Motor Vehicle Dealers (Sales) Amendment Regulations 2006 (WA)
4750 GOVERNMENT GAZETTE, WA 17 November 2006 CE302*
Motor Vehicle Dealers Act 1973
Motor Vehicle Dealers (Sales) Amendment
Regulations 2006
Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.1. Citation
These regulations are the Motor Vehicle Dealers (Sales)
Amendment Regulations 2006.2. Commencement
These regulations come into operation on 1 January 2007.
3. The regulations amended
The amendments in these regulations are to the Motor Vehicle
Dealers (Sales) Regulations 1974*[* Reprinted as at 2 July 1999. For amendments to 3 August 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 268-9.] 4. Regulation 2 amended
Regulation 2 is amended in the definition of "Form" by deleting
"First Schedule" and inserting instead -" Schedule 1 ".
regulation 4A.
5. Regulations 3 and 4 replaced
Regulations 3 and 4 are repealed and the following regulations are inserted instead -
3. Form of register of transactions
For the purposes of section 25 the register of prescribed transactions -
(a) is to be in the form of Form 1: and (b) may be kept - (i) in writing in accordance with regulation 4; or
(ii) in an electronic form in accordance with
17 November 2006 GOVERNMENT GAZETTE, WA 4751 4. Registers kept in writing
(1) A register that is kept in writing is to be kept in a series
of books each of which -
(a)
consist of pages permanently bound together; and
(b)
bear on the front cover a number corresponding to the book's number in the series; and
(c)
are used for the purposes of the register and for no other purpose.
(2) Each page in a book of the register is to consist of
white paper of a size not less than 297 mm by 210 mm.
(3) Each record (which consists of one or more entries) in
respect of a vehicle is to be consecutively numbered
(the Register No. in Form 1).
(4) Each person who makes an entry in the register
(including an amendment or deletion of a previous
entry) must record his or her name and the date of theentry in the Remarks column (see Form 1).
(5) The register is to be clearly legible. (6) Any amendment or deletion to the register is to be
made so as to leave the amended or deleted particulars
decipherable.
4A. Registers kept in electronic form (1) A register that is kept in electronic form is to be kept
by means of software that ensures that -
(a) the information in the register -(i) is capable of being displayed and printed at any time at each place of business to which the dealer's licence relates; and
(ii) when displayed or printed, is displayed
or printed in the form of Form 1; and (iii) includes the date on which each entry in the register was made and who made it; and
(iv) is backed up to an electronic storage facility kept at separate premises on a weekly basis;
and
(b) if any information in the register is amended or
deleted, a record is kept -
(i) of the information in the form in which it was before it was amended or deleted; and
(ii) of the date on which the information was amended or deleted and who amended it.
4752 GOVERNMENT GAZETTE, WA 17 November 2006 (2) Each record (which consists of one or more entries) in
respect of a vehicle is to be consecutively numbered
(the Register No. in Form 1).
6. Regulation 6 amended
Regulation 6(2)(a) is amended by deleting "orange".
7. Regulation 7 amended
(1) Regulation 7(1) is amended as follows:
(a)
by deleting "34(1)" and inserting instead - " 34 ";
(b)
by deleting "the notice" in the first place where it occurs and inserting instead -
the copy of the notice
(c) by deleting "and, if" and inserting instead - " and "; (d) of the notice attached to the vehicle pursuant to
by deleting "33, the Form 4 shall be regarded as a copy " 33(1) ".
(2) Regulation 7(2) is amended as follows:
(a)
by deleting "34(1)" and inserting instead - " 34 ";
(b)
by deleting "the notice" in the first place where it occurs and inserting instead -
the copy of the notice
(c) by deleting "and, if" and inserting instead - " and "; (d) by deleting "33, the Form 6 shall be regarded as a copy
of the notice attached to the vehicle pursuant to section 33" and inserting instead -
" 33(1) ".8. Regulations 8, 9 and 10 repealed
Regulations 8, 9 and 10 are repealed.
9. Regulation 12 amended
Regulation 12 is amended by deleting "the Second Schedule- and inserting instead -
Schedule 2 ".
10. Regulation 13 amended
Regulation 13 is amended by deleting "the Third Schedule" and inserting instead -
" Schedule 3 ".
