Road Safety (Vehicles) Regulations 2009 (Vic)

Version No. 033

Road Safety (Vehicles) Regulations 2009

S.R. No. 118/2009

Version incorporating amendments as at

2 June 2020

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 officers for the purposes of Regulations

8Interpretation—vehicles, combinations and loads

9Interpretation—distance between parallel lines

10AVehicle 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 and engine identification numbers to be stamped or displayed

17Duplicate vehicle and engine identification numbers

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

19Inspection of identification numbers

20Non-complying and non-standard vehicles

20AVehicles equipped with camera mounts

21Installation of operations plates and the modification of vehicles

Part 2.4—Application for registration

22Names in which vehicle cannot be registered

23Who may apply for registration

24Form of application

25Supporting evidence

26Inspection of vehicles for the purpose of registration

26AVerification of supporting evidence

27Lodgement of application, supporting evidence and payment

28Inspection of vehicles

29Decision about application

30Conditional registration

31Dealer certification scheme

Part 2.5—Registration

Division 1—Register

38Information to be recorded in register

39Changes to be recorded in the register

39APower to correct an error or omission in the register

40Registered operator may search the register

Division 2—Certificates

41Certificates of registration

42Replacement of certificate of registration

Division 3—Registration period

43Period of registration

Division 4—Registration numbers

44Registration numbers

Division 5—Number plates

45Number plates

46Replacement of lost, stolen etc. number plates

47Number plates property of the State

48Affixing number plate

48AHybrid vehicles

48BElectric powered passenger cars

49Obligation if towing another vehicle

50Offence—use of vehicles and number plates

50AAuthority given by Secretary

Division 7—Obligations

56Obligations of registered operators

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

Division 1—Registration number rights

57Sale of registration number rights

58Refusal to sell registration number rights

59Transfer of registration number rights

60Grounds for cancellation of registration number rights

61Notice of cancellation of registration number rights

62Compensation

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

63Non-standard number plates

63AIssue of non-standard number plates for commercial passenger vehicles

64Slimline number plates

Division 3—Authorised agents

65Authorisation of agents

Part 2.7—Renewal of registration

66Notice of renewal of registration

67Application for renewal of registration

68Period of renewal of registration

69Renewal of registration

70Return of number plates

Part 2.8—Transfer of registration

Division 1—Obligations of persons disposing of registered vehicles

71Obligations of certain persons disposing of registered vehicle

72Dealer disposing of registered vehicle to person who is not a dealer must provide certificate of roadworthiness

73Dealer disposing of registered vehicle to person other than dealer must give Secretary documents etc.

74Division not applicable in certain circumstances

Division 2—Obligations of acquirers

75Obligations of acquirers other than under legal process

76Obligations of a person acquiring possession under court order or other legal process

77Repossession and restoration

78Application for transfer by joint owners

79Application for transfer of registration by legal personal representative

80Mandatory refusal to record transfer

81Discretionary refusal to record transfer

81AIncomplete application for transfer of registration

82Notice of refusal to record transfer

83Secretary may make entry in register pending application for transfer

84New certificate of registration to be issued

Part 2.9—Written-off vehicles

85Application of Part

86Definitions

87Obligations of insurers and self-insurers in relation to write-offs

88Obligations of motor wreckers in relation to write‑offs

89Obligations of motor car traders in relation to write‑offs

90Obligation to disclose information to purchaser of written-off vehicle

91Obligation of insurer or self-insurer to affix notices or labels to write‑offs

92Obligation of motor wrecker or motor car trader to affix notices or labels on write‑offs

93Entering vehicle on the register of written‑off vehicles

93ARegister of written-off vehicles

94Information to be included if motor vehicle entered on register

95Removal or amendment of entries on the register of written‑off vehicles

96Certified extract of information from the register of written-off vehicles

97Register and renewal of registration of written-off vehicles

97ARegister and renewal of registration of repairable write-off where cosmetic hail damage only

