What if you got a car cover that goes all the way around the car so they can't see the warrant and rego to 'protect it from the elements'? Is this a smart idea or am I just being thick about something?
Athlonite: They shouldn't be able to give you an ticket if
a: there's nowhere else for you to park the car b: it's outside your place of residence c: it's being taken somewhere for repairs ( although it should be on a trailer and not being driven)
so Legally the ticket wouldn't stand up in court just tell them to shove it (go see a nz law society lawyer first for advice) But I think you'll find you should not have been ticketed at all
So far it's only been $200, why pay more money to a lawyer to find that your advice is totally wrong.
If the car has already been ticketed once, putting a cover on it isn't going to fool anyone.
(a) operates an unsafe motor vehicle on a road; or
(b) operates a vehicle on a road without displaying current evidence of vehicle inspection or a certificate of loading or both (as may be required by the regulations or the rules); or
(c) fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both."
And the interpretation section of the Act has this gem "operate, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and operator has a corresponding meaning"
It's hard to argue with them about the length of time the car has been out of action when they aren't obliged to give any grace period (unless you're on the way to get a warrant). Been through it.
stevenz: That was explained to them, the reply was essentially "Tough." - if the WOF expired more than 4 weeks ago, all bets are off regardless of excuse. Perhaps Hamilton's council isn't run by such a bunch of anti-car lefties and are a tad more lenient?
Presumably putting the rego on hold would just mean 2 reasons it shouldn't on the road though, not sure that'd work.
Are you within the ?4 weeks grace period of the failed warrant? If so mail them a copy of the failed warrant sheet stating you are having them repaired currently as per your legal right. They should immediately cancel the fine or you will take it further.
If your car fails the inspection, you're not allowed to drive it on the road. There is one exception to this rule. And that's if you're in the process of bringing the car into compliance or obtaining a new WoF. But the car must be safe to drive for that purpose. Otherwise, stick to the golden rule: stay off the road until you have a valid Warrant of Fitness!
When you've fixed all the required areas, we'll check it again. If you bring it back to us within 28 days of the first inspection, then we'll complete the second inspection at no charge. After this date, however, we'll have to start from scratch."
If you get caught going anywhere other than to get another test you'll get a ticket for no warrant.
Athlonite: They shouldn't be able to give you an ticket if
a: there's nowhere else for you to park the car b: it's outside your place of residence c: it's being taken somewhere for repairs ( although it should be on a trailer and not being driven)
so Legally the ticket wouldn't stand up in court just tell them to shove it (go see a nz law society lawyer first for advice) But I think you'll find you should not have been ticketed at all
So far it's only been $200, why pay more money to a lawyer to find that your advice is totally wrong.
If the car has already been ticketed once, putting a cover on it isn't going to fool anyone.
Really well they didn't charge me for just advice.. The car shouldn't have been ticketed in the first place
It will stand up in court. You are not allowed a car on the road without a WOF and rego. As stated the only out is if it is on the way to a place of repair. Note that if there is a serious fault you can still be ticketed.
There is NO outs for no where else to park it, 28 days from WOF etc etc. They are all myths. That is the law.
nickd: What if you got a car cover that goes all the way around the car so they can't see the warrant and rego to 'protect it from the elements'? Is this a smart idea or am I just being thick about something?
Car cover and Wellington don't go well together :) all of my previous ones have ripped or blown off down the road, although you can secure them with bricks, but then there is the possibility of a vandal using them against the car, damn vandals :(
I have moved across the ditch. Now residing in Melbourne as a VOIP/Video Technical Trainer/Engineer.
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