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855 posts

Ultimate Geek
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Topic # 144194 10-May-2014 16:58
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Yes - I received one ... no wait, make that two....and thus my question.sealed
<aside> Before I start - please don't tell me I should have registered the vehicle earlier or got a warrant earlier or anything similar - not interested in hearing that - and if you want to say it, instead of hating maybe you could fly to Whitianga and collect the money owed to me by an ex-client who didn't pay leaving me  very short over Christmas, or the corporate who didn't pay leaving me short over Christmas, or the other five companies who didn't pay ... you get the message. </aside> This is about legality of 'double dipping' on the fines.

When I was younger you couldn't get a warrant unless you had a current rego  - that was cool as getting a rego didn't require anything more than rocking up with the dollars and paying for it.
Now days you cant get a rego without getting a warrant and if you get caught without a warrant you also get fined for not having a rego - thus the double dipping.

Short story - I want to get a WOF - failed because the Right Front Headlight would do Hi-beam and park but not low-beam. I also needed to get the lens coveres polished as they were scratched. Filled out rego form and tried to get rego - cant as no WOF.  No problems. Left the WOf station, purchased the polisher (damn that's expensive stuff) and found repco didn't have bulbs for my van.

I put the WOF inspection sheet and the rego form I had filled out in windscreen - visible to all who might look, and drove into town two days later, with the van as there were two options for the bulbs and wanted to make sure I got the right ones. No problems - nothing illegal there.

Replaced bulb in RF light, also replaced bulb in LF light (might as well have two new ones - matching pair and an old one as a spare in the glove box ) and also replaced the park light bulbs - means there is a new set all around. Got home, tested the lights against my garage door - RF is gone again. Bother!!!!!

Next day scafolder un-installers turned up (we hadn't been warned they were coming that day) as they had to remove scaffold put up so they could repair our earthquake damaged chimney area. They needed to go up and down the drive so I moved my van onto the street outside my house. It turns out we have a person living on our street who phones the council if he spots a vehicle minus rego and/or warrant on the street and gets the enforcement unit around.  I get back from work (having borrowed my wife's car) to find I have two tickets - one for no current evidence of inspection and one for rego. 2 x $200 = $400. Ouch.

My questions - Isn't that double dipping? I have evidence of trying to register my vehicle and the Govt process says I cant. Having tried, and with no legitimate reason why a rego and WOF should be tied together (remember in the past they were not tied and then tied in the other order) is it fair / just / legal to double fine a person? It feels like I tried to do the right thing paying for a rego but got stopped by the govt than fined for not having one.

Second question - Current Evidence of Inspection - doesn't a current WOf inspection sheet count? i know i cant go driving anywhere i want with just the inspection sheet but parked outside my own house?

Lastly - my rant against the council - Grow up!!!!! Ticketing a person who has to park their vehicle on the road outside their own house because they are having earthquake repairs done and turning down the request to waive is just another sign that reinforces my belief that all beaurecrats must have a full frontal lobotomy and any vestiges of common sense and decency removed before taking up their jobs - or maybe its just that bureaucracy and the enforcement unit attract little people who need to make themselves feel important by exercising pointless authority over others. Little man syndrome in my opinion.






nunz

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216 posts

Master Geek
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  Reply # 1041403 10-May-2014 17:10
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I agree it seems unfair, but I'm sure it's legal.  If you manage to prove it wasn't, I suspect a lot of people would be due refunds :)   You can renew your rego as long as the WOF is current (even if it only has 1 day left on it).  So I try to keep my rego paid up well ahead of my WOF meaning if the same thing happens at least I only get one fine.


Baby Get Shaky!
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  Reply # 1041405 10-May-2014 17:20
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IMHO No it is not double dipping. The Police, depending on how they feel, would ticket you for both as well (not to mention giving you demerits).
"Current evidence of inspection" means a valid WOF not a piece of paper saying a failure. 