98Form and supply of VIV certificate

99Authorisation of persons to issue certificate

100Renewal of registration

Part 2.10—Fees

101Fees for registration and renewal of registration of heavy vehicles

102Concessional registration fees for other vehicles

103Fees for the transfer of registration

104Search and extract fees

106Refunds

107Application of certain fees

108Fees for interstate registration functions

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

Division 1—Expiry

109Expiry of registration

Division 2—Surrender

110Application for surrender

111Requirements for surrender

112Approval of application

113Cancellation of registration because of application to surrender registration

Division 3—Suspension

114Grounds for suspension

115Procedure for suspension

116Effect of suspension

Division 4—Cancellation

117Cancellation of registration

118Obligation of registered operator if registration cancelled

119Cancellation of registration of written-off vehicles

Part 2.12—Review and appeal rights

Division 1—Internal review

120Grounds for internal review

121When application for internal review must be made

122Who is to conduct internal review

123Decision about internal review

Division 2—Internal review of decisions about written-off vehicles

124Who may apply for review

125When application must be made

126Who must consider application for internal review

127Decision about internal review

Division 3—External review

128Application for external review

Division 4—Appeals

129Appeal to the Magistrates' Court

Chapter 3—Use of unregistered vehicles

Part 3.1—Exemptions

130Exemption for vehicles used for the purpose of obtaining registration

131Exemption for vehicles temporarily in Victoria

132Exemption of vehicle by Secretary

Part 3.2—Short term unregistered vehicle permits

133Application for permit

134Decision about issuing permit

135Authorisation given by permit

136Permit may be subject to conditions

137Variation, revocation or expiry of permit

Part 3.3—General identification marks and trade plates

Division 1—Preliminary

138Definitions

139Interpretation

Division 2—Identification marks and trade plates

140Application for identification mark and trade plates

141Assignment of general identification mark and supply of trade plates

142Annual fee for general identification mark and trade plates

144Persons who cease to be eligible persons

Division 3—Use of unregistered vehicles on a highway

145Use of unregistered vehicles with trade plates

146Use of unregistered vehicle on highway without trade plate

147Use of unregistered vehicle with trade plates by manufacturer or dealer

148Use of unregistered vehicle with trade plates by prospective purchaser

149Use of unregistered vehicle with trade plates by fleet owner

150Use of unregistered vehicle with trade plates by certain eligible persons

151Unregistered vehicle with trade plates may be used to carry or tow another vehicle

Part 3.4—Club permits

152Definitions

153Club permit is a registration permit

154Approval of vehicle club

155Application for club permit

156Issue of club permit, club permit label and log book

157Log book obligations

157ADuration and conditions of club permit

157BAuthorisation given by club permit

157CRenewal of club permit

157DVehicle audits

157ESuspension or cancellation of club permits

157FReplacement log book

157GClub permit number plates

157HDisposal of vehicles operated under club permits

157INotification regarding club membership

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

Part 4.0—Preliminary matters

157KNon-application to heavy vehicles

Part 4.1—General mass limits

158Mass limits for vehicles

159Mass limits for tyres, wheels and axles

163Mass limit for trailers being towed by light motor vehicles

Part 4.2—General dimension limits

164Maximum heights

165Maximum width for vehicles

166Maximum length for motor vehicles

167Maximum length for trailers

168Maximum length for combinations

169Rear overhang

170Trailer drawbar lengths

171Ground clearance

172Front and side projections

Part 4.3—Other requirements

173Warning signals for certain rear projections

Part 4.4—Offences and exemptions

174Offence to use on a highway a vehicle that does not comply with a relevant dimension limit

175Offence to use on a highway a vehicle that does not comply with regulation 173

176Dimension 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

177Class O vehicle

Division 2—Class O notices

178Exemption from Schedule 7 by class O notice

179Contents of class O notices

Division 3—Class O permits

180Exemption from Schedule 7 by class O permit

181Contents of class O permits

Division 4—Offences

182Offence to fail to comply with a relevant requirement of Schedule 7

183Offences for failing to comply with certain pilot vehicle requirements

184Offences for failing to comply with number of pilot vehicles required

185Offences for failing to comply with pilot vehicle requirements contained in Part 5 of Schedule 7

186Failure 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

199Secretary may license persons and approve premises for examining and testing vehicles

200Application for licence or approval

201Secretary may issue licence

202Approval of additional or replacement premises

203Duration of tester's licence

204Tester's licence may be subject to conditions

205Tester's licence may be for more than one premises

206Renewal of licence

207Secretary to keep register of licensed testers

208Duplicate tester's licence

209Tester's licence not transferable

Part 6.2—Supervision of testers

210Failure to pay renewal fee

211Suspension and cancellation of tester's licence

212Failure to comply with notice

213Action on expiry, surrender, suspension or cancellation of tester's licence

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

214Equipment to be used in examining and testing vehicles

215Qualifications of persons employed in testing

216Proof of qualifications

Part 6.4—Duties of licensed testers

217Display of signs

218General duties of licensed tester

219Duty of licensed tester to keep records

220Secretary may give directions about examining and testing of vehicles

221First and second examination and test

222Completing test reports

223Certificates of roadworthiness

224Testers to operate at premises for which licensed

Part 6.5—Issue of certificates of roadworthiness and test reports

225Form of certificate of roadworthiness

226Form of test reports

227Issue of certificates of roadworthiness

228Supply of certificates of roadworthiness and test reports

229Cancellation of unused certificates

230Security of certificates and reports

231Certificate and test forms not transferable

232Power to impound false certificate of roadworthiness

233Offence to substitute equipment on tested vehicle

Part 6.6—Records of repairs

234Garages to keep record of repairs of vehicles

Chapter 7—Vehicle defect notices for light vehicles

234ANon-application to heavy vehicles

235Type of vehicle defect notice

236What must be included in vehicle defect notice

237How vehicle defect notice to be given to driver or registered operator

238Driver of vehicle to give notice to registered operator

239What defective vehicle label must contain

240Use of vehicles in breach of notice conditions

241Recording of vehicle defect notices

242Clearance of vehicle defect notices

243Withdrawal of vehicle defect notice

244Offence for unauthorised removal or defacement of defective vehicle label

Chapter 8—General offences

244ANon-application to heavy vehicles

245Altered number plates

245AAltered club permit labels

246Incorrect number plates

247Representations of number plates

248Load restraint requirement

249Towing offences

250Attachment of sidecar

251Noise

252Offence for travel by vehicle where a posted mass or dimension limit would be exceeded

