The law and opening your bonnet

msg11

Stop last night for driving like a nutter ? Which I was not, because I was stopping at a red light they turned green and a white car shot by me it was stopped at the lights, then another red car behind me driving mad, the van pulled in and I was told this, I didn't start an argument.

Was just pondering what is the law with regards too the power of the gardai to inspect an engine bay ? I opened it for him nothing to hide, just wondering do they have the power too do this , without a search warrant or is it under the same heading as stop and search ?

bbam

And why wouldnt they...
I know round home they've been pulling boy racers and checking for mods..
We need more action like this to get the nutters off the roads...

Like you say yourself... who cares if there's nothing to hide ??

Run_to_da_hills

A cop has the right to request a visual check to see if a car is roadworthy and also if it is genuine, ie engine & chassis number or engine cc size which could require the bonnet to be lifted in most cars. .

bbam

bbam wrote: »

And why wouldnt they...
I know round home they've been pulling boy racers and checking for mods..
We need more action like this to get the nutters off the roads...

Like you say yourself... who cares if there's nothing to hide ??

I should add... They've lifted 2 Glanzas which were imported as 1.3 Starlets..

Plug

I have a friend who was pulled in and searched 4 times in ONE week!!!
First weeks drving.

msg11

Plug wrote: »

I have a friend who was pulled in and searched 4 times in ONE week!!!
First weeks drving.

Sorry to hear plug, but I don't want a thread to start on pulling.

I had no problem showing him under the bonnet, but he asked what car it was, I said a mirage, he asked was it a mivec I said yes, cj4a, and he did not even check after that.

As I said in the post at the top, I was mistaking for another car, he should have been the one pulled over, as I even seen him in front and the lad behind racing up to the first set of lights. Case of wrong place wrong time.

And if you ask, yeah sure, I would never open a car up were I was pulled, because it is patroled quite alot. Not that I open it up, have not got 100's to spend on petrol per week.


Anyways, I take it they are aloud without reason to request to see the engine.

Oh yeah, and about that boy racer comment. Get over yourself, I was on my way to work, and was held up for 20 mins for something I had nothing to do with.

Cionád

msg11 wrote: »

Oh yeah, and about that boy racer comment. Get over yourself, I was on my way to work, and was held up for 20 mins for something I had nothing to do with.

Take it easy, he didn't call you a boy racer.

Slidey

if you have got something to hide just disconnect your bonnet pull cable...
that'll stop them in their tracks

D_murph

slideways wrote: »

if you have got something to hide just disconnect your bonnet pull cable...
that'll stop them in their tracks

because under the bonnet near the hot engine is the best place to hide things as well lol. no wonder they would look there :rolleyes:

if they dont fall out the heat might ruin them or you could even start a fire in there too although i would use the heater myself TBH :rolleyes:

Slidey

D_murph wrote: »

because under the bonnet near the hot engine is the best place to hide things as well lol. no wonder they would look there :rolleyes:

if they dont fall out the heat might ruin them or you could even start a fire in there too although i would use the heater myself TBH :rolleyes:

I meant engine wise... thought this thread was about that...

Tipsy Mac

bbam wrote: »

I should add... They've lifted 2 Glanzas which were imported as 1.3 Starlets..

Must be dumb asses down the VRT or else they were on the take, cops should be chasing the idiots who made this mistake.

D_murph

slideways wrote: »

I meant engine wise... thought this thread was about that...

i wasnt getting at you man

Slidey

defo need to get a sarcasm smiley face, it just doesnt travel well via the keyboard.. no worries :-)
And for the record under the air filter is where i'd hide my 'stash'

D_murph

slideways wrote: »

defo need to get a sarcasm smiley face, it just doesnt travel well via the keyboard.. no worries :-)
And for the record under the air filter is where i'd hide my 'stash'

cool :D

actually if you hold the mouse on the rolleyes smiley it comes up as sarcastic as well

msg11

lol at some of the stuff in the thread! Well you would be glad to know that I do not do any drugs. A few smokes, that is were I draw the line.

Sure I do not even have one of them induction pieces of **** in the engine bay, all stock !

Absolute glanza's, is that a turbo ? No , its a cold water feed for some drinks when I am driving ! Really is that why it says turbo on it ?

Actually, I think the car that was stopped with me was a GT turbo, as if I would be racing that !!! (The whole situation was totally shameful !)

JohnCleary

Under qualifications does a Garda have, to tell you about your engine? Didn't know they spent a few weeks up in the FÁS centre learning the in's and outs of engine modification

Garda != Mechanic/Tuning specialist

Fey!

