119

119 Issue of vehicle defect notice

(1)  In this regulation –

repairs includes, in the case of the non-compliance referred to in regulation 117(2)(c) , the works or other actions required to address the non-compliance.

(2)  A vehicle defect notice is to be one of the following classes:

(a) major vehicle defect notice;

(b) minor vehicle defect notice;

(c) minor self-clearing defect notice.

(3)  A vehicle defect notice is to be issued as –

(a) a major vehicle defect notice – if the police officer or authorised officer issuing the notice is of the opinion that further use of the vehicle on public streets after a time stated in the notice would constitute an imminent and serious safety risk; or

(b) a minor vehicle defect notice – if the officer issuing the notice is of the opinion that further use of the vehicle on public streets after a time stated in the notice may constitute a safety risk; or

(c) a minor self-clearing defect notice – if the officer issuing the notice is of the opinion that –

(i) the use of the vehicle on a public street does not pose a safety risk; or

(ii) a number plate attached to the vehicle is wholly, or partially, obscured, defaced or otherwise not legible as required.

(4)  A vehicle defect notice is to state –

(a) if the vehicle is registered, the vehicle's registration details including the registration number and the jurisdiction of registration; and

(b) if the use of the vehicle on public streets is authorised by a short term unregistered vehicle permit, the number of the permit, the expiry date of the permit and the jurisdiction of issue; and

(c) if the driver is present when the notice is issued, the name of the driver; and

(d) to the extent practicable, the vehicle's identification details including its identification number, or vehicle identifier, and its make and type; and

(e) the type of inspection conducted; and

(f) the vehicle's defects for which the notice is issued; and

(g) if a condition limiting the use of the vehicle is imposed, the nature and extent of the limitation and the date and time after which the vehicle is not to be used on a public street, if the notice has not been cleared earlier; and

(h) if a total prohibition is imposed on the use of the vehicle, the fact that a total prohibition has been imposed and the date and time after which the vehicle is not to be used on a public street; and

(i) if the vehicle is not to be moved to another location under its own motive power, the means by which the vehicle is to be moved to another location; and

(j) the nature of the repairs required and the date by which the repairs are to be completed; and

(k) the name, official number or other identification of the police officer or authorised officer who issued the notice; and

(l) whether a traffic infringement notice was also served in relation to the defect at the same time; and

(m) the action required for the vehicle defect notice to be cleared.

(5)  Without limiting subregulation (4)(g)  –

(a) a vehicle defect notice issued in relation to a public passenger vehicle may impose a condition limiting use of the vehicle by prohibiting the carrying of passengers until the notice has been cleared; and

(b) a vehicle defect notice issued in relation to a hire and drive vehicle may impose a condition limiting use of the vehicle by prohibiting the hiring out of the vehicle until the notice has been cleared.

(6)  A police officer or an authorised officer who issues a vehicle defect notice must –

(a) if the driver of the vehicle is present, give the notice to the driver; or

(b) if the vehicle is unattended, affix the notice to the vehicle –

and, if the notice is a major vehicle defect notice, affix a label (a defective vehicle label) to the vehicle.

(7)  A defective vehicle label must –

(a) identify the vehicle to which it relates by reference to –

(i) its registration number; or

(ii) if the vehicle has no registration number, its identification number or vehicle identifier; or

(iii) if the vehicle has no registration number, identification number or vehicle identifier, the number of the short term unregistered vehicle permit, if applicable, its chassis number or engine number; and

(b) state –

(i) the date and time after which the vehicle is not to be used on a public street; and

(ii) the name, official number or other identification of the police officer or authorised officer who issued the vehicle defect notice; and

(iii) the date of issue of the label; and

(iv) the serial number of the vehicle defect notice to which the label relates.

(8)  A driver of a vehicle to whom a vehicle defect notice is given under subregulation (6) must, if the driver is not the registered operator of the vehicle, give the notice to the registered operator as soon as practicable.

Penalty:  Fine not exceeding 5 penalty units.

(9)  A police officer or an authorised officer who issues a vehicle defect notice may, by written notice given to the registered operator of the vehicle, withdraw the notice.