Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 (Vic)

Road Safety (Vehicles) (Written-off Vehicles)

Regulations 2002

S.R. No. 29/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	2
3.	Commencement	2
4.	Principal Regulations	2
5.	Supporting evidence for registration	2
6.	Obligations of registered operators	2
7.	Insertion of new Division 6A of Part 2	2
Division 6A—Written-off Vehicles	3
234A.	Definitions and application of Division	3
234B.	Obligations of insurers and self-insurers to report
write-offs	4
234C.	Obligations of motor wreckers to report write-offs	6
234D.	Obligations of motor car traders to report write-offs	7
234E.	Defence for failing to report write-offs	8
234F.	Obligation to affix notices or labels to statutory
write-offs	8
234G.	Making entries on the register of written-off vehicles	9
234H.	Removal or amendment of entries on the register of
written-off vehicles	10
234I.	Availability of information on the register of written-off
vehicles	11
234J.	Registration and renewal of registration of written-off
vehicles	11
8.	Search and extract fees for register of written-off vehicles	13
9.	New regulation 246A inserted	13
246A.	Cancellation of registration of written-off vehicles	13
10.	Change of heading	14
11.	New regulation 247A inserted	14

247A.	Internal review of decisions in relation to written-off
vehicles 14

12.	New regulation 248A inserted	16
248A.	Appeal to the Magistrates' Court	16

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Regulation Page

13.      Search and extract fees in respect of number plates and

registration numbers 17

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ENDNOTES 18

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STATUTORY RULES 2002

S.R. No. 29/2002

Road Safety Act 1986

Road Safety (Vehicles) (Written-off Vehicles)

Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 16 April 2002
Responsible Minister:

PETER BATCHELOR Minister for Transport

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the prescribe—

(a)	requirements for notifying the Corporation of written-off vehicles;
(b)	the process by which information in respect of a vehicle may be entered on the register of written-off vehicles;
(c)	the process by which a repairable write-off may be registered for use on a highway;
(d)	the process for removal or amendment of entries on the register of written-off vehicles;

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(e)	fees for information from the register of written-off vehicles and for various certificates;
(f)	the procedure for appeals to the Magistrates' Court from decisions of the Corporation.

2. Authorising provision

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

3. Commencement

These Regulations come into operation on 1 May

2002.

4. Principal Regulations

In these Regulations, the Road Safety (Vehicles)
Regulations 19991 are called the Principal

Regulations.

5. Supporting evidence for registration

In regulation 211 of the Principal Regulations,

after paragraph (f) insert

"(fa) in the case of a motor vehicle the vehicle

identifier of which is entered on the register of written-off vehicles as a repairable write- off, that the vehicle is the original vehicle to which the vehicle identity was assigned;".

6. Obligations of registered operators

In regulation 225 of the Principal Regulations, sub-regulation (2) is revoked.

7. Insertion of new Division 6A of Part 2

After Division 6 of Part 2 of the Principal
Regulations, insert

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'Division 6A—Written-off Vehicles

234A. Definitions and application of Division

(1) In this Division

"motor car trader" has the same meaning

as in the Motor Car Traders Act
1986;

"relevant date" means—

(a) written off by an insurer or self-
insurer—the date on which the
insurer or self-insurer made a
determination under section

in the case of vehicle that is the vehicle;

(b) being or has been demolished or
dismantled by a motor wrecker—
the date on which the motor

in the case of a vehicle that is dismantle the vehicle;

(c)	in the case of a vehicle that is in the care, custody or control of a motor car trader—the date on
which the vehicle came into the care, custody or control of the motor car trader;

"relevant identification information", in relation to a motor vehicle, means

(a)	the registration number of the vehicle (if any); and
(b)	the vehicle identifier of the vehicle; and

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(c) the make, model and body type of the vehicle; and

(d) whether the vehicle is

(i)  a light motor vehicle other than a motor cycle; or

(ii) a motor cycle.

(2) This Division applies to motor vehicles

(including motor cycles) that are light motor
vehicles designed solely or principally for
the transport on roads of people, animals or

goods.

234B. Obligations of insurers and self-insurers to

report write-offs

(1) An insurer must provide to the Corporation the information referred to in sub-regulation (4) for each late model vehicle that is written off (anywhere in Australia) in the course of

the business carried on by the insurer.

