80Issue of vehicle defect notices and formal warnings

#### 80 Issue of vehicle defect notices and formal warnings 80 Issue of vehicle defect notices and formal warnings (cf 2007 reg cl 70) > > (1) A vehicle defect notice issued under the Act may be stated to be— > > > > > (a) a major defect notice if, in the reasonable opinion of the person issuing the notice, the further use of the registrable vehicle in road transport after the time specified in the notice would constitute an imminent and serious safety risk, or > > > > > (b) a minor defect notice if, in the reasonable opinion of the person issuing the notice, deficiencies in the registrable vehicle, if allowed to continue after the time specified in the notice, may— > > > > > > > (i) constitute a safety risk, or > > > > > > > (ii) hinder the ability of a person to identify the vehicle by reference to its number-plates. > > > > Note. > > > > Section 76 of the Act provides that a police officer or Transport for NSW may issue a vehicle defect notice under the Act. > > > > Safety risk is defined in the Dictionary to mean danger to a person, to property or to the environment. > > > (2) A vehicle defect notice issued under the Act must state— > > > > > (a) the registrable 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 registrable vehicle or, if the driver is not present when the notice is issued, the term “registered operator”, and > > > > > (c) to the extent practicable, the registrable 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 registrable vehicle’s defects and whether the notice is a major defect notice or a minor defect notice, and > > > > > (f) the time and date after which the registrable vehicle is not to be used on a road or road related area, and > > > > > (g) the means by which the registrable 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 a penalty notice was also issued in relation to the defect at that time, and > > > > > (j) the name, official number or other identification of the person who issued the notice. > > > (3) A person who issues a vehicle defect notice under the Act must— > > > > > (a) in the case of a registrable vehicle the driver of which is present—give the driver the vehicle defect notice, and > > > > > (b) in the case of a registrable 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 registrable vehicle. > > > (4) A driver of a registrable vehicle (other than the registered operator of the vehicle) who is given a vehicle defect notice in accordance with subclause (3) must cause the notice to be sent to the registered operator of the vehicle. > > > > Maximum penalty—20 penalty units. > > > (5) A defective vehicle label must state— > > > > > (a) the registrable vehicle’s registration number, and > > > > > (b) the time and date after which the registrable vehicle is not to be used on a road or road related area, and > > > > > (c) the means by which the registrable vehicle must be moved to another location following issue of the vehicle defect notice to which the label relates, and > > > > > (d) the name, official number or other identification of the person who issued the notice, and > > > > > (e) the date of issue of the label, and > > > > > (f) the serial number of the vehicle defect notice to which the label relates. > > > (6) If a person who is entitled to issue a vehicle defect notice under the Act considers that deficiencies in a registrable vehicle should be remedied even though they do not constitute a safety risk or hinder the ability of a person to identify the vehicle by reference to its number-plates, the person may— > > > > > (a) in the case of a registrable vehicle where the driver is present—give the driver a formal written warning, and > > > > > (b) in the case of a registrable vehicle that is unattended—cause the formal written warning to be affixed to the vehicle. > > > (7) A driver of a registrable vehicle (other than the registered operator of the vehicle) who is given a formal written warning in accordance with subclause (6) must cause the warning to be sent to the registered operator of the vehicle. > > > > Maximum penalty (subclause (7)): 20 penalty units.