Roadworthiness / Vehicle Transfer problem

**dciisir** · 03-01-2013 06:23 PM

I am located in Vic and have sold my civic to a buyer in SA. When they took the car back, they had the car inspected but it failed. The inspectors physically removed the compliance plate on the car. Is this legal ? The car is an Aus delivered car. The officers mentioned that the battery was rubbing on the plate and had wiped out the last 7-8 digits of the Vin on the plate. I have got some pics of the engine bay and I can see clearly that the battery was no where near the plate. The inspector is currently holding on to the plate and refused to return to the buyer of the car. Again is this legal ?

What would happend if the buyer is not able to transfer the vehicle to their name before the rego runs out ? I have had the Vic transfer papers signed. In Vic, authorised mechanics can carry out a roadworthiness check but apparently in SA, you can only go to designated places to get them inspected.

I don't want to jump to any conclusion but it seems to be a great way to make money for the inspectors to fail a car and have the vehicle inspected at a designated place. Also, in Vic when you go and get a roadworthiness cert, if you fail because of tyres of windscreen, you can take the car away and get it replaced and go back to them and they will pass you. There is no additional charge on top of this. Is this the case in SA as well ? Would you have to pay again for the 2nd inspection ?

I was wondering if anyone could share some thoughts and also opinions on how to go abouts this ? I am keen to assist the buyer to get the vehicle transferred to their name.

**mooshie** · 03-01-2013 10:05 PM

There is something missing from this story...

What was the compliance plate for? What kind of inspection was the buyer going for?

In SA the first step is a tier 2 otherwise known as an identity inspection where they run all the numbers on the vehicle to check if its all legit. At this time they can also determine if a roadworthy is required, reasons could include poorly maintained safety components, missing compliance plates, modifications etc. They could also send you for a tier 3 inspection which is a much more thorough roadworthy really.

I am guessing but if the compliance or VIN plate is damaged or tampered with in any way it is illegal and so they would have a right to confiscate it.

In the end it is buyer beware and he should have checked on the requirements for bringing in the car from another state. I wouldn't even try to bring in anything modified unless you have stock parts to put back on.

**dciisir** · 04-01-2013 07:41 AM

I'm not entirely sure what you mean by "What is the compliance plate for?"

Every Aus delivered car has a plate in the engine bay. The buyer purchased a vehicle from Vic and is wanting to transfer the vehicle to his name in SA. For that to happen in SA, apparently the car needs to be inspected. That is it. Not sure what you mean by "There is something missing from this story" either.

The car is a civic em1 with a jdm b18cr motor in there. There is an engineers plate in the car which deem it 100% legal. The car had a CF bonnet, a pretty loud exhaust and possibly dark tint windows. Apart from that, I believe everything else should pass roadworthy.

**brad** · 04-01-2013 04:05 PM

Yes they can hold the vehicle if they are suspicious of it's origins. I.e. Rebirthed/Stolen/Written off. Similar thing happened to a mate with his JDM DC2R, ended up giving it back to him after a few months, catch was he was never allowed to register it again.

Also, engineer's certs from interstate carry no weight here in South Australia, but the system here is a bit hit and miss as to what they pass and deny.

As for the missing VIN numbers, no idea on that one. Sounds dodgy, and I assume that's what Mooshie means by "something missing".

EDIT:

The only place to clear Defects and Interstate Vehicle Identity inspections is through the Department of Transport. These aren't private workshops, they are Government run. I doubt they think about it as a 'great way to make money'.

**dciisir** · 04-01-2013 04:24 PM

The Vin numbers were on the compliance plate when I bought the vehicle because I checked it. However during the course of 1.5 years of ownership, I never looked again. The pic of my engine bay was taken when I was changing the batteries over and it quite clearly shows that it is not touching the compliance plate. The battery was only changed about 2.5 months back. Hence I am just a little suspicious as to why the numbers were rubbed out.

Is there a way to get a new compliance plate from Honda or something ?

**justin333** · 04-01-2013 05:45 PM

Hey dude did u sold yr car to a guy that from Hong Kong n we came to VIC for picking up the car on last week??

