuddupowh,
Jun 14, 5:16pm
Give Citizens Advice Bureau a ring. See what they say. They will know ALOT more than any dick on TMMB.
thejazzpianoma,
Jun 14, 5:19pm
+1 This is the sort of nasty behavior we need to stamp out of the Police. You have the right to be treated with dignity and be heard. I have had this nasty bully attitude several times when I have been nothing but polite and done nothing in the wrong. Unfortunately those who have been lucky enough to avoid this simply assume that its the person behind the wheel at fault when its our pathetic excuse for a Police force thats the trouble.
My advice, write in immediately and challenge the ticket because anything received in the last couple of weeks is thrown away and they tell you it didn't arrive on time. That leaves you with no recourse to go to court.
Also, its time we all started recording our interactions with Police on the roadside. There is no Police Complaints Authority to help you with road Policing matters so you must collect your own evidence. A judge will not be pleased to have their time wasted with jumped up Cops who wont seek basic confirmation before ticketing you.
thejazzpianoma,
Jun 14, 5:21pm
I follow what was said in the links and agree with what you are saying. I was just pointing out to those who were trying to discredit the OP that even in the most clear cut of situations their argument was still invalid.
johnf_456,
Jun 14, 5:24pm
Guess you didn't read this part of my post "But this will only picked up if the cop actually runs a check on the car, however if they do a visual check only like a parken warden or checkpoint you will most likely get away with it." From what I am told if they do look it up on the system it says it has no wof,but your right only if look closely. But really it should have some sort of sticker or remove the old sticker when the vehicle is failed, has the car is not upto standard. As some will think oh its ok I failed in worn out brakes but I have 2 weeks left so I can drive around the country like this. But yeah I am pretty sure the police system is linked and can find out if the wof is void.
johnf_456,
Jun 14, 5:27pm
In my opinion if a vehicle needs to go in for a cert it should be not driving in regardless with potentially unsafe modifications. That are not safe until certed, which is very different from a usual wof inspection. I am with smac on this one.
mrfxit,
Jun 14, 5:43pm
EXACTLY. . ^^ Got nailed 1 night on the way home from Auckland to Huntly(at Huntly) for no wof/reg Had brought the car THAT Saturday afternoon Was in good condition Got the wof & reg within 3 days Sent ticket & photo copys of the reg/wof done & got off the tickets.
mrfxit,
Jun 14, 5:49pm
IF . it can be certed & wof'd within 7 days from the date of the ticket & you send in copys of the check sheets from the tyre shop/ wof & certifier & . they show that thevehicle was "safe to drive" at the time of the ticket,. include proff of YOUR address & the tyre shops address along with a measured distance,then theres no reasonable reason why you shouldn't get off the ticket.
longer then 7 days & it gets harder each day. The more faults showing at the time of the ticket, in perticular "safety issues" , the harder it gets, leading to impossible.
It's entirely UP TO YOU.
bigracket,
Jun 14, 5:52pm
Exactly
mrfxit,
Jun 14, 6:06pm
This case, is exactly why I do what I do if I don't have a current wof or reg & need a wof 1st.
BOOK the appointment, REGARDLESS of who's doing the wof (Vtnz don't do bookings) but I INSIST that they write down the appointed time to expect me. Not that I would normally use vtnz, but have been asked to in the past Same for return visits. BOOK the appointment time
mrfxit,
Jun 14, 6:11pm
Most cops . certainly not all & definitely not all the time
bigracket,
Jun 14, 6:14pm
Its wrong to poke the shize at the cop, yer some of them fail the attitude test themselves, I have met plenty. At the end of the day their was no evidence of current vehicle inspection = TICKET. as you have found.
By your way of thinking cos you think the cars all good don't make any difference. I know plenty of people cutting springs (that actually makes my car handle better bro! )
I would be surprised if you get off it. But IF you can prove that at the time of ticket your car was in perfect warrantable condition, you will have a case, I bet you cant though (just a suspicion)
matthew111,
Jun 14, 6:15pm
you may drive your car directly to the wof testing station not to other workshops as you were. Pay up.
smac,
Jun 14, 6:18pm
Wrong. 'Up to compliance' includes getting work done. Of course the over riding condition that the vehicle must be safe to operate applies.
Also johnf you are not with me on this one. If you think you are you're not explaining yourself at all clearly, or you are minunderstanding what I am saying.
Oh and if from what you are told the police can see the fail on their system, then what you were told is wrong.
smac,
Jun 14, 6:32pm
Your Fact 4 is where you guys are misinterpreting the legislation. Unless you guys have specific experience with court cases where people are using this defence, I suggest you clam up.
I have this experience, but am clamming up anyway. The numpties will not be convinced with facts and logic.it's a lost cause.lol
Y'all have a nice day
johnf_456,
Jun 14, 6:32pm
And your source of information is! Also a failed wof is registered in the system as a avi myself.Who told you!
Also you have failed to use my nick name if you cant type it use the quote function. Johnf_456 thanks
Since the public registrations are closed, you must have an invite from a current member to be able to register and post in this thread.
Have an account? Login here.