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Home / Northern Advocate

Long fight over warrant fine

By Kristin Edge
Reporter·Northern Advocate·
8 Mar, 2016 08:49 PM2 mins to read

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Michael Wrightson fought police to have an infringement notice overturned for driving with an unwarranted trailer. Photo / John Stone

Michael Wrightson fought police to have an infringement notice overturned for driving with an unwarranted trailer. Photo / John Stone

Michael Wrightson has battled police for three years after he reckons an officer incorrectly issued him with a $200 fine for an unwarranted trailer he was taking to get a warrant.

"It is in the public interest that they are made aware of this," said the Whangarei man.

Police said it was an offence to tow an unwarranted trailer. However, a driver had a defence if they could prove the trailer was being towed to a place for repair or inspection.

Mr Wrightson thought he was doing the right thing in November 2013 when he took an old farm trailer to Whangarei to get a warrant before using it to transport gear to a house he was building.

But as he drove on Kioreore Rd, Whangarei, he was stopped by a police officer who issued an infringement notice for not displaying a WOF on a light domestic trailer.

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"It was a friend's trailer. I'd just had new tyres put on so it would pass a warrant. I told the officer that's where I was going was to get a warrant of fitness test done."

Mr Wrightson declined to pay the ticket because he believed he was legally able to take the trailer on the road if it was safe and he was on his way to get it tested. He was taken to court but at a second hearing police withdrew the charge.

As a result Mr Wrightson felt he had had a rough deal and wrote to the Independent Police Complaints Authority, who ruled he had been dealt with appropriately.

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A police spokeswoman Rachel Purdom said in many situations officers could exercise their discretion as to whether or not to begin enforcement proceedings, for example, by issuing an infringement notice.

"In a situation where a vehicle or trailer is found to have a warrant of fitness that expired less than a month ago, an infringement notice will generally be issued," Ms Purdom said.

However, the infringement notice could be waived if the driver was able to prove within two weeks a warrant had been obtained.

She said any person in this situation could contact the Police Infringement Bureau (PIB) in writing and provide an explanation.

The PIB would consider the explanation and may waive or cancel the infringement notice, depending on the circumstances.

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