AustLII Tasmanian Numbered Regulations

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VEHICLE AND TRAFFIC (DRIVER LICENSING AND VEHICLE REGISTRATION) REGULATIONS 2010 (S.R. 2010, NO. 37) - REG 87

Issue of vehicle defect notice

(1)  Vehicle defect notices are to be of two classes –
(a) major vehicle defect notice; or
(b) minor vehicle defect notice.
(2)  A vehicle defect notice –
(a) is to be designated as a major vehicle defect notice if the police officer or authorised officer issuing the notice is of the opinion that further use of the vehicle on public streets after a time stated in the notice would constitute an imminent and serious safety risk; and
(b) is to be designated as a minor vehicle defect notice if the officer issuing the notice is of the opinion that further use of the vehicle on public streets after a time stated in the notice may constitute a safety risk.
(3)  A vehicle defect notice must state –
(a) if the vehicle is registered, the vehicle's registration details including the registration number and the jurisdiction of registration; and
(b) if the use of the vehicle on public streets is authorised by a short term unregistered vehicle permit, the number of the permit, the expiry date and the jurisdiction of issue; and
(c) if the driver is present when the notice is issued, the name of the driver; and
(d) to the extent practicable, the vehicle's identification details including its VIN or, if there is no VIN, the chassis number or engine number, its make and type; and
(e) the type of inspection conducted; and
(f) the vehicle's defects for which the notice is issued; and
(g) if a condition limiting the use of the vehicle is imposed, the nature and extent of the limitation and the date and time after which the vehicle is not to be used on a public street (if the notice has not been cleared earlier); and
(h) if a total prohibition is imposed on the use of the vehicle, the fact that a total prohibition has been imposed and the date and time after which the vehicle is not to be used on a public street; and
(i) if the vehicle is not to be moved to another location under its own motive power, the means by which the vehicle is to be moved to another location; and
(j) the nature of the repairs required and the date by which the repairs are to be completed; and
(k) the name, official number or other identification of the police officer or authorised officer who issued the notice; and
(l) whether a traffic infringement notice was also served in relation to the defect at the same time.
(4)  Without limiting subregulation (3)(g)  –
(a) a vehicle defect notice issued in relation to a public passenger vehicle may impose a condition limiting use of the vehicle by prohibiting the carrying of passengers for reward until the notice has been cleared; and
(b) a vehicle defect notice issued in relation to a hire and drive vehicle may impose a condition limiting use of the vehicle by prohibiting the hiring out of the vehicle until the notice has been cleared.
(5)  A police officer or an authorised officer who issues a vehicle defect notice must –
(a) if the driver of the vehicle is present, give the notice to the driver; or
(b) if the vehicle is unattended, affix the notice to the vehicle –
and, if the notice is a major vehicle defect notice, affix a defective vehicle label to the vehicle.
(6)  A defective vehicle label must –
(a) identify the vehicle to which it relates by reference to its registration number or, if the vehicle has no registration number, by reference to its VIN, or if it has neither registration number nor VIN, by reference to the number of the short term unregistered vehicle permit (if applicable), its chassis number or engine number; and
(b) state the date and time after which the vehicle is not to be used on a public street; and
(c) state the name, official number or other identification of the police officer or authorised officer who issued the vehicle defect notice; and
(d) state the date of issue of the label; and
(e) state the serial number of the notice to which the label relates.
(7)  A driver of a vehicle to whom a vehicle defect notice is given under subregulation (5) must, if not the registered operator of the vehicle, give or send the notice to the registered operator as soon as practicable.
Penalty:  Fine not exceeding 5 penalty units.
(8)  A police officer or an authorised officer who issues a vehicle defect notice may, by written notice given to the registered operator of the vehicle, withdraw the notice.



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