**Setanta** · 04-01-2013 08:19 PM

Did the SA inspectors forget that the VIN is also stamped on the firewall? Pretty sure this is how vehicles get rebirthed. It certainly was in Victoria and Qld. There's a lot of Federal Govt info her on ID/compliance/import plates here: http://www.comlaw.gov.au/Details/C2012C00175 but nothing on the legalities of a government official removing the compliance plate. Compliance plates are only used when the car is first registered and only link ADRs to the VIN. They do not identify the car itself (2 rivets - seriously?), but merely state that it meets ADRs (and reminds you that you must comply to those ADRs). There's a whole university submission to the govt outlining the uselessness of compliance and build plates on the net.

There is something fishy about this whole situation. Either something dodgy is being done or there is information missing. Why exactly did the SA authorities remove the plate. They would have told the new owners the exact reason and the VIN as an excuse doesn't wash as it's stamped to the chassis.

A word of warning, don't refund and take the car back without the VIN plate (if you were contemplating such) because my far too suspicious mind would work along the lines of: car is purchased, car returned sans plate, car gets new compliance plate in NSW yet strangely enough a second EM1 in SA ends up with the "same" VIN stamped on a chassis ($120 die set and hammer can do this) and an original compliance plate. Not saying the buyers might do that, but who knows who has that plate now.

**dciisir** · 04-01-2013 10:14 PM

Originally Posted by justin333

Hey dude did u sold yr car to a guy that from Hong Kong n we came to VIC for picking up the car on last week??

Yes this was the car that was sold last week to a couple from SA and they picked it up from Vic.

**dciisir** · 04-01-2013 10:21 PM

Originally Posted by Setanta

Did the SA inspectors forget that the VIN is also stamped on the firewall? Pretty sure this is how vehicles get rebirthed. It certainly was in Victoria and Qld. There's a lot of Federal Govt info her on ID/compliance/import plates here: http://www.comlaw.gov.au/Details/C2012C00175 but nothing on the legalities of a government official removing the compliance plate. Compliance plates are only used when the car is first registered and only link ADRs to the VIN. They do not identify the car itself (2 rivets - seriously?), but merely state that it meets ADRs (and reminds you that you must comply to those ADRs). There's a whole university submission to the govt outlining the uselessness of compliance and build plates on the net.

There is something fishy about this whole situation. Either something dodgy is being done or there is information missing. Why exactly did the SA authorities remove the plate. They would have told the new owners the exact reason and the VIN as an excuse doesn't wash as it's stamped to the chassis.

A word of warning, don't refund and take the car back without the VIN plate (if you were contemplating such) because my far too suspicious mind would work along the lines of: car is purchased, car returned sans plate, car gets new compliance plate in NSW yet strangely enough a second EM1 in SA ends up with the "same" VIN stamped on a chassis ($120 die set and hammer can do this) and an original compliance plate. Not saying the buyers might do that, but who knows who has that plate now.

If my memory serves me correctly, I believe the buyer said something along the lines of - the inspector took out the compliance plate because the numbers were rubbed out. They refused to return the plates to the owner of the vehicle.

I am not entirely sure what you are you trying to say in your last paragraph ? The buyer bought the car and is just wanting to transfer the vehicle to his name. Are you saying that the inspectors are possibly trying to take the plates out and re-distribute it so another vehicle somewhere can be re-birthed ?

**Setanta** · 05-01-2013 01:13 AM

I'm not saying anything - but central register of vehicles there isn't, just state-wide. I guess if you think about it, a plate is a good start to a rebirth. Owner should now write a letter to SA roads/local member to get some action because losing a couple of numbers off it doesn't sound like a reason for it to be removed.

**Danzvtil** · 04-03-2013 10:12 PM

it seems dciisir, you are genuinely wanting to help the purchaser, BUT, you offered the vehicle for sale, it was purchased by someone from interstate who then by taking it into their home state takes the risk of whether it will be approved to reregister or not.Your obligation ends when the vic transfer paper was signed.

**Tegzieboi_BAR** · 08-03-2013 11:10 AM

Unfortunately South Australia is one of the harshest states when it comes to clearing defects, engineering mods and especially registering modded vehicles from interstate. Perhaps the buyer should have looked into this before purchasing. I'm sure the car will be able to get registered here but I have a feeling every mod will either need to be put to standard again or re-engineered from scratch which will take time and $$$... good luck.

As already stated, I can tell you are being a good seller by trying to help this guy out but the research should have been done on his part before purchase. Hope it works out though.