Road Safety (Vehicles) Interim Regulations 2020 (Vic)

Version No. 002

Road Safety (Vehicles) Interim Regulations 2020

S.R. No. 96/2020

Version incorporating amendments as at

1 July 2021

TABLE OF PROVISIONS

Regulation  Page

Chapter 1—Preliminary

Part 1.1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Revocations

Part 1.2—Interpretation

5Definitions

6Secretary may declare matters for the purposes of Regulations

7Secretary may authorise persons for the purposes of Regulations

8Interpretation—vehicles, combinations and loads

9Interpretation—distance between parallel lines

10Vehicle width

11Approved forms, notices etc.

Chapter 2—Vehicle registration

Part 2.1—Exempt from registration

12Exemptions from registration

Part 2.2—Eligibility for registration

13Registered operator

14Eligible vehicles

Part 2.3—Vehicle Standards and certification

15Compliance with standards for registration

16Secretary may require new vehicle identifier and engine identification numbers to be stamped or displayed

17Duplicate vehicle identifiers and engine identification numbers

18Offence to alter, deface, remove, substitute or tamper with a vehicle identifier

19Inspection of vehicle identifiers and engine identification numbers

20Non-complying and non-standard vehicles

21Vehicles equipped with camera mounts

22Installation of operations plates and the modification of vehicles

Part 2.4—Application for registration

23Names in which vehicle must not be registered

24Who may apply for registration

25Form of application

26Supporting evidence

27Inspection of vehicles for the purpose of registration

28Verification of supporting evidence

29Lodgement of application, supporting evidence and payment

30Inspection of vehicles

31Decision about application

32Conditional registration

33Dealer certification scheme

Part 2.5—Registration

Division 1—Register

34Information to be recorded in register

35Changes to be recorded in the register

36Power to correct an error or omission in the register

37Registered operator may search the register

Division 2—Certificates

38Certificates of registration

39Replacement of certificate of registration

Division 3—Registration period

40Period of registration

Division 4—Registration numbers

41Registration numbers

Division 5—Number plates

42Number plates

43Replacement of lost, stolen etc. number plates

44Number plates property of the State

45Affixing number plate

46Label to be affixed to hydrogen-powered vehicle

47Label to be affixed to electric-powered vehicle

47ALabel to be affixed to electric powered passenger car registered before 4 October 2020

47BLabel to be affixed to hybrid vehicle registered before 4 October 2020

48Obligation if towing another vehicle

49Offence—use of vehicles and number plates

50Authority given by Secretary

Division 6—Obligations

51Obligations of registered operators

Part 2.6—Registration number rights and non‑standard number plates

Division 1—Registration number rights

52Sale of registration number rights

53Refusal to sell registration number rights

54Transfer of registration number rights

55Grounds for cancellation of registration number rights

56Notice of cancellation of registration number rights

57Compensation

Division 2—Non-standard number plates and slimline number plates

58Non-standard number plates

59Issue of non-standard number plates for commercial passenger vehicles

60Slimline number plates

Division 3—Authorised agents

61Authorisation of agents

Part 2.7—Renewal of registration

62Notice of renewal of registration

63Application for renewal of registration

64Period of renewal of registration

65Renewal of registration

66Return of number plates

Part 2.8—Transfer of registration

Division 1—Obligations of persons disposing of registered vehicles

67Obligations of certain persons disposing of registered vehicle

68Dealer disposing of registered vehicle to person who is not a dealer must provide certificate of roadworthiness

69Dealer disposing of registered vehicle to person other than dealer must give Secretary documents etc.

70Division not applicable in certain circumstances

Division 2—Obligations of acquirers

71Obligations of acquirers other than under legal process

72Obligations of a person acquiring possession under court order or other legal process

73Repossession and restoration

74Application for transfer by joint owners

75Application for transfer of registration by legal personal representative

76Mandatory refusal to record transfer

77Discretionary refusal to record transfer

78Incomplete application for transfer of registration

79Notice of refusal to record transfer

80Secretary may make entry in register pending application for transfer

81New certificate of registration to be issued

81ASecretary may cancel transfer of registration in cases of fraud

Part 2.9—Written-off vehicles

82Application of Part

83Definitions

84Obligations of insurers and self-insurers in relation to write-offs

85Obligations of motor wreckers in relation to write‑offs

86Obligations of motor car traders in relation to write‑offs

87Obligation to disclose information to purchaser of written-off vehicle

88Obligation of insurer or self-insurer to affix notices or labels to write‑offs

89Obligation of motor wrecker or motor car trader to affix notices or labels on write‑offs

90Entering vehicle on the register of written‑off vehicles

91Register of written-off vehicles

92Information to be included if motor vehicle entered on register

93Removal or amendment of entries on the register of written‑off vehicles

94Certified extract of information from the register of written-off vehicles

95Register and renewal of registration of written-off vehicles

96Register and renewal of registration of repairable write-off where cosmetic hail damage only

97Form and supply of VIV certificate

98Authorisation of persons to issue certificate

99Renewal of registration

Part 2.10—Fees

100Fees for registration and renewal of registration of heavy vehicles

101Concessional registration fees for other vehicles

102Fees for the transfer of registration

103Search and extract fees

104Refunds

105Application of certain fees

106Fees for interstate registration functions

Part 2.11—Expiry, surrender, suspension and cancellation of registration

Division 1—Expiry

107Expiry of registration

Division 2—Surrender

108Application for surrender

109Requirements for surrender

110Approval of application

111Cancellation of registration because of application to surrender registration

Division 3—Suspension

112Grounds for suspension

113Procedure for suspension

114Effect of suspension

Division 4—Cancellation

115Cancellation of registration

116Obligation of registered operator if registration cancelled

117Cancellation of registration of written-off vehicles

Part 2.12—Review and appeal rights

Division 1—Internal review

118Grounds for internal review

119When application for internal review must be made

120Who is to conduct internal review

121Decision about internal review

Division 2—Internal review of decisions about written-off vehicles and tester's licences

122Who may apply for review

123When application must be made

124Who must consider application for internal review

125Decision about internal review

Division 3—External review

126Application for external review

Division 4—Appeals

127Appeal to the Magistrates' Court under section 12, 15A or 16E of the Act

Chapter 3—Use of unregistered vehicles

Part 3.1—Exemptions

128Exemption for vehicles used for the purpose of obtaining registration

129Exemption for vehicles temporarily in Victoria

130Exemption of vehicle by Secretary

Part 3.2—Unregistered vehicle permits

131Application for permit

132Decision about issuing permit

133Authorisation given by permit

134Permit may be subject to conditions

135Variation, revocation or expiry of permit

Part 3.3—General identification marks and trade plates

Division 1—Preliminary

136Definitions

137Interpretation

Division 2—Identification marks and trade plates

138Application for identification mark and trade plates

139Assignment of general identification mark and supply of trade plates

140Annual fee for general identification mark and trade plates

140ACancellation of general identification mark and return of trade plates

140BMisuse of general identification mark or trade plates

141Persons who cease to be eligible persons

Division 3—Use of unregistered vehicles on a highway

142Use of unregistered vehicles with trade plates

143Use of unregistered vehicle on highway without trade plate

144Use of unregistered vehicle with trade plates by manufacturer or dealer

145Use of unregistered vehicle with trade plates by prospective purchaser

146Use of unregistered vehicle with trade plates by fleet owner

147Use of unregistered vehicle with trade plates by certain eligible persons

148Unregistered vehicle with trade plates may be used to carry or tow another vehicle

Part 3.4—Club permits

149Definitions

150Club permit is a registration permit

151Application to be an approved club

151AApproval of vehicle club

151BRevocation of approval of vehicle club

152Application for club permit

153Issue of club permit, club permit label and log book

154Log book obligations

155Duration of club permit

155AGeneral conditions of a club permit

155BOperating conditions

156Authorisation given by club permit

157Renewal of club permit

158Vehicle audits

159Suspension or cancellation of club permits

160Replacement log book

161Club permit number plates

162Disposal of vehicles operated under club permits

163Notification regarding changes to club membership

163AReassignment of club permit

Chapter 4—General mass and dimension limits and other requirements for light vehicles

Part 4.1—Preliminary matters

164Non-application to heavy vehicles

Part 4.2—General mass limits

165Mass limits for vehicles

166Mass limits for wheels, axles and tyres

167Mass limit for trailers being towed by light motor vehicles

Part 4.3—General dimension limits

168Maximum heights

169Maximum width for vehicles

170Maximum length for motor vehicles

171Maximum length for trailers

172Maximum length for combinations

173Rear overhang limit

174Trailer drawbar length limit

175Minimum ground clearance

176Front and side projection limits

Part 4.4—Other requirements

177Warning signals for certain rear projections

Part 4.5—Offences and exemptions

178Offence to use on a highway a vehicle that does not comply with a relevant dimension limit

179Offence to use on a highway a vehicle that does not comply with regulation 177

180Dimension limits do not apply to certain class O vehicles

Chapter 5—Dimension limits and other requirements for class O vehicles

Part 5.1—Class O vehicles

Division 1—Interpretation

181Class O vehicle

Division 2—Class O notices

182Exemption from Schedule 7 by class O notice

183Contents of class O notices

Division 3—Class O permits

184Exemption from Schedule 7 by class O permit

185Contents of class O permits

Division 4—Offences

186Offence to fail to comply with a relevant requirement of Schedule 7

187Offences for failing to comply with certain pilot vehicle requirements

188Offences for failing to comply with number of pilot vehicles required

189Offences for failing to comply with pilot vehicle requirements contained in Part 5 of Schedule 7

190Failure of escort vehicle to comply with a relevant requirement set out in Schedule 7

Chapter 6—Testing and repair of vehicles

Part 6.1—Licensing of testers

191Secretary may license persons and approve premises for examining and testing vehicles

192Application for licence or approval

193Secretary may issue licence

194Approval of additional or replacement premises

195Duration of tester's licence

196Tester's licence may be subject to conditions

197Tester's licence may be for more than one premises

198Renewal of licence

199Secretary to keep register of licensed testers and examining mechanics

200Replacement tester's licence

201Tester's licence not transferable

Part 6.2—Supervision of licensed testers

202Failure to pay renewal fee

203Suspension and cancellation of tester's licence

204Failure to comply with notice

205Action on expiry, surrender, suspension or cancellation of tester's licence

Part 6.3—Standards of equipment and qualifications of persons employed in testing