253Offence for vehicle to travel where height restriction would be exceeded

254Warning signs and warning lights must not be displayed if not required

255Other lights to be in working order

256Signs to be kept clean and unobscured

257Use of modified vehicles

258Use of vehicles not complying with standards

259Other use of vehicle offences

260Keeping documents

Chapter 9—Hazardous areas

261Definitions and application of this Chapter

262Declaration of hazardous areas

263Relevant vehicle not to be used in hazardous area without authority

264Requirements for authority

265Driver to carry hazardous area authority

266Relevant vehicle must be safe and roadworthy

267Requirements for relevant vehicles in hazardous areas

Chapter 10—General

268Exemptions in emergencies

269Person may be found guilty of offence only once in respect of the same circumstances

Chapter 11—Transitional provisions

270Ownership of registration number rights

271Previously registered vehicles

272Previously issued number plates

273Previously approved motor vehicle clubs

274Permits

275Notices

276Continuation of dealer certification scheme

277Savings provision—fees for certification of compliant system of electronic stability control

278Notices and permits following Heavy Vehicle National Law (Victoria)

Schedules

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. 033

Road Safety (Vehicles) Regulations 2009

S.R. No. 118/2009

Version incorporating amendments as at

2 June 2020

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

(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 9 November 2009.

4Revocations

The Regulations set out in Schedule 1 are revoked.

Part 1.2—Interpretation

5Definitions

In these Regulations—

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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;

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approved air suspension system, in relation to a vehicle, means a suspension system where—

(a)vertical movement between each axle and the body of the vehicle is controlled by variations in the pressure of air in an air spring; and

(b)the proportion of the vehicle's mass that is borne by the air spring remains substantially constant despite variations in the pressure of air in the air spring; and

(c)in the case of an axle group, is a load sharing suspension system;

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

approved training scheme has the same meaning as it has in the Education and Training Reform Act 2006;

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

ATM means aggregate trailer mass;

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

authorised officer means a person authorised under regulation 7;

axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group, quad-axle group or oversize tri-axle group;

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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;

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 an 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;

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Figure 2: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 21;

certificate of inspection means a certificate issued by the Secretary that—

(a)specifies the components of the vehicle requiring inspection; and

(b)states that the components are not defective;

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 178;

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class O permit means a permit issued by the Secretary under regulation 180;

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class O vehicle has the meaning given in regulation 177;

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combination means a group of vehicles consisting of a motor vehicle connected to one or more other vehicles;

compliance plate has the same meaning as in Schedule 4;

compliant system of electronic stability control means a system of electronic stability control that—

(a)complies with the United Nations electronic stability control standard; or

(b)has been determined to be acceptably equivalent to that standard by the Corporation under regulation 33 as in force before 1 November 2013; or

(c)complies with ADR 31/02 or ADR 35/03;

complying bus means a bus that—

(a)has two or three axles and a single steer axle; and

(b)is fitted with a compliance plate in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth indicating that the bus was manufactured after June 1994; and

(c)meets the emergency exit specifications set out in ADR 44; and

(d)meets the rollover strength specifications set out in ADR 59; and

(e)meets the occupant protection specifications set out in ADR 68; and

(f)is equipped with an approved air suspension system;

container vehicle means a 3 axle prime mover and tri-axle semi-trailer combination carrying one or more containers when—

(a)operating on a container vehicle route; or

(b)operating solely within a container vehicle area of operation;

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

container vehicle route means a route over highways declared under regulation 6(d) as a container vehicle route;

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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;

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;

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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;

domestic partner of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(a)for fee or reward; or

(b)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

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 7 of the Table to Schedule 3;

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

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

eligible vehicle (except in Part 3.4 of Chapter 3) means a vehicle that is eligible for registration in accordance with regulation 14;

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;

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;

GCM (gross combination mass) has the same meaning as in section 3(1) of the Road Safety Act 1986;

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;

ground contact width—

(a)in relation to an axle, means the distance between the outermost point of ground contact of the outside tyres on each end of the axle; and

(b)in relation to an axle group, means the greatest ground contact width of all the axles in the group;

Figure 3:Illustration of ground contact width of an axle.

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;

GVM has the same meaning as in section 3(1) of the Road Safety Act 1986;

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hazardous area means an area in respect of which a declaration under regulation 262 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;

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; and

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

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;

km/h means kilometres per hour;

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;

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, in relation to a vehicle, includes anything that is removed from the vehicle when not in use;

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

load-sharing suspension system means an axle group suspension system that—

(a)is built to divide the load between the tyres on the group so that no tyre carries a mass more than 10% greater than the mass it would carry if the load were divided equally; and

(b)has effective damping characteristics on all axles of the group;

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 4:Illustration of a low-beam headlight.

