Big Lap Travelling Tips

“It is legal in all States when travelling if its legal in State of rego.”

In practice this is usually the case, however another State authority is not legally bound to recognise another State’s approval.

There was an instance reported on here a few months back where a Queensland Police officer defected a car that was in excess of the OEM’s GVM, despite having a NSW approval for the upgrade.

I was always of the same opinion as you, but looked into it further after reading the report and it is the case, they do not have to recognise another State’s modification approval.

Having said that, I have a Lovell’s GVM upgrade that is approved for fitment in all Australian States, so whilst I am exposed to being defected in another State (other than NSW) it would never stick – but would be a huge inconvenience at the time.

In practice, occurrences would be rare – but just highlighting!

Cheers, Baz – The Landy

Baz,

Have you had the GVM on your rego certificate altered to reflect the new GVM?

Cheers

Frank

Hi Frank,

Yes...

Baz

Thanks Baz,

As have I. We are required to carry the original engineer's certificate in the vehicle at all times, and I also carry a copy of the rego certificate.

I was just wondering, if the GVM on the certificate has been altered by the rego authority, and the mechanism by which it was done is also recorded (engineer's certificate numbers, etc also on the rego certificate) and you're within the new weight limits of your vehicle, and you're carrying the evidence of the legal modification, how is it that Plod can give you a roadside defect?

It doesn't make any sense unless you accept that any copper can exceed his/her authority and you just have to suck it up.

If that is the case, how have the authorities got us into this position on this issue?

I despair!

Cheers

Hi Frank

Good points you raise, the problem is that post-first registration modifications are certified by the Roads Authority in that State.

There is no obligation for one State to recognise another State’s approval.

So the police, in another State other than the State of registration, can potentially defect your car and require that you comply with the original GVM.

This is where is becomes “tricky”. Most reputable firms offering GVM
modifications (eg. Lovell’s) have approvals for all States, so whilst the modification could easily be certified in any State it still remains that unless it has been certified in the State you are driving in the risk of a defect remains.

Now in practice, I have only heard of one example of this occurring and it was reported on this forum earlier this year and prompted me to investigate this further. Apparently, a police officer defected a NSW or VIC registered vehicle with an approved post-first registration GVM upgrade and required the vehicle weight be reduced to the OEM’s GVM to allow it to be driven

This ended in court and it was dismissed…

The upshot, you can’t stop the police for defecting it no matter how much paper work you have – the reality is it is most unlikely to ever occur.

I certainly don’t bother myself with it, but it is worth being aware of the possibility.

And can I caveat this by saying that I have spoken to an authorised signatory approved to sign modifications and they confirmed that in theory, yes, technically they would be within their rights - but as with all things registration and modification, speak to 10 different people, and you'll get 10 different answers!

Cheers, Baz

"So the police, in another State other than the State of registration, can potentially defect your car and require that you comply with the original GVM.
This is where is becomes “tricky”. Most reputable firms offering GVM
modifications (eg. Lovell’s) have approvals for all States, so whilst the modification could easily be certified in any State it still remains that unless it has been certified in the State you are driving in the risk of a defect remains."

The crazy thing is, my engineers certificate specifies that the kit used (it is named) was the Lovells kit that is covered in their Second Stage Manufacturer's Compliance plate approval No 47037. (The one that DOTARS accepts for pre first rego GVM upgrades). Handling and braking tests were conducted and all ADRs continue to be met, yada, yada, yada.

I imagine yours is similar, and hopefully the OP's ARB kit and certificate.

The after rego upgrade is EXACTLY THE SAME as a pre first rego upgrade, and yet they can play silly buggers.

A pox on all the houses that created this crap.

Cheers

I think ridiculous covers it!

I did look to see if I could find that thread I mentioned but can't remember what it was...

Mind you, as I understand it ended up being tossed out for the very reasons you highlight.

But it does highlight, a police officer could defect a vehicle and the onus is then on you to counter-it and it all becomes inconvenient roadside when you get the defect...whether right or wrongly so.

Cheers, Baz

Most of the time, attitude when dealing with a police officer goes a long way. Then again, a few, in the minority, just get off on giving you aggravation.

Take it to an inspection station where you are and send the documentation to NSW with large amounts of money.

The best place to get the true answer is by ringing the NSW TMR and asking them I would think

I have asked NSW RMS just this question.

1 You have to make sure you get a reminder in plenty of time, or that you remember. You need a month or so, depending on your travel circumstances.

2 Obtain your rego renewal papers.

3 Organise your CTP (green slip)

4 Take everything to a place that is approved to do roadworthiness/vehicle safety inspections in whatever state you're in (WA) and obtain a satisfactory report. NSW RMS will accept their report as long as their report would be acceptable to your host state's (WA's) authorities.

5 Find out how NSW RMS would like to be paid - ie, cheque with the documents, bank cheque, direct debit, credit card after receipt of documents, whatever. I'd do a bank or personal cheque with your papers because normally they want the money at the same time they're processing the documents.

6 Post your rego, CTP and roadworthiness report to NSW RMS and follow their payment instructions.

You can see why you need to give yourself plenty of time.

Cheers

Guys,

thanks for the advice, I wonder if the fact that both the Car and the Van have upgrades (GVM and ATM) that have been certified but only noted on the rego papers not the Compliance plate will be my undoing??

Gazza

I had a post first rego GVM upgrade done to my BT50. I took the engineers certificate and the rego papers to my local NSW RMS and had them amend the GVM on the rego certificate, together with the RMS reference number for the engineer's report.

I don't know how different that is to your "noted on the rego papers".

As you're not re-registering in another state, just renewing in the state of rego, you should be ok.

It would be advisable to search and get the regulations on this - I think it is in DOTAR's on-line stuff, and there are threads on this forum that contain the references, I think.

I would take a copy of the engineer's certificate with you to the inspection in case you're asked for it. Always keep the original, which according to the rules should remain in the vehicle.

Cheers