Looks like a mistake (probably unintentional but it does make you wonder). Have a look at (4) (a)
Looks to me like there should not be an "and" at the end of (a)
As it stands (to me anyway) the letter of the law says you can't legally drive an unlicensed vehicle that has been unlicensed for more than 7 days on the road for the purpose of obtaining a WOF or repair.
What do you think! Have I missed something obvious!
Might have answered my own query, looking at it again, before the "and" there is a semicolon. (on this small screen I initially didn't pick this up)
Does that change things grammatically and legally so that you don't need to forfull a criteria from (a) and (b)!
In other words the "and" is just leading you down the page to the next point of interest.
llortmt,
Jan 4, 5:33am
They're saying the vehicle should be on hold after seven days.
mrfxit,
Jan 4, 7:30am
What I get from that is that you have a defense against driving an unreg/wof vehicle as long as it was DIRECTLY to the place of repair or wof inspection & the correct & appropriatelegal stickers affixed to the vehicle BEFORE leaving that place. >>>> It also needs to be done between the current expiry & 7 days later for a definite defense against the charge.
The 1st part is common knowledge & has been presumed that you can still drive it legally home even if the vehicle fails it's inspection. I suspect it becomes a court/ officer discretion when over the 1st 7 days.
This is why I prebook a vehicle in for wof's when the vehicle reg or wof (or both) are already out. It signals a strong intention & confirms to the officer,what you are doing in the non wof/reg vehicle
thejazzpianoma,
Jan 4, 7:41am
O.K, so what about if the vehicle has just come off exemption. does that mean it now needs to be trailered to the WOF inspector!
mrfxit,
Jan 4, 7:44am
Mmmm yea good question, I suspect that because an exemption is a form of reg licensing (legal request to "hold" the reg) that the 1st 7 days would apply as above.
mrfxit,
Jan 4, 7:46am
Technically . it should be trailered if not legal but they allow a 7 day window as an auto defense against the charge.
Thats what I am reading from that link, but it could also be the bourbon I just had.
llortmt,
Jan 4, 7:50am
By exemption you mean Hold yes! In order to take it off exemption you need to either deregistered it or buy rego/license for it. To buy rego you need a WoF thus taking away the problem. If it's on hold/exemption then it IS currently licensed so you CAN drive it to the WoF. I'm mystified as to what you find so complicated, what am I missing!
mrfxit,
Jan 4, 7:54am
Legal mumbo Jumbo has a nasty habit of meaning something totally different because of a single word /comma/ full stop/ missing word etc etc.
"Interpretation" something that the so called 'underprivileged'love to play around with.
arrithedog,
Jan 4, 8:44am
The way it was explained to me by a friendly (yes, I know that's unusual) traffic cop is that you can drive it for the purposes of making it legal again. I had a car, reg on hold nearly 2 years, no WOF for 18 months, had major work done, hence needed a cert. Failed WOF for no Cert, drove to cert inspectors and back to mechanic for additional cert work to be done, waited for plate to be issued, drove back to plate dude to have it fixed to car, back for WOF, then reg'd. All apparently legal.
thejazzpianoma,
Jan 4, 9:05am
The question is, when was this explained to you!
What's getting me is this seems quite different to what I remember reading 2 - 3 years ago. The legal bit then went something like:
"You may have a complete defense if using an unlicensed vehicle on the road for purposes of obtaining a warrant of fitness"
Not word for word but I think that was the jist of it, seemed quite plain and easily understood.
BTW, I agree, still some friendly Police around, some really great ones even. Its just the growing minority of terrible ones that spoil it for the public and the Police themselves.
smac,
Jan 4, 9:10am
Yeah it's changed, moved from the old Rule to the new, and yeah the wording has changed. If gedo doesn't show up I'll do some digging.
mrfxit,
Jan 4, 9:11am
I think it's more about proving the intention to gain a wof/reg & proof of appointments/ path of travel etc rather then the exact wording of the law
arrithedog,
Jan 4, 9:29am
This was in september 2012.
deodar1,
Jan 4, 9:30am
You can't get a wof for unregistered vehicle & verse visa.End of Lap.
jmma,
Jan 4, 9:33am
Egg or Chicken first aye (o:
arrithedog,
Jan 4, 9:35am
You can get a WOF for a vehicle without Reg (on hold), but not the other way round. Got to have WOF before new reg can be issued.
bitsy_boffin,
Jan 4, 9:43am
That semicolon changes nothing, it's just a list-item delimiter.
You also need.
"(iv)before the licence expired, an application for a new licence for the motor vehicle for a period including the day of the alleged offence had been forwarded (either by post or by electronic means) to the Registrar along with the prescribed fees and accident insurance levies; and"
The way I read that legislation, is that it is an error by the law makers, I suspect they intended to give a 7 day lee-way to get your WoF then renew the licence, and also intended to give the 7 day lee-way when you renewed online but havn't got it in the post yet, but they screwed up the legislation by combining the two which made it largely contradictory in my opinion.
I suspect that this again falls on the Police's standard procedure handbook, as in it is just something the Police choose not to enforce as long as you are driving a safe-looking vehicle to a WoF place, but if you were to follow the letter of the law, then yes, trailer or tow is necessary.
The reason you're confused about what he said is that you don't know the difference between a vehicle licence and registration.
arrithedog,
Jan 4, 11:57am
Where does it say 'license'!
meathead_timaru,
Jan 4, 12:16pm
It doesn't. That's my point.
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