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  #43  
Old 05-02-2011
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It doesn't apply to just 4wd vehicles it applies to all vehicles on the road.

Injuring someone else I do not know about any incidents but I have met people who've been rejected insurance claims due to unroadworthy vehicles (one of them was from this forum).
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Old 05-02-2011
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Quote:
Originally Posted by Nemesis View Post
Actually their insurance is no different to any insurance, this is from their website (tcis)

"Modifications
No restrictions applied to vehicle modifications providing the vehicle remains legally roadworthy."
OK, so how do you know your vehicle is "roadworthy"
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  #45  
Old 05-02-2011
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Quote:
Originally Posted by Jeep To Be View Post
OK, so how do you know your vehicle is "roadworthy"
does your vehicle meet all road worthy requirements in the state you live in?

As in, if you take it to your local department of transport inspection station will it pass with flying colours or will they tell you your life is unapproved/excessive according to their measurements, or your tyres are too big, or your spotlights are in the wrong place, or your bumpers do not meet specific ADR, are any lights blown? etc etc

It is unfortunate that alot of it is completely unrealistic and often their regulations/design approvals conflict each other. And then the states can't even agree on a common law meaning your 100% legal NSW registered vehicle can drive into QLD and be defected and put on a tilt tray to a holding yard by the first police or DoT officer who singles you out.
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Old 05-02-2011
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So is it considered "roadworthy" when it comes new from the dealer?
By that, I mean if there are mods fitted by the dealer (lift and tyres mainly), should you expect it to be in a roadworthy state?
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  #47  
Old 05-02-2011
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from the UK but law is essentially the same.....

Land Rover death crash father jailed for two years for causing the death of his four children

A man was jailed for two years today for causing the death of four of his children by driving dangerously.

Father-of-seven Nigel Gresham, whose children died when his dangerously modified Land Rover plunged into a river, was sentenced at Lincoln Crown Court.

Gresham was found guilty of four counts of causing death by dangerous driving after a trial at the same court last month.

During the trial, the court heard the 37-year-old was behind the wheel of his modified Land Rover when it careered into the River Witham, Lincolnshire, on September 16, 2007.

His children Willow, two, Angel, four, Thor, six, and eight-year-old Keavy - passengers in the four-wheel drive - died in the crash at Tattershall Bridge.

Gresham, formerly of Chapel Hill, Lincs, kept his head bowed as sentence was passed in front of a packed public gallery.

Judge Michael Heath told him he would serve at least half of his two-year sentence and would be disqualified from driving for five years.

Sentencing today, Judge Michael Heath said: "I have to express the sad and harsh reality of your position in plain terms.

"You were found guilty by the jury of four counts of causing death by dangerous driving. Those who died were the four youngest of your seven children. What happened was horrendous.

"I do not need to rehearse the dramatic details. The evidence against you was overwhelming.

"The simple fact is that your Land Rover should not have been on the road. It was, to coin a phrase, an accident waiting to happen.

"The vehicle was in appalling condition, its many and various defects were plain from the expert evidence given at trial."

The judge said collision investigators had never seen such a badly maintained vehicle before.

He said Gresham had failed to maintain the Land Rover and some of what he had told police when interviewed about the state of the vehicle went "beyond complacency into arrogance".

The judge added: "Not only would it have been blindingly obvious that driving the Land Rover in that condition would be dangerous, but you also drove it in a dangerous manner. You were driving that Land Rover too fast for that road.

"The inescapable fact is that the blame for this accident lies entirely with you. I have not the slightest doubt, for it is obvious, that you desperately regret what happened.

"The best expression of remorse would have been a plea of guilt.

"I find it hard to understand how you could place the lives of your partner and seven children in grave danger by allowing them to travel in such a vehicle."

The judge said the impact of the accident on everybody was "immeasurable".

During the trial last month, the court heard Gresham was driving along Witham Bank at between 50mph and 60mph when he confronted a Transit van towing a trailer of canoes in the opposite direction.

He pulled the Land Rover over to the nearside but as it mounted the grass verge a bracket close to the rear axle snapped.

This turned the car on to its side, before it flipped over, rolled down the bank and plunged into the river.

Members of the public rushed to help the family, but four of the seven children did not survive.

Gresham, his partner Sara Bolland, 31, and their three eldest children, Liam, 14, Amber, 11, and Star, 14, survived the crash.

The court heard the Land Rover had many "ill-judged" modifications to improve its off-road performance.

Police investigating the case said was the "worst maintained" vehicle they had seen in years and "completely unroadworthy".

Officers found 30 defects on the yellow Land Rover 110 Station Wagon after the crash, including a failing hand brake, worn rear brake drums and shoes, loose steering wheel and mismatched calipers.

After the case, the senior investigating officer said any one of the defects "could have failed with catastrophic consequences".

Gresham denied the four charges and told police he "did everything he could" to avoid the tragedy.

He described the vital last seconds before the accident as a "no-win situation", the court heard.

The children's mother, Sara Bolland, broke down as she made a statement outside the court after the sentence today.

She said: "I would like to thank everybody who helped at the scene on the day of the accident.

"I can't thank people enough for what happened.

"The prison sentence for Nigel, I don't feel it's enough for my children's lives but also I am sure he is very sorry for what happened.

"Whatever happens from now on in, it's never going to bring my children back.

"Now I wish that we be left in peace to carry on and try to rebuild lives with my three children."

Sergeant Dave Kay, senior investigating officer in the case, added: "This has been a long and difficult investigation, probably the most difficult collision investigation I have had to deal with in my 29 years.

"I want to draw a line underneath this now.

"I have said many many times that there are no winners in fatal crashes.

"Nobody has won out of this collision, nobody has won out of this prosecution.

"I just hope the family can start to rebuild their lives, and that includes Nigel Gresham as well."
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  #48  
Old 05-02-2011
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Its pretty easy really, jump on to the transport web site for your site and look up vehicle modifications.

For example, in QLD tyres can not increase in diameter by more than 15mm or decrease by more than 25mm. Wheel track can not increase by more than 50mm, tyre width on a solid axle beam vehicle can not increase by more than 50%, tyres can not foul on anything under any circumstances, ride height can not be altered down by more than 1/3 the travel to the bump stop, ride height can not be raised by more than 1/3 the distance to to the rebound stop (which translates to max 30mm lift in QLD...) etc.etc.etc.....

These tidbits are just paraphrased from the QLD vehicle modifications handbook downloaded from the QLD transport site. If your vehicle is modified outside any of these guidelines then technically it is not roadworthy. A not roadworthy vehicle can not be registered, an unregistered vehicle can not be insured etc etc again...

Its a fine line most of us run modifying as much as we can without it being as obvious enough to get defected for it. For example the new PP panhard rod I just installed is not legal in QLD, as it doesnt have rubber bushes each end.....
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  #49  
Old 05-02-2011
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I think you raise valid points but this seems highly unlikely and never heard of a situation like this yet and i know of highly modified unengineered forbies and cars in collisions and insurance paid without question.

Yes it is a risk but a unlikely one unless it is blatantly obvious that your fourbie or car is not road worthy
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