Road Transport (Vehicle Registration) Regulation 1998 (NSW)
Road Transport (Vehicle Registration) Regulation 1998
[1998-341]
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Historical version for 1 July 2005 to 31 August 2005 (accessed 25 December 2018 at 19:09)
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Occupational Health and Safety Amendment (Dangerous Goods) Act 2003 No 38 (not commenced)
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Road Transport (Vehicle Registration) Regulation 1998
[1998-341]
Contents
Road Transport (Vehicle Registration) Regulation 1998
Chapter 1 Preliminary
1 Name of Regulation
This Regulation is the Road Transport (Vehicle Registration) Regulation 1998.
2 Commencement
This Regulation commences on 29 June 1998.
3 Definitions
Expressions used in this Regulation (or in any particular provision of this Regulation) that are defined in the Dictionary at the end of the Regulation have the meanings set out in the Dictionary.Note.
The following expressions are defined in section 4 of the Act:
4 Application of Act and Regulation
Schedule 1 has effect.
5 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
Chapter 2 Registration process
Part 1 Eligibility for registration
6 Registered operator of registrable vehicle
(1) A person is eligible to be a registered operator of a registrable vehicle if that person is:(a) a natural person who has attained the requisite age, or(b) a corporation.(2) Despite subclause (1), the Authority may record in the Register that a person is a registered operator of a registrable vehicle even though the person has not attained the requisite age if it is satisfied that it is appropriate to do so. Any such person is, for the purposes of this Regulation (including renewal of registration), taken to have been eligible to be a registered operator of the vehicle.(3) In this clause, requisite age means:(a) in the case of a heavy vehicle—18 years of age, or(b) in the case of a light vehicle—16 years of age.
7 Eligible vehicles
(1) A registrable vehicle is eligible to be registered without conditions if:(a) the vehicle complies with the applicable vehicle standards for the vehicle, and(b) the requirements of any applicable third party insurance legislation and stamp duty legislation are complied with in respect of the vehicle, and(c) the vehicle is owned by, or is under the management of, a person who is eligible to be a registered operator of the vehicle.(2) Despite subclause (1), the Authority may refuse to register a registrable vehicle if the Authority 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.
Part 2 Applications for registration
8 Who may apply for registration?
(1) Application for registration of a registrable vehicle may be made by:(a) a natural person who is eligible to be a registered operator of a registrable vehicle, or(b) an agent of:(i) a natural person who is eligible to be a registered operator of that vehicle, or(ii) a corporation.(2) If it appears to the Authority that an application for registration of a registrable vehicle is made by an agent, the Authority must not grant the application unless the agent produces:(a) evidence of the agent’s identity in a form acceptable to the Authority, and(b) a document evidencing the authority of the agent to act as agent of the natural person or corporation seeking registration as a registered operator.(3) If more than one natural person is seeking registration as a registered operator of the same light vehicle, any one of those persons may make an application under this clause on behalf of all the persons seeking registration if the Authority is satisfied that the person has the consent of the other persons to make the application on their behalf.(4) If more than one natural person or corporation is seeking registration as a registered operator of a light vehicle through an application made by an agent:(a) only one agent can act on behalf of all of the natural persons or corporations seeking registration, and(b) the agent must produce a document referred to in subclause (2) (b) from each of the natural persons or corporations.Note.
Clause 89 makes provision for the respective rights, liabilities and obligations of multiple registered operators of the one registrable vehicle.(5) Nothing in this Regulation authorises more than one person to be recorded, or apply to be recorded, as a registered operator of a heavy vehicle.
9 Form of application
(1) An application for registration of a registrable vehicle must be in a form approved by the Authority.(2) The Authority may require the applicant to provide to the Authority information about:(a) the identity and residential address of each natural person or corporation seeking registration (or on whose behalf an agent is seeking registration) as a registered operator of the registrable vehicle, and(b) an address for the service of notices, and(c) the proposed garage address of the vehicle, and(d) fees, premiums, imposts and similar amounts relating to the vehicle under third party insurance legislation and stamp duty legislation that have been paid or that are payable, and(e) any other matter relevant to the decision whether to register the vehicle or to record a natural person or corporation on the Register as a registered operator of the vehicle.Note.
Section 4 of the Act defines residential address, in relation to a company or other body corporate, to mean its registered office or any place recorded in the Register as its residential address or business address.
10 Supporting evidence
The Authority may request an applicant for registration of a registrable vehicle to submit evidence, in a form approved to the Authority, verifying:(a) the identity of any person seeking registration as a registered operator of the vehicle, and(b) the means by which the vehicle came into the ownership, or under the management, of that person, and(c) the proposed garage address of the vehicle, and(d) that the vehicle complies with the applicable vehicle standards for the vehicle, and(e) the acceptability of non-standard or non-complying vehicles, and(f) any other information specified by the Authority in the application form.
