Division 3Subdivision 1 When vehicles may be inspected
(1) The Authority or a police officer may require a person to present a registrable vehicle for inspection by the Authority or an authorised examiner at a time and place specified in a notice in writing served on the person if:(a) the person has control over the vehicle, or(b) the vehicle is registered and the person is a registered operator of the vehicle.(2) A person on whom a notice under subclause (1) has been served may, not later than 24 hours before the time specified in the notice, request the Authority or police officer to change the time or place of inspection.(3) The Authority or police officer must consider any request made under subclause (2) and must, if it is reasonable to do so, notify the person of any change in the time or place of inspection.(4) A person must comply with:(a) any notice served on the person under subclause (1), or(b) any notification given to the person under subclause (3).Maximum penalty: 20 penalty units.
(5) The Authority may require the registered operator of a registrable vehicle that is inspected pursuant to this clause to pay the applicable fee for the inspection.(6) Subclause (5) does not apply to any of the following vehicles if the inspection is carried out solely for the purpose of determining whether the vehicle’s exhaust emission levels comply with this Regulation:(a) a motor lorry with a GVM of 4.5 tonnes or more,(b) an articulated motor lorry,(c) a prime mover,(d) a tow truck,(e) a trailer,(f) a bus or other vehicle equipped to seat more than 8 adult persons,(g) a taxi-cab.
(1) Unless otherwise determined by the Authority, a registrable vehicle must be inspected by the Authority or by an authorised examiner:(a) except as provided by paragraph (b), at least once every year, or(b) in the case of a public passenger vehicle, at least twice every year.(2) In the case of a vehicle to be inspected by the Authority:(a) the fees to accompany an application for the registration or renewal of registration of the vehicle must include:(i) except as provided by subparagraph (ii), the applicable fee for one inspection of the vehicle, or(ii) in the case of a public passenger vehicle, the applicable fees for 2 inspections of the vehicle, and(b) the date, time and place for an inspection of the vehicle is to be as agreed between the Authority and the registered operator of the vehicle, and(c) unless otherwise determined by the Authority, if the vehicle is not presented for an inspection in accordance with such an agreement:(i) the inspection fee for that inspection is forfeited to the Authority, and(ii) if the vehicle is subsequently presented for inspection, a further inspection fee must be paid to the Authority before the vehicle is inspected.(3) An agreement referred to in subclause (2) (b) may be varied at the request of the registered operator of the vehicle so long as the request is made not later than 24 hours before the time currently agreed.
Subdivision 2 Authorised examiners and inspection stations
(1) The Authority may authorise in writing any person who, in its opinion, is suitably qualified and of suitable character:(a) to conduct inspections and tests of registrable vehicles at authorised inspection stations for the purposes of determining whether or not the vehicles are suitable for safe use or comply with the requirements of the Act and this Regulation, and(b) to issue inspection reports relating to those inspections.(2) However, the Authority must not issue an examiner’s authority to any person unless the person has undertaken, and has passed, a course of instruction for examiners that is approved by the Authority and conducted by an organisation approved by the Authority.(2A) Without limiting subclause (1), an examiner’s authority may be issued to authorise the holder of the authority to conduct inspections and tests referred to in subclause (1) at any place (other than on a road), but only in relation to such classes of heavy vehicles as are specified in the authority.(3) An examiner’s authority may be subjected at any time to such conditions as the Authority may consider appropriate in relation to the person or class of persons concerned.(4) An examiner’s authority:(a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and(b) remains in force until it is surrendered, suspended or cancelled, and(c) is to be issued in the manner and in the form approved by the Authority, and(d) is subject to any condition imposed under this Subdivision.(5) An examiner’s authority, or a duplicate of such an authority, must not be issued unless:(a) the applicant for the authority or duplicate has paid to the Authority the applicable fee for the issue of the authority, or(b) the Authority has exempted the applicant from payment of that fee.(6) The charge that may be made for the issue of an inspection report referred to in subclause (1) must not be more than the maximum charge for the time being specified by the Authority.(7) A person must not:(a) conduct an inspection or test of a registrable vehicle for the purpose of determining whether or not the vehicle is suitable for safe use or complies with the Act or this Regulation unless the person is the holder of an examiner’s authority, or(b) issue an inspection report relating to such an inspection unless the person is the holder of an examiner’s authority.Maximum penalty: 20 penalty units.
