jonspeed: January 2014

REGISTRATION PLATE NOT DISPLAYED IN CORRECT MANNER

the following is exerts from correspondence i did at the time as to this infringement, a bit of interest to those out there that just stand back and take it... don't

November 2010, a ticket....

Also don’t think this just relates to side mount number plates, it could also easily be tail tidy and angled plates...

I have been pulled over by the police on several occasions and nothing has been bought up... just doing checks they say... so off I go...
Anyway this time... begining of October I was on the way to a charity ride with a couple of young riders, I was riding behind one who had a learners licence and “L” plate on his bike, on his 1st motorway extrusion south, we were riding at the reduced required speed in the left lanes of the motorway doing absolutely nothing wrong.
I felt I was pulled over for no reason, and initially the officer wouldn’t confirm why, he had followed me for some time, on the back of previously being stopped for nothing caused me to be anxious, and I started to feel discriminated against. And yes, I do also realise a police officer can require me to stop for a roadside vehicle check at any time.
It was only after a period of time and thought he mentioned why, he then took some photos and mentioned that he would consider action, he didn’t like the way my plate was fixed... and where.
It’s a side mount plate on my custom Sportster I have just finished building...
Now, there are many 100’s maybe 1000’s of motorcycles, boat trailers, trailers and trucks in New Zealand with plates mounted this way....

Anyway a ticket was issued and posted out, I wrote in explaining

I have recently finished rebuilding this motorcycle, 26th August 2010, I have had motorcycles for 35 years and am a motorcycle enthusiast, since completion of this motorcycle I have been pulled over several times by the Police and there have not been any issues, just checks, no issue had never been raised.
During this motorcycle build I have been sure to see that it has meet the law as to compliance for LVV Certification and WOF regs, in which it has both, I had thought I had followed all the requirements to the correct procedures. The company who manufactured the part for me has been building and modifying motorcycles for over 25 years that I know of; at the time of build there was no question of clarity of the number plate... to display in a prescribed manner.
During the LVV Certification and WOF there was also no question on the plate, to display in a prescribed manner.
My whole base line on building this motorcycle unlike some out there is that I wanted it legal so I didn’t have any problem... that is why I thoroughly pursued and complied with LVV Certification, a WOF and Registration.
Also quoting such legislation we found like...
NZ Transport Agency web site; Motorcycle requirements:
In addition to the warrant of fitness, a motorcycle must display a current licence label and a number plate on the back that can be clearly seen

But they have rejected my explanation and want to pursue it and responded with;

Transport (VRL) notice 1995
6 Affixing of registration plates (other than trade plates)
• Registration plates issued for a motor vehicle shall be displayed as follows:
o (a) in the case of a motor vehicle other than a motor vehicle of any of the kinds specified in paragraph (b), one plate shall be displayed on the front of the vehicle and one plate shall be displayed on the rear of the vehicle, and both plates shall be in an upright position and so displayed that every letter, figure, and distinguishing mark on the plate is easily visible:
(b) In the case of any motorcycle, moped, tractor, or trailer, one plate shall be displayed on the rear of the vehicle in an upright position and so displayed that every letter, figure, and distinguishing mark on the plate is easily visible

1st thing that comes to mind is What is upright!?

up•right –adjective
1. erect or vertical, as in position or posture.
2. raised or directed vertically or upward.
3. adhering to rectitude; righteous, honest, or just: an upright person.
4. being in accord with what is right: upright dealings.

–noun
5. the state of being upright or vertical.
6. something standing erect or vertical, as a piece of timber.
7. an upright piano.
8. Usually, uprights. Chiefly Football . the goalposts.

–adverb
9. in an upright position or direction; vertically.

Which is on a NZ Government web site separate to LVV Certification and WOF regs and NZ Transport Agency legislation...
It would be too easy to have everything in one place?!!

it will affect many if this is their latest campaign to attack motorcycles...

i'm pissed, BAD COP!

i'm going to court!

November 2010

i spoke to Wof testing at VTNZ and LVV testing for low volume modified today and they have nothing in their regs, WoF said 20% boat trailers are like that! that they get through in albany....

they both will get back to me and are happy to do me a report and they both are fine giving Wof & Cert passes without a problem....for number plates mounted like this.

so here i go for all the motorcyclists, trailer, horse float and boat people out there...

