Motor Accidents Act 1988 Order repealing earlier Order under the Act and determining maximum amounts of insurance premiums payable for the issue of third-party policies (1990-277) [GG No 62 of 11.5.1990] (NSW)
1990 - NO. 277
MOTOR ACCIDENTS ACT 1988 - ORDER
NEW SOUTH WALES
[Published in Gazette No. 62 of 11 May 1990]
I, John Robert Arthur DOWD, being the Minister of the Crown administering the provisions of the Motor Accidents Act 1988, do, by this my order:
repeal the order made pursuant to section 14 of that Act and published in Gazette No. 61 of 18 May 1989 at pages 2988-2994 and the order made pursuant to that section and published in Gazette No. 64 of 26 May 1989 at page 3113 which amended that order; and
| amounts of insurance premiums payable for the issue of determine, pursuant to section 14 of that Act, the maximum |
| third-party policies for the year commencing on 1 July 1990 for |
| motor vehicles of the classes specified in this my order to be the amounts calculated in accordance with the following Schedule. |
This order takes effect on 1 July 1990.
Dated 7 May 1990.
JOHN DOWD
Attorney General.
1990 - NO. 277
SCHEDULE
Definitions
1. (1) In this Schedule:
"class", in relation to a motor vehicle, means the classification
number specified in the Table to this Schedule for the motor
vehicle;
"implement trailer" means a trailer which is exempt from registration and which comprises a plough, rotary hoe, cultivator or road roller, or fire fighting apparatus or other machinery or apparatus, and is not constructed principally for the conveyance of persons or goods;
"Metropolitan District" means the County of Cumberland
(excluding any portion of the City of Wollongong) and the Parish
of Cowan in the County of Northumberland;
"motor car" means any motor vehicle constructed principally for the conveyance of persons and includes a self-propelled caravan;
"Newcastle District" means the Newcastle transport district established under the Transport Administration Act 1988;
"pensioner" means a person:
who is the holder of a Pensioner Health Benefits Card which is in force issued on behalf of the Commonwealth Department of Health by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans' Affairs; or
who is in receipt of a pension or other amount paid by the Commonwealth Department of Veterans' Affairs in respect of a war caused disability seriously affecting the person's powers of locomotion, being a pension or other amount (or a pension or other amount at a level) approved by the Roads and Traffic Authority for the purposes of this paragraph,
who is the holder of a licence which is in force to drive a motor vehicle, being a licence for which, pursuant to Regulation 5 of the Motor Traffic Regulations 1935, no fee was payable; or who is not the holder of a licence referred to in paragraph
(c) but:1990 - No. 277
(i) who has satisfied the Roads and Traffic Authority, by the production of a certificate from a medical practitioner, that the person is medically fit to drive a motor vehicle; or
(ii) who has otherwise satisfied the Roads and Traffic Authority that the person should be treated as a pensioner for the purposes of this Schedule;
" pensioner’s motor vehicle" means a motor vehicle:
which is solely owned by a pensioner or Jointly owned by 2
or more pensioners;
which is not used in the course of any trade, business or
profession or let out for hire;
which is used solely or principally by the pensioner or those
pensioners, as the case may be;
which is used substantially for social or domestic purposesor for pleasure; and
motor vehicles, approved for the time being by the Roads which does not weigh more than 2 tonnes or is a motor vehicle, or a motor vehicle of a class or description of and Traffic Authority,
"premium" means an insurance premium payable for the issue of a
third-party policy
"primary producer" means any person who cultivates or uses that
person's own land or that of another for that person's own benefit:
(a)
for the production of fruit, grain, flowers, vegetables, tobacco or farm or agricultural produce of any description;
(b)
for dairy farming, poultry or other bird farming, pig farming, beekeeping or oyster culture;
(c) as a nurseryman; or
(d)
as a pastoralist for the rearing or grazing of horses, cattle or sheep,
or who gathers leaves from which eucalyptus or other oil is to be
distilled;
"primary producer's vehicle" means any motor vehicle (not being a
motor vehicle which is used or let for hire):
(a)
which is owned by a primary producer and is used solely or principally
1998 - NO. 277
(i) for carting primary products produced by the primary producer or materials, provisions or commodities of any kind for use in the primary producer's business or occupation as a primary producer or in the primary producer's household; or
(ii) for purposes connected with the clearing of land to be cultivated or used by the primary producer for primary production; or
(b) which is owned by a rural society formed under the Co-operation Act 1923, where: (i) at least 75 per cent of the shares in the society are held by primary producers; and
(ii) the vehicle is used solely or principally for carting primary products produced by primary producers who are members of the society, or materials, provisions or commodities of any kind for use in their businesses or occupations as primary producers or in their households, or for carting primary products produced by the society or acquired by it from primary producers who are members of the society, or for purposes connected with the clearing of land to be cultivated or used by members of the society for primary production;
"tow-truck" means a motor lorry used for towing broken down or damaged vehicles and which comprises or has permanently fixed to the lorry a crane or similar apparatus for lifting a vehicle partially clear of the ground and is equipped to maintain it in such a position while towing it;
"Transport District" means the Metropolitan District, the Newcastle District and the Wollongong District;
"unladen weight" does not include the weight of any equipment affixed to a motor vehicle for the purposes of enabling the vehicle to be propelled by a type of fuel which the vehicle was not primarily designed to use, and, in the case of a motor vehicle propelled by electricity, does not include the weight of any electric batteries affixed to the vehicle;
1990 - NO. 277
" Wollongong District" means the City of Wollongong.