JohnCleary wrote: »

Under qualifications does a Garda have, to tell you about your engine? Didn't know they spent a few weeks up in the FÁS centre learning the in's and outs of engine modification

Garda != Mechanic/Tuning specialist

A couple of guys I know in the traffic corps would amaze you with their mechanical knowledge, but they're lads who've always been into their cars.

ciarsd

JohnCleary wrote: »

Under qualifications does a Garda have, to tell you about your engine? Didn't know they spent a few weeks up in the FÁS centre learning the in's and outs of engine modification

Garda != Mechanic/Tuning specialist

I don't get it - Gardai are as human as anyone else and just as likely to have other interests, including motors.

The only reason they ask to look into a car further at the side of the road is if they suspect a car to be something it's not declared/insured/taxed as - Starlet GT/Glanza V/Mivec Colt's, Mirage's, Lancer's/Skyline's/Sylvia's the list is endless..

JohnCleary

Fey! wrote: »

A couple of guys I know in the traffic corps would amaze you with their mechanical knowledge, but they're lads who've always been into their cars.

ciarsd wrote: »

I don't get it - Gardai are as human as anyone else and just as likely to have other interests, including motors.

The only reason they ask to look into a car further at the side of the road is if they suspect a car to be something it's not declared/insured/taxed as - Starlet GT/Glanza V/Mivec Colt's, Mirage's, Lancer's/Skyline's/Sylvia's the list is endless..

I'm not for 1 second that a Garda standing in front of me is of less mechanical knowledge than me, my question is, where in his job description does it say he has the right to inspect a cars structure/engine?

I know plenty about mechanics - Doesn't give me the right to evaluate someones car. I know a bit about the law too - but that doesn't make me a solicitor. Infact I know a bit about boats - Does that make me a Captain, yarrr!?

Isin't there a special (PSV or something??) officer whose job it is to inspect cars? If a Guard deems a car suspicious, imho his only right/opinion is to have the car seized for inspection by a professional. I guess in a way it's better to just lift the bonnet, let the guard have a lookski and be on your merry way

I'll never forget the guy who owned my EVO before me. It's not a loud exhaust but has anti-lag so pops like a bitch. Guard one day (being sound) wanted to see how loud the exhaust was. So the (then) owner revved her up, Guard was satisfied that the exhaust itself wasnt loud. Before he got a chance to walk away... BANG... Owner had revved it in such a way that it'd make max BANG... cheeky fecker. Guard laughed it off and sent him on his way. True story, my brain isint creative enough to make it up

Lex Luthor

in some parts of Alabama, a cop asking you to look under your bonnet, would have me worried...I think you got off lightly

Churchy

A "friend" of mine used to run around with air horns under his bonnet.

Cops pulled him over and looked under the bonnet , made him disconnect them as they were a nuisance.

Good call I thought.

ciarsd

JohnCleary wrote: »

I'm not for 1 second that a Garda standing in front of me is of less mechanical knowledge than me, my question is, where in his job description does it say he has the right to inspect a cars structure/engine?

I wasn't suggesting that - just making a point..

Gardai can examine a car if they deem it to be a liability on the road or if they have suspicion that the car is not what it says on the ownership docs (i.e. the previously listed cars).

Oilrig

Guys, at the end of the day, there are levels of knowledge regarding evidence in a court case. The Garda that has peered under your bonnet may be an enthusiast, but they would be torn to bits by an Expert Witness in a court room.

Hate to shatter illusions here but being up to speed with the latest mod is piss poor when you're confronted with an engineer who bases his testimony on proven research...

Steve

And the guard just happens to have all the ownership, tax & insurance details in his ass pocket for each car he looks at?
How's he going to tell if the car is "as declared" or not?

pa990

because the car is in a public place no warrant is needed to look in the glove box , under the seat or under th bonnet, A garda is also entitled to inspect the car , and if on his inspection he deems that the car is unroadworthy etc, he can impound the car so that it can be inspected further by a PSV person.

end.

Steve

pa990 wrote: »

because the car is in a public place no warrant is needed to look in the glove box , under the seat or under th bonnet, A garda is also entitled to inspect the car , and if on his inspection he deems that the car is unroadworthy etc

AFAIK Guard has to have "formed an opinion" that there is reason to inspect the vehicle. i.e. has reasonable cause to suspect there's something amiss. Driver wearing a chav cap and a loud exhaust would prob not pass as evidence in court.

pa990 wrote: »

he can impound the car so that it can be inspected further by a PSV person.

What has a Taxi inspector got to do with this?

javaboy

You'd think the Gardai have better things to do than be looking under people's bonnets. It's all about revenue collection ya know :rolleyes:

msg11

True nothing to worrie about as I said !!

