Motor Vehicle Dealers (Sales) Amendment Regulations 1998 (WA)

26 June 19981	GOVERNMENT GAZETTE, WA	3375
FAIR TRADING
FT301*

MOTOR VEHICLE DEALERS ACT 1973

MOTOR VEHICLE DEALERS (SALES) AMENDMENT REGULATIONS 1998

Made by the Governor in Executive Council.

Citation
1. These regulations may be cited as the Motor Vehicle Dealers (Sales) Amendment

Regulations 1998.

Commencement

2.   These regulations come into operation on the day that is 6 months from the day of

their publication in the Government Gazette.

(b) on a sheet of paper approximately 240 mm by 190 mm.

Principal regulations
3. In these regulations the Motor Vehicle Dealers (Sales) Regulations 1974* are referred

to as the principal regulations.

[ * Reprinted as at 29 October 1982.

For amendments to 22 May 1998 see 1997 Index to Legislation of Western Australia,

Table 4, p. 1921

Regulation 5 repealed and a regulation substituted
4. Regulation 5 of the principal regulations is repealed and the following regulation is

substituted —

Notice of required particulars prescribed (section 33)

5. (1) For the purposes of section 33 (1) of the Act the form of the notice containing the required particulars shall also set out —

(a) the make and model of the vehicle; and

(b) whether the vehicle is of a type or class to which the obligations imposed by section 34 (1) of the Act apply.

(2) The notice of required particulars may be either —

(a) printed on a sheet of plastic approximately 220 mm by 100 mm (see example in the table to this regulation); or

3376 GOVERNMENT GAZETTE, WA 126 June 1998

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Regulation 7 repealed and a regulation substituted

5.   Regulation 7 of the principal regulations is repealed and the following regulation is

substituted -

Copies of notice at time of sale (section 33 (7))

7. (1) Where a dealer sells a vehicle to which the obligations imposed by section 34 (1) do apply, the notice required under section 33 (7) shall be -

(a)	in the form of Form 4. and if that vehicle is not a motor cycle, the reverse of the form is to contain the illustration entitled 'The Used Car Warranty';
(b)	in the form of Form 4, and if that vehicle is a motor cycle, the reverse of the form is to contain the illustration entitled 'The Used Bike Warranty'.

and, if completed using the appropriate details from the notice attached to the vehicle under section 33, the form 4 shall be regarded as a copy of the notice attached to the vehicle pursuant to section 33.

34 (1) do not apply, the notice required under section 33 (7) shall be in the form of (2) Where a dealer sells a vehicle to which the obligations imposed by section

Form 6. and, if completed using the appropriate details from the notice attached to the vehicle under section 33, the form 6 shall be regarded as a copy of the notice attached to the vehicle pursuant to section 33.

26 June 19981 GOVERNMENT GAZETTE, WA 3377

First Schedule amended

6. (1) The First Schedule to the principal regulations is amended by deleting Form 4,

and substituting the following form -

Form 4 WESTERN AUSTRALIA

Motor Vehicle Dealers Act 1973 (Section 33),

Motor Vehicle Dealers (Sales) Regulations. Reg 7

VEHICLE PARTICULARS

YEAR OF ODOMETER READING CASH PRICE OF

MANUFACTURE	VEHICLE
(Compliance Plate)	(at time vehicle acquired

from last owner)

$

Kilometres/Miles

MAKE AND MODEL	V.I.N./CHASSIS No.
ENGINE No.	LICENCE PLATE No.
LICENCE/REGISTRATION	YEAR OF FIRST REGISTRATION
EXPIRES ON
(If vehicle not licensed under Road Traffic Act. 1974.	insert Unlicensed)

DATE OF SALE ODOMETER READING AT TIME OF SALE kms/mlles

REGISTER REFERENCE / STOCK No	DEALER—NAME & ADDRESS
SIGNATURE OF DEALER, YARD MANAGER	SIGNATURE OF PURCHASER
OR SALESPERSON

STATUTORY WARRANTY

This vehicle is covered by the terms of a statutory warranty under the Motor Vehicle Dealers Act 1973. The length of time the vehicle is covered under warranty is determined by the amount of money you have paid for the vehicle. if you have paid—

• $2 000.01 to $3 999.99 (inclusive)—the warranty is for two (2) months or 3 000 km, whichever occurs first; or

• $4 000.00 or more—the warranty is for three (3) months or 5 000 km, whichever occurs first.