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4754 GOVERNMENT GAZETTE, WA 17 November 2006
Form 4 - Vehicle particulars and warranty
[r. 7]
WESTERN AUSTRALIA
Motor Vehicle Dealers Act 1973 section 33
Motor Vehicle Dealers (Sales) Regulations 1974 regulation 7
VEHICLE PARTICULARS AND WARRANTY
YEAR OF ODOMETER READING CASH PRICE (INC. GST)
MANUFACTURE (at time vehicle acquired
(Compliance Plate) from last owner) $ Kilometres/Miles Make........................................................Model .........................................................
V.I.N./Chassis No . ........................................... Engine No
Licence Plate No..............................................
Year of first registration ......................Registration expires on ......................................
(If vehicle not licensed under Road Traffic Act 1974, insert "Unlicensed")
Date of sale ..........................Odometer reading at time of sale ........................kms/miles
Register reference/Stock No.............Dealer - Name and address ..............................................................................................
Signature of dealer, yard manager Signature of purchaser or salesperson
STATUTORY WARRANTY
A motor vehicle is covered by the terms of a statutory warranty under the
Motor Vehicle Dealers Act 1973 if the cash price (inc. GST) paid is $4 000 or more
and the vehicle is not more than 12 years old and has travelled not more than
180 000 km. The length of time the vehicle is covered under warranty is determined
by the age of the vehicle and kilometres it has travelled at the time of sale. Where avehicle is -
• not more than 10 years old and has travelled not more than 150 000 km at the time of sale - warranty is for 3 months or 5 000 km, whichever happens first; or • between 10 and 12 years old or has travelled between 150 000 and
180 000 km at the time of sale - warranty is for 1 month or 1 500 km, whichever happens first.
A motorcycle is covered by the terms of a statutory warranty if the cash price (inc. GST) paid is $3 500 or more and the motorcycle is not more than 8 years old and has travelled not more than 80 000 km. The warranty is for 3 months or 5 000 km,
whichever happens 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 Consumer Protection Call Centre on 1300 304 054 (Mon to Fri). TTY (08)9282 0800 (hearing impaired).
Internet: wa.gov.au
ALWAYS CONTACT THE DEALER FIRST TO DISCUSS
WARRANTY REPAIRS
Please see reverse for a "Quick Guide to Warranty Items"
17 November 2006 GOVERNMENT GAZETTE, WA 4755 (reverse —for cars)
Check to see which defects are covered and which are excluded from warranty THE USED CAR WARRANTY (reverse—for bikes)
Check to see which items are covered I
which are not je warranty
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Form 5 - Notice of defects excluded from warranty
[r. 6]
WESTERN AUSTRALIA
Motor Vehicle Dealers Act 1973 section 35
Motor Vehicle Dealers (Sales) Regulations 1974 regulation 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
THIS VEHICLE CONTAINS THE DEFECTS STATED BELOW. THE COST OF
REPAIR, UP TO THE ESTIMATES SHOWN, BECOME THE RESPONSIBILITY OF
THE PURCHASER.
THE DEALER REMAINS LIABLE FOR THE REPAIR OF ANY DEFECTS NOT
LISTED.
4756 GOVERNMENT GAZETTE, WA 17 November 2006 Dealer - name and address ...........................................................................................
Make...................................................................................................................................
Model.................................................................................................................................
V.I.N./Chassis No............................................................................................................
Licence Plate No . ...................................................... Engine No.................................
Dateof sale ........................................................................................................................
odometer reacting at time or sate Kilometres/mites Details of defect Estimated cost of
repair (inc. GST) $ ...............................
$ ...............................
$ ...............................
$ ...............................
$ ...............................UNDERESTIMATED REPAIR COSTS If the amount estimated by the dealer as the fair cost of repairing or making good 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.
Signature of dealer, yard manager Signature of purchaser or salesperson
PLEASE SEE REVERSE FOR IMPORTANT INFORMATION ABOUT
THIS VEHICLE PURCHASE
(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 and Warranty" Form 4.
ITEMS NOT COVERED BY THE STATUTORY WARRANTY The defects which are not required to be repaired by the dealer are those stated on the front of this form, provided -
• this form was filled Out and displayed on the vehicle before you negotiated to purchase it; and • 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
The "Details of Defect" should set out (with reasonable particularity) a description 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.
