A car or motor cycle is a big investment for most people and a large responsibility. Owners should regularly maintain their vehicles to protect their investment and to keep them safe and roadworthy.

If you have a problem with a new car or motor cycle that is still under warranty, refer to your warranty and talk to the motor dealer who sold you the vehicle.

Whether new or second-hand, your car or motor cycle should have come with a logbook or owner’s handbook that sets out when the vehicle should be serviced and what maintenance needs to be done. To keep your motor vehicle in top condition and to avoid the possibility of breakdown or expensive repairs in the future, you should follow the maintenance schedule. If the vehicle is still under warranty and you don’t have it serviced to the manufacturer’s maintenance schedule, you may void your warranty. As long as the service is carried out in accordance with the manufacturer’s specifications, any licensed repairer can do it, not just the dealer from whom you purchased the vehicle.

When booking your motor vehicle in for a service, clearly explain to your repairer the type of service you require. Different costs are associated with the different types of services you can have. If you don’t have a logbook or handbook and are not sure what your vehicle needs, ask the repairer to explain what is involved with each type of service and its associated cost. If you are still uncertain, it is wise to follow the manufacturer’s service schedule.

The more information you can give to the repairer, the more likely the diagnosis will be correct and the repair carried out properly. You may even need to test drive your car with the repairer, for example, if a rattle only occurs at a certain speed. Always ask for a written cost estimate or quote to fix the problem so there are no surprises at the end.  It is a good idea to leave a contact number with the repairer in case they discover the need for additional work.

If you decide not to carry out the repair, the repairer is entitled to charge a fee for the diagnosis.

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The Office of Fair Trading administers the licensing of motor vehicle repair businesses and certification of tradespeople working in repair businesses.

Certification
Licensing

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There is no formal requirement for a dealer to provide a courtesy vehicle to a customer while they are conducting warranty work, unless it advertised or promised to the client.

In some circumstances, a dealer or repairer may provide a vehicle while the repair is carried out. It is important to note that you should ensure that the vehicle is roadworthy, registered and insured, as you may be held liable for anything that may happen.

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A motor vehicle repairer has a responsibility, as with any other trade to ensure that the work carried out is done in a ‘workmanship like manner’. This is a responsibility brought under the Fair Trading legislation, other similar legislation, and common law.

If a part fitted by a workshop is defective, substandard or unfit for its intended purpose, and if it is the 'cause' of an accident, a customer (but not another person such as a passenger, pedestrian or subsequent owner of a vehicle) can bring a contractual claim against the workshop under section 74 of the Trade Practices Act 1974.

A claim could also be brought under section 74 if the workshop did not exercise due care and skill in carrying out repairs or testing.

Section 74 implies a non-excludable warranty into contracts for the supply of services by workshops to customers:

• that services will be carried out with due care and skill and
• that any components supplied in connection with those services will be reasonably fit for the purpose for which they are supplied.

Similar warranties are implied by common law into contracts for the supply of services by workshops.

For example, if a customer could establish that a workshop did not exercise due care and skill in fitting a disc brake calliper, or if the customer could establish that a disc brake rotor fitted by the workshop was below recommended minimum operating thickness, the workshop could be held liable to the customer under section 74 or under common law.

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A dealer or repairer may be liable for loss or damage when this occurs while the vehicle is in the dealer's or repairer's, or a sublet repairer's custody waiting for repairs under warranty.

If you believe that the repairer has acted in a dishonest or fraudulent manner you should report it to Fair Trading, who will investigate your complaint.

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The role of Office of Fair Trading is to facilitate a fair and efficient motor vehicle repair industry in which repairers are appropriately trained to achieve effective and safe repairs at a reasonable cost to the consumer.

As part of this role Fair Trading promotes improvements in the standard of motor vehicle repair work and assists in the settlement of disputes between motor vehicle owners and repairers. 

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Fair Trading can investigate a dispute about the fair cost of a repair.  However, there is no price control on vehicle repair costs. A repairer in one area, where operating costs are low, may charge less than another where costs are high and skilled staff are in short supply. Some repairers may charge more because of their level of skill and service.

If the owner and repairer agree on a price before the job is started it forms part of the contract. It is generally binding on both parties whether the repairer’s costs exceed the quote or the owner discovers later that the job could have been done cheaper. Be clear on parts and labour costs before the work commences.

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In any work situation mistakes can occur or faulty parts may have been supplied. In most instances the licensed repairer will be only too happy to rectify the problem in order to satisfy you and keep your custom.

If you are unhappy with the standard or cost of a repair, discuss your concerns with the repairer.

Explain the problem you have and allow the repairer to either resolve the problem or state their position. If you are not happy with the outcome call Fair Trading on 13 32 20.  They will take the time to listen to you and help you understand your position and what steps you can take, including lodging a formal request to have a mediator help you negotiate a settlement between you and the repairer. Most disputes are settled by negotiation assisted by a mediator.

These services are provided free of charge.

Alternatively you can complete a Notice of dispute form in PDF format (size: 141k).

If a settlement cannot be agreed upon, the owner may lodge a dispute with the Consumer, Trader and Tenancy Tribunal (CTTT).

Although the CTTT has an upper limit of $30,000, there is no upper limit to the matters which may be investigated by Fair Trading.  However, if the cost of the repair cannot be recovered from the repairer by legal action, then the customer may put a claim to the Contingency Fund.  The limit of such claims is $30,000. 

Fair Trading can also investigate disputes about:

• insurance repairs
• the repair of a component where the vehicle owner has removed and replaced the component in the vehicle
• the fitting of components which have been supplied to the repairer by the owner, however they cannot investigate the condition of the component
• the fitting of accessories where the fitting of such an accessory involves the alteration of the vehicle e.g. fitting a car phone, which may use a screw or two to hold it in place is not considered an alteration.  Things such as: fitting sunroofs, bull bars, engine immobilisers, entertainment sound systems, eg. CD player or stereo systems which involved cutting panels or frames to fit the system or speakers are all considered alterations. 

A vehicle which is constructed or adapted to carry passengers or goods over public roads is a motor vehicle.  It does not matter whether it is registered or not.  A tractor or fork lift which may be registered is not constructed or adapted for the carriage of passengers or goods over public roads and is therefore not a motor vehicle.

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 Listen to information on Car repairs (0:31 mins)

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