Another question !!

As he asked me too open the bonnet and he did not look under as I said, but the bonnet was open .

And say I was driving down the road and the bonnet blew off the car, causing an accident.

Who is liable for the damage ? Me or the Garda ?

I have an idea that it is me who is liable .

SomeDose

pa990 wrote: »

because the car is in a public place no warrant is needed to look in the glove box , under the seat or under th bonnet, A garda is also entitled to inspect the car , and if on his inspection he deems that the car is unroadworthy etc, he can impound the car so that it can be inspected further by a PSV person.

end.

Not true. A garda cannot search a car without a warrant unless they suspect it's specifically in relation to an offence under the Misuse of Drugs Act, Offences against the State Act or certain parts of the Criminal Law Act. They may stop and inspect a vehicle (for such things as insurance, tax and roadworthiness etc) under the Road Traffic Act but I very much doubt they could get away with using that excuse to search inside a car. I suspect having a look under the bonnet could easily be justified as a roadworthiness inspection, however.

Seth Brundle

Tipsy Mac wrote: »

Must be dumb asses down the VRT or else they were on the take, cops should be chasing the idiots who made this mistake.

Do you really believe this is the more likely scenario?

SomeDose wrote: »

Not true. A garda cannot search a car without a warrant unless they suspect it's specifically in relation to an offence under the Misuse of Drugs Act, Offences against the State Act or certain parts of the Criminal Law Act. They may stop and inspect a vehicle (for such things as insurance, tax and roadworthiness etc) under the Road Traffic Act but I very much doubt they could get away with using that excuse to search inside a car. I suspect having a look under the bonnet could easily be justified as a roadworthiness inspection, however.

A warrant will allow the gardai demand to view the engine or whatever, i.e. it gives them the right. In the OPs case they asked if they could look under the bonnet and he allowed them to!

msg11

Well if I had of said no at the time he would have taking the car off me, anyway nothing to hide go ahead and look

pa990

stevec wrote: »

What has a Taxi inspector got to do with this?

PSV officer is guard who is a qualified mechanic

Steve

pa990 wrote: »

PSV officer is guard who is a qualified mechanic

Garda Public Service Vehicle Officer handles complaints to do with taxis, coaches and buses, not roadside inspections. They also inspect taxis coaches etc for compliance with PSV regulations.

msg11

stevec wrote: »

Garda Public Service Vehicle Officer handles complaints to do with taxis, coaches and buses, not roadside inspections. They also inspect taxis coaches etc for compliance with PSV regulations.

Well to be honest you do not need to have much knowledge to know, that a 1.3 on the log book is not what it is.

When the engine says turbo on it.

It could not be a worse car to pull that stunt on.

Maybe a 1.6 civic type R as a 1.6 it some what relates to the car

Very little pitty for these people !!

Steve

msg11 wrote: »

Well to be honest you do not need to have much knowledge to know, that a 1.3 on the log book is not what it is.

Agree, but you need to have some qualification to stand up in court and make it stick.

Steve

msg11 wrote: »

When the engine says turbo on it.

You have a mivec that says 'turbo''?? shame:mad:

pa990

stevec wrote: »

Garda Public Service Vehicle Officer handles complaints to do with taxis, coaches and buses, not roadside inspections. They also inspect taxis coaches etc for compliance with PSV regulations.

they also inspect cars involved in fatal accidents and compile a report for the investigating garda.

If a garda impounds a car he believes may be unroadworthy, it is then inspected by a qualified garda mechanic (PSV officer)

I never said that he (psv) would perform the inspection at the roadside.. and the PSV officer is the person with the qualification to "stand up in court and make it stick."

Senna

stevec wrote: »

Agree, but you need to have some qualification to stand up in court and make it stick.

not really, the engine code could be match with the manufactures codes to prove what type car it is. No expert witnesses or garda having to prove what the car is.

Traumadoc

Your insurance may not be valid if you have a non declared engine modification. i know of one case where the insurance company would not pay out based on an engine modification.

msg11

stevec wrote: »

You have a mivec that says 'turbo''?? shame:mad:

Yeah mate, I have a 1.3 mivec turbo...

I was talking about the glanza comments. Which have turbo wrote on the air intake filter on the top of the engine.

And just in case your trying to be funny, Mitsubishi, put into production a 1.8 mivec turbo 4 wheel drive colt.

Traumadoc wrote: »

Your insurance may not be valid if you have a non declared engine modification. i know of one case where the insurance company would not pay out based on an engine modification.

I know that, would be the reason I have my car properly insured...