Motor Dealers Amendment Regulation 2008 (NSW)
2008 No 290
New South Wales
Motor Dealers Amendment Regulation
2008
under the
Motor Dealers Act 1974
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Motor Dealers Act 1974.
LINDA BURNEY, M.P., Minister for Fair Trading
Explanatory note
The object of this Regulation is to amend the Motor Dealers Regulation 2004:
| (a) | to omit certain references to demonstrator motor vehicles and disposal notices and to omit redundant forms as a consequence of the amendment of the Motor Dealers Act 1974 by the Motor Dealers Amendment Act 2007 (the amending Act removes the requirement that a trade owner provide a disposal notice when selling a second-hand or demonstrator motor vehicle to another trade owner and makes provision for demonstrator motor vehicles to be dealt with under the Motor Dealers Act 1974 as second-hand motor vehicles unless otherwise specified), and |
| (b) | to combine the current Form 8 (the prescribed form that must be attached to a second-hand motor vehicle offered or displayed for sale by a car dealer if the sale of the vehicle does not attract a statutory warranty) and Form 14 (the prescribed form that, if attached to certain motor vehicles offered for sale by a dealer, exempts the dealer from a statutory obligation to repair any defects that appear or occur in the vehicle) so that Form 8 will apply to all motor vehicles sold without a warranty (by allowing any inapplicable statement or part of the form to be struck out by the person completing the form), and |
| (c) | to combine the current Form 18 (the prescribed form for the register kept by the holder of a car market operator’s licence in relation to motor vehicles for which the holder of that licence guarantees the vendor’s title and also the prescribed form of notice to be attached by the car market operator to such a motor vehicle offered or displayed for sale) and Form 19 (the prescribed form for the register kept by the holder of a car market operator’s licence in relation to motor vehicles for which the holder of that licence does not guarantee the vendor’s title and also the prescribed form of notice to be attached by the car market operator to such a motor vehicle offered or displayed for |
| Published in Gazette No 87 of 11 July 2008, page 6888 | Page 1 |
| 2008 No 290 | |
| 2008 No 290 | |
| Motor Dealers Amendment Regulation 2008 Explanatory note |
sale) so that Form 18 will apply to motor vehicles regardless of whether title is guaranteed (by allowing the inapplicable statement relating to title to be struck out by the person completing the form), and
| (d) | to update the prescribed Form for the register kept by a dealer or wholesaler under section 21 (3) and (5) of the Motor Dealers Act 1974 so that it includes the odometer reading at the date of disposal of the motor vehicle, and |
| (e) | to improve the layout of several prescribed Forms and make minor law revision amendments. |
This Regulation is made under the Motor Dealers Act 1974, including sections 21 (8), 24,
28 (5), 29B and 57 (the general regulation-making power).
2008 No 290
| Motor Dealers Amendment Regulation 2008 | Clause 1 |
| Motor Dealers Amendment Regulation 2008 | |
| under the | |
| Motor Dealers Act 1974 |
1 Name of Regulation
This Regulation is the Motor Dealers Amendment Regulation 2008.
2 Commencement
This Regulation commences on 1 August 2008.
3 Amendment of Motor Dealers Regulation 2004
The Motor Dealers Regulation 2004 is amended as set out in
Schedule 1.
2008 No 290
Motor Dealers Amendment Regulation 2008
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 18 Prescribed form of register: section 21
Omit clause 18 (1) (e) and (f). Insert instead:
(e) Form 18, in the case of a register referred to in section 21 (8) of the Act that is kept by the holder of a car market operator’s licence in relation to motor vehicles offered or displayed for sale.