(2) For the purposes of this Schedule:
| (a) | a semi-trailer which is comprised in the registration of an articulated vehicle shall be taken to be part of the articulated vehicle, and not to be a trailer; and |
| (b) | a semi-trailer which is not comprised in the registration of an articulated vehicle shall be taken to be a trailer. |
(3) In this Schedule, a reference to a quarterly premium is a reference to the amount of the premium payable each quarter in relation to a third-party policy for a motor vehicle the registration fee for which is paid quarterly.
Amounts of premiums - year commencing 1 July 1990
2. (1) The amount of premium for a motor vehicle for the year commencing 1 July 1990 is:
if the premium is payable in respect of a period of 1 year - the amount specified in the Table to this Schedule (not being the amount specified as a quarterly premium) having regard to the class of the motor vehicle and the place at which the vehicle is usually garaged at the time the premium is payable; or
if the premium is payable by an applicant for the issue or
| renewal of a permit under Regulation 53A of the Motor Traffic Regulations 1935 in respect of any other period - an amount calculated at the rate of one-twelfth of the amount referred to in paragraph (a) for each month or part of a month in that period. |
(2) A premium for a Class 19 or 20 motor vehicle shall not be paid for a period of less than 1 year.
Taxi-cabs and private hire cars - place where vehicle is usually garaged
3. A Class 7 or 8 motor vehicle shall be taken to be usually garaged in the Transport District in which the vehicle is licensed to operate as a public motor vehicle under the Transport Licensing Act 1931.
1990 - NO. 277
Changes which increase premiums
4. (1) If, during the period for which a premium is payable, a change is made in the construction, use or ownership of the motor vehicle or in the place at which it is usually garaged or otherwise, and the change is of such a nature that an increased amount of premium could be charged if a premium were payable immediately after the change, the amount of premium to be charged in respect of the motor vehicle is, on and from the date of the change, increased by an amount calculated in accordance with subclause (2).
(2) The amount of the increase is the sum ascertained by adding together the proportionate amount for each month or part of a month in that portion of the period during which the change is effective, that proportionate amount to be calculated by taking the difference between the amount of premium to be charged in respect of the motor vehicle at the time the premium was payable and the amount of premium which would have been payable had that change been made prior to that time, and by dividing that difference by a number equivalent to the number of months (including any part of of a month) of the period for which the premium was payable.
Motor vehicle in 2 or more classes
5. If a motor vehicle is within 2 or more classes, the premium payable in respect of the motor vehicle is the highest premium prescribed by this Schedule for any of those classes.
Pensioners’ motor vehicles
6. A pensioner, in relation to the amount of premium payable in respect of a pensioner’s motor vehicle:
(a) is, except as provided by paragraph (b), entitled to pay that premium in respect of one motor vehicle only; or (b) is entitled to pay that premium in respect of 2 motor vehicles if: (i) the pensioner and another pensioner are the Joint registered owners of the motor vehicles; and
(ii) the pensioners referred to in subparagraph (i) are married to each other or reside in the same household.
1990 - NO. 277
Premiums for motor vehicles registered under the Recreation Vehicles
Act 1983
7. The premium to be charged in respect of a motor vehicle that is registered under the Recreation Vehicles Act 1983 is the amount determined in accordance with this Schedule for a Class 10 motor vehicle which is usually garaged elsewhere than in the Metropolitan, Newcastle or Wollongong District.
