Motor Vehicles Variation Regulations 2009 (SA)

Case

South Australia

Motor Vehicles Variation Regulations 2009

under the Motor Vehicles Act 1959

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Motor Vehicles Regulations 1996

  1. Insertion of regulation 9C

    9CExemption from registration and insurance for self‑propelled elevating work platforms

Part 1—Preliminary

1—Short title

These regulations may be cited as the Motor Vehicles Variation Regulations 2009.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Motor Vehicles Regulations 1996

4—Insertion of regulation 9C

After regulation 9B insert:

9C—Exemption from registration and insurance for self‑propelled elevating work platforms

(1)A self‑propelled elevating work platform may be driven on roads without registration or insurance subject to the following conditions:

(a)the vehicle must not be driven on roads for a distance exceeding 500 metres;

(b)the vehicle must not be driven on roads except—

(i)to use it for a purpose for which it was manufactured; or

(ii)to do any of the following:

(A)load the vehicle onto another vehicle;

(B)unload the vehicle from another vehicle;

(C)reposition the vehicle at a work site;

(c)the vehicle must not be driven on roads except by the owner of the vehicle or a person authorised by the owner of the vehicle;

(d)a policy of public liability insurance indemnifying the owner and any authorised driver of the vehicle in an amount of at least 20 million dollars in relation to death or bodily injury caused by, or arising out of, the use of the vehicle must be in force.

(2)A person who drives a self‑propelled elevating work platform on a road without registration or insurance as authorised by this regulation must, at the request of a police officer, produce evidence of the person's public liability insurance either—

(a)forthwith to the police officer who made the request; or

(b)within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request.

Maximum penalty: $250.

(3)In this regulation—

self-propelled elevating work platform means a self‑propelled motor vehicle that—

(a)is used for construction, maintenance or warehouse operations; and

(b)is designed mainly for use outside roads; and

(c)is not capable of travelling at a speed exceeding 10 kilometres per hour.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 2 July 2009

No 198 of 2009

MTR09/018

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