Clearance of vehicle defect notice
120 Clearance of vehicle defect notice
The following persons (an authorised person) are the only persons authorised to clear a vehicle defect notice other than a minor self-clearing defect notice:a police officer; an authorised officer; any other person approved by the Registrar to do so.
Before clearing a vehicle defect notice, an authorised person may require – the registered operator, or other person in charge of the vehicle, to produce evidence to the authorised person's satisfaction that the defects described in the notice have been rectified; and if the vehicle defect notice is a major vehicle defect notice or a minor vehicle defect notice – that the vehicle be submitted to an inspection for the purpose of ascertaining whether the defects described in the notice have been rectified and whether the vehicle has other defects; and the registered operator, or other person in charge of the vehicle, to pay the applicable scheduled fees for the inspection.
The owner, or operator, of a vehicle may clear a minor self-clearing defect notice if the owner, or operator – has fully rectified the defects specified in the minor self-clearing defect notice; and has provided a statutory declaration to the Registrar stating that the defects specified in the minor self-clearing defect notice have been rectified in full.
If a major vehicle defect notice is cleared – the authorised person who cleared the major vehicle defect notice must issue a certificate of clearance to the registered operator; and if a defective vehicle label has been affixed to the vehicle under these regulations, the authorised person must remove or deface the label or authorise the registered operator or the driver to remove or deface it.
A person must not remove or deface a defective vehicle label unless authorised to do so by an authorised person. Fine not exceeding 10 penalty units.
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