TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 133 Business owner to record information about repairs and painting

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 133

133 Business owner to record information about repairs and painting

(1) A person (
"business owner" ) who operates a business that includes the repair or painting of motor vehicles or trailers must ensure a record is kept of each of the following (the
"required information" ) for a motor vehicle or trailer the business owner or an employee of the business owner repairs or paints in the course of operating the business—

(a) the make and model of the motor vehicle or trailer;

(b) the VIN or chassis number of the motor vehicle or trailer;

(c) if the motor vehicle or trailer has a number plate—the registration number displayed on the plate;

(d) the colour of the motor vehicle or trailer—

(i) before it is repaired or painted; and

(ii) after it is repaired or painted (if different);

(e) the name and contact details of the person for whom the repair or painting is carried out (the
"customer" );

(f) the date and time the motor vehicle or trailer is delivered to the business owner or access is given to it;

(g) the proposed nature of the repair or painting at the time the motor vehicle or trailer is delivered or access is given to it;

(h) if, during the period the motor vehicle or trailer is in the business owner’s control, a person drives the motor vehicle or a motor vehicle attached to the trailer on a road outside the business owner’s premises—

(i) the person’s name and contact details; and

(ii) the date and time the person started and ended driving the motor vehicle;

Example for paragraph (h)—

If an employee of the business owner tests the motor vehicle or trailer on a road, the employee’s name, contact details and the date and time the employee started and ended driving the motor vehicle must be recorded.

(i) if a part for the repair of the motor vehicle or trailer is supplied by the customer or another person on the customer’s behalf—details of the part;

(j) if the repair or painting carried out is different from the proposed nature of the repair or painting recorded under paragraph (g) —the repair or painting carried out;

(k) any other information prescribed under a regulation.

Penalty—

Maximum penalty—40 penalty units.

(2) If both a motor vehicle and a trailer attached to the motor vehicle are being repaired or painted, the business owner must ensure the required information is recorded for both the motor vehicle and the trailer.

(3) The required information may be recorded in different documents.

Example for subsection (3)—

A business owner may record the required information about the same motor vehicle or trailer in a job card, invoice, receipt or computer program.

(4) If the required information is recorded in more than 1 document, the business owner must also record in each document information that identifies the motor vehicle or trailer.

Penalty—

Maximum penalty—40 penalty units.

Example for subsection (4)—

A business owner may record in each document a job code that identifies the motor vehicle or trailer.

(5) The business owner must ensure the name and address of the business owner’s business is recorded in at least 1 of the documents in which the required information is recorded.

Penalty—

Maximum penalty—40 penalty units.

(6) A person must not state, or cause or allow to be stated, required information, or information that must be recorded under subsection (4) or (5) , that the person knows, or ought reasonably to know, is false or misleading in a material particular.

Penalty—

Maximum penalty—40 penalty units.

(7) In this section—


"contact details" , of a person, means the person’s address or telephone number.


"employee" includes agent or contractor.


"paint" , a motor vehicle or trailer, means—

(a) paint to change the predominant colour of the motor vehicle or trailer; or

(b) paint a part of the motor vehicle or trailer that has or may have been damaged because of a collision involving the motor vehicle or trailer.

"repair" , a motor vehicle or trailer, means to restore or replace a part of the motor vehicle or trailer that has or may have been damaged because of—

(a) corrosion; or

(b) a collision involving the motor vehicle or trailer.