One thing you haven't mentioned is how far out your WOF and Rego are? Councils are usually good at waving enforcement tickets if they are within 30 days of expiry if you can prove that compliance is in the works, anything over that and you're likely out of luck.


 
 
 
 


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  Reply # 1041408 10-May-2014 17:27
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It's a mite unfair, but probably legal.

In the UK by way of comparison, if your rego (known as Vehicle Excise Duty or 'tax disc') is late, at 1 minute past midnight on the day it should have been renewed the computer will simply print and mail you the fine notice...!!





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  Reply # 1041414 10-May-2014 17:37
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Write a letter to council explaining the circumstances, include a copy of the WOF rejection and mention when it was booked in for a recheck.
Sometimes council are reasonable - but they definitely won't waive the fine if their records show you've had a previous infringement for WOF/Reg.


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Ultimate Geek
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  Reply # 1041421 10-May-2014 17:46
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Toothpaste would have worked as the lens cleaner.




 

 

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  Reply # 1041422 10-May-2014 17:48
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I'd agree with Fred99.
I was caught out in a similar situation, wrote a letter including copies of all the information, and my fine was waived.

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  Reply # 1041446 10-May-2014 18:34
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Zippity: Toothpaste would have worked as the lens cleaner.


For really hazy lenses, 1200-1600 grit with hand soap. Then a buffing compound.

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  Reply # 1041457 10-May-2014 18:59
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Sidestep:
Zippity: Toothpaste would have worked as the lens cleaner.


For really hazy lenses, 1200-1600 grit with hand soap. Then a buffing compound.

1200-1600 wet and dry...
Don't buy the dry paper and get it wet! :)

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  Reply # 1041478 10-May-2014 20:25
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kingjj: One thing you haven't mentioned is how far out your WOF and Rego are? Councils are usually good at waving enforcement tickets if they are within 30 days of expiry if you can prove that compliance is in the works, anything over that and you're likely out of luck. 


This is very relevant, although I think you should say some councils as Wellington City Council seem to have a strict policy of not budging a millimeter once a ticket has been issued.

nunz: the WOF checksheet is evidence of inspection (you wouldn't have one if the vehicle hadn't been inspected) and should give you 28 days grace. Write the council a [polite] letter, as Fred99 says, laying out the circumstances as you've posted here and see what the response is. 

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  Reply # 1041479 10-May-2014 20:27
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I know a guy who got off tickets similar to this because they used the wording "operated a vehicle..." but he wasn't operating it. it was parked


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  Reply # 1041482 10-May-2014 20:32
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Dratsab:
nunz: the WOF checksheet is evidence of inspection (you wouldn't have one if the vehicle hadn't been inspected) and should give you 28 days grace.


The 28-day grace period is exclusively to drive the vehicle to get repaired and reinspected, and does not allow a grace period for parking on public roads. Some councils will be lenient, others won't, but by letter of the law, you can't park on a public road during said grace period.




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  Reply # 1041532 10-May-2014 22:57
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Operating includes parking.

28 days grace only applies to retest fees nothing else.

Evidence of inspection is the WOF sticker in the windscreen not a check sheet.

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  Reply # 1041631 11-May-2014 11:06
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I agree with knowing when the expiry dates are. You might be able to write in and explain why you were on the road that day if you are not far out of expiry.

The rego needing a wof thing is to stop crappy cars getting half the fine they deserve. Some people still registered their cars without a wof. Now you can't and (hopefully) forces a wof check or bigger fine of caught.

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  Reply # 1041633 11-May-2014 11:23
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local govt. will be too money hungry to waive it

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  Reply # 1041637 11-May-2014 11:37
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Personally I've found the Police are more accepting of people in your situation and (can) give you a few days to present the (paperwork) evidence that you were resolving the issue. Maybe because they're public focused.....

Councils on the other hand seem to troll carparks looking for these types of revenue opportunities.

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