Victorian Numbered Regulations Victorian Numbered RegulationsSch. 1
LICENSED MOTOR CAR TRADER or (LMCT)
( insert licensee's licence number )
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Registration Number or, if
unregistered, Trader's Stock Number
Make/model
Type of vehicle
Year first registered
Built date if it appears on the vehicle
Compliance date
Vehicle identification/engine no
on Registration Label or chassis number
Date of acquisition
Odometer reading
*Name and address of person from whom vehicle acquired
*Name and address of auction business from which vehicle acquired or received
Security interest (if any) held by
Security interest (if any) amount paid out in discharge
Date security interest paid (if any)
*Signature of person from whom vehicle acquired
*Signature of person authorised to sign on behalf of the auction business from which vehicle acquired or received
*(delete whichever is inapplicable)
Sold to (name and address)
Date of delivery
Odometer reading
Roadworthiness certificate
—Certificate number
—Certificate date
Date notice of acquisition sent to
Roads Corporation
Date notice of disposal sent to
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Roads Corporation
Date registration cancelled and plates returned (if applicable)
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NOTICE TO MOTOR CAR TRADER BY PROSPECTIVE PERSON EMPLOYED IN A CUSTOMER SERVICE CAPACITY
Declaration of Eligibility to be Employed in a Customer Service Capacity
I,
( Insert name of person to be employed )
of
( Insert residential address of person to be employed)
declare that I—
(*delete whichever is not applicable)
(a) *have/*have not had a claim admitted against the Motor Car Traders' Guarantee Fund (note: see paragraph (c) below); and
(b) *am/*am not or *was/*was not a partner or director of, or person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Motor Car Traders' Guarantee Fund in relation to an act or omission that occurred at a time I was a partner or director of, or a person involved in the management of, the partnership or body corporate (note: see paragraph (c) below); and
(c) *have/*have not obtained permission under section 29A of the Motor Car Traders Act 1986 in relation to a claim or claims referred to in paragraphs (a) and (b) above; and
Please specify further details of permission obtained :
(d) *have/*have not, within the last 10 years, been found guilty or convicted of, a disqualifying or serious offence involving fraud, dishonesty, drug trafficking or violence (whether or not a conviction was recorded) (note: see paragraph (e) below); and
(e) *have/*have not obtained permission under section 29B of the Motor Car Traders Act 1986 in relation to an offence involving fraud, dishonesty, drug trafficking or violence referred to in paragraph (d) above; and
Please specify further details of permission obtained :
(f) *am/*am not for the time being disqualified from holding a motor car trader's licence; and
(g) *am/*am not for the time being disqualified from being employed in any capacity in connection with the business of a motor car trader (regardless of whether or not motor car traders are referred to by that name in the relevant jurisdiction)
( Signature of proposed employee making the declaration )
( Print full name )
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( Date )
Note: Under section 84A of the Motor Car Traders Act 1986 it is an offence punishable by a fine of 50 penalty units to make a false or misleading statement or omission in this declaration. Under section 35A of the Motor Car Traders Act 1986 , a motor car trader must receive a completed declaration from a person before that person is employed in a customer service capacity by the trader. Also, under section 35A, a person is disqualified from being employed in a customer service capacity by a motor car trader unless the person gives the trader a police check of one of the two kinds specified in section 35A. The police check and the Form 3 must be retained for at least 7 years, as they are prescribed documents under regulation 26.
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COOLING-OFF RIGHTS AND WAIVING YOUR COOLING-OFF RIGHTS
YOUR RIGHT TO COOL OFF
There is a cooling-off period for all car sales (including motorcycle sales), except for commercial vehicles, vehicles sold to a motor car trader and any vehicle sold to a body corporate.
The cooling-off period will terminate three clear days after the purchaser signs the agreement for the sale of a motor car or immediately if the purchaser during the cooling-off period and immediately before delivery signs a waiver. Clear days do not include weekends or public holidays.