17 November 2006 GOVERNMENT GAZETTE, WA 4757 054 (Mon to Fri). TTY (08) 9282 0800 (hearing impaired).
MORE INFORMATION warranties or this notice, contact the Consumer Protection Call Centre on 1300 304
Internet: wa.gov.au
Form 6 - Vehicle particulars - no warranty
[r. 7]
WESTERN AUSTRALIA
Motor Vehicle Dealers Act 1973 section 33
Motor Vehicle Dealers (Sales) Regulations 1974 regulation 7
VEHICLE PARTICULARS - NO WARRANTY
YEAR OF ODOMETER READING CASH PRICE (INC. GST)
MANUFACTURE (at time vehicle acquired
(Compliance Plate) from last owner) $ ........................... Kilometres/Miles
Make.........................................................Model ............................................................
V.I.N./Chassis No . ...................................... Engine No...................................................
Licence Plate No...............................................
Year of first registration ......................Registration expires on .......................................
(If vehicle not licensed under Road Traffic Act 1974, insert "Unlicensed")
Date of sale .........................Odometer reading at time of sale ........................kms/miles
Register reference/Stock No.............Dealer - Name and address ..............................................................................................
Signature of dealer, yard manager Signature of Purchaser or salesperson
PLEASE SEE REVERSE FOR IMPORTANT INFORMATION
ABOUT THIS VEHICLE PURCHASE
ALWAYS CONTACT THE DEALER FIRST TO DISCUSS ANY PROBLEMS
(reverse) STATUTORY WARRANTY
This vehicle is not covered by the terms of the statutory warranty under Part III
Division 4 of the Motor Vehicle Dealers Act 1973. This is because -
• the cash price (inc. GST) paid in the case of a motor cycle is less than $3 500 or in the case of any other vehicle is less than $4 000; or • in the case of a motor cycle it is more than 8 years old or has been driven more than 80000 km or in the case of any other vehicle it is more than 12 years old or has been driven more than 180 000 km; or • the vehicle was sold at auction on behalf of a member of the public; or • the vehicle is excluded from the statutory warranty under the Motor Vehicle Dealers Act 1973.
The following vehicles are excluded -
1. A caravan built to be towed by a motor vehicle.
2. A motor cycle -
(a) built for off-road use; and (b) not built to carry any passengers.
4758 GOVERNMENT GAZETTE, WA 17 November 2006 A motor vehicle -
(a) built to be used primarily to carry goods or materials used in any trade, business or industry; and (b) having only one row of seats. 4. A motor vehicle—
(a) built to be used primarily to carry people; and (b) that seats more than 9 adults (including the driver). A multi-wheeled open motor vehicle the driver of which sits astride the vehicle or part of the vehicle in a manner similar to that customary for the driver of a motor cycle.
WARRANTIES IMPLIED UNDER FAIR TRADING AND TRADE PRACTICES
LAWS
The Fair Trading Act 1987 and Trade Practices Act 1974 (Cwlth) 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 the vehicle 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
Vehicles purchased at auction do not carry a "statutory warranty" if they are being auctioned 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 Consumer Protection Call Centre on 1300 304 054 (Mon to Fri).TTY (08) 9282 0800 (hearing impaired).
Internet: s'ivw.docep. wa.gov.au
14. Second Schedule amended
The Second Schedule is amended by deleting the headings "Second Schedule", "(Section 41 Regulation 12)" and
"Undesirable practices" and inserting instead -
Schedule 2 - Undesirable practices
15. Third Schedule amended
The Third Schedule is amended by deleting the headings Third Schedule", "(Regulation 13)" and "Prescribed accessories" and inserting instead -
Schedule 3 - Prescribed accessories
17 GOVERNMENT GAZETTE, WA
November 2006 4759 16. Fourth Schedule amended
The Fourth Schedule is amended by deleting the heading
"Fourth Schedule" and inserting instead —Schedule 4 — Vehicle consignment contract
17. Fifth Schedule amended
The Fifth Schedule is amended by deleting the heading "Fifth
Schedule" and inserting instead —44
Schedule 5 — Vehicle sale contract
By Command of the Lieutenant-Governor and deputy of the Governor,
G. M. PIKE, Clerk of the Executive Council.
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