Road Safety (Vehicles) (Registration Amendment) Regulations 1997 (Vic)

Road Safety (Vehicles) (Registration Amendment)

Regulations 1997

S.R. No. 171/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Insertion of definitions	2
6.	Periods for which registration may be sought	2
7.	Registration	3
8.	Renewal of registration	3
9.	Certificate of roadworthiness	5
10.	Registration of vehicle	6
11.	Return of number plates	6
12.	New regulation 220A inserted	6

220A.	Primary producer registration numbers and number
plates 6

13.	Registration fees for primary producer vehicles	7
14.	Fee on issue of primary producer number plates with existing
registration number	10

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NOTES 12

i

STATUTORY RULES 1997

S.R. No. 171/1997

Road Safety Act 1986

Road Safety (Vehicles) (Registration Amendment)

Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 16 December 1997

Responsible Minister:

GEOFF CRAIGE

Minister for Roads and Ports

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make further provision for the registration of vehicles, registration fees and certificates of roadworthiness.

2. Authorising provision

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

3. Commencement

These Regulations come into operation on

1 January 1998.

4. Principal Regulations

In these Regulations, the Road Safety (Vehicles)
Regulations 19881 are called the Principal
Regulations.

Road Safety (Vehicles) (Registration Amendment) Regulations
1997

r. 5 S.R. No. 171/1997

5. Insertion of definitions

In regulation 105(1) of the Principal Regulations
insert the following definitions—

' "axle" has the same meaning as in the National

Schedule;

"heavy motor vehicle" means a vehicle of a kind

referred to in Division 1 of Part 2 of the
National Schedule;

"light motor vehicle" means a motor vehicle

other than a heavy motor vehicle;

"light trailer" means a trailer with an MRC not

exceeding 4.5 tonnes;

"long combination prime mover" means a long combination prime mover (type 1) or a long combination prime mover (type 2) within the

meaning of the National Schedule;

"long combination truck" has the same meaning as in the National Schedule;

"medium combination prime mover" has the

same meaning as in the National Schedule;

"medium combination truck" has the same

meaning as in the National Schedule;

"short combination prime mover" has the same
meaning as in the National Schedule;
"short combination truck" has the same
meaning as in the National Schedule;

"Special Purpose Vehicle (type 2)" has the same meaning as in the National Schedule;'.

6. Periods for which registration may be sought

In regulation 202 of the Principal Regulations, for sub-regulation (3) substitute—

Road Safety (Vehicles) (Registration Amendment) Regulations
1997

S.R. No. 171/1997 r. 7

"(3) An application for registration of a heavy

vehicle may nominate—

(a)	a period of registration of 3 months or 6 months; or
(b)	part-year registration by specifying a period of not less than 3 months and not more than 9 months where the beginning and end of the period are specified in the application.".

7. Registration

(1) In regulation 205(3) of the Principal Regulations, after paragraph (c) insert—

"; or

(d) if a 6 month period of registration has been nominated by the applicant in accordance with regulation 202(3)—the date 6 months after the date of receipt of the application by the Corporation.".

(2) In regulation 205 of the Principal Regulations, for

sub-regulation (4) substitute—
"(4) If the Corporation grants an application

under regulation 202(3) for part-year

registration of a heavy vehicle—

(a)	the registration commencement date and expiry date are those set out in the application; and
(b)	regulation (1), the Corporation must

in addition to the requirements of sub- date in the Corporation's records.".

8. Renewal of registration

Road Safety (Vehicles) (Registration Amendment) Regulations
1997
S.R. No. 171/1997

(1) In regulation 207(1) of the Principal Regulations,

in sub-regulation (1), after "registration" (where
first occurring) insert "(including part-year
registration of a heavy vehicle under regulation
205(4))".

(2) In regulation 207 of the Principal Regulations, for sub-regulation (1A) substitute—

"(1A) An application for renewal of registration of a heavy vehicle may nominate—

(a)	a period of renewed registration of 3 months or 6 months; or
(b)	part-year registration by specifying a period of not less than 3 months and not more than 9 months to start—

(i)  12 months after the expiry date of the prior part-year registration; or

(ii)  on the date specified by the registered owner in the application for renewal of registration, being a date not less than one month after the expiry date of the previous part-year registration—

and may cancel such a nomination.".

(3) In regulation 207(4) of the Principal

Regulations—

(a) in paragraph (a)—

(i)

in sub-paragraph (i), before "on the registration of a heavy vehicle,";

(ii) after sub-paragraph (i) insert— "(ia) if the renewed registration is part-

year registration for a heavy
vehicle, on the commencement

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1997

S.R. No. 171/1997 r. 9

date specified in the application;

or";

(b) in paragraph (b), for "paragraph (c)" substitute "paragraphs (c), (d) and (e)";

(c) in paragraph (c)(i), after "(1A)" insert "(a)";

(d) after paragraph (c) insert—

"; and

(d) if—

(i) period of renewed registration of

the application has nominated a regulation (1A)(a); or

(ii)

the prior registration period was cancelled the nomination—

ends on the day 6 months after the

expiry date of its prior registration; and

(e) if—

(i) the application has nominated
part-year registration in
accordance with sub-regulation
(1A)(b); or

(ii)  the prior part-year registration period was for a period of not less than 3 months and not more than 9 months and the application has not cancelled the nomination—

ends on the day 12 months after the
registration expiry date specified in the
application or in the prior part-year

registration.".

