I was taking my car to the workshop to have some work done for a WOF. and was pulled up by an officer and handed out a $300 ticket for no wof and rego. I explained my circumstances to the cop. Anyhow, Land transport says that you will have a case for defense against a ticket (factsheet 27). so I have requested a hearing at the court against the police. Do any of you know what the procedure is when i rock up next month at the courthouse!
monaro_xxx,
Aug 6, 8:16am
if you get proof you were going straight there,andproof of work,you should be right.bit of hassle,but less than $300 worth!
jokerboss,
Aug 6, 9:09am
more importantly did you get the wof!
net_oz,
Aug 6, 9:21am
Did you not write away to them with your proof etc first! If you haven't, then you're a friggen idiot for wasting your time and the courts.
steve312,
Aug 6, 9:54am
You will need a letter from your garage stating that the vehicle was booked in for a WOF or if you went to a testing station, proof that you did go there that day (a copy of the WOF checksheet would suffice).
All this is worthless though if you were caught anywhere off the direct route to the garage or testing station.
singing1,
Aug 6, 9:58am
Write to LTSA and apply for compliance which may give you some time to get the warrant and appear at the police station with proof.
sifty,
Aug 6, 9:59am
I am amazed how many people are pinged while 'on the way to get a wof'.
1coppertone,
Aug 6, 10:28am
This is a story thats been repeated many a time Im sure! i've used this same line before. plod ticketed me for been half honest and from the point where he pulled me over i when straight to the garage for a wof. car failed but i had the wof sheet to prove i'd been there.anyway to cut a long story short i requested a date for a defended hearing to contest the ticket and within a week or two i received a letter telling me they've reconsidered the events and explanations and i was flagged from been prosecuted. all because i asked for a defended hearing.pray the same happens to you to!
beno,
Aug 6, 10:48am
It's a genuine case. I was on my way to the workshop first for some stuff then a Wof. What i need to know is what questions will they be asking at the hearing and what (if any) documents should I take with me. I havent been for a wof yet, the car is still at the workshop. I havent moved it since.
paulap,
Aug 6, 11:00am
We got pulled over 10kmph over the speed limit in a no WOF or Rego car. Was in the process of being Vin'd. Told Mr Policeman we were off to panelbeater to get it booked in to sort rust so it could be inspected and then signed off. He let us go. This was on a Sunday. He must have already had his quota for the weekened. I was sure we were in sh*t street. 14 days later and the car was finally made legit.
I am not sure why some let people off and others don't.
bigfatmat1,
Aug 6, 11:49am
Attitude.
sifty,
Aug 6, 11:59am
I was gonna say that.
beno,
Aug 6, 12:03pm
Anyhow the hearing is a month away, HELP!I dont want to pay the fine just because of a technicality whichi may have missed. Am I correct in thinking that land transport sets the laws regarding this because factsheet 27 from them clearly says that " if you are taking your car to a wof or place of repair then you WILL have a defense against a ticket. it doesnet say you might or could.
nightsky1,
Aug 6, 1:15pm
if you had actually gone and got the WOF or at least a cheek sheet like you told the cop then all would be sweet.
Since you still haven't got it.Doh.
Be prepared to pay $130 in court costs now as well as the original fines.
granada,
Aug 6, 1:24pm
I opted for the court hearing for having my vehicle parked outside the place of repair for my speedo whilst it had no warrant or rego. I had my receipts from the repairer for the WOF relatedfault and got off the charge. the other thing I argued was I couldnt rego the car without a WOF and I couldnt get a wof unless my speedo was working and ths car was parked by the repairer outside there premises when it got the ticket. Charges were dropped the day before my court appearance
smac,
Aug 6, 1:41pm
Armchair experts.
The legislation is linked below. The exemption from licensing applies while the "motor vehicle was only operated on a road while being taken directly to a place of, and for the purpose of, inspection, servicing, repair, or obtaining evidence of vehicle inspection;"
So no, the fact you haven't yet got the WoF is immaterial. Basically you will need to provide any information you can to show that's what you were doing. The vehicle must also be safe to operate (otherwise it should be trailered). A failed WoF is not enough for the Police to say the vehicle was unsafe. So unless they inspected the vehicle and found faults, you're probably ok. I would suggest you forward your explanation to the Police prior to the hearing and it will be dropped.
I ran into the wrong cop on the wrong day - no WOF / was driving vehicle to LVVTA certifier to have rechecked so I could issue WOF - BANG, got me no seatbelt & no WOF
Wrote in got a very nasty letter from someone Knox in the traffic bit about responsibility et al Paid it & will never offend again
Ahem
msigg,
Aug 6, 3:09pm
Well after you got the ticket you should have gone to the warrant place and got an inspection pass or fail, then you have a leg to stand on (proof) without that now you are stuffed. I would charge you and court cost as well for waisting time.
mrfxit,
Aug 6, 3:17pm
DING
steve312,
Aug 6, 3:22pm
Initially you claimed to be going to have some work done for a WOF when you were ticketed yet you still haven't had a WOF check done.
If it were up to me, I would be telling you to pay the fine and stop complaining about getting caught.If you had a WOF check sheet for that day or even within a week of the ticket, you would have a much stronger case to support your claim that you were even on your way for anything associated with a WOF.
Obviously you were so distracted after receiving the ticket, you forgot to finish the trip to the WOF inspector.Tui anyone!
pauldw,
Aug 6, 4:15pm
"I havent been for a wof yet, the car is still at the workshop. I havent moved it since." Obviously he's waiting for the work to be done before it's warrantable. Some jobs do take more than a day.
taipan4,
Aug 6, 4:39pm
#1010km over limit #18no seat belt honest teacher I wern't doing nuthin wrongboys will be boys if going for a warrant (with no rego or WOF) keep your nose clean, best behaviour & clean undies
paulap,
Aug 6, 4:51pm
We knew we were doing wrong. We didn't get ticketed for anything though. We technically were going to a panel beaters.but for a visit to check out his cars not for repairs.lol
beno,
Aug 6, 5:29pm
I have asked the mechanic not to touch the car until this is all over. The car itself is evidence of my intent. Does the law say that uyou can be on your way to the garage for work to be done. Anyhow What happens when I get to court what exactly is a hearing!
net_oz,
Aug 6, 5:36pm
You were provided with a link by smac. If you can't be bothered to read it for your answer then you deserve the book thrown at you for being stupid.
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