What is the offence?
A person must not drive a vehicle that is defective. A vehicle can be considered legally defective for a number of reasons, such as if part of the vehicle has deteriorated to an extent that it can not be reasonably relied on to perform its intended function.
If an authorised officer reasonably believes that a vehicle is defective, they can issue the owner or driver with a defect notice which requires the owner or driver to take reasonable action to ensure that the vehicle is not defective.
Unless otherwise excused, it is an offence to not comply with a requirement of a defect notice.
What is the penalty?
The penalty for failing to comply with a defect notice is a fine of up to $3,000.
Frequently Asked Questions
Q: My vehicle’s registration has cancelled. Do I still need to comply with the defect notice?
A: If the registration has cancelled and you give the officer written notice about the cancellation within 7 days, then you do not need to comply with the defect notice.
Q: I have sold my vehicle to a motor dealer. Do I still need to comply with the defect notice?
A: No, provided that you give written notice with the name and address of the motor dealer to the officer within 7 days of the sale taking place.
Please contact us if you have been charged with failing to comply with a defect notice.