11 Lodgment of application, supporting evidence and payment
(1) An applicant for registration of a registrable vehicle must submit to the Authority:(a) the application for registration, and(b) any supporting evidence required by the Authority, and(c) payment or evidence of payment of any applicable fees, premiums, imposts and similar amounts relating to the vehicle under third party insurance legislation and stamp duty legislation and the registration charge applicable to the vehicle and the applicable scheduled fee for registration of the vehicle.(2) In addition to any applicable scheduled fee for the registration of the vehicle, the applicant must also submit to the Authority payment of any applicable gazetted fee for the issue of number-plates.(3) An eligible pensioner is not required to pay any applicable scheduled fee or applicable gazetted fee for the registration of a vehicle or the issue of a number-plate.(4) An applicant is not required to pay any applicable gazetted fee if the Authority is of the opinion that:(a) the applicant was the registered operator of a registrable vehicle that was destroyed or rendered beyond repair as a consequence of damage caused to the vehicle by an occurrence that gave rise to an emergency, and(b) the vehicle to which the application relates is a replacement for the damaged vehicle, and(c) in the circumstances of the case it would be inappropriate to require payment of the fee.(5) In this clause:emergency has the same meaning as it has in the State Emergency and Rescue Management Act 1989.
Note.
“emergency” is defined in the State Emergency and Rescue Management Act 1989 to mean an emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, accident, epidemic or warlike action) which:(a) endangers, or threatens to endanger, the safety or health of persons in the State, orbeing an emergency which requires a significant and co-ordinated response.(b) destroys or damages, or threatens to destroy or damage, property in the State,
12 Duration of registration
(1) Subject to subclauses (2) (b) and (3):(a) a heavy vehicle may be registered for any of the following periods:(i) 3 months, or(ii) 6 months, or(iii) one year, and(b) a light vehicle may be registered for one year.(2) An applicant for registration of a registrable vehicle must:(a) nominate an appropriate period specified in subclause (1), or(b) if seeking to register a seasonal vehicle—nominate the period for which registration is sought.(3) An applicant may nominate, and the Authority may approve, a different period of registration for any heavy vehicle or light vehicle than that referred to in subclause (1) if:(a) the Authority considers that it is necessary to do so to achieve a common registration expiry date for vehicles in a fleet, or(b) the Authority considers it appropriate to do so in the circumstances.
13 Determination of applications
(1) The Authority may refuse an application for registration of a registrable vehicle if:(a) the vehicle is not an eligible vehicle, or(b) a provision of this Regulation prevents approval of the application, or(c) the applicant has not complied with a provision of the Act or this Regulation in relation to the registration of the vehicle (including any requirement to submit or pay any fee), or(d) the Authority reasonably believes that:(i) the vehicle or a part of the vehicle is or may be stolen, or(ii) information given in the application for registration 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 is being used for an unlawful purpose, or(e) the Authority is not satisfied that the vehicle’s garage address is in this State, or(f) the applicant fails to comply with the requirements of or under a law in force in this State relating to certificates of roadworthiness for, or inspection of, registrable vehicles, or(g) the Authority is, for any reason whatever, of the opinion that the applicant is not a fit and proper person to be the holder of the registration for the vehicle.(2) If the Authority approves an application, it must register the registrable vehicle in the name of each person seeking registration (or on whose behalf registration is sought) as a registered operator.
14 Conditional registration
(1) The Authority may register a registrable vehicle conditionally if:(a) the vehicle does not comply with an applicable vehicle standard for the vehicle, or(b) the Authority considers it appropriate for some other reason to register the vehicle conditionally.(2) The Authority may refuse to register a registrable vehicle conditionally under subclause (1) (a) if the vehicle does not bear an operations plate or identification plate relating to the vehicle, or a certificate of approved operations has not been issued or accepted by the Authority in respect of the vehicle.(3) In determining the conditions to be imposed on the registration of a registrable vehicle that does not comply with an applicable vehicle standard for the vehicle, the Authority must take into account the nature and extent of any failure of the vehicle to meet the requirements of the applicable vehicle standards for the vehicle.(4) The Authority may at any time vary any conditions that it imposes on the registration of a registrable vehicle.(5) The Authority must notify a registered operator in writing of the conditions, or any variation of the conditions, applicable to the conditional registration of a registrable vehicle. Any such conditions or variation of conditions have effect only on the notification of the registered operator.
