Road Transport (Third-Party Insurance) Amendment Regulations 2004 (No 1) (ACT)

Road Transport (Third-Party Insurance) Amendment Regulations 2004 (No 1)

Subordinate Law SL2004-40

The Australian Capital Territory Executive makes the following regulations under the Road Transport (General) Act 1999.

Dated 2 September 2004.

Jon Stanhope

Minister

Simon Corbell

Minister

Road Transport (Third-Party Insurance) Amendment Regulations 2004 (No 1)

Subordinate Law SL2004-40

made under the

Road Transport (General) Act 1999

1. Name of regulations

   These regulations are the Road Transport (Third-Party Insurance) Amendment Regulations 2004 (No 1).

2. Commencement

   These regulations commence on the day after their notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   These regulations amend the Road Transport (Third-Party Insurance) Regulations 2000.

4. Regulation 11

   substitute

5. Maximum premiums

   (1)The maximum premium that may be charged for a third-party policy applying to a vehicle of a classification mentioned in column 2 of an item of schedule 1, or a trader’s plate, is—

   (a)if the policy is for 1 year and—

   (i)the vehicle or plate is used for private purposes—the appropriate amount mentioned in column 5 of the item; or

   (ii)the vehicle or plate is used for business purposes—the appropriate amount mentioned in column 6 of the item; and

   (b)if the policy is for any other period—an amount worked out in accordance with the following formula:

   (2)For this regulation, a person’s vehicle or trader’s plate is used for private purposes if the person, or the person’s agent, tells the road transport authority that there is no entitlement to claim an input tax credit in relation to the third-party policy for the vehicle or plate.

   (3)For this regulation, a person’s vehicle or trader’s plate is used for business purposes if the person, or the person’s agent, tells the road transport authority that there is an entitlement to claim an input tax credit in relation to the third-party policy for the vehicle or plate.

   (4)In this regulation:

   input tax credit—see A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary.

   N means the number of months of the policy (counting part of a month as 1 month).

6. New regulation 14

   insert

7. Policies beginning before 1 October 2004

   (1)Regulation 11 and schedule 1, as in force immediately before the commencement of this regulation, continue to apply to a third-party policy that is expressed to begin before 1 October 2004.

   (2)This regulation expires on 1 October 2004.

1. Schedule 1

   substitute

Schedule 1Classification of vehicles and maximum rates for premiums

(see reg 10 and reg 11)

column 1 item	column 2 premium classification	column 3 classification definition	column 4 case (if relevant)	column 5 maximum premium ($)—private purposes	column 6 maximum premium ($)—business purposes
1	ambulance	motor vehicle built to transport sick or injured people	540.20	580.10
2	breakdown vehicle	motor vehicle used mainly to tow broken-down vehicles	385.85	414.35
3	bus or tourist vehicle	motor vehicle (other than a taxi, private hire car or restricted hire vehicle) used to carry paying passengers	·    if the vehicle has seating for not more than 16 adults (including the driver)	771.70	828.70
·    if the vehicle has seating for more than 16 adults (including the driver)	1 543.40		1 657.45
4	drive-yourself vehicle	motor vehicle let for hire (other than under a lease or hire-purchase agreement)	2 315.15	2 486.20
5	firefighting vehicle	motor vehicle used solely for firefighting	482.30	517.95
6	goods vehicle	motor vehicle built mainly to carry goods (other than a primary producer’s goods vehicle)	·    if the unladen weight is not over 975kg	385.85	414.35
·    if the unladen weight is over 975kg but not over 2t	559.45		600.80
·    if the unladen weight is over 2t	1 543.40		1 657.45
7	historic vehicle	motor vehicle (other than a veteran vehicle or vintage vehicle) built not less than 30 years before the day of issue of the third-party policy for the vehicle and registered concessionally as a historic vehicle	38.55	41.40
8	miscellaneous vehicle	tractor (other than a primary producer’s tractor) or implement	578.75	621.55
9	mobile crane	motor vehicle built mainly as a crane (other than a breakdown vehicle or tractor)	694.50	745.85
10	motorcycle	motorbike or motortrike	·    if the engine capacity is not over 300mL	77.15	82.85
·    if the engine capacity is over 300mL but not over 600mL	366.55		393.65
·    if the engine capacity is over 600mL	366.55		393.65
11	passenger vehicle	motor vehicle built mainly to carry people (other than an ambulance, bus or tourist vehicle, drive-yourself vehicle, motorcycle, police vehicle, private hire car or taxi)	385.85	414.35
12	police vehicle	motor vehicle driven, or intended to be driven, by a police officer in the course of his or her duty	1 080.40	1 160.20
13	primary producer’s goods vehicle	goods vehicle used by a primary producer in connection with his or her operations as a primary producer	·    if the unladen weight is not over 2t	347.25	372.90
·    if the unladen weight is over 2t			270.10	290.05
14	primary producer’s tractor	tractor used by a primary producer in connection with his or her operations as a primary producer	308.65	331.45
15	private hire car	motor vehicle licensed (or intended to be licensed) as a private hire car	2 199.40	2 361.90
16	taxi	motor vehicle licensed (or intended to be licensed) as a taxi	6 173.75	6 629.90
17	trader’s plates	38.55	41.40
18	trailer	vehicle built to be towed by a motor vehicle	nil	nil
19	undertaker’s vehicle	motor vehicle used solely as an undertaker’s hearse	308.65	331.45
20	veteran vehicle	motor vehicle built before 1919	38.55	41.40
21	vintage vehicle	motor vehicle built after 1918 and before 1931	38.55	41.40

Endnotes

1. Notification

   Notified under the Legislation Act on 3 September 2004.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2004