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273 posts

Ultimate Geek


#369570 18-Aug-2010 21:45
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Ouch! Yes, WoF to get licence.....

2 posts

Wannabe Geek


  #369586 18-Aug-2010 22:26
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The situation was that both the wof and the rego had expired. I drove the car to VTNZ to get a wof and it failed. Around 30 minutes later I was parked up while I went to a nearby garage to ask when they could do the repair so I could get the car through a wof at the same VTNZ centre. without a wof you can't get a rego, so other than transporting the car on the back of a truck to the VTNZ centre and on to a garage I had no way of getting the car road legal. Surely allowanaces are made for this situation otherwise how do peaople get their cars re warranted and registered after both have expired (car in storage for a long period, without putting the rego on hold for example)?

 
 
 
 


273 posts

Ultimate Geek


  #369645 19-Aug-2010 07:37
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That's the point - technically you were breaking the law when you left the VTNZ as you knew the vehicle was unsafe (leaking exhaust will always be deemed unsafe as opposed to just not up to regs). There may well be allowances etc, but if the Council decide to stick to their guns, it's up to you to decide how hard you want to fight.

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Uber Geek

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  #369651 19-Aug-2010 08:06
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smac: That's the point - technically you were breaking the law when you left the VTNZ as you knew the vehicle was unsafe (leaking exhaust will always be deemed unsafe as opposed to just not up to regs). There may well be allowances etc, but if the Council decide to stick to their guns, it's up to you to decide how hard you want to fight.


If you enforced the law to that extent virtually no vehicles that fail warrants would leave under their own steam. As far as the licence was concerned there is an exemption

"Note: There is a temporary exemption from licensing, when a registered but unlicensed vehicle is used on the road solely for the purpose of obtaining a warrant of fitness (WoF) or certificate of fitness (CoF), in order to then obtain a vehicle licence."

The council should have considered that the ticket was issued on the same day as the warrant attempt. This wasn't a case of the vehicle being driven or on the road some time after the failed warrant. In fact it's not the council but a contractor that does all the enforcement.

For all I know the receptionist opens the letters reads as far as licence expired over a month ago and ignores the rest.

I would contact the NZTA and find out if they have any 1 month period as far as the above exemption



  • Email us: info@nzta.govt.nz.

  • Call our motor vehicle licensing and registrations contact centre: 0800 108 809.

  • Write to us: NZ Transport Agency, Private Bag 6995, Wellington 6141.


273 posts

Ultimate Geek


  #369669 19-Aug-2010 08:53
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I think people in this thread are confusing 'the law' with how it is enforced.

Whether or not an offence occurred can be debated on the merits of the case, with the legislation in mind.

Debating whether or not a particular enforcement authority will/should/might let someone off a ticket due to some policy they have, or the kindness of their heart, or because it's not worth them arguing it, is an entirely different thing.

780 posts

Ultimate Geek
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  #369670 19-Aug-2010 08:57
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I think usually if you get the wof immediately,write in with proof, and they'll probably waive the fee.

This happens all the time, nothing new, get on with it.

Unless, your warrant was way out, maybe they'll be less forgiving.


3373 posts

Uber Geek

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  #369674 19-Aug-2010 09:12
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smac: I think people in this thread are confusing 'the law' with how it is enforced.

Whether or not an offence occurred can be debated on the merits of the case, with the legislation in mind.

Debating whether or not a particular enforcement authority will/should/might let someone off a ticket due to some policy they have, or the kindness of their heart, or because it's not worth them arguing it, is an entirely different thing.


Maybe you aren't aware that Wellington Parking enforcement is regularly based on some policy they have, or the kindness of their heart, or because it's not worth them arguing it,

"Whether or not an offence occurred can be debated on the merits of the case, with the legislation in mind." requires the other side to engage.

 
 
 
 


273 posts

Ultimate Geek


  #369681 19-Aug-2010 09:25
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Nooooo I mean here. I meant it's all very us debating whether or not an offence occurred, but there's not much point us trying to figure out whether WCC should/could waive a ticket.

2078 posts

Uber Geek


  #369774 19-Aug-2010 12:47
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Read the different legislation, write back to WCC again pointing out the relevant sections and if that doesn't work fight them in court.

It will also help your case if you can prove you were at the garage when you were ticketed.

You could also approach the Dominion Post, they seem to like stories of the council being stupid.

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Snowflake
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  #369861 19-Aug-2010 15:45
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graemeh: Read the different legislation, write back to WCC again pointing out the relevant sections and if that doesn't work fight them in court.


remember that the offence is actually "failing to display a current wof/rego..", not "failing to have a current wof/rego"




2078 posts

Uber Geek


  #369880 19-Aug-2010 16:22
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Regs:
graemeh: Read the different legislation, write back to WCC again pointing out the relevant sections and if that doesn't work fight them in court.


remember that the offence is actually "failing to display a current wof/rego..", not "failing to have a current wof/rego"


I haven't managed to find it but there will be legislation or regulation somewhere allowing you to drive the vehicle for the purpose of getting a WOF.

The unregistered vehicle bit is trickier but like most things a good lawyer could get out of this.

I guess the lesson here is don't park on the street with an expired WOF or registration.  Park at the garage itself then you are on private property. :)

95 posts

Master Geek
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  #369919 19-Aug-2010 17:34
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how did the officer know your wof had expired? I can't read my sticker from the outside.

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Uber Geek

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  #369924 19-Aug-2010 17:50
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markh14: how did the officer know your wof had expired? I can't read my sticker from the outside.


Year in big numbers and month punched out on the edge of the label. If you've got it stuck so far up the windscreen that you can't see it through the sun strip you could probably get done for that.

273 posts

Ultimate Geek


  #370199 20-Aug-2010 09:32
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graemeh:

I haven't managed to find it but there will be legislation or regulation somewhere allowing you to drive the vehicle for the purpose of getting a WOF.



I've already linked to it.......but as I already said, the same bit of legislation also says the vehicle must be safe to operate. Think about it - worst case scenario you can't drive a car on the road with no brakes, just because you're on the way to get tested...

95 posts

Master Geek
Inactive user


  #370820 21-Aug-2010 22:28
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Bung:
markh14: how did the officer know your wof had expired? I can't read my sticker from the outside.


Year in big numbers and month punched out on the edge of the label. If you've got it stuck so far up the windscreen that you can't see it through the sun strip you could probably get done for that.


This label must be displayed on your car at all times. Attach it to the inside of the windscreen. Display it on the driver's side (the same side as the steering wheel). Affix it to far-right of the glass (or the left side, if your car is a left-hand drive vehicle).

http://www.aa.co.nz/motoring/owning/register/warrant/Pages/FAQsabouttheNewZealandWarrantofFitness.aspx

No mention of sun strip. Maybe parking officers won't look.

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