206Equipment to be used in examining and testing vehicles

207Qualifications of persons employed in testing

208Proof of qualifications

208ATraining

Part 6.4—Duties of licensed testers

209Display of signs

210General duties of licensed tester

211Duty of licensed tester to keep and provide records

212Secretary may give directions about examining and testing of vehicles

213First and second examination and test

214Completing test reports

215Certificates of roadworthiness

216Testers to operate at premises for which licensed

Part 6.5—Issue of certificates of roadworthiness and test reports

217Form of certificate of roadworthiness

218Form of test reports

219Issue of certificates of roadworthiness

220Supply of certificates of roadworthiness and test reports

221Cancellation of incomplete certificates

222Security of certificates and reports

223Certificate and test forms not transferable

224Power to impound false certificate of roadworthiness

225Offence to substitute equipment on tested vehicle

Part 6.6—Records of repairs

226Garages to keep record of repairs of vehicles

Chapter 7—Vehicle defect notices for light vehicles

227Non-application to heavy vehicles

228Type of vehicle defect notice

229What must be included in vehicle defect notice

230How vehicle defect notice to be given to driver or registered operator

231Driver of vehicle to give notice to registered operator

232What defective vehicle label must contain

233Use of vehicles in breach of notice conditions

234Recording of vehicle defect notices

235Clearance of vehicle defect notices

236Withdrawal of vehicle defect notice

237Offence for unauthorised removal or defacement of vehicle defect label

Chapter 8—General offences

238Non-application to heavy vehicles

239Altered number plates

240Altered club permit labels

241Incorrect number plates

242Representations of number plates

243Load restraint requirement

244Towing offences

245Attachment of sidecar

246Noise

247Offence for travel by vehicle where a posted mass or dimension limit would be exceeded

248Offence for vehicle to travel where height restriction would be exceeded

249Warning signs and warning lights must not be displayed if not required

250Other lights to be in working order

251Signs to be kept clean and unobscured

252Use of modified vehicles

253Use of vehicles not complying with standards

254Other use of vehicle offences

255Keeping documents

Chapter 9—Hazardous areas

256Definitions and application of this Chapter

257Declaration of hazardous areas

258Relevant vehicle not to be used in hazardous area without hazardous area authority

259Requirements for hazardous area authority

260Driver to carry hazardous area authority

261Relevant vehicle must be safe and roadworthy

262Requirements for relevant vehicles in hazardous areas

Chapter 10—General

263Exemptions in emergencies

264Person may be found guilty of offence only once in respect of the same circumstances

Chapter 11—Transitional provisions and expiry

Part 11.1—Transitional provisions

265Definition

266Declarations under regulation 6 of the Road Safety (Vehicles) Regulations 2009

267Ownership of registration number rights

268Previously registered vehicles

269Previously issued number plates

270Previously approved clubs

271Continuation of dealer certification scheme

272Class O notices

273Class O permits

274Approvals of additional or replacement premises

275Motor mechanic certificates

276Approvals relating to towing offences and using a modified vehicle

277Guidelines relating to using a modified vehicle

278Previously issued hazardous area authorities

279Notices and permits

Part 11.2—Expiry

280Expiry

Schedule 1—Revocations

Schedule 2—Vehicle Standards

Schedule 3—Concessional fees for registration and renewal of registration

Schedule 4—Registration fees for heavy vehicles

Schedule 5—Miscellaneous fees

Schedule 6—Search and extract fees

Schedule 7—Dimension limits and other requirements for class O vehicles

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Road Safety (Vehicles) Interim Regulations 2020

S.R. No. 96/2020

Version incorporating amendments as at

1 July 2021

Chapter 1—Preliminary

Part 1.1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to establish a registration and permit system for motor vehicles and trailers used on highways that—

(i)ensures that motor vehicles and trailers are appropriately registered having regard to whether they meet standards for registration; and

(ii)records the identification details of registered vehicles and trailers and the names and addresses of the persons responsible for them; and

(iii)provides for the collection of associated fees and charges; and

(b)to ensure that when motor vehicles and trailers are used on highways they are safe for use and are used in a safe way; and

(c)to provide the general mass and dimension limits and other requirements for light motor vehicles and trailers; and

(d)to provide for uniform conditions under which light motor vehicles and trailers may safely exceed general mass and dimension limits; and

(e)to improve road safety; and

(f)to minimise the wear and damage caused by vehicles to roads and road infrastructure.

2Authorising provisions

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

These Regulations come into operation on 4 October 2020.

4Revocations

The Regulations set out in Schedule 1 are revoked.

Part 1.2—Interpretation

5Definitions

In these Regulations—

administrative fee means a fee charged by the Secretary under section 97A of the Act;

ADR means Australian Design Rule;

agricultural combination means a combination that includes at least one agricultural vehicle;

agricultural implement means—

(a)a vehicle without its own motive power, not designed to carry a load and used exclusively to perform agricultural tasks; or

(b)an agricultural trailer;

agricultural machine means a vehicle with its own motive power, built to perform agricultural tasks;

agricultural task includes cultivation of land, growing and harvesting of crops and rearing of livestock;

agricultural trailer means a trailer designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semi-trailer or a trailer to which regulation 12(g) applies;

agricultural vehicle means an agricultural implement or agricultural machine;

agricultural vehicle area of operation means an area declared under regulation 6(a) as an agricultural vehicle area of operation;

Airservices Australia means the body called Airservices Australia established under section 7 of the Air Services Act 1995 of the Commonwealth;

approved body means a body that is declared to be an approved body by the Secretary under regulation 6(d);

approved form means a form approved by the Secretary under these Regulations;

associationmeans an association incorporated under the Associations Incorporation Reform Act 2012;

ATM means aggregate trailer mass;

Australian Border Force has the same meaning as in section 4(1) of the Australian Border Force Act 2015 of the Commonwealth;

Australian Border Force vehicle means a vehicle driven by an Immigration and Border Protection worker in the course of that person's work for the Australian Border Force;

Australian court means any court or Tribunal of a State or Territory of Australia;

authorised officer has the same meaning as it has in section 13(6) of the Act;

authorised person means a person authorised under regulation 7;

axle group means—

(a)a single axle group; or

(b)tandem axle group; or

(c)twinsteer axle group; or

(d)tri-axle group; or

(e)quad-axle group; or

(f)oversize tri-axle group;

bus means a motor vehicle built mainly to carry people and that seats over 9 adults (including the driver);

centre line, in relation to an axle, means—

(a)in the case of an axle consisting of one shaft, a line parallel to the length of the axle and passing through its centre; and

(b)in the case of an axle consisting of 2 shafts, a line that is in the vertical plane passing through the centre of both shafts and that passes through the centres of the wheels on the shafts;

centre of the axle group means—

(a)a line located midway between the centre lines of the outermost axles of the group; or

(b)if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle—a line located one third of the way from the centre line of the axle with more tyres towards the centre line of the axle with fewer tyres;

Figure 1:Illustration showing the centre of a typical tandem axle group fitted with an unequal number of tyres on each axle.

certificate of approved operations means a certificate issued in respect of a vehicle in accordance with regulation 22 or 155B;

certificate of roadworthiness means a certificate issued under Part 6.4 of Chapter 6 by a licensed tester;

charitable body means an association or a corporation, the principal purpose of which is to provide assistance to the community or animals for reasons other than profit;

class O notice means a notice published by the Secretary under regulation 182;

class O permit means a permit issued by the Secretary under regulation 184;

class O vehicle has the meaning given in regulation 181;

compliance plate has the same meaning as in Schedule 4;

converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling, designed to convert a semi-trailer into a dog trailer;

corporation particulars of a corporation means—

(a)the name of the corporation; and

(b)the Australian Company Number or Australian Registered Body Number (if applicable); and

(c)evidence of incorporation (if applicable); and

(d)the residential address of the corporation; and

(e)the address for service of notices, if this is different from the residential address;

corresponding registration authority means a person or body appointed under the law of another State or a Territory that has responsibility for the registration of vehicles in that State or Territory;

current certificate of roadworthiness means a certificate of roadworthiness issued not more than 30 days previously;

daytimemeans the period beginning at sunrise and ending at sunset;

dealer means a licensed motor car trader within the meaning of the Motor Car Traders Act 1986;

dog trailer means a trailer, including a trailer consisting of a semi-trailer and converter dolly, with—

(a)one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

(b)one axle group or single axle at the rear;

drawbar means a part of a trailer, other than a semi-trailer, that connects the trailer body to a coupling for towing purposes;

electric powered passenger car means a vehicle that is a passenger car (MA) equipped to run solely on electricity and that is not a vehicle referred to in item 5 of the Table to Schedule 3;

electric-powered vehicle means a vehicle that is powered by one or more electric motors or traction motors that—

(a)are the only propulsion system for the vehicle; or

(b)are used in conjunction with another propulsion system for the vehicle;

eligible beneficiary means a person who is an eligible beneficiary within the meaning of the State Concessions Act 2004;

escort vehicle means a motor vehicle that is being used for the purpose of—

(a)transporting an authorised officer, a police officer or another person authorised to direct traffic; and

(b)warning other highway users of the presence of a class O vehicle;

examining mechanic means a person employed by a licensed tester to carry out examinations and tests under Chapter 6;

fifth wheel coupling means a device, other than an upper rotating element and a kingpin, used with a prime mover, semi-trailer or converter dolly to—

(a)permit quick coupling and uncoupling; and

(b)provide for articulation;

forward-control passenger vehicle (MB) has the same meaning as in the relevant design rules;

full volume has the same meaning as in regulation 3 of the Motor Vehicle Standards Regulations 1989 of the Commonwealth;

ground clearance, in relation to a vehicle, means the minimum distance to the ground, measured with the vehicle fully laden, from a point on the underside of the vehicle, except a point on a tyre, wheel, wheel hub, brake backing plate or flexible mudguard or mudflap of the vehicle;

GTM (gross trailer mass) means the mass transmitted to the ground by the axles of a trailer when the trailer is loaded to its GVM and connected to the vehicle towing it;

GTMR means gross trailer mass rating;

hazardous area means an area in respect of which a declaration under regulation 257 is in force;

heavy trailer means a trailer or semi-trailer which is a heavy vehicle;

high-beam, in relation to a headlight fitted to a vehicle, means the light is built or adjusted so that, when the vehicle is standing on level ground, the top of the main beam of light projected is above the low-beam position;

hybrid vehicle means a vehicle equipped to run on electricity and another fuel or other fuels;

hydrogen-powered vehicle means a vehicle that—

(a)is powered by a hydrogen fuel system; and

(b)has one or more hydrogen fuel containers fitted to the vehicle as part of the system;

identification plate has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth;

illegally imported, in relation to a motor vehicle or vehicle part, means a motor vehicle or vehicle part that—

(a)must not be imported into Australia unless it has an approval under the Motor Vehicle Standards Act 1989 of the Commonwealth or the Road Vehicle Standards Act 2018 of the Commonwealth; and

(b)has been imported without that approval or in contravention of a condition of that approval;

Immigration and Border Protection worker has the same meaning as in section 4(1) of the Australian Border Force Act 2015 of the Commonwealth;

indivisible item means an item that cannot be divided without extreme effort, expense or risk of damage to it;

jinker means an axle or axle group that—

(a)is built to support part of a load; and

(b)is connected to the vehicle in front of it by the load or a pole or cable;

large indivisible item means an indivisible item that cannot be carried on any vehicle without the vehicle exceeding a dimension limit relevant to the vehicle under Part 5.1 of Chapter 5;

legal personal representative means the executor original or by representation or administrator for the time being of a deceased person;

light combination means a combination that does not include a heavy vehicle;

light motor vehicle means a motor vehicle with an MRC not exceeding 4×5 tonnes;

light trailer means a trailer with an MRC not exceeding 4×5 tonnes;

light vehicle means a light motor vehicle or light trailer;

load-carrying vehicle means a vehicle that is carrying, or is built to carry, a load;

low-beam, in relation to a headlight or front fog light fitted to a vehicle, means the headlight or front fog light is built or adjusted so that, when the vehicle is standing on level ground, the top of the main beam of light projected is—

