Friday, Jun 15, 2012 at 17:12
Jacent - The offence of using an unregistered/unlicenced ("licenced" is the W.A. terminology) vehicle on a road in W.A., is an offence for which a summons is issued, and the penalty is set by the beak on the day, taking into account the circumstances.
Section 15 of the W.A. Road Traffic Act 1974 (as amended) sets a $500 maximum fine (10 PU - PU being Penalty Unit = $50).
The beak will set the fine as he sees fit.
The fine will also include the cost of either 6 mths or 12mths rego/licencing fee that was avoided, plus court costs (there appears to be some leeway here, although the Act states 12 mths fee).
http://www.austlii.edu.au/au/legis/wa/consol_act/rta1974111/s15.html
If the vehicle has been registered in W.A. previously, but the rego/licence has lapsed through failure to pay by oversight, you can argue this as an extenuating case.
However, if the vehicle has not been registered/licenced in W.A. ever (or in any State), or has not been registered/licenced for an extended period (years), then you will be looking at a higher level of fine.
The
Police can demand that the unregistered/unlicenced vehicle be parked up on
the spot, and not moved until a temporary movement permit is obtained, to move it to a place of repair, or an inspection station for licencing.
If the vehicle has false plates fitted to try and avoid registration/licencing, then the plates will be removed on
the spot by the
Police, and you will be charged with the additional offence of using false number plates.
However, be aware that you can also be charged under the Motor Vehicle (Third Party Act 1943), under Section 4 (sub-section 3A, 3C and subsection 4) for operating an uninsured vehicle on public roads.
The maximum penalty for this offence is $400. Note also, if you are charged and convicted under Section 4, sub-section 3A, that you are liable to an ADDITIONAL penalty under Section 4, sub-section 4, for a drivers licence
suspension period of 12 mths.
http://austlii.edu.au/au/legis/wa/consol_act/mvp84ia1943359/s4.html
Note that you cannot be charged and convicted for an offence under Section 4 of the Third Party Act, if you have been charged and convicted of an offence under Section 15 of the Road Traffic Act (if the events were all part of the one offence).
It's rare for anyone to be charged with a Third Party Insurance offence for an unregistered/unlicenced vehicle - the usual charge is merely operating an unregistered/unlicenced vehicle, under Section 15 of the Road Traffic Act.
If the vehicle is carrying number plates from one of the Eastern States (and the driver has an Eastern States MDL) - and the rego has expired (
Police can check on this instantly, via the now co-ordinated, Australia-wide rego database) - they cannot issue a charge for the offence of using an unregistered vehicle, because of jurisdictional conflicts.
However, they will almost certainly issue an unroadworthy order (after finding some minor issue), which entails a "yellow sticker" and a visit to an inspection station (you're given 10 days), for safety checking, and for checking on the bona fides of the vehicle operation.
It is illegal to operate a vehicle in another State for more than 30 days on another States registration, if the person has moved (to live) to the other State.
Accordingly, both MDL and rego have to be moved over to the State of residence of the driver.
You could possibly reduce the fine amount by some modest amount, if extenuating circumstances were offered as a defence.
If caught, it would almost certainly pay to front the beak (if possible). Personal appearance and good personal explanations, go further towards reducing the penalty, than written explanations, or an appearance by your lawyer.
The fine for an unregistered/unlicenced van would not be severe, if it was a memory lapse or other administration oversight.
Cheers - Ron.
AnswerID:
488568
Follow Up By: jacent - Friday, Jun 15, 2012 at 17:48
Friday, Jun 15, 2012 at 17:48
Wow you are a wealth of knowledge Ron! My car is w.a rego as I have changed it over from vic, van was vic rego and the plate is its original one not stolen or whatever.. Vic roads told me to leave the plate on and its on the permit.. Its crazy that the vic roads told me everything is fine to tow in W.a!
Australia is one country, there should be one set of rules/laws etc!
FollowupID:
763709
Follow Up By: Ron N - Friday, Jun 15, 2012 at 17:59
Friday, Jun 15, 2012 at 17:59
Jacent, I read on the VicRoads website that VicRoads permits can be specified to end in another State, and that these permits are legal for that state.
Ensure that that is written on your VicRoads permit, and point it out to any officious highway patrol copper.
Most W.A. coppers are reasonable, but they place all the nasty ones in the highway patrol cars!
What state is your MDL in? You can't register a vehicle in any other State, except the State your MDL is registered in.
Cheers - Ron.
FollowupID:
763713
Follow Up By: jacent - Friday, Jun 15, 2012 at 18:21
Friday, Jun 15, 2012 at 18:21
My drivers license was just changed to w.a along with my car ( only took me nearly two years to swap it all over), the permit states that it ends in
geraldton and lasts for three weeks? Ha Ha yes they do place the nasty ones in highway patrol cars!
My original van was registered in vic and when I went to swap it over I had to get all certificates, prove it was mine and have it inspected even though all I wanted to do was swap it over keeping it in my name!
FollowupID:
763717
Follow Up By: Ron N - Friday, Jun 15, 2012 at 18:34
Friday, Jun 15, 2012 at 18:34
Yes, the State rego authorities are hot on any jurisdictional changeovers in ownership (swapping rego from one State to another).
This is how the crime gangs have been re-birthing stolen cars, by taking advantage of the gaps in jurisdictions.
Nowadays, if you want to register a vehicle, and it doesn't have a registration record on file (records files are only kept for 3 years), you will have to provide a vast amount of info, including all the info on where you obtained the vehicle, where you saw it advertised, the address where you acquired it from, the person you acquired it from, phone numbers, sellers back teeth size - (no, that's a joke) - and lodge that form as a statutory declaration!
The authorities are very intent on logging the movement (ownership and transfer of ownership) of all vehicles, registered or not, and keeping the rego database free from corruption (incorrect info).
A lot
swings on the vehicle rego database being deadly accurate.
Cheers - Ron.
FollowupID:
763718
Follow Up By: jacent - Saturday, Jun 16, 2012 at 08:30
Saturday, Jun 16, 2012 at 08:30
I guess in the long run its a good thing! Would hate to get tricked into buying a stolen car or written off car that was fixed on the shonk!
FollowupID:
763755