South Australian Current Acts

MOTOR VEHICLES ACT 1959 - SECT 98MH

98MH—Contracts relating to the repair of certain motor vehicles

        (1)         A person must not, at the scene of any accident within the declared area involving or affecting a motor vehicle, or, where the vehicle was removed from the scene of the accident by a towtruck, within the period of 12 hours following that accident, solicit the owner, driver or person in charge of the vehicle for a contract, authority, insurance claim or other document for or relating to the storage, wrecking or repair or a quotation for repair of the vehicle or for revocation or variation of any such contract, authority, insurance claim or document.

Maximum penalty: $1 250.

        (2)         No contract for a quotation for repair of a motor vehicle or for repair of a motor vehicle, being a motor vehicle that has been damaged in an accident within the declared area, is, if entered into before the prescribed time, enforceable or may be relied upon in any way unless—

            (a)         the contract is in writing (and, in addition, in the case of a contract for quotation for repair of a motor vehicle, is in the prescribed form) and has been signed by the owner of the vehicle or some person duly authorised to act on the owner's behalf; and

            (b)         there is printed conspicuously on that contract in capital letters in bold, black type so as to be clearly seen the words "This contract is unenforceable unless the owner of the motor vehicle or some person duly authorised to act on the owner's behalf confirms the contract not less than six hours nor more than fourteen days after the signing of the contract"; and

            (c)         the owner of the vehicle or person duly authorised to act on the owner's behalf is given a duplicate of the contract immediately after signing the contract and the other party to the contract has obtained from that person an acknowledgment in writing of receipt of the duplicate; and

            (d)         the owner of the vehicle or some person duly authorised to act on the owner's behalf has not less than six hours nor more than fourteen days after the signing of the contract notified the other party to the contract in writing that the owner confirms the contract.

        (3)         No amount is payable, nor does a lien arise, in respect of the cost of making repairs to, or preparing a quotation for repair of, a motor vehicle referred to in subsection (2) where the repairs are made or the quotation is prepared before the prescribed time, unless the repairs are made or the quotation is prepared pursuant to a contract that has been entered into and confirmed in accordance with subsection (2).

        (4)         In this section—

"the prescribed time" means—

            (a)         where the vehicle was removed from the scene of the accident by a towtruck—the time at which after the vehicle was so removed the owner or some person duly authorised to act on the owner's behalf recovers actual physical possession of the vehicle; or

            (b)         the expiration of 24 hours after the removal of the vehicle from the scene of the accident,

whichever last occurs.

        (5)         An agreement or arrangement that purports to exclude, modify or restrict the operation of this section is to that extent void and of no effect.

        (6)         A purported waiver of a right conferred by this section is void and of no effect.

        (7)         The provisions of this section, other than subsection (1), do not apply to a contract to which Part 3 of the Fair Trading Act 1987 applies.