Consumer Affairs and Fair Trading Act 1990

accessories includes car radios, sound reproducing equipment, air conditioning units, and spare wheels and tools usually carried on motor vehicles.

body number, in relation to a motor vehicle, means the figures, letters or other symbols (if any) recorded on the body of the vehicle by its manufacturer as a means of identifying the vehicle.

commercial vehicle is to be construed in accordance with subsections (2) and (3).

consignor, in relation to a dealer, means a person from whom the dealer receives a motor vehicle for sale on consignment.

dealer means a person who buys, sells, offers for sale or exchanges motor vehicles as a business (whether alone or in partnership, and whether or not as the person's sole business) but does not include:

(a) a person whose business consists exclusively of buying motor vehicles for the purpose of demolishing or dismantling them; or

dealings register means a dealings register kept by a licensed dealer under section 157.

demonstration vehicle means a motor vehicle which has only been used for the purposes of a dealer's business as such, and which is the subject of an unexpired manufacturer's warranty.

exempt trader means a person (other than a financier) who carries on the business of buying, selling or exchanging motor vehicles, but does not (otherwise than by an agent who is a licensed dealer) offer or display motor vehicles for sale to the public or hold themselves out as ready to purchase vehicles from the public.

financier is to be construed in accordance with subsections (4) and (5).

hire-purchase agreement, in relation to a motor vehicle, includes:

(b) an agreement the object of which is the sale and purchase of the vehicle by instalments (whether described as rent, hire or in any other manner), not being an agreement under which the property in the vehicle passes at the time of the agreement or at any time before delivery of the vehicle.

licence means a licence under this Part.

licensed dealer means a person holding a current licence under this Part.

manufacturer means a person who carries on the business of making or assembling motor vehicles.

model designation, in relation to a motor vehicle of a particular model, means the words, figures, letters or other symbols (if any) applied by its manufacturer to describe or identify a vehicle of that model.

motor vehicle means any motor car, motor cycle or other vehicle used on land which is propelled wholly or partly by any volatile spirit, by steam, gas, oil, hydrocarbon or electricity, or by any means other than human or animal power (whether the vehicle is new or used, and whether or not it is in working condition or complete) but does not include:

(b) a vehicle included in a class or description of vehicles declared by regulation not to be motor vehicles for this Part;

odometer means an instrument or device which measures and records the distance travelled by a motor vehicle, but does not include one that is designed so as to permit, as part of its normal functioning, manual alteration of the distance so recorded.

owner, in relation to a motor vehicle, includes a person who:

(b) has possession of the vehicle under or subject to a hire-purchase agreement, bill of sale or similar instrument; or

but does not include a person in whom the property in the vehicle, or an absolute or conditional right to take possession of the vehicle, is vested under or subject to a contract of hire, a hire-purchase agreement, a bill of sale or any similar instrument, but who does not for the time being have possession of the vehicle.

sale on consignment, in relation to a motor vehicle, means its sale by a dealer for or on behalf of another person.

sell means to sell as principal or agent.

trade owner means a dealer, a financier or an exempt trader.

vehicle identification number has the same meaning as in the Motor Vehicles Act 1949.

(2) Subject to subsection (3), a commercial vehicle is a motor vehicle which is constructed or adapted principally for:

but does not include, except where (before a contract for its sale is entered into) the prospective purchaser has, by written notice to the dealer in the approved form, confirmed that the vehicle is to be used principally for commercial purposes:

(d) a vehicle of a kind known as a utility, a station wagon or a panel van; or

(e) a vehicle that is adapted for camping use, or is of a type known as a motor home or mobile home; or

(f) a 4 wheel drive vehicle of a type which is reasonably capable of both commercial use and private recreational and leisure use.

(3) Regulations may provide that a specified motor vehicle, or a motor vehicle of a specified class or description of motor vehicles, is a commercial vehicle for the purposes of this Part or is not a commercial vehicle for those purposes.

(4) Subject to subsection (5), a financier is a person who carries on the business of buying, selling or exchanging motor vehicles only for one or more of the following purposes:

(a) the purpose of hiring motor vehicles under hire-purchase agreements;

(c) the purpose of taking or enforcing securities over motor vehicles;

(d) the purpose of letting out motor vehicles on hire without granting any right to purchase them;

(f) the purpose of disposing of motor vehicles which the person has acquired in connection with a purpose falling within any of paragraphs (a) to (e).

(a) a person who (except by an agent who is a licensed dealer) offers or displays motor vehicles for sale to the public otherwise than for the purpose specified in subsection (4)(f);

(b) a person who holds themselves out as ready to purchase motor vehicles from the public;

(c) a person who is declared by regulations not to be a financier, or who belongs to a class or description of persons declared by regulations not to be financiers.