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Proposed Motor Dealers and Repairers Regulations 2016  

What is this about? 

In December 2014, the Motor Dealers and Repairers Act 2013 and Motor Dealers and Repairers Regulation 2014 came into force. To improve the operation of the new laws, a number of changes are proposed.

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What’s happened so far? 

Fair Trading has undertaken preliminary consultation with stakeholders and a draft Motor Dealers and Repairers Amendment (Miscellaneous) Regulation 2016 has been prepared for industry and public consultation.

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What are the proposed changes? 

The proposed changes are as follows:

  • that a low risk repair work section be added
  • that motor dealers licensing requirements include that the dealer ensures the area used for business is distinct from any other dealers’ business area
  • that the period of a dealer guarantee is not affected by any period of time the dealer has the vehicle in their possession for assessing defects or carrying out repairs
  • that certain offences be prescribed as penalty notice offences
  • that the penalty notice offence amounts be increased for some current offences to better reflect the significance of these offences
  • changes to motor dealers forms
  • a new form for recyclers dismantling individual vehicles
  • other minor or consequential amendments

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New classification of low risk repair work 

It has been recognised that the requirement for all repair work to be completed by a person holding a Certificate III level qualification may be unnecessary for certain types of low risk work. It is proposed that work which does not affect the safety or performance of the motor vehicle be exempted.

Please see the Low scope motor repair work guidelines (PDF size: 260kb) for details. Please note, these are only guidelines and the list of work included is not exhaustive.

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Have your say 

Submissions to the proposed regulation closed on 31 August

 

Next steps 

Fair Trading reviews all submissions, which may result in further amendments to the Regulations. If required, we may conduct further targeted consultation on any key issues identified. If you submit comments, you will be notified when the Regulations are finalised.

The final Regulations will be published on the NSW legislation website.