unregistered caravan/trailer fine in W.A

Submitted: Friday, Jun 15, 2012 at 15:42
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Does anyone know what the fine is for getting caught with a caravan unregistered in W.A?
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Reply By: SUMO1955 - Friday, Jun 15, 2012 at 16:17

Friday, Jun 15, 2012 at 16:17
they send you to Tasmania
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Follow Up By: jacent - Friday, Jun 15, 2012 at 16:54

Friday, Jun 15, 2012 at 16:54
ha ha I like your reply! havent been to tassie yet! I have a permit for the van from victoria to take it over to W.A, vic roads said the vic permit is legal in w.a but wondered what the fine was if the w.a police say otherwise? W.a only do 48 hr permits which isn't long enough
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Follow Up By: Ron N - Friday, Jun 15, 2012 at 17:29

Friday, Jun 15, 2012 at 17:29
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Follow Up By: Ron N - Friday, Jun 15, 2012 at 17:34

Friday, Jun 15, 2012 at 17:34
My error (CRS) - make that Section 92 of the Constitution (covering free trade between the States).

Cheers - Ron.
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Follow Up By: jacent - Friday, Jun 15, 2012 at 17:40

Friday, Jun 15, 2012 at 17:40
Thanks for all that information Ron! Well I have towed another van into w.a and beyond with a vic permit but was never stopped so never really knew if it was ok or not? Thanks for your advice! van has a number plate and is in good nick so shouldn't look too out of place with all the nomads out and about atm!
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Follow Up By: Hunter Gatherer - Friday, Jun 15, 2012 at 18:42

Friday, Jun 15, 2012 at 18:42
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Follow Up By: Ron N - Friday, Jun 15, 2012 at 19:59

Friday, Jun 15, 2012 at 19:59
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Follow Up By: Skippype - Friday, Jun 15, 2012 at 23:46

Friday, Jun 15, 2012 at 23:46
Spot on Ron
Skip
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Follow Up By: Hunter Gatherer - Saturday, Jun 16, 2012 at 10:24

Saturday, Jun 16, 2012 at 10:24
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Follow Up By: Ron N - Saturday, Jun 16, 2012 at 10:53

Saturday, Jun 16, 2012 at 10:53
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Reply By: Neil & Pauline - Friday, Jun 15, 2012 at 16:35

Friday, Jun 15, 2012 at 16:35
Much more than the licence fee or the permit fee.

Neil
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Reply By: Ron N - Friday, Jun 15, 2012 at 17:12

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.
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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!
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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.
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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!
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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.
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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!
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Reply By: patsproule - Friday, Jun 15, 2012 at 17:42

Friday, Jun 15, 2012 at 17:42
Note that a lot of the Highway cars now have plate recognition technology fitted to the vehicles. A camera constantly scans for vehicle plates as they are driving along, checks it against an onboard downloaded traffic database and flags to the driver any potential unregistered vehicles that it passes (along with lots of other info!). So there is more chance of being picked up. Most NSW HWP vehicles have this system - i'd imagine WA have similar.

Pat
AnswerID: 488570

Follow Up By: Ron N - Friday, Jun 15, 2012 at 17:53

Friday, Jun 15, 2012 at 17:53
Yes, W.A. has dispensed with rego stickers and now uses number plate recognition cameras mounted in many Police cars, and in a number of intersection cameras.
The numbers of Police cars and intersections being fitted with these cameras increases daily.
W.A. "candy cars" (highway patrol Police) most definitely have the number plate recognition camera aboard.
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Follow Up By: jacent - Friday, Jun 15, 2012 at 17:54

Friday, Jun 15, 2012 at 17:54
They are getting smart now hey! Very annoying when people give you the wrong information regarding interstate permits! will have to get a few 48hr permits to cover myself! $100 bucks is cheaper than $500
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Follow Up By: Ron N - Saturday, Jun 16, 2012 at 11:26

Saturday, Jun 16, 2012 at 11:26
Jacent - Unfortunately, you'll find that the Highway Patrol Police in the "candy cars" that roam the Eyre Hwy are exceptionally "nosey".
They are instructed to be, because the Eyre Hwy is the conduit whereby 90% of the crims and drugs find their way into W.A. from the East.
It's been well known for decades that Eastern States crims regarded laid-back, distant Perth, as the best place to lie low, and take a "holiday" when the heat was on.

As a result, the Eyre Hwy and Norseman patrols are constant and intrusive, so you're best advised to ensure that you're fully legal.
Calling into the Eyre cop shop to determine the attitude of the local Monarchs towards Eastern States permits, is the best advice I can give.
If they say you can't proceed on a VicRoads permit, then you can get a W.A. TMP right there.
If they say the interpretation has changed, and a VicRoads permit is O.K., then you will have their blessing to proceed.

