DEFECT NOTICES

Defect notices come under the Road Traffic Act 1961 [section 160]. A member of the Police or an inspector may examine a vehicle which they suspect on reasonable grounds to have deficiencies. The owner of the vehicle may be required to produce the vehicle for an examination at a specified place and time.

Vehicles of a prescribed class

If the vehicle is of a prescribed class (which by the Road Traffic (Miscellaneous) Regulations 1999, regulation 32 includes: prime movers; commercial motor vehicles; and trailers) the Police or inspector can examine the vehicle whether or not there is reason to suspect deficiencies.

What is a defective vehicle?

A vehicle is considered defective if it:

does not comply with the vehicle’s standards;
has not been maintained in a condition that it can be driven or towed safely, if it would endanger the person driving/towing the vehicle, anyone else in or on the vehicle, or a vehicle attached to it or other road users.
does not have an emission control system fitted, or has an emission control system that has not been maintained.

Written warnings

If on examination the vehicle is found to have deficiencies but to the extent that further use on roads would not cause safety risk then a formal written warning may be given.

Major and minor defect notices

If further road use would cause imminent and serious safety risks then a major defect notice is given; in any other case a minor defect notice is given. In which case the notice is to be given to the driver, the defect label is to be affixed to the vehicle, and a copy of the notice is sent to the Registrar of Motor Vehicles.

Information a defect notice must contain

The defect notice must state:

the date the notice is issued; and
the identity of the person who defected the vehicle; and
clearly identify the vehicle that is defected; and
state if it is a major or minor defect notice; and
provide details of the deficiencies and the necessary repairs required; and
the means by which the car is to be moved to get the repairs; and
that the vehicle is not to stand or be driven on a road or be sold or otherwise disposed of, until:
- produced at specified place for examination;
- a clearance certificate is issued by a member of the Police, an inspector or vehicle registration authority certifying that the repairs are done; and
- the Police, inspector or vehicle authority caused the label to be defaced or removed from the vehicle; and
any other matters.

Offence to remove or deface defective label

A person must not deface, alter, obscure or remove a defective label otherwise they can incur either an expiation fee of $50 or a fine up to$1250.

Penalties for contravening defect notice

For driving, allowing the car to stand on the road, selling or otherwise disposing of a defected vehicle contrary to the terms of the defect notice the offender is liable to pay a fine of up to $1250 and gain 3 demerit points. However, it can be a defence that the vehicle was sold with reason to believe that it was not intended to be used on a road after the sale or disposal.