A member asked almost 9 years ago

traffic fine

I purchased a car from a car dealership. Approx 1 year later I was fined by police and told that my car was unregistered and unroadworthy and therefor not insured. there was an error on the part of the dealership by not transferring the ownership of the car into my name.  Am due to attend court  wed, how do l defend myself ? The car dealership hasn't provided me with the original contract. Consumer affairs is aware of ongoings.



Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are in a difficult position. It appears that your court date may have already passed. For that reason, the information below is general in nature and may be relevant to your situation.


In Victoria, all vehicles used on public roads must be registered. You can purchase a ‘registered vehicle’ from a dealer if its registration is current or expired within the past 3 months. You appear to have been under the impression that the vehicle was registered when you purchased it. If this was true, the dealer is required by law to obtain a Certificate of Roadworthiness and to transfer registration into your name within 14 days of the sale. If you believe the dealer did not do their job properly, you should lodge a complaint with Consumer Affairs Victoria, as you have done. They are best placed to help you investigate your situation and possibly provide a solution.


However, you must remember that vehicle registration in Victoria is paid on an annual basis. After you purchased the vehicle, you became responsible for ensuring its registration is renewed each year. If more than 12 months had passed after the date of purchase and you failed to renew your registration, or failed to make enquiries as to your vehicle’s registration status, you may be held responsible for driving an unregistered vehicle.


In court, you have the option of pleading guilty and accepting the fine or pleading not guilty and defending yourself. If you choose to defend the fine, you will be given an opportunity by the Magistrate to explain your situation. You can tell them that the dealer failed to transfer the registration into your name at the time of purchase. You should provide written evidence and supporting documentation where possible. If you do not have any written evidence and you failed to make enquiries about the registration status of your vehicle, a court is unlikely to accept your defence and you may be liable to pay the fine.


Suggested way forward

Defending an action in court can be complicated, especially if there is a lack of evidence. Speaking to a lawyer will help you understand your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 9 years ago   Legal disclaimer

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