Road Transport and Related Legislation Amendment Act 2017 (NSW)

An Act to make miscellaneous amendments to certain road transport and related legislation.

1Name of Act

This Act is the Road Transport and Related Legislation Amendment Act 2017.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by this section.

(2)

Schedules 1.3 and 2 commence on a day or days to be appointed by proclamation.

(3)

Schedule 3 commences on 1 November 2017 or, if the date of assent to this Act is later, on the date of assent.

Schedule 1Amendment of Road Transport Act 2013 No 18

(Repealed)

[1]Section 4 Definitions

Omit the definition of NSW written-off vehicles register from section 4 (1).

Insert in alphabetical order:

Austroads means Austroads Limited (ACN 136 812 390), and includes any successor to or continuation of that company.

licensed repairer means a person who holds a motor vehicle repairer’s licence within the meaning of the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a licensed repairer by the statutory rules under this Act.

motor dealer has the same meaning as it has in the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a motor dealer by the statutory rules under this Act.

motor vehicle recycler has the same meaning as it has in the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a motor vehicle recycler by the statutory rules under this Act.

NSW written-off heavy vehicles register—see section 104B.

NSW written-off light vehicles register—see section 83.

[2]Part 4.5 (except in section 83 (3) (e) and as otherwise amended by this Act)

Omit each word or expression specified in Column 1 of the following Table wherever occurring (including definitions, headings and notes) and regardless of capitalisation.

Insert instead the word or expression specified in Column 2 opposite the word or expression specified in Column 1 with capitalisation that corresponds to that of the omitted word or expression and rearrange any altered definitions in appropriate order:

Table

Column 1	Column 2
Current word or expression	Replacement word or expression
NSW written-off vehicles register	NSW written-off light vehicles register
written-off vehicle	written-off light vehicle
written-off vehicles (except where occurring in the expression “NSW written-off vehicles register”)	written-off light vehicles
notifiable vehicle	notifiable light vehicle
notifiable vehicles	notifiable light vehicles
vehicle damage assessment	light vehicle damage assessment
certificate of compliance	light vehicle certificate of compliance
certificates of compliance	light vehicle certificates of compliance

[3]Section 82 Definitions

Omit the definitions of Austroads, certificate of compliance, licensed repairer, motor dealer and motor vehicle recycler.

Insert in alphabetical order:

light vehicle certificate of compliance means a light vehicle certificate of compliance issued by a licensed repairer under this Part.

[4]Sections 82 (definition of “vehicle identifier”), 84 (3), (4) and (5), 86 (1), 88 (1) and (2), 89, 90, 96 and 98 (1), (4) and (5)

Omit “a vehicle” wherever occurring. Insert instead “a light vehicle”.

[5]Section 83 NSW written-off light vehicles register

Omit “about vehicles” from section 83 (1). Insert instead “about light vehicles”.

[6]Sections 83 (3), 84 (1), 97 (1) and 103 (3)

Omit “any vehicle” wherever occurring. Insert instead “any light vehicle”.

[7]Section 84 Registration of written-off light vehicles

Omit section 84 (6). Insert instead:

(6)

In this section:

interstate written-off light vehicle means a light vehicle recorded on a register of written-off vehicles (however described) of another jurisdiction as:

• (a)

  a statutory written-off light vehicle or similar (being a light vehicle that is not permitted to be registered in that jurisdiction by the vehicle registration authority of that jurisdiction), or

• (b)

  a repairable written-off light vehicle or similar (being a light vehicle that may in certain circumstances be registered in that jurisdiction), but only if that vehicle has not been registered in Australia since being so recorded.

[8]Part 4.5, Division 3, heading

Insert “light” after “damaged”.

[9]Section 88 Notifiable light vehicles

Omit “jurisdiction, and” from section 88 (1) (c) (iii). Insert instead “jurisdiction.”.

[10]Section 88 (1) (d)

Omit the paragraph.

[11]Section 89 Light vehicles that are a total loss

Omit “written off vehicle” from section 89 (1). Insert instead “written-off light vehicle”.

[12]Section 98 Light vehicle certificates of compliance

Insert at the end of section 98 (1):

Note—

Section 12 of the Motor Dealers and Repairers Act 2013 makes it an offence for a person to carry on the business of a motor vehicle repairer unless the person is the holder of a motor vehicle repairer’s licence. Section 15 of that Act also makes it an offence for a motor vehicle repairer, in the course of business, to enter into an agreement for any repair work to be done by another person who is not the holder of a motor vehicle repairer’s licence.

