Interstate vehicle being defected

**fordomatic** · 02-02-2015, 12:45 PM

Question, if i had a vehicle that is registered in QLD, can it be defected in another state?

Before anyone questions why, due to my job i am not required to change the registration or my licence to the state or territory i live in. As an example i have two cars registered in different states and a licence from a different state as well.

MDS69 · 02-02-2015, 12:49 PM

I would have thought yes especially if it is a safety issue (bald tyres, frayed seat belt, cracked windscreen etc) but not necessarily rust unless it was excessive.

**fordomatic** · 02-02-2015, 12:53 PM

Hmmm it's interesting, there is nothing wrong with either of my cars, but i do wonder when i am in my 4x4 as i have had issues in QLD before but it is actually legal in QLD.

I thought they might just ban it from driving in their state?

**Polyal** · 02-02-2015, 01:08 PM

I guess it depends on the defect.

As above most rules should be blanket across states, but some states will have their unique rules (bless them).

If that unique rule does not apply in the state its registered in then I would tell them to jump if your just passing through.

This is my biggest gripe with this country, every state has its qwerks it should all be standardized for better or worse.

OffRoadFalcon · 02-02-2015, 01:45 PM

I've often wondered about this too.......

For example, the big old 5-poster bull-bar....... legal in some states I believe (QLD at least??)...... and illegal in WA.

So could someone who come's from a state where they are legal, on a road trip, to WA, end up getting a sticker and asked to remove it?

Trevor 57 · 02-02-2015, 01:49 PM

Of course they can, if you are driving in other States you and your vehicle must comply with that States laws - pretty simple

On the positive side of the coin, may NSW learner's and P Platers are not aware that you can sit on 100/110 in Victoria as there is no law that says they need to stick to the NSW laws, you cannot get booked for exceeding 90 in Victoria

JAZSXY · 02-02-2015, 02:04 PM

From what I heard and this was years back, if you get a defect in a state not of the registered vehicle, you have to return to that state to have the defect cleared. But that was years ago and the laws / rules may have changed now.

Vesper Martini · 02-02-2015, 02:06 PM

Question: If you were defected in VIC, but had a NSW rego. Would you need to get it cleared at Vic roads? or could you take it to the NSW equivalent?

**fordomatic** · 02-02-2015, 02:07 PM

Ok so you get defected in that state, but how can they charge you? As an example, drive through NSW but next day in QLD. QLD transport don't care about a NSW defect.

Which is why I was wondering if they would just ban it from being driven in that state

**fordomatic** · 02-02-2015, 02:09 PM

If you don't go back into that state that you got the defect from they can't do anything about it, it's not registered in there state

blackf6 · 02-02-2015, 02:35 PM

Why even pull over to get defected? Ain't nobody got time for that.

**Polyal** · 02-02-2015, 02:35 PM

Its hard enough for them to follow fines from state to state. No one will care about a niggley defect. Especially if its not something major, im sure if its serious enough you would rectify it regardless of where it is rego'd.

Trevor 57 · 02-02-2015, 02:53 PM

Quote:

Originally Posted by fordomatic

If you don't go back into that state that you got the defect from they can't do anything about it, it's not registered in there state

if there is a fine attached they can still pursue it across borders

Trevor 57 · 02-02-2015, 02:54 PM

Quote:

Originally Posted by Polyal

Its hard enough for them to follow fines from state to state. No one will care about a niggley defect. Especially if its not something major, im sure if its serious enough you would rectify it regardless of where it is rego'd.

we do have a National data base now, so don't be surprised if the defect follows you, I don't know for sure, but don't be surprised

**fordomatic** · 02-02-2015, 04:45 PM

Quote:

Originally Posted by Trevor 57

if there is a fine attached they can still pursue it across borders

The fine isnt the issue so much. I was more interested to know what would actually happen about the defect. From what i have read they can fine you but they can't actually do anything about it being rectified. All they can do is ban you from driving in the state/territory you got defected in.

