Tyre Size THE DEBATE THE LAW

Submitted: Thursday, Nov 10, 2005 at 14:12
ThreadID: 27982 Views:9116 Replies:10 FollowUps:11
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Hello all.

Being a new member I hope i'm not wasting anyones time with the following: I have just bought a SR5 T/D Dual Cab Hilux, looking at replacing the 25570R/15 rubber with new BFG AT tyres. I have had lengthy debates with the Queensland Transpost and RACQ insurance and both ensure me that if i go above 15mm in tyre (rolling diameter) my vehicle will be deemed illegal. They also mentioned that the police are cracking down on tyre size. Just wondered what advice is out there, the only legal BFG AT tyre with some respectability although not much is a 235/75r15, what do i do? This means that most tyres on 4wdrives today are illegal.
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Reply By: Sky Pilot - Thursday, Nov 10, 2005 at 14:28

Thursday, Nov 10, 2005 at 14:28
Maybe not most, but certainly many are illegal.

The 15mm rule is correct - you'd be lucky to get one tyre size extra out of it. Strictly speaking, if you make an insurance claim and they see the illegal tyres, they can (and most likely will) drop you like a hot rock. Many owners just do it and don't worry about the consequences. The consequences of driving an illegally modified vehicle (no matter whether just illegal or very illegal) can be horrendous. If your vehicle is illegally registered, it is deemed to be unregistered. This means that your CTP greenslip style 3rd party personal insurance is non-existant. If you were in a prang and someone is hurt or worse, you are up the well know creek without a paddle. Not to mention you are out by the cost of repair or replacement of your own and possibly other's vehicles and or property as well as paying fines for driving an illegally registered vehicle, etc. The insurance company can also call it fraud if they feel you have not met your obligation of disclosure in the insurance contract. All to get slightly larger tyres. I think the authorities have won this one.
AnswerID: 138804

Reply By: Member - David B (QLD) - Thursday, Nov 10, 2005 at 14:33

Thursday, Nov 10, 2005 at 14:33
Hi T/D,
i would complain to Toyota. In asia and in England SR5's come standard with 265/70/16 tyres i think. I have 31/10.5r/15's on mylux.
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Reply By: Turbo Diesel - Thursday, Nov 10, 2005 at 14:42

Thursday, Nov 10, 2005 at 14:42
Skypilot & David B

Thanks for the advice, Skypoilot can't agree more with you for the sake of a bigger tyre it is not worth it, Hilux's suffer from weak running gear anyway so maybee the smaller tyre is the better option.

David like the lux mate looks great, i have a mate who ahs done exactly what you have done 31 x 10.50 BFG AT. However the law in queenslannd says thats illegal, I don't know if i could sleep at night worrying about the stupid tyres and someone suing me etc. I agree with the suing off Toyota it is totally frustrating what they have done, i'm positive Toyota got sick of complaints about front axels and diffs snapping due to oversized tyres, us aussies know how to treat cars rough. Maybee a future model may come out with bigger tyres untill then I think we are cornered.
AnswerID: 138811

Reply By: Member - Phil G (SA) - Thursday, Nov 10, 2005 at 15:26

Thursday, Nov 10, 2005 at 15:26
All this rubbish may soon become a thing of the past.

Read
http://www.dotars.gov.au/transreg/vsb/PDF/NCOP11%20Section%20LS%20Suspension%20and%20steering%2019sept2005.pdf
as it looks like you may have missed a post below. Looks like we'll have a 50mm rule instaed of a 15mm rule.

Cheers
Phil
AnswerID: 138822

Follow Up By: Scubaroo - Thursday, Nov 10, 2005 at 15:34

Thursday, Nov 10, 2005 at 15:34
The relevant text - I didn't believe this until I found it:

"The rolling diameter of any tyre fitted to a passenger car or passenger car derivative must not be more than 15mm larger or 26mm smaller than that of any tyre designated by the vehicle manufacturer for that model.

The rolling diameter of any tyre fitted to an off-road passenger vehicle or a commercial vehicle must not be more than 50mm larger or 26mm smaller than that of any tyre designated by the vehicle manufacturer for that model."

So an OFF-ROAD passenger vehicle may have an increase of up to 50mm!

