New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 526

526 Issue of vehicle defect notice

(1) This section applies if an authorised officer who has inspected a heavy vehicle under this Law reasonably believes-

(a) the vehicle is a defective heavy vehicle; or

(b) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible.

(2) The authorised officer may issue the following vehicle defect notice in relation to the heavy vehicle, in the way mentioned in subsection (3)-

(a) if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses an imminent and serious safety risk-a major defect notice;

(b) if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses a safety risk other than an imminent and serious safety risk-a minor defect notice;

(c) if the officer reasonably believes that use of the vehicle on a road does not pose a safety risk or subsection (1)(b) applies-a self-clearing defect notice.

(3) The authorised officer may issue the vehicle defect notice by-

(a) if the driver of the heavy vehicle is present-giving the notice to the driver; or

(b) if the driver of the heavy vehicle is not present-attaching the notice to the vehicle.

(4) If the driver of a heavy vehicle for which a vehicle defect notice is issued under this section is not the operator of the vehicle, the driver must give the notice to the operator as soon as practicable, but not more than 14 days, after the notice is issued.

: Maximum penalty-$3000.

Editorial note-: See also section 737 (Increase of penalty amounts).