If you cool off and terminate the agreement for the sale of the car, there is a penalty. That is, the motor car trader will keep some of your money. The amount that the trader will keep depends on the type of sale. (Trader to tick relevant box based on type of sale.)
o The penalty for terminating a new car sale is $400 or 2 per cent of the purchase price (whichever is greater) where this is not an off-trade premises sale.
o The penalty for terminating an "off-trade-premises" sale of a new car is $100 or 1 per cent of the purchase price (whichever is greater). An "off-trade-premises" sale is one in which you agree to purchase the car while you are at home or at your workplace and you did not ask for the agreement to be signed at your home or workplace.
o The penalty for terminating a used car sale is $100 or 1 per cent of the purchase price (whichever is greater).
DETAILS OF CAR
Make and model of motor car:
Registration No.:
If unregistered—engine number or chassis number or vehicle identification number or registration number (if any) last assigned to the vehicle or, if none of those numbers are reasonably ascertainable, any other number by which the vehicle may be identified.
Selling trader:
PENALTY IF YOU ELECT TO COOL OFF ON THIS CAR PURCHASE
The penalty that would apply if you cool off on this car sale would be
$ (Trader to enter relevant amount based on purchase
price and type of sale.)
NOTE: A copy of this form is to be given to the customer whether the customer signs it or not, and the trader will retain a copy of the form if the customer signs the waiver.
WAIVING YOUR COOLING-OFF RIGHTS
1. I have agreed to buy this vehicle.
2. I know that the Motor Car Traders Act 1986 gives me the right to decide within 3 days not to go ahead with the purchase and to cancel the sale agreement. This reference to 3 days means 3 clear days not including Saturdays, Sundays or days that are wholly or partly observed as Victorian public holidays.
3. I know that if I sign this form immediately
before accepting delivery of the vehicle, I WILL LOSE MY RIGHT TO CANCEL THE
SALE AGREEMENT.
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Purchaser's signature: Date:
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under section 54 of the Motor Car Traders Act 1986
Particulars of a Used Motor Car offered for Sale, required in accordance with section 52(1) of the Motor Car Traders Act 1986
A. Name and business address of the current owner of the motor car.
B. If the owner of the motor car is a motor car trader or special trader—
(i) if the last owner of the motor car was neither a motor car trader nor a special trader, the words "name and address is available upon request"; and
(ii) if the last owner of the motor car was a motor car trader or a special trader, the name and business address of the motor car trader or special trader.
C. If the motor car is equipped with an odometer, the distance travelled by the motor car entered by the motor car trader in the dealings book when the trader acquired the motor car or received custody or possession of the motor car for the purpose of sale (as the case may be).
D. Except in the case of a motor car offered or displayed for sale at a public auction, the cash price of the motor car, a statement that the cash price does not include transfer fee or stamp duty and a statement of whether the car is sold with registration or without registration.
E. Built date if it appears on the motor car:
Compliance date:
Year first registered:
F. The model designation (if any) of the motor car.
G. Registration number (if any) of the motor car.
H. Engine number or the serial number on the Registration Label of the motor car.
Signature of motor car trader:
LMCT No.:
Signature of Purchaser:
AFFIX TO RIGHT SIDE WINDOW (Rear where applicable)
(NOTE: On the sale of the motor car the purchaser must sign and be given a copy of this form under sections 52(6) and 83C(1) of the Motor Car Traders Act 1986 and regulation 28 of the Motor Car Traders Regulations 2008).
IMPORTANT INFORMATION
Buying a used car from a licensed trader
1. This car is NOT MORE THAN 10 years old AND has
been driven LESS THAN 160 000 km , so it is automatically covered by Statutory
Warranty under section 54 of the Motor Car Traders Act 1986 for the first 3
months or 5000 km after delivery, whichever occurs first.
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2. For most used cars, there is a 3 day cooling off period commencing the day after signing the sale agreement. This reference to 3 days means 3 clear days not including Saturdays, Sundays or days that are wholly or partly observed as Victorian public holidays. If a purchaser decides to cancel the sale agreement, the purchaser must notify the licensed trader in writing, before the close of business on the third day. The licensed trader can withhold 1% of the purchase price or $100, whichever is greater. The cooling off period applies to all used cars except commercial vehicles, used cars bought at public auction and vehicles sold to a body corporate.
