Heavy vehicle defects

Safe and well-maintained heavy vehicles are critical to a safe, productive, and reliable transport industry. Ensuring vehicles are safe and well-maintained is also part of the Chain of Responsibility (CoR) party’s primary duty to ensure the safety of their transport activities.

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Safety requirements

To ensure safety, authorised officers conduct inspections of heavy vehicles to monitor compliance with the:

These standards set out the minimum safety requirements that apply to heavy vehicles. Using a heavy vehicle that does not comply with these standards can result in the issue of defect notices and other regulatory action.

What is a defective heavy vehicle?

A defective heavy vehicle is where the vehicle:

  • does not comply with the heavy vehicle standards, or
  • has a part that does not perform its intended function or has deteriorated to the extent it can no longer be reasonably relied on to perform its intended function.

A heavy vehicle is unsafe if the condition of the vehicle, or any of its components or equipment, makes the use of the vehicle unsafe or endangers public safety.

What is a heavy vehicle defect notice?

A heavy vehicle defect notice is a notice complying with the requirements outlined in HVNL section 527. A defect notice may be issued when an authorised officer reasonably believes a vehicle inspected is defective or a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible. The defect notice will specify:

  • how the heavy vehicle is defective by identifying any faults
  • the type of inspection carried out (full or partial)
  • whether the defect notice category is major, minor, or self-clearing (reflective of risk)
  • that corrective action must be taken, including the type of inspection (if any) required to clear the defect notice
  • whether a certificate of roadworthiness is required
  • the allowable time frame for continued use of the vehicle
  • any conditions on the continued use of the heavy vehicle on the road if permitted
  • the heavy vehicle identification details
  • the driver or operator details
  • date and time the notice was issued
  • details of the authorised officer who conducted the inspection

The defect notice will also contain specific information, including how and where to get the defect cleared and contact details for information and assistance.

Note: Corrective action is defined as an action that stops:

  • the vehicle from being a defective heavy vehicle, or
  • corrects the number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible. 

Who can issue a vehicle defect notice?

A defect notice can be issued by officers who are authorised under the HVNL including Safety and Compliance Officers, state and territory transport inspectors, and police officers.

What do I do when I am issued a vehicle defect notice?

When issued a vehicle defect notice, the driver or person in control of the heavy vehicle must ensure they comply with any conditions for the continued use of the vehicle (if permitted). If corrective action required to stop the vehicle from being defective has not been carried out, you must not use the vehicle past the time stated in the notice.

The authorised officer will explain the nature of the defects identified in the inspection, and any conditions imposed on the continued use of the vehicle. If the driver is not the owner or operator, then the driver must give the defect notice to the owner or operator as soon as practicable, but not more than 14 days after the notice being issued.

How long do I have to take corrective action?

The time allowed to use a defective heavy vehicle without taking corrective action will vary depending on the safety risk the vehicle poses. Where the continued use of the vehicle poses a minor safety risk, you may be given a specified number of days. Where that risk is higher, a more restrictive use of the vehicle will be imposed.

Where the use of the vehicle poses an imminent and serious safety risk the vehicle will need to be repaired immediately or it will not be allowed to be used on the road. If repairing the vehicle is not possible, the vehicle will need to be carried or towed to a location where the repairs and/or adjustments can be carried out.

What are the different risk categories of vehicle defect notices?

Under the HNVL there are three categories of defect notices: ‘major’, ‘minor’, and ‘self-clearing’, that align with the level of risk the continued use of the vehicle poses.

Where the authorised officer reasonably believes the vehicle is defective and:

  • the use of the heavy vehicle on a road poses an imminent and serious safety risk, the vehicle defect notice is categorised as a ‘major defect notice’
  • the use of the heavy vehicle on a road poses a safety risk other than an imminent and serious safety risk, the vehicle defect notice is categorised as a ‘minor defect notice’
  • the use of the vehicle does not pose a safety risk, or a number plate of the vehicle is wholly or partly obscured, defaced, or otherwise not legible, the vehicle defect notice is categorised as a ‘self-clearing defect notice’.

Defective vehicle labels

Defective vehicles labels will be affixed to a heavy vehicle that are subject to a major defect notice and may be affixed for a minor defect notice. The defective vehicle label may only be removed by a person authorised to do so.

Can I use a heavy vehicle that is subject to a vehicle defect notice?

Major defect notice

Heavy vehicles subject to a ‘major’ defect notice can only be used to move the vehicle in the way and to specified locations as stated in the notice, or after the relevant repairs have been carried out.

Minor defect notice

For vehicles subject to a ‘minor’ defect notice, the authorised officer can permit the continued use of the defective heavy vehicle, subject to conditions and up to a specified date. This information will be included in the defect notice and explained to the driver or person in charge of the vehicle. If corrective action has not been carried out within the specified date, the vehicle cannot be used on the road after that time.