[13]Section 103 Statutory rules concerning written-off light vehicles

Omit “class of vehicles” from section 103 (3). Insert instead “class of light vehicles”.

[14]Part 4.5A

Insert after Part 4.5:

Part 4.5AWritten-off heavy vehiclesDivision 1Preliminary104ADefinitions

In this Part:

former written-off heavy vehicle has the meaning given by section 104B (1).

heavy vehicle certificate of compliance means a heavy vehicle certificate of compliance issued by a licensed repairer under this Part.

insurer means a person who carries on the business of insuring vehicles, and includes any other person declared to be an insurer by the statutory rules.

non-repairable damage means damage of a class, or damage caused in circumstances, prescribed by the statutory rules.

notifiable heavy vehicle—see section 104E.

repairable written-off heavy vehicle has the meaning given by section 104B (1).

self-insurer means any person who, in the course of a business, is the registered operator for the number of notifiable heavy vehicles that may be prescribed by the statutory rules in respect of each of which there is no insurance policy with an insurer covering loss or damage.

statutory written-off heavy vehicle has the meaning given by section 104B (1).

total loss—see section 104F.

vehicle identifier, in relation to a heavy vehicle, has the same meaning given by section 525 of the Heavy Vehicle National Law (NSW), and includes any other kind of identifier prescribed by the statutory rules.

Division 2Restrictions on registration of certain written-off heavy vehicles104BNSW written-off heavy vehicles register(1)

The Authority is to maintain a register of written-off heavy vehicles (the NSW written-off heavy vehicles register) that records information about heavy vehicles that the Authority has reason to believe:

• (a)

  are written-off heavy vehicles of a kind that the statutory rules provide are excluded from being registered regardless of whether they can be repaired (statutory written-off heavy vehicles), or

• (b)

  are written-off heavy vehicles of a kind that the statutory rules provide can be registered if they are repaired in the circumstances prescribed by the statutory rules (repairable written-off heavy vehicles), or

• (c)

  were previously written-off heavy vehicles but which have since been repaired and then registered (former written-off heavy vehicles).

(2)

The register is to contain such information as the Authority thinks appropriate.

(3)

In this section written-off heavy vehicle includes any heavy vehicle:

• (a)

  that has been assessed to be a total loss by a person in accordance with Division 3, or

• (b)

  that has been disposed of to a motor vehicle recycler by a self-insurer, or

• (c)

  that has been demolished or dismantled by a motor vehicle recycler, or

• (d)

  that is in the control of a motor vehicle recycler and is intended to be demolished or dismantled, or

• (e)

  that is prescribed by the statutory rules.

104CRegistration of written-off heavy vehicles(1)

The Authority must not register, renew or transfer the registration of any heavy vehicle (or if the vehicle is registered, the Authority must cancel the registration of the vehicle) if its vehicle identifier is the same as the vehicle identifier of:

• (a)

  a statutory written-off heavy vehicle or an interstate written-off heavy vehicle, or

• (b)

  a written-off heavy vehicle that the Authority reasonably believes has suffered non-repairable damage.

(2)

If the Authority cancels the registration of a heavy vehicle under this section, the Authority must immediately notify the registered operator of the vehicle of the cancellation.

(3)

Despite section 2.8 of the Motor Accident Injuries Act 2017 and section 14 (3) of the Motor Accidents Compensation Act 1999, a third-party policy (within the meaning of those Acts) is not cancelled immediately upon cancellation of registration of a heavy vehicle under this section and continues to have effect until the day on which the registered operator of the vehicle is given notice of the cancellation of registration.

(4)

In this section:

interstate written-off heavy vehicle means a heavy vehicle recorded on a register of written-off vehicles (however described) of another jurisdiction as:

• (a)

  a statutory written-off heavy vehicle or similar (being a heavy vehicle that is not permitted to be registered in that jurisdiction by the vehicle registration authority of that jurisdiction), or

• (b)

  a repairable written-off heavy vehicle or similar (being a heavy vehicle that may in certain circumstances be registered in that jurisdiction), but only if that vehicle has not been registered in Australia since being so recorded.

Division 3Assessment of damaged heavy vehicles104DDefinitions

In this Division:

assessor means an insurer, self-insurer, motor vehicle recycler, motor dealer or other person prescribed by the statutory rules.

heavy vehicle damage assessment means an assessment made by or on behalf of, and in the course of business of, an assessor as to whether or not a notifiable heavy vehicle (anywhere in Australia) is a total loss.