The warranty means that the selling dealer must repair or make good all defects which make or are likely to make the vehicle unroadworthy or unserviceable. The repair should make the vehicle roadworthy and in a reasonable condition having regard to its age.

MORE INFORMATION

If you have any questions or require further information about the statutory warranty contact the Ministry of Fair Trading's telephone advice service on [phone], or 1800199 117 for country callers. TTY [phone] (Hearing impaired). Internet:

ALWAYS CONTACT THE DEALER FIRST TO DISCUSS WARRANTY REPAIRS

Please see reverse for a "Quick Guide to Warranty Items" (reverse—for cars)

Check to see which detects are covered and which are excluded frow warranty THE USED CAR WARRANTY

• Ydst.ss'.WI, I'd 'OnnOInO b1

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V.	-' V.•

LEOENO	•nO..a, .O•...	nO VL
•	ItSMS
a It.ms c: coflWd by WaWIfiy
WARNING: It 1 nOt pOfiWIO IO II a. WInt CanOnS by wertunty fl IM OJOtTh!.Ofl

3378 GOVERNMENT GAZETTE, WA [26 June 1998

(reverse—for bikes)

THE USED BIKE WARRANTY	Check to see which items are covered (/) and which are not (X) by the warranty
WARNING: It is not possible to list all items correred by warranty in this illustration

U Odometer and

fuel guage

X Damaged or Icon U Damagco or tadoc

upholstery paint work U Ligiri globes U Sealed units

V El.tecal	V Radiator or cooling
faults	system leaks, hoses. core damage and blockages
X Suilace

rust

V Exhaust U Battery V Engine detects and

V Rear suspension system serious oil ioakgc

X Tyres, wheel	V Drive shak	V Serious structural	V Detects and oil	V Brakes, leaks and	V Broken o
balance	chain, belts	rust in frame	leeks in gear box	serious wear	loose spokes

(2) The First Schedule to the principal regulations is amended by deleting Form 5, and

substituting the following form—

Form 5 WESTERN AUSTRALIA

Motor Vehicle Dealers Act 1973 (5. 35)

Motor Vehicle Dealers (Sales) Regulations 1974 (reg. 6)

NOTICE OF DEFECTS EXCLUDED FROM WARRANTY

This vehicle is provided with a warranty under the Motor Vehicle Dealers Act 1973,

except for the defects stated below

Tiiis VEItICLE CONTAINS TIlE DEFECTS STATED BELOW. TIlE COST OF REPAIR, UP TO TIlE

ESTIMATES SHOWN, BECOME THE RESPONSIBILITY OF TIlE PURCHASER.

TIlE DEALER REMAINS LIABLE FOR THE REPAIR OF ANY DEFECTS NOT LISTED.

Dealer—name and address

Make & Model

V.I.N./chassis no

Licence plate no	Engine no
Date of sale
Odometer reading at time of sale	kilometres/miles

Details of defect	Estimated Cost of repair
$
$
$
$
$

Signature of dealer, yard manager Signature of purchaser

PLEASE SEE REVERSE FOR IMPORTANT INFORMATION

ABOUT THIS VEHICLE PURCHASE

26 June 19981 GOVERNMENT GAZETTE, WA 3379

(reverse)

ITEMS COVERED BY THE STATUTORY WARRANTY

This vehicle is covered by the terms of the statutory warranty under section 34 of the Motor Vehicle Dealers Act 1973. This means the dealer must repair or make good all defects which make or are likely to make the vehicle unroadworthy or unserviceable. For more information on warranty defects, refer to the vehicle diagram on the reverse side of the 'Vehicle Particulars' form 4.

ITEMS NOT COVERED BY THE STATUTORY WARRANTY the front of this form, provided—

• this form was filled out and displayed on the vehicle before you negotiated to purchase it;

• an accurate and detailed description of the defect, and an accurate estimate of the repair cost has been stated; and

• you are given a signed copy of this notice before, or at the time of, sale.

Remember, it will be your responsibility to repair the defects listed on

the front of this notice.

DESCRIPTION OF DEFECTS of the nature of the defect. For example, it would not be considered reasonable for a dealer to state "engine" as the defect and estimate $800 as the cost of repairs. What should be stated is the particular defect with the engine, such as excessive exhaust smoke—piston rings require replacement" together with the estimated cost of repairs.

