MOTOR VEHICLE DEALERS ACT 1973 - SECT 28
MOTOR VEHICLE DEALERS ACT 1973 - SECT 28
28 . Defects in second-hand vehicle, powers of police etc. to order remediation of
(1) This section
applies where —
(a) an
inspecting officer is examining or testing a second-hand vehicle under
section 27; and
(b) the
officer is of the opinion that the vehicle or its equipment is defective.
(2) The inspecting
officer may make an order in the approved form —
(a)
specifying any defect in the vehicle or its equipment; and
(b)
requiring the owner of the vehicle, not later than the day specified in the
order, at the owner’s option, to either —
(i)
remedy each defect so specified; or
(ii)
return the number plates relating to the vehicle to the
nearest licensing or registering authority in accordance with section 28A.
(3) Where an order is
made under subsection (2) in respect of a vehicle, the inspecting officer
shall attach to the vehicle a notice in the approved form —
(a)
stating that the order has been made; and
(b)
informing the owner that the sale of the vehicle is prohibited as provided by
section 29(1).
(4) If the dealer is
the owner of the vehicle, the order shall be given to the dealer.
(5) If the dealer is
in possession of the vehicle under a consignment agreement —
(a) the
dealer shall inform the inspecting officer of the name and address of the
consignor; and
(b) the
inspecting officer shall give the order or cause it to be given to the
consignor.
(6) An order under
subsection (2) and the corresponding notice under subsection (3) may be
amended so far as is necessary to correct any error.
(7) The powers in
subsections (5) and (6) may be exercised by persons or classes of persons
designated by the Commissioner.
(8) An order under
subsection (2) remains in force until the conditions provided for by either of
the following paragraphs are met —
(a) the
number plates are returned to the nearest licensing or registering authority
—
(i)
as required by the order and the provisions of
section 28A; or
(ii)
under section 29(3);
(b) the
vehicle has been examined by an inspecting officer and the officer —
(i)
is satisfied that each defect specified in the order has
been remedied; and
(ii)
cancels the order and removes the notice attached to the
vehicle under subsection (3).
(9) An inspecting
officer examining a vehicle as mentioned in subsection (8)(b) may make a
further order under subsection (2) in respect of the vehicle if he is of the
opinion that the vehicle or its equipment is defective.
(10) The owner of a
vehicle in respect of which an order is made under subsection (2) shall comply
with the order.
Penalty: $2 000.
(11) A person shall
not wilfully remove, damage or obliterate a notice attached to a vehicle under
subsection (3).
Penalty: $2 000.
(12) In this section
—
consignment agreement has the same meaning as it
has in section 32A;
defective , in relation to a vehicle, means that
it requires work to be done to it, or other attention, to make it comply with
any requirement of a written law that applies to the vehicle or its equipment;
and defect has a corresponding meaning;
inspecting officer means a member of the Police
Force or an authorised officer;
owner means —
(a) the
dealer at whose authorised premises the vehicle is being examined or tested,
if he is the trade owner of the vehicle; or
(b) if
the dealer is in possession of the vehicle under a consignment agreement, the
consignor under that agreement.
[Section 28 inserted: No. 4 of 2002 s. 68.]