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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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I am a vehicle retailer, under the road traffic act do I have

Customer Question

I am a vehicle retailer, under the road traffic act do I have to request a current driving licence and insurance certificate before releasing a vehicle
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

I need to know if as a vehicle retailer of trade and retail vehicles I have an obligation under the road traffic act to ensure that a vehicle is insured and the collecting driver has a current driving licence before releasing them off the forcourt. If this is the case I will need specifics of the part of the road traffic act that covers it please.

Expert:  Jo C. replied 4 years ago.
Sorry for the delay.

Obviously there is some research involved on this. I'm out at court right now but I can look this up for you when I'm home at about 7 pm if thats ok?
Expert:  Jo C. replied 4 years ago.

If the nature of your occupation is that you sell vehicles then you have no obligation at all.

If you rent vehicles then that is different. If you are the registered keeper of a vehicle then you have an obligation to ensure that any person who drives it is licensed and insured. There is an offence of permitting no insurance under s143 RTA 1988.

If you allow test drives then you have the same obligation. The issue though is that you are the registered keeper and are allowing others to drive.

If, however, people just purchase the vehicle from you outright then thats not your obligation.

Hope this helps. Please let me know if you need more information.