Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006B01430 Not in force Legislative Instrument

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Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002

I, RON BOSWELL, Parliamentary Secretary to the Minister for Transport and Regional Services, make this Determination under section 9 of the Motor Vehicle Standards Act 1989.

Dated 31 January 2002

RON BOSWELL

Parliamentary Secretary to the Minister for Transport and Regional Services

Contents

Page

 1 Name of Determination 

 2 Commencement 

 3 Definitions 

 4 Purpose 

 5 Test requirements 

 6 Initial inspection 

 7 Final inspection 

 8 Records 

 

 

 

 

1 Name of Determination

  This Determination is the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002.

2 Commencement

  This Determination commences on commencement of the Motor Vehicle Standards Amendment Act 2001.

3 Definitions

 (1) In this Determination:

Act means the Motor Vehicle Standards Act 1989.

 (2) Unless the contrary intention appears, a word or expression that is used in this Determination and in the Motor Vehicle Standards Regulations 1989 has the same meaning in this Determination as it has in those Regulations.

Note 1   The following terms are defined in the Act:

 registered automotive workshop

 used import plate

 used imported vehicle.

Note 2   The following terms are defined in the Motor Vehicle Standards Regulations 1989:

 RVCS

 vehicle inspection certificate.

4 Purpose

  This Determination sets out procedures that must be followed by registered automotive workshops when testing and inspecting used imported vehicles for compliance with the guidelines set out in the Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2002 (the guidelines).

5 Test requirements

 (1) Testing for sample vehicles as required by the guidelines must be conducted:

 (a) by:

 (i) a registered automotive workshop that is registered as a test facility in the RVCS; or

 (ii) a test facility that is registered as such in the RVCS; and

 (b) in the test facility.

 (2) Original test reports, or copies of original test reports certified as true copies by the test facility that conducted the test, must be held by the registered automotive workshop.

Note   Under the Motor Vehicle Standards Regulations 1989 a registered automotive workshop must retain all information relating to testing and inspecting of a vehicle on which the workshop has placed a used import plate for at least 10 years.

 (3) A test report must set out:

 (a) the specifications of the vehicle components or vehicle tested; and

 (b) the test results (taking into account the uncertainties of measurement of the instruments used).

6 Initial inspection

 (1) A vehicle inspection signatory must conduct an initial inspection of each used imported vehicle.

 (2) When conducting an initial inspection, the vehicle inspection signatory must:

 (a) inspect the vehicle for any crash damage, damage repair or corrosion that may affect its structural integrity; and

 (b) note any damage, repair or corrosion in an inspection report.

 (3) The vehicle inspection signatory must have regard to the following minimum criteria in determining if crash damage or corrosion is likely to affect the structural integrity of a vehicle:

 (a) underbody damage evidenced by crushed floor-pan stiffening members, split seam welds or torn metal;

 (b) damage to rocker panels (or outer sill) evidenced by dents with a depth of more than 25 mm, creasing, or distortion of the sill weld;

 (c) distortion to longitudinal rails affecting the front and rear crush zones;

 (d) collision damage to steering or suspension components;

 (e) damage to the vehicle’s outer body panels, which affects the integrity of any seams or joints;

 (f) corrosion evidenced by perforation, flaking or pitting of the metal;

 (g) cracks, repairs, modifications, rust, deterioration or distortion of any structural component of the vehicle.

 (4) A registered automotive workshop must keep copies of inspection reports, and make such reports available to the Minister on request.

7 Final inspection

 (1) The vehicle inspection signatory must perform a final inspection after completing any modification work on a used imported vehicle.

 (2) When carrying out the final inspection, the vehicle inspection signatory must complete a vehicle inspection checklist.

 (3) On completion of the final inspection, the vehicle inspection signatory must sign the completed vehicle inspection certificate to indicate:

 (a) that all modifications required by the guidelines have been made; and

 (b) that the vehicle complies with all relevant requirements in the guidelines.

