Fine for Bunbury car yard over repair notice (Bunbury Car Warehouse)
A car yard has been fined $1,000 by the Bunbury Magistrates Court for selling a used vehicle while it was still under a repair order issued by Consumer Protection.
Kavannaqc Pty Ltd, trading as Bunbury Car Warehouse, was also required to pay costs of $1,282 after pleading guilty on 23 April 2015 to breaching the Motor Vehicle Dealers Act.
In March 2014, compliance officers from Consumer Protection inspected the car yard and issued an “Order to Remedy Defects” notice after discovering a vehicle for sale had a cracked windscreen. Under the Act, the vehicle cannot be sold until the defect has been rectified and the vehicle inspected by the Department of Transport.
Although the windscreen had been repaired, the vehicle was sold in April 2014 while the order was still in place and the required inspection was not carried out until May 2014 when the vehicle was returned for warranty repairs. Driving a vehicle subject to a work order could negate the third party insurance on the vehicle’s registration and possibly the owner’s private insurance and presents an unacceptable risk to the consumer who was unaware of the defect notice.
Commissioner for Consumer Protection Anne Driscoll said it was essential car dealers comply with these orders in every way to ensure the roadworthiness of their vehicles and not compromise the insurance cover.
“The requirement for motor vehicle dealers to get cars inspected following the issuing of a repair notice is intended to ensure the safety of car buyers. I would urge dealers to comply with this aspect of the law to ensure that vehicles meet roadworthy standards and to avoid prosecution,” Ms Driscoll said.
Further information about the obligations of motor vehicle dealers is available on the Consumer Protection website www.commerce.wa.gov.au/motorvehicles. Enquiries can be made by emailing firstname.lastname@example.org or by calling 1300 30 40 54.
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