Unsafe Vehicle Defect Notice: Tell the Dealer Your Car Is Unsafe to Drive
Your car has a fault that makes it unsafe: brakes, steering, structural rust, stalling, or a defect notice from police or transport? This $29 notice tells the dealer in writing that the vehicle is unsafe, that an unsafe vehicle is a major failure under the Australian Consumer Law, asks them to collect it at their cost, and sets out your remedy and deadline.
What this document does
- A written notice to the dealer that the vehicle is unsafe, and why
- Any mechanic's finding or defect notice quoted exactly
- That an unsafe vehicle is a major failure under the Australian Consumer Law
- Collection by the dealer at its cost, because you should not drive it
- Your choice of refund, replacement or an urgent repair with a loan car, with a 7-day deadline
- Where to report the safety concern, and your next step if the dealer does nothing
What we'll ask you
Plain-English questions, one at a time. No legal knowledge needed — if you don't know an answer exactly, your best estimate is fine.
- Which dealer sold you the vehicle?
- Is the dealer a company (its name ends in Pty Ltd or Ltd) or a person or sole trader?
- Which state or territory do you live in?
- What is the vehicle? Make, model, year, rego or VIN, new or used, when you bought it, what you paid and the kilometres now.
- What is the safety problem, when did it start, and has anyone said it is unsafe or unroadworthy (a mechanic, police or a transport inspector)? Include any defect notice number.
- Where is the vehicle now?
- What do you want?
- What did you pay for the vehicle (drive-away)?
- You approve it before it is sent
- 2 free amendments included
- All Australian states and territories
- Stripe secured · 256-bit encrypted
Unsafe Vehicle Notice — drafted to the right state law
One document, eight jurisdictions. We only ever cite the Act, regulator and tribunal for your state, so nothing from another jurisdiction bleeds into your unsafe vehicle notice.
New South Wales
NEW SOUTH WALES DEALER GUARANTEE (in addition to the Australian Consumer Law. A motor dealer (anyone carrying on the business of dealing in motor vehicles, s 5.
Consumer regulator: NSW Fair Trading
Consumer money claims: NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division
Victoria
VICTORIA (dealer located in Victoria). STATE DEALER WARRANTY: Motor Car Traders Act 1986 (Vic) s 54, which is part of the sale contract (s 54(2)) and binds any motor car trader, meaning a person carrying on the business of trading in motor cars, licensed or not (s 3).
Consumer regulator: Consumer Affairs Victoria
Consumer money claims: Victorian Civil and Administrative Tribunal (VCAT), Civil Claims List
Queensland
QUEENSLAND DEALER STATUTORY WARRANTY (in addition to the Australian Consumer Law. A warranted vehicle is a used motor vehicle other than a motorcycle, a commercial vehicle (built mainly for carrying or hauling goods, or designed to carry more than 9 persons.
Consumer regulator: Office of Fair Trading (Queensland)
Consumer money claims: Queensland Civil and Administrative Tribunal (QCAT)
Western Australia
WESTERN AUSTRALIA (the dealer's state). STATE DEALER WARRANTY: Motor Vehicle Dealers Act 1973 (WA) ss 34-34F, which is in addition to the Australian Consumer Law (s 47: the Act does not limit any right the buyer would otherwise have).
Consumer regulator: Consumer Protection WA (Department of Local Government, Industry Regulation and Safety)
Consumer money claims: Magistrates Court of Western Australia
South Australia
SOUTH AUSTRALIA (the dealer's state). STATE DUTY TO REPAIR: Second-hand Vehicle Dealers Act 1995 (SA) s 23, which is in addition to, and does not derogate from, any other Act or civil remedy, including the Australian Consumer Law (s 5).
Consumer regulator: Consumer and Business Services (CBS) South Australia
Consumer money claims: Magistrates Court of South Australia
Tasmania
TASMANIA (dealer located in Tasmania). STATE DEALER WARRANTY: Motor Vehicle Traders Act 2011 (Tas) Part 4.
Consumer regulator: Consumer Affairs Tasmania
Consumer money claims: Magistrates Court of Tasmania, Civil Division
Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY STATUTORY WARRANTY (in addition to the Australian Consumer Law.
Consumer regulator: Access Canberra (Fair Trading)
Consumer money claims: ACT Civil and Administrative Tribunal (ACAT)
Northern Territory
NORTHERN TERRITORY DEALER'S DUTY TO REPAIR (in addition to the Australian Consumer Law; s 168(6)(b) says nothing in s 168 derogates from ACL ss 54 and 55): Consumer Affairs and Fair Trading Act 1990 (NT) (CAFTA) Part 10, Division 5, Subdivision C, ss 168-171 (s 168 'Obligation of dealer to repair certain defects').
Consumer regulator: NT Consumer Affairs
Consumer money claims: Northern Territory Civil and Administrative Tribunal (NTCAT)
From your answers to a finished Unsafe Vehicle Notice in three steps
Answer 8 quick questions
Who it’s about, what happened and what you want. Plain English, one question at a time.
We draft it for your state
Your Unsafe Vehicle Defect Notice: Tell the Dealer Your Car Is Unsafe to Drive is drafted to the legislation, regulator and tribunal for your state or territory, then formatted as a professional PDF. Usually ready within about five minutes.
Review, approve, sent
The draft lands in your dashboard for you to check. Nothing goes to the other party until you approve it — then we email it on your behalf and record the delivery. Two free amendments included.
Ready? Start now.
No card required until the end. No account needed to start.
Start My Unsafe Vehicle Notice — $29 →$29 flat fee · You approve it before it is sent · edit it yourself any time, plus 2 redrafts
Everything about the Unsafe Vehicle Defect Notice: Tell the Dealer Your Car Is Unsafe to Drive
How much does the Unsafe Vehicle Notice cost?
A flat $29 AUD, including GST. There is no card required to start, no subscription and no hourly rate — you see the full summary of your answers before you pay.
How long does it take?
There are 8 questions, which take a few minutes to answer. You see a full summary of your answers before you pay; your document is drafted once your payment is confirmed.
Is it sent automatically, or do I see it first?
You see it first. The draft lands in your dashboard for review; nothing goes to the other party until you approve it. Once you approve, we email it on your behalf and record the delivery.
What if I need changes?
You read the full Unsafe Vehicle Notice on your dashboard before anything is sent. You can change the wording yourself or ask for a redraft, with unlimited edits and 2 redrafts included.
Does it work in my state?
Yes. The Unsafe Vehicle Defect Notice: Tell the Dealer Your Car Is Unsafe to Drive is drafted to the law of the state or territory the matter is in — NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT — citing the right Act, regulator and tribunal or court for that state.
Should I keep driving it until the dealer responds?
If a mechanic or an inspector says it is unsafe, do not drive it. The notice says you have stopped driving it for safety reasons and asks the dealer to collect it.
Is Claim Done a law firm?
No. Claim Done drafts documents from your answers. It is not a law firm and does not give legal advice. Your state Fair Trading or consumer affairs office and the ACCC can explain your rights for free, and Legal Aid or a community legal centre can help with a complex or high-value matter.
Other government & complaints documents
Put it in writing today.
A few quick questions and your Unsafe Vehicle Defect Notice: Tell the Dealer Your Car Is Unsafe to Drive is drafted for your state. No card required until the end.
Start My Unsafe Vehicle Notice — $29 →