Contesting Defect notice

Licences, Registration, RWC, ADR
shlapps
Posts: 5
Joined: Fri Nov 25, 2011 9:53 pm

Contesting Defect notice

Postby shlapps » Sat Aug 30, 2014 7:54 pm

Hi Hardy and others,

My 1986 (1985 on the plate) landcruiser was defected 'major' due to a 'front protrusion' which is a PTO (Power takeoff) winch. The front PTO assembly is straight our of the 80's the way they were then. IMO the road safety act came into effect in 1989 and the prior second edition ADR's don't consider or regulate front protrusions. I mean its just how these cars were then. I am intending to make it comply as much as possible but I'm not convinced this will keep the highway patrol off my back.

I was also written up for non-complying tire sizes. From research I think a defect notice is probably warranted for the tires due to diamter; but never a major. Even on this, the tire placard on my vehicle states a width but not a diameter. How am I meant to know what complies with this? I was fined 360 dollars and need to perform a full roadworthy. For the tire issue I want all these problems gone so I am engaging an engineer for certification to avoid future issues. The infringement doesn't even state a violation; simply "to comply with the tyre and rim association". The rims are surely adequate and the tires are a common BF Goodrich brand all terrain pattern.

I will be having this vehicle a while longer and this PTO issue may arise again. As such I am considering defending against the major and the front protrusion altogether. If a positive outcome was reached I would keep a copy of the court documents with me for future difficult officers. Can a defect notice be contested? What are the implications on driving my vehicle during the waiting period?

Thanks in advance,

Regards,
Tom

Hardy
Site Admin
Posts: 8472
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Contesting Defect notice

Postby Hardy » Sat Aug 30, 2014 9:48 pm

Do you have a winch bar?
Usually the PTO does not protrude beyond the bull bar/winch bar or bumper bar.
http://www.jtoutfitters.com/images/information/pto4.jpg
If it doesn't protrude beyond the front of the bar it should be OK.
If the PTO protrudes beyond the bar, then just get your bar extended so the PTO is housed behind it.

Your best bet is to take it to court and see what the police produce in their brief of evidence. It is cheaper and easier to get a free copy of the relevant ADRs from the police by taking this to court than it is to buy the ADRs online.


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