UNDERESTIMATED REPAIR COSTS the defect is underestimated, then you may claim the difference between the fair cost of repair and the amount stated by the dealer on this form as the cost of repair.

MORE INFORMATION
If you have any questions or require further information about statutory warranties
or this notice, contact the Ministry of Fair Trading's telephone advice service on

9222 0666, or 1800 199 117 for country callers. TTY 9222 0742 (hearing impaired).

Internet wa.gov.au/gov/mft

(3) The First Schedule to the principal regulations is amended by deleting Form 6 and

substituting the following form—

Form 6 WESTERN AUSTRALIA

Motor Vehicle Dealers Act 1973 (Section 33, 34 (3)), Motor Vehicle Dealers (Sales) Regulations, Reg 7

VEHICLE PARTICULARS

THIS VEHICLE IS NOT PROVIDED WITH WARRANTY THE MOTOR VEHICLE DEALERS ACT 1973

UNDER

YEAR OF ODOMETER READING CASH PRICE OF

MANUFACTURE	VEHICLE
(Compliance Plate)	(at time vehicle acquired

from last owner)

$

Kilometres/Miles

MAKE AND MODEL	V.I.N./CHASSIS No.
ENGINE No.	LICENCE PLATE No.
LICENCE/REGISTRATION	YEAR OF FIRST REGISTRATION
EXPIRES ON

(If vehicle not licensed under Road Traffic Act. 1.974 insert Unlicensed)

DATE OF SALE ODOMETER READING AT TIME OF SALE kmslmiles

REGISTER REFERENCE / STOCK No	DEALER—NAME & ADDRESS
SIGNATURE OF DEALER, YARD MANAGER OR SALESPERSON	SIGNATURE OF PURCHASER

PLEASE SEE REVERSE FOR IMPORTANT INFORMATION

ABOUT THIS VEHICLE PURCHASE

ALWAYS CONTACT THE DEALER FIRST TO DISCUSS ANY PROBLEMS

3380 GOVERNMENT GAZETTE, WA 126 June 1998

(reverse)

STATUTORY WARRANTY
This vehicle is not covered by the terms of the statutory warranty under section 34 of the

Motor Vehicle Dealers Act 1973. This is because—

• the cash price paid for the vehicle is $2 000 or less; or

• the vehicle was sold at auction on behalf of a member of the public; or

• the vehicle is exempted from the statutory warranty under the Motor Vehicle Dealers Act 1973.

Exempted vehicles include—

• Four wheel drive vehicles which are designed for use 'off-road'.

• Reconstructed vehicles commonly called 'Beach Buggies'.

• Caravans.

• A passenger car originally constructed as a 'left hand drive' vehicle, whether or not that vehicle has since been converted to 'right hand drive' and licensed in this State.

• Motor cycles that are designed for competitive sport (unlicensed).

• Commercial vehicles, such as a utility that is not designed as a passenger vehicle. However, a utility derived from a passenger car design must generally be provided with a statutory warranty.

WARRANTIES IMPLIED UNDER FAIR TRADING AND TRADE PRACTICES LAWS The Fair Trading Act 1987 and Trade Practices Act 1974 (C'th) require the dealer selling this vehicle to ensure that the vehicle matches any description given and that it is of 'merchantable quality'. This means that it must be fit for the purpose for which a vehicle of' that nature is normally used. The amount of money you have paid for the vehicle is taken into account when determining merchantable quality.

For example, even though a vehicle is not covered by the statutory warranty under the Motor Vehicle Dealers Act 1973, you are entitled to expect the dealer to repair any major defects that were present at the time of sale which prevent the vehicle from being used in the normal way. This also applies to anything that makes it unsafe to drive (eg. faulty brakes, faulty steering or major structural rust).

The requirement of merchantable quality does not, apply—

• to defects specifically drawn to your attention before the contract of sale is made; or

• if you examine the vehicle for defects before the contract is made, to defects that examination should have revealed.

VEHICLES BOUGHT AT AUCTION on behalf of a member of the public.

MORE INFORMATION
If you have any questions or require further information about statutory warranties or this
notice, contact the Ministry of Fair Trading's telephone advice service on 9222 0666, or

1800 199 117 for country callers. TTY 9222 0742 (hearing impaired).

Internet

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.