Adjustment of premiums
8. (1) If:
| (a) | the amount of premium determined in accordance with this Schedule; or |
(b) an amount calculated under clause 2 (b),
comprises an amount which is not a whole number of dollars, the amount so comprised shall, subject to subclause (2), be adjusted upwards or downwards, as the case requires, to the nearer amount which produces a whole number of dollars.
(2) If, but for this subclause, an amount could, in accordance with subclause (1), be adjusted upwards or downwards, it shall be adjusted upwards.
Quarterly premiums
9. (1) A person is not entitled to pay a quarterly premium, except as provided by this clause.
(2) A quarterly premium may be paid:
| (a) | in relation to the registration or renewal of registration of a motor vehicle by a dealer within the meaning of the Motor Dealers Act 1974; or |
| (b) | in relation to the registration or renewal of registration of a Class 3 (b) motor vehicle. |
1990 - NO. 277
TABLE
Premiums for the year commencing 1 July 1990
Annual premium
Class of vehicle Vehicle usually garaged
In Metro- In In Else- politan Newcastle Wollongong where
District District District
$ $ $ $
1. Motor Car - Any
motor car, not
included in Class 2 or 4A or in Classes 6 to 15, both inclusive 345 345 311 300 Quarterly premium 92 92 83 80 2. Omnibus Type Car -
Any motor car which
has seating
accommodation for 9or more adults
(including the driver) not included in Class 4A or 6, and not used in connection with the work of any hospital
or charitable,
benevolent or religious
institution by or on
behalf of the authoritycontrolling that
hospital or institution 397 397 357 345 Quarterly premium 105 105 95 92 3. Goods Vehicle - Any motor vehicle not included in Class 4A, 5, 9, 10, 11, 12, 15 or 16, constructed
principally for the
conveyance of goods:
(a)
being a motor vehicle other than a station waggon where the unladen
weight does not exceed 2 tonnes
397
397
357
270
Quarterly premium 110 110 99 76 1990 - NO. 277
(b) being a motor vehicle other than a station waggon where the unladen weight exceeds
2 tonnes 776 776 699 675 Quarterly
premium 209 209 189 183
| 4. | Station Waggon - Any station waggon, |
not included in Class 4A, 5, 7, 9, 11, 12 or 15:
(a) where the
unladen weight does not exceed 2 tonnes
345
345
311
300
Quarterly premium 92 92 83 80
(b) where the unladen weight
exceeds 2
tonnes 397 397 357 345 Quarterly
premium 105 105 95 92
| 4A | Pensioner's Motor Vehicle - Any | |||||
| pensioner's motor vehicle referred to in: | ||||||
| ||||||
| ||||||
|
(ii) Class 3 (b) 718 718 646 625
(d) (i) Class 4 (a) 319 319 287 278 (ii) Class 4 (b) 367 367 330 319 (e) (i) Class 10 (a) 367 367 367 367 (ii) Class 10 (b) 176 176 158 92 (iii) Class 10 (c) 32 32 29 28
(f) Class 16 5 5 5 5
| 5. | Primary Producer's Vehicle - Any primary | |
| producer's vehicle (except a motor car) not included in Class 16 or 17: | ||
|
unladen weight does not exceed 2 tonnes
311
190
171
165
Quarterly premium 83 53 48 47
(b) where the unladen weight
exceeds 2
tonnes 311 155 140 135 Quarterly
premium 83 44 40 39
1990 - NO. 277
6. Omnibus or Tourist Vehicle (including
Service Car) - Any motor car in respect of which payment is received for the
conveyance of
passengers and which
is authorised to convey
those passengers on a
specified route only
or to tourist resorts
or on sightseeing
tours only
(a) where the vehicle has seating accommodation for more than 16 adult
persons
(including the
driver) 1725 1725 1553 750 Quarterly premium 437 437 394 193
(b) where the vehicle has seating accommodation for more than 6 adult persons but not more
than 16 adult
persons
(including the
driver) 449 449 404 390 Quarterly
premium 118 118 106 103 (c) where the vehicle has seating accommodation
for not more than 6 adult persons
(including the
driver) 345 345 311 300 Quarterly
premium 92 92 83 80 7. Taxi-cab - Any motor
car, not included in
Class 6, in respect of
which payment is received for the conveyance of
passengers and which
stands in a public
street for hire 2243 2243 2018 1201 Quarterly premium 566 566 510 306 1990 - NO. 277
Private Hire Car -
Any motor car, not
included in Class 6, 9 or 14 (b), in respect of which payment is received for the
conveyance of
passengers, but which