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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(e) 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)in relation to a vehicle for which there is 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 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 21;

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;

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

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 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, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports;

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 6 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;

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 vehicle that was registered for part of a year, in the preceding 12 months; or

(ii)in any other case, in the preceding 3 months;

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 101 or 102;

registration number means a combination of one or more letters or numbers (or both) determined by the Secretary;

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;

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Road Rules means the Road Safety Road Rules 2017;

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safety risk means danger to a person, to property or to the environment;

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;

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

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;

spouse, in relation to a person, means a person to whom the person is married;

standard number plate means a number plate that, at the time of issue, is of the design, size, colour and material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates;

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;

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 103;

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;

United Nations electronic stability control standard means Global technical regulation No. 8 published by the United Nations Economic Commission for Europe and established in the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as amended by the Corrigendum established in the Global Registry on 12 November 2008 [ECE/TRANS/180/Add.8/Corr.2];

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

used, in relation to a vehicle referred to in regulation 25(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 fee code means a combination of 2, 3 or 4 letters or numbers or both, chosen and used by the Secretary to designate the registration fee for a 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 for registration described in clause 1 of Schedule 2;

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;

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

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

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(h)a body to be an approved body for the purposes of regulation 215(1)(a);

(i)a modification to a light vehicle to be an approved modification for the purposes of regulation 21(3);

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

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7Secretary may authorise officers for the purposes of Regulations

The Secretary may authorise in writing a person to be an authorised officer 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.

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10AVehicle 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 for the purposes of these Regulations—

(a)application forms for the purposes of regulations 24, 59, 71, 77, 78, 79, 140, 155, 157C, 180, 200 and 206;

(b)notices or labels for the purposes of regulations 91 and 92;

(c)reports for the purposes of regulation 31, 98, 225 and 226.

(2)The Secretary must ensure 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)for transporting the combs of a grain header;

(c)a trailer that is a bulk bin used exclusively for holding grain;

(d)a trailer that is constructed and used exclusively for the carriage of 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)does not exceed in width 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.

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, has attained the age of 18 years; or

(B)in the case of a motor cycle, has attained the age of 17 years and 9 months; or

(C)in the case of any other vehicle, has attained the age of 17 years; or

(ii)a corporation; and

(b)the vehicle is owned by, or is under the management of, that person.

14Eligible vehicles

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

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

(b)the requirements of the Transport Accident Act 1986 and the Duties Act 2000 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.

(2)In the absence of evidence referred to in subregulation (1), the Secretary 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 and engine identification numbers to be stamped or displayed

If a vehicle 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 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 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 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 identification number

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

Penalty:10 penalty units.

19Inspection of identification numbers

(1)This regulation applies if—

(a)the vehicle 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 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 21; or

(b)a certificate of approved operations issued in accordance with regulation 21; or

(c)an identification plate relating to that vehicle.

20AVehicles 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 164; 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.

21Installation of operations plates and the modification of vehicles

(1)The Secretary, or a person the Secretary considers qualified to do so, may—

(a)install an operations plate on; or

(b)issue a certificate of approved operations—

for a vehicle that does not comply with the standards for registration.

(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 a person appointed as an authorised officer under regulation 7 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 officer as complying with the National Code of Practice for Light Vehicle Construction and Modification published by the Department of Infrastructure, Transport, Cities and Regional Development as Vehicle Standards Bulletin No. 14; or

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

Part 2.4—Application for registration

22Names in which vehicle cannot be registered

A motor vehicle or trailer cannot 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.

23Who 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.

24Form of application

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

(2)The application form may require the applicant to provide information about—

(a)the identity and address of the individual seeking registration as the registered operator of the vehicle; and

(b)the proposed garage address of the vehicle; and

(c)any transport accident charges and duty paid or payable under the Duties Act 2000 in relation to the vehicle.

25Supporting 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 individual seeking to be the registered operator of the vehicle;

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

(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 particular and its 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 24.

26Inspection of vehicles for the purpose of registration

(1)For the purpose of verifying any of the matters specified in regulation 25, the Secretary may require the applicant for registration to submit the vehicle for inspection.

(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.

26AVerification of supporting evidence

(1)The Secretary may require an applicant for registration of a vehicle to make an appointment with the Secretary for the purpose of verifying any of the matters specified in regulation 25, if the inspection of the vehicle under regulation 26 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 25 at the appointment; and

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

27Lodgement 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 25; 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 26.

28Inspection of vehicles

(1)The Secretary, by written notice given to a person, may require the person to present a vehicle for inspection 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)Not less than 24 hours before the time 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.

