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Modification Nightmare with cops and 14 days notice...

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Geordielass, Apr 13, 2006.

  1. Hi everyone,

    Just a question I thought I'd throw out there really...my mate Haggisladdie bought a SV1000 about two weeks ago from a dealership...the previous owner had made a variety of modifications to it - however my mate was advised it was all road legal etc blah blah blah...

    Yesterday however he was pulled over by a bike cop who advised him:
    1. the mudguard was too high
    2. his rear inidicators were too close together (bearing in mind these had been modified by previous owner and mate was a bit unsure about visibility of them)
    3. there was no light making his licence plate visible (at least I think thats what he said)

    The cops were also making complaints about the bike in general and advised him he has 14 days to make the changes or his bike registration will be suspended...Apparently they got a bit shirty with him and were talking about 'issues' he needed to fix that were basically the general design of the bike...



    What is the go here, can he take it back to the dealership to get them to make the changes if they sold him a bike that the cops advise "isnt road legal" or does he have to make the changes himself...

    Any advice or assistance would be greatly appreciated as I'm a relatively new rider with no idea and he's only recently bought a bike in australia and doesnt really know the technicalities either...

    Thanks in advance :grin:
     
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  2. hello JL, I am sure that if he hasnt modified the bike since he took reciept of it he should take it back to the dealers with the paperwork he got from the coppa, they are not allowed to sell an unroadworthy bike under the Road worthy banner, (false advertising). if he has no joy thru them he should pen a letter to the local ombudsman.vic roads and the dealer principals :wink:
     
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  3. Cheers - thanks for that...he hasnt made any modifications at all but wasnt sure if he had a leg to stand on with the dealership as you sometimes come across people who are like 'well its your problem now'...fingers crossed they were helpful when he was buying the bike so they should be good with sorting out the problems hey...
     
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  4. In exchange for selling you an unroadworthy bike, ask them to either fix it to comply or, get them to organise a roadworthy on it. You may find they will just do the latter and it will pass with flying colors. :D
     
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  5. Thanks...my mate was passed himself thinking just forked out loads for a bike and gonna end up spending loads to get it roadworthy again...I think he was saying he has to take it to VicRoads for an inspection within 14 days so they can check it against the police report...does that sound right...???
     
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  6. Did he actually get a ticket or anything K or did the copper just say the things. If he just said stuff then I do not know if they can follow it up with out letting the rider know.
     
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  7. Hey you...hows tricks....??? He actually got a ticket telling him he had to make those changes within 14 days or bike suspended...he adv he had just bought the bike from a dealership and they were kinda of the 'so what attitude'...Said the cop was a real tool bout the whole thing - and chris was even being polite to em to try and help etc but nicer he was being the shirtier the cop got from what I can tell...
     
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  8. Similer thing happened to my CBR
    I bought it and serviced it at the same place.
    10 months later to sell it, the same place does the RWC telling me my indicators are to small and not legal.

    They sold me the bike with the same indicators on it, i advised them of such thing. Even had pictures of it.
    They said i need to change them to be able to get a RWC.

    I told head mechanic he will be paying for it as he passed it 10months ago in the same condition im bringing it back.

    They did.


    I would go back to the shop, inform them of what has happened.
    When the police issue a canary as they are known, you have 14 days to fix the defect/s.
    To pass you need to take it to vicroads who have it on record.
    If not taken off the system in 14days the rego is suspended.
    If you sell the bike, they next person can't registered it till the defects are removed.
     
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  9. If the dealer agrees to make the changes and get it through Vicroads, them all good. The original roadworthy should still be current, and that can cause both the dealer and the tester a world of trouble - including losing their trading licences if they are found to have done something illegal.
    But they should be able to fix it up much cheaper than you can.
    If they try to weasel out of it, threaten them with taking action through consumer protection agencies and VACC, as well as Vicroads.
    Personally, I think the cops were well out of order getting heavy handed, especially once they knew it had just been bought from a dealer, but there's not much you can do but shift the grief back to the dealer.
     
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  10. Cheers guys...we'd thought that the dealership would have to be held responsible as like ya say the bike was only bought from em 2 weeks ago...fingers crossed they will agree to do whats been asked, he also switched off the bike asap as the dealership hadnt fitted the baffles on it for him and was worried that if they actually heard how loud the bike was they'd kick off....the dealership had said baffles part of package but when he went to pick it up werent fitted and different guy dealing with the sale...

    Fingers crossed will all be good...at least know now who gto contact if they dont play fair...
     
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  11. The requirement is "effectively prevents objects being thrown upwards and to the rear"

    They must be at least 300mm apart and between 350mm and 1.5m above the ground.

    Definantly required.

