Recycler obligations in regards to written off vehicles

Public news

The MTA has been contacted by Automotive Dismantler Division members who have been seeking clarification of their reporting obligations in regards to written off vehicles.

Under the requirements of the Second hand Dealers and Pawnbrokers Regulations (1998), a motor vehicle (and certain parts) are ‘prescribed goods’.

A “Written off Vehicle” has the same meaning as a vehicle as described in the Motor Vehicle Regulations (2010).

The Motor Vehicle Regulations (2010) specifies that:

Regulation 74 (1),(d), states a vehicle wrecker who acquires a notifiable vehicle must:

(i) as soon as practicable after acquiring the vehicle, but before commencing to dismantle the vehicle, or selling or otherwise disposing of the vehicle, affix written-off vehicle notices to the vehicle in accordance with this regulation; and

(ii) within 7 days after acquiring the vehicle, give notice in relation to the vehicle to the Registrar in accordance with this regulation.

Regulation 74 (2)states: A person is not required to affix written-off vehicle notices to a notifiable vehicle under Regulation 74(1) if—

a) such notices are already affixed to the vehicle in accordance with this regulation and (except where the person is a person referred to in sub regulation (1)(d) or (e)) any identification of the vehicle as a statutory write-off or repairable write-off by the notices is correct.

b) in the case of an interstate written-off vehicle, the notices required to be affixed under the corresponding law of the relevant State or Territory are so affixed.

Regulation 74 (3) states:

a) notice has already been given in relation to the vehicle to the Registrar in accordance with this regulation and (except where the person is a person referred to in Regulation 74(1)(d) or (e)) the previous notification correctly identifies whether the vehicle is a statutory write-off or a repairable write-off;

b) the vehicle is an interstate written-off vehicle.

In summary, the regulations say that if the notice is already given in accordance with the The Motor Vehicle Regulations, you do not have to change the status from Repairable to Statutory unless the vehicle accurately fits the description of a Statutory Write-off, as defined in the technical guide published by Austroads in 2011. You can access the technical guide by clicking here.

In reality, the true test of the regulations will lie with the Department of Planning, Transport and Infrastructure, who are unlikely to re-record a written off vehicle and issue a new approval number without good reason to do so such not being able to trace the approval number.

If MTA members require further clarification, contact Industry Engagement Specialist, Paul Back by clicking here.