does not stand in a
| ||||||||||
| 9. | Drive-Yourself Vehicle - Any motor | |||||||||
| car, not included in Class 10 or 16, which is let for hire (otherwise than under a hire-purchase agreement) without the services of a driver but which does, not stand in a public street for hire, except a motor car which: | ||||||||||
|
of any hospital
or charitable,
benevolent or
religious
institution by
or on behalf of
the authority
controlling that
hospital orinstitution; and
(b) is operated in connection
with a
community
transport
projectapproved by
the Minister 690 690 621 600 Quarterly
premium 178 178 161 155
| 10. | Motor Cycle and Similar Vehicle - Any |
| motor vehicle not included in Class 44 11, 12 or 15: |
1990 - NO. 277
which is
equipped with
an engine ofmore than 300
ml and has 2
wheels, or
where a
side-car or side-box is attached
thereto, has 3
wheels 397 397 397 397 Quarterly premium 105 105 105 105 which is equipped with an engine of more than 100 ml but not more than 300 ml and has less than 4 wheels
190
190
171
99
Quarterly premium 53 53 48 30 which is
equipped with
an engine of 100 ml or less and has less
than 4 wheels 35 35 31 30 Quarterly
premium 14 14 13 13 11. Police Vehicle - Any
motor vehicle owned by the Commissioner of Police 690 690 690 690 12. Fire Brigade Vehicle -
(a) any motor
vehicle owned by New South Wales Fire
Brigades 431 431 388 375 Quarterly premium 113 113 102 99
(b) any motor vehicle, not so owned, which is used either for fire fighting
only or for fire
fighting and
StateEmergency
Services
operations only 86 86 78 75 Quarterly
premium 27 27 25 24
1990 - NO. 277
Ambulance Vehicle -
Any motor vehicle
constructed and used
for the conveyance of
sick or injured persons 276 276 248 150 Quarterly premium 74 74 67 43
Undertaker's Vehicle
- Any motor vehicle
used solely
(a) as an undertaker's
hearse 52 52 47 45 Quarterly premium 18 18 17 17
(b) as an undertaker's
mourning
coach 104 104 93 90 Quarterly
premium 31 31 29 28
Motor Trade Vehicles
(a) Motor vehicles, other than
motor cycles,
to which a
trader's plate is
fixed 104 104 93 90 Quarterly premium 31 31 29 28
(b) Motor cycles to which a
trader's plate is
fixed 104 104 93 90 Quarterly
premium 31 31 29 28 (c)
Tow-trucks 1380 1380 1242 540 Quarterly
premium 350 350 31 6 140 (d) Trailer, including
caravan trailer,
to which a
trader's plate is
fixed 104 104 93 90 Quarterly
premium 31 31 29 28
Trailer - Any trailer
not included in Class 4A or 15 (d), except that no premium shall
be payable in respect
of any other trailer
which is hauled at the rear of any trailer, or in respect of any
implement trailer 5 5 5 5
1990 - No. 277
17. Mobile Crane - Any
mobile crane (not
being a tow-truck) 1035 1035 932 900 Quarterly premium 264 264 238 230 18. Miscellaneous - Any
motor vehicle which is
not constructed
principally €or the
conveyance of persons
or goods and is not
included in Class 12,
15, 16 or 17 and which
comprises:
(a) any tractor,
excavator, road
grader, street
flusher, tar
boiler, forklift
truck, bulldozer, loader, earthmoving equipment or other machinery or apparatus, which is not used solely for agricultural or farming
purposes and any self-propelled vehicle (irrespective of its use) which is machinery or apparatus constructed on conventional motor vehicle
chassis 345 345 311 135 Quarterly premium 92 92 83 39
(b) any tractor or self-propelled machinery not constructed on a conventional motor vehicle chasis and used solely for
agricultural or
farming
purposes 35 35 31 30 Quarterly
premium 14 14 13 13 (c) any invalid
chair 5 5 5 5 1990 - NO. 277
Veteran or Vintage Vehicle - Any motor
vehicle which is owned
by a member of a veteran or vintage club approved by theRoads and Traffic
Authority and which is authorised to travel on a public street by an unregistered vehicle
permit issued underthe Motor Traffic
Regulations 1935 34 34 34 34
Street Rod Vehicle -
Any motor vehicle
which is owned by amember of a club affiliated with the N.S.W. Street Rod Association and
approved by the Roads and Traffic Authority and which is
authorised to travel on a public street by an unregistered vehicle
permit issued under
the Motor Traffic
Regulations 1935 34 34 34 34
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