Key requirements under the Motor Vehicle Dealers Act
As a licensed motor vehicle dealer you must:
Ensure your licence is current and that you have a current certificate of authorised premises for your place of business.
Ensure that the motor vehicle salespersons and yard managers you employ have a current licence issued by the Commissioner for Consumer Protection.
Ensure that you have a dealer's register (Form 1) for each authorised premises you operate and that it is updated daily.
Use the content from prescribed forms set out in the Motor Vehicle Dealers (Sales) Regulations 1974, when displaying a vehicle for sale and when you sell a vehicle. Note that additional rows can be inserted in the Form 1 to record additional transactions.
Ensure sales contracts include the particulars, terms, and conditions prescribed in the Regulations.
Ensure a licensed motor vehicle dealer or yard manager is in charge of each separate place of business in a multi-site operation.
Establish and maintain office systems to keep accurate records, including systems for a transaction register, trust account (where applicable) and business account.
Ensure motor vehicle sales premises, including signage, are approved by the relevant local government authority.
Know your responsibilities under the Motor Vehicle Dealers Act and Regulations. Dealers can view the Motor Vehicle Dealers Act free online on the Western Australian Legislation website.
Keep your sales stock within the boundaries of your licensed premises.
Publish your dealer name and licence number in all advertisements.
Open a trust account if you engage in consignment selling.
We also recommend that you:
Display your licence in a prominent position so that it can be seen clearly by the public.
Ensure motor vehicle salespeople's licences are available to show anyone involved in a motor dealing transaction.
Maintain licensed employees' details, including the expiry date of their certificates, in the dealership's employment register.
Initiate and maintain a staff training program so that all salespersons are aware of their responsibilities to customers in the selling process.
Motor vehicle salespersons and yard managers must:
Inform the Commissioner for Consumer Protection in writing of any change of employment within 14 days of the change taking place.
Inform the Commissioner for Consumer Protection in writing of any change of residential address within 14 days of the change taking place.