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Regulations 11 and 12
NOT COVERED BY STATUTORY WARRANTY
under section 54 of the Motor Car Traders Act 1986
Particulars of a Used Motor Car offered for Sale, required in accordance with section 52(1) of the Motor Car Traders Act 1986
A. Name and business address of the current owner of the motor car.
B. If the owner of the motor car is a motor car trader or special trader—
(i) if the last owner of the motor car was neither a motor car trader nor a special trader, the words "name and address is available upon request"; and
(ii) if the last owner of the motor car was a motor car trader or a special trader, the name and business address of the motor car trader or special trader.
C. If the motor car is equipped with an odometer, the distance travelled by the motor car entered by the motor car trader in the dealings book when the trader acquired the motor car or received custody or possession of the motor car for the purpose of sale (as the case may be).
D. Except in the case of a motor car offered or displayed for sale at a public auction, the cash price of the motor car , a statement that the cash price does not include transfer fee or stamp duty and a statement of whether the car is sold with registration or without registration.
E. Built date if it appears on the motor car:
Compliance date:
Year first registered:
F. The model designation (if any) of the motor car.
G. Registration number (if any) of the motor car.
H. Engine no or the serial no on the Registration Label of the motor car.
Signature of motor car trader:
LMCT No.:
Signature of Purchaser:
AFFIX TO RIGHT SIDE WINDOW (Rear where applicable)
(NOTE: On the sale of the motor car the purchaser must sign and be given a copy of this form under sections 52(6) and 83C(1) of the Motor Car Traders Act 1986 and regulation 28 of the Motor Car Traders Regulations 2008).
IMPORTANT INFORMATION
Buying a used car from a licensed trader
1. This car is NOT covered by a Statutory Warranty under section 54 of the Motor Car Traders Act 1986 . The trader has no duty under the Motor Car Traders Act 1986 to repair or make good any defects after delivery. The trader may have obligations under other legislation.
2. Vehicles NOT covered by the Statutory Warranty under section 54 of the Motor Car Traders Act 1986 :
used cars which are MORE THAN 10 years old OR which have been driven 160 000 km OR MORE;
motorcycles;
commercial vehicles;
cars bought at public auction.
3. Licensed traders may offer a warranty on
vehicles which are not covered by the Statutory Warranty under section 54 of
the Motor Car Traders Act 1986 .
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4. For most used cars there is a 3 day cooling off period commencing the day after signing the sale agreement. This reference to 3 days means 3 clear days not including Saturdays, Sundays or days that are wholly or partly observed as Victorian public holidays. If a purchaser decides to cancel the sale agreement, the purchaser must notify the licensed trader in writing, before the close of business on the third day. The licensed trader can withhold 1% of the purchase price or $100, whichever is greater. The cooling off period applies to all used cars except commercial vehicles, used cars bought at public auction and vehicles sold to a body corporate.
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Regulations 11 and 12
NOT COVERED BY STATUTORY WARRANTY
under section 54 of the Motor Car Traders Act 1986
Particulars of a Used Motor Cycle offered for Sale, required in accordance with section 52(1) of the Motor Car Traders Act 1986
A. Name and business address of the current owner of the motor cycle.
B. If the owner of the motor cycle is a motor car trader or special trader—
(i) if the last owner of the motor cycle was neither a motor car trader nor a special trader, the words "name and address is available upon request"; and
(ii) if the last owner of the motor cycle was a motor car trader or a special trader, the name and business address of the motor car trader or special trader.
C. If the motor cycle is equipped with an odometer, the distance travelled by the motor cycle entered by the motor car trader in the dealings book when the trader acquired the motor cycle or received custody or possession of the motor cycle for the purpose of sale (as the case may be).
D. Except in the case of a motor cycle offered or displayed for sale at a public auction, the cash price of the motor cycle, a statement that the cash price does not include transfer fee or stamp duty and a statement of whether the motor cycle is sold with registration or without registration.