Note: The defect notice no longer applies once corrective action has been taken. Once you’ve taken corrective action you can continue to use the vehicle.  

Self-clearing defect notice

Vehicles subject to a self-clearing defect notice can be used up to the specified date in the notice, not more than 28 days after the notice is issued.

Note: If you are unable to comply with the conditions of the defect notice (e.g. you need more time to have the vehicle repaired) you should contact the authority that issued the defect notice as soon as possible.

What happens if I don’t comply with a vehicle defect notice?

If you use or permit the use of a defective heavy vehicle in contravention of a vehicle defect notice or any of the notice conditions, you may face additional penalties.

If a defect notice is not cleared, the registration authority for that vehicle may initiate action such as suspending or cancelling the vehicle’s registration.

How do I clear a vehicle defect notice?

To clear the defect notice you will need to undertake corrective action to repair or address the specified faults detailed in the defect notice. Where required, the vehicle must be inspected by the nominated authorised person. For minor or major defect notices, the defect notice will state:

  • the type of inspection required (for example, a partial or full inspection)
  • the type of facility where the inspection must be conducted (authorised inspection station, NHVR facility (NSW) or QLD Transport and Main Roads facility)
  • the type of approved or authorised person who must conduct the inspection
  • whether a certificate of roadworthiness is required

Operators may have the necessary inspection conducted in any state or territory providing the inspection is carried out by a suitably qualified or authorised person and in accordance with the instructions on the defect notice.

For a self-clearing defect notice, the heavy vehicle does not need to be inspected but the notice still needs to be cleared in accordance with defect notice instructions.

Note: To clear a defect notice you must follow the instructions stated in the notice. If the defect notice is issued or cleared in a state or territory that is different to the state or territory the heavy vehicle is registered in there may be additional clearance requirements. 

Defect clearance tables

The information in these tables is correct as of March 2023. Please contact the relevant transport authority to confirm the defect clearance process for that jurisdiction.

ACT registered vehicles
Where a notice is issued Clearance notice instructions

Defect notice is issued in another jurisdiction and cleared in the ACT.

The operator is required to book the vehicle in for a defect notice clearance inspection at Hume Motor Vehicle Inspection Station (Hume MVIS) only. Bookings are made through the Access Canberra contact centre on 13 22 81.

Defect notice is issued in another jurisdiction and cleared in another jurisdiction.

If the defect notice is issued and cleared in the jurisdiction of issue, the clearance instructions in that jurisdiction must be followed, and any required inspection is carried out by the class of examiner/inspector required by the notice. The defect notice is sent to ACT and loaded on the vehicle registration record, ACT will accept defect clearance inspections from other jurisdictions, inspection report should be sent to VITU@act.gov.au to be cleared.

Defect notice is issued in the ACT and cleared in another jurisdiction.

If the defect notice is issued in the ACT and inspected in another jurisdiction and the vehicle in this scenario cannot attend Hume MVIS for operational reasons, we will accept a defect inspection report from another jurisdiction to clear the defect notice. Once again, the clearance instructions on the defect notice must be adhered to.

 

New South Wales registered vehicles
Where a notice is issued Clearance notice instructions

Defect notice is issued in another jurisdiction and cleared in NSW.

Defect notices issued in another jurisdiction to an NSW-registered vehicle can be cleared by an Authorised Examiner at an Authorised Inspection Station.

Defect notice is issued in another jurisdiction and cleared in another jurisdiction.

If the defect notice is issued and cleared in the jurisdiction of issue, then the requirements to clear the notice in that jurisdiction must be followed. An inspection report must be produced only if required.

A copy of the inspection report or cleared defect notice is not required to be forwarded to TfNSW or Service NSW for record-keeping purposes, unless requested.

Defect notice is issued in NSW and cleared in another jurisdiction.

The Inspection Report section of the defect notice must be completed but if a full inspection is required the appropriate interstate inspection report must be produced if required.

 

Queensland registered vehicles
Where a notice is issued Clearance notice instructions

Defect notice issued in another jurisdiction and cleared in QLD.

Defect notices issued in another jurisdiction to a QLD registered vehicle with a clearance method of AIS or Self-Clearing must be cleared in accordance with the instructions in the notice.

Completed AIS or Self-Clearing defect notices can be sent to a Department of Transport and Main Roads (TMR) Compliance Office by post, email or in person.

If the defect notice specifies an inspection by a TMR Compliance Officer, a booking will need to be arranged with TMR. Note: a fee applies.

To find details about your nearest Compliance Office or to book a vehicle inspection with TMR, call 13 23 80.

Defect notice issued in another jurisdiction and cleared in another jurisdiction.

Defect notices issued and cleared outside Queensland are to be sent back to the issuing jurisdiction in accordance with any instruction within the defect notice.

