Qld laws

[threedogs]

isn't it constitutional Law that one states laws are recognised by another state.
@ Bob yes I was paying attention lol
as Drewboyaus says keep your ride tidy , not that hard to do

[janderson]

isn't it constitutional Law that one states laws are recognised by another state.
@ Bob yes I was paying attention lol
as Drewboyaus says keep your ride tidy , not that hard to do

This is what I came across.

The constitution states there must be fair trade between states. I would say that a vehicle that was modified and certified as legal in one state would have to be legal in another. I would also say that the registration falls under the same constitutional law. Otherwise your registration would be void once you left the state.
The Australian Constitution of 1901 established a federal system of government, under which powers are distributed between the federal government and the states. The states and territories have independent legislative power in all matters not specifically assigned to the federal government. Where there is any inconsistency between federal and state or territory laws, federal laws prevail. Federal laws apply to the whole of Australia. So a police officer that fined you/impounded your car would be breaking constitutional law yes?
Section 18 of the Australian Consumer Law (ACL) states 'A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive'. However, the Competition and Consumer Act (CCA) is an act of the Parliament of Australia, so section 51 of the Australian Constitution (which sets out the division of powers between the federal and state parliaments) restricts the application. Section 18 is based on the corporations power (s51(xx) of the Constitution). The requirement 'in trade or commerce' creates a significant threshold issue.
Individuals may be ancillary liable for breaches of s18 if they are "knowingly concerned" in the breach (s75B of the CCA).
The prohibition on misleading conduct is set out in section 18(1) of the Australian Consumer Law:
"A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive."
Section 4(2)(a) of the CCA defines conduct as:
"...doing or refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, and understanding or the requiring of the giving of, or the giving of, a covenant;"

So I would say a government organisation that licenses a person to issue modified vehicle reports in accordance with their state laws and does not have in place forms THAT STATE “the modified vehicle report is NOT valid in any other state or territory is guilty of an offence. In other words, the government agency that fails to disclose the limitations of the certificate/contract it charges for and issues is guilty of misleading conduct. You like that!
If your vehicle is defected in NSW but certified as compliant in any other state or territory, I’d say you could sue the Australian government, local and federal for breeches of the fair trade act and for denying your constitutional rights. Not to be prejudice toward modified vehicles, the individual states and territories would have to NOT recognise any other states registrations or standards across the board. If they did, they would be guilty of prejudice behavior.

[janderson]

something else to think about. From Vic Roads

VicRoads Customer Service Hi Jeff – ADR 18/02 specifies for vehicles manufactured after January 1995 must have a speedometer that indicates the actual vehicle speed, for all speeds above 40 km/h, to an accuracy of ± 10 per cent.

[Morton]

no its not constitutional, they are trying to work a code out for all states but some states are blocking it, Queensland wants near stock vehicles, you can drive through Queensland in a NSW engineered vehicle for 35's & 4" lift & still be booked cos it is illegal in Queensland, you will need to be registered & engineered in Queensland & good luck with that one, the RMS in NSW wanted all vehicles requiring Engineering to do a brake efficiency test requiring any vehicle to be brake tested at 160kph, try to get your diesel Patrol or an 80 S LC to that speed, test failed, engineering not approved, they nearly got it in, was approved by the Lower House but sent back before it got to the Upper House thanks to Allan Hayes

[janderson]

no its not constitutional, they are trying to work a code out for all states but some states are blocking it, Queensland wants near stock vehicles, you can drive through Queensland in a NSW engineered vehicle for 35's & 4" lift & still be booked cos it is illegal in Queensland, you will need to be registered & engineered in Queensland & good luck with that one, the RMS in NSW wanted all vehicles requiring Engineering to do a brake efficiency test requiring any vehicle to be brake tested at 160kph, try to get your diesel Patrol or an 80 S LC to that speed, test failed, engineering not approved, they nearly got it in, was approved by the Lower House but sent back before it got to the Upper House thanks to Allan Hayes

So if I’m a tourist from another country travailing with my car from another country, I get a permit to travel on Australia’s roads and an international license. I still have to conform to each states regulations. Or is this different. If so then when travelling interstate then maybe we need to apply for a permit for our cars and an interstate driver’s license.

[NissanGQ4.2]

If your vehicle is defected in NSW but certified as compliant in any other state or territory, I'd say you could sue the Australian government, local and federal for breeches of the fair trade act and for denying your constitutional rights. Not to be prejudice toward modified vehicles, the individual states and territories would have to NOT recognise any other states registrations or standards across the board. If they did, they would be guilty of prejudice behavior.

Good luck with that

[NissanGQ4.2]

Thing is though, like was pointed out earlier if you keep it looking nice and tidy the cops are unlikely to pull you over in the first place.


Tip tip tip......tap tap tap....

Yes they probable won't but thats beside the point your still breaking the law.

What do you do at rego time, take of everything thats illegal or find a good mechanic that doesn't know the regs or doesn't care?

I do personally like the dodgy mechanics option but they're getting harder to finds around here as the RTA are cracking down hard on them

[B rad]

I to have been asking about lift limits in QLD legally and insurable limit is 2inch lift (suspension) 2inch body lift and 2inch bigger than factory wheel size anything else and you may have trouble words of the QLD RTA .
although I have talked to guys with 4 inch lifts( which is what I want also) and they say they don't even get looked at.

From what ive seen clean modern touring looking vehicles lifted probably get away with it but the young guys getting around with cut trays cut guards 35s muddies and probably cut exhausts to by the sound of them draw the unneeded attention.

Im in the same boat would like all this but at the same time my Nissan is my daily work vehicle so im trying to find happy medium as you may get away with it for years or the first cop or rta car to pull you over may put you off the road depending on how there day is going and I personally cant afford to do these things and come across problems.
this is why I joined thid forum to ask similar questions and see what guys do and don't get away with. will be following this post as all replies will be helpful for me also

[Drewboyaus]

Yes they probable won't but thats beside the point your still breaking the law.

What do you do at rego time, take of everything thats illegal or find a good mechanic that doesn't know the regs or doesn't care?

I do personally like the dodgy mechanics option but they're getting harder to finds around here as the RTA are cracking down hard on them

Don't need to do an annual roady in VIC. It's not an issue. Only need to do a roady when you register a vehicle (or transfer). Most mechanics won't be d!ckheads about it, especially the 4x4 specialists.
And that crap about defecting a car in QLD that conforms to another states regs. No fricken way Jose! I'll be seeing the QLD state in court for that one.


Tip tip tip......tap tap tap....

[NissanGQ4.2]

Don't need to do an annual roady in VIC. It's not an issue. Only need to do a roady when you register a vehicle (or transfer). Most mechanics won't be d!ckheads about it, especially the 4x4 specialists.
And that crap about defecting a car in QLD that conforms to another states regs. No fricken way Jose! I'll be seeing the QLD state in court for that one.


Tip tip tip......tap tap tap....

Keep forgetting you guys don't do yearly inspections...................very lucky state

Around my way the RTA have been cracking down on mechanics for passing cars that legally should not pass big time, well thats what I have heard from a few different mechs