[2] Clause 31
Omit the clause. Insert instead:
31 Sale notice for demonstrator motor vehicle: section 24 (6)
(1) For the purposes of section 24 (6) of the Act:
(a) Form 4 is the prescribed form where a motor vehicle is to be sold with a statutory warranty but without a defect notice, and (b) Form 6 is the prescribed form where a motor vehicle is to be sold with a statutory warranty and with a defect notice, and (c) Form 8 is the prescribed form where the sale of a motor vehicle does not attract a statutory warranty. (2) For the purposes of section 24 (6) of the Act, the prescribed particulars are the particulars required to be inserted to complete the relevant form. (3) If particulars for a motor vehicle are not available until the vehicle is sold, those particulars must be inserted at the time of sale. (4) For the purposes of the definition of defect notice in section 4 (1) of the Act, Form 6 (to the extent to which it deals with warranty exclusions for specified defects) is the prescribed form for a defect notice given in relation to a demonstrator motor vehicle sold by a dealer.
[3] Clause 33 Disposal notice for second-hand motor vehicle sold to trade owner: section 25 (2)
Omit the clause.
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Motor Dealers Amendment Regulation 2008
| Amendments | Schedule 1 |
[4] Clause 35 Sale notice for exempted motor vehicle (other than motor cycle) sold without statutory warranty: section 28 (5)
Omit “Form 14”. Insert instead “Form 8”.
[5] Clause 39
Omit the clause. Insert instead:
39 Sale notice for defective second-hand motor cycle: section 29 (3) For the purposes of section 29 (3) of the Act, Form 5 is the prescribed form where a motor cycle is not more than 5 years old, has travelled no more than 30,000 kilometres and is offered or displayed for sale with a defect notice.
[6] Clause 40 Sale notice for motor vehicle sold at car market: section 29B
Omit clause 40 (1). Insert instead:
(1) For the purposes of section 29B of the Act, Form 18 is the prescribed form where a motor vehicle is offered or displayed for sale.
[7] Clause 49 Price-related advertising
Omit “or demonstrator” wherever occurring in clause 49 (b) and (c).
[8] Clause 50 Advertising of charges
Omit “or demonstrator” from clause 50 (1).
[9] Schedule 3 Forms
Omit Form 2. Insert instead:
Form 2 Dealers’ and wholesalers’ register
(Clause 18 (1) (b))
Motor Dealers Act 1974: section 21
NAME OF LICENSEE LICENCE No DETAILS OF ACQUISITION
Entry Date of How Make and Model Registration Engine VIN or Odometer No acquisition acquired body type designation No (if any) No chassis reading and date of No manufacture
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Motor Dealers Amendment Regulation 2008
| Schedule 1 | Amendments |
All columns to be completed
DETAILS OF
ACQUISITION DETAILS OF DISPOSAL continued
Name and Date of How Type & Cash Odometer Name and address of address of disposal disposed serial No of price at reading person to whom person from disposal which vehicle disposed (If whom vehicle form vehicle trade owner also acquired (If disposed insert motor dealer trade owner, licence No) also insert (If private purchaser licence No) at auction also insert
driver licence No)[10] Schedule 3, Forms 3, 4, 5, 6 and 13
Omit “Name (print) and Signature of Dealer, Agent or Employee Effecting
Sale” wherever occurring.Insert instead “Name (print) and Signature of Person Effecting Sale”.
[11] Schedule 3, Forms 3, 4, 5 and 6
Renumber Part 3 of each Form as Part 2. Renumber existing Part 2 as Part 3.
[12] Schedule 3, Form 3
Omit the following from Part 3 (as renumbered by item [11]):
Trade-in (if any) (Description) (Registration No) Trade-in Allowance
$[13] Schedule 3, Form 4
Omit “(Clause 28 (1) (a))” from the matter immediately under the heading.
Insert instead “(Clauses 28 (1) (a) and 31 (1) (a))”.[14] Schedule 3, Form 5
Omit “39 (a)” from the matter immediately under the heading.
Insert instead “39”.
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Motor Dealers Amendment Regulation 2008
| Amendments | Schedule 1 |
[15] Schedule 6, Form 6
Insert “, 31 (1) (b)” after “Clauses 28 (1) (b) and (4)” in the matter immediately under the heading.
[16] Schedule 3, Forms 7, 7A, 11, 11A, 14 and 19
Omit the forms.
