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Written-off vehicles

Under the Motor Vehicles Regulations 2010 (SA), a vehicle is a written-off vehicle if it is [reg 71 (2)]:

  • a total loss; or
  • is to be, or has been, wrecked or disassembled for salvage; or
  • is to be, or has been, sold or acquired for wrecking or salvage.

Total loss is defined as a vehicle damaged by accident, collision, demolition, dismantling, fire, flood, trespass or other event, to the extent that its fair salvage value, when added to the cost of repairing it for use on a road, would be more than its fair market value immediately before the event that caused the damage [reg 71(1)].

There are two categories vehicles for the purposes of write-offs [reg 71(1)]. Category 2 motor vehicles are any with a GVM not exceeding 4.5 tonnes (that is not category 1 vehicle including a bus or truck with a GVM greater than 3.5 tonnes) or a trailer.

A vehicle may be declared to be a statutory write-off if it has severe structural damage that prevents it from being driven safely. It must meet specific assessment criteria within technical guides. Only an authorised insurer or agent has the authority to declare a vehicle a statutory write-off.

A vehicle that has been declared a statutory write-off cannot be registered and must not be driven [reg 75]. A statutory write-off cannot be repaired.

Maximum penalty:

  • in the case of an offence committed in the course of a trade or business - $2,500
  • in any other case - $1,250

Written-off vehicles that fall within the definition of "notifiable vehicles" must be notified to the Registrar of Motor Vehicles, and notices must be affixed to these vehicles [reg 74]. A notifiable vehicle includes a category 1 vehicle that is written-off, or a category 2 vehicle that:

  • is less than 15 years of age and is either a motor vehicle (other than a trailer), motor bike or caravan that is written-off,
  • is an interstate written-off vehicle, or
  • one of these that is wrecked or wholly or partly disassembled then any part that still bears vehicle identification.

A vehicle that has sustained substantial damage but does not meet the definition of a statutory write-off may be declared a repairable write-off. These will be category 1 vehicles that have been substantially stripped (within the meaning of the techinical guide) and returned to the insured person as part of settlement of an insurance claim that resulted in the vehicle being determined a total loss, or a vehicle that is written-ff but is not a statutory write-off. For example, it has the potential to be repaired, although significant rebuilding will be required. The owner of the vehicle, an insurer or an authorised motor trade agent can declare a vehicle a repairable write-off after an accident.

A notified written-off vehicle must not be driven other than for the purpose of being driven to or from a place of repair or inspection [reg 75]. However, this does not apply to a vehicle that is a notified written-off vehicle only because the vehilce has sustained hail damage of a cosmetic nature [ reg 75(1a)].

Maximum penalty:

  • in the case of an offence committed in the course of a trade or business - $2,500
  • in any other case -- $1,250

Written off vehicles are notified to a national database, which can be searched on the Personal Property Securities Register (PPSR).

Written-off vehicles  :  Last Revised: Fri Dec 15th 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.