9. Certificate of roadworthiness

Road Safety (Vehicles) (Registration Amendment) Regulations
1997
S.R. No. 171/1997

In regulation 202(1)(e) of the Principal Regulations, after "trailer" insert ", except a motor vehicle or trailer which was registered in a different vehicle category in the name of the applicant and the registration was cancelled immediately before the application".

10. Registration of vehicle

(1) In regulation 205 of the Principal Regulations,

after sub-regulation (1A) insert—
'(1B) If a vehicle referred to in category 5 of the

Table to Schedule 1 is registered as a primary producer vehicle, the number plates to be supplied by the Corporation under sub- regulation (1)(b)(i) may bear the words "primary producer".'.

11. Return of number plates

(1) In regulation 218(2) of the Principal Regulations, after paragraph (d) insert—

"; or

(e) the vehicle is registered as a primary producer vehicle and the Corporation, by written notice served on the registered owner of the vehicle, requires the plate to be returned.".

12. New regulation 220A inserted

After regulation 220 of the Principal Regulations, insert—

'220A. Primary producer registration numbers and

number plates

(1) The Corporation may require the owner of a

vehicle registered as a primary producer
vehicle to return the number plates supplied
by the Corporation and to elect either—

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1997

S.R. No. 171/1997 r. 13

(a) new number plates bearing the words

to be supplied, without charge, with registration number; or

(b) to be supplied with new number plates bearing the words "primary producer" and the registration number assigned to

the vehicle under regulation 205(1).

(2) If an owner elects to be supplied with the

number plates referred to in sub-regulation
(1)(b), the fee set out in Schedule 2 is
payable for each number plate issued under

sub-regulation (1)(b).'.

13. Registration fees for primary producer vehicles

In Schedule 1 to the Principal Regulations—

(a) after clause 1(1) insert—

"(1A) The fee otherwise payable in respect of a heavy vehicle specified in category 5 of the Table to this Schedule is reduced under section 95(4)(f) of the Act to the amount set out in column 2 of the Table in respect of that vehicle.";

(b) for category 5 of the Table substitute—

"5. Primary producer vehicles

A vehicle owned by a primary producer if—

(a) the vehicle is used solely in the business of the owner as a primary producer and—

(i) is a prime mover that is—

(A) a light motor

vehicle 50% base fee

(B) a 2–axle prime

mover nominated
as a short
combination

Road Safety (Vehicles) (Registration Amendment) Regulations
1997

r. 13 S.R. No. 171/1997

prime mover 50% base fee

(C) a heavy motor vehicle with 4 axles which is registered as a single unit with an MRC

exceeding 20

tonnes 20% base fee

(D) a 2–axle prime

mover nominated
as a medium combination prime mover or a
long combination

prime mover 20% base fee

(E) a prime mover with 3 or more axles nominated

as any

combination 20% base fee

(ii) is constructed for carrying a load and is— (A) a light motor

vehicle	50% base fee
(B) a light trailer	nil
(C) a heavy motor

vehicle which is a
2–axle or 3–axle
rigid truck
registered as a
single unit, or as
a 2–axle truck nominated as a short
combination

truck 50% base fee

(D) a heavy motor

vehicle which is a 4–axle rigid truck registered as a
single unit with
an MRC not

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1997

S.R. No. 171/1997 r. 13

exceeding 20	44·44% base
tonnes	fee

(E) a heavy motor vehicle with 4 axles which is registered as a single unit with an MRC

exceeding

20 tonnes 20% base fee

(F) a rigid truck with 3 or more axles nominated as any

combination 20% base fee

(G) a 2–axle rigid

truck nominated
as a medium
combination or
long combination

truck	20% base fee
(H) a heavy trailer	20% base fee

(b)

the vehicle—

(i)	is a motor vehicle used solely in the business of the owner as a primary producer; or
(ii)	is used for travelling within a radius of 25 kilometres from the owner's residence for the purpose of working the land of

another primary producer—

and—

(iii)  is so constructed that its engine is used to drive or operate an agricultural implement forming an integral part of the vehicle;

and

(iv)  its primary purpose is not to carry a load—

or—
(v)	is a tractor with an MRC of 4·5 tonnes or less; or

Road Safety (Vehicles) (Registration Amendment) Regulations
1997

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(vi) is a primary producer vehicle that—

(A) is steered by

means of a

handle bar; and

(B) is designed for the

carriage of not
more than 1

person; and

(C) has 3 or 4 wheels;

and

(D) has a width

not exceeding

1·15 metres; and

(E) has a tare mass

not exceeding

210 kilograms nil

(c)	the vehicle is used solely in the business of the registered owner as a primary producer and—
(i) is a Special Purpose Vehicle (type 2); and

(ii) is conditionally

registered to operate on

a highway 20% base fee

(d) the vehicle is a motor vehicle certified by the Country Fire Authority to

be a motor vehicle specially
equipped for and
exclusively used for

combating outbreaks of fire nil".

14.  Fee on issue of primary producer number plates with existing registration number

In Schedule 2 to the Principal Regulations, in item 1 after paragraph (a) insert—

"(ab)	primary producer number
plates with existing

Road Safety (Vehicles) (Registration Amendment) Regulations
1997

S.R. No. 171/1997

registration number—per

plate	220A(2)	38.00".
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Road Safety (Vehicles) (Registration Amendment) Regulations
1997

Notes S.R. No. 171/1997

NOTES

1 S.R. No. 29/1988. Reprinted to S.R. No. 16/1997.

Table of Applied, Adopted or Incorporated Matter Required by

Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate

Legislation Regulations 1994.

Statutory Rule	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Regulations 5 and 13	Road Transport Charges	The Schedule
(Australian Capital Territory) Act 1993 of the Commonwealth