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Old 05-21-2004, 18:33   #1 (permalink)
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To fight or not to fight?

Well, yet again my car has caused me trouble. Last night I was pulled over by an unmarked XR8, and pretty much dragged out of my car. I was pushed up against the side of it, and held there until the 2 cops did checks on who i was and searched my car.

As it turned out, I was not the 'suspect' they were looking for, and thus they apologised for their treatment. Although I was (and am still) not happy about it, I can let it pass as it was a simple case of mistaken identity.

However, what I am fuming about is the fact that once Plod had discovered i was not who they thought I was, they gave me 2 fines instead! One for having no P plates - fair enough, my own fault. I accept that one, allbeit unhappily. BUT - second one "unlawful use of additional headlights" - - this has really pissed me off.
I have driving lights installed on my EF, they're in the brake ducts, and they are a neccesity as anyone who has driven an EF will know the headlights are pisspoor at the best of times. Yes I was in a built up area (main street), however its common practice among the XR/SS owners (and even the HWP vehicles) to drive with them on, thus I am not happy about being fined $76 and watching everyone else get away with it.

So, I am thinking of taking it to court, as I feel it doesnt matter - the lights are not blinding, they are angled at the ground, they are not 100w or any huge amount, and they are DRIVING lights, not fog lights which I know are illegal when there's no fog. Ive never been pulled up about them before - driven right past HWP cars and they dont even look twice.

So, my question is - should I take this further? I explained to the cop they were driving lights (even showed him the box they came in as it was in the boot), and they are wired up to a seperate switch so i can control them independent of the headlights, yet he still decided to fine me for having them on.

Any suggestions/comments?
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Old 05-21-2004, 19:45   #2 (permalink)
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Re: To fight or not to fight?

BA Fairmont Ghia drivers were being fined for having their "driving" lights on - even though they came on with the headlights. From memory, it caused a recall for the early BA Ghias. It's a rule that they seem to be enforcing less, or more people seem to be doing it.

I think it might be one you have to "cop" as you can't use the arguement that everyone else does it...
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Old 05-21-2004, 20:15   #3 (permalink)
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Re: To fight or not to fight?

they are illegal to use in city limits. the car was manufactured with headlights that are deamed good enough to use. i would be putting a complaint in about how you were treated though. even if you were the actual suspect it still doesnt give them the right to do what they did.
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Old 05-21-2004, 20:52   #4 (permalink)
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Re: To fight or not to fight?

Hrm, Victoria has something coming in soon about driving lights.

Dunno about NSw though.
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Old 05-21-2004, 21:18   #5 (permalink)
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Re: To fight or not to fight?

Sorry mate but you are stuck with this one - doesn't matter if it is a common practice it is still deemed illegal.

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Old 05-21-2004, 22:03   #6 (permalink)
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Re: To fight or not to fight?

Driving lights on high four wheel drives are very annoying. Im getting sick of been blinded by them I wish cops in qld would do something about it.
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Old 05-21-2004, 22:51   #7 (permalink)
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Re: To fight or not to fight?

Unless you plan to perjure yourself in court.. you have zero chance of winning this one.
The fairmont I had until recently used +50 globes but new aftermarket headlights and they were fantastic. It would be worth looking into to save yourself further grief
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Old 05-22-2004, 00:06   #8 (permalink)
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Re: To fight or not to fight?

I think the rule states you can only have driving lights on when the Highbeams are on. So whether you argue the fact they are Foggies or driving lights your screwed.
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Old 05-22-2004, 05:07   #9 (permalink)
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Re: To fight or not to fight?

isnt it maximum of 2 headlights on, and 2 park lights (if fitted seperate) on while driving in city???
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Old 05-22-2004, 05:57   #10 (permalink)
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Re: To fight or not to fight?

I would certainly consider the complaint about how you were treated.

As for the driving lights im glad to hear they might be cracking down. Ive had my eyes burnt too many times.
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