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1What is a defect notice?

A defect notice is a formal notice advising the registered operator of a vehicle, that the vehicle is not suitable to be used on a public street in its current condition.

2Why do I have a defect notice?

If you have received a defect notice, it is because you are the registered operator of a vehicle. An authorised officer may issue a defect notice when a vehicle is considered to be unsuitable for use on a public street in its current condition.

The defect notice is sent to the registered operator because it is their responsibility to ensure the vehicle is roadworthy.

3Who can issue a defect notice?

A defect notice can be issued by:

  • a police officer
  • an authorised officer:
    • a Transport Safety and Investigations Officer (for light vehicles)
    • a Safety and Compliance Officer (for heavy vehicles).

4What should I do if I am issued with a defect notice?

If a registered operator receives a defect notice, they should follow the instructions on the defect notice.

The instructions will tell the operator what they need to do to fix the problem with the vehicle.

The instructions will also give a deadline for fixing the problem with the vehicle.

If the register operator wants to keep using the  vehicle on public streets, they must:

  • fix the problems listed in the defect notice, and
  • follow the instructions to have the defect notice “cleared”.

If the registered operator does not want to keep using the vehicle on public streets they can surrender the vehicle’s number plates at Service Tasmania.

5Can a registered operator use a vehicle with a defect notice?

Sometimes.

The defect notice will:

  • list the problems that need to be fixed.
  • have a deadline to fix the problems.
  • have a deadline to fix the problems
  • tell the operator whether they can use the vehicle before the deadline.
  • tell the operator whether there are any conditions on the use of the vehicle if it can be used before the deadline.

The operator must comply with any conditions on use listed on the defect notice.

  • The operator may receive a Traffic Infringement Notice or be prosecuted if they do not comply with any conditions listed on the defect notice.

The operator must not use the vehicle after the deadline unless they have cleared the defect notice.

  • The operator may receive a Traffic Infringement Notice or be prosecuted if they use the vehicle after the deadline and they have not cleared the defect notice.

6Do I need to comply with a defect notice?

Defect notices that are not cleared by the deadline will be followed up by the Registrar of Motor Vehicles.

The registration of the vehicle may be suspended or cancelled if the defect notice is not cleared by the deadline.

  • The Registrar will send the registered operator a letter before the registration is suspended.
  • The Registrar will send the registered operator a letter before the registration is cancelled.

If the registration is suspended or cancelled the vehicle must not be used on a public street or parked on a public street.

  • The registered operator may receive a Traffic Infringement Notice or be prosecuted if they park or use the vehicle on a public street when the registration is suspended or cancelled.
  • The registered operator may receive a Traffic Infringement Notice or be prosecuted if they do not comply with a defect notice.