Trevor 57 · 02-02-2015, 04:48 PM

Quote:

Originally Posted by fordomatic

The fine isnt the issue so much. I was more interested to know what would actually happen about the defect. From what i have read they can fine you but they can't actually do anything about it being rectified. All they can do is ban you from driving in the state/territory you got defected in.

that would be a fair summation I reckon

**DJM83** · 02-02-2015, 05:02 PM

Quote:

Originally Posted by Trevor 57

Of course they can, if you are driving in other States you and your vehicle must comply with that States laws - pretty simple

Kinda think that is BS in a way, what right on a state border? So you have a car that is legal in your state, cross the border your rooted.

tut0r · 02-02-2015, 05:03 PM

As far as I am aware and I was ex defence so I to didn't have to change my license or rego for a period of time, you are still required to follow the rules attached to your license but you follow the rules of the state you are in regarding the road. With defects if you get defected for something in say Victoria and you have QLD rego, they can fine you as you are driving a vehicle that is illegal in some way in THAT state. Now while QLD won't give two ***** Victoria can pass on this info to them and get them to chase it up or chase it up through your original state.

Hope that clears things up. I had the issue with my SA license in victoria, I was a p plater at the time and P2 you didn't have to display, got asked by vic pol a few times why I didn't display P plates. Just told them it says not to on the back of my license :P

burnz · 02-02-2015, 06:14 PM

Quote:

Originally Posted by fordomatic

The fine isnt the issue so much. I was more interested to know what would actually happen about the defect. From what i have read they can fine you but they can't actually do anything about it being rectified. All they can do is ban you from driving in the state/territory you got defected in.

depends on the defect, they will tow/impound the car if serous enough at your cost..

and as for fines, I got pinched in vic... (in the mail job)
and had to pay as my state (nsw) would cancel my licence.

**GasoLane** · 02-02-2015, 08:11 PM

Quote:

Originally Posted by DJM83

Kinda think that is BS in a way, what right on a state border? So you have a car that is legal in your state, cross the border your rooted.

What Trev said is pretty spot on. I was driving a Vic registered B-Double with both trailers also reg in Vic.

I got booked in NSW for the 'Long Vehicle' sign on the second trailer 35cm too high.

As others have said if the 'defect' is serious enough they (Interstate Police/RMS etc ) can ground you until it's fixed.

**Charliewool** · 02-02-2015, 08:35 PM

Quote:

Originally Posted by GasOLane

What Trev said is pretty spot on. I was driving a Vic registered B-Double with both trailers also reg in Vic.

I got booked in NSW for the 'Long Vehicle' sign on the second trailer 35cm too high.

As others have said if the 'defect' is serious enough they (Interstate Police/RMS etc ) can ground you until it's fixed.

Geeesh.. Bloody truckies! Don't you realise how dangerous that was?
That illegal high signage could of contribited to enormous road carnage and trauma!!

**GasoLane** · 02-02-2015, 08:41 PM

Quote:

Originally Posted by Charliewool

Geeesh.. Bloody truckies! Don't you realise how dangerous that was?
That illegal high signage could of contribited to enormous road carnage and trauma!!

Ah, that must explain Victoria's road toll.... It was legal there

zilo · 02-02-2015, 10:32 PM

You can just rip up an interstate defect notice on a pasenger vehicle.

You will need to pay the fine though....

This is information from someone who did just that at the Clipsal last year.

scottyg938 · 02-02-2015, 10:39 PM

Quote:

Originally Posted by Trevor 57

Of course they can, if you are driving in other States you and your vehicle must comply with that States laws - pretty simple

On the positive side of the coin, may NSW learner's and P Platers are not aware that you can sit on 100/110 in Victoria as there is no law that says they need to stick to the NSW laws, you cannot get booked for exceeding 90 in Victoria

I'd have thought that they'd still have to stick to 90 because it's a license restriction not a road law, Just like if they had an auto only license they wouldn't be able to drive manual just because they crossed a border

Road Games · 02-02-2015, 10:48 PM

Quote:

Originally Posted by GasOLane

I got booked in NSW for the 'Long Vehicle' sign on the second trailer 35cm too high.