(a)not higher than the centre of the headlight or fog light, when measured at a point 8×0 metres in front of the vehicle; and

(b)not more than 1×0 metre higher than the level on which the motor vehicle is standing, when measured at a point 25×0 metres in front of the vehicle;

Figure 2:Illustration of a low-beam headlight.

low loader means a semi-trailer—

(a)with a loading deck no more than 1×0 metre above the ground; or

(b)if there is more than one loading deck, the longest loading deck is no more than 1×0 metre above the ground;

low loader dolly means a mass-distributing trailer that—

(a)is usually coupled between a prime mover and a low loader;

(b)consists of a rigid frame;

(c)does not directly carry any load on itself; and

(d)is equipped with one or more axles, a kingpin and a fifth wheel coupling;

major road means a highway declared under regulation 6(b) as a major road;

motor car trader has the same meaning as it has in the Motor Car Traders Act1986;

MRC (mass rating for charging) in relation to a vehicle, means—

(a)the maximum mass of the vehicle, including any load, recorded on the compliance plate as the GVM, GTMR or ATM of the vehicle; or

(b)if the vehicle has no compliance plate—its operating mass;

national heavy vehicle number plate means a number plate assigned to a heavy vehicle;

NHVR Code of Practice for the Approval of Heavy Vehicle Modifications means the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications as published from time to time by the National Heavy Vehicle Regulator within the meaning of the Heavy Vehicle National Law (Victoria).

nightmeans the period beginning at sunset and ending at sunrise;

nominated configuration means the configuration in which a heavy vehicle will operate for the registration period, as nominated by the registered operator of the vehicle;

off-road passenger vehicle (MC) has the same meaning as in the relevant design rules;

operating condition means a permanent or temporary condition imposed on a club permit under regulation 155B relating to the acceptable use of a vehicle under the club permit on a highway;

operating mass, in relation to a vehicle, means the maximum mass of the vehicle, including any load;

operations plate means a plate placed on a vehicle in accordance with regulation 22;

oversize tri-axle group means a group of 3 axles in which the horizontal distance between the centre lines of each axle is 1×8 metres;

parking brake, of a vehicle, means the brake usually used to keep the vehicle stationary while the vehicle is parked;

passenger car (MA) has the same meaning as in the relevant design rules;

personal particulars has the same meaning as in regulation 5 of the Road Safety (Drivers) Regulations 2019;

pig trailer means a trailer—

(a)with one axle group or single axle near the middle of its load-carrying surface; and

(b)that connects to the vehicle towing it by a drawbar;

pilot vehicle means a motor vehicle, other than an escort vehicle, being used to warn other highway users of the presence of a class O vehicle;

pole-type trailer means a trailer that—

(a)is attached to the vehicle towing it by means of a pole or an attachment fitted to a pole; and

(b)is ordinarily used for transporting loads that are generally capable of supporting themselves like beams between supports, such as logs, pipes, structural members or other long objects;

primary producer means a person—

(a)engaged solely or substantially in agricultural, horticultural, viticultural, dairying, pastoral or other like activities; or

(b)who is the holder of a licence under the Fisheries Act 1995 to take fish for sale;

primary producer vehicle means a vehicle referred to in item 4 of the Table to Schedule 3;

public auction means an auction that is open to the general public;

quad-axle group means a group of 4 axles, in which the horizontal distance between the centre lines of the outermost axles is more than 3×2 metres but not more than 4×9 metres;

RAV means the Register of Approved Vehicles kept under section 14(1) of the Road Vehicle Standards Act 2018 of the Commonwealth;

rear overhang means the distance between the rear overhang line and the rear of the vehicle;

rear overhang line, in relation to a vehicle, means—

(a)if there is a single axle at the rear of the vehicle, the centre line of the axle; or

(b)if there is an axle group at the rear of the vehicle, the centre of the axle group, determined without regard to the presence of any steerable axle unless all axles in the group are steerable;

recreation motor cycle means a motor cycle with 2 wheels that—

(a)is generally constructed so that it will not cause, or be likely to cause, a danger to its driver or to any person on a highway; and

(b)is so constructed that its driver has a sufficient view of traffic to its front and rear and to both sides to enable the driver to drive it safely; and

(c)has a braking system comprising brakes fitted to both wheels of the vehicle; and

(d)has fixed to it—

(i)one headlamp;

(ii)one rear red lamp;

(iii)one rear red brake lamp; and

(e)if fitted with an internal combustion engine, has securely fixed to its engine a silencing device constructed so that—

(i)all the exhaust gases from the engine pass through the silencer in a manner which prevents undue noise; and

(ii)there is no attached cut-out or device capable of producing an open exhaust; and

(f)is not used to carry goods or passengers;

registered vehicle means—

(a)a vehicle registered under Part 2 of the Act; or

(b)a vehicle the registration of which under Part 2 of the Act has expired—

(i)in the case of a heavy vehicle with seasonal registration, within 12 months after the expiry date; or

(ii)in any other case, within 3 months after the expiry date;

registration fee means the fee (if any) for registration or renewal of registration of a vehicle as determined under section 9 of the Act or regulation 100 or 101;

registration period means the period during which a motor vehicle is registered;

relevant design rules means Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Infrastructure and Transport;

residential address, in relation to a corporation, means its registered office or any place recorded in the register as its residential address or business address;

Road Rules means the Road Safety Road Rules 2017;

seasonal registration means the registration of a heavy vehicle for a period referred to in regulation 40(1)(a)(ii) or 64(2)(b);

security interest means an interest in, or a power over, goods that secures payment of a debt or other pecuniary obligation or the performance of any other obligation and includes any interest in, or power over, goods of a lessor, owner or other supplier of goods, but does not include a possessory lien or pledge;

*                *                *                *                *

single axle means an axle not forming part of an axle group;

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre lines of the outermost axles is less than 1×0 metre;

special purpose vehicle means—

(a)a light vehicle (other than a caravan, a mobile home, a mobile library, a mobile workshop, a mobile laboratory, a mobile billboard) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers; or

(b)any of the following light vehicles—

(i)a forklift;

(ii)a straddle carrier;

(iii)a mobile cherry picker;

(iv)a mobile crane;

special work vehicle means a motor vehicle that—

(a)is a light motor vehicle not constructed as a tractor; and

(b)is primarily constructed and used for off road transportation; and

(c)is undertaking agricultural, maintenance or service tasks; and

(d)does not comply with an ADR;

specially constructed motor vehicle means a vehicle that is—

(a)not designed primarily for carrying passengers or goods on a highway; and

(b)determined by the Secretary to be a specially constructed motor vehicle;

sporting body means an association or corporation the principal purpose of which is to facilitate and co-ordinate the sporting activities of its members;

standard number plate means a number plate that, at the time of issue, is of the design, size, colour and material of number plates generally issued by the Secretary;

standards for registration means—

(a)for a heavy vehicle, the heavy vehicle standards within the meaning of the Heavy Vehicle National Law (Victoria) and, if the heavy vehicle is a bus, Division 18 of Part 8 of Schedule 2; and

(b)for any other vehicle, the Vehicle Standards set out in Schedule 2;

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre lines of the outermost axles is at least 1×0 metre, but not more than 2×0 metres;

the Act means the Road Safety Act 1986;

towing vehicle, for a trailer, means the motor vehicle towing the trailer;

trade platemeans a plate issued by the Secretary under Division 2 of Part 3.3 of Chapter 3;

transfer fee means the fee (if any) for transfer of registration of a vehicle payable under regulation 102;

transport accident charge means a charge payable under Part 7 of the Transport Accident Act 1986;

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre lines of the outermost axles is more than 2×0 metres, but not more than 3×2 metres;

twinsteer axle group means a group of 2 axles—

(a)with single tyres; and

(b)fitted to a motor vehicle; and

(c)connected to the same steering mechanism; and

(d)the horizontal distance between the centre lines of which is at least 1×0 metre, but not more than 2×0 metres;

unladen mass means the mass of a vehicle without any load;

unregistered vehicle permit means a registration permit granted under Part 3.2 of Chapter 3 for the purposes of section 7(1) of the Act;

urban area means an area declared under regulation 6(c) as an urban area;

used, in relation to a vehicle referred to in regulation 26(g), means—

(a)previously registered in Victoria or elsewhere; or

(b)used in Victoria or elsewhere in circumstances in which it was not required to be registered, otherwise than in connection with the delivery and sale of the vehicle;

vehicle particulars, in relation to a vehicle, means the following details—

(a)the make, model and year of the vehicle;

(b)the registration number or registration permit number of the vehicle (if any);

(c)the vehicle identifier;

(d)the engine identification number of the vehicle (if any);

(e)the colour of the vehicle;

(f)the body type of the vehicle;

vehicle registration authority, in relation to a vehicle, means—

(a)the authority that last registered the vehicle; or

(b)if the vehicle has not been registered, the authority responsible for registering vehicles in the jurisdiction in which the vehicle is used or is intended to be used;

Vehicle Standards means the standards set out in Schedule 2;

VIV certificate means a vehicle identity validation certificate, certifying that—

(a)the vehicle is the original vehicle to which the relevant vehicle identifier was assigned; and

(b)any damage, condition, or damaged part or component which is safety related and caused the vehicle to be recorded on the register of written-off vehicles has been repaired, restored or replaced in accordance with manufacturer standards;

wheelbase, in relation to a vehicle, means the distance from the centre line of the vehicle's foremost axle to the rear overhang line;

yellow includes amber.

6Secretary may declare matters for the purposes of Regulations

The Secretary, by notice published in the Government Gazette, may declare—

(a)an area to be an agricultural vehicle area of operation for the purposes of these Regulations;

(b)a highway to be a major road for the purposes of these Regulations;

(c)an area to be an urban area for the purposes of these Regulations;

(d)a body to be an approved body for the purposes of regulation 207(1)(a);

(e)a modification to a light vehicle to be an approved modification for the purposes of regulation 22(3);

(f)the operating mass of a light vehicle for the purposes of these Regulations.

7Secretary may authorise persons for the purposes of Regulations

The Secretary may authorise in writing a person to be an authorised person for the purpose of any provision of these Regulations.

8Interpretation—vehicles, combinations and loads

(1)In these Regulations, unless the context otherwise requires, a reference to a vehicle includes a reference to a combination.

(2)In these Regulations, unless the context otherwise requires, a reference to a vehicle includes a reference to any load carried by that vehicle while on a highway.

9Interpretation—distance between parallel lines

In these Regulations, a reference to a distance between 2 lines that are parallel means the distance measured at right angles between the lines.

