41Recording, clearance and withdrawal of vehicle defect notices

41 Recording, clearance and withdrawal of vehicle defect notices

(1) If a vehicle defect notice is issued under the Act, or under a law in force in a State or another Territory in relation to a heavy vehicle, the details of which are on the register, the registration authority must record in the register in relation to the vehicle: (a) the serial number of the notice; and (b) the clearance date (if any) shown on the notice unless that date is later than the date of any recorded certificate of inspection. (2) The registration authority may conduct or require to be conducted an inspection for the purposes of considering whether the defects described in a vehicle defect notice have been rectified and that the heavy vehicle does not have any other defects. (3) A vehicle defect notice may be cleared by the registration authority, a corresponding registration authority, or an authorised person. (4) For the purposes of this regulation, a vehicle defect notice is cleared when: (a) the registration authority receives evidence, in a form approved by the authority, that the heavy vehicle is no longer defective; and (b) in the case of a major defect notice—the registration authority or corresponding registration authority causes the defective vehicle label to be defaced or removed from the heavy vehicle. (5) Upon the vehicle defect notice being cleared, the registration authority must make a record in the register to the effect that the notice has been cleared. (6) A member of the police, or the registration authority who issues a vehicle defect notice may withdraw that notice at any time and must cause: (a) notice of the withdrawal to be sent to the person to whom the notice was issued; and (b) a record to be made in the register to the effect that the vehicle defect notice has been withdrawn.