Written-off vehicle reforms 2011
Changes to the management of written-off vehicles in NSW
From 31 January 2011, the New South Wales Government will introduce laws which aim to improve road safety and consumer protection, and clamp down on vehicle theft, re-birthing and related crime.
Vehicles assessed as a total loss after the legislation is introduced, will be classified as statutory (non-repairable) write-offs. This means they cannot be registered and can only be used for parts or scrap metal.
What is a written-off vehicle?
A written-off vehicle is a damaged vehicle that has been assessed as a 'total loss'. A vehicle is a 'total loss' when it’s damaged value plus the cost of repairs is greater than its undamaged market value.
When will the changes come into effect?
The changes will come into effect on 31 January, 2011.
What types of vehicles do the laws apply to?
The laws apply to NSW light vehicles up to 15 years old, including cars, trailers, caravans and motorcycles.
A light vehicle is a registrable vehicle less than 4.5 tonnes gross vehicle mass (GVM).
Will any vehicles written-off after the legislation is introduced be able to be registered?
Applications to repair and register a written-off vehicle will be considered on a case-by-case basis.
The registered vehicle operator (or owner if the vehicle is not registered) can apply to the RTA for an authorisation to repair if the vehicle is:
* In an exempt vehicle category,
* Kept by the same registered operator or owner, and
* Able to be repaired to legislated standards.
What are the exempt vehicle categories?
Exempt vehicle categories include:
* High market value
* Hail damage
* Low production run
* First or last in production run or model range
* Personally imported
* Individually constructed
* Inherited
* Owned for five years or more by the registered operator
* Registered operator is a member of a recognised enthusiasts club for vehicles of that type.
If the RTA gives me an Authorisation to Repair my written-off vehicle, what happens next?
You will need to have the repairs certified by a licensed motor vehicle repairer and the vehicle must pass two inspections before you can apply for registration.
Will the laws affect my repaired write-off that was registered before the legislation start date?
No. Vehicles classified as repairable write-offs and registered before the legislation starts can be re-registered for the life of the vehicle, providing registration requirements are met.
Will unregistered vehicles classified as repairable before the legislation starts be able to be registered?
Vehicles classified as repairable write-offs in NSW before the legislation is introduced can be registered if the following requirements are met:
* The vehicle must pass two inspections – one for mechanical safety and one for identity validation.
* From six months onwards after the legislation starts, repairs must also be certified by a licensed motor vehicle repairer
Can I buy, repair and register a NSW vehicle that was written-off and recorded on the Written-Off Vehicle Register (WOVR) before the legislation starts?
Yes. The requirements for vehicles classified as repairable in NSW before the legislation is introduced (above) will apply.
Will I need to have my vehicle repairs certified?
If your vehicle is written-off in NSW after the legislation start date on 31 January 2011, a repairer with an appropriate class of licence from the NSW Fair Trading must inspect and certify the repairs.
If your vehicle was recorded as a repairable write-off in NSW before 31 January 2011, you will need a Certificate of Compliance for the repairs from six months after the legislation start date onwards.
What is a Certificate of Compliance?
A Certificate of Compliance is an RTA form that must be completed by the licensed repairer who inspects your written-off vehicle repairs.
The form contains a declaration that the repairs were done according to the manufacturer's repair guidelines (or to acceptable industry standards if there are no manufacturer's guidelines).
Will my vehicle be inspected?
Yes. All written-off vehicles applying for registration in NSW must pass two inspections – one for mechanical safety and one for identity validation.
What if I buy a repairable write-off from another state?
If the repairable write-off is recorded on the WOVR before the legislation start date of 31 January 2011, the vehicle can be repaired and registered if it meets RTA registration requirements.
If the vehicle is recorded as repairable on the interstate WOVR after 31 January 2011, it must be repaired and registered before you can apply for registration in NSW.
