So, if you were selling a car and getting your safety certificate, would a car pass or fail if the recall hasn't been rectified?
The next question of course, is....
Lets say, a car purchased a week ago, is involved in a prang and air bag injury or death occurs.
Is the person who checked off on the "Safety Cert" now in a situation where he can be sued, as the said car had faulty parts fitted.
The same would apply in NSW, you guys still have an annual check?
Unless the recall has been done with paperwork to prove it, i wouldn't be signing off on any roadworthy/safety certificates in a pink fit.
With the ambulance chasers always sniffing out a way to screw someone, its gunna happen.
Now its a national recall by the government, no-one can really plead ignorant in this situation anymore.
"These are the legal requirements for sellers, according to the ACCC
If a car has been recalled, dealerships and businesses are required to have had the airbags replaced before selling them second-hand (though consumers should still double-check themselves that this has taken place)
If a private individual is selling a car that's been recalled, there are no such legal requirements — they don't need to have had the airbags replaced prior to selling, and nor do they need to disclose the fact that the car has been recalled
However, it's not just about legal obligations
Paul Turner, spokesperson for motorist organisation RACQ, said it's about ensuring "transparency between buyer and seller".
He says people trying to sell second-hand cars at the moment should be telling potential buyers whether they've received a recall notice and whether the airbags have been replaced.
And even if sellers haven't received a recall notice, they should still be telling potential buyers if the car is on the list of affected vehicles.
"If they've done that, they've probably fulfilled their obligation," Mr Turner said.
As a buyer, there are ways you can protect yourself
Mr Turner says this doesn't necessarily mean steering clear of potentially affected vehicles, especially since we're talking about millions of them.
"You would seriously limit your market at the moment," he said.
Instead, Mr Turner says you need to take the right steps to ensure you're informed.
Is your car on the list?
Find out if your car is part of the biggest recall in automotive history.
"The way to protect yourself is to get the Vehicle Identification Number — the VIN — of the vehicle you want to purchase, and check either directly with the manufacturer or the local dealership for that mark," Mr Turner said.
"That will tell you then whether that vehicle has already been in for the recall and had its airbag replaced."
