Section 76 of the Road Transport Act 2013 (NSW) is ‘Defective Registrable Vehicles’ and is extracted below.
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Section 76 of the Road Transport Act 2013 is Defective registrable vehicles and reads as follows:
Defective registrable vehicles
(cf VR Act, s 26)
(1) A police officer, or the Authority, may inspect a registrable vehicle (whether or not on a road) for the purpose of deciding its identity, condition or the status (whether in this jurisdiction or another jurisdiction) of any registration or permit relating to the vehicle.
(2) A registered operator or owner of, or any person in charge of or having the custody of or selling or having in possession for sale or otherwise of the registrable vehicle must afford the police officer or the Authority all reasonable facilities for making such an inspection.
Maximum penalty: 20 penalty units.
(3) Without limiting subsection (1), for the purposes mentioned in that subsection and in connection with any inspection, a police officer or the Authority may:
(a) enter in or on the vehicle on a road, or
(b) enter in or on any premises ordinarily used for the sale of registrable vehicles and in or on such a vehicle on those premises, or
(c) enter in or on any other premises if the officer or the Authority has reasonable cause to believe a registrable vehicle is for sale, held in possession for sale or in a damaged condition as a result of an accident, and may enter in or on any such vehicle on those premises.
(4) A police officer, or the Authority, may, in accordance with the statutory rules, on discovering a defective registrable vehicle:
(a) issue a warning or a defect notice, or
(b) impose conditions on the use of the vehicle, or
(c) prohibit the use of the vehicle.
(5) A defect notice may be withdrawn or cleared in accordance with the statutory rules.
(6) After inspecting a registrable vehicle, a police officer, or the Authority, may seize any device, plate or document in or on the vehicle if it is suspected on reasonable grounds that the device, plate or document is being used in committing an offence against this Act or the statutory rules.
(7) In this section:
“inspect” , in relation to a registrable vehicle, includes observe the vehicle’s performance, with or without the use of instrumentation.
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At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.
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