Fined for no rear seats and a storage unit in a 4b!

Submitted: Tuesday, Dec 06, 2005 at 10:06
ThreadID: 28640 Views:6021 Replies:16 FollowUps:30
This Thread has been Archived
From 4wd Vic
http://www.fwdvictoria.org.au/newsletter/currentenews.pdf

Removal of Car Seats

It is with the greatest concern that it has been reported that a club member was fined by Victorian Police for having a storage system in the rear of his truck.

Members are advised to download the report on this issue from the Association website and keep the report in their glove box. In the event that a member gets pulled over, provide the report to the police officers, obtain his or her name and number, note the date and location and provide the information to Brian Cox at the Association office.

The Association is taking the matter up with Vic roads and Vicpol to obtain clarity and direction. It is clear that removing seats does not change the engineering of a motor vehicle inmost cases. A further report will be provided as the issue develops
Back Expand Un-Read 0 Moderator

Reply By: flappa - Tuesday, Dec 06, 2005 at 10:19

Tuesday, Dec 06, 2005 at 10:19
Truckster , is it ok , to use this on other forums ?

Would be of major interest to a lot of people , and this type of thing also happens in QLD.
AnswerID: 142576

Follow Up By: Truckster (Vic) - Tuesday, Dec 06, 2005 at 10:32

Tuesday, Dec 06, 2005 at 10:32
yea go for it.. dont see why not.

More people that know to download the form the better
0
FollowupID: 396098

Reply By: blown4by - Tuesday, Dec 06, 2005 at 10:22

Tuesday, Dec 06, 2005 at 10:22
In WA you can get around that problem by getting a Modification permit for reduced seating capacity. All that is required is payment of the $31.00 fee and an inspection of the affected area of the vehicle. Removal of the seatbelts for the seats that have been removed would also be required. The reason a permit is needed is that you are changing the designed seating capacity, as designated on the vehicle compliance plate, from that specified by the vehicle manufacturer.
AnswerID: 142577

Follow Up By: Nudenut - Tuesday, Dec 06, 2005 at 10:30

Tuesday, Dec 06, 2005 at 10:30
and when you want to sell the car,...you'll most likely want to fit the extra seats back in....what will they want to get this approved, an Engineers Report, i reckon!
0
FollowupID: 396097

Follow Up By: Truckster (Vic) - Tuesday, Dec 06, 2005 at 10:33

Tuesday, Dec 06, 2005 at 10:33
You can get an engineers in Vic for few $100!

But whats the issue??? with the 10's thousands of 4bs round they would clear the national debt!
0
FollowupID: 396100

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 10:36

Tuesday, Dec 06, 2005 at 10:36
This is something I have mentioned a number of times , and was recently shot down in flames by some pratt on this board.

An engineering cert isn't required when you are just reinstalling what has previously been there. Its just a simple certificate to say they have been reinstalled correctly , correct bolts etc.

In QLD at least , its exactly the same as what you do to take them out. Its not a full on Engineers Cert.

In NSW, ACT, and QLD , they all said the same thing , its to do with the ADR's and compliance Plate , nothing to do with engineering and safety of the vehicle.
0
FollowupID: 396103

Follow Up By: Nudenut - Tuesday, Dec 06, 2005 at 10:43

Tuesday, Dec 06, 2005 at 10:43
Flappa, as one would have been approved to have them out, I would have thought they would make one be approved to have them replaced ?

its all bull to me...hahaha...
only hope they dont look in my criuser...just because I have a cargo barrier i will swear i have only taken them out on a temporary basis...wonder if they'll believe me?
0
FollowupID: 396105

Follow Up By: Truckster (Vic) - Tuesday, Dec 06, 2005 at 10:46

Tuesday, Dec 06, 2005 at 10:46
I cant see why removing the seats is an issue, nothing structurely is changed.. just where 3 more people fart.
0
FollowupID: 396107

Follow Up By: Nudenut - Tuesday, Dec 06, 2005 at 10:54

Tuesday, Dec 06, 2005 at 10:54
Truckster, Vic roads appear to agree
This is extract from the link you posted....