10Vehicle width

For the purposes of these Regulations, vehicle width must be measured without taking into account—

(a)central tyre inflation systems;

(b)anti-skid devices mounted on wheels;

(c)tyre pressure gauges;

(d)signalling devices;

(e)any rear vision mirrors, lights or reflectors that—

(i)are mounted on the side of the vehicle; and

(ii)comply with the standards for registration.

11Approved forms, notices etc.

(1)The Secretary may approve the following—

(a)application forms for the purposes of regulations 25, 54, 67, 73, 74, 75, 131, 138, 151, 152, 157, 184, 192 and 198;

(b)notices or labels for the purposes of regulations 88 and 89;

(c)reports for the purposes of regulations 33, 97, 217 and 218.

(2)The Secretary must ensure that forms, notices, labels, records and reports approved under subregulation (1) are—

(a)available at the offices of the Department; or

(b)published on an Internet website maintained by the Department.

Chapter 2—Vehicle registration

Part 2.1—Exempt from registration

12Exemptions from registration

For the purposes of section 7(1) of the Act, the following motor vehicles or trailers are exempt from registration under Part 2 of the Act—

(a)a motor vehicle being towed;

(b)a trailer that is used exclusively—

(i)as an agricultural implement; or

(ii)to transport the combs of a grain header;

(c)a trailer that is a bulk bin used exclusively to hold grain;

(d)a trailer that is constructed and used exclusively to carry bulk fruit bins;

(e)a trailer towed by an agricultural machine operating as an agricultural machine;

(f)a trailer under tow by a tow truck;

(g)a trailer (other than a trailer specifically constructed to carry a boat) that is not used in the course of trade and that—

(i)weighs less than 200 kilograms unladen; and

(ii)is not wider than the width of its towing vehicle as produced by the manufacturer; and

(iii)is not more than 3×0 metres long including its drawbar and any load;

(h)a trailer operated by Lifesaving Victoria Limited ACN 102 927 364 to transport inflatable rescue boats to the water's edge that is not intended for use on public roads.

Note

See also regulation 130, which gives an exemption from the requirement to be registered in certain circumstances.

Part 2.2—Eligibility for registration

13Registered operator

A person is eligible to be the registered operator of a vehicle if—

(a)the person is—

(i)an individual who—

(A)in the case of a heavy vehicle, is aged 18 years or older; or

(B)in the case of a motor cycle, is aged 18 years or older; or

(C)in the case of any other vehicle, is aged 16 years or older; or

(ii)a corporation; and

(b)that person owns or manages the vehicle.

14Eligible vehicles

(1)A vehicle is eligible to be registered without conditions if—

(a)the vehicle complies with the standards for registration that apply to the vehicle; and

(b)the requirements of the Transport Accident Act 1986, the Duties Act 2000 and the Zero and Low Emission Vehicle Distance-based Charge Act 2021 are complied with in relation to the vehicle.

(2)Despite subregulation (1), the Secretary may refuse to register a vehicle if the Secretary is satisfied that—

(a)the vehicle has been registered in another State or a Territory; and

(b)the registration in that State or Territory has been cancelled or suspended; and

(c)the reasons for the cancellation or suspension still exist.

(3)If the Secretary refuses to register a vehicle under subregulation (2), the Secretary must give the applicant for registration written notice of the applicant's rights to internal and external review of the decision under Part 2.12 of Chapter 2.

Part 2.3—Vehicle Standards and certification

15Compliance with standards for registration

(1)The Secretary may accept as evidence that a vehicle complies with the standards for registration—

(a)an identification plate relating to the vehicle; or

(b)a certificate to that effect issued by the manufacturer of the vehicle or another person the Secretary considers qualified to issue it; or

(c)that the vehicle is entered on the RAV.

(2)In the absence of evidence referred to in subregulation (1), the Secretary or an authorised person may, after inspecting the vehicle, issue a certificate to the effect that the vehicle complies with the standards for registration if satisfied that the vehicle so complies.

16Secretary may require new vehicle identifier and engine identification numbers to be stamped or displayed

If a vehicle identifier or engine identification number appears to have been altered, defaced, removed, substituted or tampered with, the Secretary may require a person specified in paragraph (a) or (b) to cause a new vehicle identifier or engine identification number, specified by the Secretary, to be stamped or displayed in accordance with the standards for registration—

(a)if a person is applying to register the vehicle, the applicant for registration of the vehicle;

(b)in any other case, the registered operator of the vehicle.

17Duplicate vehicle identifiers and engine identification numbers

(1)This regulation applies if any of the following is the same as the identification number of another vehicle or engine already registered by the Secretary—

(a)a vehicle identifier or engine identification number on a vehicle for which registration is sought;

(b)the identification number on an engine substituted for the engine of a registered motor vehicle.

(2)The Secretary may require a person specified in paragraph (a) or (b) to cause the duplicated number to be overstruck and a new identification number, specified by the Secretary, to be stamped or displayed in accordance with the standards for registration—

(a)if a person is applying to register the vehicle, the applicant for registration of the vehicle;

(b)in any other case, the registered operator of the vehicle.

18Offence to alter, deface, remove, substitute or tamper with a vehicle identifier

A person must not alter, deface, remove, substitute or tamper with a vehicle identifier of a registered vehicle other than with the Secretary's written permission.

Penalty:10 penalty units.

19Inspection of vehicle identifiers and engine identification numbers

(1)This regulation applies if—

(a)the vehicle identifier or engine identification number of a registered vehicle is altered, defaced, removed, substituted or tampered with; or

(b)the engine of a registered motor vehicle is removed and another engine substituted.

(2)The registered operator of the vehicle to whom this regulation applies must inform the Secretary about the alteration, defacement, removal, substitution or any tampering within 7 days after the date it occurs.

Penalty:2 penalty units.

(3)The registered operator of the vehicle to whom this regulation applies must, if asked by the Secretary, present the vehicle to the Secretary or an authorised person for inspection.

Penalty:2 penalty units.

20Non-complying and non-standard vehicles

A vehicle that does not comply with the standards for registration may be conditionally registered if the vehicle has—

(a)an operations plate attached to it in accordance with regulation 22; or

(b)a certificate of approved operations issued in accordance with regulation 22; or

(ba)been entered on the RAV; or

(c)an identification plate relating to that vehicle.

21Vehicles equipped with camera mounts

(1)A vehicle that does not comply with the standards for registration only because it is equipped with a camera mount is taken to comply with the standards for registration if—

(a)the vehicle is solely used for filming—

(i)on a highway that is closed to the general public; or

(ii)under the supervision of a police officer; and

(b)any side projection caused by the camera mount and camera does not exceed 1 metre; and

(c)any front or rear projection caused by the camera mount and camera does not exceed 1·2 metres; and

(d)the total height of the vehicle, including the camera mount and camera, complies with regulation 168; and

(e)the camera mount does not move relative to the vehicle during filming.

(2)In this regulation—

camera mount means a structure temporarily fixed to the exterior of a vehicle that is used to support a camera.

22Installation of operations plates and the modification of vehicles

(1)If a vehicle does not comply with the standards for registration, the Secretary, or a person the Secretary considers qualified to do so, may—

(a)install an operations plate on the vehicle; or

(b)issue a certificate of approved operations for the vehicle.

(2)An operations plate installed on, or a certificate of approved operations issued for, a vehicle must indicate—

(a)any deficiencies in the vehicle's operating characteristics; and

(b)any conditions imposed, or to be imposed, by the Secretary on the vehicle's registration.

(3)A person who modifies, or adds components to, a vehicle must ensure that—

(a)if the vehicle complied with the standards for registration immediately before the modification or addition, the vehicle continues to comply with those standards; and

(b)for a heavy vehicle, the modification or addition is certified by an authorised person as complying with the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications; and

(c)for a light vehicle—

(i)the modification or addition is certified by an authorised person as complying with the National Code of Practice for Light Vehicle Construction and Modification published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications as Vehicle Standards Bulletin No. 14; or

(ii)the modification or alteration is otherwise acceptable to the Secretary.

Part 2.4—Application for registration

23Names in which vehicle must not be registered

A motor vehicle or trailer must not be registered—

(a)in a business name; or

(b)in the names of more than one person; or

(c)in the name of an unincorporated body or group.

24Who may apply for registration

(1)Application for registration of a vehicle may be made by—

(a)an individual who is eligible to be the registered operator of the vehicle; or

(b)an agent of—

(i)an individual who is eligible to be the registered operator of the vehicle; or

(ii)a corporation.

(2)If it appears to the Secretary that an application for registration of a vehicle is made by an agent, the Secretary must not grant the application unless the agent produces—

(a)evidence of the agent's identity in a form acceptable to the Secretary; and

(b)a document evidencing the authority of the agent to act as agent of the person seeking registration as the registered operator.

25Form of application

(1)An application for registration of a vehicle must be in the approved form.

(2)An applicant must provide the following information—

(a)the personal particulars or the corporation particulars of the person seeking registration as the registered operator of the vehicle;

(b)the vehicle particulars;

(c)the proposed garage address of the vehicle.

26Supporting evidence

The Secretary may require an applicant for registration of a vehicle to submit evidence, in a form acceptable to the Secretary, verifying the following—

(a)the identity of the applicant;

(ab) the vehicle particulars;

(b)the means by which the vehicle came into the ownership, or under the management, of the applicant;

(c)if the vehicle is a heavy vehicle, that the proposed garage address of the vehicle will be the principal depot or base of operations of the vehicle;

(d)if the vehicle is not a heavy vehicle, that the proposed garage address of the vehicle will be the place where the vehicle is normally kept;

(e)that the vehicle complies with the standards for registration;

(f)relevant information about the vehicle's intended use, which may render the vehicle a non-complying vehicle;

(g)if the vehicle is one of the following, that it is roadworthy—

(i)a used motor vehicle that is not a specially constructed motor vehicle;

(ii)a used motor vehicle that is not to be registered as a recreation motor cycle;

(iii)a used heavy trailer;

(h)if the motor vehicle's vehicle identifier is entered on the register of written-off vehicles or an interstate written-off vehicles register as a repairable write-off, that the vehicle is the original vehicle to which the vehicle identifier was assigned;

(i)any other information specified by the Secretary and in the form approved by the Secretary under regulation 25.

27Inspection of vehicles for the purpose of registration

(1)For the purpose of verifying any of the matters specified in regulation 26, the Secretary may require the applicant for registration to submit the vehicle for inspection by the Secretary or an authorised person.

(2)The Secretary may require the applicant for registration to pay the following fees specified in Schedule 5—

(a)a fee to make an appointment for a vehicle inspection;

(b)a fee to change the time or place of the vehicle inspection;

(c)the relevant fee for the inspection of the vehicle.

28Verification of supporting evidence

(1)The Secretary may require an applicant for registration of a vehicle to make an appointment with the Secretary or an authorised person for the purpose of verifying any of the matters specified in regulation 26, if the inspection of the vehicle under regulation 27 is not required.

(2)An applicant for registration of a vehicle who is required to make an appointment under subregulation (1) must—

(a)provide the supporting evidence required under regulation 26 at the appointment; and

(b)pay the fee specified in Schedule 5 for an appointment under this subregulation.

