104OHeavy vehicle certificates of compliance

#### 104O Heavy vehicle certificates of compliance 104O Heavy vehicle certificates of compliance > > (1) A licensed repairer may issue, in a form approved by Transport for NSW, a heavy vehicle certificate of compliance in relation to a heavy vehicle if— > > > > > (a) the licensed repairer’s licence is of a class that authorises the repairer to repair the type of vehicle, and the type of vehicle damage, the subject of certification, and > > > > > (b) the vehicle has been repaired by the licensed repairer or the repairer is satisfied that it has been repaired by another licensed repairer, and > > > > > (c) the licensed repairer is satisfied that the standard of repairs, and the repair methods used, are in accordance with the requirements adopted by or set out in the statutory rules. > > > > Note. > > > > Section 12 of the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107) makes it an offence for a person to carry on the business of a motor vehicle repairer unless the person is the holder of a motor vehicle repairer’s licence. Section 15 of that Act also makes it an offence for a motor vehicle repairer, in the course of business, to enter into an agreement for any repair work to be done by another person who is not the holder of a motor vehicle repairer’s licence. > > > (2) A licensed repairer must not issue a heavy vehicle certificate of compliance that the repairer knows, or ought reasonably to know, is false or misleading in a material particular. > > > > Maximum penalty—20 penalty units. > > > (3) A person must not attempt to obtain a heavy vehicle certificate of compliance by a false or misleading statement or any misrepresentation or other dishonest means. > > > > Maximum penalty—20 penalty units. > > > (4) Transport for NSW may do any of the following in respect of a heavy vehicle that is the subject of a heavy vehicle certificate of compliance referred to in subsection (2) or (3)— > > > > > (a) amend the NSW written-off heavy vehicles register accordingly, > > > > > (b) suspend the registration of the vehicle, > > > > > (c) refuse to transfer the registration of the vehicle, > > > > > (d) cancel the registration of the vehicle. > > > (5) Transport for NSW must not cancel the registration of a heavy vehicle unless it has first given the registered operator of the vehicle at least 14 days’ notice of the proposed cancellation. > > > (6) A person who is not a licensed repairer must not purport to issue a heavy vehicle certificate of compliance or advertise that the person is willing to issue a heavy vehicle certificate of compliance. > > > > Maximum penalty—1,000 penalty units. > > **ss 104O–104S:** Ins 2017 No 61, Sch 1.3 \[14\].