81Recording, clearance and withdrawal of vehicle defect notices

81 Recording, clearance and withdrawal of vehicle defect notices

81 Recording, clearance and withdrawal of vehicle defect notices

(cf 2007 reg cl 71)

(1) If a vehicle defect notice is issued under the Act, Transport for NSW must record in the Register in relation to the vehicle—

(a) the serial number of the vehicle defect notice, and

(b) the date (if any) shown on the notice for the clearance of the vehicle unless that date is later than the date of any recorded certificate of inspection.

(2) Transport for NSW may conduct, or require to be conducted, an inspection for the purposes of considering whether the defects described in a vehicle defect notice issued under the Act have been rectified and that the registrable vehicle does not have any other defects.

(3) Transport for NSW may require the registered operator of a registrable vehicle that is inspected pursuant to this clause to pay the applicable fee for the inspection.

(4) A vehicle defect notice issued under the Act may be cleared by Transport for NSW, an authorised examiner or an authorised person.

(5) For the purposes of this Regulation, a vehicle defect notice issued under the Act is cleared when—

(a) Transport for NSW receives evidence, in a form approved by Transport for NSW, that the registrable vehicle is no longer defective, and

(b) in the case of a major defect notice—Transport for NSW causes the defective vehicle label to be defaced or removed from the registrable vehicle.

(6) A person must not deface or remove a defective vehicle label unless authorised to do so by Transport for NSW.

Maximum penalty—20 penalty units.

(7) On the vehicle defect notice issued under the Act being cleared, Transport for NSW must make a record in the Register to the effect that the vehicle defect notice has been cleared.

(8) A person who issues a vehicle defect notice under the Act may withdraw that notice at any time and must cause—

(a) notice of the withdrawal to be sent to the person to whom the vehicle defect notice was issued, and

(b) a record to be made in the Register to the effect that the vehicle defect notice has been withdrawn.