    The police officer should have issued your mate with a Vehicle Defect Notice or a Notice of Unroadworthiness (often called a 'canary'). If he was not issued with one of these, the registration cannot be suspended and the cop was just bluffing.

    Was you mate given one of these?

    The notice will define 3 types of rectification; self (you fix and send back a signed form), vicroads inspection (take to vicroads office), or roadworthy certificate (get a RWC and present at Vicroads office).

    Which one of these types is your mate required to do?

    The former. Take it back to the dealer with the police issued notice and tell the dealer to fully rectify. (including the dealer taking the bike to VicRoads or a new RWC). Make them do the leg work.
     
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  12. Hey Mouth - awesome advice cheers...I think he has to take the bike for a VicRoads inspection within the 14 days after the changes have been made...

    Chris is a member of netrider but he works on road and as I'm in office thought would ask for advice for him...so have told him to check this out tonight but to get onto dealer asap...
     
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  13. If your within the vilidity time of the RWC there is a real good chance the bike shop will feel they have to do the mods.

    Otherwise they could be in shit
     
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  14. If you have to take it to Vic Roads, wont they pick up on the non baffled exhaust??

    The three "defects" seem pretty simple though IMHO and would imagine would not cost the shop too much - I take it the mod for "mudguard too high" was that the number plate was bolted to the mudguard as opposed to the tacky plastic hang down thingy :?
     
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  15. If he just rides in easy he should be ok as you have to go inside and let them know your there and they come out and usally they will only check whats on the canary so he wont have to start the bike during inspection just switch on the ignition
     
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  16. Think he's gonna get em to fix the baffles when he takes it in for the work to be done....as they'd agreed to fix em before he bought it...

    But yeah he said was a scary moment as his bike is seriously loud at the moment...but hopefully will be sorted or if not they'll just check the stuff on the canary and not look at anything else....
     
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  17. Yeah.. I got the CANARY chitty...I gotta rectify the 3 things on the defect notice and then present it to vic roads within 14 days(13 now).. and then should be ok... Im just worried the dealer I bought it from are gona expect me to pay for new indicators as the originals are not to be found..its TOP GEAR suzuki.... now trading as "Peninsula Motorcycle" or something
    silimar..
    the three defects under the headings are as follows;
    PART OF THE VEHICLE IN NEED OF ATTENTION;
    number plate light----------- to be fitted
    rear indicators-----------------to comply with ADR's?(which I rang vic roads and they quoted me that they have to be a total length of 240mm apart from end to end)
    rear wheel-----------------to be covered (45 degrees?)

    yeah.. like he was out with his magic cops wand measuring all the requirements..NOT!....not gettin sex at home I say.... his boyfriend has him on rations...
    Ok...so I ring top gear(peninsula motors) and let them know I am bringin the bike in on saturday.. yes they are open til 2pm everybody... so rob(the guy I am dealing with).. has a suzuki plate to mount on the bike for proper indicators.. I just wana see the look on his face when I say that they are responsible for the $$$ to get it back to road worthy..since I just forked out #12,300 for the bike..I think its only fair...
    Ok..tell me.. does everybody have a rego plate light under there bike to Illuminate the reg plate at night?... coz he picked that one at 845am when he surely was havin difficulty reading my plate in broad daylight..(ballox.. can you tell Im pissed off)
    what I dont get is.. if most bikes.like my last fireblade.. didnt have a mud guard.. how can this SV1000 with its guard..be not road worthy.. so that means all you people with no mud guards have un road worthy bikes?.. at least I got the cops details.. I think I will pay him a visit at his station to have a chat and pick his brain and see how much of what he said matches up with vic roads views.. the guy at vic roads said the cop was gettin a bit technical on the angle of the mud guard and said not to bother rectifying it as they are probably not gona get a measuring tape out when they check it...OK... some feed back would be good..
    and thanks GL for posting this today for me..
     
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  18. So based on all this - what if it had been the exhaust instead, and the current owner had done the mod?

    I have been looking for ADR 39 and havent actually gotten to read the full text of it yet, but some summary documents basically say it has to be stock and well-maintained.

    Do we really live in a country (and I guess I'm asking specifically about Victoria) where a policeman has the power to cause us that much grief, the instant we fit any aftermarket exhaust?
     
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  19. I thought the limit for exhausts was 94dB, measured at half the max power of the bike (at a range of 1m? can't remember that bit).

    Mouth - the wording on the requirements of a mud guard suggest that a rear hugger could potentially be a legal option to a mud guard... if the hugger was able to prevent the wheel from flinging stuff upwards... correct?
     
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  20. I'd doubt that .. never seen a hugger that is low enough on the rear part of the wheel to stop it flinging things up and to the rear effectively. Most of them are just to stop teh rear springs and underseat getting filthy, and so are only over the wheel enough to meet that role.
     
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