Part 3 The Register
15 Maintenance of the Register
(1) General matters to be recorded in respect of vehicle If the Authority registers a registrable vehicle it must record in the Register, in respect of the vehicle:(a) the name of the person who owns or manages the vehicle, and(b) the identification details of the vehicle, and(c) the vehicle’s garage address, and(d) each registered operator’s name, residential address, and the address for the service of notices (if any), and(e) the expiry date of the registration, and(f) if the vehicle is conditionally registered—the conditions of registration, and(g) the vehicle’s GVM (if applicable to the vehicle concerned), and(h) the vehicle’s GCM (if applicable to the vehicle concerned), and(i) in the case of a heavy vehicle—the vehicle’s nominated configuration, and(j) the name, if appropriate, of any insurer providing third party insurance in respect of the vehicle.Note.
Section 4 of the Act defines residential address, in relation to a company or other body corporate, to mean its registered office or any place recorded in the Register as its residential address or business address.(2) Other matters that may be recorded The Authority may record in the Register other information for:(a) the purposes of the Act and this Regulation, or(b) the purposes of another Act, or(c) other purposes that the Authority considers to be appropriate.Note.
See, for example, clauses 44 (5) and 78 (1).(3) Changes in description or configuration to be recorded The Authority must record in the Register any change in the registrable vehicle’s description or nominated configuration that is recorded in the Register of which it has been notified under the Act, the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or this Regulation unless the Authority is satisfied that the information is false.(4) Evidence may be required to verify description and configuration changes The Authority may require evidence in a form acceptable to the Authority verifying that the changes notified under subclause (3) are correct.(5) Register to record information over previous 24 months The Authority must ensure that the Register contains details of all registrable vehicles that are currently registered, or that have been registered within the previous 24 months.(6) Requests for Register searches A registered operator of a registrable vehicle is entitled to request a search of the Register, and to obtain a certificate as to any matter appearing in the Register, in respect of the vehicle, on payment of any applicable gazetted fee for the search.(7) Register information subject to Information Privacy Principles A request for information about the particulars of a registrable vehicle, or a registered operator or former registered operator, of a registrable vehicle, must be treated by the Authority in accordance with the Information Privacy Principles in section 14 of the Privacy Act 1988 of the Commonwealth.(8) How Information Privacy Principles apply For the purposes of the application of the Information Privacy Principles to a request for information referred to in subclause (7):(a) the information requested is taken to be personal information, and(b) the Authority is taken to be the collector of the information in relation to information it collects and a record-keeper in relation to records of information in its possession or control.(9) Recording of dealing restrictions Without limiting subclause (2), the Authority may also record in the Register information for the purpose of identifying a dealing restriction with respect to a registrable vehicle.(10) Effect of recorded dealing restrictions Despite any other provision of this Regulation, if a dealing with respect to a registrable vehicle contravenes a dealing restriction recorded in the Register in respect of the vehicle, the Authority may:(a) if the dealing requires the approval of the Authority—refuse to approve the dealing, and(b) refuse to record details of the dealing in the Register, and(c) refuse to exercise any other function of the Authority in connection with that dealing.(11) Definitions In this clause:dealing, in relation to a registrable vehicle, means:
(a) the registration of the vehicle, or(b) the renewal of the registration of the vehicle, or(c) the transfer of the registration of the vehicle.dealing restriction, in relation to a registrable vehicle, means any restriction on a dealing with respect to the vehicle that the Authority has determined should apply to the vehicle.
Part 4 Registration documents
16 Certificates of registration
(1) If the Authority registers a registrable vehicle, the Authority must issue to the applicant a certificate of registration for the vehicle that includes:(a) the name of each registered operator, and(b) the address (if any) for the service of notices on a registered operator of the vehicle, and(c) the garage address of the vehicle, and(d) the registration number of the vehicle, and(e) the make of the vehicle, and(f) the vehicle’s VIN or, if there is no VIN, any chassis number and engine number of the vehicle, and(g) the vehicle’s GVM (if applicable to the vehicle concerned), and(h) the vehicle’s GCM (if applicable to the vehicle concerned), and(i) in the case of a heavy vehicle—the applicable charging category for the vehicle under the Road Transport (Heavy Vehicles Registration Charges) Act 1995, and(j) in the case of a light vehicle—the applicable motor vehicle tax for the vehicle under the Motor Vehicles Taxation Act 1988, and(k) the expiry date of the registration, and(l) if the vehicle is conditionally registered—the conditions to which registration of the vehicle is subject.(2) The Authority may also include in a certificate of registration such other information as the Authority considers is appropriate.(3) On payment of any applicable gazetted fee, the Authority may issue a replacement certificate of registration to the person in whose name the certificate was issued if the Authority is satisfied that the original certificate is lost, stolen, damaged or destroyed.(4) A certificate of registration and any renewal of such a certificate issued under this Chapter is to bear the imprint of the Authority’s cash register or such other endorsement as may be approved by the Authority recording the payment of any fee or other money payable under the Act or any other Act or this Regulation in connection with the registration or renewal.