29Lodgement of application, supporting evidence and payment

An applicant for registration of a vehicle must give to the Secretary—

(a)the application for registration; and

(b)any supporting evidence required under regulation 26; and

(c)any applicable duty under the Duties Act 2000 for the vehicle; and

(d)the registration fee; and

(e)the appropriate transport accident charge under the Transport Accident Act 1986 for the vehicle; and

(f)the relevant administrative fee (if any); and

(g)any fees required to be paid under regulation 27; and

(h)the relevant fee fixed by the Secretary under section 5AE(1) of the Act (if any).

30Inspection of vehicles

(1)The Secretary, by written notice given to a person, may require the person to present a vehicle for inspection by the Secretary or an authorised person at a time and place specified in the notice if—

(a)the person has control over the vehicle and has made an application for its registration; or

(b)the vehicle is a registered vehicle and the person is the registered operator of the vehicle.

(2)At least 24 hours before the date specified in the notice, a person given a notice under subregulation (1) may request the Secretary to change the time or place of inspection.

(3)If requested under subregulation (2) to change the time or place of an inspection, the Secretary must consider the request and—

(a)if it is reasonable to do so, change the time or place of inspection as requested; and

(b)give the person who made the request written notice either—

(i)specifying the new time or place for the inspection; or

(ii)confirming the original time or place for the inspection.

(4)A person must comply with a notice under subregulation (1) or (3), as the case requires.

Penalty:3 penalty units.

(5)The Secretary may require a person to pay the following relevant fees specified in Schedule 5—

(a)a fee to change the time or place of a vehicle inspection required under this regulation;

(b)the fee for a vehicle inspection to be conducted under this regulation.

31Decision about application

(1)The Secretary must refuse an application for registration of a vehicle if—

(a)the vehicle is not eligible for registration; or

(b)a provision of the Act or these Regulations prevents approval of the application; or

(c)it appears to the Secretary that a vehicle identifier has been altered, defaced, removed, substituted or tampered with without lawful authorisation.

(2)The Secretary may refuse an application for registration of a vehicle if—

(a)the applicant is not adequately identified in the application; or

(b)the applicant has not complied with a provision of the Act, these Regulations, the Transport Accident Act 1986, the Duties Act 2000 or the Zero and Low Emission Vehicle Distance-based Charge Act2021 in relation to the registration of the vehicle, including the payment of any fees or charges required to be paid under the Act, these Regulations or the Zero and Low Emission Vehicle Distance-based Charge Act 2021 in relation to the registration or inspection of the vehicle; or

(c)the vehicle is not—

(i)fitted with an identification plate; or

(ii)entered on the RAV; or

(d)the Secretary reasonably believes that—

(i)the vehicle or a part of the vehicle is or may be stolen; or

(ii)information given in the application is false or misleading; or

(iii)there are unpaid fines or pecuniary penalties arising out of the use of the vehicle in Australia; or

(iv)the vehicle or part of the vehicle has, or may have, been illegally imported.

(3)If the Secretary approves the application, the Secretary must register the vehicle in the name of the proposed registered operator specified in the application.

(4)If the Secretary refuses to register the vehicle, the Secretary must give the applicant written notice of—

(a)the Secretary's decision; and

(b)the applicant's rights to internal and external review of the decision under Part 2.12 of Chapter 2.

32Conditional registration

(1)If a vehicle does not comply with the standards for registration, the Secretary may register the vehicle conditionally.

(2)The Secretary may refuse to register a vehicle conditionally if—

(a)the vehicle does not bear an operations plate or identification plate relating to the vehicle; or

(b)a certificate of approved operations has not been issued for the vehicle; or

(c)the vehicle is not entered on the RAV.

(3)In determining the conditions to be imposed on the registration of a vehicle, the Secretary must take into account the nature and extent of any failure of the vehicle to meet the standards for registration.

(4)The Secretary may vary any conditions that the Secretary has imposed on the registration of a vehicle.

(5)The Secretary must give the registered operator of the vehicle written notice of the conditions, or any variation of the conditions, applicable to the conditional registration of the vehicle.

(6)If the Secretary decides to refuse to register a vehicle under this regulation, or to impose or vary conditions of registration, the Secretary must give the applicant for registration or the registered operator written notice of—

(a)the Secretary's decision; and

(b)the applicant's or operator's rights to an internal and external review of the decision under Part 2.12 of Chapter 2.

(7)A person must not use, or permit the use of, a vehicle that is conditionally registered under this regulation (other than a recreation motor cycle or a vehicle that has been fitted with an operations plate) without carrying a certificate of approved operations in the vehicle.

Penalty:10 penalty units.

33Dealer certification scheme

(1)The Secretary may enter into an arrangement with a person engaged in the sale, distribution or management of vehicles under which the Secretary agrees to delegate to that person, or specified employees of that person, specified powers of the Secretary in relation to the registration of vehicles.

(2)An arrangement may be made subject to specified conditions including a condition that a dealer certification inspection report, in the approved form, is given to the Secretary for any vehicle registered in accordance with the arrangement.

(3)The Secretary may require the person to pay the following fees specified in Schedule 5 for each vehicle to be registered—

(a)the relevant fee for the inspection of the vehicle by a dealer;

(b)the relevant administrative fee.

Part 2.5—Registration

Division 1—Register

34Information to be recorded in register

(1)If the Secretary registers a vehicle the Secretary must record in the register the following details for the vehicle—

(a)the name of the vehicle's registered operator;

(ab)the customer number of the vehicle's registered operator;

(ac)the vehicle particulars;

(b)any identification details for the vehicle the Secretary considers appropriate;

(c)the vehicle's garage address;

(d)the residential address of the vehicle's registered operator;

(da)the address for the service of notices on the vehicle's registered operator;

(e)the start date and expiry date of the vehicle's registration;

(f)if the vehicle is conditionally registered, information designating the conditions of registration;

(g)if the vehicle is a heavy vehicle, the vehicle's GVM;

(h)if the vehicle is a motor vehicle which is a heavy vehicle—

(i)the vehicle's GCM; and

(ii)the vehicle's nominated configuration.

(2)The Secretary may record in the register other information in respect of a vehicle for the purposes of—

(a)registration; or

(b)the Act and these Regulations; or

(ba)the Zero and Low Emission Vehicle Distance-based Charge Act 2021; or

(c)the Heavy Vehicle National Law (Victoria).

(3)The Secretary must ensure the register contains details of all vehicles—

(a)that are currently registered; or

(b)that have been registered within the previous 24 months.

35Changes to be recorded in the register

(1)If the Secretary is notified under the Act or these Regulations of a change in the information recorded in the register about a vehicle, the Secretary must alter the register accordingly.

(2)The Secretary may require evidence in a form acceptable to the Secretary verifying that the changes referred to in subregulation (1) are correct.

36Power to correct an error or omission in the register

(1)The Secretary, on the basis of such evidence as appears to the Secretary to be sufficient, may alter the register to correct an error or omission if the Secretary is satisfied on reasonable grounds that the alteration is necessary to ensure the accuracy of the information in the register.

(2)If the Secretary alters the register in accordance with subregulation (1), the Secretary—

(a)must not erase, delete or render illegible the original entry in the register that is altered; and

(b)must record in the register the date the alteration was made.

(3)The Secretary may require evidence in a form acceptable to the Secretary for the purposes of subregulation (1).

37Registered operator may search the register

The registered operator of a vehicle is entitled, on payment of the relevant fee payable under regulation 103—

(a)to search the register in relation to the registered operator's vehicle; and

(b)to obtain a certificate as to any matter appearing in the register in relation to the vehicle.

Division 2—Certificates

38Certificates of registration

(1)If the Secretary registers a vehicle, the Secretary must issue to the applicant a certificate of registration for the vehicle that includes the following—

(a)the name of the vehicle's registered operator;

(b)the address (if any) for the service of notices on the vehicle's registered operator;

(c)the vehicle's registration number;

(d)the make of the vehicle;

(e)the vehicle's vehicle identifier or, if the vehicle does not have a vehicle identifier, the vehicle's chassis number or engine number;

(f)if the vehicle is a heavy vehicle, the applicable vehicle charging category under Schedule 4;

(g)the expiry date of the vehicle's registration;

(h)if the vehicle has seasonal registration, the start date of the registration.

(2)The Secretary may include in a certificate of registration any other information the Secretary considers appropriate.

39Replacement of certificate of registration

On payment of the relevant fee specified in Schedule 5, the Secretary may issue a replacement certificate of registration to a vehicle's registered operator if the Secretary is satisfied the original certificate is lost, damaged, destroyed or stolen.

Division 3—Registration period

40Period of registration

(1)A vehicle may be registered—

(a)in the case of a heavy vehicle—

(i)for a period of 3 months, 6 months or 12 months, as nominated by the applicant for registration; or

(ii)for seasonal registration for a period or periods of not less than 3 months and not more than 9 months, as nominated by the applicant for registration; or

(b)in the case of a light trailer, for a period of 12 months; or

(c)in the case of a light motor vehicle, for a period of 3 months, 6 months or 12 months, as nominated by the applicant for registration.

(2)An applicant for registration of a vehicle may nominate, and the Secretary may approve, a different period of registration for the vehicle from the period specified in subregulation (1) if it is necessary so that the expiry date for the vehicle's registration is the same as, or different from, one or more other vehicles registered, or to be registered, in the name of—

(a)the same registered operator; or

(b)the registered operator and the registered operator's spouse or domestic partner.

Division 4—Registration numbers

41Registration numbers

(1)If the Secretary registers a vehicle, the Secretary must assign a distinguishing registration number to the vehicle.

(2)A registration number may consist of one or more numbers or letters or a combination of both.

(3)A person who is the registered operator of a vehicle, or who is seeking registration as the registered operator of a vehicle, may apply to the Secretary for the assignment to the vehicle of—

(a)a registration number that is or was the registration number of another vehicle that is or was registered in the person's name; or

(b)a registration number for which the person is the owner of the registration number rights; or

(c)a registration number that is a national heavy vehicle number plate which is issued to the vehicle by another jurisdiction.

(4)The Secretary may assign a number under subregulation (3), and do everything necessary to make the assignment effective, if the person—

(a)pays the relevant fee specified in Schedule 5; and

(b)in the case of an assignment under subregulation (3)(b), is the owner of the registration number rights for the registration number.

(5)A person does not have to pay the fee referred to in subregulation (4)(a) if—

(a)the registration number to be assigned is in the series CC-000 to CC-999; or

(b)the vehicle is a commercial passenger vehicle and is compliant (within the meaning of regulation 9(4) of the Commercial Passenger Vehicle Industry Regulations 2018[1]); or

(c)the vehicle is a licensed tow truck within the meaning of section 3(1) of the Accident Towing Services Act 2007; or

(d)the registration number to be assigned is a national heavy vehicle number plate that is issued to the vehicle by another jurisdiction.