We had a nasty exercise in Sept 2010, when a number of Victorians were travelling with their older vehicles to attend the National Historical Machinery Field Days at Fairbridge Farm, Pinjarra, W.A.

They were driving vehicles fitted with Victorian Historic Vehicle number plates. They were stopped at Eucla, and either turned back, or made to transport their vehicles on trucks.
The W.A. Police attitude was that the Victorian Historic Vehicle number plate system is not recognised in W.A., as it not an official registration/licencing arrangement - but a State permit system, that is applicable only within the State of Victoria.

There were a lot of unhappy campers from the East when the Show kicked off, as many had been obliged to fork out more $$'s than they had planned, to attend the Show in W.A. - or they had had their plans turned upside down by the W.A. Police actions.

All I can say is, some intensive investigation of what is required by authorities before one makes long-distance vehicular movements, over different jurisdictions, is always a good move.

Cheers - Ron.
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Follow Up By: jacent - Saturday, Jun 16, 2012 at 11:39

Saturday, Jun 16, 2012 at 11:39
Hey Ron my uncle actually attended that show as he's a grain farmer in lalbert near swan hill, he's mad about tractors and the like, but I think he carted all his machinery on his semi which was lucky! That is a classic example of policing getting a bit out of hand!
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Reply By: rocco2010 - Friday, Jun 15, 2012 at 17:52

Friday, Jun 15, 2012 at 17:52
Gidday
If the caravan is registered in another state it should not be a problem. If not just get a permit and as hard as it might be abide by the rules. That's they way of the world, the people who won't obey the rules make life that much harder for the rest of us.

And be polite to government officials. If you want to rub somebody up the wrong way and make them get rule books out and find ways of making your life a misery they will do just that. My late brother spent 30 years as a traffic patrolman in WA and the first test people had to pass was the attitude test. If they failed that things could go downhill very quickly ...talking about indian dogs won't help.


Unregistered vehicle use is a major problem in WA and goes hand in hand with other illegal activity of various degrees. I found out today that somebody has stolen the number plate off my old box trailer! Both my sons have been victims of number plate theft a few times. With computer recognition equipment in cars police can tell almost instantly whether the car ahead is licenced or not so the trick seems to be to steal some plates off the same model car and use them for a while then steal another set ... that is why we have strict rules

Cheers

Rocco

Cheers

Rocco
AnswerID: 488572

Follow Up By: jacent - Friday, Jun 15, 2012 at 18:16

Friday, Jun 15, 2012 at 18:16
ha ha well people who steal number plates from cars and trailers are usually from the not so smart variety and I dont believe they would have the brain cells left to think of taking them from the same model car or caravan! ha! And yes I believe in the attitude test, I dont see how anyone thinks they are going to be any better off with a bad temper or attitude! I tell you what they make it very hard to register a caravan in W.A now, you have to get a gas cert, elec cert and weigh bridge cert! in vic you take it to vic roads and the lady comes out, measures it, makes you put the lights on and your all done!
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Follow Up By: Hunter Gatherer - Friday, Jun 15, 2012 at 18:58

Friday, Jun 15, 2012 at 18:58
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Follow Up By: Madfisher - Friday, Jun 15, 2012 at 20:09

Friday, Jun 15, 2012 at 20:09
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Follow Up By: Ron N - Friday, Jun 15, 2012 at 21:30

Friday, Jun 15, 2012 at 21:30
Rocco - Most States have specific rego numbers for trailers, so you couldn't get away with using a stolen trailer plate on a car. The cops would be onto it like a ton of bricks.

However, a stolen trailer number plate can be used on a stolen trailer. Caravan, trailer and camper theft is pretty rampant, so report stolen plates immediately, so the Police can log them into their computer database.
Once the plate number is logged on the Police database, the Police computer in all Police vehicles brings up an alert, the instant the plate number is punched in.

The Police also have a list of number plates for "persons of interest". If you've lost your licence, your vehicle number plate is logged on the Police computer database - and if it's sighted, the Police will usually stop the vehicle, and do a "licence check".
This is the old Police standby of finding out what's going on - and how they accidentally discover so many drug hauls that are in the process of being transported.

Cheers - Ron.
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Reply By: Member - John (Vic) - Friday, Jun 15, 2012 at 18:28

Friday, Jun 15, 2012 at 18:28
A few years ago I got a temporary permit from Vic Roads for a trailer that I bought in Qld so I could get it home to register in my home state of Victoria.
I obviously could not register it in Qld as I had no place of abode in that state,

Trailer had no plates and I wasn't stopped so can't comment about what a copper may or may not do in that regard.
I think the permit was good for 30 days from memory and cost $20-

I would think you need to ask the WA roads people or have a look at their web site, I'm sure they will have a fix as you can't be the only person ever needing to do this.

