164Authorised officer or police officer may issue defect notice

164 Authorised officer or police officer may issue defect notice

(1) This section applies in relation to an inspection undertaken in accordance with any provision of this Act.

(2) An authorised officer or police officer who inspects a commercial passenger vehicle may issue a defect notice for the vehicle if the authorised officer or police officer is satisfied that the vehicle—

(a) is unsafe, unsuitable or unfit for use; or

(b) does not comply with—

(i) this Act or the regulations; or

(ii) a condition of the registration for that vehicle under Part 3.

(3) A defect notice is issued by serving the notice on the person in whose name the vehicle is registered under Part 3.

(4) A defect notice—

(a) must identify the vehicle and the defect in respect of which the notice is issued; and

(b) must state that the person to whom the notice is issued must fix that defect; and

(c) must state a time and date after which the vehicle must not be driven unless the defect is fixed; and

(d) may direct the person to whom the notice is issued to present the vehicle for further inspection at a specified location and at a specified time and date.

(5) The person in whose name the vehicle is registered under Part 3 must not drive the vehicle, or permit the vehicle to be driven, after the time and date referred to in subsection (4)(c) unless the defect has been fixed.

(6) If a defect notice includes a direction under subsection (4)(d), the person to whom the notice is issued must comply with that direction unless the person has a reasonable excuse.

S. 165 inserted by No. 63/2017 s. 18.