Supplemtary Business Rules for e-Safety Check · What is an e–Safety Check Authorised Inspection...

Supplementary Business Rules for

e – Safety Check

Supplementary Business Rules for e-Safety Check April 2002

Table of Contents About this supplementary rules manual Definitions Section 1 Rule Business Rules

Where to get advice 40 Premises and Equipment Specification 41 Responsibilities of Proprietor, Proprietors Nominee and Alternate Nominee 42 Responsibilities of Examiners 43 Inspection Reports 44 Using e-Safety Check Inspection Reports 45 Interactive Voice Response 46

Section 2 Number Appendices

Recommended computer equipment for the Internet App 1 Obtaining Internet connection to e-Safety Check App 2 Sign Specifications App 3 Terms and Conditions of Use for e-Safety Check System App 4


About this Manual Purpose and Audience The purpose of this supplementary Rules manual is to provide e-Safety Check personnel with additional Rules that affect e-Safety Check and has been issued as part of the e-Safety Check Starter Pack prior to its inclusion in the Rules for Authorised Inspection Stations. This supplementary manual is for use by personnel of Authorised Safety Check Inspection Stations (ASCIS) as part of the Authorised Inspection Station Scheme who are authorised by the RTA to issue e-Safety Check inspection reports on all light vehicles up to 5 tonnes tare except vehicles fitted with power operated brakes, motorcycles, light trailers and caravans. How to use this manual This manual must be read in conjunction with the Rules For Authorised Inspection Station (Light Vehicles). This manual must be used to familiarise accredited e-Safety Check personnel with their obligations and responsibilities under the standards set down by the RTA including the issue of inspection reports electronically. This manual is divided into two broad areas, the additional business rules that effect e-Safety Check and the Terms and Conditions of Use for e-Safety Check system. Definitions e-Safety Check: Electronic transmission of inspection report details ISP: Internet Service Provider IVR: Interactive Voice Response Inspection Report form: Authorised Inspection Station Safety Inspection Report

will be known throughout the Business Rules for e-Safety Check as Inspection Report.


Where to get Advice Rule 40 40.01 For advice on e-Safety Check system problems, accredited e-Safety

Check personnel should contact the RTA DRIVES Help Desk. PH:1300 131 172 Note: The RTA’s Technical Enquiries Unit is unable to assist with enquiries about e-Safety Check System problems.

Premises and Equipment Rule 41 What is an e–Safety Check Authorised Inspection Station 41.01 An e–Safety Check Authorised Inspection Station is an Authorised

Safety Check Inspection Station that is accredited to conduct Safety Check Inspections and prepare the Inspection Report electronically. There are 2 ways of transmitting electronic inspection reports: 1) Internet. 2) Telephone - using the Interactive Voice Response System

(IVR).

41.02 An e–Safety Check Authorised Inspection Station must meet the same requirements as an ASCIS.

Signs and Advertising

41.03 An e-Safety Check Authorised Inspection Station must display in a

position that is visible to motorists, an e-Safety Check Sign of RTA approved design and size.

Equipment Specifications 41.04 In addition to the normal requirements of an ASCIS, an e-Safety Check

Authorised Inspection Station must have the following equipment and be prepared to upgrade as required by future system enhancements: • For transmission of Inspection Report details by the Internet – See

Appendices 1, Recommended computer equipment for the Internet and Appendices 2, Obtaining Internet connection to e-Safety Check.

• For transmission of Inspection Report details by the Interactive Voice Response System – a touch tone telephone handset.

Note: Costs associated with Internet and Interactive Voice Response usage will be at the users own expense.


Responsibilities of Proprietor, Proprietors Nominee and Alternate Nominee Rule 42 42.01 Unless otherwise stated, all references to the Proprietor’s

responsibilities described in these rules also apply to the Proprietor’s Nominee and Alternate Nominee.

42.02 The Proprietor must comply with all the requirements of Rules for Authorised Inspection Stations unless stated otherwise in these supplementary rules.

42.03 The Proprietor must ensure that only authorised staff access the e-Safety Check system on behalf of the station for authorised purposes.

42.04 The Proprietor must ensure that AIS copies of all Inspection Reports issued using the e-Safety Check system are filed in a secure manner in chronological (date) order.

