Driving a Ute with the tailgate down. Legal?

I own a ute. Sometimes I cart around stuff that is longer than the tray, most often bikes. To do this I lower the tailgate (to horizontal) and strap everything in nice and tight making sure nothing loose can fall out.

I recently wondered if it was legal but couldn’t find anything stating it is or isn’t. From my search all I could find was that it may be obscuring the number plate as while it can be seen from each side at the required angle, it probably would not be from above. I don’t think it would exceed the protruding kid rules either.

So is it legal, or if I get an auxiliary plate (was a bike rack plate, now can be used for other purposes in Nsw) then it might be legal?

Thoughts? Has anyone ever been booked for this?

Poll Options

  • 6
    Legal
  • 2
    Legal, but if the plate is obscured you’ll need an aux plate
  • 1
    Illlegal
  • 2
    Bikies
  • 17
    Where is your ms paint diagram?

Comments

  • +1

    Think it would be legal, as everyone does this. Just as long as the number is visable. Always visit a police station, if concerned though just to double check.

    • as everyone does this

      Doesn’t make it legal. And there are definite rules to how far your load is allowed to overhang the rear of your vehicle.

      • +1

        Agree. That is why also suggested a visit to police to check.

        • +1

          Agree. That is why also suggested a visit to police to check.

          Agree. That is why also suggested a visit to police to use checkbook for added fines.

        • +2

          Unfortunately the police interpret the rules in different ways, this happens often and is one of the reasons you can elect a court attendance to get try to out of a fine . Some police might say it’s ok, while others might say no.

  • +1

    If the ute was built in Thailand I'm pretty sure transporting 73 Thai Bikies in the back is OK but over that would be over crowding and the ute would start to muay over road.

    • As I often get that question when buying let’s i can confirm mine is Spanish built, it was the base RX model built in Thailand.

  • +2

    I have a VE Ute that I use to move my bikes around, and the number plate is right in the middle of the tailgate, so, if it were laid down, you would not see the number plate. From memory, the rule is 45 degrees, from any position, 6m away, the number plate must be fully readable.

    I also think “aux” plates are the “bike rack” plates and they are for bike racks, not a s a replacement for your number plate.

    Also, the tailgate being down may be classed as a projection from the body of the vehicle. And somewhere in the police book of fines, you can get done for that. You can’t have things projecting out of vehicles, so there may be that… let me have a look at some rules and I’ll post again when I find it.

    Edit: Ok, I found it. It would be under the "rear overhang limit" standards NSW.

    Rear overhang (ROH):
    60% of the wheelbase or 3.7 metres, whichever is the lesser, measured from
    the rear overhang line (ROH line is basically the centre line of the rear axle).

    ie: for my VE ute, the wheelbase is 2,915mm. 60% is 1,749mm. So, from the center line of the rear axle, I am allowed to load back 1.75m from that point.

    So, providing the flat tailgate didnt make your ute longer than the 60% rule, didn’t obscure any lights and your number plate is visible (under the number plate rules), then it should be fine.

  • In wa the distance between the end of the vehicle or load is up to 60% of the distance between the front and rear axle up to 3.4m.

    Fines for non visible number plates are really high in some states so make sure it is visible. You can purchase a duplicate number plate printed on core flute for less than $50.

  • So I did a little more reading.

    From the RMS website:
    Auxiliary number plates may be displayed when:

    The rear number plate of the vehicle is obscured by a bicycle, personal mobility device or motorcycle on a rack
    A trailer or caravan number plate is obscured by a bicycle or personal mobility device on a rack
    The rear number plate of the vehicle is obscured by an implement, a vehicle exempt from registration or an unregistered vehicle being towed by the vehicle
    A trailer number plate is obscured by a boat.
    Auxiliary number plates cannot be used for any other purpose.

    Combined with the plate must be viewed at 45 degrees up to 20m upwards seems it may not be legal. Think I’ll be getting an aux plate anyway, I’ll need it occasionally for a bike rack anyway, I’ve tempted cafe twice with a piece of cardboard and got away with it.

    • For the very occasional use I have I just unbolt the rear number plate and zip tie it onto the bikes. Takes 60 seconds.

      • I’ve done that too, but too frequent for me now.

  • -1

    It should be legal. A few weeks back some young fellas were filling up their petrol and had two bikes in the back just as you described. Some cops decided to pull up in front of them (blocking the exit to the petrol station) and proceeded to hassle them for 'reasons'. The guys were doing nothing wrong that I could see except the back wheels of the bikes were on the extended tailgate. I don't know what the outcome was so it might have been the tailgate thing (the cops were snooping around that area) or might have just been some dodgy cops trying to bluff some revenue out of the young guys?

    • So they may have been doing something wrong according to you and the police shouldn't be investigating this?

      guys were doing nothing wrong that I could see except the back wheels of the bikes were on the extended tailgate.

    • dodgy cops trying to bluff some revenue

      Seems harsh, maybe the police were investigating a recent illegal motorbike riding in a private property/national park or public reported dangerous driving by some guys in a ute with bikes on back

      • lols, yeah maybe you're right! 'Maybe' they were Russian spies!

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