8 Records

 (1) A registered automotive workshop must retain the following records in respect of every vehicle imported and every vehicle fitted with a used import plate:

 (a) a copy of inspection reports made after initial inspection, as required by section 6;

 (b) the vehicle inspection certificate signed by a vehicle inspection signatory of the workshop;

 (c) the vehicle inspection checklist;

 (d) work procedures for all work carried out on each vehicle, including inspection, replacement, repair and installation;

 (e) documents used to identify and confirm parts and services purchased for a vehicle before it is fitted with a used import plate;

 (f) documents used to record work done on the vehicle;

 (g) documents authorising and setting out the reasons for any work not carried out in accordance with the vehicle inspection checklist.

 (2) Where specific testing is conducted by a registered automotive workshop, original, or copies of, test reports authorised by the test facility must be retained by the workshop, and must:

 (a) clearly relate to a vehicle prepared in accordance with the procedures of the workshop; and

 (b) identify the specifications of the vehicle or items tested, such as the part number, approval mark, or trade mark; and

 (c) identify the test equipment, their calibration status and testing procedure used; and

 (d) identify the results, and any measurement uncertainties relating to the instruments used; and

 (e) identify the person signing the test report as a confirmation of its authenticity.

 

Overview

The Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 was enacted to provide a framework for ensuring that used imported vehicles meet Australian safety and emissions standards. This legislative instrument was made by RON BOSWELL, Parliamentary Secretary to the Minister for Transport and Regional Services, under section 9 of the Motor Vehicle Standards Act 1989. The primary objective of this Determination is to establish the procedures that registered automotive workshops must follow when inspecting and testing used imported vehicles. It ensures that these vehicles comply with the guidelines outlined in the Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2002. The Determination includes requirements for both initial and final inspections, testing, and the retention of various records by the workshops to ensure accountability and adherence to the standards.

Scope and Application

The Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 applies to registered automotive workshops that are engaged in the inspection and testing of used imported vehicles. These workshops are required to adhere to specific procedures when conducting initial and final inspections, as well as when generating and retaining test reports and other relevant records. The Determination ensures that these workshops comply with the guidelines set out in the Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2002. The scope of the Determination extends to all used imported vehicles that are subject to inspection and testing by registered automotive workshops. The Determination is applicable nationally, as it is a legislative instrument made under the Motor Vehicle Standards Act 1989, which is a Commonwealth Act. There are no stated exclusions or exemptions within the Determination itself, though the applicability of the Motor Vehicle Standards Act 1989 and its Regulations may provide some exclusions or exemptions in certain circumstances. The application of the Determination may be extended or restricted through subordinate instruments, such as the Motor Vehicle Standards Regulations 1989.

Key Provisions

The Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 outlines the procedures that registered automotive workshops must follow when inspecting and testing used imported vehicles. This includes the requirement for testing to be conducted by a registered automotive workshop that is registered as a test facility in the RVCS or a test facility registered in the RVCS, and the retention of original test reports or certified copies by the workshop (sections 5 and 8). Initial inspections must be conducted by a vehicle inspection signatory who inspects the vehicle for any damage or corrosion that could affect its structural integrity, noting any findings in an inspection report (section 6). Final inspections must be performed after any modification work, with the vehicle inspection signatory completing a vehicle inspection checklist and signing the vehicle inspection certificate to confirm compliance with relevant guidelines (section 7). Registered automotive workshops must keep detailed records for every used imported vehicle, including copies of inspection reports, vehicle inspection certificates, inspection checklists, work procedures, documents identifying and confirming parts and services, and documents recording work done on the vehicle. Workshops must also retain original or certified copies of test reports if specific testing is conducted (section 8). Failure to comply with these record-keeping requirements could result in difficulties demonstrating compliance with the guidelines, potentially leading to penalties or other enforcement actions. The Determination does not explicitly list specific offences or penalties for non-compliance; however, failure to adhere to the outlined procedures and record-keeping requirements could lead to enforcement actions under the Motor Vehicle Standards Act 1989 or related regulations. Non-compliance could result in the vehicle not being granted a used import plate, fines, or other penalties as prescribed by the relevant legislation. The exact penalties would depend on the specific nature and severity of the breach, as well as the provisions of the Motor Vehicle Standards Act 1989 and any other applicable laws.

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