Another legal question

Discussion in 'Australian Motorcycles' started by will_s, Nov 24, 2010.

  1. will_s

    will_s Guest

    Problem with my speedo sticking on the Thunderbird ( has happened to
    quite a few t/birds ) and we are all waiting for Triumph to fix the
    bloody problem.



    A few people say that if you get pulled over for speeding tell the
    officer your speedo has stuffed up and show him the speedo which will
    quite often display a speed even through totally stopped ... today it
    showed I was doing 140 and when I stopped it showed 60. Also they reckon
    I should get Triumph or the bike dealership to pay the fine


    My opinion is that it would be a waste of time showing the copper as
    they would say well you shouldnt be riding the bike and then most
    probably put a defect sticker on it


    And I doubt Triumph would pay the fine but then again they have known
    for a while about the problem and haven't fixed it .. thoughts
     
    will_s, Nov 24, 2010
    #1
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  2. will_s

    Marty H Guest

    I know this sucks

    but its your responsibility to maintain your bike in an road worthy
    condition, no one else's

    $29 will buy a a bicycle computer until Triumph comes to the party


    I am not staying it is right, but standing up in court saying you knew
    it didn't work and blaming it on someone else probably will get you a
    mouthful

    just my 2 cents

    mh
     
    Marty H, Nov 24, 2010
    #2
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  3. will_s

    GWD Guest


    It's your responsibility to be traveling according to the speed limit.
    This applies no matter what, so a dodgy speedo is no defence if the
    judge is feeling disinclined to listen to your story.
    If the copper's 'instrument of deterrence is wrong, then it's your
    responsibility to prove it, impossible though that may be.
    Speeding laws are an ass, but a lot of expensive disputes have done
    little but have cost the appellant/s heaps.
    Get a bike speedo, use a GPS, or park the bike up until it has a
    properly functioning speedo.
     
    GWD, Nov 24, 2010
    #3
  4. will_s

    will_s Guest


    2 changes of returning the bike and waiting and thats buckleys and none
     
    will_s, Nov 24, 2010
    #4
  5. will_s

    will_s Guest

    my exact opinion

    as for the speedo .... its an intermittent fault and could be related
    to the heat / sun as riding when cool ( early morning ) it works
    perfectly and after riding for about 10 to 15 minutes after its been
    sitting in the sun it behaves

    also have been told to pull over use the kill switch and try again


    actually am considering getting a motorcycle GPS and then annoying
    Triumph by asking them to pay for it :)
     
    will_s, Nov 24, 2010
    #5
  6. In aus.motorcycles on Tue, 23 Nov 2010 22:27:02 -0800 (PST)
    Find out just what the requirements are.

    Are you absolutely sure a working speedo is required for a vehicle to
    be roadworthy?

    You are required to keep at or under the limit. How you do that is
    your problem.


    Zebee
     
    Zebee Johnstone, Nov 24, 2010
    #6

  7. While Nev and I tend to disagree on most things
    I totally agree with him here
    Tell your Triumph dealer to fix it or complain to the ombudsman.

    O.T. I had problems with the Triumph with a dodgy speedo, same sort of
    problem and it turned out to be misguidance of the speedo cabling through to
    the speedo
    A shuffle around of the cabling, sorted it out
     
    George W Frost, Nov 24, 2010
    #7
  8. You do not require to have a working speedometer to have the vehicle
    roadworthy
    You do not have to have working headlights to have the vehicle roadworthy
    as long as you only drive that vehicle during daylight hours
     
    George W Frost, Nov 24, 2010
    #8
  9. Going on memory (I don't have the ADRs on hand at this time), any
    road-going vehicle that is capable of greater than 40Km/h must have a
    speedo. The ADRs also specify an accuracy specification for the speedo
    (that as it turns out is quite 'loose") but not loose enough to allow it
    to read 140K at standstill.
    Since this is in the ADRs, it's the responsibility of the manufacturer
    to *supply* a speedo, though, ultimately, it's up to the the end user to
    keep it going.

    If you get pulled over for speeding, quoting that your speedo said it
    was ok doesn't make it ok.

    I do not recall any requirement however, for the end user to actually
    pay attention to manufacturer-supplied speedo. You can install your own
    if you like. And if your own is super-accurate and more reliable than
    the built-in unit, then great, if it isn't, then it's the same case as
    above, you still get pinged.

