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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.]