Lowered car loophole?

[neRok]

I need to get my '75 260z registered. I swung a piece of 90mm wide wood under it, and whilst it missed all the body and chassis etc by 20+mm, it hit the exhaust flanges and the muffler. Bugger.

 

So I was checking on the car laws, to see what the go is. For WA, I was reading the Road Traffic (Vehicle Standards) Rules 2002 On page 49 of the PDF (page 37 of document), which is part 7 and covers general rules implied above and beyond ADRs for WA, it says

    (2)    A motor vehicle must have a ground clearance of —

  (a)    at least 100 mm at any point within 1 m of an axle;

  (b)    at least one-thirtieth of the distance between the centres

of adjacent axles at the midpoint between them; and

  ©    at any other point — at least the distance that allows the

vehicle to pass over a peak in the road with a gradient on either side of 1:15, if the wheels of one axle of the vehicle are on the slope on one side of the peak and the wheels of the next axle are on the slope on the other side.

That is pretty standard for all states from my quick research (it is in VSB-14 for example).

 

However, at the start of the document, on page 14 of PDF / 2 of document, it says

Non-application of the Vehicle Standards — inconsistent ADR requirements

              A provision of Parts 5 to 13 of the Vehicle Standards does not apply to a vehicle if —

  (a)    the provision is inconsistent with a requirement of a second or third edition ADR applying to the vehicle; and

  (b)    the vehicle complies with the requirement.

So the zed is built prior to 1989, so it would have second edition ADRs. Looking these up (Second Edition Australian Design Rules) there is no ADR regarding ground clearance. Apparently one of the 2nd-ED ADRs regarding headlights has a minimum height of 600mm to the headlights. So can it be argued that the first quote (from part 7) can be disregarded by the second quote (has applied with all second edition adr rules that apply to a lowered vehicle)?

 

OR, is there some other rules applying to zeds i dont know about. Car was registered in QLD with current suspension (although it seems a previous owner was a mechanic that did the blue slip or whatever they are)?

[Vindicare]

Well the pits at warwick had a 100mm plate around the pit so no low car would make it over. it is doubtful theyd pass anything which is obviously low. Chuck in some normal springs for the inspection. Why risk something that you know will be dubious to the inspector. They arnt stupid, thinking that will only lead to them picking up more stuff.

[neRok]

they are still going to pick out all the problems. i was going to go to a workshop that does it, not the pits (which like you say have steel around the top of the pit).

[nizm0zed]

What you'll find is there is 2 sets of rules regarding vehicle modifications and roadworthy requirements.

 

1st up is the DOTARS NCOP ADR rules.

That is the nation wide 'standard'.

ALL cars commercially imported or assembled for road going use must comply with the relevant rules for the year of construction (or import) within the NCOP ADR rules.

ALL states MUST abide by the minimum stated within those rulings.

 

Now, the reason i have bolded and underlined minimum is the 'catch'

Any state can choose to create/enforce rules that are more stringent than the minimum rules within the ADR's

So, lets say that the ADR's state that all cars can be no lower than 100mm from the lowest chassis point.

The exhaust isnt a chassis point by definition, so it could be 10mm clearance from the ground, while the chassis is 100mm from the ground. All legal.

(it becomes complicated when you try to define aero parts, bodykit ect, NOT as chassis components)

 

So, NSW doesnt like that all the hectic gino's are lowering thier cars and the exhaust systems are gouging more potholes into Sydneys allready crappy roads.

They decide to implement thier right to make more stringent riles and stay that the lowest measured point of every car must be 150mm minimum.

Now Mr Gino's car is 140mm too low. All cars registered in that state now need to be 150mm minimum height.

 

Next, you need to look at the ruling. Is it retrospective? eg, EVERYTHING now needs to be modified to comply, whether allready registered or not, Or will it be a rule that'll have a start date, EG, 1st of January for that year.

 

Making a retrospective rule is quite difficult to get through legislation, so most of the time it isnt done.

Unfortunately, most people miss the retrospective bit, so, your car that has been registered ongoing in your name for the last 10 years, sitting at a cool 100mm gets pulled over for a 'random inspection' by Mr plod.

At the end of the day, everything is written in such a way that 'in his opinion you need to present for an inspection with a professional' allowing him to use his judgement without being an expert on the matter.

Mr plod pulls out the tape measure, and defects you for too low "Its below 150mm, heres your fine"

Sure, you are in the right, because the rule isnt retrospective, but are you going to argue with him so he can defect more things? (people in power dont like being told thier wrong) or cop it and approach the problem through the right channels with evidence behind you?

A great example of that is the 2" bigger, 1" wider myth for wheels.

 

From what i know, there is a sort of retrospective rule regarding Catalytic converters.

All modified cars presenting for Engineering approval require a cat for emissions regardelss of year of manufacture.

(dont take that as gospel, but i have heard that from a few respected people now)

It wouldn't surprise me if they have written in more little clasues like that.

[pauly_adams]

i had this problem also with my mini clubman, the good thing about the mini is that its standed height from the ground is under 100mm, one night i was pulled over by a cop  and he got out his tape etc to mesure the height whist doing this he got his pants dirty etc, then he started carying on that the legal height is 100mm at the lowest point then i giggled and pulled out my car manual and showed him it, much to hist discused it was standed height and there was nothing he could do. he had no choice but to let me go but the good thing was he got dirty for nothing i could have shown him the manual first but due to his arregance i let him suffer ahahahahaha

 

cheers pauly