29Decision 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 or the Duties Act 2000 in relation to the registration of the vehicle, including the payment of any fees or charges required to be paid under the Act or these Regulations in relation to the registration or inspection of the vehicle; or

(c)the vehicle is not fitted with an identification plate; 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 the applicant's rights to internal and external review of the decision under Part 2.12 of Chapter 2.

30Conditional 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.

(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 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.

31Dealer 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 must give dealer certification inspection report forms to a person with whom the Secretary has entered into an agreement under this regulation—

(a)in a book of 25, on payment of the relevant fee specified in Schedule 5; or

(b)in electronic form, on payment of the relevant administrative fee (if any).

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Part 2.5—Registration

Division 1—Register

38Information 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;

(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 and, if there is another address for service of notices on the registered operator, that address;

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

(f)if the vehicle is conditionally registered, codes 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—

(a)for the purposes of registration; or

(b)for the purposes of the Act and these Regulations.

(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.

39Changes 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.

39APower 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).

40Registered operator may search the register

The registered operator of a vehicle is entitled, on payment of the relevant fee payable under regulation 104—

(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

41Certificates 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—

(i)the vehicle's GVM; and

(ii)the vehicle's GCM; and

(iii)the applicable vehicle charging category under Schedule 4;

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

(h)if the vehicle is registered for part of the year only, the start date of the registration.

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

42Replacement 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

43Period 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)with the Secretary's approval, for another period of not less than 3 months but not more than 9 months 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.

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(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

44Registration 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 (as defined in 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 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

45Number 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.

*                *                *                *                *

(3)If the Secretary cancels registration number rights under regulation 60(a) and assigns a new registration number to the vehicle under regulation 61(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.

46Replacement 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 48.

Note

Section 3(1) of the Act defines non-standard number plate to mean a number plate that, at the time of issue, is not of the design, size, colour or material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates.

47Number 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.

48Affixing 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 5; 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; and

(f)for a motor vehicle other than a motor cycle, one number plate is affixed to the front of the vehicle and another to its rear; and

(g)for a motor cycle or trailer, the number plate is affixed to the rear of the motor cycle or trailer.

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

*                *                *                *                *

48AHybrid vehicles

A hybrid vehicle must have fixed conspicuously to the front and rear number plates a label that is—

(a)made of durable material; and

(b)at least 25 millimetres wide and 25 millimetres high; and

(c)mounted as a diamond; and

(d)reflective green; and

(e)marked "HYBRID" in capital letters at least 6 millimetres high.

(b)at either side of the warning sign.

51Where 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.

52Characteristics 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.

53Warning 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 Retro-reflective Materials and Devices for Road Traffic Control Purposes; 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.

54Material for warning signs on pilot vehicles

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

55Size 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.

56Faces 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; 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.

57Keeping 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.

58Mounting 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

59Requirements 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

60Visibility 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.

61When 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.

62Headlights 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.

63What 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.

64Communication 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) Regulations 2009, S.R. No. 118/2009 were made on 7 October 2009 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 9 November 2009: regulation 3.

The Road Safety (Vehicles) Regulations 2009 will sunset on 5 October 2020: see Subordinate Legislation (Road Safety (Vehicles) Regulations 2009) Extension Regulations 2019, S.R. No. 89/2019.

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) Regulations 2009 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Road Safety (Vehicles) Amendment Regulations 2010, S.R. No. 26/2010

Date of Making:	11.5.10
Date of Commencement:	11.5.10

Road Safety (Vehicles) Amendment (Heavy Vehicles Charges) Regulations 2010, S.R. No. 33/2010

Date of Making:	25.5.10
Date of Commencement:	1.7.10: reg. 3

Road Safety (Drivers) and Road Safety (Vehicles) Amendment (Fees) Regulations 2010, S.R. No. 35/2010

Date of Making:	1.6.10
Date of Commencement:	Regs 6–9 on 1.7.10: reg. 3

Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2010, S.R. No. 80/2010

Date of Making:	17.8.10
Date of Commencement:	17.8.10

Road Safety (Vehicles) Amendment (Club Permit) Regulations 2010, S.R. No. 116/2010

Date of Making:	19.10.10
Date of Commencement:	1.2.11: reg. 3

Road Safety (Vehicles) Amendment (Fees) Regulations 2010, S.R. No. 136/2010

Date of Making:	26.10.10
Date of Commencement:	26.10.10

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2011, S.R. No. 51/2011

Date of Making:	28.6.11
Date of Commencement:	Regs 22–50 on 1.7.11: reg. 3

Road Safety (Vehicles) Amendment (Fees) Interim Regulations 2012, S.R. No. 10/2012

Date of Making:	21.2.12
Date of Commencement:	Reg. 5 on 1.4.12: reg. 3(1)

Road Safety (Vehicles) Amendment (Fire Services Commissioner) Regulations 2012, S.R. No. 25/2012

Date of Making:	3.4.12
Date of Commencement:	3.4.12

Road Safety (Vehicles) Amendment (Heavy Vehicle Fees) Regulations 2012, S.R. No. 37/2012