42.05 The Proprietor must ensure they account for every e-Safety Check Inspection Report issued through their AIS.

42.06 Any inappropriate use of the e-Safety Check system must be reported to the RTA’s Technical Enquiries.

42.07 The Proprietor must ensure that Authorised e-Safety Check Examiners have access to suitable equipment to complete electronic inspection reports.

42.08 The Proprietor must ensure that no access is permitted to the e-Safety Check system whilst the AIS is inactive.

42.09 The Proprietor must not give any other person access to their password.

42.10 The Proprietor must ensure that Authorised e-Safety Check Examiners do not disclose their password.

42.11 If the equipment required for electronic issued Inspection Reports fail, the Proprietor must have this rectified within 5 working days, or notify the RTA where this is not possible.

42.12 The Proprietor must ensure the system is used to immediately provide all Inspection Reports electronically on the vehicles inspected by the e-Safety Check Authorised Inspection Station. This will not apply where the e-Safety Check Authorised Inspection Station is unable to access the system due to reasons beyond the control of the Proprietor, eg. System failure.


42.13 The Proprietor must ensure that where the Examiner is not able to login to the e-Safety Check System, the RTA is to be notified immediately.

42.14 The Proprietor must ensure that electronic inspection reports are only provided using the system they are accredited to use, either the Internet or Interactive Voice Response System.

42.15 If a Proprietor misuses any Personal Information, the RTA may suspend or terminate a Proprietor’s: a) accreditation to use the System; and b) authority for the Scheme.


Responsibilities of Examiners Rule 43 43.01 The Authorised e-Safety Check Accredited Examiner must:

a) Comply with all the requirements of the Rules for Authorised Inspection Stations unless otherwise stated in these supplementary rules.

b) Only access the e-Safety Check system at the premises they are authorised at.

c) Not give any other person access to their password.

d) Ensure the system is used to immediately provide all Inspection Reports electronically on the vehicles inspected by the Examiner. This will not apply where the e-Safety Check Authorised Inspection Station is unable to access the system due to reasons beyond the control of the Examiner, eg. System failure.

e) Only provide electronic inspection reports using the e-Safety Check system they are accredited to use, either the Internet or Interactive Voice Response System.

43.02 The Authorised e-Safety Check Accredited Examiner must notify the

RTA immediately where they are not able to login to the e-Safety Check System.

43.03 If an Examiner misuses any Personal Information, the RTA may

suspend or terminate an Examiner’s: a) accreditation to use the System; and b) authority for the Scheme.


Inspection Reports Rule 44 Types of Inspection Reports

44.01 As well as general Safety Inspection Reports, e-Safety Check

accredited AIS can issue electronic Safety Inspection Reports.

44.02 Internet – Inspections recorded via the Internet e-Safety Check System are not required to be provided on the monthly AIS report. Where the system is unavailable, the issue of a manual Inspection Report be recorded on the monthly AIS report. IVR – AIS using the IVR system must still complete monthly AIS reports.

44.03 Hard copies of all electronic Inspection Reports must be kept for a period of 12 months. They must be kept in a secure place at the AIS and must be made available at any time for examination by an Authorised Officer of the RTA.

44.04 If an AIS ceases trading from its approved premises, or a suspension or cancellation of the AIS authorisation is invoked, or an AIS relinquishes its authority, the AIS must immediately surrender all books of Inspection Reports, whether completed or not, all hard copies of the electronic issued Inspection Reports to an Authorised Officer of the RTA or to their designated Motor Registry. A receipt will be issued for the Inspection Reports.


Using e-Safety Check Inspection Reports Rule 45 45.01 Internet – The electronic Inspection Report for the Internet system

requires two hard copies to be printed. One is to be given to the customer and the other copy to be kept on file at the AIS.

45.02 Internet – Where brake performance tests are required, the original print out from the brake testing equipment must be attached to the customer’s hard copy of their passed electronic Inspection Report and the duplicate attached to the AIS copy. Note: If the vehicle fails inspection for other than the brake performance test, both copies of the brake performance test should be attached to the AIS copy. If the vehicle is later passed, the original can be attached to the passed customer’s copy of the inspection report. If the vehicle fails the brake performance test, then the original copy is attached to the customer’s fail copy of the Inspection Report and the duplicate to the AIS copy of the Inspection Report.