Penalty: 20 penalty units.

(2) A self-insurer must provide to the

Corporation the information referred to in
sub-regulation (4) for each late model
vehicle that is written off (anywhere in
Australia) by the self-insurer.

Penalty: 20 penalty units.

(3) Information must be provided under sub-

regulation (1) or (2)—

(a)

before the insurer or self-insurer 7 days after the relevant date; or

(b) within such later time approved by the Corporation, either in a particular case or generally.

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(4) For the purposes of sub-regulations (1) and (2), the information is

(a) the relevant identification information
for the vehicle; and

(b) the relevant date; and

(c) whether the vehicle is

(i) a statutory write-off; or

(ii) a repairable write-off

including a statement of the event or
circumstances that, in the opinion of the
insurer or self-insurer, result in the
vehicle being a statutory write-off or a
repairable write-off, described by
reference to such codes or terms
approved by the Corporation from time

to time; and

(d) the location and severity of the damage to the vehicle, described by reference to such codes or terms approved by the

Corporation from time to time; and

(e) the name and address of the insurer or self-insurer (unless the information is lodged electronically with the

Corporation); and

(f) number (if any) of the insurer or self-
insurer (unless the information is

the telephone number and facsimile Corporation); and

(g) the name and address of the person providing the information on behalf of the insurer or self-insurer; and

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(h)

the date on which the above Corporation.

(5) Despite sub-regulations (1) and (2), an insurer or self-insurer is not required to provide information to the Corporation under

this regulation if information about the write- off of the vehicle has been provided for entry on an interstate written-off vehicles register
that is approved by the Minister for the

purposes of this regulation.

234C. Obligations of motor wreckers to report

write-offs

(1) A motor wrecker must provide to the

Corporation the information referred to in
sub-regulation (3) for each late model
vehicle that is demolished or dismantled in
the course of the business carried on by the
motor wrecker.

Penalty: 20 penalty units.

(2) Information must be provided under sub-

regulation (1)—

(a)	before the motor wrecker disposes of the part or parts of the vehicle on which the vehicle identifier is located and within 7 days after the relevant date; or
(b)	within such later time approved by the Corporation, either in a particular case or generally.

(3) For the purposes of sub-regulation (1), the information is

(a) the relevant identification information
for the vehicle; and

(b) the relevant date; and

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(c) the name and address of the motor wrecker (unless the information is lodged electronically with the

Corporation); and

(d) number (if any) of the motor wrecker
(unless the information is lodged

the telephone number and facsimile and

(e)	the name and address of the person providing the information on behalf of the motor wrecker; and
(f)

the date on which the above Corporation.

234D. Obligations of motor car traders to report

write-offs

(1) A motor car trader must provide to the

Corporation information determined by the
Corporation, in the form approved by the
Corporation, for each late model vehicle that
is a written-off vehicle and is in the care,
custody or control of the motor car trader in
the course of the business carried on by the
motor car trader.

Penalty: 20 penalty units.

(2) Information must be provided under sub-

regulation (1)—

(a)	before the motor car trader disposes of the vehicle and within 7 days after the relevant date; or
(b)	within such later time approved by the Corporation, either in a particular case or generally.

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(3) Despite sub-regulation (1), a motor car trader

is not required to provide information to the
Corporation under this regulation if—

(a)	information about the vehicle has been given to the Corporation by an insurer or self-insurer under regulation 234B; or
(b)	the registered operator of the vehicle has informed the Corporation in writing that the registered operator has written off the vehicle.

234E. Defence for failing to report write-offs

It is a defence to a charge under
regulation 234B, 234C or 234D of failing to
provide information to the Corporation about
a vehicle if the defendant proves that the

defendant believed on reasonable grounds

that

(a)	the vehicle was not a written-off vehicle; or
(b)	the defendant was not required in the circumstances to provide the relevant information.

234F. Obligation to affix notices or labels to

statutory write-offs

(1) An insurer, self-insurer, motor wrecker or

motor car trader must affix to a statutory write-off that is in their care, custody or control a notice or label in the form approved
by the Corporation unless a notice or label in
that form has already been affixed to the
vehicle.
Penalty: 20 penalty units.

