Legality Of Not Having Spare Wheel  

warney

yeah fuck you all, i was right !!!!!


Now its ur shout for pizza on sunday xxxxgold!

xxxxgold

As long as we are still getting that $6.95 deal

warney

laywer being a tight arse......Unheard of !


















ok, deal !

01sik

ive been defected for no spare? same shit 175, 1 point.

55HAG

Wow this has been a lot of dribble. Like someone has said earlier there are lots of cars that dont come with one. Mini is one. They have a can of tyre flate, this is the solution and argument when it comes police and department of transport. The SEAT IBIZA that I am driving has this. Years ago when I got defected with the CRX I just bought a can of this and got the car passed at department of transport. Due to the large stereo install there was no room for a tyre.


This is my 2 cents

khubner

on a side note now that we have proven you can't be defected for the spare now lets a ssume for the pupose of this coment you could

you have gotten a flat and have put the spare tyre onto the car.
that would then make the flat tyre theoreticly your spare until you replace it.
what to say you couldn't get fined for the tyre that had gone flat that is now in the space the spare would have been.

obviously you would replace tis tyre as soon as possible.

warney

as above, it has the CORRECT answer, no dribble

warney

yes ya can, and the one thats on if its bald, whalla more easy money for the government

patrol1oz

theres 1 thing i fail a lot and its not in the code of practice and thats brake fluid.. i have a brake fluid tester it tests the amount of water in the brake fluid.

7 out of 10 cars fail just on brake fluid testing badly..

its not in the book but i fail it as its up to me at the end of the day..

reason is you could fill it up with water and it would pass if i went by the book.
just another stupid thing thats not in the book but should be as its a saftey issue

WinKE55

New Fiesta Ecoboost, or some Fiesta models don't come with spare tyres, but a "puncture repair kit"

As far as I know, for RWC if you have a spare, must be legal, if you don't have a spare then you pass.


I am sure you can fight that defect in court and argue why it is legal to pass a RWC with no spare tyre.

xxxxgold

Incorrectly issued defects/infringement notices occur surprisingly frequently so if you have any concerns, do a bit of research to find out exactly where you stand, it may save you plenty of headaches down the track, not to mention money.

01sik

yer i did a bit of research and found out the rules and didnt pay it, goes to show you should question and research everything if your not sure, but also spoke to some chick at d.o.p and seeing as though ther was more defects on the ticket they were void also

patrol1oz

next time you get a defect ask them have they read the code of practice. and if they are issueing a fine ask them where in the book they got the info..

as a approved ais station we need a copy in the workshop at all times if its not here ill be fined $350

so if they are giving out unfair fines i would ask them where there copy of the code of practice is..they should have it in there car.

GHOSTY

xxxxgold, if you have been pulled over and the officer is trying to issue you with a defect notice for not carrying a spare wheel/jack/wheel brace etc, what is a suitable response one can give to the officer to deter them from incorrectly issuing a defect notice?

TTS

So technically, if a cop wanted to be a real prick, s/he could defect a vehicle for having bald tyres in the boot after being at a legal burnout pad (e.g. Streetwarz) and in ther eyes say they're spares?

Rancher

If you read up. No. They cant.

xxxxgold

That's a tricky one, in many cases it may be best to accept whatever decision the police officer comes to at the time, and then contest the infringement (if one is issued) at a later date. Some police won't mind a minor error on their part being pointed out, but there will certainly be plenty out there that would take exception and make a point of going over the car with a fine tooth comb, if they haven't already done so.



No, newsky06 is quoting non existent legislation.

b.t.h

xxxxgold, what IS your profession? policeman, solicitor, duty lawyer?

Rancher

Jesus of Boost. McLeod being god.

GHOSTY

Ok, well say one wants to contest the fine, what proof/evidence would you take with you to court to get it retracted? Is it as simple as stating to the magistrate that nowhere in the Code of Practice does it require the vehicle to be fitted with a spare wheel/jack/wheel brace, or ??

