Section 98 of the Road Transport Act 2013 (NSW) is ‘Light Vehicle Certificates of Compliance’ and is extracted below.
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Section 98 of the Road Transport Act 2013 is Light Vehicle Certificates of Compliance and reads as follows:
Light vehicle certificates of compliance
(cf VR Act, s 16Q)
(1) A licensed repairer may issue, in a form approved by the Authority, a light vehicle certificate of compliance in relation to a light vehicle if:
(a) the 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 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 light 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 light 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 light vehicle that is the subject of a light vehicle certificate of compliance referred to in subsection (2) or (3):
(a) amend the NSW written-off light 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 light 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 light vehicle certificate of compliance or advertise that the person is willing to issue a light vehicle certificate of compliance.
Maximum penalty: 1,000 penalty units.
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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.
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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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