Date of Making:	29.5.12
Date of Commencement:	1.7.12: reg. 3

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2012, S.R. No. 71/2012

Date of Making:	28.6.12
Date of Commencement:	Regs 5–7 on 1.7.12: reg. 3

Road Safety (Vehicles) Amendment Regulations 2012, S.R. No. 156/2012

Date of Making:	11.12.12
Date of Commencement:	11.12.12

Road Safety (Vehicles) Amendment Regulations 2013, S.R. No. 26/2013

Date of Making:	26.2.13
Date of Commencement:	30.3.13: reg. 3

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2013, S.R. No. 58/2013

Date of Making:	4.6.13
Date of Commencement:	Regs 5–7 on 1.7.13: reg. 3

Road Safety (Vehicles) Amendment (Taxi Services Commission) Regulations 2013, S.R. No. 87/2013

Date of Making:	25.6.13
Date of Commencement:	1.7.13: reg. 3

Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2013, S.R. No. 133/2013

Date of Making:	29.10.13
Date of Commencement:	1.11.13: reg. 3

Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013, S.R. No. 150/2013

Date of Making:	3.12.13
Date of Commencement:	Regs 4–78 on 10.2.14: reg. 3

Road Safety (Vehicles), (Drivers) and (General) Amendment (Registration) Regulations 2013, S.R. No. 153/2013

Date of Making:	3.12.13
Date of Commencement:	Regs 4–14 on 1.1.14: reg. 3

Road Safety (Vehicles) Amendment (Written-off Vehicles) Regulations 2013, S.R. No. 176/2013

Date of Making:	17.12.13
Date of Commencement:	Regs 7, 8 on 17.12.13: reg. 3(1); reg. 5 on 1.1.14: reg. 3(2); reg. 6 on 1.1.14: reg. 3(3)

Road Safety (Vehicles) Amendment (Heavy Vehicle National Law) Regulations 2014, S.R. No. 23/2014

Date of Making:	29.4.14
Date of Commencement:	29.4.14

Road Safety (Drivers) and (Vehicles) Amendment Regulations 2014, S.R. No. 46/2014

Date of Making:	27.5.14
Date of Commencement:	Reg. 6 on 27.5.14: reg. 3(1)

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2014, S.R. No. 85/2014

Date of Making:	24.6.14
Date of Commencement:	Regs 5–7 on 1.7.14: reg. 3

Road Safety (Vehicles) Amendment (Emergency Management Commissioner) Regulations 2014, S.R. No. 131/2014

Date of Making:	16.9.14
Date of Commencement:	16.9.14

Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014, S.R. No. 199/2014

Date of Making:	29.10.14
Date of Commencement:	Reg. 9 on 1.11.14: reg. 3(1)

Road Safety (Vehicles) Amendment Regulations 2014, S.R. No. 201/2014

Date of Making:	29.10.14
Date of Commencement:	29.10.14

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2015, S.R. No. 79/2015

Date of Making:	23.6.15
Date of Commencement:	Regs 5–7 on 1.7.15: reg. 3

Road Safety (Vehicles) Amendment (Declared Apprenticeships) Regulations 2015, S.R. No. 118/2015

Date of Making:	13.10.15
Date of Commencement	16.11.15: reg. 4

Road Safety (Drivers) and (Vehicles) Amendment (Miscellaneous Fees) Regulations 2015, S.R. No. 159/2015

Date of Making:	15.12.15
Date of Commencement	Regs 13–17 on 1.2.16: reg. 3

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016, S.R. No. 50/2016

Date of Making:	24.5.16
Date of Commencement:	Regs 5–8 on 1.7.16: reg. 3

Road Safety (Vehicles) Amendment (Australian Border Force Vehicles) Regulations 2016, S.R. No. 93/2016

Date of Making:	26.7.16
Date of Commencement:	16.8.16: reg. 3

Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017, S.R. No. 42/2017

Date of Making:	6.6.17
Date of Commencement:	Regs 12, 13 on 1.7.17: reg. 3

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2017, S.R. No. 100/2017

Date of Making:	26.9.17
Date of Commencement:	Regs 5–7 on 1.10.17: reg. 3

Road Safety (Vehicles) Amendment (Short Term Registration) Regulations 2017, S.R. No. 117/2017

Date of Making:	15.11.17
Date of Commencement:	1.1.18: reg. 3

Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2018, S.R. No. 89/2018

Date of Making:	26.6.18
Date of Commencement:	Regs 5–23 on 1.7.18: reg. 3

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2019, S.R. No. 54/2019

Date of Making:	25.6.19
Date of Commencement:	Regs 5–7 on 1.7.19: reg. 3

Road Safety (Automated Vehicles), (Drivers), (General), (Traffic Management) and (Vehicles) Amendment Regulations 2019, S.R. No. 172/2019

Date of Making:	23.12.19
Date of Commencement:	Reg. 9(Sch. 5) on 1.1.20: reg. 3

Road Safety (Vehicles) Amendment Regulations 2020, S.R. No. 46/2020

Date of Making:	2.6.20
Date of Commencement:	2.6.20: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Amendments Not in Operation

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

4   Explanatory details

[1] Reg. 6: S.R. No. 84/2018 as amended by S.R. Nos 84/2018, 53/2019 and 166/2019.

