159Issue of defect notices and formal warnings

159 Issue of defect notices and formal warnings (1) A defect notice issued for a light vehicle is⎯ (a) a major defect notice if, in the opinion of the police officer or authorised person issuing the notice based on reasonable grounds, further use of the vehicle for road transport after the time and date stated in the notice would be an imminent and serious safety risk; or (b) a minor defect notice if, in the opinion of the police officer or authorised person issuing the notice, based on reasonable grounds— (i) deficiencies in the vehicle may be a safety risk if allowed to continue after the time and date stated in the notice; or (ii) the vehicle does not comply with— (A) section 59 (Display of numberplates); or (B) schedule 1, section 1.92 (Numberplate lights); or (C) schedule 1, section 1.120 (Other lights and reflectors). Note The Act, s 25 provides that a police officer or the authority may issue a defect notice. (2) A defect notice for a light vehicle must state⎯ (a) the vehicle’s registration details, including the registration number, unregistered vehicle permit number (if practicable and applicable), the expiry date of the registration or permit and the jurisdiction that issued the registration or permit; and (b) the name of the driver of the vehicle or, if the driver is not present when the notice is issued, the term ‘registered operator’; and

(c) to the extent practicable, the 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 kind of inspection conducted; and (e) the details of the vehicle’s defects and whether the notice is a major defect notice or minor defect notice; and (f) whether use of the vehicle on a road or road related area is prohibited; and (g) if use of the vehicle is prohibited from a time other than the time by which the notice must be cleared—that time; and (h) if conditions are imposed on the use of the vehicle—the conditions; and (i) for a major defect notice—how the vehicle must be moved to another place; and (j) the repair requirement, including the date by which repairs must be finished if the vehicle is to be used on a road or road related area; and (k) whether an infringement notice under the Road Transport (General) Act 1999 has also been served in relation to the defect; and (l) the official number or other identification of the police officer or authorised person who issued the notice; and (m) a unique identification number for the notice; and (n) the date and, if appropriate, time of issue of the notice. Examples for par (i) The notice may require the vehicle to be moved by towing away or all up lifting only.

(3) A police officer or authorised person who issues a defect notice for a light vehicle must⎯ (a) if the driver of the vehicle is present—give the notice to the driver; and (b) if the vehicle is unattended—attach the defect notice to the (c) if the notice is a major defect notice—issue a defective vehicle label for the vehicle and attach it to the vehicle. (4) If the driver of a vehicle who is given a defect notice under subsection (3) is not the registered operator, the driver must give the notice to the registered operator. (5) A defective vehicle label for a light vehicle must state⎯ (a) the vehicle’s registration number or unregistered vehicle permit number; and (b) the date and, if appropriate, time after which the vehicle must not be used on a road or road related area; and (c) how the vehicle must be moved to another place; and (d) the official number or other identification of the police officer or authorised person who issued the notice; and (e) the date and, if appropriate, time of issue of the label; and (f) the identification number of the defect notice to which the label relates. (6) If a police officer or authorised person considers that deficiencies in a light vehicle do not require a defect notice but should be remedied, the person may⎯ (a) if the driver of the vehicle is present—give the driver a warning notice; and