[17] Schedule 3, Form 8
Omit the Form. Insert instead:
Form 8 Sale notice—no warranty No warranty under Motor Dealers Act 1974 applies to this vehicle.
(Clauses 28 (1) (c), 31 (1) (c) and 35)
Motor Dealers Act 1974: *section 24/section 28
____________________
Register Details
Book No _______________ Entry No _______________
Part 1 (To be completed when vehicle offered or displayed for sale)
Dealer Licence No Full Business Address
of Dealer Where Vehicle Sold
(No) (Street) (Suburb/Town/City)
Make of Vehicle Engine No Model Designation VIN or Chassis No Date of Manufacture
Distance Travelled km Body Type Registration No Cash Price $ Date of Expiry of Registration
Date of Notice
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Motor Dealers Amendment Regulation 2008
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Part 2 (To be completed when vehicle offered or displayed for sale)
Note. This Part is to be deleted if the form is attached to a vehicle pursuant to section 28 of the Act (for the purpose of exempting a dealer from the statutory obligation to repair defects appearing or occurring in the vehicle).
The information below has been checked with the Register of Encumbered Vehicles
(REVS).Note. REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS.
THE VEHICLE IS/IS NOT* LISTED ON REVS AS BEING, OR HAVING
BEEN, A WRITTEN OFF OR WRECKED MOTOR VEHICLE.
* NOTE: Delete whichever is inapplicable
Part 3 (To be completed at or before time of sale)
Cash Price at Which Vehicle Sold $
Odometer Reading at Time of Sale km Serial No of Inspection Report (RTA) Date of Issue of Report (where applicable) Purchaser’s Full Name Purchaser’s Address
Trade-in (if any) (Description) (Registration No) Trade-in
Allowance $Purchaser’s Signature Date of Sale Name (print) and Signature of Person Effecting Sale
Unless this vehicle is unregistered and the registration plates removed or is substantially demolished, the dealer must deliver to the purchaser an inspection report issued in accordance with the regulations under the Road Transport (Vehicle Registration) Act 1997, which has been issued not more than 90 days before the date of sale stating that the vehicle is roadworthy unless registration of the vehicle has been effected within one month before that date.
Part 4
THERE IS NO WARRANTY UNDER THE MOTOR DEALERS ACT 1974 IN
RESPECT OF THE SALE OF THIS VEHICLE. ACCORDINGLY THE
DEALER IS NOT REQUIRED BY THE ACT TO REPAIR OR MAKE GOOD
ANY DEFECT WHICH MAY EXIST OR OCCUR IN THIS VEHICLE.[18] Schedule 3, Form 13
Omit “and demonstrator” from the heading to the Form.
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[19] Schedule 3, Form 18
Omit the Form. Insert instead:
Form 18 Car market register and notice
(Clauses 18 (1) (e) and 40 (1))
Motor Dealers Act 1974: sections 21 and 29B
M
____________________
Date
____________________
TITLE GUARANTEED/TITLE NOT GUARANTEED*
THIS VEHICLE IS SOLD WITHOUT STATUTORY WARRANTY UNDER
THE MOTOR DEALERS ACT 1974.
THE CAR MARKET OPERATOR GUARANTEES THE VENDOR HAS
UNENCUMBERED TITLE TO THE VEHICLE./THE VENDOR’S TITLE
TO THE VEHICLE IS NOT GUARANTEED BY THE CAR MARKETOPERATOR.*
VEHICLE DETAILS Registered No Make Engine No Model
Odometer km Body Type Date of Manufacture Certificate of Date of Issue Inspection No
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REGISTERED OWNER
Name
Address
Expiry Date of Registration
Source of Information
Registration Papers YES/NO* Interim Receipt YES/NO* Other (specify)
DETAILS OF DRIVER (when vehicle enters market)
NameAddress
Licence No Expiry Date Driver’s Signature * NOTE: Delete whichever is inapplicable
BY AUTHORITY
0
0
0