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Low-risk, low-scope repair work

Certain types of vehicle repair work can be undertaken by people who do not hold a tradesperson certificate. This exemption is within the Motor Dealers and Repairers Regulation 2014.

Later this year, it is anticipated that the existing exemption will be expanded so that certain additional types of low-risk, low-scope motor vehicle repair work that will not impact on the safety of the vehicle can be undertaken by people who do not hold a trade certificate. 

The Regulatory amendments to introduce this further exemption will be finalised in the coming months. In the interim, the Commissioner has issued a Statement of Regulatory Intent specifically exempting certain work such as paintless dent-repair, fitting of car tyres and fitting of vehicle batteries.

However, if impact sensors or an airbag have to be removed for low-scope work to be undertaken, an appropriately qualified tradesperson would still be required for that part of the repair. Further information can be found on the Fair Trading website.
 

Motor Recyclers and Prescribed Parts Register

Motor vehicle recyclers are required to keep a register of prescribed parts. This is Form 3 in the Motor Dealers and Repairers Regulation 2014.

Due to practical difficulties regarding the use of new Form 3, when recyclers are dismantling a whole vehicle they are to be allowed to continue using the old Form 2A, but only if they are using a hard copy register. Form 3 must still be used for recording individual prescribed parts. If a recycler is using a software version of Form 3, they will still need to use it for individual parts and whole vehicles.

The Commissioner has issued a Statement of Regulatory Intent allowing motor vehicle recyclers who keep hard copy registers to continue to use Form 2A from the Motor Dealers Regulation 2010.
 

Case Study: Buy back of a non-warrantable vehicle  

Prescribed forms
Facts of the case:

1) a consumer purchased a non–warrantable vehicle from a licensed dealer for $7,500.

2) Several months later, the car was deemed unroadworthy after a Roads and Maritime Services inspector found extensive rust in the chassis and subfloor of the car.

3) The dealer offered to patch and weld the rust to ressolve the customers issue.

4) The customer was concerned the work would not be completed by a licensed repairer and obtained a quote to rectify the work of over $9,000.

5) The dealer was concerned that this was considerably more than the vehicle was worth.

6) The dealer also considred the quoted work may exceed the requirements of making the car roadworthy.

7) The car's registration expired as neither party could come to an agreement.

8) The customer lodged a complaint with Fair Trading.

Our position
A Fair Trading Automotive Inspector met with the customer to carry out a visual inspection of the vehicle. While Automotive Inspectors do not diagnose faults with vehicles, it was evident the rust in the vehicle rendered the vehicle unroadworthy and the cost to repair the damaged chassis would be considerable.

The Automotive Inspector contacted the dealer to discuss the required repairs to the vehicle indicating the repairs required may have exceed the vehicles worth and the original price paid by the customer.

The resolution
The dealer offered to buy-back the vehicle from the customer at an amount less than the original price paid taking into account the kilometres travelled by the customer since the purchase. Both parties were satisfied with the outcome of Fair Trading’s intervention.
 

Free seminars

Wheel

During September and October 2015, NSW Fair Trading is holding free seminars in the following locations to assist you and your staff understand your rights responsibilities under the Motor Dealer and Repairer Act 2013.

Numbers are limited, so register today to reserve your seat by clicking on the links below or call 13 32 20.

Motor vehicle dealers
Bexley/Kingsgrove                 15 October
Motor vehicle repairers
Bexley/Kingsgrove                13 October 
 

Next edition Dealing with complaints

Odometer
The changes to Motor Vehicle laws introduced on 1 December 2014 help industry operators reduce their business risks as the new requirements encourage greater transparency and a fairer marketplace. While customer complaints may never be far away, our services could help the way you deal with them. Find out how in our case study section of this newsletter.
 

Do you hold a motor repairer tradesperson certificate?

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They now have to be renewed. Go to the Fair Trading website for more information or call 13 32 20 to find out your renewal date.

 
fairtrading.nsw.gov.au