104ENotifiable heavy vehicles(1)

For the purposes of this Part, a heavy vehicle is a notifiable heavy vehicle if the vehicle:

• (a)

  complies (or complied at the time of manufacture) with the requirements of all Australian Design Rules adopted by the statutory rules applying to it, and

• (b)

  is located anywhere in Australia but is linked to this jurisdiction because:

  • (i)

    it is registered in this jurisdiction, or

  • (ii)

    it was last registered in this jurisdiction, or

  • (iii)

    it has never been registered in Australia, but one or more of the incidents that caused the vehicle to be assessed as a total loss occurred in this jurisdiction.

(2)

For the purposes of this Part, a heavy vehicle is also a notifiable heavy vehicle if it is a heavy vehicle prescribed by the statutory rules.

104FHeavy vehicles that are a total loss(1)

For the purposes of this Part, a heavy vehicle is a total loss if it has been damaged, dismantled or demolished to the extent that its salvage value as a written-off heavy vehicle plus the cost of repairing the vehicle for use on a road would be more than:

• (a)

  the market value of the vehicle immediately before the damage, dismantling or demolition, or

• (b)

  if the vehicle is insured for a specified amount (known as the sum insured), that specified amount.

(2)

The statutory rules may:

• (a)

  prescribe other cases as cases in which a heavy vehicle is a total loss for the purposes of this Part, and

• (b)

  prescribe exceptions to this section.

(3)

In this section:

market value of a heavy vehicle means the price that the vehicle would bring at open market, as determined (having regard to local market prices and the age and condition of the vehicle) by the person who assesses whether or not the vehicle is a total loss.

salvage value of a heavy vehicle means the value of the vehicle if sold for scrap or parts, or in a damaged state, as determined by the person who assesses whether or not the vehicle is a total loss.

104GAssessments as to whether a heavy vehicle is a total loss(1)

An assessor must ensure that any heavy vehicle damage assessment made by or on behalf of the assessor is made by a person who:

• (a)

  has the training, qualification or experience prescribed by the statutory rules for the purposes of this section, or

• (b)

  acts on the advice of a person who has such training, qualifications or experience.

Maximum penalty: 20 penalty units.

(2)

The Authority may, by notice in writing, exempt a person from subsection (1), before the relevant assessment is carried out. Such an exemption has effect only for the time specified in the exemption and if any conditions to which it is subject are complied with.

104HFactors relevant to assessments

An assessor must ensure that any heavy vehicle damage assessment made by or on behalf of the assessor:

• (a)

  includes an assessment of whether the vehicle has suffered non-repairable damage, and

• (b)

  bases any calculation of the cost of repair of the vehicle (for the purposes of assessing whether the vehicle is a total loss) on the standard of repairs, and the repair methods, prescribed by the statutory rules in relation to vehicles of that type.

Maximum penalty:

• (a)

  in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or

• (b)

  in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.

104IProvision of results of assessments(1)

An assessor must, if requested to do so by the registered operator or owner of a notifiable heavy vehicle or a person authorised by the Authority, provide the operator, owner or person with a written record of any heavy vehicle damage assessment made by or on behalf of the assessor of that vehicle setting out:

• (a)

  a statement as to whether or not the vehicle has suffered non-repairable damage, and

• (b)

  any other information prescribed by the statutory rules.

Maximum penalty: 20 penalty units.

(2)

An assessor must, if directed in writing to do so by an authorised officer, provide the Authority with a written record of any heavy vehicle damage assessment made by or on behalf of the assessor setting out:

• (a)

  a statement as to whether or not the vehicle has suffered non-repairable damage, and

• (b)

  any other information specified in the direction.

Maximum penalty: 20 penalty units.

(3)

More than one direction may be issued under subsection (2).

Note—

Section 307C of the Crimes Act 1900 makes it an offence for a person to produce a record under this section if the person does so knowing that the record is false or misleading.

104JInformation about written-off and demolished heavy vehicles(1)

An assessor must ensure that the Authority is provided with the information required by the statutory rules concerning each notifiable heavy vehicle that is assessed as being a total loss in the course of a heavy vehicle damage assessment conducted by or on behalf of the assessor:

• (a)

  within 7 days after the assessment and before the vehicle is sold or otherwise disposed of, or

• (b)

  within any other time prescribed by the statutory rules.

(2)

A self-insurer must ensure that the Authority is provided with the information required by the statutory rules concerning each notifiable heavy vehicle that is taken to be a total loss by virtue of being disposed of by the self-insurer (anywhere in Australia) to a motor vehicle recycler:

• (a)

  within 7 days after the vehicle is disposed of, or

• (b)

  within any other time prescribed by the statutory rules.

