Motor Vehicles Variation Regulations 2012 (SA)

South Australia

Motor Vehicles Variation Regulations 2012

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 2010

4            Variation of regulation 15—Interpretation

5            Variation of regulation 16—Historic, left hand drive and street rod vehicles

Part 1—Preliminary

1—Short title

These regulations may be cited as the Motor Vehicles Variation Regulations 2012.

2—Commencement

These regulations will come into operation on 1 July 2012.

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 2010

4—Variation of regulation 15—Interpretation

1. Regulation 15, definitions of historic vehicle and left hand drive vehicle—delete the definitions and substitute:

   historic vehicle means—

   (a)a motor vehicle that was manufactured before 1 January 1979; or

   (b)a motor vehicle that—

   (i)was manufactured on or after 1 January 1979 but before 1 January 1983; and

   (ii)was eligible for registration as a historic vehicle under section 25 of the Act immediately before 1 July 2012; and

   (iii)was so registered immediately before that date or at some earlier time;

   left hand drive vehicle means a motor vehicle that was manufactured before 1 January 1979 and has its steering wheel on the left of the longitudinal axis of the vehicle;

2. Regulation 15—after the definition of rescue vehicle insert:

   street rod vehicle means a motor vehicle that has been modified for safe use on roads and—

   (a)has a body and frame that were built before 1949; or

   (b)is a replica of a vehicle the body and frame of which were built before 1949.

5—Variation of regulation 16—Historic, left hand drive and street rod vehicles

1. Regulation 16(1)(b)—delete "was manufactured before 1 January 1974 and"

2. Regulation 16(1)—after paragraph (b) insert:

   (c)a street rod vehicle—

   (i)that has been built or modified in accordance with requirements or specifications accepted by the Registrar; and

   (ii)in respect of which there is in force an exemption under section 163AA of the Road Traffic Act 1961 from compliance with specified Australian Design Rules or other vehicle standards prescribed under that Act.

3. Regulation 16(2)—delete "or left hand drive vehicle" and substitute:

   , left hand drive vehicle or street rod vehicle

4. Regulation 16(2)—after paragraph (c) insert:

   (d)a condition that a person must not drive the vehicle, or cause, suffer or permit the vehicle to be driven on a road, for fee, hire or reward;

   (e)a condition that the owner of the vehicle must, at the request of the Registrar or the motor vehicle club to which the owner belongs, make the vehicle available for inspection by the Registrar or the club;

   (f)a condition that the owner of the vehicle must, before the end of each year, provide to the motor vehicle club to which he or she belongs, a statutory declaration made by the owner verifying the eligibility of his or her vehicle to be registered under section 25 of the Act and detailing any modifications made to the vehicle during that year.

5. Regulation 16(3)(b)—delete paragraph (b) and substitute:

   (b)impose such conditions on the recognition of the motor vehicle club as the Registrar thinks fit;

   (c)if satisfied that—

   (i)a motor vehicle club has contravened or failed to comply with a condition applying to its recognition by the Registrar; or

   (ii)there is other good cause to do so,

   withdraw the recognition of a motor vehicle club with effect from a date specified in the notice (being not less than 28 days from the date of publication of the notice).

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 26 April 2012

No 30 of 2012

MTR/11/093