South Australian Current Regulations South Australian Current Regulations74—Registrar to be given notice of, and notices to be affixed to,
written-off vehicles
(1) Subject to this
regulation—
(a) an
insurer who makes a determination that a motor vehicle is a total loss for
insurance purposes must, if the vehicle is a notifiable vehicle—
(i)
as soon as practicable after making the determination,
but before selling or otherwise disposing of the vehicle, affix
written-off vehicle notices to the vehicle in accordance with this regulation;
and
(ii)
within 7 days after making the determination, give
notice in relation to the vehicle to the Registrar in accordance with this
regulation;
(b) a
person who brings a notifiable vehicle into the State from another State or a
Territory of the Commonwealth must—
(i)
as soon as practicable after bringing the vehicle into
the State, but before selling or otherwise disposing of the vehicle, affix
written-off vehicle notices to the vehicle in accordance with this regulation;
and
(ii)
within 7 days after bringing the vehicle into the
State, give notice in relation to the vehicle to the Registrar in accordance
with this regulation;
(c) a
vehicle dealer who comes into possession of a notifiable vehicle must—
(i)
as soon as practicable after coming into possession of
the vehicle, but before selling or otherwise disposing of the vehicle, affix
written-off vehicle notices to the vehicle in accordance with this regulation;
and
(ii)
within 7 days after coming into possession of the
vehicle, give notice in relation to the vehicle to the Registrar in accordance
with this regulation;
(d) a
vehicle wrecker who acquires a notifiable vehicle must—
(i)
as soon as practicable after acquiring the vehicle, but
before commencing to dismantle the vehicle, or
selling or otherwise disposing of the vehicle, affix
written-off vehicle notices to the vehicle in accordance with this regulation;
and
(ii)
within 7 days after acquiring the vehicle, give
notice in relation to the vehicle to the Registrar in accordance with this
regulation;
(e) a
person (other than a person referred to in a preceding paragraph of this
subregulation) who is in possession of a notifiable vehicle must, before
selling or otherwise disposing of the vehicle—
(i)
affix written-off vehicle notices to the vehicle in
accordance with this regulation; and
(ii)
give notice in relation to the vehicle to the Registrar
in accordance with this regulation.
(2) A person is not
required to affix written-off vehicle notices to a notifiable vehicle under
subregulation (1) if—
(a) such
notices are already affixed to the vehicle in accordance with this regulation
and (except where the person is a person referred to in
subregulation (1)(d) or (e)) any identification of the vehicle as a
statutory write-off or repairable write-off by the notices is correct; or
(b) in
the case of an interstate written-off vehicle, the notices required to be
affixed under the corresponding law of the relevant State or Territory are so
affixed; or
(c) the
vehicle is a notifiable vehicle only because it has hail damage of a
cosmetic nature.
(3) A person is not
required to give notice in relation to a notifiable vehicle to the Registrar
under subregulation (1) if—
(a)
notice has already been given in relation to the vehicle to the Registrar in
accordance with this regulation and (except where the person is a person
referred to in subregulation (1)(d) or (e)) the previous notification
correctly identifies whether the vehicle is a statutory write-off or a
repairable write-off; or
(b) the
vehicle is an interstate written-off vehicle.
(4)
Written-off vehicle notices must be affixed to a notifiable vehicle in the
manner determined by the Minister and specified on the notices or on
accompanying material.
(5) A notice required
to be given to the Registrar in accordance with this regulation—
(a) must
be given in the manner and form determined by the Minister; and
(b)
must—
(i)
(except in the case of a notice given by a person
referred to in subregulation (1)(e)) specify whether the
notifiable vehicle is a statutory write-off or a repairable write-off; and
(ii)
contain particulars of such other matters as may be
determined by the Minister.
(6)
Written-off vehicle notices affixed to a notifiable vehicle in accordance with
this regulation (or, in the case of an interstate written-off vehicle, notices
affixed in accordance with the relevant corresponding law) must not be
defaced, altered or removed from the vehicle except—
(a) at a
time or in a manner determined by the Minister and (except in the case of
notices affixed in accordance with a corresponding law) specified in the
notice; or
(b) by
or with the approval of an authorised officer.
(7) A person who
contravenes or fails to comply with a requirement of this regulation is guilty
of an offence.
Maximum penalty:
(a) in
the case of an offence committed in the course of a trade or
business—$2 500;
(b) in
any other case—$1 250.
(8) Without limiting
the circumstances in which an insurer referred to in subregulation (1)(a)
may be taken to have determined that a motor vehicle is a total loss, an
insurer will for the purposes of that subregulation be taken to have made such
a determination if the insurer—
(a)
allows a claim for the full insured value of the vehicle; or
(b)
sells or otherwise disposes of the vehicle to a third party.
(9) A reference in
this regulation to "commencing to
dismantle", " selling or otherwise disposing of",
"affixing written-off vehicle notices to" or "removing written-off vehicle
notices from , a vehicle, includes a reference to dismantling,
selling or otherwise disposing of, affixing notices to or removing notices
from, a part of the vehicle.