Changes to the management of written-off vehicles in NSW
On 31 January 2011, the New South Wales Government introduced laws which aim to improve road safety and consumer protection, and to clamp down on vehicle theft, re-birthing and related crime.
All NSW light vehicles written-off after 31 January 2011 are classified as 'statutory written-off'. 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 vehicle that has been damaged and has undergone a damage assessment and been reported to the Written-off Vehicle Register (WOVR).
What types of vehicles do the laws apply to?
The laws apply to ALL NSW light vehicles, including cars, trailers, caravans and motorcycles up to 15 years old.
A light vehicle is a registrable vehicle that is 4.5 tonnes Gross Vehicle Mass (GVM) or less.
Will any vehicles written-off after 31 January 2011 be able to be registered?
A registered vehicle operator can apply to the Roads and Maritime Services for an Authorisation to Repair a written-off vehicle if:
- The person applying for the Authorisation to Repair is an eligible person
- The vehicle is an eligible vehicle; and
- The vehicle has not sustained any non-repairable damage
An eligible person is the registered vehicle operator of the vehicle at the time the vehicle sustained the damage causing it to be written-off.
Applications to repair and register a written-off vehicle will be considered on a case-by-case basis.
What is an eligible vehicle?
See 'Exempted vehicles' for more details.
An eligible vehicle is a vehicle which has one of the following characteristics:
- Hail damage
- Inherited
- Owned for more than 28 days by the registered operator
Special provisions also apply to superficially damaged motorbikes. These provisions will be in place until 1 November 2012. See 'Exemptions' for more information.
What is ‘non-repairable damage’?
A written-off vehicle is not eligible to apply for an Authorisation to Repair if the vehicle has suffered non-repairable damage. An insurance assessor assesses damaged vehicles against the non-repairable damage criteria.
Non-repairable damage is where a vehicle has been damaged to the extent that it is not safe to attempt repairs. Non-repairable damage on a vehicle is where:
- A vehicle has severe impact damage to three of the following:
- Roof
- Cabin floor pan
- Firewall
- Suspension damage
- Damage to any major mechanical component (such as the engine block or transmission casing); OR
- A vehicle has been burnt to the extent that it is fit only for wrecking or scrap; OR
- A vehicle has been stripped of all or most of its parts (including interior and exterior parts); OR
- A vehicle that has been immersed in salt water for any period of time; OR
- A vehicle that has been immersed in fresh water for more than 48 hours.
If Roads and Maritime Services gives me an Authorisation to Repair my written-off vehicle, what happens next?
The vehicle must be repaired according to the standards in the Road Transport (Vehicle Registration) Regulation 2007. This means to the manufacturers or to recognised industry standards.
You will need to have the repairs certified by a licensed motor vehicle repairer who will then issue you with a Certificate of Compliance. The vehicle must pass two inspections before you can apply to re-register your vehicle.
See Vehicle Owner Information for details.
What is a Certificate of Compliance?
A Certificate of Compliance is a Roads and Maritime Services form, which certifies your vehicle has been properly repaired.
The form contains a declaration that the repairs were made according to legislated standards. It must be signed by a NSW Fair Trading licensed repairer.
Will the laws affect my repaired written-off vehicle that was registered before 31 January 2011?
No. Vehicles classified as repairable written-off and registered before 31 January 2011 can be re-registered for the life of the vehicle, providing standard inspection and registration requirements are met.
Will unregistered written-off vehicles classified as repairable written-off on or before 31 January 2011 be able to be registered?
Vehicles classified as repairable written-off in NSW on or before 31 January 2011 can be registered if repairs are certified by a NSW Fair Trading licensed repairer and the vehicle passes two inspections. See Vehicle Owner information for details.
However, if a repairable written-off vehicle has not been repaired and re-registered by 31 January 2013, you will need to apply to Roads and Maritime Services for an Authorisation to Repair. The repairs to the vehicle must be certified by a NSW Fair Trading licensed repairer and the vehicle must pass two inspections.
Can I buy, repair and register a NSW vehicle that was written-off and recorded on the Written-Off Vehicle Register (WOVR) on or before 31 January 2011?
Yes. However, it will require a Certificate of Compliance issued by a licensed repairer with an appropriate class of licence from NSW Fair Trading.
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 a repairable written-off vehicle is recorded on an interstate Written-Off Vehicle Register on or before 31 January 2011, the vehicle can be repaired and registered in NSW if the repairs are certified by a NSW Fair Trading licensed repairer and the vehicle passes two inspections.
If the vehicle is recorded as a repairable written-off vehicle on an interstate Written-Off Vehicle Register after 31 January 2011, it must be repaired and registered in another State or Territory before applying for registration in NSW.