System/equipment failure 45.03 If an Internet e-Safety Check AIS experiences a system or equipment

failure, it will be necessary to complete a manual Safety Check Inspection Report. If an Internet e-Safety Check number is returned indicating that the inspection was successfully transmitted electronically, but an inspection report cannot be produced (eg. printer failure), it will be necessary to record the number and the reason for issuing a manual pink slip when completing the manual Safety Check Inspection Report.


Interactive Voice Response Rule 46 46.01 When an IVR e-Safety Check number is returned to the Examiner by

telephone, the number issued is to be recorded on the manual Safety Inspection Report.

46.02 IVR – Where brake performance tests are required, attach the print outs as per the current procedure for manual Safety Inspection Reports. Refer Rule 12.08.

46.03 a) Inspection Report forms used for the Internet are a different colour to those in Rule 12, but the procedures are generally the same. b) For the IVR System, Examiners use the manual Inspection Report forms, which are the same colour as in Rule 12.

System/equipment failure 46.04 If an e-Safety Check Authorised Inspection Station using the IVR has a

system failure, it will be necessary to complete the Safety Inspection Report without an e-Safety Check number and advise the customer that electronic renewal of their registration will not be available. The Examiner must include in the comment/repairs needed section of the Inspection Report, the reason for the absence of the e-Safety Check number.


Appendix 1:

Recommended Computer Equipment for the Internet If you choose the Internet to provide your e-Safety Check inspection reports to the RTA, the following recommended computer requirements will apply. Minimum recommended hardware requirements: - Pentium II Processor - 64 MB RAM - 20 MB free hard disk space - 17" monitor - 8 speed CD-ROM - Inkjet Printer Minimum recommended operating system requirements: - Windows 95 - Windows 98 - Windows NT 4.x Minimum recommended Internet requirements: - 56 Kbps v.90 modem (internal or external) - Internet Service Provider (ISP) Minimum recommended Internet Browser requirements: - Internet Explorer v5.x - Netscape v4.7 Note: If you require further information on the technical aspects of your Internet connection, contact your Internet Service Provider.

Costs associated with Internet usage will be at the user's own expense


Appendix 2:

Obtaining Internet Connection to e-Safety Check If you choose to provide your e-Safety Check inspection reports to the RTA using the Internet application, there will be some things you will need to do: 1. Obtain RTA authority to access e-Safety Check on-line. 2. Complete the forms included in the Information Pack. Before you complete

the RTA forms you must read the accompanying Terms and Conditions of Use for e-Safety Check System.

3. Ensure that you will have the necessary computer equipment and Internet

access to use e-Safety Check. Contact your computer supplier or Internet Service Provider for more information.

4. When the forms are completed they must be mailed to the address

indicated on each form. You will be notified when your application has been processed.

5. It is recommended you read Appendix 1 “Recommended Computer

Equipment for the Internet” before contacting your Internet Service Provider.

Note: Costs associated with Internet usage will be at the user's own expense



Terms & Conditions of Use for e- Safety Check™ system Appendix 4 1. BACKGROUND

The Roads & Traffic Authority of New South Wales (RTA) has developed the e-Safety Check system (System) for use by Authorised Safety Check Inspection Stations (ASCIS) as part of the Authorised Inspection Station Scheme (Scheme) and with the aim of improving the efficiency and standard of customer services. The System enables Proprietors and Examiners to electronically submit vehicle inspection information to the RTA using the telephone and the Internet. This document contains the terms and conditions pursuant to which Proprietors and Examiners may use the System.

2. INTERPRETATION

In this document a “Proprietor” is the proprietor or the nominee of a proprietor of an ASCIS under the Scheme and an “Examiner” is an ASCIS examiner under the Scheme. “Personal Information” has the same meaning as in the Privacy and Personal Information Protection Act 1998 (NSW) and any Information Protection Principles issued under such Act. The terms and conditions contained in clauses 3 to 9 apply to a Proprietor or Examiner who is accredited by the RTA to use the System.

