40Issue of defect notices and formal warnings

40 Issue of defect notices and formal warnings

(1) A vehicle defect notice may be stated to be: (a) a major vehicle defect notice, if, in the reasonable opinion of the member of the police force, or the registration authority issuing the notice, the further use of the heavy vehicle in road transport after the time specified in the notice would constitute an imminent and serious safety risk; or (b) a minor vehicle defect notice, if, in the reasonable opinion of the member of the police force, or the registration authority issuing the notice, deficiencies in the heavy vehicle, if allowed to continue after the time specified in the notice, may constitute a safety risk.

Note: Safety risk is defined in the Dictionary to mean danger to a person, to property or to the environment.

(2) A vehicle defect notice must state: (a) the heavy vehicle’s registration details including the registration number, unregistered vehicle permit number (if practicable and applicable), expiry date and jurisdiction of registration; and (b) the name of the driver of the heavy vehicle or, if the driver is not present when the notice is issued, the term ‘registered operator’; and (c) to the extent practicable, the heavy vehicle’s identification details including its VIN, or if there is no VIN, the chassis number or engine number, its make and type; and (d) the type of inspection conducted; and (e) the details of the heavy vehicle’s defects and whether the notice is a major defect notice or a minor vehicle defect notice; and (f) the time and date after which the heavy vehicle is not to be used on a road or road related area; and (g) the means by which the heavy vehicle must be moved to another location following issue of the vehicle defect notice; and (h) the repair requirement, including the date by which repairs must be completed if the vehicle is to be used on a road or road related area; and (i) whether an infringement notice was also served in relation to the defect at that time; and (j) the name, official number or other identification of the member of the police force, or the registration authority who issued the notice. (3) A member of the police force, or the registration authority who issues a vehicle defect notice, must: (a) in the case of a heavy vehicle the driver of which is present—give the notice to the driver; and (b) in the case of a heavy vehicle that is unattended—cause the vehicle defect notice to be affixed to the vehicle; and (c) in the case of a major defect notice—cause a defective vehicle label to be affixed to the heavy vehicle. (4) A driver of a heavy vehicle who is given a vehicle defect notice in accordance with subregulation (3) must cause the notice to be sent to the registered operator of the vehicle. (5) A defective vehicle label must state: (a) the heavy vehicle’s registration number; and (b) the time and date after which the heavy vehicle is not to be used on a road or road related area; and (c) the means by which the heavy vehicle must be moved to another location following issue of the vehicle defect notice; and (d) the name, official number or other identification of the member of the police force, or the registration authority who issued the notice; and (e) the date of issue of the label; and (f) the serial number of the defect notice to which the label relates. (6) If a member of the police force, or the registration authority considers that deficiencies in a heavy vehicle do not constitute a safety risk but should be remedied, the member of the police force, or registration authority may: (a) in the case of a heavy vehicle where the driver is present—give the driver a formal written warning; and (b) in the case of a heavy vehicle that is unattended—cause the formal written warning to be affixed to the vehicle. (7) A driver of a heavy vehicle who is given a formal written warning in accordance with subregulation (6) must cause the warning to be sent to the registered operator of the vehicle.