Hon Ken Travers asks about the Department of Commerce's checks on hire campervans, including inspection procedures, inspector qualifications, frequency of checks, and whether hire companies receive advance notice. The Department details its compliance program under the Motor Vehicle Dealers Act 1973, inspection processes, and frequency, confirming no advance notice is given.

AnsweredQoN 2558Legislative Council
Asked
29 June 2010
Portfolio
Commerce

QuestionView source ↗

(1) What checks does the Department of Commerce carry out on hire campervans?
(2) Does the Department of Commerce have a checklist for inspections to follow?
(3) If yes to (2), will they table it?
(4) What are the qualifications of the inspectors carrying out inspections on hire campervans?
(5) How often are checks conducted, and how many have occurred this financial year 2009-2010?
(6) Are hire companies ever given notice as to when checks will be conducted?
(7) If yes to (6), why?
(8) For each location where campervans have been inspected, -
(a) what was the name of the hire company that owned the vehicle;
(b) how many vehicles were inspected;
(c) how many were found to be un-roadworthy; and
(d) was the company given any notice that the check would occur prior to the inspector arriving at the premises?

AnswerView source ↗

Answered
7 September 2010
Responded by
Leader of the House representing the Minister for Commerce
Response time
70 days
The Department of Commerce advises:
(1) The
Motor Vehicle Dealers Act 1973
(the Act)requires that a hire car operator must hold a licence under the Act. Campervans fall within the definition of the Act.
The Act also provides that a hire car operator may apply to the Motor Vehicle Industry Board (MVIB) for an 'Exemption' from the Act if
"...the buying or selling of vehicles does not comprise a significant part of his business as a hire car operator"
and
"... disposes of vehicles bought in the course of his business directly to dealers".
The Department has a proactive compliance program, where officers visit the premises of licensed motor vehicle dealers to inspect documentation and examine vehicles for roadworthiness. If a vehicle is found to be defective, an 'Order to Remedy Defects' and a 'Notice Prohibiting the Sale' is issued. These notices can only be removed from a vehicle through the Department of Transport licensing inspection process.
A business that holds an exemption is not subject to the provisions of the Act that allow work orders to be issued against the vehicle but a standard condition of the exemption allows Departmental Officers to inspect vehicles.
(2) The Department has an inspection check list. The 'Order to Remedy Defects' also acts as a check list in relation to vehicle defects.
(3) [See Tabled Paper Number]
[See Tabled Paper Number]
[See Tabled Paper Number]
(4) Department officers conducting inspections are qualified Motor Mechanics with extensive experience in vehicle inspection.
(5) The Dealer Inspection program is structured so that all dealers throughout the state will be visited at least once in a two year period. The program focuses on dealers dealing in vehicles at the lower end of the market, where there is greater consumer risk. In addition, all newly established dealerships will be visited within the first three (3) months of operation.
A total of 410 licensed dealers were visited during 2009/2010 financial year.
(6) No.
(7) Not Applicable.
(8)
(a) Dealers licensed as hire car operators are issued with a category 'F' licence. The majority of dealers with an 'F' endorsement also hold multiple categories of licences which allow them to sell other vehicles such as cars, motorcycles, caravans, campers etc. A total of 47 dealers holding an 'F' category licence or an exemption were inspected during 2009/10. A list of the 47 dealers visited is provided [See tabled paper number]. This list details the dealership visited, the numbers of vehicles inspected and whether work orders were issued.
It is not possible to recover from our records whether the vehicles inspected were specifically hire vehicles or campervans. All vehicles on site are inspected at each site visit. Where zero vehicles are recorded against a particular site, this means that there were no vehicles on site and available for checking.
(b)-(c) See 8a above.
(d) No advance warning was given about any impending inspections.
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