[2] Sch. 2 cl. 150(1): S.R. No. 159/2013.

——

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 years commencing 1 July 2019 and 1 July 2020 is $14.81. 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 years commencing 1 July 2019 and 1 July 2020 is $165.22.

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.

Table of Applied, Adopted or Incorporated Matter

Note that the following table of applied, adopted or incorporated matter was included in S.R. No. 118/2009 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Definition of United Nations electronic stability control standard in regulation 5(1)	Global technical regulation No. 8 published by the United Nations Economic Commission for Europe and established in the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as amended by the Corrigendum established in the Global Registry on 12 November 2008 [ECE/TRANS/180/ Add.8/Corr.2]	The whole
Definition of forward-control passenger vehicle (MB) in regulation 5(1)	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 off-road passenger vehicle (MC) in regulation 5(1)	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

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Definition of passenger car (MA) in regulation 5(1)	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 5 and clause 3 (definitions of 50 millimetre kingpin and 90 millimetre kingpin) and clauses 165, 166 and 167 of Schedule 2	Australian Standard AS 2175–1990 Articulated Vehicles Kingpins	The whole
Regulation 5 and clause 3 (definition of road tank vehicle) of Schedule 2	Australian Code for the Transport of Dangerous Goods by Road and Rail, seventh edition implemented by 31 December 2008	Volume 1 Division 1.1—Interpretation
Regulation 5, 21 and Part 3 of Schedule 2	Vehicle Standards Bulletin No. 6 - Heavy Vehicle Modifications and Vehicle Standards Bulletin No. 14 National Code of Practice for Light Vehicle Construction and Modifications, both published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government	The whole

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 and clauses 17 and 19 of Schedule 2	Australian Design Rules for Motor Vehicle Safety and Trailers, second edition, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government	The whole
Regulation 5 and clauses 18 and 20 of Schedule 2	Australian Design Rules for Motor Vehicles and Trailers, third edition, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government	The whole
Regulation 5 and clauses 3 and clause 23(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
Regulation 5 and clause 23(2)(b) of Schedule 2	Second and third edition ADR 5	The whole
Regulation 5 and clause 23(2)(c) of Schedule 2	Second edition ADR 34; third edition ADR 5 and 34	The whole
Regulation 5 and clause 23(2)(d) of Schedule 2	Second and third edition ADR 22	The whole

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 and clause 33(1)(b) of Schedule 2	British Standard AU200–1a:1984 Spray Reducing Devices for Heavy Goods Vehicles, published by the British Standards Institute on 13 August 1984	Parts 1 and 2
Regulation 5 and clause 41(3) of Schedule 2	Australian Standard AS 2513–1982 Electrical Connections for Trailer Vehicles	The whole
Regulation 5 and clause 41(5) of Schedule 2	Third edition ADR 63	The whole
Regulation 5 and clause 43(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

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 and clause 53 of Schedule 2	Australian Standard AS 1973–1976 Retreaded Pneumatic Passenger Car and Light Truck Tyre; Australian Standard AS 1973–1985 Retreaded Pneumatic Passenger and Light Truck Tyre; Australian Standard AS 1973–1993 Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes, published by Standards Australia on 15 November 1993	The whole
Regulation 5 and clause 62(3) of Schedule 2	Australian Standard AS 1744–1975 Forms of Letters and Numerals for Road Signs, published by Standards Australia on 20 January 1975	The whole
Regulation 5 and clauses 62(7) and 117(3) of Schedule 2	Australian Standard AS 1906 Retro-reflective Materials and Devices for Road Traffic Control Purposes	Part 1
Regulation 5 and clause 116(7) of Schedule 2	Third edition ADR 6	The whole
Regulation 5 and clauses 117(1) and 117(2) of Schedule 2	Australian Standard AS 1743 - Road Signs	Image W6-3
Regulation 5 and clause 119(1) of Schedule 2	Vehicle Standards Bulletin No. 12 – Rear Marking Plates, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government	The whole
Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 and clauses 136(1) and 137 of Schedule 2	Second edition ADR 35A; third edition ADR 35	The whole
Regulation 5 and clause 136(2) of Schedule 2	Third edition ADR 64	Clause 64.5.2
Regulation 5 and clause 138 of Schedule 2	Second edition ADR 38; third edition ADR 38; third edition ADR 38/01	The whole
Regulation 5 and clause 143(2) of Schedule 2	Australian Standard AS D8–1971 Hose Couplings for Use with Vacuum and Air-Pressure Braking Systems on Prime Movers, Trailers and Semi-Trailers	The whole
Regulation 5 and clause 154(1)(a) of Schedule 2	Australian Standard AS 1425 LP Gas Fuel Systems for Vehicle Engines in force as at the commencement of clause 154(1)(a)	The whole
Regulation 5 and clause 154(3)(c) of Schedule 2	Australian Standard AS 1742–1975 Manual of Uniform Traffic Control Devices, Appendix C, Class 2	Material related to class NP
Regulation 5 and clause 155 of Schedule 2	Third edition ADR 65	The whole
Regulation 5 and clauses 161, 163 and 164 of Schedule 2	Australian Standard AS 1773–1990 Articulated Vehicles—Fifth Wheel Assemblies; and Australian Standard AS 1771–1987 Installation of Fifth Wheel and Turntable Assemblies	The whole

