Second-Hand Vehicle Dealers Act 1995

A dealer must not offer a second-hand vehicle for sale unless a notice in the prescribed form containing the required particulars and statements relating to the vehicle is attached to the vehicle.

For the purposes of subsection (1), a vehicle owned by a dealer and located in a part of the dealer's premises in which other vehicles are exposed for sale will be regarded as being exposed for sale by the dealer unless a notice is attached to the vehicle in a prominent position advising that the vehicle is not for sale.

For the purposes of subsection (1), the required particulars and statements relating to a vehicle are—

the name in which the dealer is licensed and business address of the dealer; and

unless the dealer is offering the vehicle for sale on behalf of another dealer, a statement—

that the dealer will be liable to discharge the duty to repair under Part 4; or

if there is no duty to repair under Part 4—that there is no duty to repair the vehicle; and

if the dealer is offering the vehicle for sale on behalf of another dealer—

the name in which the other dealer is licensed and business address of the other dealer; and

a statement—

that the other dealer will be liable to discharge the duty to repair under Part 4; or

if there is no duty to repair under Part 4—that there is no duty to repair the vehicle; and

a statement that the name and address of the last owner of the vehicle who was not a dealer are available on request from the dealer; and

if the owner referred to in paragraph (d) carried on a vehicle leasing business and let the vehicle on hire to another person under a vehicle leasing agreement—a statement that the other person's name and address are available on request from the dealer; and

the price at which the vehicle (in the condition in which it is offered for sale) may be purchased for cash, including any fees and charges payable to the dealer (except prescribed fees and charges); and

the vehicle's year of manufacture (as determined by the regulations); and

the vehicle's year of first registration; and

the vehicle's manufacturer and model designation; and

if the vehicle is registered—the vehicle's registration number; and

if the vehicle is not registered—the vehicle's engine number; and

if the vehicle is equipped with an odometer—

the reading of the odometer at the time the vehicle was acquired from the last owner of the vehicle who was not a dealer; and

—

if it is more likely than not that the reading of the odometer is a reasonably accurate measure of the distance travelled by the vehicle—a statement that the odometer reading may be regarded as reasonably accurate; or

if that is not the case—the statement required by the regulations; and

such other particulars and statements as are prescribed.

In proceedings for an offence relating to a failure to include in a notice all the particulars and statements required under this section or the inclusion of any incorrect particulars or statement, it is a defence to prove that the defendant, having made reasonable inquiries and a proper examination of the vehicle, complied with the requirements of the subsection to the best of the defendant's knowledge, information and belief.

The dealer must, on request by a potential purchaser, disclose the name and address of the last owner (or lessee) of the vehicle to the potential purchaser before a contract is made for the purchase of the vehicle.

A dealer must not, in an advertisement published in connection with the sale of a second-hand vehicle, refer directly or indirectly to the odometer reading of the vehicle or the distance travelled by the vehicle unless a notice is attached to the vehicle under this section and the notice contains a statement by the dealer that the odometer reading of the vehicle may be regarded as reasonably accurate.

A person from whom a dealer acquires ownership of a second-hand vehicle or on whose behalf a dealer is selling a second-hand vehicle must not give the dealer any information as to any of the matters referred to in subsection (3) that is, to that person's knowledge, false or misleading in a material particular.