Dealer responsibility regarding towing weights?

[Kerry]

Darren, I don't intend to be shafted by you or BM and if you don't like the facts then tough. May be you and BM can jointly pen a sermon together

But just for your benefit this issue has been to fair Trading and the dealer had to wear the raw end of the pineapple so not only is it morally wrong but it is also legally wrong unless of course you want to dispute the Fair Trading finding as well

So Darren do you dispute Fair Trading or still want to support this BS.

And if you think it is the end of the story, then you very badly mistaken.

It would appear some of you probably need to also hold on when the tree starts a shaking.

Regards, Kerry.

[DR]

Darren, I don't intend to be shafted by you or BM and if you don't like the facts then tough. May be you and BM can jointly pen a sermon together

But just for your benefit this issue has been to fair Trading and the dealer had to wear the raw end of the pineapple so not only is it morally wrong but it is also legally wrong unless of course you want to dispute the Fair Trading finding as well

So Darren do you dispute Fair Trading or still want to support this BS.

And if you think it is the end of the story, then you very badly mistaken.

It would appear some of you probably need to also hold on when the tree starts a shaking.

Regards, Kerry.

does the office of fair trade operate on a national level or only a state level..
the case you are referring to was in vic. Tony has stated he went to the QLD office & they said..


I have just spoken to the queensland office of fair trading, and they tell me that the boating trade has no regulation whatsoever regarding this , and could only help me if he sold used cars as well Their suggested course of action was to take out a civil action against the dealer, and if succesfull I could then make a complaint to fair trading queensland who would act on the strength of the civil action

sounds toothless to me, unless you have lots of money to throw at solicitors..

[Kerry]

DR, Then before someone starts stating this is legally correct then they need to produce the facts this it is legally correct instead of what is basically nothing more then their convenient opinion that would appear they want to believe as it conveniently lets them off the hook.


As for Qld? well there are National towing regulations and basically excess dimension regulations that are effectively the same across the states and with court precidence etc do you believe Qld fair Trading would go against previous decision even if in another state?

Lets face it a lot of the boats in question here are built in Qld and if the manufacturer puts up a spec then one would imagine that spec applies to anybody selling a boat in any state.

As for the boating trade having no regulation, how convenient.

Regards, Kerry.

[DR]

made a quick phone call..
rulings in other states do not apply in Qld..

so someone has to spend the big bucks to stop these people or they can keep on doing it. doesn't matter how much members bemoan the fact they have been had, it will keep on happening..
& i doubt these dealers would keep on doing it if they didn't think they could get away with it..

[PADDLES]

DR, you only have to spend big bucks if you've been stung by this already.

the best thing to come out of this is for us all to be aware of the issue and ensure that the boats we buy from dealers are on a trailer suitable for the job. the only way that this issue will "go away" without industry or government regulation is for the customer to regulate it themselves, so everyone let all your boatie/fisho mates know about this.

it should be the right of a customer to demand, as a condition in the sale contract, for the rig to be weighed at the local weighbridge and a certificate of all up weight supplied. if the customer is not happy that there is enough "spare capacity" in the trailer rating to include the fuel/water/beer that he/she wants to carry then either ask for a trailer upgrade or walk away from the deal.

[Kerry]

Paddles probably has the best interim solution in the buyer doing their own enforcing but who is going to make this well known, the BIAQ not bloody likely.

Now that the "logic" of dealers has become apparent the buyer would also have to front up at the weigh bridge just to make sure everything was present and accounted for, tanks were in fact FULL, batteries were in fact FITTED etc tec otherwise the piece of paper is probably worthless.

DR, Then maybe it looks like there will be an influx of dealers moving to Qld where being morally wrong is supposedely legally immoral in that nobody has any interest in what's going on (yet).

Regards, Kerry.

[bootyinblue]

does the office of fair trade operate on a national level or only a state level..
the case you are referring to was in vic. Tony has stated he went to the QLD office & they said..


I have just spoken to the queensland office of fair trading, and they tell me that the boating trade has no regulation whatsoever regarding this , and could only help me if he sold used cars as well Their suggested course of action was to take out a civil action against the dealer, and if succesfull I could then make a complaint to fair trading queensland who would act on the strength of the civil action

sounds toothless to me, unless you have lots of money to throw at solicitors..

DR, Then before someone starts stating this is legally correct then they need to produce the facts this it is legally correct instead of what is basically nothing more then their convenient opinion that would appear they want to believe as it conveniently lets them off the hook.


As for Qld? well there are National towing regulations and basically excess dimension regulations that are effectively the same across the states and with court precidence etc do you believe Qld fair Trading would go against previous decision even if in another state?

Lets face it a lot of the boats in question here are built in Qld and if the manufacturer puts up a spec then one would imagine that spec applies to anybody selling a boat in any state.

As for the boating trade having no regulation, how convenient.

Regards, Kerry.

'WITHOUT PREJUDICE'

Ahh Kerry, I really dont want to have to correct your 'factual information' again, but for the benefit of all Aushfishes its important to have the 'right stuff' on the web

Yes there maybe National Towing Standards, however unless your vehicles and or trailers are registered as a Federal registration, then State legislation is applicable for the roads they are travelling on at the time of incident or intercept.

Now getting back to the original thread topic. There is a very old saying 'caveat emptor'. Its latin and translates to 'Let the buyer beware'. You as the purchaser are responsible for the towing weight of a boat and trailer combination you are purchasing UNLESS you can prove that the seller intentionally misled or intentionally omitted it from fact. This would be more applicable for an over weight boat on an underweight trailer, as he or she will quite wisely make no comment about the capability of your tow vehicle.

Anyway, its good to see you are making many friends in Ausfish as this thread reveals...

[Kerry]

Well aren't we becoming a bit of a yapper! Obviously your going out of your way for no other reason than being a sore looser!

Get the chip of your shoulder as it's becomong very obvious your nothing more than headhunting. Petty attitude.

So can't you find anything else?

[PinHead]

a 6 month old post dredged up...what for ????

[Kerry]

Yeah you'd have to ask the wack why? But it's fairly obvious really!

[Getout]

I bought a similar outfit about a year ago. From memory, the breakaway rule was fairly new. Is it possible that thew standard braking system was legal for over 2000kg when you purchased the rig?

[ozbee]

mate this is all overboard the boat is under and thats that when you buy a car is it weighed with the shoping in the back. secondly even with a full tank you are not over as you have bought a volume of liquid (fuel) not weighted when purchased means on the scales you have 10%loading allowance like other trucks that carry fluids so in fact legally all up you have 22ookg before u get the golden ticket so forget the dunny and the fridge and you be right also the trailer wont die just because its a few kilos xtra secondly if you can keep away from 2 ton xtra brakes far less trouble and maintenace.