Authorised Inspection Scheme
Your AIS authorities are a valuable business asset. Don’t let a misunderstanding put yours at risk.
It is important to take the right action as soon as the RMS flags a potential suspension or cancellation of your AIS examiner authority or AIS proprietor’s authority.
Our team is uniquely placed to help you. With over a decade working in the field, and an ex-RMS prosecutor on the team, we not only know the law back to front, we know the industry.
Contact us to speak with one of our Sydney AIS lawyers about how we can help you.
What do I do if an inspector comes to my AIS station?
Let them in and comply with their requests – They will ask to see all of your AIS signage, your registrations with Fair Trading, some of your paperwork, as well as the tools you use for inspections.
Be aware that anything you say may be used against you – The inspector may ask you to give an interview. What you say will be recorded by the inspector and will form part of the basis for any decisions made by the RMS about your authorities. It will become evidence if you appeal an RMS decision to court.
Don’t bend the truth – Your character is an important part of the criteria for holding AIS authorities. So lying to the inspector can result in a decision to suspend or cancel your authorities.
If in doubt, call a lawyer for advice.
How do I reply to a show cause letter for AIS authorities?
The show cause process gives you an opportunity to avoid or minimise the suspension and cancellation of your authorities.
It is important not to ignore the show cause letter. If you fail to respond by the due date your AIS examiner authority or AIS proprietor authority will almost certainly be suspended or cancelled.
Prepare your response carefully. Anything you put in it will not only be used by the RMS to make its decision, but will also be used against you if the matter needs to go to court. So it’s important that you get it right.
We strongly recommend giving us a call if you have received a show cause letter. We can help with drafting a response that gives the best chance of your matter ending there but also preserves your position if you have to go to court.
How can I save my AIS authorities if I have been suspended or cancelled?
You can appeal against the RMS decision to a Local Court.
The magistrate will decide whether they think you are a fit and proper person to hold an AIS examiner or AIS proprietor authority. They will listen to both the RMS case and your side of the story before making a decision.
The Court will decide to do one of three things:
1. Allow your appeal – you keep your authorities;
2. Vary the RMS decision – e.g. shortening your suspension.
3. Refuse your appeal – the RMS decision stands.
Be aware that there are strict timeframes for lodging your appeal.
Contact us to discuss your chances of successfully fighting the RMS decision.
How do I prepare for an AIS appeal?
The magistrate will be interested in the following:
- Are the RMS allegations true?
- If so, what caused your mistake?
- What you have done to ensure you comply with the rules in the future?
You should gather evidence to prove what you want to say. For example, proof that the RMS inspector made a mistake, character references, or evidence of new procedures you’ve implemented.
Sometimes asking to do the Tafe course again is helpful. This shows that you are taking it seriously and brushing up on the rules. It can be a strong argument where you have held authorities for decades.
Can I keep working until the Court decides my appeal?
Generally, lodging an appeal pauses the RMS decision, so you can keep doing inspections in the meantime. But this is not always the case, so it is important to confirm with the RMS.
Roads and Maritime Services authorises examiners and proprietors pursuant to clauses 68 and 69 of the Road Transport (Vehicle Registration) Regulation 2017.
The AIS Rules are made by the RMS pursuant to clause 70 of the Road Transport (Vehicle Registration) Regulation 2017, which also makes it a condition of each authority that the holder of the authority must comply with the AIS Rules.
Clause 72 of the Road Transport (Vehicle Registration) Regulation 2017 provides that Roads and Maritime may suspend or cancel an authority for breaches of conditions (including the AIS Rules) and in other circumstances.Appeals may be made to the Local Court pursuant to section 267 of the Road Transport Act 2013.
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