(8) The holder of an examiner’s authority must not breach a condition of the authority.Maximum penalty: 20 penalty units.
(9) A person must not issue an inspection report if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.Maximum penalty: 20 penalty units.
(10) The Authority may exempt any person or class of persons from the requirement under subclause (2) to have undertaken, or to have passed, a course of instruction for examiners.
(1) A person may be authorised in writing to use premises for the purpose of conducting inspections and tests of registrable vehicles by authorised examiners if the Authority is satisfied that:(a) the premises and the equipment on the premises are suitable for that use, and(b) the person is competent to carry out the responsibilities associated with using the premises for that purpose, and(c) the person, and each person specified in the application for the proprietor’s authority as being a person who will be involved in the use of the premises for that purpose, are of suitable character.(2) However, the Authority must not issue a proprietor’s authority to any person unless the person has undertaken, and has passed, a course of instruction for proprietors that is approved by the Authority and conducted by an organisation approved by the Authority.(3) A proprietor’s authority may be subjected at any time to such conditions as the Authority may consider appropriate in relation to the person or class of persons concerned.(4) A person must not use premises for the purposes of conducting an inspection or test referred to in subclause (1) unless the person is the holder of a proprietor’s authority in force in respect of the premises.Maximum penalty: 20 penalty units.
(4A) A person is not guilty of an offence under subclause (4) if the premises being used for the purposes of conducting an inspection or test are used in accordance with an authority issued under clause 58 (2A).(5) A person who uses premises for the purposes of conducting an inspection or test referred to in subclause (1) must not permit an inspection report to be issued from those premises in relation to any such inspection or test if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.Maximum penalty: 20 penalty units.
(6) For the purposes of this Regulation, a licence in force under the Motor Vehicle Repairs Act 1980 is taken to be a proprietor’s authority issued in accordance with this clause.(7) A proprietor’s authority:(a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and(b) except in the case of a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980:(i) remains in force until it is surrendered, suspended or cancelled by the Authority, and(ii) is to be granted, issued or refused (as the case requires) by the Authority, and if granted or issued, to be in the manner and form approved by the Authority, and(c) is subject to any condition imposed under this Subdivision.(8) A proprietor’s authority (other than a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980), or a duplicate of such an authority, must not be issued unless:(a) the applicant for the authority or duplicate has paid to the Authority the applicable fee for the issue of the authority, or(b) the Authority has exempted the applicant from payment of that fee.(9) The Authority may exempt any person or class of persons from the requirement under subclause (2) to have undertaken, or to have passed, a course of instruction for proprietors.
60 Authority may issue rules for the purposes of this Subdivision
(1) The Authority may issue rules, not inconsistent with the Act or this Regulation, relating to all or any of the following:(a) the inspection and testing of registrable vehicles to determine whether they are suitable for safe use or comply with the Act or this Regulation,(b) the issue of inspection reports,(c) the use of authorised inspection stations or other places for the purposes of conducting inspections or tests of registrable vehicles,(d) the furnishing of information as to persons involved in:(i) the conduct of inspections and tests of registrable vehicles at authorised inspection stations or other places, or(ii) the use of authorised inspection stations or other places for the purposes of conducting such inspections and tests.(2) The Authority may, from time to time, alter any rules so issued.(3) It is a condition of an examiner’s authority or proprietor’s authority that the holder of the authority comply with any rule in force under this clause that is issued to the person.(4) If:(a) a person, not being an authorised examiner or an authorised proprietor, requests a copy of any such rules, or(b) an authorised examiner, or an authorised proprietor, to whom a copy of those rules has been issued requests a further copy,the Authority must issue such a copy or further copy on payment of the applicable fee. However, the Authority may issue a copy without fee in a particular case.
61 Books of inspection reports
On payment of the applicable fee, the Authority may issue a book of inspection reports to the holder of a proprietor’s authority.
