Comments on: Number Plates - What’s Legal?

By: Camel

Camel — Tue, 26 Apr 2011 01:10:56 +0000

Australian Standards? Where do they fit into the legeslative araingements? As in Vic & NSW the sube type lable holders are deemed to comply with the Australiand standards for label placement!!

By: Sgt B MURPHY

Sgt B MURPHY — Mon, 13 Dec 2010 23:32:14 +0000

Vic and NSW allow Tube label holders as they comply with the Australian Standard, so therefore via Section 109 of the Australian Constitution…
(Australian Constitution - Section 109 - Inconsistency of laws
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.)

Camel in regards to this , i think you will find that this relates to when there is a Commonwealth law relating to a subject and the state law is inconsistant with that. There is no commonwealth law in regards to label holders so 109 wouldn’t apply.

By: Camel

Camel — Tue, 12 Oct 2010 01:40:36 +0000

Also re Plate position:
(i) in an upright position parallel to the vehicle’s axles; and…
…(d) the number plate is in a clearly legible condition, including being clearly legible from any position from which it is required to be visible.

No precise definition of “Upright”, but (d) covers the legibleity issue, so long as it can be clearly seen from all positions required. I have heard of a Cop saying that “if i were laying on the ground the plate would not be visable” YEAH RIGHT like he is gunna do that, All he did that day was make himself look a fool.

By: Camel

Camel — Tue, 12 Oct 2010 01:33:31 +0000

…they should be Legal in QLD. Thats not to say that QLD will do it different as they seem to believe they are different than the rest of Australia.

By: Paul W

Paul W — Thu, 02 Sep 2010 09:35:49 +0000

Well the tube rego holder has been sorted and new rego stickers carry a warning about them apparently..

By: Paul W

Paul W — Mon, 25 Jan 2010 00:21:51 +0000

Yes I have heard of a current Court case concerning the tube holders..will be interesting to see the outcome ..the Legistlation is quite ambiguous in that it simply says ..
“clearly visable” from the rear or left hand side..

By: Sgt B MURPHY

Sgt B MURPHY — Tue, 05 Jan 2010 07:58:05 +0000

Paul as long as the number plate is at the rear and it is visible 20m away and an arc of 45 deg than it will be deemed to be legal. Even though some harleys have them off to the side they are still at the rear. What they cannot do is have them vertical.

In regards to the tubular rego holders, i will give some information on that soon. We are waiting from Qld Transport for a ruling. My personal feeling is that they do not comply as they can role up and you cannot see the month etc.

Oh and yes the bikes in the pics had other issues as well

Cheers

Bradyn

By: Paul W

Paul W — Mon, 04 Jan 2010 06:33:12 +0000

So by virtue of those conditions 1/ paragraph b ..
I would say the many Harleys we see with the number plate and brake lights mounted off to one side (left) would be illegal also…?

(b) unless an accessory plate is attached to the vehicle in the way required under section 31, the characters on the number plate are visible from 20m away at any point within an arc of 45 degrees from the surface of the number plate above or to either side of the vehicle, in the way shown in figures 1 and 2 at the end of this section; and

And I noticed the illegal aftermarket exhaust systems (non adr compliant) and the absence of a clearly visable rego sticker on the left or rear of the bikes too ?
Another question would be the legality of those tubed rego holders..?