"This issue has been blown out of all proportion. There is no reason seats that are designed to be removable cannot be removed. Doing this DOES NOT alter the seating CAPACITY of the vehicle."

and also this.......

"Seating capacity is defined by the Australian Design Rules as the maximum number of seating positions for which the vehicle is DESIGNED - ie not the number of seats actually fitted at any point in time."

so its OK then isnt it.
0
FollowupID: 396111

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 10:56

Tuesday, Dec 06, 2005 at 10:56
Nudenut.

Removal ISN'T an engineering matter , all its doing is changing the compliance plate that says it was a 7 seater to a 5 seater.

When you replace them , its a similar thing , provided you replace exactly what you remove.

Again , its not really engineering , other then ensuring everything is as it should be , including , correct bolts etc , and then changing the Compliance plate.

Thats what was told to me by a QLD Tech.
0
FollowupID: 396113

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 10:59

Tuesday, Dec 06, 2005 at 10:59
Quote:

This issue has been blown out of all proportion. There is no reason seats that are designed to be removable cannot be removed. Doing this DOES NOT alter the seating CAPACITY of the vehicle."

and also this.......

"Seating capacity is defined by the Australian Design Rules as the maximum number of seating positions for which the vehicle is DESIGNED - ie not the number of seats actually fitted at any point in time."

Nudenut , its the COMPLIANCE plate , that is the problem.

Have a look at it , and it says it has 7 seats . . . if it doesn't have 7 seats , its doesnt comply with the compliance plate.

If a vehicle doesn't comply with its compliance plate , its not roadworthy.

As crap a rule as it is . . . Its still a rule.
0
FollowupID: 396114

Follow Up By: Nudenut - Tuesday, Dec 06, 2005 at 11:04

Tuesday, Dec 06, 2005 at 11:04
Flappa, not sure if one needs to get approval or reclassified for these temporary changes...am i reading this wrong?

"Removing seats, where no tools or only simple tools are needed, where no structural modifications are involved; no change in vehicle category and no commercial gain is sought; does not need approval and so is not committing an offence. No AVSR is affected nor are any ADRs breached.

No approval is needed and no seating change plate is issued where temporary changes are made."
0
FollowupID: 396118

Follow Up By: Member - JD - Tuesday, Dec 06, 2005 at 11:09

Tuesday, Dec 06, 2005 at 11:09
Hi All,
In my opion,it appears to me that this lad in blue fits into the "hate 4wd catorgory", how poultry!,removal of a seat...that doesn't alter structual integrity of a truck..pure money raising marlarky...no wonder theres so much mistrust, when all they appear to do is book you for stupid little things that don't hurt anyone...but if memory serves me correct this compliance plate thing started 30 years ago....so 30 years set in concrete how much chance do we have now!
JD
0
FollowupID: 396121

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 11:12

Tuesday, Dec 06, 2005 at 11:12
No , "temporary" seems to be fine.

When I first spoke to QLD , they didn't have "temporary" it was ANYTIME.

I then spoke to NSW who laughed at QLD , and said , No temporary is fine , Its permanent removal that concerns them.

I then rechecked with QLD a few months later , and suddenly , they DID have temporary , and Permanent was the problem.

The discussions I had with them though was . . . what was temporary and what was permanent.

No one would give me an actual timeframe for temporary , ie week , month etc.

It was simply left as , The time taken for a trip. Problem becomes , what about a 6 month trip ?

The other issue is about Permanent. Fitting a cargo barrier and a draw system can hardly be considered a "temporary" removal is it ?