62 Suspension or cancellation of examiner’s authorities and proprietor’s authorities
(1) The Authority may suspend or cancel an examiner’s authority or a proprietor’s authority (other than a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980) if:(a) the holder has failed to comply with a condition to which the authority is subject, or(b) the Authority is, for any reason, of the opinion that the holder is not a fit and proper person to continue to hold the authority.(2) Without limiting subclause (1) (b):(a) the Authority may form the opinion that the holder of an examiner’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the conduct of inspections and tests of registrable vehicles pursuant to the authority is not of suitable character, and(b) the Authority may form the opinion that the holder of a proprietor’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the use of an authorised inspection station pursuant to the authority is not of suitable character.(3) The Authority cannot suspend or cancel an examiner’s authority or a proprietor’s authority unless:(a) the Authority by notice in writing requests the person concerned to show cause why the authority should not be suspended or cancelled on the grounds specified in the notice, and(b) that person replies to the notice or fails to reply within 21 days from the date the notice was issued.(4) Subclause (3) does not apply to the suspension of an examiner’s authority or a proprietor’s authority if the Authority has reason to suspect that the holder of the authority wilfully failed to comply with any rule in force under this Subdivision and is likely to commit further breaches of those rules.
(1) The Authority is to appoint a committee of review to which the Authority may refer for consideration and report to the Authority any case where consideration is being given to the refusal, suspension or cancellation of an examiner’s authority or a proprietor’s authority.(2) The committee of review is to include:(a) a representative of the Authority, who is to be the chairperson of the committee, and(b) representatives of such organisations associated with trading in or servicing of registrable vehicles as the Authority considers appropriate.(3) The committee of review may determine its own procedure for dealing with cases referred to it by the Authority for consideration and report.(4) The committee of review must take into consideration any reply to a notice referred to in clause 62 (3) that is received by the Authority before the Authority refers the matter to which the notice relates to the committee.(5) The committee of review is to report to the Authority on any matter referred to it for consideration and must state in the report any recommendation that it wishes to make.(6) If members of the committee of review do not agree on the nature of a recommendation to be so stated, the committee must record the disagreement in its report and may state in the report more than one recommendation.(7) In determining whether to suspend or cancel an examiner’s authority or a proprietor’s authority under this Subdivision, the Authority is to have regard to the report of the committee of review but is not bound to follow any recommendation contained in the report.
64 Notification of decisions by Authority
(1) If an application for the issue of an examiner’s authority or a proprietor’s authority is refused, or if an examiner’s authority or proprietor’s authority is suspended or cancelled by the Authority, the Authority must notify the applicant or holder of the authority in writing of the refusal, suspension or cancellation and of the grounds for it.(2) The decision of the Authority to suspend or cancel an authority has effect:(a) on and from the date that is 21 days after the date on which the holder of the authority is notified, or(b) if the holder appeals to a court or applies to a tribunal for a review under regulations made under the Road Transport (General) Act 2005 against the decision:(i) only if the court or tribunal confirms the decision or the appeal or application is withdrawn, and(ii) subject to any variation of the decision made by that court or tribunal, and(iii) on the date on which that court or tribunal confirms the decision, or on such later date (if any) as that court or tribunal orders, or, if the appeal or application is withdrawn, on the date on which it is withdrawn.Note. Clause 13 of the Road Transport (General) Regulation 2005 provides for appeals to the Local Court in relation to a decision of the Authority to refuse to issue an examiner’s authority or a proprietor’s authority or to suspend or cancel such an authority.(3) Despite subclause (2), if the Authority has reason to suspect that the holder of an authority has wilfully failed to comply with any rule in force under this Subdivision and is likely to commit further breaches of those rules, the decision of the Authority to suspend or cancel the authority may be expressed, in the instrument by which the holder is notified of the decision, to be effective on and from the date on which the holder is notified, and the decision has effect accordingly.(4) The date on which a holder is notified under this clause is:(a) if the notice is sent by mail—the date when the notice would be delivered in the ordinary course of post, or(b) if the notice is delivered to the holder personally—the date when it is so delivered.(5) If the decision of the Authority to suspend or cancel an authority has effect, the holder must immediately deliver to the Authority any forms issued by the Authority in connection with the authority together with the authority itself.