BUT, this is out of the National Code of Practice - is it law? State by state? Will insurance companies be forced to recognise it?
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Follow Up By: Turbo Diesel - Thursday, Nov 10, 2005 at 15:48

Thursday, Nov 10, 2005 at 15:48
Sounds good, OFF ROAD Passenger vehicle to legally have increase up to 50mm, but i agree with the question is this legall, do the states individual transport authorities view this as legislation. Thanks for the info Phil and Scubaroo, but we need to find out if it is legall?
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Follow Up By: Member - Phil G (SA) - Thursday, Nov 10, 2005 at 16:02

Thursday, Nov 10, 2005 at 16:02
At the moment, I believe that State laws override the Commonwealth laws, which is why we have different tyre laws for each State. I really hope this document becomes adopted by all the States, so we have simple rules across the country, and they are sensible. I think its still a DRaft document at present.

And just as an aside, I don't believe that anyone has ever been pinged for being 30mm over with a 4wd tyre.

Cheers
phil
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Follow Up By: Sky Pilot - Thursday, Nov 10, 2005 at 16:03

Thursday, Nov 10, 2005 at 16:03
The operative word here isproposed. These are only for discussion right now and have to be agreed to and adopted by all statutory bodies. I personally hope they get through. It also includes a maximum 50mm body lift plus spring lift plus up to 50mm more tyre diameter providing the whole shebang does no exceed a total of 150mm higher than standard.BUTit will have to be engineer approved.
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Follow Up By: Truckster (Vic) - Thursday, Nov 10, 2005 at 20:01

Thursday, Nov 10, 2005 at 20:01
They have been talking of national rules for 15 years.

Dont get excited yet fellas...

It will go thru each states governing body 100 times in the next 10 years, be argued against/for each time, then modified, then they will bring out Draft # 19048023984023948.b-s1 and then and only then *MAY* it happen.

By the time it happens,there will be no oil left.
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Reply By: flyology - Thursday, Nov 10, 2005 at 15:35

Thursday, Nov 10, 2005 at 15:35
Have look at the tyre/wheel fitment sticker on the vehicle, it is usually on an edge of the drivers door, or on the body frame around the drivers door. says what tyres were available for the vehicle. If 16" wheels were an option on your vehicle, then you can go to the same diameter, or what is legal over that.

The crack down on tyres (as far as I am aware of) is mainly the guys in the minitruck area, basically hotted up 2x4 hilux/rodeo/courier etc. utes. They are getting pinged for fitting 17" and above rims, with low profile tyres that are not light truck rated.

As long as your 'lux doesn't look like a monster truck, is roadworthy and you drive sensibly, you should not have any problems with the law.
AnswerID: 138825

Follow Up By: warthog - Thursday, Nov 10, 2005 at 15:46

Thursday, Nov 10, 2005 at 15:46
It is not the tyre placard but 15mm larger than what is listed in the handbook as fitment for that vehicle. My tyre placard says 265/70r16 but the owners manual lists 245/85r16 as fitment on some models. So it is 15 mm larger than 245/85.
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Follow Up By: Turbo Diesel - Thursday, Nov 10, 2005 at 15:51

Thursday, Nov 10, 2005 at 15:51
Just out of curiosity I don't have my handbook on me for 2005 SR5 Hilux, i don't suppose anybody reading knows what the tyres specified are for a hilux sr5 2005 in the handbook???
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Reply By: flyology - Thursday, Nov 10, 2005 at 16:18

Thursday, Nov 10, 2005 at 16:18
I would beg to differ about the handbook issue. How are the authorities going to check? The tyre and rim fitment guide for the vehicle is what police will check, not your handbook. If it were the handbook all you would have to do is swap it with another handbook........

I have just got off the phone with a colleague from Cairns Traffic Branch. He said that your tyre size is determined by the fitment chart/sticker on the drivers door or frame, definitely not the handbook. He was not too sure on the size increase in tyres for 4x4's, as the main concern is the hoons in the "mini truck" brigade. These vehicles are "NA" rated on complience, basically they have restrictions on them as they are load bearing vehicles.

I would suggest that you can go 50mm over the largest tyre diameter listed on the tyre fitment chart.
AnswerID: 138829

Follow Up By: Turbo Diesel - Thursday, Nov 10, 2005 at 16:26

Thursday, Nov 10, 2005 at 16:26
Flyology

Could you kindly ask your mate in the traffic branch about increse in rolling diameter, thanks for your help with the handbook, i agree a 100% with you, i love your suggestions of 50mm over but i don't think QLD transport do!
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Reply By: flyology - Thursday, Nov 10, 2005 at 17:13

Thursday, Nov 10, 2005 at 17:13
I am pretty sure that federal law over-rules state law, if it didn't why would we have a federal government, they would have no power to do anything, as all of the states would be able to say no......