(3)

A motor vehicle recycler must ensure that the Authority is provided with the information required by the statutory rules concerning each notifiable heavy vehicle that the motor vehicle recycler intends to demolish or dismantle (anywhere in Australia) in the course of the business carried on by the motor vehicle recycler:

• (a)

  within 7 days after the motor vehicle recycler forms the intention to demolish or dismantle the vehicle, or

• (b)

  within any other time prescribed by the statutory rules.

(4)

Despite subsection (3), the information must be provided before the part of the vehicle to which the vehicle identifier is attached is sold or otherwise disposed of.

(5)

A person (other than an insurer) is not guilty of an offence against this section in respect of a failure to provide information concerning a notifiable heavy vehicle if the person proves to the court’s satisfaction that the person believed, on reasonable grounds, that the required information concerning the vehicle had already been provided to the Authority by another person under this section.

Maximum penalty: 20 penalty units.

104KMaintenance of records(1)

An assessor must maintain, and keep for at least 7 years, the following records in relation to each heavy vehicle damage assessment made by or on behalf of the assessor:

• (a)

  the records required by the statutory rules,

• (b)

  any other records that the Authority, by notice in writing, requires the assessor to maintain.

(2)

An authorised officer may, for the purposes of determining whether this Part has been complied with, direct in writing any person to produce any records required to be maintained under this Division.

(3)

A person must comply with such a direction within the time specified in the direction.

Maximum penalty: 20 penalty units.

104LFalse assessments

A person must not induce, attempt to influence, or coerce the making of a false heavy vehicle damage assessment or a heavy vehicle damage assessment that does not comply with this Part.

Maximum penalty:

• (a)

  in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or

• (b)

  in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.

104MRemoval of vehicle identifiers of heavy vehicles

An assessor must ensure that reasonable steps are taken to remove, deface, obliterate or destroy the vehicle identifier on any part of a heavy vehicle that has been assessed as being a total loss by or on behalf of the assessor, if required to do so:

• (a)

  by the statutory rules, or

• (b)

  by notice in writing served on the assessor by the Authority.

Maximum penalty: 20 penalty units.

104NDuty to attach written-off warning label to written-off heavy vehicles(1)

An assessor must ensure that a written-off warning label is attached, in accordance with the statutory rules, at all times to any heavy vehicle in the person’s possession or control that has been assessed as being a total loss:

• (a)

  to the part of the vehicle to which the vehicle identifier is attached (in the case of a dismantled vehicle), or

• (b)

  to the vehicle (in any other case).

(2)

The label must be attached within the period in which the information must be provided to the Authority about the vehicle under section 104J.

Maximum penalty: 20 penalty units.

Division 4General104OHeavy vehicle certificates of compliance(1)

A licensed repairer may issue, in a form approved by the Authority, a heavy vehicle certificate of compliance in relation to a heavy vehicle if:

• (a)

  the licensed repairer’s licence is of a class that authorises the repairer to repair the type of vehicle, and the type of vehicle damage, the subject of certification, and

• (b)

  the vehicle has been repaired by the licensed repairer or the repairer is satisfied that it has been repaired by another licensed repairer, and

• (c)

  the licensed repairer is satisfied that the standard of repairs, and the repair methods used, are in accordance with the requirements adopted by or set out in the statutory rules.

Note—

Section 12 of the Motor Dealers and Repairers Act 2013 makes it an offence for a person to carry on the business of a motor vehicle repairer unless the person is the holder of a motor vehicle repairer’s licence. Section 15 of that Act also makes it an offence for a motor vehicle repairer, in the course of business, to enter into an agreement for any repair work to be done by another person who is not the holder of a motor vehicle repairer’s licence.

(2)

A licensed repairer must not issue a heavy vehicle certificate of compliance that the repairer knows, or ought reasonably to know, is false or misleading in a material particular.

Maximum penalty: 20 penalty units.

(3)

A person must not attempt to obtain a heavy vehicle certificate of compliance by a false or misleading statement or any misrepresentation or other dishonest means.

Maximum penalty: 20 penalty units.

(4)

The Authority may do any of the following in respect of a heavy vehicle that is the subject of a heavy vehicle certificate of compliance referred to in subsection (2) or (3):

• (a)

  amend the NSW written-off heavy vehicles register accordingly,

• (b)

  suspend the registration of the vehicle,

• (c)

  refuse to transfer the registration of the vehicle,

• (d)

  cancel the registration of the vehicle.

