Vehicles with Takata Airbags - What are the rules on selling?

Public news

Given the importance of the Takata airbag recall and recent discussions with members, the MTA is re-iterating some information regarding when vehicles that are under an active or future recall can be sold. Please ensure this information is known by all your staff.

SECOND HAND / USED CAR RETAILERS:

Check the Vehicle Identification Number (VIN) and other recall information for each second-hand vehicle in your possession to determine whether it is under active recall or scheduled for future recall.

Vehicles currently under recall are listed can be accessed by clicking here.

If the vehicle is under active recall it CANNOT be sold until the defective airbag is replaced.

If under active recall, you will need to organise for a replacement airbag from the supplier as soon as possible. (The replacement will be at the vehicle manufacturer’s cost).

To do this, contact the Manufacturer / Manufacturer’s Distributor Head Office in Australia.

This includes vehicles that may have been imported into Australia, not through Manufacturer / Dealer channels.

SELLING A FUTURE RECALL VEHICLE (LESS THAN SIX YEARS OLD)

If the vehicle is not in active recall but is listed for future recall, you can still sell the vehicle provided you inform the customer orally and in writing.

The MTA has prepared a form to assist you in communicating the recall to your customers.

Download the letter by clicking here.

SELLING A FUTURE RECALL VEHICLE (MORE THAN 6 YEARS OLD)

If the vehicle is not in active recall, but is listed for future recall, you can still sell the vehicle provided you inform the customer orally and in writing.

The MTA has prepared a form to assist you in communicating the recall to your customers.

Download the letter by clicking here.

AUCTION HOUSES OR BUSINESSES THAT SELL VEHICLES UNDER AUCTION CONDITIONS

Auction houses must ensure that they comply with the obligations under Australian Consumer Law (ACL).

Auction houses must ensure that they comply with their obligations under the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 when they are considered to be supplying vehicles. Click here for the updated guidance material which provides advice about when a business is considered to be ‘supplying’ a vehicle under auction conditions. Auction houses that are unsure of their legal obligations under the Australian Consumer Law (ACL), including how the Recall Notice applies to them are encouraged to seek independent legal advice.

If you have sold a vehicle under an active recall or require assistance please contact Nathan Groves as soon as possible by clicking here or calling 8291 2000.