(1) This section applies in relation to an inspection undertaken in accordance with any provision of this Act.
(2) An authorised officer or police officer who inspects a commercial passenger vehicle may issue a defect notice for the vehicle if the authorised officer or police officer is satisfied that the vehicle—
(a) is unsafe, unsuitable or unfit for use; or
(b) does not comply with—
(i) this Act or the regulations; or
(ii) a condition of the registration for that vehicle under Part 3.
(3) A defect notice is issued by serving the notice on the person in whose name the vehicle is registered under Part 3.
(4) A defect notice—
(a) must identify the vehicle and the defect in respect of which the notice is issued; and
(b) must state that the person to whom the notice is issued must fix that defect; and
(c) must state a time and date after which the vehicle must not be driven unless the defect is fixed; and
(d) may direct the person to whom the notice is issued to present the vehicle for further inspection at a specified location and at a specified time and date.
(5) The person in whose name the vehicle is registered under Part 3 must not drive the vehicle, or permit the vehicle to be driven, after the time and date referred to in subsection (4)(c) unless the defect has been fixed.
Penalty: 20 penalty units.
(6) If a defect notice includes a direction under subsection (4)(d), the person to whom the notice is issued must comply with that direction unless the person has a reasonable excuse.
Penalty: 20 penalty units.
S. 165 inserted by No. 63/2017 s. 18.