The terms and conditions applying to the Scheme also apply to the use by a Proprietor and an Examiner of the System. In

the event of any inconsistency between these terms and conditions and the terms and conditions applying to the Scheme, these terms and conditions prevail to the extent of the inconsistency.

3. ACCREDITATION TO USE THE SYSTEM

All users must be accredited

Only persons accredited to use the System by the RTA may use the System. The RTA may accredit Proprietors and Examiners to use the System.

The accreditation process

3.2.1 A Proprietor who seeks to use the System must first apply for accreditation to use the System by completing,

signing and delivering to the RTA the Proprietor Accreditation e-Safety Check form. 3.2.2 An Examiner who seeks to use the System must first apply for accreditation to use the System by completing,

signing and delivering to the RTA the Examiner Accreditation e-Safety Check form. 3.2.3 The RTA will advise Proprietors and Examiners in writing if they are accredited to use the System. The RTA may

accept or reject an application to use the System. 3.2.4 Where the RTA rejects an application from a Proprietor or Examiner to use the System, the Proprietor or Examiner

may make further representations to the RTA as to why the application to use the System should be accepted by the RTA.

4. USE OF THE SYSTEM

Permitted use

Each Proprietor and Examiner may use the System for the sole purposes of submitting vehicle inspection information to the RTA and receiving information on the Scheme and System from the RTA.

Proprietor and Examiners must use the System

Each Proprietor and Examiner must use the System to electronically provide to the RTA all safety inspection reports on each vehicle inspected by the Proprietor and/or the Examiner pursuant to the Scheme. The safety inspection report must be provided to the RTA before it is provided to the customer. This clause will not apply during any period when a Proprietor or an Examiner is unable to access the System due to reasons beyond the control of the Proprietor and the Examiner, such as when the System is unavailable.


Records, Systems, Processes and Equipment The RTA accepts no responsibility for any hardware, software or other systems, equipment or processes used by any

Proprietor or Examiner in connection with the use of the System. The RTA is not responsible for any costs or expenses incurred by a Proprietor or an Examiner in using the System including any connection charges.

User IDs and passwords

Each Proprietor and Examiner will be provided with a unique identification number (user ID) and a PIN which are required to access the System. The user ID may be recorded by the RTA for security and audit reasons against all information submitted by each Proprietor and Examiner.

Each Proprietor and Examiner must:

keep their PIN secure and separate from user IDs; ensure that their PIN is not used by or available to any other person; and log out of the System (in the case of Internet access to the System) when vacating the terminal from which the

Proprietor or Examiner has accessed the System. If a Proprietor or an Examiner knows or suspects that another person knows or may know the Proprietor’s or

Examiner’s PIN for accessing the System, the Proprietor or Examiner must immediately:

change their PIN (to the extent that they are able to); and advise the RTA of such occurrence or suspicion.

Rules and Directions

Each Proprietor and Examiner must promptly comply with any guidelines or directions issued by the RTA from time to time in relation to the System.

5. e-SAFETY CHECK INFORMATION

Entering Information

Each: 5.1.1 Proprietor in relation to information submitted using the System by:

5.1.1.1 that Proprietor; and 5.1.1.2 each Examiner engaged by that Proprietor; and

5.1.2 Examiner in relation to the information submitted using the System by that Examiner,

must ensure that the information submitted:

5.1.3 is complete, correct and accurate; and

5.1.4 complies with:

5.1.4.1 all applicable laws; and 5.1.4.2 any RTA business rules and/or other written RTA guidelines including the Rules.

Audit

Each Proprietor and Examiner:


acknowledges that the RTA may from time to time audit compliance with these terms and conditions; agrees upon request to promptly give the RTA or its nominee access to relevant ASCIS records held by or under the

control of that Proprietor or Examiner; and agrees to be available to the RTA or its nominee upon request in order for the RTA or its nominee to conduct the audit.

6. ACKNOWLEDGMENTS AND LIABILITY

Acknowledgments

Each Proprietor and Examiner acknowledges that the RTA does not represent or warrant:

that the System will be available at any particular time; 6.1.1.2 that each Proprietor or Examiner will be able to use the System including, without limitation, with any

computer hardware or software used by the Proprietor or Examiner; or 6.1.1.3 that the system is or will remain error free or free from any computer virus, defect or contamination.

