529APermission to use vehicle the subject of a major or minor defect notice

529A Permission to use vehicle the subject of a major or minor defect notice

529A Permission to use vehicle the subject of a major or minor defect notice

(1) An authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a major defect notice or minor defect notice, give written permission for the vehicle to be used on a road during a period stated in the permission.

(2) The authorised officer may give the permission only if—

(a) the officer is satisfied—

(i) the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out; and

(ii) the use of the vehicle will not pose an imminent and serious safety risk; and

(iii) the request is necessary and reasonable; or

(b) the officer is satisfied—

(i) the relevant repairs have been carried out and the vehicle will be taken within the stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530; and

(ii) the use of the vehicle will not pose a safety risk; and

(iii) the request is necessary and reasonable.

(3) For the purpose of subsection (2)(a)(ii) or (b)(ii), an authorised officer may require evidence of adequate repairs or other measures.

(4) The permission is subject to conditions that—

(a) the use of the vehicle will be as mentioned in subsection (2)(a)(i) or (b)(i); and

(b) in relation to the use of the vehicle mentioned in subsection (2)(a)(i)—the vehicle will not be used to carry goods or passengers.

(5) The authorised officer may also impose other reasonable conditions on the permission.

(6) The use of the vehicle under the permission is not a contravention of the vehicle defect notice.

(7) The use of a vehicle in contravention of a condition under subsection (4) or (5) is a contravention of the vehicle defect notice.

s 529A: Ins 2015 No 12, sec 55. Subst 2019 No 29, sec 28.