Division 5—Number plates

42Number plates

(1)On payment by the registered operator of a vehicle of the relevant fee specified in Schedule 5, the Secretary must issue to the registered operator—

(a)in the case of a vehicle other than a motor cycle, 2 number plates bearing the registration number assigned to the motor vehicle; and

(b)in the case of a motor cycle or trailer, one number plate bearing the registration number assigned to the motor cycle or trailer.

(2)If the Secretary cancels registration number rights under regulation 55(a) and assigns a new registration number to the vehicle under regulation 56(1)(b)(ii), the Secretary must issue—

(a)for a motor vehicle other than a motor cycle, 2 number plates bearing the registration number assigned to it; and

(b)for a motor cycle or trailer, one number plate bearing the registration number assigned to it.

43Replacement of lost, stolen etc. number plates

(1)The registered operator of a vehicle must apply to the Secretary for a replacement number plate within 14 days after the registered operator of the vehicle—

(a)informs a police officer or an authorised officer that the vehicle's number plate has been lost, damaged, destroyed or stolen; or

(b)is informed by a police officer or an authorised officer that the vehicle's number plate has been lost, damaged, destroyed or stolen.

Penalty:3 penalty units.

(2)On receiving an application under subregulation (1), the Secretary may issue to the registered operator of the vehicle a replacement number plate on payment of the following fee—

(a)for the replacement of the number plate with a standard number plate, the relevant fee specified in Schedule 5;

(b)for the replacement of a national heavy vehicle number plate, the relevant fee specified in Schedule 5;

(c)for the replacement of the number plate with a non-standard number plate, the relevant fee specified in Schedule 5 and the fee fixed by the Secretary under section 5AE of the Act.

(3)For the purposes of this regulation, a damaged number plate is a number plate that does not comply with regulation 45.

Note

Section 3(1) of the Act defines non-standard number plate.

44Number plates property of the State

(1)A number plate issued by the Secretary remains the property of the State.

(2)Subregulation (1) does not apply if—

(a)the number plate is a national heavy vehicle number plate; and

(b)the number plate is issued by another jurisdiction; and

(c)the vehicle is registered in that jurisdiction.

(3)A national heavy vehicle number plate issued by another jurisdiction becomes the property of the State when the vehicle is registered in Victoria.

45Affixing number plate

(1)The registered operator of a vehicle must ensure each number plate issued by the Secretary for the vehicle is permanently affixed to the vehicle so that, when the vehicle is on level ground—

(a)the number plate is at all times in an upright position parallel to the vehicle's axles; and

(b)the number plate is at all times not more than 1×3 metres above ground level; and

(c)for a motor cycle, the centre of the number plate is at all times at least 30 centimetres above ground level; and

(d)the number or letters, or both, on the number plate are clearly visible from a distance of 20 metres from the number plate at any point within the space produced by a horizontal arc of 90 degrees and a vertical arc of 45 degrees, as indicated by the shaded areas in figure 3; and

(e)any cover on the number plate—

(i)is clear, clean, untinted and flat over its entire surface; and

(ii)has no reflective or other characteristics that would prevent the successful operation of a device approved for use under a law relating to the detection of traffic offences.

*                *                *                *                *

(1A)The registered operator of a vehicle must ensure that—

(a)in the case of a motor vehicle other than a motor cycle, trailer or agricultural machine, one number plate is affixed to the front of the vehicle and another to its rear; and

(b)in the case of a motor cycle or trailer, the number plate is affixed to the rear of the motor cycle or trailer; and

(c)in the case of an agricultural machine—

(i)one number plate is affixed to the rear of the vehicle; and

(ii)one number plate is affixed to the front of the vehicle if it is practicable to do so.

(2)The requirements in subregulations (1)(a) to (d) do not apply to a number plate for a vehicle if—

(a)due to the construction of the vehicle it is not practicable to comply with the requirements; and

(b)the number plate is affixed in a way that complies as far as practicable with the requirements.

(3)If a vehicle is fitted with a bicycle carrier, the number plate required under subregulation (1)(f) to be fitted to the rear of the vehicle may instead be securely affixed to the bicycle carrier.

Figure 3:Number plates must be clearly visible from 20 metres at all points within the shaded arcs marked "A".

(4)In this regulation—

bicycle carrier means a device that can be attached to the rear of a motor vehicle to enable one or more bicycles to be carried by the vehicle, but does not include a trailer.

46Label to be affixed to hydrogen-powered vehicle

A hydrogen-powered vehicle must have fixed conspicuously to each number plate—

(a)in the case of a heavy vehicle, a label that complies with Vehicles Standards Guide 27—Labelling requirements for Hydrogen and Electric-powered vehicles published by the National Heavy Vehicle Regulator in December 2019; and

(b)in the case of a light vehicle, a label that complies with clause 137A of Schedule 2.

47Label to be affixed to electric-powered vehicle

An electric-powered vehicle must have fixed conspicuously to each number plate—

(a)in the case of a heavy vehicle, a label that complies with Vehicles Standards Guide 27—Labelling requirements for Hydrogen and Electric-powered vehicles published by the National Heavy Vehicle Regulator in December 2019; and

(b)in the case of a light vehicle, a label that complies with clause 137B of Schedule 2.

47ALabel to be affixed to electric powered passenger car registered before 4 October 2020

An electric powered passenger car registered before 4 October 2020 must have fixed conspicuously to the front and rear number plates a label that complies with clause 137B or 137C of Schedule 2.

47BLabel to be affixed to hybrid vehicle registered before 4 October 2020

A hybrid vehicle registered before 4 October 2020 must have fixed conspicuously to the front and rear number plates a label that complies with clause 137B or 137D of Schedule 2.

48Obligation if towing another vehicle

(1)This regulation applies in the following circumstances—

(a)a motor vehicle (the towing vehicle) is towing another vehicle (the towed vehicle) that is not required to be registered; and

(b)the towed vehicle is obscuring the rear number plate of the towing vehicle.

(b)a tractor; or

(c)a rigid mobile crane less than 3·1 metres wide.

(5)If a load projects more than 150 millimetres beyond one side of a class O vehicle, and the projection is less than 500 millimetres thick from top to bottom, there must be—

(a)a warning light attached to the vehicle; and

(b)at least 2 yellow, rigid pieces of material (delineators), one attached to the front and the other attached to the rear of the projection.

(6)A delineator must—

(a)be at least 300 millimetres long and at least 300 millimetres wide; and

(b)conform with class 1 or 2 of Australian Standard AS 1906 Retroreflective materials and devices for road traffic control purposes (Part 1: Retroreflective sheeting); and

(c)if at the front of the projection, be attached so that its reflective surface is facing forward of the vehicle; and

(d)if at the rear of the projection, be attached so that its reflective surface is facing rearward from the vehicle.

(7)In the daytime, a class O vehicle must display a warning light if the vehicle is wider than 3 metres.

7Additional warning lights at night

At night—

(a)a class O vehicle that has a load projection must have front clearance lights and rear clearance lights and side marker lights on any part of a load that projects out from the vehicle;

(b)a class O vehicle that is wider than 2·5 metres or longer than 22 metres must display a warning light.

8Characteristics of warning lights on class O vehicles

When switched on, a warning light on a class O vehicle must—

(a)emit a rotating, flashing, yellow-coloured light; and

(b)flash between 120 and 200 times a minute; and

(c)have a power of at least 55 watts; and

(d)not be a strobe light.

9Visibility of warning lights on class O vehicles

(1)Subject to subclause (2), a warning light on a class O vehicle must be clearly visible at a distance of 500 metres in all directions.

(2)If a warning light is not clearly visible at a distance of 500 metres in all directions, it must be supplemented by one or more additional warning lights so that the light emanating from at least one of them is clearly visible at a distance of 500 metres in all directions.

10When must warning lights be switched on?

Any warning light that a class O vehicle is required to have must only be switched on when the vehicle is travelling or is stationary in a position that is likely to cause danger to other highway users.

11Warning sign specifications on class O vehicles

(1)The face of a warning sign on a class O vehicle must—

(a)be made from yellow retro-reflective material that conforms with class 1 or 2 of Australian Standard AS 1906 Retroreflective materials and devices for road traffic control purposes (Part 1: Retroreflective sheeting); and

(b)have the manufacturer's name or trademark, and the brand and class of retro-reflective material permanently marked in block letters at least 3 millimetres but not more than 10 millimetres high; and

(c)have a black border at least 20 millimetres wide.

(2)The marking referred to in subclause (1)(b) may appear in any visible location on the sign.

(3)The outermost edge of the border must be set at least 10 millimetres in from the edge of the sign unless the warning sign has been made with a box edge.

12Material for warning signs on class O vehicles

(1)A warning sign on a class O vehicle must be made of stiff, flat, weatherproof material.

(2)Despite subclause (1), the sign on the front or rear of a class O vehicle may be made of flexible material if—

(a)the load is unsuitable for a stiff sign; and

(b)the warning sign is held taut, is clearly visible, and is attached securely.

13Size of a warning sign on class O vehicles

(1)A warning sign on a class O vehicle must be at least 1200 millimetres long and at least 450 millimetres high.

(2)The sign may be split into two parts, in which case the combined length of its parts must be at least 1200 millimetres.

14Face of a warning sign on class O vehicles

(1)A warning sign on a class O vehicle must show the word "OVERSIZE", in black upper-case lettering that conforms with typeface Series C(N) in Australian Standard AS 1744 Forms of Letters and Numerals for Road Signs known as Standard Alphabets for Road Signs (metric units).

(2)The lettering must be at least 200 millimetres high.

(3)The top and the bottom of the lettering must be at least 125 millimetres from the top and bottom of the sign, respectively.

(4)If the sign is split into 2 parts—

(a)the part mounted on the left must show the letters "OVER" and the part mounted on the right must show the letters "SIZE"; and

(b)despite clauses 11(1)(c) and 11(3), there must be no border between the 2 parts.

Example

Illustration of a warning sign for a class O vehicle.

15Keeping signs clean

A warning sign on a class O vehicle must be kept clean enough so that it can be easily read by other highway users.

16Mounting a warning sign on a class O vehicle

(1)A warning sign on a class O vehicle must be mounted vertically.

(2)The lower edge of the sign must be—

(a)above the bottom of the bumper bar; or

(b)if there is no bumper bar, at least 500 millimetres from the ground level.

(3)If the sign is split into 2 parts, each part must be fitted at the same height as the other.

17Headlights on class O vehicles to be on while travelling in the daytime

A class O vehicle, or the front vehicle in a class O combination, must have its low-beam headlights on while travelling in the daytime, unless the standards for registration provide otherwise.

18Travel restrictions at night for class O vehicles

At night, a class O vehicle that is wider than 3·1 metres or longer than 22 metres must not—

(a)travel outside an urban area; or

(b)travel in an urban area without being accompanied by a pilot vehicle.

19No travelling if low visibility

(1)A class O vehicle must not begin to travel if—

(a)visibility is less than 250 metres in the daytime; or

(b)the headlights of a vehicle approaching within 250 metres could not be seen at night.

(2)If a class O vehicle is already travelling when visibility is reduced to the level described in subclause (1), the driver must drive it into the nearest safe parking area and wait until visibility improves beyond that level before continuing to travel.