I can only go on the two examples I'm personally aware of. My old man has the rear seats removed from his Maverick , and basically a home made wooden platform , no cargo barrier , all easily removed . . . They didn't worry about him. His mate who has a Fully kitted out GU , WITH cargo barrier and draw system , HAD to have his changed to get through rego. Both are NSW.
0
FollowupID: 396122

Follow Up By: Nudenut - Tuesday, Dec 06, 2005 at 11:33

Tuesday, Dec 06, 2005 at 11:33
take a 100 series cruiser 8 seater....
the dealer would perferably like it to be 8 seater if I traded it in...so the cargo barrier will come out and the back seats re-fitted...this will ensure I get maximum trade-in.....its a 4 yrs or so temporary removal....
0
FollowupID: 396125

Follow Up By: Truckster (Vic) - Tuesday, Dec 06, 2005 at 11:59

Tuesday, Dec 06, 2005 at 11:59
its just a bitch to get all them breadcrums out.
0
FollowupID: 396131

Follow Up By: Nudenut - Tuesday, Dec 06, 2005 at 12:03

Tuesday, Dec 06, 2005 at 12:03
its the kids.....and dont forget their lollies....
0
FollowupID: 396133

Follow Up By: Member - Davoe (Widgiemooltha) - Tuesday, Dec 06, 2005 at 22:32

Tuesday, Dec 06, 2005 at 22:32
I know for a FACT pigs have got better things to do although after watching 2 highway patrol baconers sitting trying to ping people not doing 50 along an area with parkland either side nothing surprises me. I assume this would also affect troopies with the longatudinal seats removed and decked out
0
FollowupID: 396215

Reply By: Member - Omaroo (NSW) - Tuesday, Dec 06, 2005 at 10:53

Tuesday, Dec 06, 2005 at 10:53
Pardon - but isn't this the responsibility of the 4WD drawer systems manufacturers to tell us? In my mind, they should make the effort to inform us in legal terms what the ramifications of installing their systems in our vehicles are in each state.

Again - there are so many accessory manufacturers out there (and I'd have to say ALL OF THEM) that make very little effort to deter you from buying one item or another depending on legality. Funny about that.
AnswerID: 142581

Follow Up By: Truckster (Vic) - Tuesday, Dec 06, 2005 at 10:55

Tuesday, Dec 06, 2005 at 10:55
As you say, killing their own business wouldnt be a smart thing to do!
0
FollowupID: 396112

Follow Up By: Member - Omaroo (NSW) - Tuesday, Dec 06, 2005 at 10:59

Tuesday, Dec 06, 2005 at 10:59
The next fine I get for something like this will be forwarded straight to the manufacturer - along with an affidavit.
0
FollowupID: 396116

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 11:06

Tuesday, Dec 06, 2005 at 11:06
But Why ?

Ignorance is not a defence , and nor are they illegal.

You can buy technically illegal tyres easily ?

OK , so you may need a Certificate to allow "legal" fitting of a draw system.

It seems pretty clear to me , different states have different ideas (how unusual)

Look , dont get me wrong , this whole thing is a crock of crap , but , again , clearly enough , it IS being enforced at times.
0
FollowupID: 396119

Reply By: Nudenut - Tuesday, Dec 06, 2005 at 10:58

Tuesday, Dec 06, 2005 at 10:58
It appears to me that this issue is either a misnomer or overzealous cop

"Rule 32 of the AVSRs states that "any seat in a vehicle must be securely attached". There is no requirement that a seat must be permanently attached where removal would require more than simple hand tools."

AnswerID: 142584

Follow Up By: geocacher (djcache) - Tuesday, Dec 06, 2005 at 23:18

Tuesday, Dec 06, 2005 at 23:18
Gees couldn't be that the ar$ehole in the 4wd fired the copper up. That wouldn't happen.

Some people invite trouble upon themselves too.

I'm not saying it was the case, just that it could have been.

