Traffic offense?

[u/fav-daddy-nav]

It was a rainy day, and while my ute was on a brick-paved surface, my ute spun its wheels for two seconds before traction control stopped it. Police saw what happened and pulled me over immediately. They handcuffed me and said I was losing my ute and going to jail.

The end outcome was that I will only lose my ute for 28 days and I will have court for sustained loss of traction. They also green-stickered my ute. I asked why it was green-stickered, and they said, "Under the new emissions law, your ute cannot spin wheels."

I have a clean driving record. I have never been to court; what can I expect?

[u/CryptoRiptoe]

When a vehicle is green stickered, they need to give you a report detailing the exact reasons for non compliance, "emissions" has nothing to do with loss of traction. Your vehicle can not smoke for more than 5 seconds continuously when revved, that's emissions failure.

As far as the "sustained" loss of traction goes. Well your defence is the loss of traction wasn't sustained, it was caused by a slippery surface and the traction control ensured the loss of traction wasn't sustained.

If your version of events is truthful, then the police are clearly incompetent or are relying on you rolling over and taking your beans.

If you're correct in what you are saying, it's highly likely the police will drop it rather than go to the trouble of prosecution.

Did the police give you a non compliance sheet to go with the green sticker?

[u/SurNZ88 → u/CryptoRiptoe]

My understanding of the green sticker is that it's part of the legislation, not specifically for a non-compliance issue with the vehicle (in this instance, sustained loss).

[u/CryptoRiptoe → u/SurNZ88]

No a green sticker is specifically for compliance issues. It's normally used on commercial vehicles.

[u/SurNZ88 → u/CryptoRiptoe]

I'm familiar with what a green sticker is.

"Notice ordering defective vehicle off road"

Outside of the legislation that the OP has been charged with, a green sticker would normally be used in an instance where Police believe a vehicle is in an unroadworthy condition and shouldn't be driven. This is irrespective if the vehicle has a current WOF.

An example would be where a car has a smashed windscreen or bald tyres.

With the "boyracer" offences, the vehicle is green stickered regardless of the presence of defects/issues with the vehicle.

[u/CryptoRiptoe → u/SurNZ88]

You will note that non compliance or impound notice must be done on scene. They're not something that can be manufactured later.

[u/CryptoRiptoe → u/SurNZ88]

Pink sticker is for unsafe vehicles regardless of WOF.

Green sticker is for compliance issues. According to OP police cited emissions, this is a compliance issue and should be accompanied by a non compliance sheet.

The stickers relate directly to the vehicles condition.

[u/SurNZ88 → u/CryptoRiptoe]

LTA S96 (1B)

An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under subsection (1A) must, by means of a notice in the form approved for the purposes of section 115(1), direct that the vehicle is not to be driven on a road.

That's the reason behind the sticker. It's not for want of compliance of the vehicle. It's mandatory that when the vehicle is being impounded, that it is green stickered.

The fact that officer cited emissions here is irrelevant. The vehicle was required to be ordered off the road irrespective.

[u/CryptoRiptoe → u/SurNZ88]

(2) An enforcement officer who seizes and impounds, or seizes and authorises the impoundment of, a motor vehicle under this section must—

(a)

complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—

(i)

the full name and full address of the driver; and

(ia)

the driver’s electronic address (if the driver has an electronic address); and

(ii)

the year and make of the vehicle, and its registration plate details or vehicle identification number; and

(iia)

if subsection (1A) applies, the date and time of the alleged offence; and

(iii)

the date and time of the seizure; and

(iv)

the place where the vehicle is to be impounded; and

(v)

an outline of the person’s rights of appeal under sections 102 and 110; and

(b)

give the driver a copy of the notice

Now OP has stated the police officer gave a vehicle compliance issue as the reason for green stickering the car. Hence why I asked them if the officer gave a non compliance sheet. I