20Minimum following distance

A person driving a class O vehicle must maintain a distance of at least 200 metres from another class O vehicle travelling in front of it, unless—

(a)it is overtaking the class O vehicle in front of it or the class O vehicle in front of it is stopping; or

(b)there is a separate lane available for the use of overtaking traffic; or

(c)it is in an urban area and it is not reasonably practicable to maintain a distance of 200 metres.

21Communication between drivers of class O vehicles and accompanying pilot or escort vehicles

(1)A class O vehicle must have an electronic device that allows the driver of the class O vehicle to communicate with the driver of an accompanying pilot or escort vehicle.

(2)Subclause (1) does not apply to a class O vehicle that is—

(a)an agricultural machine; or

(b)an agricultural combination that includes an agricultural machine.

Part 2—Class O vehicles that are load‑carrying vehicles

Division 1—General

22Application

This Part applies to—

(a)vehicles that are carrying large indivisible items; and

(b)vehicles that are specially designed to carry a large indivisible item.

Division 2—Dimension limits

23Maximum width of an unladen low loader, low loader dolly or jinker

(1)The maximum width for a class O vehicle that is an unladen low loader, low loader dolly or jinker, with 4 tyres on each axle, is 2·5 metres.

(2)The maximum width for a class O vehicle that is an unladen low loader, low loader dolly or jinker, with 8 tyres on each axle, is 2·7 metres.

Division 3—Other requirements

24Minimising width

If a load can be safely loaded in more than one way, it must be loaded in a way that minimises the width of the class O vehicle and its load.

25Prohibition on carrying certain large indivisible items

(1)Subject to subclause (2), a class O vehicle to which this Part applies must not carry more than one large indivisible item.

(2)A class O vehicle may carry more than one large indivisible item if the carrying of any additional large indivisible item does not cause the vehicle together with its load to exceed—

(a)a relevant mass limit set out in Part 4.2 of Chapter 4 of these Regulations; or

(b)a relevant dimension limit set out in Part 4.3 of Chapter 4 of these Regulations—

that would not have been exceeded by the carrying of only one large indivisible item.

26Prohibition on carrying certain goods in addition to large indivisible items

A class O vehicle carrying one or more large indivisible items must not carry any other goods if that vehicle, because of those other goods, exceeds—

(a)a relevant mass limit set out in Part 4.2 of Chapter 4 of these Regulations; or

(b)a relevant dimension limit set out in Part 4.3 of Chapter 4 of these Regulations.

Part 3—Special purpose vehicles

Division 1—Application

27Application

This Part applies to special purpose vehicles.

Division 2—Other requirements

28Side lights for travel at night

(1)When travelling at night, a special purpose vehicle with a projection extending more than 1·2 metres in front of the vehicle body must have a yellow light fixed on each side of the projection, mounted as far forward as possible, and shielded from the driver's view.

(2)Both lights must be visible to any traffic approaching the vehicle from its front, and at least one of the lights must be visible to any traffic approaching the vehicle from either side.

29Markings for special purpose vehicles

(1)Rear marker plates that comply with third edition ADR 13 must be displayed at the rearmost part of the body of a special purpose vehicle.

(2)A pattern covering an area of at least 0·16 m² and consisting of diagonal stripes at least 150 millimetres wide and alternately coloured—

(a)red and white; or

(b)black and white—

must be displayed on the left and right sides of any rigid projection extending more than 1·2 metres in front of the body of a special purpose vehicle.

30Prohibition on towing other vehicles

A special purpose vehicle must not tow a vehicle.

Part 4—Agricultural vehicles

Division 1—Application

31Application

This Part applies to agricultural vehicles and agricultural combinations.

Division 2—Dimension limits

32Maximum height

(1)The maximum height for an agricultural vehicle (except an agricultural trailer) is 4·6 metres.

(2)For an agricultural trailer, the maximum height is the relevant height limit set out in Part 4.3 of Chapter 4 of these Regulations.

33Rear overhang limits

(1)The maximum rear overhang for an agricultural vehicle that is not an agricultural trailer, an auger or conveyer is 4·5 metres.

(2)The maximum rear overhang for an agricultural vehicle that is an agricultural trailer is the relevant maximum rear overhang set out in Part 4.3 of Chapter 4 of these Regulations.

(3)The maximum rear overhang for an agricultural vehicle that is an auger or conveyer is 8 metres.

34Maximum length

(1)The maximum length for an agricultural vehicle that is an agricultural machine is 12·5 metres.

(2)The maximum length for an agricultural vehicle that is an auger or conveyor is 16 metres.

(3)The maximum length for an agricultural combination that does not include an agricultural trailer is 25 metres.

(4)The maximum length for an agricultural combination that includes an agricultural trailer is the maximum length for a combination set out in Part 4.3 of Chapter 4 of these Regulations.

35Maximum width

(1)Subject to subclause (2), the maximum width for an agricultural vehicle is 2·5 metres.

(2)If an agricultural vehicle (other than an agricultural trailer) is used in a category specified in column 1 of Table 2, the maximum width for that agricultural vehicle is the width set out in column 2 of that Table, opposite the area of operation.

Table 2

Item No.	Column 1 Agricultural vehicle area of operation	Column 2 Width limit for agricultural vehicles and combinations
1	Category 1 (Urban Areas)	3×5 metres
2	Category 2 (Undulating Areas)	5×0 metres
3	Category 3 (Flat Areas)	6×0 metres
4	Category 4 (Gippsland Ranges Area)	3×0 metres

Division 3—Other requirements

36Warning devices for agricultural vehicles

(1)An agricultural vehicle that is wider than 2·5 metres or longer than 22 metres when it is used on any highway that is a major road must have—

(a)a warning light fixed to its highest practicable point;

(b)if it is an agricultural implement being towed by a tractor, a warning sign displayed at the rear.

(2)A pattern covering an area of at least 0×16 m² and consisting of diagonal stripes at least 150 millimetres wide and alternately coloured—

(a)red and white; or

(b)black and white—

must be displayed at the sides of the rear of any agricultural vehicle that is an auger, conveyor or harvester comb carried on a comb trailer.

(3)If any part of an axle of an agricultural vehicle extends more than 150 millimetres from the outside wall of that vehicle's tyres, that part of the axle must be painted fluorescent yellow or have yellow fluorescent or other high-visibility material wrapped around it.

(4)An agricultural vehicle which is a class O vehicle that is wider than 2·5 metres or longer than 25·0 metres, must display flags in accordance with clause 9(1)(c) of Part 1 of this Schedule, at each side of the front and rear of the vehicle.

(5)In this clause—

warning light means a warning light of the kind described in Part 1 of this Schedule;

warning sign means a warning sign of the kind described in Part 1 of this Schedule.

37Pilot vehicle requirements for agricultural vehicles

(1)If an agricultural vehicle of a width described in column 2 or column 3 in Table 3 is being used in an area listed in column 1 of that Table, that vehicle must be accompanied by the number of pilot vehicles that are listed in the Table for that vehicle in that area.

(2)Despite subclause (1), an agricultural vehicle does not have to be accompanied by a pilot vehicle if it is travelling less than 500 metres.

Table 3

Item No.	Column 1 Area of Use	Column 2 Agricultural vehicle that is wider than 3×7 metres but not wider than 4×5 metres	Column 3 Agricultural vehicle that is wider than 4×5 metres
1	On a major road	1 pilot vehicle	2 pilot vehicles
2	On a highway with a sealed pavement that is not a major road and if the clear view of approaching traffic is less than 500 metres	1 pilot vehicle	2 pilot vehicles

38Agricultural vehicles not to be used on freeways

A class O vehicle that is an agricultural vehicle must not be used on—

(a)a freeway within the meaning of the Road Management Act 2004;

(b)the Link road within the meaning of section 3 of the Melbourne City Link Act 1995;

(c)the Extension road within the meaning of section 3 of the Melbourne City Link Act 1995;

(d)EastLink within the meaning of the EastLink Project Act 2004.

39Agricultural vehicles that are agricultural implements not to carry loads

An agricultural vehicle that is an agricultural implement must not carry a load.

40Speed limits for agricultural vehicles that are agricultural implements that have no brakes

A vehicle towing an agricultural vehicle that is an agricultural implement that does not have brakes must travel at a speed at least 20 kilometres per hour less than the general speed limit that applies to the part of the highway on which the vehicle is travelling.

Part 5—Pilot and escort vehicles that accompany class O vehicles

Division 1—Application

41Application of Part

This Part applies to a vehicle that is used as a pilot vehicle or escort vehicle because of a requirement in—

(a)this Schedule; or

(b)a class O notice; or

(c)a class O permit—

that certain class O vehicles must be accompanied by such a vehicle when being used on a highway.

Division 2—Requirements for pilot vehicles only

42Requirements for a pilot vehicle

(1)A pilot vehicle must have—

(a)4 or more wheels; and

(b)a GVM of—

(i)6·5 tonnes or less in the case of a rear pilot vehicle if two pilot vehicles are required by these Regulations to accompany a class O vehicle; or

(ii)4·5 tonnes or less in any other case.

(2)A pilot vehicle must have a warning sign on its roof.

(3)A pilot vehicle must have one or 2 warning lights on its roof, attached only—

(a)above or below the warning sign; or

(b)at either side of the warning sign.

43Where must a pilot vehicle be driven?

(1)When one pilot vehicle accompanies a class O vehicle, the pilot vehicle must travel—

(a)behind the class O vehicle if they are on a highway that is divided; or

(b)in front of the class O vehicle if they are on a highway that is not divided.

(2)When 2 pilot vehicles accompany a class O vehicle, one pilot vehicle must travel in front of the class O vehicle, the other behind it.

(3)A pilot vehicle must travel far enough away from the class O vehicle it is accompanying to give adequate warning to other highway users of the presence of the class O vehicle.

44Characteristics of warning lights on pilot vehicles

When switched on, a warning light on a pilot vehicle must—

(a)emit a rotating, flashing, yellow-coloured light or a coloured light that is approved by the Secretary; and

(b)flash between 120 and 200 times a minute; and

(c)have a power of at least 55 watts; and

(d)not be a strobe light.

45Warning sign specifications for pilot vehicles

(1)The face of a warning sign on a pilot vehicle must—

(a)be coated with yellow retro-reflective material that conforms with class 1 or 2 of Australian Standard AS 1906 Retroreflective materials and devices for road traffic control purposes (Part 1: Retroreflective sheeting); and

(b)have the manufacturer's name or trademark, and the brand and class of retro-reflective material permanently marked in block letters at least 3 millimetres but not more than 10 millimetres high; and

(c)have a black border at least 20 millimetres wide.

(2)The outermost edge of the border must be set at least 10 millimetres in from the edge of the sign unless the warning sign has been made with a box edge.

(3)The marking referred to in subclause (1)(b) may appear in any visible location on the sign except in a bottom corner of the sign.

46Material for warning signs on pilot vehicles

A warning sign on a pilot vehicle must be made of stiff, flat, weatherproof material.

