Legality Of Not Having Spare Wheel  

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johnjohnmulley
  • johnjohnmulley
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  • Joined: 9-March 07
  • Posts: 320
Post #1 post 21st June 2010 - 06:46 PM
I have to go to an inspection soon for some defects, and I'll have some trouble getting a spare wheel into my car.

Does anyone know if it is ILLEGAL to not have a spare wheel at all?
I dont want to hear "my friend told me it was"... If possible a link to the QLD transport part where it actually states it.
I've looked everywhere and can't find it, but on some other forums it says you don't need one...

Thanks in advance.

WRS_STI
Post #2

must have spare tyre, its defect if u dont have one in the car.

BlownBMW
Post #3

QUOTE (WRS_STI @ Jun 21 2010, 07:49 PM) *
must have spare tyre, its defect if u dont have one in the car.


this 100% thumbsup.gif

vomit
Post #4

EDIT: I was wrong...

Toy32
Post #5

its all a load shit i reckon..they always try and find some bullshit reason to defect ya.. they cant go out and get all them people that r braking into places to pay for there drugs or wat ever.. like shit!! its your falt if u get a flat tyre and cant put another one on there cause u dont have a spare..its just BULLSHIT!!!

DAN-O
Post #6

Have been told by mechanic who did my RWC that it was not a "roadworthy" item, so i rang transport and they confirmed. I rang the inspection station and again to a transport official who both said NO. Waited on hold for fu#*in ages too...

Rancher
Post #7

To the people who said its defectable and illegal. Wrong.

Its not Illegal or defectable to not have a spare tyre in your car. Its illegal and defectable if the spare tyre is bald and flat though.

leaded
Post #8

you don't actually need a spare, a jack or wheel brace for a road worthy. but if you have one it must b a roadworthy tyre.

BlownBMW
Post #9

it IS a defect for not having a spare wheel in your car, been in mates Charger twice now, where has been issued a defect notice for it, alogn with other stuff

newsky06
Post #10

as other have said, it is not illegal not to have a spare or jack, but if u do have a spare, it must have legal tread.


and to those who said its illegal, are just fucking stupid

High Boost Hero
Post #11

I thought that some cares ie rx8 didnt come with them... Only patch kits

I havent looked into it in years......

I may be wrong

BlownBMW
Post #12

if police are issuing defects for NOT having a spare wheel in the car, then obviously they must see it as illegal

Infy
Post #13

well then your mate should have fought it,

it is NOT illegal to not have a spare. as said previously it IS illegal to have one that is in un-roadworthy condition.

b.t.h
Post #14

wheres xxxxgold?

Infy
Post #15

rx-8 also came with space saver .. (ive had to use mine on occasion :S)

and whether the police deem it illegal or if it actually is is another matter

newsky06
Post #16

QUOTE (BlownBMW @ Jun 21 2010, 07:14 PM) *
it IS a defect for not having a spare wheel in your car, been in mates Charger twice now, where has been issued a defect notice for it, alogn with other stuff



your friend must have done some thing really stupid or really pissed off the copper for him to defect him.

cause how can it be a defect and yet you can pass a RWC with no spare???????? doesnt make sence

INVU
Post #17

whats the point of a spare tyre? 9/10 times if someone needs one its either flat or popped anyway :| ?

newsky06
Post #18

also all mini's dont came with spares?

so all new mini's a in a defective state????? i dont think so.

warney
Post #19




QUOTE (leaded @ Jun 21 2010, 07:11 PM) *
you don't actually need a spare, a jack or wheel brace for a road worthy. but if you have one it must b a roadworthy tyre.



this is true.....ask next time for the d.o.t roadworthys number, and when he says no i dont have one say how do you know my car is roadworthy ????

jakefake
Post #20

Just secure it on the back seats

Manic 180
Post #21

QUOTE (BlownBMW @ Jun 21 2010, 07:18 PM) *
if police are issuing defects for NOT having a spare wheel in the car, then obviously they must see it as illegal

Not all cops know the RUM legislation back to front and often assume its illegal when its not, the amount of times i used to pull the road use management legislation out of the glove box to 'school' some officers is scary. (I used to be a bit of a smart arse and was often fined accordingly)