Each Proprietor and Examiner acknowledges that:

monetary damages for a breach of these terms and conditions by the Proprietor or Examiner will be insufficient to

compensate the RTA for such a breach; and 6.1.2.2 in addition to any other remedy available at law the RTA is entitled to injunctive relief to prevent a breach of and to compel specific performance of the terms of this document. RTA liability

Subject to clause 6.3, the RTA excludes all liability (in contract, tort including negligence, under statute or otherwise arising) to each Proprietor, Examiner and any third parties in respect of any direct or indirect loss, damage, claim or expense arising out of or in connection with a Proprietor’s or an Examiner’s use of the System.

Each Proprietor indemnifies and will keep indemnified the RTA against all liability, loss, damage, claims, causes of

action, costs and expenses directly or indirectly arising from or in connection with the submission by that Proprietor or any Examiner engaged by that Proprietor of safety inspection reports or other information which are negligently prepared or are misleading or fraudulent.

Each Examiner indemnifies and will keep indemnified the RTA against all liability, loss, damage, claims, causes of

action, costs and expenses directly or indirectly arising from or in connection with the submission by that Examiner of safety inspection reports or other information which are negligently prepared or are misleading or fraudulent.

Exclusion of terms

If the Trade Practices Act 1974 (Cth) (Act) or similar legislation applies to these terms and conditions at any time (which is not admitted by the RTA), nothing in these terms and conditions excludes or limits any liability the RTA may have under the Act or similar legislation that the RTA is not permitted by law to exclude or limit, including liability to a “consumer” (as that term is defined in that Act). The RTA limits any liability it has to such a consumer for breach of a warranty implied under the Act or similar legislation to resupplying the services in respect of which the breach occurred.

Except as otherwise expressly stated in these terms and conditions, all terms, conditions, warranties, undertakings,

inducements or representations whether express or implied, statutory or otherwise relating to the System and to these terms and conditions are excluded to the fullest extent permissible at law.

7. TERM AND TERMINATION

Duration

Each Proprietor and Examiner may use the System from the date they are accredited to do so until the earlier of: the date the Proprietor’s or the Examiner’s use of the System is terminated pursuant to clause 7.2; or


the date the RTA advises the Proprietor and the Examiner that use of the System will cease. Termination

The RTA may at its discretion by notice to the Proprietor immediately terminate the use of a Proprietor or Examiner of the System.

The Proprietor or an Examiner may terminate use of the System by giving a minimum of 7 calendar days written notice

of its intention to terminate to the RTA.

Termination is without prejudice to any accrued rights or remedies of the parties. Suspension The RTA may suspend a Proprietor or Examiner from using the System in accordance with the RTA rules for the AIS.

8. PRIVACY Where a Proprietor or Examiner is required to collect confidential or Personal Information, then the Proprietor or Examiner

must comply with privacy legislation and advise the person giving such information that it is being obtained for RTA and for what purpose.

If a Proprietor or Examiner misuses any Personal Information, the RTA may suspend or terminate a Proprietor’s or

Examiner’s:

accreditation to use the System; and authority for the Scheme.

The RTA may at its discretion use the e-Safety Check business details which a Proprietor or Examiner provides in its

application to promote the e-Safety Check system by disclosing the business details to the public.

9. GENERAL Proprietors and Examiners must not assign, sub-contract or otherwise transfer any or all of their rights or obligations

granted under these terms and conditions except with the prior written consent of the RTA. Nothing in these terms or conditions will create, or be deemed to create, a partnership, the relationship of principal and

agent or the relationship of employer and employee between the RTA and a Proprietor or Examiner. Each Proprietor and Examiner must not represent themselves as an agent of the RTA and will have no authority to enter into any obligations on behalf of the RTA or to bind the RTA in any way.

These terms and conditions may only be amended by the RTA and may be amended by notice to a Proprietor or Examiner

including as specified on the RTA’s home page for Internet access for the System. These terms and conditions are governed by and construed in accordance with the laws of New South Wales and the parties

submit to the exclusive jurisdiction of the Courts of New South Wales.

Supplemtary Business Rules for e-Safety Check · What is an e–Safety Check Authorised Inspection...

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