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Reply By: Bigfish - Friday, Jun 15, 2012 at 18:28

Friday, Jun 15, 2012 at 18:28
State gubbinments...where stupidity meets arrogance and produces meglomaniacs.
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Reply By: Member - Bruce C (NSW) - Friday, Jun 15, 2012 at 18:46

Friday, Jun 15, 2012 at 18:46
Well, Jacent, there is your answer mate.

Register it in Vic which is cheaper than most states and drive it into WA quite legally. You can then tell the Gestapo to go burn their swaztikas.

Having said that I am a supporter of the police but a couple of them leave you wondering if they are on the same planet. Most are decent blokes trying to do a difficult job and deserve all the support they can get from the public.

Someone on these pages about 6 months ago or more said that all you need is a caravan park address to register a caravan in Vic.

Cheers, Bruce.
At home and at ease on a track that I know not and
restless and lost on a track that I know. HL.

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Follow Up By: Ron N - Friday, Jun 15, 2012 at 21:21

Friday, Jun 15, 2012 at 21:21
Bruce - Jacent can't register his 'van in Victoria, because he now has a W.A. MDL. I purchased a ute in Victoria a few years ago and flew over to drive it back.
The dealer set up all the transfer papers and got the pink slip, and I was going to use a mates address at Wantirna as the rego address.

The instant that VicRoads saw my W.A. MDL on the papers, they refused point-blank to rego the ute in Victoria. I had to get a permit to take it back to W.A. where I could then get it registered.

All registrations are linked to the owners MDL and State. Try to rego a vehicle in another State that is different to the State your MDL is issued in, and they will refuse rego on the spot.

Cheers - Ron.
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Follow Up By: get outmore - Saturday, Jun 16, 2012 at 13:04

Saturday, Jun 16, 2012 at 13:04
in WA though you can have multiple drivers licenses - or at least you could

I held both my SA and WA heavy vehicle license for ages and kept registering my vehicle in SA

Doh to me i went in to renew my SA drivers license and when they asked for ID i used my WA license

you cant have more than one license in SA
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Follow Up By: Member - Bruce C (NSW) - Saturday, Jun 16, 2012 at 13:46

Saturday, Jun 16, 2012 at 13:46
Ron,
I don't know how it works but there are many caravans around the country which are registered in Victoria, because it is cheaper than NSW, and the owners and drivers have NSW licences.

As I say I do not know how it works but I know it is a fact. Mate has a 5th wheeler, and his truck to pull it, set up just that way and is touring NSW and Queensland and of course Victoria when he gets down that way.

It may be that he has changed his licence over to Victorian also but I do not think so. Nor has he suggested such a thing

Cheers, Bruce.
At home and at ease on a track that I know not and
restless and lost on a track that I know. HL.

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Reply By: blown4by - Friday, Jun 15, 2012 at 23:27

Friday, Jun 15, 2012 at 23:27
Do yourself a favour and buy a WA TMP. They are only 20 bucks for 48 hours and you can get them on-line 24/7 or over the phone 13 11 56 Mon-Fri 0800 -1700. The Vic TMP may cover you for third party insurance in WA but it is not recognised in WA because it is a 'permit' and not a 'license'. WA permits can be purchased in advance for a forward date and you can buy more than one per time if your journey will last longer than 48 hours. For your own piece of mind, 3rd party cover and to safeguard your comprehensive insurance should an accident occur 20 or 40 bucks is not a lot of money compared to the cost of the van, your car and the fuel cost to tow the van from Vic to WA or worse still if you have no cover and some drunk runs in to your van while it is parked at night and he gets awarded $9 million because the van was there and he now a paraplegic, the TMP cost sound pretty cheap to me
AnswerID: 488601

Reply By: Member -Hilton Hillbillies - Saturday, Jun 16, 2012 at 08:06

Saturday, Jun 16, 2012 at 08:06
Hi,
Maybe you could just email the WA transport dept or police and ask them if it is ok to travel through WA on a VIC permit.
If the response is that you can, print that response and carry it with you.
If the response is no then just pay the $100 for the WA permit, it will be a lot cheaper than the fine and a lot less trouble.