BlownBMW
Post #22

first time was just parked in a car park at a meet, 2nd time was just driving along and randomly pulled over, both times not a single thing wrong, and both times was calm and didnt argue with the cop, just stood there as the cops went over it

yet both times, 2 different cops, over 6 months apart, he received defects for NO spare wheel, since ive been there and seen its possible to be defected for it, whether your meant to be defected for it or not, id say just run 1

billanmeg
Post #23

you don't need a spare, if you get defected for not having one argue it and you will win. if you have a spare that is fucked and you get defected, argue it and you will win. it is not illegal. i know i will be told i'm wrong but i'm not. the rules are clear. spare tyres are not included in an inspection. the only time you can be defected for a spare tyre being fucked is after you fit it to your vehicle, and then it's not a spare tyre anymore.

WRS_STI
Post #24

O.T
tongue.gif what happens with cars that doesnt have factory spare wheels.?

BlownBMW
Post #25

laws in this state are fucked up, it shows, even the people who are meant to enforce these laws, don't even know them

newsky06
Post #26

QUOTE (billanmeg @ Jun 21 2010, 07:35 PM) *
you don't need a spare, if you get defected for not having one argue it and you will win. if you have a spare that is fucked and you get defected, argue it and you will win. it is not illegal. i know i will be told i'm wrong but i'm not. the rules are clear. spare tyres are not included in an inspection. the only time you can be defected for a spare tyre being fucked is after you fit it to your vehicle, and then it's not a spare tyre anymore.



the space tyre IS included in the RWC inspection if there is one in the car.

And you can and will get a ticket/defect for have a illegal spare even if it is in your boot. you will be fined for intent to use illegal tyre.

warney
Post #27

ok if the tyre is in there you can get done, and if its bald, and flat (safery or some shit, ) or no jack, or tyre is ok toobut if ya have a jack ya need a tyre!!!!

its fucking stupid!!!

warney
Post #29

oops , thats scotland.....

Infy
Post #30

QUOTE (billanmeg @ Jun 21 2010, 07:35 PM) *
you don't need a spare, if you get defected for not having one argue it and you will win. if you have a spare that is fucked and you get defected, argue it and you will win. it is not illegal. i know i will be told i'm wrong but i'm not. the rules are clear. spare tyres are not included in an inspection. the only time you can be defected for a spare tyre being fucked is after you fit it to your vehicle, and then it's not a spare tyre anymore.



if you have a spare that is not roadworthy you can and will get booked for it. Not having one is fine, having one that is rooted is not (as they will argue the moment you require it you will use it thus making it unroadworthy)

billanmeg
Post #31

QUOTE (Infy @ Jun 21 2010, 07:48 PM) *
if you have a spare that is not roadworthy you can and will get booked for it. Not having one is fine, having one that is rooted is not (as they will argue the moment you require it you will use it thus making it unroadworthy)



they can argue that all they like, but police can't go around making up their own laws. there are no rules covering spare tyres (other than the manufacture of space saver wheels), having a shitty spare is not against any laws until it actually is fitted to a vehicle.

billanmeg
Post #32

QUOTE (newsky06 @ Jun 21 2010, 07:42 PM) *
the space tyre IS included in the RWC inspection if there is one in the car.

And you can and will get a ticket/defect for have a illegal spare even if it is in your boot. you will be fined for intent to use illegal tyre.


there is no such law.

patrol1oz
Post #33

straight from the code of practice

road wheels only relate only to the wheels in contact with the road the spare is not included in a safty check...

so it does not matter if it is rooted or not it in not defectable unless its on the road.

billanmeg
Post #34

QUOTE (patrol1oz @ Jun 21 2010, 08:06 PM) *
straight from the code of practice

road wheels only relate only to the wheels in contact with the road the spare is not included in a safty check...

so it does not matter if it is rooted or not it in not defectable unless its on the road.



thumbsup.gif someone who actually knows what he's talking about.

xxxxgold
Post #35

It's quite simple, there is no legal requirement to carry a spare wheel/tyre. Additionally, if a spare is carried, there is no requirement for the tyre to be roadworthy, or the wheel free of defects. It could be as bald as Peter Sterling, it just doesn't matter. The only requirement is the spare (if applicable) must be securely retained.

If you have been fined/defected/refused a RWC on the basis of a bald spare tyre, you should not have been.

Edit - Beaten sad.gif

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