And can you make a complaint about being incorrectly issued with a defect notice, and if so who to, would it be to the CMC?

patrol1oz

print a copy of the code of practice and take it to court. ask then to point out where it says you need a good spare tyre..

you would win as it says only tyres that are in contact with the road. end of story.

tuff33

if u dont carry a spare wheel its a defect as i got done for it

khubner

then you should have contested it because it was wrong as stated many times in this thread it is not a roadworthy/defectable item.

it only becomes defectable once it is fitted the the car a driving tyre. obviously if there isn't one there is not a problem until you need it and are left sitting on the side of the road waitng for either a mate a cab or racq.

patrol1oz

if you read above no you do not need one or i does not need to be a good one..

renault and vw and other cars these days give you a spray can you fill your flat tyre with instead of a spare.. you have been had by cops or transport if you have been fined for this.

patrol1oz

heres another thing if racq fit a bad tyre they are held responcable same as tyre shops..

patrol1oz

i cant wait until im pulled over for a defect ill give them hell

xxxxgold

In this case, you would simply print out the appropriate sections of the applicable legislation, the Transport Operations (Road Use Management - Vehicle Safety Standards) Regulation. While the Code of Practice is directly relevant, it is not 'binding' in a legislative sense, so when arguing your case, you need to refer to the legislative source.

The CMC deals primarily with misconduct/corruption, unless you could establish that the officer in question issued an infringement vexatiously (in that the knew that you had not committed an infringement or offence but issued the notice anyway) it is doubtful that the CMC would investigate.

You would be better off sending a letter to the officer in charge of that particular station, enough complaints and action would be taken against that officer.

If you are concerned about financial losses as a result of an incorrectly issued infringement, once the matter is finalised in court you may choose to lodge a statement of claim in the Magistrates Court. It is in this statement that you will detail expenses incurred by you in 'clearing' the defect, this may include vehicle inspection fees and so on.

danielunwin

can some one that actually has a license to issue road worthies , or some one who works for QLD transport / police please clear this up .

its a argument that can and will go on forever .

xxxxgold

Sorry, i didn't see this question earlier, i'm a solicitor.

GHOSTY

Have you read ANY of this thread?

patrol1oz works for an approved AIS station, and xxxxgold is a solicitor, both of whom have given the answer.

xxxxgold

With due respect, it has been cleared up.

Transport Operations (Road Use Management - Vehicle Safety Standards) Regulation

This legislation (in conjunction with the ADR's), is what you need to refer to in determining if something is actually a 'defect'.

For those that are too lazy to look for themselves, this is the appropriate passage -

A tyre fitted to a vehicle must be free of any apparent defect that could make the vehicle unsafe.

b.t.h

Thats cool, were you at the beenliegh magistrates court last friday? i might have seen you

xxxxgold

Lol i wasn't, but from time to time i do make an appearance. I'll get myself one of those BC.com stickers that you see getting around and wear it in a prominent place so if you are ever in any of the SE QLD courts, keep an eye out and say hi

b.t.h

Oh okay, haha well i'll be heading there this friday too, to follow up on some uhh.. stuff. Might see you, and ill come say hi!

Peace

johnjohnmulley

Thanks xxxxgold and patrol1oz
I'm the Original poster. I kinda really didn't expect to see 3 pages already, actually didnt expect to see any replies yet....
I really only wanted people to comment who actually knew what they were talking about (like you two) as now there are 3 pages of *info* and "friends friends got defected" bla bla.
Thanks a lot for the tips, and for the legislation link, I've been searching everywhere for something like that.

Also, on another note, I got defected for no muffler. Now I couldn't find anywhere in the other codes that it says "you must have a muffler" but I rang the inspection station and spoke to the guy who will be inspecting my car, or one of his colleages, and he said "mate its like walking, we don't tell you to put your left foot first then your right, its just common knowledge. So of course you need a muffler". I said what if the car is under the limit and thats what he replied with. I kinda thought the same would go for a spare tyre, who cares if i get stranded in the middle of no where, thats my problem.

Thanks again Can close this thread now.