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hademall

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I could have cashed the cheque myself, kept the money, and maybe nobody would have noticed.
And therefore I hope the karma train didn’t come for you:)
 

J_D 2.0

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LLewellyn's from what I have heard are the same.
It’s one of the main reasons I don’t take my car to a mechanics unless I have to. It’s difficult to trust them with your pride and joy.
 

J_D 2.0

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Workshops do have insurance that cover this stuff, but the argument will definately be over value..
If you’ve got comprehensive insurance you’re covered for mechanics driving your car, but that’s hardly the point.
 

vc commodore

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If you’ve got comprehensive insurance you’re covered for mechanics driving your car, but that’s hardly the point.

Exactly...That insurance should be for a genuine accident/incident, not some dipshit like the thread is about.....
 

Fu Manchu

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These days, with the lack of rego labels being placed on windscreens, it is required the owner of the car sign concent for the car to be driven...However with this, it is stated on the form, the owner states the car is registered, therefore saving the person driving the car being done for driving an unregistered uninsured vehicle...I am also aware, not all places will do this...

I agree with your point.....Be cautious with the signing of things.....Make sure there is nothing on the paperwork, stating that you will be liable for damages to your car, or others as a result of a nitwits actions...
Here in WA you can check rego quickly online.
 

vc commodore

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Here in WA you can check rego quickly online.

Agreed it can be done in S.A and other states, but having it in writing means the owner can't b/s and say, "I told them it was unregistered" if someone else is caught driving it....

It's all about ass covering
 

Skylarking

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These days, with the lack of rego labels being placed on windscreens, it is required the owner of the car sign concent for the car to be driven...However with this, it is stated on the form, the owner states the car is registered, therefore saving the person driving the car being done for driving an unregistered uninsured vehicle...I am also aware, not all places will do this...
Even if the owner signs a release allowing the mechanic to drive the vehicle which states the car is registered. The truth may be that the car is unknowingly unregistered because the owner’s wife forgot to pay their rego a few days earlier.

In such cases, if the mechanic (driver) gets pulled over because NPR flagged a customers car as unregistered, that driver will be fined and will loose demerit points from his license. The police may not entertain a “mistake of fact” defence.

If the business/mechanic wants certainty about the registration status of any vehicle, it will be best if they do a simple registration check online before they head out of the workshop in any customer’s vehicle (cause owners can make mistakes which is why unregistered vehicle fines have increased since rego authorities dropped the rego label)…

In essence any fine and associated demerit points are part of a criminal offence (driving unregistered). The driver would have to challenge the charge in criminal court and it’s a headfuck trying to challenge such charges even with what seems like a mistaken fact defence. Sadly a signed authorisation from the owner giving permission to drive his registered car may not be enough for a judge given that the car is actually unregistered and doing a rego check is such a simple online task (that all businesses should perform). So the fine and demerit points may stick or the charge may get withdrawn (but probably not).

And if the charge doesn’t get withdrawn then the driver would need to make a civil claim for consequential loss against the owner because he signed an authorisation to drive his registered vehicle. But the fact both made an honest mistake that a simple online check could have avoided may mean that the authorisation may not help one party or the other. And in any case license demerit points can’t be removed in civil court… Put another way, sometimes **** can happen.

Really it’s a simple check for any business to do an online registration checks these days and something all businesses should avail themselves of, with every customers vehicle. It’s just easier that way and costs nothing but can save a bunch of angst…

From an individuals perspective, I also agree that being cautious in signing docs is a good idea but sadly most people just sign without even reading the docs they sign :(
 

Skylarking

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If you’ve got comprehensive insurance you’re covered for mechanics driving your car, but that’s hardly the point.
Exactly...That insurance should be for a genuine accident/incident, not some dipshit like the thread is about.....
My normal thought would be I’d expect the business dipshit to claim from their insurance because it’s their fault…

But I’d probably want to go through my insurance if my insurance accepts who the at fault party is and my insurance doesn’t try to charge me any upfront excess… That way I’d be more in control of repair and it won’t impact my no claim bonus since I’m not at fault… And my insurance company will recoup their costs from the at fault party so the dipshit will ultimately pay :p
 

vc commodore

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Even if the owner signs a release allowing the mechanic to drive the vehicle which states the car is registered. The truth may be that the car is unknowingly unregistered because the owner’s wife forgot to pay their rego a few days earlier.

In such cases, if the mechanic (driver) gets pulled over because NPR flagged a customers car as unregistered, that driver will be fined and will loose demerit points from his license. The police may not entertain a “mistake of fact” defence.

If the business/mechanic wants certainty about the registration status of any vehicle, it will be best if they do a simple registration check online before they head out of the workshop in any customer’s vehicle (cause owners can make mistakes which is why unregistered vehicle fines have increased since rego authorities dropped the rego label)…

In essence any fine and associated demerit points are part of a criminal offence (driving unregistered). The driver would have to challenge the charge in criminal court and it’s a headfuck trying to challenge such charges even with what seems like a mistaken fact defence. Sadly a signed authorisation from the owner giving permission to drive his registered car may not be enough for a judge given that the car is actually unregistered and doing a rego check is such a simple online task (that all businesses should perform). So the fine and demerit points may stick or the charge may get withdrawn (but probably not).

And if the charge doesn’t get withdrawn then the driver would need to make a civil claim for consequential loss against the owner because he signed an authorisation to drive his registered vehicle. But the fact both made an honest mistake that a simple online check could have avoided may mean that the authorisation may not help one party or the other. And in any case license demerit points can’t be removed in civil court… Put another way, sometimes **** can happen.

Really it’s a simple check for any business to do an online registration checks these days and something all businesses should avail themselves of, with every customers vehicle. It’s just easier that way and costs nothing but can save a bunch of angst…

From an individuals perspective, I also agree that being cautious in signing docs is a good idea but sadly most people just sign without even reading the docs they sign :(

Must be some substance to the piece of paper being signed stating about a cars registration status as I believe it was drafted by the MTAA in conjunction with the coppers

It's the way it works these days...Covering ones ass
 
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J_D 2.0

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My normal thought would be I’d expect the business dipshit to claim from their insurance because it’s their fault…

But I’d probably want to go through my insurance if my insurance accepts who the at fault party is and my insurance doesn’t try to charge me any upfront excess… That way I’d be more in control of repair and it won’t impact my no claim bonus since I’m not at fault… And my insurance company will recoup their costs from the at fault party so the dipshit will ultimately pay :p
Well yes but if idiot mechanics didn’t decide to take their customers car out for a flog we wouldn’t have this problem at all, would we. :rolleyes:
 
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