The Federal Department of Infrastructure has become aware that some suppliers are not meeting the legislative recall requirements under the Road Vehicle Standards Act – and has issued an updated policy to clarify the rules.
Section 212(2) of the Road Vehicle Standards Rules states that where a person voluntarily takes action to recall road vehicles or approved road vehicle components, the person must, within two days after taking the action, give the Minister a written notice.
Conceding that it’s not immediately obvious within the Rules or Act what “action to recall road vehicles or approved road vehicle components” includes, the Department has established a set of actions that are considered to be “recall actions”.
It says it considers the following actions (when taken in relation to a voluntary recall) to be “recall actions” that will trigger a legislative requirement to notify the Department within two days:
- Rectifying a defect (including a software defect) in a vehicle or component;
- Informing the public about vehicle or component defects, circumstances for use or procedures that should be followed; and
- Informing the public of the intention to rectify a defective vehicle or component, or to provide a refund.
The Department says the updated policy – which is reflected in the amended document Recalls policy: Road vehicles and approved road vehicle components – will clarify the definition of recall action and notification requirements.
Suppliers will be informed on the updated policy by email and via the RVS News Update newsletter. It will also discuss it at the next RVSA Industry Webinar.
HVIA members wishing to provide feedback to the Department may do so directly, or by contacting Adam Ritzinger at a.ritzinger@hvia.asn.au or Greg Forbes at g.forbes@hvia.asn.au.