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(2) The notice or label must be affixed before the insurer, self-insurer, motor wrecker or motor car trader disposes of the vehicle and

within 7 days after the relevant date.

234G. Making entries on the register of written-off

vehicles

(1) The Corporation may enter a motor vehicle on the register of written-off vehicles if

(a) information about the vehicle is

provided to the Corporation

(i)

by an insurer or self-insurer in or

(ii)  by a motor wrecker in accordance with regulation 234C; or

(b) the Corporation considers that the vehicle has been written off.

(2) If the Corporation enters a motor vehicle on the register of written-off vehicles, it must

record on the register

(a) the relevant identification information
for the vehicle; and

(b) whether the vehicle is

(i) a statutory write-off; or

(ii) a repairable write-off; and

(c)

the date referred to in the date on which the vehicle was written off;

(d) information relating to the damage or condition that caused the vehicle to be written off; and

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(e) the date on which the entry was made on the register of written-off vehicles.

(3) The Corporation may record in the register of written-off vehicles—

(a)

any other information provided to the 234C or 234D;

(b) any other information the Corporation considers to be appropriate.

234H. Removal or amendment of entries on the

register of written-off vehicles

(1) A person who claims to own or be entitled to possession of a vehicle that has been entered on the register of written-off vehicles may

apply to the Corporation for the entry to be
removed or amended.

(2) If the Corporation is satisfied that an entry on the register of written-off vehicles is

incorrect, the Corporation may

(a) remove the entry; or

(b) amend the entry by

(i)  in the case of a statutory write-

offamending the entry to a

repairable write-off; or

(ii)  in the case of a repairable write-

offamending the entry to a

statutory write-off;

(c) amend any other information or include further information of the kind referred to in regulation 234G(2) or (3).

(3) The Corporation may require an applicant

under sub-regulation (1) to submit evidence,

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in a form acceptable to the Corporation,

verifying

(a) the identity of the applicant;

(b)	the means by which the applicant became the owner or entitled to possession of the relevant vehicle;
(c)	any matter or thing that is relevant to the consideration of the application.

(4) If the Corporation refuses an application

under sub-regulation (1) to remove or amend
an entry on the register of written-off
vehicles, it must inform the applicant in

writing of—

(a)	the applicant's right under Division 9 to an internal review of the refusal; and
(b)	the applicant's right of appeal under section 16E of the Act.

234I. Availability of information on the register of written-off vehicles

(1) For the purposes of section 92(2A)(d) of the

Act, the information referred to in regulation 234G(2) is prescribed.

(2) On payment of the prescribed fee, a person

may obtain a certified extract of any
information entered in, or derived from, the
register of written-off vehicles, being
information that may be used or disclosed in
accordance with section 92(2A) of the Act.

234J. Registration and renewal of registration of

written-off vehicles

(1) The Corporation may register a vehicle to

which section 16F(3) or (4) of the Act
applies only if

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(a) a certificate issued not more than

the Corporation has been provided with for registration by a person the Corporation considers qualified to issue it, certifying that—

(i)

the vehicle is the original vehicle identifier was assigned; and

(ii) damaged part or component, that
is recorded on the register of
written-off vehicles as the cause
for the vehicle being written off

the damage or condition, or the replaced; and

(b)	the other requirements of these Regulations for registration are satisfied.
Note:	Vehicles to which section 16F(3) and (4) of the Act apply are vehicles that have the same vehicle identifier as a vehicle entered on the register of written-off vehicles (or an equivalent interstate register) as a repairable write-off. A vehicle that has the same vehicle identifier as a statutory write-off cannot be registered—see section 16F(1) and (2) of the Act.

(2) A person must not issue a certificate for the purposes of sub-regulation (1)(a) unless the vehicle has been inspected by, or under the supervision of, the person in accordance with

any instructions issued by the Corporation

for the inspection of written-off vehicles.

(3) The registration of a vehicle under sub-

regulation (1) may be renewed in accordance
with Division 5.'.

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8.  Search and extract fees for register of written-off vehicles

(1) In regulation 238(1) of the Principal Regulations, after "a vehicle" insert "or information relating to a vehicle on the register of written-off vehicles".

