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Fair Trading enquiries
13 32 20
 

Hail and flood damaged vehicles

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NSW Fair Trading has received an increase in enquiries from motor dealers regarding the sale of new vehicles that have been damaged by hail or water. These vehicles have existing damage or have been repaired by the motor dealer. Accordingly, motor vehicle dealers must advise consumers of the hail or water damage.

In these instances, motor dealers are required to use a Form 6 to disclose this information as part of the sale. Penalties apply for not disclosing the damage at the time of sale.

Download Form 6 from the Fair Trading website.

 

New low-risk, low-scope exemption

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A new exemption for low-risk, low-scope work will be introduced to the Motor Dealers and Repairers Regulation 2014 in the coming weeks following a lengthy public consultation process, and invaluable engagement with the motor repairer industry.

People who do certain types of low-risk, low-scope motor vehicle repair work won’t have to hold a Certificate III qualification. The exemptions are only applicable if the tasks do not alter the performance, handling or safety of the vehicle.

Guidelines for the low-risk, low-scope work will be published on the NSW Fair Trading website in the coming weeks. This will provide the industry greater direction on the examples of work that is exempted from the regulations.

Be sure to keep an eye out on the NSW Fair Trading website for the commencement of the new exemptions. Industry associations will also be notified so that all sectors of the motor vehicle industry are kept fully informed of impending changes.

 

Changes to Motor Dealer forms 

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You may have heard that a number of minor and administrative changes are being made to some of NSW Fair Trading’s prescribed motor dealer forms.

Don't panic, though. You don't need to do anything at this point. Existing forms can be used until 31 August 2017 as a new Statement of Regulatory Intent  (PDF size: 176kb) was issued on 24 February 2017 allowing motor dealers extra time to use existing forms. This means dealers have more time to exhaust stocks of current forms and for suppliers to update their products.

With the introduction of the Motor Dealer and Repairers Amendment Regulation 2017 expected in the coming weeks, new forms will be updated and published on NSW Fair Trading’s website under Prescribed forms for the motor industry, but for now forms already in circulation will still be able to be used until 31 August 2017.

 

Odometer repairs / replacement

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Unless you hold a motor vehicle repairers' licence, you must obtain approval from NSW Fair Trading prior to a repair or replacement of an odometer. To seek approval, complete an Application for approval to alter a motor vehicle odometer (PDF size: 94kb), under the Motor Dealers and Repairers Act 2013.

Licensed motor vehicle repairers may repair or replace an odometer if they have notified NSW Fair Trading by using the 'Notification of alteration or replacement of a motor vehicle odometer' form (PDF size: 89kb).

 

Imprisonment for Odometer Tampering

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On 14 December 2016 a Sydney man Fadi Ahmad El Osman was sentenced to three years’ imprisonment and fined $8,000 after a NSW Fair Trading investigation found he tampered with odometers and sold the vehicles to unsuspecting buyers.

Between April 2013 and April 2014, Mr El Osman interfered with the odometers of eight motor vehicles, wiping a total of almost one million kilometres from the actual distances they had travelled. In the worst instance, Mr El Osman wound back the odometer of a Toyota Hilux dual cab utility by 207,671 kilometres.

The court found Mr El Osman dishonestly received close to $200,000 by selling these vehicles, along with six others that he knew had reduced odometers. Mr El Osman was convicted of 31 offences, comprising eight counts of odometer tampering; 11 counts of dishonestly obtain benefit by deception; six counts of make a false document; and six counts of use a false document.


 

Public warning about Autoline Sydney and Advant Automotive

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On 29 March 2017 NSW Fair Trading suspended motor dealer licence number MD058561 following the issue of a Notice to Show Cause on the dealership, which is located at 7-9 Parramatta Road, Concord.

This is due to complaints from consumers relating to the sale of consignment vehicles and the alleged failure of the dealership to pay consignment money to customers. One complaint related to the company purchasing and taking possession of a Lamborghini for $143,000. The consumer was promised payment within seven days but has not received the promised amount. Read the media release.

 

Free seminars for Motor Dealers and Repairers

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Be sure to keep yourself up to date with your requirements under the Motor Dealers and Repairers Act 2013.

Throughout the year NSW Fair Trading hosts free seminars presented by industry experts. 

The next seminars are:

  • Tuesday 16 May 2017 at Asquith Rugby League Club, Waitara
  • Tuesday 6 June 2017 at Tamworth Community Centre, Tamworth
  • Tuesday 18 July 2017 at Camden Sports Club, Camden
  • Tuesday 25 July 2017 at Coffs Harbour Ex-Services Club, Coffs Harbour.

Reserve your place by registering online at a location near you by visiting our events calendar or phone 13 32 20 select option “2” then option “5”.


 

Narooma My Place Program

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In late March, NSW Fair Trading conducted a My Place Program in Narooma, NSW. During the program our inspectors and investigators inspected a total of 32 motor dealers and repairers and issued a total of 32 penalty infringement notices totalling $10,600.

The penalty notices were issued for a variety of reasons, including:

  • unlicensed motor vehicle repairer, 
  • licensee permit unqualified employee to do repair work
  • offer display a second-hand motor vehicle – no dealer’s notice
  • sell second-hand vehicle not sign dealer’s notice and give copy to purchaser
  • licensee not display sign on premises

The program also provided a seminar to motor dealers and repairers, to assist business understand their obligations. Positive feedback was received about the presentation including:

“The presenter was very professional and concise he kept to time with a no nonsense presentation, well done.”

 

Complaints Register

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The NSW Fair Trading Complaints Register lists businesses that are the subject of 10 or more complaints from consumers to NSW Fair Trading in a calendar month. Businesses are listed according to their public and recognisable 'trading' or 'brand' name. 


 
fairtrading.nsw.gov.au