68Examiner’s authorities

#### 68 Examiner’s authorities 68 Examiner’s authorities (cf 2007 reg cl 58) > > (1) Transport for NSW may authorise in writing any person who, in its opinion, is suitably qualified and of suitable character— > > > > > (a) to conduct inspections and tests of registrable vehicles at authorised inspection stations for the purposes of determining whether or not the vehicles— > > > > > > > (i) are suitable for safe use, or > > > > > > > (ii) comply with the requirements of the Act and this Regulation, or > > > > > > > (iii) without limitation, comply with the requirements of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a) and the regulations in force for the purposes of that Law, and > > > > > (b) to issue inspection reports relating to those inspections. > > > (2) However, Transport for NSW must not issue an examiner’s authority to any person unless the person has undertaken, and has passed, a course of instruction for examiners that is approved by Transport for NSW and conducted by an organisation approved by Transport for NSW. > > > (3) Without limiting subclause (1), an examiner’s authority may be issued to authorise the holder of the authority to conduct inspections and tests referred to in subclause (1) at any place (other than on a road), but only in relation to any classes of heavy vehicles that are specified in the authority. > > > (4) An examiner’s authority may be subjected at any time to any conditions that Transport for NSW may consider appropriate in relation to the person or class of persons concerned. > > > (5) An examiner’s authority— > > > > > (a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and > > > > > (b) remains in force until it is surrendered, suspended or cancelled, and > > > > > (c) is to be issued in the manner and in the form approved by Transport for NSW, and > > > > > (d) is subject to any condition imposed under this Subdivision. > > > (6) An examiner’s authority, or a duplicate of such an authority, must not be issued unless— > > > > > (a) the applicant for the authority or duplicate has paid the applicable fee for the issue of the authority, or > > > > > (b) Transport for NSW has exempted the applicant from payment of that fee. > > > (7) The charge that may be made for the issue of an inspection report referred to in subclause (1) must not be more than the maximum charge for the time being specified by Transport for NSW. > > > (8) A person who is not the holder of an examiner’s authority must not— > > > > > (a) conduct an inspection or test of a registrable vehicle for the purpose of determining whether or not the vehicle is suitable for safe use or complies with the Act or this Regulation, or > > > > > (b) issue an inspection report relating to such an inspection. > > > > Maximum penalty—20 penalty units. > > > (9) The holder of an examiner’s authority must not breach a condition of the authority. > > > > Maximum penalty—20 penalty units. > > > (10) A person must not issue an inspection report if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular. > > > > Maximum penalty—20 penalty units. > > > (11) Transport for NSW may exempt any person or class of persons from the requirement under subclause (2) to have undertaken, or to have passed, a course of instruction for examiners.