I think the main point of concern would be with your insurance company, not getting a ticket. Maybe send them a copy of the PDF document that was posted, and see what there view is.....

Either way if you disclose it to them that you have fitted the wheels and tyres and they accept that on the application, you should be ok.

I will get in contact with said mate again and see what he can find out, but I remember from somewhere 50mm is right for 4x4's.

just remind me with an email after Wednesday, that is when I am back at work.

AnswerID: 138835

Follow Up By: Truckster (Vic) - Thursday, Nov 10, 2005 at 20:03

Thursday, Nov 10, 2005 at 20:03
You would think Fed over state, but it aint always the case.

"Either way if you disclose it to them that you have fitted the wheels and tyres and they accept that on the application, you should be ok."

If your car is unroadworthy, it doesnt matter what they have accepted.

15mm is the rule for 4wds at the moment.
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Follow Up By: Patrol22 (Queanbeyan - Friday, Nov 11, 2005 at 10:51

Friday, Nov 11, 2005 at 10:51
Federal legislation will only prevail over State legislation where the Constitution gives the power. Of course in areas where the States have passed enabling legislation for a Federal statute - the Federal law will prevail in cases of conflict.
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Reply By: Truckster (Vic) - Thursday, Nov 10, 2005 at 20:10

Thursday, Nov 10, 2005 at 20:10
Why not fit bigger tires and get the truck re-engineered and a mod plate fitted?
AnswerID: 138861

Reply By: flyology - Thursday, Nov 10, 2005 at 20:57

Thursday, Nov 10, 2005 at 20:57
Turbo diesel, a mod plate would be the go to keep you legal, however let me check with the relevant authorities and get a definite answer before you fork out a few hundred dollars. In the mean time, go to a REPUTABLE tyre place, and tell them what you want, then ask if it is legal. Also see a reputable 4x4 mechanic that does roadworthys and get their opinion.

The problem we have here is there is input from a number of states, and these states vary in legislation. I remember years ago you could put a V8 into an LC-LJ torana in Vic and/or NSW. No way would QLD let you do it and register it. The dilema is not that bad in this situation, but, it makes you wonder if your insurance will cover you in another state......

If you have an agreement with your insurance company, and you have notified them you have XYZ tyres, then I would think it would be ok, but get in writing or recorded....

As for Queensland transport................... most of the would not be able to tell the difference between their @rse and the elbow, Unless you have spoken to someone that actually does vehicle inspections.

I will get back to you as soon as I can with an answer.
AnswerID: 138868

Follow Up By: Sky Pilot - Thursday, Nov 10, 2005 at 21:10

Thursday, Nov 10, 2005 at 21:10
All you need to do is ring the relevant section of your State Authority. It is the RTA in NSW, not sure what it is called in other states. Ask to speak to one of the engineers and tell them what you want to do and ask them if it is legal or if you can get an engineers certificate to cover it. Each state publishes a list of certifying engineers - there is one somewhere on the RTA's website. I have seen it. Ring one of them. They are the ones that have the power to certify mods and make them legal, but they must comply with a certain code and they will not get anything certified.

Years ago, I put a back seat in a Daihatsu Diesel 4WD and I had to have it certified. It turned out that the certifying engineer was someone I went to school with and I got it done for a slab of beer and a few visits to his house. He also loaned me the ADR's and made me do the drawings to show whether the seat belt mountings could be legally done in the confines of the space. He agreed with it, I had it done and he inspected the welds, mountings, etc. Then the bastard at the RTA tried to tell me it was illegal and he wouldn't regsiter it, despite my engineering certificate. He said that in the case of fire, the people in the back seat could not get out. I countered that with "Then in that case, all mini minors are illegal too. He reluctantly registered it. I told the engineer who said that the guy hated him and probably read his signature and decided to make a statement.
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Reply By: Turbo Diesel - Friday, Nov 11, 2005 at 10:16

Friday, Nov 11, 2005 at 10:16
Thanks to all.

Everyone hates the tye subject we know, but some of us just get led up a well know creek by tyre companies and dealers, for example a well known "you wouldn't understand its a .... thing" dealer puts tyres on all models from the factory at customer request, this particular company also fitted 31x10.5 BFG AT to a 2003 V6 SR5 Hilux, however the car owner could not get this tyre fitted by the local tyre dealer as he said it was illegal, so who is correct and who is wrong. The point being the authorities as a whole seem to ignore the tyre issue as do the insurance companies, however it might be me or you that they first come after, who wants to take that risk??

Thanks to all for their advice.
AnswerID: 138938

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