As others have said if the 'defect' is serious enough they (Interstate Police/RMS etc ) can ground you until it's fixed.

Surely a rookie mistake...

.. thank yaself lucky you didn't get tazered

**fordomatic** · 02-02-2015, 10:58 PM

Quote:

Originally Posted by zilo

You can just rip up an interstate defect notice on a pasenger vehicle.

You will need to pay the fine though....

This is information from someone who did just that at the Clipsal last year.

Awesome, thanks heaps mate, that was the answer i was looking for

XR5 · 02-02-2015, 11:17 PM

Quote:

Originally Posted by fordomatic

Question, if i had a vehicle that is registered in QLD, can it be defected in another state?

Before anyone questions why, due to my job i am not required to change the registration or my licence to the state or territory i live in. As an example i have two cars registered in different states and a licence from a different state as well.

Technically, yes you can but in reality you probably won't be and it won't mean anything anyway. For example the NSW RMS has no power to cancel the registration of a vehicle registered by VIC Roads for not having a defect cleared and the State Road organisations do not interact with each other in any way. Heavy vehicles are a different matter but for passenger vehicles it works as per the following. At least in NSW this is how we did it.

If the vehicle was an interstate vehicle we issued fines for the defects rather than issue a defect notice. We had the option of issuing fines or a defect notice or both to drivers.

As far as the driver goes they must abide by their licence conditions regardless of what State or Territory their licence is held in, eg auto only etc.

However if the vehicle was not defective in their home state as far as modifications etc went another state cannot defect that vehicle as the vehicle is only visiting and complies with the relevant legislation of the State it is registered in. This is where the bull bar laws come into play etc.

All states and territories use the Australian Road Rules but then they all have their own set of road transport legislation where if it clashes with the Australian Road Rules the State legislation takes precedence. Hence why you can be a Victorian Driver where it is legal to u turn at traffic lights but be booked in NSW for it where a u turn is illegal unless signage authorises one.

An example of NSW only having access to NSW rego information is the number plate recognition used by police. Info is uploaded daily from NSW RMS to the machine but the machines can only read NSW rego plates for warnings and registration information. All other States rego plates don't even register with the machine due to the lack of communication between state road authorities. An unregistered Victorian car could drive past and no one would know.

Hope this helps out a bit. I am ex NSW HWP. As I said though heavy vehicles are a different matter. It gets a lot more complicated for them.

Trevor 57 · 03-02-2015, 06:43 AM

Quote:

Originally Posted by DJM83

Kinda think that is BS in a way, what right on a state border? So you have a car that is legal in your state, cross the border your rooted.

I kinda agree, but we have States and each State makes their own legislation so we have to wear it

Trevor 57 · 03-02-2015, 06:47 AM

Quote:

Originally Posted by scottyg938

I'd have thought that they'd still have to stick to 90 because it's a license restriction not a road law, Just like if they had an auto only license they wouldn't be able to drive manual just because they crossed a border

This is a common mistake people make, there is no law in Victoria that says they have to sit on 90 so the Police have no law with which to charge someone, the Victoria Police can only enforce Victorian law not NSW law

It is a requirement of their licencing process but it sits on road law not 'on their licence'

It is no different to what heavy vehicle drivers went through in NSW a few years ago, trucks and buses could do 100 in every State except NSW

Trevor 57 · 03-02-2015, 06:51 AM

Quote:

Originally Posted by zilo

You can just rip up an interstate defect notice on a pasenger vehicle.

that is fine as long you don't take the vehicle back into the State of issue coz they will nab you, in Victoria all Traffic Police cars have number plate recognition software and can pick cars (or registered owners) that are on their database that have issues and the Policeman gets a beep to let them know