47Size and shape of a warning sign on a pilot vehicle

(1)A warning sign on a pilot vehicle must be at least 1200 millimetres long and at least 600 millimetres high.

(2)The warning sign may have bottom corner cut‑outs not more than 150 millimetres wide and not more than 100 millimetres high if they are needed for mounting the warning lights.

48Faces of a warning sign on a pilot vehicle

(1)Both faces of a warning sign on a pilot vehicle must show—

(a)the word "OVERSIZE", in black upper-case lettering at least 200 millimetres high that conforms with typeface Series C(N) in Australian Standard AS 1744 Forms of Letters and Numerals for Road Signs known as Standard Alphabets for Road Signs (metric units); and

(b)the words "LOAD AHEAD" in black upper‑case lettering at least 100 millimetres high that conforms with typeface Series D(N) in Australian Standard AS 1744 Forms of Letters and Numerals for Road Signs.

(2)The bottom of the lettering of the word "OVERSIZE" must be at least 300 millimetres from the bottom of the sign.

(3)The bottom of the lettering of the words "LOAD AHEAD" must be at least 100 millimetres from the bottom of the sign.

Example

Illustration of a warning sign for a pilot vehicle.

49Keeping warning signs clean

A warning sign on a pilot vehicle must be kept clean enough so that it can be easily read by other highway users.

50Mounting a warning sign on a pilot vehicle

A warning sign on a pilot vehicle must be mounted in a manner that ensures it does not lean back more than 200 millimetres as measured horizontally from the top of the sign to a vertical line running through the bottom of the sign.

Example

Illustration of maximum slant of warning sign.

Division 3—Requirements for escort vehicles only

51Requirements for an escort vehicle

(1)An escort vehicle must have—

(a)4 or more wheels; and

(b)a GVM of 4·5 tonnes or less; and

(c)on its roof, a light that flashes or 2 lights that flash when switched on.

(2)A light referred to in subclause (1) must flash yellow or another colour approved by the Secretary.

Division 4—Requirements for both pilot vehicles and escort vehicles

52Visibility of warning lights on pilot or escort vehicles

(1)Subject to subclause (2), a warning light on a pilot or escort vehicle must be clearly visible at a distance of 500 metres in all directions.

(2)If a warning light is not clearly visible at a distance of 500 metres in all directions, it must be supplemented by one or more additional warning lights so that the light emanating from at least one of them is clearly visible at a distance of 500 metres in all directions.

(3)In the case of a pilot vehicle travelling in front of a class O vehicle, a filter may be placed behind a warning light on the pilot vehicle to reduce the intensity of the light directed to the driver of the class O vehicle.

53When must warning lights on pilot or escort vehicles be switched on?

Any warning light that a pilot or escort vehicle is required to have must be switched on—

(a)when the vehicle is travelling and accompanying a class O vehicle; or

(b)when the vehicle is stationary in a position that is likely to cause danger to other highway users.

54Headlights on pilot or escort vehicles to be switched on when accompanying a class O vehicle

The low-beam headlights on a pilot vehicle or escort vehicle must be switched on when it is accompanying a class O vehicle during the daytime.

55What must a pilot vehicle or escort vehicle carry?

A pilot or escort vehicle must not tow a trailer or carry a load, but it may carry tools, equipment or substances for—

(a)use in connection with the class O vehicle that it is accompanying; or

(b)restraining the load carried on the class O vehicle that it is accompanying.

56Communication between driver of pilot or escort vehicle and driver of class O vehicle that the pilot or escort vehicle is accompanying

(1)A pilot or escort vehicle must have an electronic device that allows the driver of the pilot vehicle or escort vehicle to communicate with the driver of a class O vehicle that the pilot vehicle or escort vehicle is accompanying.

(2)Subclause (1) does not apply if the class O vehicle is—

(a)an agricultural machine; or

(b)an agricultural combination that includes an agricultural machine.

═════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Road Safety (Vehicles) Interim Regulations 2020, S.R. No. 96/2020 were made on 22 September 2020 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 4 October 2020: regulation 3.

The Road Safety (Vehicles) Interim Regulations 2020 will expire on 3 October 2021: see regulation 280.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Road Safety (Vehicles) Interim Regulations 2020 by statutory rules, subordinate instruments and Acts.

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Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020, S.R. No. 105/2020

Date of Making:	29.9.20
Date of Commencement:	Regs 4–81 on 4.10.20: reg. 3

Road Safety (Drivers) and (Vehicles) Interim Amendment Regulations 2021, S.R. No. 75/2021

Date of Making:	29.6.21
Date of Commencement:	Regs 6–34 on 1.7.21: reg. 3

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3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 41(5): S.R. No. 84/2018 as amended by S.R. Nos 53/2019, 166/2019 and 65/2020.

[2]

Reg. 266: S.R. No. 118/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 201/2014. Subsequently amended by

S.R. Nos 79/2015, 118/2015, 159/2015, 50/2016, 93/2016, 42/2017, 100/2017, 117/2017, 89/2018, 54/2019, extended in operation by

S.R. No. 89/2019 and subsequently amended by S.R. Nos 172/2019 and 46/2020.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 96/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Definition of NHVR Code of Practice for the Approval of Heavy Vehicle Modifications in regulation 5 and regulation 22(3)(b)	NHVR Code of Practice for the approval of Heavy Vehicle Modifications published by the National Heavy Vehicle Regulator in July 2020	The whole
Definition of off road passenger vehicle (MC) in regulation 5	Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services	The whole
Definition of passenger car (MA) in regulation 5	Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services	The whole
Regulation 22(3)(c)(i)	VSB 14—National Code of Practice for Light Vehicle Construction and Modification published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 243(2)	Load Restraint Guide, second edition 2004, published by the National Transport Commission	The whole
Definition of conspicuity marking in clause 3 of Schedule 2 and clause 29(1) of Schedule 7	Vehicle Standard (Australian Design Rule 13/00—Installation of Lighting and Light Signalling Devices on other than L-Group Vehicles) 2005	The whole
Definitions of rear marking plate and VSB 12 in clause 3 of Schedule 2	VSB 12—National Code of Practice for Rear Marking Plates for all motor vehicles over 12 tonnes GVM and for all trailers over 10 tonnes GTM as published from time to time by the National Heavy Vehicle Regulator	The whole
Clauses 14 and 16 of Schedule 2	Australian Design Rules for Motor Vehicle Safety, second edition, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications	The whole
Clauses 15 and 17 of Schedule 2	Australian Design Rules for Motor Vehicles and Trailers, third edition, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Clause 20(2)(a) of Schedule 2	Australian/New Zealand Standard AS/NZS 2596:2003: Seat belt assemblies for motor vehicles, published by jointly by Standards Australia and Standards New Zealand on 29 December 2003; and the relevant British Standard for seat belts	The whole
Clause 20(2)(b) of Schedule 2	Second and third edition ADR 5	The whole
Clause 20(2)(c) of Schedule 2	Second and third edition ADR 5	The whole
Clause 20(2)(d) of Schedule 2	Second and third edition ADR 22	The whole
Clause 20(2)(a) of Schedule 2	AS/NZS 2596:2003 Seat belt assemblies for motor vehicles	The whole
Clause 38(3)(a) of Schedule 2	Australian Standard AS 2513‑1982 Electrical connectors for trailer vehicles	The whole
Clause 38(3)(b) of Schedule 2	International Organization for Standardization ISO 1185:1997	The whole
Clause 38(3)(c) of Schedule 2	Society of Automotive Engineers SAE J560—1998	The whole
Clause 38(3)(d) of Schedule 2	Australian Standard AS 4735‑2003 Heavy road vehicles—Electrical connectors for articulated vehicles	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Clause 40(2) of Schedule 2	Australian Standard AS R1–1965 Safety Glass for Land Transport; Australian Standard AS R1–1968 Safety Glass for Land Transport; Australian Standard AS 2080–1977 Safety Glass for Vehicles; British Standard BS 857:1967 Specification for Safety Glass for Land Transport; British Standard BS 5282:1975 Road Vehicle Safety Glass; British Standard BS AU178:1980 Road Vehicle Safety Glass; Japanese Industrial Standard JIS R 3211–1979 Safety Glasses for Road Vehicles; American National Standard ANSI Z26.1–1980 Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway	The whole
Clause 49(a) of Schedule 2	Australian Standard AS 1973–1993 Pneumatic tyres—Passenger Car, light truck and truck/bus—Retreading and repair processes	The Whole
Clause 108(7) of Schedule 2	Vehicle Standard (Australian Design Rule 6/00—Direction Indicators) 2005	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Clauses 109(3)(c) and 136(3)(c) of Schedule 2 and clauses 6(6)(b), 11(1)(a), 45(1)(a) of Schedule 7	Australian Standard AS 1906 Retroreflective materials and devices for road traffic control purposes (Part 1: Retroreflective sheeting)	The whole
Clause 130 of Schedule 2	National Stationary Exhaust Noise Test Procedures for In‑Service Motor Vehicles—September 2006 (ISBN: 1 921168 50 1) published by National Transport Commission	The whole
Clauses 109(1)(b), 109(2) and 136(3)(c) of Schedule 2	Australian Standard AS 1743:2018 Road Signs—Specifications	Image W6-3
Note to clause 143(1) of Schedule 2	Third edition ADR 31/02 Third edition ADR 35/03	The whole
Clause 136 of Schedule 2	Australian Standard AS 1425 LP Gas Fuel Systems for Vehicle Engines	The whole
Clause 137 of Schedule 2	Australian Standard AS 2739 Natural Gas Fuel Systems for Vehicle Engines	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Clause 142 of Schedule 2	Vehicle Standard (Australian Design Rule 8/00—Safety Glazing Material) 2006; ADR 12 Glare Reduction in Field of View; Vehicle Standard (Australian Design Rule 14/02—Rear Vision Mirrors) 2006 ADR 16 Windscreen Wipers and Washers; Vehicle Standard (Australian Design Rule 18/03—Instrumentation) 2006; Australian Design Rule 18A Location and Visibility of Instruments 1984; Vehicle Standard (Australian Design Rule 35/03—Commercial Vehicle Brake Systems) 2009; Australian Design Rule 35A for Commercial Vehicle Braking Systems 1984	The whole
Clauses 14 and 48 of Schedule 7	Australian Standard 1744–1975 Forms of Letters and Numerals for Road Signs known as Standard Alphabets for Road Signs (metric units)	The whole

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 105/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulations 24 and 25 which amend regulations 46 and 47 respectively	Vehicles Standards Guide 27—Labelling requirements for Hydrogen and Electric-powered vehicles published by the National Heavy Vehicle Regulator in December 2019	The whole
Regulation 79 which amends regulation 243	Load Restraint Guide for Light Vehicles 2018, published by the National Transport Commission	The whole

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 75/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 16 which inserts the definition of ADR (Definitions and Vehicle Categories) in clause 3 of Schedule 2 to the Road Safety (Vehicles) Interim Regulations 2020	Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 made under the Motor Vehicle Standards Act 1989 of the Commonwealth, as published from time to time by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications	The whole