(5)

The Authority must not cancel the registration of a heavy vehicle unless it has first given the registered operator of the vehicle at least 14 days’ notice of the proposed cancellation.

(6)

A person who is not a licensed repairer must not purport to issue a heavy vehicle certificate of compliance or advertise that the person is willing to issue a heavy vehicle certificate of compliance.

Maximum penalty: 1,000 penalty units.

104PAccess to NSW written-off heavy vehicles register(1)

The Authority is not to provide access to the NSW written-off heavy vehicles register except as provided by this section.

(2)

The Authority may allow the following to have access to the register:

• (a)

  a government department, a public authority, a local authority or the NSW Police Force,

• (b)

  a government department, a public authority, a local authority or the police force of another jurisdiction,

• (c)

  Austroads, but only for the purpose of its national database of written-off heavy vehicles and information about them,

• (d)

  an insurer, self-insurer, motor vehicle recycler or motor dealer,

• (e)

  any other person or body, or class of persons or bodies, prescribed by the statutory rules.

(3)

The Authority may provide a person or body with information contained in the register.

(4)

The Authority may:

• (a)

  impose any conditions that the Authority considers appropriate on the provision of access, or the provision of information, under this section, or

• (b)

  limit the level of detail to which access is provided under this section as the Authority considers appropriate.

104QInterference with NSW written-off heavy vehicles register

A person must not, except as authorised by the Authority:

• (a)

  obtain access to the NSW written-off heavy vehicles register or information contained in the register, or

• (b)

  make, alter or delete an entry in the register, or

• (c)

  interfere with the register in any other way.

Maximum penalty: 250 penalty units.

104RUnauthorised disclosure of information

A person must not disclose any information obtained in connection with the administration or execution of this Part, except:

• (a)

  in connection with the administration or execution of this Part or the statutory rules made for the purposes of this Part, or

• (b)

  for the purposes of Austroads administering a national database of written-off heavy vehicles and information about them and allowing driver licensing and vehicle registration authorities in the other States and Territories to have access to the information in the national database, or

• (c)

  for the purposes of any legal proceedings arising out of this Act or the statutory rules or of any report of such proceedings, or

• (d)

  to the Secretary within the meaning of the Motor Dealers and Repairers Act 2013 for the purposes of any disciplinary or legal proceedings arising out of that Act or the regulations under that Act, or

• (e)

  to Transport for NSW for the purpose of assisting Transport for NSW to exercise its functions, or

• (f)

  in the circumstances prescribed by the statutory rules.

Maximum penalty: 20 penalty units.

104SCertificate evidence

A statement in a certificate purporting to have been issued by an Australian Authority or Australian authorised officer that, at a specified time or during a specified period, a specified vehicle was or was not on the NSW written-off heavy vehicles register or a register of written-off heavy vehicles (however described) kept under a law of another jurisdiction is admissible as evidence in any legal proceedings and is, until admissible evidence is given to the contrary, evidence of the matter certified.

104TStatutory rules concerning written-off heavy vehicles(1)

Without limiting Chapter 2, the statutory rules may make provision for or with respect to the following matters:

• (a)

  any matter relating to the registration of written-off heavy vehicles,

• (b)

  any matter relating to the making of heavy vehicle damage assessments under this Part, including the conduct or duties of persons making those assessments,

• (c)

  any matter relating to the making and keeping of records under this Part and the furnishing of information and records,

• (d)

  any matter relating to the repair of written-off heavy vehicles,

• (e)

  any matter relating to the issue of heavy vehicle certificates of compliance, including the conduct or duties of persons issuing certificates of compliance,

• (f)

  any matter relating to written-off warning labels,

• (g)

  the disclosure of information obtained in connection with the administration or execution of this Part.

(2)

The statutory rules may require any person to provide the Authority with the information prescribed by the statutory rules concerning any notifiable heavy vehicle that is assessed as being a total loss while in the care, custody or control of the person (anywhere in Australia).

(3)

The statutory rules may exempt, with or without conditions, any heavy vehicle, any class of heavy vehicles or any class of persons from the operation of all or any of the provisions of this Part.

(4)

The statutory rules may adopt a provision set out in any specified publication.

104UDetermination of first offences and second and subsequent offences against this Part

For the purposes of section 9 in its application to offences against provisions of this Part, it is declared that there is no applicable re-offending period for such offences.

Note—

Section 9 provides for the determination of whether an offence against a provision of this Act or the statutory rules is a first offence or a second or subsequent offence.

(Repealed)

Schedules 2–4

(Repealed)