    In the case of this thread, you have right (I presume under warranty)
    to have the built-in speedo fixed to operate within specification, but
    like I said above, it's quite loose. And the trouble and stress might
    not be worth it.
    As already suggested, a bicycle computer (make sure it uses a
    hall-effect sensor, not reed!) will give you a more reliable and
    accurate reading than many manufacturer supplied units.
    This is a more recent change, but correct for now. (in NSW at least
    anyway, I haven't kept up to date in other states).
     
    John Tserkezis, Nov 24, 2010
    #9
  10. It's worse than that. You don't have to *know* your speedo is
    inaccurate to get pinged. It could have drifted and become faulty
    without your knowing, and still not make any difference as far as fines go.

    Basically, your speedo is immaterial to your legally measured speed,
    and applicable fines. So, it's in your best interest to have a usable
    speedo on board, even if it's not from the manufacturer.

    Bashing your head against the wall to get an existing speedo fixed is
    stress enough, but the law doesn't care about that.
     
    John Tserkezis, Nov 24, 2010
    #10
  11. will_s

    JustBiggus Guest

    I wouldnt have taken the bike off the showroom floor with a known
    issue like this...

    Why not... or if you value your license, buy one yourself. I use one
    in both cars these days.. amazing how far out the factory speedos are.
     
    JustBiggus, Nov 24, 2010
    #11
  12. will_s

    Deevo Guest

    They would indeed.
    The speedo is a safety related issue and to have it not functioning
    correctly within the bike's warranty period is something the manufacturer
    must address. If Triumph will not repair it then you should be able to
    force the issue through the small claims tribunal or whatever the equivalent
    organisation is where you live. Having said that riding it knowing of the
    issue makes you liable for the consequences.
     
    Deevo, Nov 24, 2010
    #12
  13. will_s

    will_s Guest

    I thought it was law that motorcycles had to have their lights on in the
    day or is it just a recommendation to bike manufacturers ?
     
    will_s, Nov 25, 2010
    #13
  14. will_s

    will_s Guest

    its mentioned quite a few times in the Triumph forums

    The dealer has advised me that Triumph should have a replacement in a
    few weeks

    Now the speedo has worked most of the time and its not hard to figure
    out when its goes crazy and the suggested fix ie pull over , turn off
    kill switch and turn back on......have tried this the last time it
    happened and it worked
     
    will_s, Nov 25, 2010
    #14
  15. will_s

    will_s Guest


    I will take it on the chin but will enjoy serving it up to Triumph and
    its dealer :)
     
    will_s, Nov 25, 2010
    #15
  16. will_s

    will_s Guest

    I wonder how liable Triumph would be because they have known about this
    problem for a while and my bike build was 10/10 yet they still put a
    part on that was faulty
     
    will_s, Nov 25, 2010
    #16
  17. That came in a few years ago and all bikes from a certain date, were
    required to have the lights hard wired to the ignition.
    But I guess that was overturned later.
    Personally, I would like to see lights on all the time as it creates a
    larger image to the already blind car driver
     
    George W Frost, Nov 25, 2010
    #17
  18. Geezus fuxcking christ Nev, you fucking well amaze me
    first you say :
    ""You should return the bike to the dealer and not ride it again until
    the issue is fixed.""
    now you say that's not true.
    Is this only because I agreed with you and of coarse, anything I say, you
    must instantly disagree with?
     
    George W Frost, Nov 25, 2010
    #18
  19. will_s

    Theo Bekkers Guest

    Check the manufacturer code on the speedo. Sounds like it was made by
    Microsoft.

    Theo
     
    Theo Bekkers, Nov 25, 2010
    #19
  20. will_s

    Theo Bekkers Guest

    Around 1991 and around 1998.

    I think lights on creates a worse image for the motorist. All the motorist
    can see is the light, not the bike, so they have very poor judgement of your
    size, speed and distance. On bikes with a single headlight or two
    combination hi-lo beams it also pretty much removes the usefulness of the
    headlight flasher.

    I would turn the lights off on my bike if it was an easy thing to do, even
    though my bike has separate high and low beam lights (two high and two low
    beam).

    Theo
     
    Theo Bekkers, Nov 25, 2010
    #20
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