Over recent months many instances have been reported of the authorisation of heavy vehicle smash repairs into car repair shops says the Australian Heavy Vehicle Repairers Association.
It must be noted this contravenes the NHVL law (National; Heavy Vehicle Law) as applies to NSW, Victoria, Queensland, South Australia and Tasmania, the Motor Dealers and Repairers Act 2013 and the Code of Practice.
Under the NHVL 2014 it states only licensed repairers may repair and certify heavy vehicles.
A suitably licensed repairer is a person who holds a Motor Vehicle Repairers Licence issued by NSW Fair Trading (or corresponding interstate agency) and such Llcense class authorises them to repair the vehicle and damage type (i.e. heavy vehicle smash repairs or light vehicle repairs).
Interstate licensed repairers must hold or employ a person who holds, the relevant qualifications as set out in clause 34 of that regulation.
The CoR (Chain of Responsibility) Laws 2018 were expanded to set an overarching responsibility to ensure the safety of heavy vehicles, ensuring a heavy vehicle repairer has the capability, training and equipment to carry out repairs to industry standards.
Insurers and repairers are reminded that it is illegal and damaging to spray in uncontrolled conditions (not in an approved spray booth), spray booths must comply with AS/NZS 45114.1:2003 and must have development consent from the local council.
There are severe penalties for breaking the law, employers must ensure the health, safety and welfare of all employees, also employers must also ensure the safety and welfare of others i.e. Vvsitors, contractors and/or self employed whilst in the workplace, this could be very difficult in uncontrolled conditions.
Note the employer/organisation has a major risk responsibility in the welfare of others in his/her work place.
There are severe penalties for non-compliance ranging up to $3 million and/or 5 years imprisonment.
In the interest of the law, safety in the heavy vehicle repair industry and the public arena, repairers and insurers are respectfully reminded of their obligations.