Dave
0
FollowupID: 396230

Reply By: Ray Bates - Tuesday, Dec 06, 2005 at 11:38

Tuesday, Dec 06, 2005 at 11:38
vWhen I baught my 80 series from a Toyota dealer some seven years ago there were no third row seats installed but there was a cargo barrier behind the second row so if there were a third row they could not have been used safely as the vehicle is fitted with the tailgate system and it would have been very difficult for people to get in and out of the vehicle if not impossible
AnswerID: 142592

Follow Up By: Truckster (Vic) - Tuesday, Dec 06, 2005 at 12:00

Tuesday, Dec 06, 2005 at 12:00
Its illegal to have someone sittin behind the cargo barrier. :)

This is what gets me lost. its illegal to sit behind one, but its also illegal to remove seats in some states. how can ya win
0
FollowupID: 396132

Reply By: Diamond (Vic) - Tuesday, Dec 06, 2005 at 12:20

Tuesday, Dec 06, 2005 at 12:20
i was told bye the vic roads tester when i got my roadworthy licence it IS legal to remove seats infact all seats can be removed except the drivers seat so long as theres nothing to hit or damage your self in an accident.eg remove the seats but leave the runners in ect.
cheers
AnswerID: 142596

Reply By: RenoRXGQ - Tuesday, Dec 06, 2005 at 12:50

Tuesday, Dec 06, 2005 at 12:50
just checked with RTA NSW.They confirmed it does not affect the roadworthiness by simply removing third row of seats.
In fact they have vehicles with similiar setups. Cargo barriers are part of OHS policy.
AnswerID: 142597

Reply By: glenno(qld) - Tuesday, Dec 06, 2005 at 13:17

Tuesday, Dec 06, 2005 at 13:17
In qld can i get a cargo barrier installed and leave the rear seats in . Do i have to take the rear seats out when i install a cargo barrier ?
AnswerID: 142605

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 13:18

Tuesday, Dec 06, 2005 at 13:18
No , you can leave them in , just cant use them.
0
FollowupID: 396137

Reply By: Terryfirma - Tuesday, Dec 06, 2005 at 14:10

Tuesday, Dec 06, 2005 at 14:10
Here is the link to the article re Removing seats

I have a copy permanately in the glove box.

The Australian design Rules states the compliance plate shows the maximum number of seating positions for the vehicle ie 5 ,7 , etc. Not the number of seats actually fitted. Therefore if you have all seats fitted ( ie 7 ) and you squeeze 8 in the vehicle then your in trouble. Likewise if you take two seats out and have 5 seats with 5 people seated --no problems.
It's all about a bum on a seat regardless of the number.
If and when I sell my vehicle, the drawer system and cargo barrier will come out and the two seats will go back in.

Regards

Terry
AnswerID: 142609

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 14:33

Tuesday, Dec 06, 2005 at 14:33
With due respect

Quote:

The following comment has been provided to Four Wheel Drive Victoria by Vic Roads.

This issue has been blown out of all proportion. There is no reason seats
that are designed to be removable cannot be removed. Doing this DOES NOT
alter the seating CAPACITY of the vehicle. Seating capacity is defined by
the Australian Design Rules as the maximum number of seating positions for
which the vehicle is DESIGNED - ie not the number of seats actually fitted
at any point in time.

By inter-government agreement vehicle standards are common throughout
Australia. This means that the above advice applies in all states and
territories.

END.

I can categorical say , with 100% certainty , that neither NSW or QLD agree with that.

I WISH they would , and it makes plain sense , but , they don't , and it aint.
0
FollowupID: 396148

Follow Up By: flappa - Tuesday, Dec 06, 2005 at 14:36

Tuesday, Dec 06, 2005 at 14:36
Actually , a Qualification to my post.

It was a common theme with the people I spoke to from both NSW and QLD.

Like everything "legal" though , it would NOT surprise me , to be able to speak to someone else and get a COMPLETELY different view point.

