Section 104O of the Road Transport Act 2013 (NSW) is ‘Heavy Vehicle Certificates of Compliance’ and is extracted below.
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Section 104O of the Road Transport Act 2013 is Heavy Vehicle Certificates of Compliance and reads as follows:
Heavy vehicle certificates of compliance
(1) A licensed repairer may issue, in a form approved by the Authority, a heavy vehicle certificate of compliance in relation to a heavy vehicle if:
(a) the licensed repairer’s licence is of a class that authorises the repairer to repair the type of vehicle, and the type of vehicle damage, the subject of certification, and
(b) the vehicle has been repaired by the licensed repairer or the repairer is satisfied that it has been repaired by another licensed repairer, and
(c) the licensed repairer is satisfied that the standard of repairs, and the repair methods used, are in accordance with the requirements adopted by or set out in the statutory rules.
Note : Section 12 of the Motor Dealers and Repairers Act 2013 makes it an offence for a person to carry on the business of a motor vehicle repairer unless the person is the holder of a motor vehicle repairer’s licence. Section 15 of that Act also makes it an offence for a motor vehicle repairer, in the course of business, to enter into an agreement for any repair work to be done by another person who is not the holder of a motor vehicle repairer’s licence.
(2) A licensed repairer must not issue a heavy vehicle certificate of compliance that the repairer knows, or ought reasonably to know, is false or misleading in a material particular.
Maximum penalty: 20 penalty units.
(3) A person must not attempt to obtain a heavy vehicle certificate of compliance by a false or misleading statement or any misrepresentation or other dishonest means.
Maximum penalty: 20 penalty units.
(4) The Authority may do any of the following in respect of a heavy vehicle that is the subject of a heavy vehicle certificate of compliance referred to in subsection (2) or (3):
(a) amend the NSW written-off heavy vehicles register accordingly,
(b) suspend the registration of the vehicle,
(c) refuse to transfer the registration of the vehicle,
(d) cancel the registration of the vehicle.
(5) The Authority must not cancel the registration of a heavy vehicle unless it has first given the registered operator of the vehicle at least 14 days’ notice of the proposed cancellation.
(6) A person who is not a licensed repairer must not purport to issue a heavy vehicle certificate of compliance or advertise that the person is willing to issue a heavy vehicle certificate of compliance.
Maximum penalty: 1,000 penalty units.
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