Queensland Traffic Act - Inspecting cars on trailers and other things

[myliberty]

as above, if you are going to all that trouble, what's 4 extra screws to take plates off going to make you late?

[Billzilla]

If you want to keep plates on it, you need to make an effort.
I understand what you're saying, but if its a racecar that gets trailered to tracks and clearly isn't close to legal, why have rego on it?

So what about something like my Fraser? It's halfway between a racing car and a road car and registered.
When I take it to the track next time it'll be on a trailer, the reason being that it's a 'just in case it breaks down'.
It's a very grey area but again my point is that people are trying to do the right thing and not drive their car to/from events. They may well change the exhaust or whatever for regular road use when not trailering it.

[Go Fast]

A lot of talk about modified registered cars but how can they be looked on in a different context to a damaged registered car?

For example I have a crash and damage the front end. The car then isn't fit to be registered in its current state. How do I then move this car to be repaired? Trailer with plates on? Tow truck? Seems like two very different rules.

What if my car trailer is enclosed & locked? What power/warrant do the have to inspect what's in there? Suspicion of drugs/weapons and then find a defective race car?

[Billzilla]

A lot of talk about modified registered cars but how can they be looked on in a different context to a damaged registered car?

For example I have a crash and damage the front end. The car then isn't fit to be registered in its current state. How do I then move this car to be repaired? Trailer with plates on? Tow truck? Seems like two very different rules.

Exactly. It seems quite hypocritical.

What if my car trailer is enclosed & locked? What power/warrant do the have to inspect what's in there? Suspicion of drugs/weapons and then find a defective race car?

Yes they can.

[0x2DLVR]

And what if you car has been engineered & is legal, but for a show or race weekend you put open pipes, full slicks or something else "illegal" on it, trailer it to & from the event, with the intention of returning it to the legal state after you get it home? If the car is being trailered in that condition & cops a defect, you'd be pretty pissed off no?

I'm not saying they are correct in doing it. I'm saying what they use to justify doing it. All we all have to do these days is work around their craziness. And if that is installing open pipes, full slicks, methanol putting on a trailer then removing plates and rego label not to get screwed is a small time waster that is a bit time saver in the end.

[Go Fast]

What if you remove plates and rego sticker and they plug your VIN into the computer - find car is registered.. You get fined for not displaying number plates and/or rego sticker?

[0x2DLVR]

A lot of talk about modified registered cars but how can they be looked on in a different context to a damaged registered car?

For example I have a crash and damage the front end. The car then isn't fit to be registered in its current state. How do I then move this car to be repaired? Trailer with plates on? Tow truck? Seems like two very different rules.

What if my car trailer is enclosed & locked? What power/warrant do the have to inspect what's in there? Suspicion of drugs/weapons and then find a defective race car?

It's not two different rules it's the same rules they just only choose to apply those rules to the cars that have the media coverage of killing babies (well at least this is how they carry on)

[Billzilla]

What if you remove plates and rego sticker and they plug your VIN into the computer - find car is registered.. You get fined for not displaying number plates and/or rego sticker?

That's the other reason why I strongly recommend locking it up and hiding the keys very well. Can't get under the bonnet, can't see the VIN.

[0x2DLVR]

What if you remove plates and rego sticker and they plug your VIN into the computer - find car is registered.. You get fined for not displaying number plates and/or rego sticker?

Don't need to display if not on a road. And I don't see them bothering to take down a VIN for an unregistered car. They can't make you lift the bonnet to get a VIN on a trailered unregistered car anyway.

[myliberty]

You assume VIN is same on car and rego papers. It's always at least one digit out. Honest mistake.

[Jaz_ej20]

What about if the only reason my modified track car is registered because i use it for hill climbs on public roads? Its not modified to the extent that its far from legal, but not modified enough to go onto (in tassie) Special interest rego?

[Madhatr]

(b) has been stopped under section 31 or 32; or
(c) is in a place an authorised officer has entered under section 26.

So what is in section 26 and 32 then? Seems like you are kind of just taking parts of the act and ignoring the rest?

edit: This might be why?

(2) An authorised officer, without the occupier's consent or a warrant, may—

(a) enter a public place when the place is open to the public; or

(b) enter the land around premises to ask its occupier for consent to enter the premises.

Under 26, entry to places, we find the above. The side of the road could be defined a public place couldn't it? There is also this section above it which could potentially be used, given the current state of hysteria around modifications, etc.

(d) for a place other than in a dwelling house—

(i) the officer reasonably believes—

(A) a vehicle is for sale in the place; and

(B) the place is open for entry to anyone interested in purchasing the vehicle; and

(ii) the entry is made between sunrise and sunset; or

(e) the officer reasonably believes a dangerous situation exists in the place and it is necessary for the officer to enter it to take action under section 161N to prevent the danger.

Looks like the requirements might be for a vehicle to be advertised as for sale though? but seriously, what guidelines do they have surrounding "belief" as far as officers go though? Is it just so clear that if they believe something to be the case which turns out to be incorrect, does that void any rights they might have had under the act?

This all kind of reads like it's part of the act in place for transport inspectors not police officers though.

It gets a little more interesting further down the act too actually;

34 Power to inspect vehicles

(1) This section applies to a motor vehicle that—

(a) is stationary on a road; or

(b) has been stopped under section 31 or 32; or

(c) is in a place an authorised officer has entered under section 26.

Even though it is trailered, it might still come under the definition of stationary. Section 26 might be an issue again as it covers grounds for public places, which from limited experience I have with the definition of "places" doesn't actually have to be a physical building. Given the outline above, it is possible they could get around the stationary requirements by stopping the towing vehicle for something like an RBT?

It also gets a little interesting here too.

(2) To check whether the vehicle complies with a transport Act, an authorised officer may inspect or test it.

(3) To enable the officer to inspect or test the vehicle, the officer may do anything reasonable to be done for the inspection or test.

Examples of what may be reasonable for an inspection or test—

The officer may—

(a) enter the vehicle; or

(b) unlock, unfasten, open or remove any part of it; or

(c) move its load.

If they believe an offense has occurred, looks like they can move it's load. So by that understanding could they potentially be able to shift your car off your trailer to inspect the tow car, which makes the towed vehicle stationary on a public road, giving the right to inspect?

[Billzilla]

So what is in section 26 and 32 then? Seems like you are kind of just taking parts of the act and ignoring the rest?

I've linked to the full list of sections so you can look if you like.
But Section 32 is for heavy vehicles and 'entering a place' is when they go into a garage or shop to inspect stuff, including cars, etc.

[260BC]

And what if you car has been engineered & is legal, but for a show or race weekend you put open pipes, full slicks or something else "illegal" on it, trailer it to & from the event, with the intention of returning it to the legal state after you get it home? If the car is being trailered in that condition & cops a defect, you'd be pretty pissed off no?

That's the point, you are trailering it because it is temporarily not legal. The same as trailering a car that has broken something which makes it temporarily not legal to drive on the road. If I get done in either of those situations I will contest it.

[myliberty]

What about if the only reason my modified track car is registered because i use it for hill climbs on public roads? Its not modified to the extent that its far from legal, but not modified enough to go onto (in tassie) Special interest rego?

Legal doesn't have a lot of far or near to it. Unfortunately, it's pretty black and white. You either comply with the act/regulations or you don't.