(2) In regulation 238 of the Principal Regulations,

after sub-regulation (1) insert—

"(1A) If, in respect of a particular vehicle, a search

information on, both the register of vehicles
and the register of written-off vehicles is
made or issued, the relevant fee in

of, extract from, or certificate in respect of those registers.".

(3) In regulation 238(2)(a) of the Principal

Regulations, for "or a municipal council" substitute ", a municipal council, an insurer, a self-insurer, a motor vehicle wrecker or a motor car trader".

9. New regulation 246A inserted

After regulation 246 of the Principal Regulations insert—

"246A. Cancellation of registration of written-off

vehicles

(1) If the Corporation enters a registered vehicle

on the register of written-off vehicles, it
must—

(a)	cancel the registration of the vehicle; and
(b)	inform the registered operator in writing of—

(i) the cancellation of registration;
and

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(ii)  the registered operator's right under Division 9 to an internal review of the decision to enter the

vehicle on the register of written-
off vehicles.

(2) If the Corporation—

(a)	cancels the registration of a vehicle under sub-regulation (1)(a); and
(b)	the register of written-off vehicles (whether under regulation 234H or

subsequently removes the vehicle from appeal)—

the Corporation must restore the vehicle's

registration.".

10. Change of heading

In the heading to Division 9 of Part 2 of the
Principal Regulations, after "Review" insert

"and Appeal".

11. New regulation 247A inserted

After regulation 247 of the Principal Regulations insert—

"247A. Internal review of decisions in relation to

written-off vehicles

(1) A person whose interests are affected by the	relevant decision may apply to the decision by the Corporation—
(a)	to enter a vehicle on the register of written-off vehicles under regulation 234G(1); or

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(b)	to remove an entry from the register of written-off vehicles under regulation 234H(2)(a), or to refuse to remove an entry from that register; or
(c)	to amend an entry on the register of written-off vehicles under regulation 234H(2)(b) or (c), or to refuse to amend an entry on that register.

(2) An application for internal review must be made within 28 days after the later of—

(a)	the day on which the person is notified of the decision; and
(b)	the day on which the person is informed by the Corporation of the person's right to an internal review.

(3) An application for internal review must be

considered by a person who was not
involved in considering or making the
decision the subject of the review.

(4) After considering an application for internal

review, the Corporation must make a
decision—

(a) affirming the decision; or

(b) varying the decision; or

(c) revoking the decision and making another decision in substitution for it.

(5) The Corporation must notify an applicant for

internal review in writing of its decision
within 28 days after it receives the
application for internal review.

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(6) A decision subject to internal review under this regulation is to be taken to be affirmed by the Corporation if the Corporation has not

given written notice of its decision to the
applicant for internal review within 28 days

after the day the application was made.".

12. New regulation 248A inserted

After regulation 248 of the Principal Regulations insert—

"248A. Appeal to the Magistrates' Court

(1) An appeal to the Magistrates' Court under section 12 or 16E of the Act must be made within 28 days after—

(a) Corporation's decision, if the decision

the affected person is notified of the 247A; or

(b) regulation 247A(5) of the Corporation's

the affected person is notified under under regulation 247A.

(2) If the Corporation fails to notify the affected

person of its decision as required by
regulation 247A(5), the person may appeal to
the Magistrates' Court within 28 days after
the end of the period mentioned in that sub-
regulation.

(3) The Magistrates' Court must cause

particulars of an order made on an appeal to
be sent immediately to the Corporation.

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(4) A person who appeals to the Magistrates' Court under section 12 or 16E of the Act must—

(a) provide notice in writing of the appeal to the clerk of the Magistrates' Court, requesting the clerk to endorse a copy of the notice with the date on which the

appeal is to be heard; and

(b) serve on the Corporation the endorsed copy of the notice, not less than 14 days before the hearing date.".

13.  Search and extract fees in respect of number plates and registration numbers

In item 1 of Schedule 5 to the Principal
Regulations, after "section 84(1)" insert "or

(4A)".

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Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002

Endnotes S.R. No. 29/2002

ENDNOTES

1 Reg. 4: S.R. No. 29/1999. Reprint No. 1 as at 21 December 1999.

Reprinted to S.R. No. 146/1999. Further amended by S.R. Nos 58/2000,
83/2001 and 95/2001.