Regards

Steve

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Follow Up By: jacent - Saturday, Jun 16, 2012 at 08:38

Saturday, Jun 16, 2012 at 08:38
Steve, that is a good idea! I will be making a few inquiries! and yes the tmp will be the go! Does anyone know of a sparky and a gas fitter that can inspect (certify safe) my van in geraldton? as I need these tickets for licensing and I want to have it legal asap! I have no drama's in abiding by the law but sometimes they make it difficult to do the right thing! cheers!
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Reply By: get outmore - Saturday, Jun 16, 2012 at 11:05

Saturday, Jun 16, 2012 at 11:05
havnt read the lot but arnt unregoed vehicles confiscated under hoon laws?
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Follow Up By: blown4by - Saturday, Jun 16, 2012 at 16:09

Saturday, Jun 16, 2012 at 16:09
Not correct. If it were 50% of the WA fleet would be confiscated.
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Follow Up By: Ron N - Saturday, Jun 16, 2012 at 17:40

Saturday, Jun 16, 2012 at 17:40
No. A vehicle can only be confiscated if the driver is unlicenced, under licence suspension, or charged with a "hooning" offence.

I can't agree with the statement that 50% of the W.A. fleet is not rego'ed. The Police officially caught 2680 unregistered vehicles in 2009, and 5137 unregistered vehicles in 2010.
I don't have the 2011 figures to hand, but the number caught is still going up by a modest %, as the number of plate recognition cameras in the Police cars increase.

The 2009 number represents 1.25% of vehicles pulled over, and the 2010 number represents 2.15% of the vehicles pulled over.

Considering that W.A. has 1,912,000 registered vehicles - and allowing for a number of people that still haven't been caught - that's still a long way from 50%.
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Follow Up By: blown4by - Saturday, Jun 16, 2012 at 20:32

Saturday, Jun 16, 2012 at 20:32
50% was a bit 'tongue in cheek' but I can assure you it is a far greater number of vehicles than most people would think. The number of unregistered vehicles detected by the Police bears little relationship to the number of unregistered vehicles on the road because as you would know if you live in WA it is rare to see a Police car on the road in WA other than on the main highways north, east and south. Our Government only has Police on tripods and they do not detect unregistered vehicles unless they are speeding, or for that matter drunk drivers, tailgaters, unlicensed drivers, drug affected drivers, overtaking on double white lines, blind crests, etc, etc, and if you are speeding they take your picture and let you keep on doing it. For thee majority of law abiding citizens it just represents an extra tax you have to pay each year for keeping up with the traffic or for exceeding the speed limit marginally when overtaking a slower vehicle and the guy coming the way was going faster than you estimated. Until the authorities take seriously the penalties for expired vehicle and drivers licences ($100.00) and do not charge people if they pay their rego by midnight the day they are caught driving an expired vehicle within 3 months of the expiry date, then the rate of unlicensed vehilces on the road will continue to be the case.
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Reply By: Croozerute - Saturday, Jun 16, 2012 at 12:42

Saturday, Jun 16, 2012 at 12:42
wouldn't it just be easier, and much wiser, just to register the van properly?

What is it with bloody tightarses these days?
AnswerID: 488614

Follow Up By: jacent - Saturday, Jun 16, 2012 at 13:17

Saturday, Jun 16, 2012 at 13:17
its a bit hard to register a van in w.a when it is in victoria,You cant register a van in vic if you have a w.a licence! when it arrives here if you read the posts properly it is getting full rego asap, however I need to get it here. I have a legit permit from vic to w.a. I will double up and get a w.a permit to be on the safe side even though I think its a joke.. Then I will be going through the process to get full rego!
P.s I'm in the mining industry, a hundred bucks a year for rego is no issue!
Thank everyone for your input!
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Follow Up By: Croozerute - Saturday, Jun 16, 2012 at 14:13

Saturday, Jun 16, 2012 at 14:13
woops, sorry mate, didn't read it properly :-)
Flicked through some of the replies quickly, and figured it was another "save money by doing this" sort of thing..
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Follow Up By: jacent - Saturday, Jun 16, 2012 at 15:53

Saturday, Jun 16, 2012 at 15:53
ha ha no worries mate! but penny pinching is a big industry these days! ha ha
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Follow Up By: 4 runner - Saturday, Jun 16, 2012 at 23:20

Saturday, Jun 16, 2012 at 23:20
If you are caught with an unregistered vehicle in wa as long as it was previously registered and is only expired then as mentioned before you are charged under section 15 of the rta.

However there is a legal out, on the day you are stopped you do not commit the offence if you pay the renewal fee the same day as you were stopped (before midnight)

Reason is that if you paid that day it covers you for the day, it is also normal for a further penalty of half the cost of the annual fee if the matter went to court, again if you pay prior to court this should not be granted.

I deal with matters like this daily
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Follow Up By: Member - GRAHAM L (VIC) - Sunday, Jun 17, 2012 at 00:28

Sunday, Jun 17, 2012 at 00:28
I registered a car in VIC while car was in QLD. I was moving to VIC and had an address there, now I am in QLD with VIC licence with QLD address another car bought and registered in QLD registration office didn't say that I had to change licence.
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