Think Your Unmodified Car is Safe from a Defect Notice? Think Again!

You might assume that only heavily modified cars get slapped with defect notices, but that's far from the truth. In reality, defect notices are issued to ensure that all vehicles, whether modified or not, are safe and meet roadworthy standards.

What is a Defect Notice?

If you're pulled over and the police deem your car unroadworthy, you can be handed a defect notice. This document will list your car's registration number, your licence details, and the issues making your vehicle unsafe. These problems could include vehicle modifications or simple maintenance oversights like worn-out parts.

Once you receive a defect notice, you’ll need to fix the issues and have your car inspected by either a mechanic, the police, or the transport authority in your state before you can legally drive again.

The Price of Defects

Defect notices come with more than just inconvenience—they also carry fines ranging from $114 to $1045, depending on the severity of the issue. Some even result in demerit points (from 1 to 5 per defect), which can affect your driving record. While major defects like worn tires or faulty headlights might seem obvious, here are some surprising reasons you could still get a defect notice.

Surprising Reasons for Defect Notices

1. No Windscreen Wiper Fluid You could receive a $114 fine simply for having an empty wiper fluid reservoir. The Hills Police Area Command in New South Wales reminded drivers of this in 2022, stating it’s a safety risk, especially in rainy conditions.
2. Flat or Missing Spare Tyre Even if your spare tyre isn't mounted on your car, it needs to be roadworthy and properly inflated. Failing to have a working spare could result in a defect notice. However, newer cars without a spare tyre are typically exempt if they came with a tyre repair kit instead.
3. Incorrect Tyre or Wheel Sizes Having tyres or wheels that are larger than what’s allowed can also get you into trouble. In most states, your wheels can’t be more than 25mm wider than the factory specification (15mm in South Australia and Queensland), and overall tyre diameter increases are limited to 15mm for passenger vehicles and 50mm for 4WDs.
4. Changing the Colour of Your Car Did you paint or wrap your car? You’ll need to notify your state’s transport registry of the colour change. If not, highway patrols equipped with number plate scanners can easily pull you over for mismatched registration details.
5. Incorrect Tyre Pressure While it’s rare to get a defect notice for slightly low tyre pressure in passenger cars, 4WD owners should be cautious when driving on beaches or off-road tracks. Even though you might lower the tyre pressure for better traction, it could land you a defect notice, as those surfaces still count as roads.
6. Missing H-Pattern Sticker Changing your gear knob in a manual car? Make sure your H-pattern sticker (the layout of gears) is still visible. Many drivers have been fined for not displaying this, even though it’s not a clear-cut rule across all states. Enforcement officers often use broader safety regulations to issue defect notices in these cases.

Defect Notices Can Happen Anywhere

You might think you’re safe from a defect notice while your car is in the workshop, but police have the authority to inspect vehicles anywhere—even when they’re being repaired. Under Section 76(1) of the Road Transport Act 2013, officers can issue defect notices for vehicles parked in driveways, garages, or even in workshops. There have been instances where entire workshops were targeted, and cars under repair received defect notices without ever hitting the road.

Stay Safe, Stay Informed

The power to issue defect notices gives police officers a wide range of discretion when it comes to determining whether a vehicle is safe or not. That’s why it’s crucial to stay on top of your vehicle’s maintenance and ensure even minor details, like tyre pressure or wiper fluid, are in check.

In short, your car doesn’t need to be heavily modified to get a defect notice. A simple oversight could result in fines, demerit points, and a long list of repairs. So, be proactive and keep your vehicle in good condition to avoid any unwanted surprises.