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 and clauses 168 and 170 of Schedule 2	Australian Standard AS 2213–1984 50mm Pin Type Couplings and Drawbar Eyes for Trailers	The whole
Regulation 5 and clause 174 of Schedule 2	ADR 8 Safety Glass; ADR 12 Glare Reduction in Field of View; ADR 14 Rear Vision Mirrors; ADR 16 Windscreen Wipers and Washers; ADRs 18 and 18A Location and Visibility of Instruments: ADRs 35 and 35A Commercial Vehicle Braking Systems	The whole
Regulation 21(3)(c)(i)	Vehicle Standards Bulletin No. 14 - National Code of Practice for Light Vehicle Construction and Modification, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government	The whole
Regulation 164 and clauses 12, 32, 43 and 47 of Schedule 8, and clauses 22 and 28 of Schedule 9	"Height Clearance on Roads" published by VicRoads in January 2000	The whole
Regulation 187 and clauses 12, 32, 43 and 47 of Schedule 8	"Height Clearance on Roads" published by VicRoads in January 2000	The whole

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 172 and clauses 62(7) and 117(3)(c) of Schedule 2 and clauses 9(6)(b), 14(1)(a), 53(1)(a) of Schedule 7	Australian Standard 1906 Retro-reflective Materials and Devices for Road Traffic Control Purposes	The whole
Regulation 172 and clauses 17(1) and 56(1) of Schedule 7	Australian Standard 1744–1975, "Forms of Letters and Numerals for Road Signs known as Standard Alphabets for Road Signs (metric units)", published by Standards Australia on 20 January 1975	The whole
Regulation 172 and clause 36(1) of Schedule 7	Third edition ADR 13	The whole
Regulation 248(2)	Load Restraint Guide, second edition 2004, published by the National Transport Commission	The whole
Regulations 5 and 33	Global technical regulation No. 8 published by the United Nations Economic Commission for Europe and established in the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as amended by the Corrigendum established in the Global Registry on 12 November 2008 [ECE/TRANS/180/Add.8/Corr.2]	The whole

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Clause 148A of Schedule 2	In-Service Motor Vehicles - September 2006 (ISBN: 1 9211 68 50 1) published by National Transport Commission	The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 26/2010 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4 which amends the definition of complying bus in regulation 5 of the Road Safety (Vehicles) Regulations 2009	Third edition ADR 44 Third edition ADR 59 Third edition ADR 68	The whole The whole The whole
Regulation 10 which amends regulation 34 of the Road Safety (Vehicles) Regulations 2009	Third edition ADR 31/02 Third edition ADR 35/03	The whole The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 133/2013 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4 which amends the definition of compliant system of electronic stability control in regulation 5	Third edition ADR 31/02 Third edition ADR 35/03	The whole The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 23/2014 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 3 which inserts the definition of NHVR Code of Practice for the Approval of Heavy Vehicle Modifications in regulation 5 of the Road Safety (Vehicles) Regulations 2009	NHVR Code of Practice for the Approval of Heavy Vehicle Modifications published by the National Heavy Vehicle Regulator in February 2014	The whole
Regulation 4 which amends regulation 21(3)(b) of the Road Safety (Vehicles) Regulations 2009	NHVR Code of Practice for the Approval of Heavy Vehicle Modifications published by the National Heavy Vehicle Regulator in February 2014	The whole
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 7 which amends the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009	NHVR Code of Practice for the Approval of Heavy Vehicle Modifications published by the National Heavy Vehicle Regulator in February 2014	The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 46/2020 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
Regulation 18 which inserts the definition of conspicuity markings in clause 3 of Schedule 2	Vehicle Standard (Australian Design Rule 13/00—Installation of Lighting and Light Signalling Devices on other than L-Group Vehicles) 2005	The whole
Regulation 18 which inserts the definitions of rear marking plates and VSB 12 in clause 3 of Schedule 2	"Vehicle Standard Bulletin 12—National Code of Practice for Rear Marking Plates for all motor vehicles over 12 tonnes GVM and for all trailers over 10 tonnes GVM", as published from time to time by the 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 22 which amends clause 119 of Schedule 2	"Vehicle Standard Bulletin 12—National Code of Practice for Rear Marking Plates for all motor vehicles over 12 tonnes GVM and for all trailers over 10 tonnes GVM", as published from time to time by the Department of Infrastructure, Transport, Regional Development and Communications	The whole