April 2011

Well, I won... it’s all about interpretation of the law... isn’t anything!

Tuff day at the office, had allot of behind the scenes help, thanks to you all...

I represented myself, cross examined, put forward my case, stood in the box, gave my account, got questioned, shoot, over 2 ½ hours...
It was hard, because the police were clever, quite vague in the charge; failing to display number plate in prescribed manner... they charged me: Section 17 (a) Transport (Vehicle and Driver Registration and Licensing) Act 1986, No 6 (as at 01 December 2009), and Public Act.
Section 17, Unauthorised, deceptive, or obscured registration plates or unauthorised licence
Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who—
(d) Uses any motor vehicle while any registration plate or licence affixed to the motor vehicle in accordance with this Part of this Act is in any way obscured, or is rendered or allowed to become not easily distinguishable, whether by night or by day.

And Section 14, Form of registration plates and licences
(1) The Minister may from time to time, by notice in the Gazette,—
(b) Prescribe the number of registration plates to be displayed and the position or positions in which registration plates and licences are to be displayed

It wasn’t too clear and still gave not to many clues....
1. Sideways mounted, not in an upright manner
2. Not on the rear of the vehicle
3. Obstructed
So I had to cover all bases, it was a guessing game until they started and placed their case...

Please note, my bike was modified, I have a WoF, LVV plate and was built to be legal and safe...
I used this as I tried to do everything right.
In the end they also came out with: Transport (Vehicle Registration and Licensing) Notice 1995 (SR 1995/136) (as at 01 August 2008)
Affixing of registration plates (other than trade plates)
6 (b) in the case of any motorcycle, moped, tractor, or trailer, one plate shall be displayed on the rear of the vehicle in an upright position and so displayed that every letter, figure, and distinguishing mark on the plate is easily visible.

I had some public available photos of Police BMW Motorcycles that have obstructed number plates at a very similar angle that the police took my pictures...

get your camera out; there are thousands of boat, horse, Jet Ski, and STD trailers with sideways mounted number plates mounted on polls, mudguards, etc... Is the public wrong or are the police just targeting motorcycles?

As to mounting sideways, I submitted dictionary lists for upright. A definition:

Uprightness - verticality: position at right angles to the horizon.
In a vertical position; not sloping.
UPRIGHT, ERECT, VERTICAL, PERPENDICULAR IMPLY that something is in the posture of being straight upward, not leaning.
Etc. There is nothing about lettering being upright.
I did have a problem here as my plate was on a slight lean as to get better light onto it..

Plate not at the rear, there was no safe mounting point any further back, that would be safe, so it was as rear ward as possible...

So to summarise, yes I would mount another plate like this... (and have)

My understanding now is...
It can be sideways.
It must be vertical from the ground.
It must be seen clearly from the rear.
It must be mounted as rearward as safely possible.

So watch those points of law, that’s what will cover you, not Wof & LVV certs, they help but don’t cover that stuff... don’t count for anything at all when it comes to this, except you’ve tried...
Thing is, that Joe Blogs hasn’t access to this info unless you know it’s there, use it wisely...

Although it still won’t be easy, they will still target motorcycles, the officer is a motorways instructor and they thought they had it in the bag, they have won before and they tried to use those examples... must admit, he shook my hand afterward...!

A good debate, Cos I won...

also a side note that at the 2013 CRC Speedshow and now looking at all the police bikes on the road now i noticed they have changed the position and mounting of their number plates... Hmmmmmm

Advise: (NZ)

If you get a ticket, you have 28 days to write in to appeal; all you can do is write in explaining:

1. It’s as far to the rear and as safely fitted as possible.
2. That you have a WoF and Rego, they didn’t stipulate any issues as to mounting plates.
3. That it’s fitted in an upright manner and that it can be easily seen from the rear of the vehicle.
4. And feel free to also list my case precedent: New Zealand Police V Pearson DC AK CRI-2010-004-021568

Now take this advice, it’s a precedent set in the District Court, it’s not very high like the Supreme or High court but the police tried to use a DC precedent against me in there and it didn’t hold.

And yes! I will continue to mount my number plates this way in the future. (and have)

Just don’t get pissy at the officer for pulling you! (real important)

Remember you’re fighting your own tax dollars and NZ’s biggest patched gang...

Best of luck & God Speed.