E. Built date if it appears on the motor cycle:
Compliance date:
Year first registered:
F. The model designation (if any) of the motor cycle.
G. Registration number (if any) of the motor cycle.
H. Vehicle frame number.
I. Engine number or the serial number on the Registration Label of the motor cycle.
Signature of motor car trader:
LMCT No.:
Signature of Purchaser:
AFFIX TO HANDLE BARS
(NOTE: On the sale of the motor cycle the purchaser must sign and be given a copy of this form under sections 52(6) and 83C(1) of the Motor Car Traders Act 1986 and Regulation 28 of the Motor Car Traders Regulations 2008).
IMPORTANT INFORMATION
Buying a used motor cycle from a licensed trader
1. This motorcycle is NOT covered by a Statutory Warranty under section 54 of the Motor Car Traders Act 1986 . The trader has no duty under the Motor Car Traders Act 1986 to repair or make good any defects after delivery. The trader may have obligations under other legislation.
2. Vehicles NOT covered by the Statutory Warranty under section 54 of the Motor Car Traders Act 1986 :
used cars which are MORE THAN 10 years old OR which have been driven 160 000 km OR MORE ;
motorcycles;
commercial vehicles;
cars bought at public auction.
3. Licensed traders may offer a warranty on
vehicles which are not covered by the Statutory Warranty under section 54 of
the Motor Car Traders Act 1986 .
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4. For most motor cycles there is a 3 day cooling off period commencing the day after signing the sale agreement. This reference to 3 days means 3 clear days not including Saturdays, Sundays or days that are wholly or partly observed as Victorian public holidays. If a purchaser decides to cancel the sale agreement, the purchaser must notify the licensed trader in writing, before the close of business on the third day. The licensed trader can withhold 1% of the purchase price or $100, whichever is greater. The cooling off period does not apply to motor cycles bought at public auctions.
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STATEMENT OF DEFECTS PURSUANT TO SECTION 55 OF THE MOTOR CAR TRADERS ACT 1986 IN A USED MOTOR CAR OFFERED FOR SALE
Make and model of motor car:
Registration number (if applicable):
Engine number or serial number
on Certificate of registration:
Trading name and LMCT No.:
|
Description of Defect |
Estimate of Fair Cost of Repairing or Making Good |
| | |
| | |
Any items listed on this notice are NOT subject to Statutory Warranty under section 54 of the Motor Car Traders Act 1986 .
Signature of purchaser Signature of motor car trader
Licence or LMCT No.:
Notes:
This notice will only have effect if—
(a) at all material times it has been attached to the motor car; and
(b) at or before the time of sale a copy of the notice has been signed by the purchaser; and
(c) upon the sale a true copy of the notice as so signed has been delivered to the purchaser for retention by that purchaser; and
(d) the estimate by the motor car trader of the fair cost of repairing or making good the defect is reasonable.
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To: Inspector ( specify Inspector's name ):
I, (insert name) in relation to ( insert name and address of principal place of business/former business ), ( insert licence number/former licence number ) verify that the document produced to you on ( insert date ) in accordance with section 82AA of the Motor Car Traders Act 1986 is a true record of the dealings book as at the date of this statement.
Note: Section 82AA of the Act provides that an inspector may require a licensed motor car trader or a specified person to produce certain documents and it is the person required to produce those documents that must make the verified statement. Section 82AA(2) defines a "specified person" to mean, in relation to the business of a licensed motor car trader—
(a) a person whose licence has been surrendered or cancelled within the last 3 years; or
(b) a person who is a director or officer of a corporation which is a licensed motor car trader; or
(c) if the licence of a corporation has been surrendered or cancelled within the last 3 years, a person who was a director or officer of the corporation at the time the licence was surrendered or cancelled; or
(d) a person who under section 33 of the Act is carrying on the business of a licensed motor car trader.
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Section 82AM
1. The item described below has been embargoed under section 82AM of the Motor Car Traders Act 1986 .
2. Section 82AM(2) provides that a person who knows that an embargo notice relates to a thing and who—
(a) sells; or
(b) leases; or
(c) without the written consent of the inspector who issued the embargo notice, moves; or
(d) transfers; or
(e) otherwise deals with—
the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units.
3. Section 82AM(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.
4. Section 82AM(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.
Description of embargoed item—
This notice has been—
o served on ( name )
o affixed to the item described above
Signature of inspector:
Name of inspector:
Telephone number: Date: Time:
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