As I said above though , from my research , and dealings and experiences , and now with this "Booking" , so to speak , I dont believe its as straight forward as Vic Roads thinks.
0
FollowupID: 396149

Follow Up By: Member - Roachie (SA) - Tuesday, Dec 06, 2005 at 22:50

Tuesday, Dec 06, 2005 at 22:50
Another issue exists here in SA........
We used to be friends with the Local Area Commander and his family before they got transferred down to Adelaide last year.
He had a Falcon wagon with no back (3rd row) of seats. He also had 3 daughters. On more than one occasion, they volunteered to take one of my boys to the beach. I knew there was already 5 of them and only 5 seat belts, so how was he gunna do it legally? Or, I asked him, doesn't it matter cos no local constable is gunna book him anyway? He said that in SA, it is quite legal to have more people in a vehicle than the number of seat belts provided......providing that all the seat belts are being used. So, it was okay to have 4 kids in the back seat as long as 3 of them wore belts....the other one had to be unrestrained!!!!!!!! You cannot put 2 people in the one belt at the same time!!!!
Frankly, I was sceptical. So, I rang the cop shop at Moonta and without announcing myself or the fact that I'd been talking to this head bloke (who would have been his boss), I asked him the same question.....got the same answer!!!!
I still don't feel right doing it, but have done so on a couple of short trips when we've had to take another kid somewhere, as well as my own 3 and missus too.
0
FollowupID: 396220

Follow Up By: Member - Ed. C.- Wednesday, Dec 07, 2005 at 00:21

Wednesday, Dec 07, 2005 at 00:21
Roachie,

I have been told pretty much the same thing....

Many years ago, not long after our 4th child was born, I had a (5 seat) fairmont s/wagon.... I asked a member of the constabulary about the legality (or otherwise) of carrying one of 'em (yes, unrestrained!) in the cargo area.. His reply was that as long as all seats that were originally fitted are in place (and occupied), it didn't matter how many (persons) were in the cargo area, as long as the vehicles' GVM was not exceeded....
We were living in WA at the time...

This was not too long after the wearing of seat belts became mandatory,
so I guess we were all still a little "indifferent" to the whole idea... I'd have thought that this one would have been changed by now, but maybe not????
Confucius say.....
"He who lie underneath automobile with tool in hand,
....Not necessarily mechanic!!"

Member
My Profile  Send Message

0
FollowupID: 396239

Follow Up By: flappa - Wednesday, Dec 07, 2005 at 09:08

Wednesday, Dec 07, 2005 at 09:08
I have certainly heard that one as well.

Never put it to the test though
0
FollowupID: 396268

Reply By: Member - Jeff M (WA) - Tuesday, Dec 06, 2005 at 14:23

Tuesday, Dec 06, 2005 at 14:23
The laws will never be perfect, the problem is not the laws its the bleep police with ego problems sending themselves on power trips trying to enforce nonsense garbage that is the problem.
AnswerID: 142616

Follow Up By: Scoey - Tuesday, Dec 06, 2005 at 15:37

Tuesday, Dec 06, 2005 at 15:37
Couldn't agree more Jeff, I work in an enforcement role in Government and in all our training we are told the question we must ask ourselves BEFORE enforcing any piece of legislation is: What potential or imminent impact am I hoping to mitigate by regulating this activity?
If read to the letter most of us would break some law at some time and probably with more regularity than you would think (some are probably more than aware how regular they break the law! haha!) but to recieve a penalty for each and every time is ludicrous! An infringement notice (or other appropriate penalty) for a breach of a law that could potentially have a negative impact on or otherwise injuriously affect someone and if not, perhaps a cautionary word? This is, of course a generalisation, and just my coupla cents! ;-)
0
FollowupID: 396157

Follow Up By: Member - Tonester (VIC) - Wednesday, Dec 07, 2005 at 12:26

Wednesday, Dec 07, 2005 at 12:26
Absolutely. The 40 something y/o cops are the worst. If it ever happened to me just don't pay, let it go to court for at least (hope) pragmatic resolution. The paperwork the pork goes through to lose the case should deter them.
0
FollowupID: 396294

Reply By: rolande- Wednesday, Dec 07, 2005 at 00:27

Wednesday, Dec 07, 2005 at 00:27
Haven't read all of the above posts, however, from the same discussion on another forum

1/ You just need to convince whoever that the seats have been removed TEMPORARILY, and that the storage system can be removed and the seats replaced, that covers any regulation you like.