Defect notice issued in QLD and cleared in another jurisdiction.

Defect notices issued in QLD to a QLD registered vehicle must be cleared by TMR or a QLD AIS in accordance with the notice.

Defect notice issued in QLD and cleared in QLD.

Defect notices issued in QLD to a QLD registered vehicles will contain one of the following clearance methods:

Self-clearance: - the owner is to sign the back of the notice once repaired completed and return to the address on the front of the notice.

AIS clearance: - have the vehicle inspected by an QLD AIS qualified to inspect the type of vehicle. The AIS will complete the back of the notice and the owner is to return to the address on the front of the notice.

If the AIS has access to Inspection Certificates On-Line (ICO), the AIS will enter the clearance details directly into ICO. TMR will then receive a report via ICO and the defect notice will be cleared by TMR the next business day.

TMR clearance: - phone 13 23 80 to make a booking for a re-inspection. Note, a fee applies.

 

South Australia registered vehicles
Where a notice is issued Clearance notice instructions

Defect notice issued in another jurisdiction and cleared in SA.

The vehicle must undergo an inspection at a DIT vehicle inspection centre, or police station dependant on the notation on the defect notice. A DIT on line booking can be made via SA.GOV.AU - Book a vehicle inspection (www.sa.gov.au) or phone 13 10 84 to speak directly to a booking officer.

Defect notice issued in another jurisdiction and cleared in another jurisdiction.

The vehicle must be inspected at an Authorised Inspection Station or Clearing Authority and the cleared, stamped and endorsed defect notice must be sent to DIT.VehicleInspections@sa.gov.au.

SA will only accept the cleared defect notice from the Authorised Inspection Station, not the operator.

Defect notice issued in SA and cleared in another jurisdiction.

The vehicle must be inspected at an Authorised Inspection Station or Clearing Authority and the cleared, stamped and endorsed defect notice must be sent to DIT.VehicleInspections@sa.gov.au.

SA will only accept the cleared defect notice from the Authorised Inspection Station, not the operator.

 

Tasmania registered vehicles
Where a notice is issued Clearance notice instructions

Defect notice issued in another jurisdiction and cleared in TAS.

If the other jurisdiction defect notice indicates/allows, then it can be cleared in Tasmania – this may be via a notation by the issuing officer in the clearance instructions.  The defect notice is cleared via self-clearing declaration or at Heavy Vehicle Approved Inspection Station (HVAIS). The common practice is the operator follows that jurisdiction clearance requirements. 

The defect notice is forwarded to tasmania@nhvr.gov.au for attention and action (Launceston Office). The Tasmania Registration and Licensing Services may reinstate the registration if the defect notice is cleared prior to the cancellation date.

Heavy Vehicle Approved Authorised Inspection Station (HVAIS) in Tasmania can be located using the Stategrowth portal.

Defect notice issued in another jurisdiction and cleared in another jurisdiction.

The defect notice is issued and cleared in the jurisdiction of issue, the requirements in that jurisdiction must be followed. The clearance advice is sent to tasmania@nhvr.gov.au

Defect notice issued in TAS and cleared in another jurisdiction.

The operator follows the TAS clearance instructions. If full inspection is required, it can be conducted by HVAIS equivalent in the other jurisdiction. The clearance advice is forwarded to the tasmania@nhvr.gov.au

 

Victoria registered vehicles
Where a notice is issued Clearance notice instructions

Defect notice is issued in another jurisdiction and cleared in VIC.

Heavy vehicles may be presented to “HV” Licensed Vehicle Testers seeking clearance of interstate issued defect notices. When a heavy vehicle is issued with a defect notice in jurisdictions other than Victoria, the notice either requires full inspection or rectification of specific defects. In Victoria if a ‘full inspection’ is indicated on the defect notice the vehicle requires a complete roadworthy inspection and the issue of a Certificate of Roadworthiness.

Defect notice issued in another jurisdiction and cleared in another jurisdiction.

A customer may present their vehicle to an authorised clearance station relevant to the issuing state prior to presenting the defect at a VicRoads Customer Service Centre. If a defect notice has been cleared at an authorised clearance station a Victorian roadworthy certificate or VicRoads inspection is NOT required providing:

  • The vehicle has been inspected by an authorised clearance station relevant to the issuing state, and
  • The defect notice has been cleared with an official stamp and signed by the inspector verifying repairs are complete.

Defect notice issued in VIC and cleared in another jurisdiction.

The vehicle must be presented for inspection at a VicRoads office or VicRoads authorised inspection centre to ensure that the faults are repaired. If a Certificate of Roadworthiness is required, a current Certificate of Roadworthiness from any jurisdiction for the vehicle must be presented at a VicRoads office or VicRoads authorised inspection centre.