2/ Get the rego changed from 7 seat to five seat, saves you $$$$ on rego and then completely legal

Rolande
AnswerID: 142715

Reply By: Richard Kovac - Wednesday, Dec 07, 2005 at 01:22

Wednesday, Dec 07, 2005 at 01:22
For all VKS-737 members please read page 27 of the newsletter (Network News - August 2005)
Copyright © Four Wheel Drive Victoria (VAFWDC)
so before you re use it I would ask them there position

This how thay sore it then

Regards

Richard
AnswerID: 142720

Follow Up By: Richard Kovac - Wednesday, Dec 07, 2005 at 01:37

Wednesday, Dec 07, 2005 at 01:37
permission (Dam IT)
0
FollowupID: 396245

Reply By: Willem - Wednesday, Dec 07, 2005 at 07:59

Wednesday, Dec 07, 2005 at 07:59
Ahhhh Trucky....you know how to press the buttons...lol

Same old story, just another day... soon it will join the urban myth.

Nevertheless, some time ago I checked with the Transport Authorities here in SA and was advised that there isn't a problem removing the third row of seats as long as when you dispose of the vehicle your replace them.

So if your vehicle is legal in SA then other states cannot impose their laws on you.
Carrying a copy of the rules in your glovebox isnt going to do much good as if the authorities are hell bent on giving you a bluey, they will. Sure it is an inconvenience and all you have to do then is to front up in court, prove your case and collect court costs and damages. It may be worth mentioning this to whosoever is trying to book you.

This must be an isolated case and it is quite possible, as mentioned before, that the driver was giving the questioning policeman some lip.

I have yet to see the police around here being bothered by such a low rating technicality.

Vehicles drive around here with all sorts of illegal spotlights and fittings to them.
Police are interested in drink driving(ad nauseum), seatbelts, bald tyres, burn outs, speed(especially school crossings which are rated at 25kmh), roadworks and so on.

Cheers

AnswerID: 142732

Reply By: Member - Bradley- Wednesday, Dec 07, 2005 at 12:34

Wednesday, Dec 07, 2005 at 12:34
my 2 cents worth, my new jackaroo with 7 seats and cargo barrier fitted had its roadworthy on friday - without the rear seats fitted, NO PROBLEM.

went through the vicroads rego inspection on tuesday, NO PROBLEM.

I will probably go a step further and take out the belts as well as they are in the way where they are, and look a bit obvious.

A good idea would be to make a copy of the relevant adr requirements and laminate them to keep permanently in the glove box, same as you do for an engineers report, just for mr plods information.
AnswerID: 142775

Reply By: Coyote - Wednesday, Dec 07, 2005 at 15:46

Wednesday, Dec 07, 2005 at 15:46
Have just spoke to Transport SA and thier first uestion was: is it a permamanat removal? I said, no, I am insatlallinga cargo barrier ans rear draws and without even a pause the response was: Thats fine. .not permanent so no worries.. no requirments for any inspections.certificates or anything.. so to answer a post higer up.. anything that is not Permanant can beconsidered temporary - if you get my drift.. but thats for SA. .who knows what the go with other states is.. What if I'm driving my Sa registered GU through NSW and get pulled over?? do I have to re-install my seats and remove draws to cross the border??? Can of worms anyone?????
AnswerID: 142819

Reply By: Wombat - Wednesday, Dec 07, 2005 at 16:25

Wednesday, Dec 07, 2005 at 16:25
Interestingly, in the Chrysler PT Cruiser the 65/35 split fold rear seats can be folded, tumbled forward, or removed altogether. They are fitted with lift handles and equipped with rollers for easier removal and storage. I believe this is increasingly becoming the case in many small sedans. With no documentation from the manufacturer that there are limitations on how long a vehicle can remain in its 'changed' state is this type of motor car blatantly infringe the ADRs from the moment it leaves the car yard?
AnswerID: 142831

Sponsored Links

Popular Products (9)