17 Registration labels
(1) If the Authority registers a registrable vehicle it must issue a registration label.(2) A registration label:(a) issued in respect of a motor vehicle (other than a motor vehicle referred to in paragraph (b)) must include:(i) the registration number of the vehicle, and(ii) its make, and(iii) its model or body type (whichever is the more descriptive), and(iv) its VIN or, if there is no VIN, any chassis number and engine number, and(v) the expiry date of the vehicle’s registration, and(vi) if the vehicle is conditionally registered—the conditions to which registration of the vehicle is subject, in coded form, and
(vii) the vehicle’s GVM (if applicable to the vehicle concerned), and(viii) the vehicle’s GCM (if applicable to the vehicle concerned), and(ix) if the vehicle is a heavy vehicle—the applicable charging category for the vehicle under the Road Transport (Heavy Vehicles Registration Charges) Act 1995 in coded form, or(b) issued in respect of a trailer or a motor vehicle without a windscreen or fixed windows must be in a form approved by the Authority.Note.
In relation to subclause (2) (a) (vi), a list of codes will be available from the Authority.A registered operator will receive full written explanation of the conditions applying to the vehicle when the registration label is issued.
(3) A registration label must be affixed:(a) in the case of a motor vehicle fitted with a windscreen or fixed windows:(i) to the lower left (or near side) portion of the front windscreen, or(ii) to any fixed window on the left (or near) side of the vehicle, and(b) in the case of a caravan or other trailer:(i) on or adjacent to the vehicle’s number-plate in such a manner that the characters on the number-plate are not obscured, or(ii) if the vehicle has a fixed rear window or a hinged rear window that is to be closed when the caravan or other trailer is being towed—to that window, in a location as close as possible to the vehicle’s number-plate, and(c) in any other case—on or adjacent to the vehicle’s rear number-plate in such a manner that the characters on the number-plate are not obscured.(4) Despite subclause (3), the registration label must be affixed so that the information on the label is readable from the outside of the vehicle.(5) Despite subclause (1), the Authority is not required to issue a registration label in respect of a registrable vehicle that is operated by a State or Territory or the Commonwealth or by an authority of a State or Territory or the Commonwealth.(6) If necessary, and on payment of any applicable gazetted fee, the Authority may issue a registration label to the person in whose name a registrable vehicle is registered to replace a registration label that has been lost, stolen, damaged or destroyed.
Part 5 Number-plates
Division 1 Interpretation
18 Definitions
In this Part:number includes a letter of the alphabet.
plate holder, in relation to a number-plate, means:
(a) in the case of a trader’s plate—the trader to whom the trader’s plate has been issued, or(a1) in the case of a special number-plate—a special plate holder within the meaning of clause 21, or(b) in the case of any other number-plate—each registered operator of the registrable vehicle in respect of which the number-plate has been issued.vehicle number-plate means a number-plate other than a bicycle-rack number-plate.
19 Application of Part to trader’s plates
This Part (except Division 5) does not apply to trader’s plates.Note.
Part 2 of Chapter 4 provides for the issue and use of trader’s plates.
Division 2 Issue of number-plates
20 Number-plates generally
(1) If the Authority registers a registrable vehicle it must assign a distinguishing registration number to the vehicle.(2) The Authority must, on payment of the applicable scheduled fee for the issue of a vehicle number-plate or number-plates, issue:(a) for each motor vehicle registered by the Authority (other than a motor vehicle referred to in paragraph (b) or (c))—2 vehicle number-plates bearing the registration number assigned to that motor vehicle, and(b) for each motor bike or trailer registered by the Authority—at least one vehicle number-plate bearing the registration number assigned to that motor bike or trailer, and(c) for each other registrable vehicle registered by the Authority—such number of vehicle number-plates as the Authority considers appropriate.(3) A vehicle number-plate is to conform to such specifications as the Authority may require and must display:(a) the matter “NSW” and such words (if any) as the Authority may determine with the approval of the Minister, or(b) the words “New South Wales” and such other words (if any) as the Authority may determine with the approval of the Minister.
21 Special number-plates
(1) The Authority may enter into an agreement with any person under which that person (referred to as a special plate holder) has an exclusive right to use, subject to the payment of any applicable gazetted fee, a specified combination of numbers on a special number-plate.Note.
A special number-plate is defined in the Dictionary to mean a number-plate with a number that is comprised of:(a) one to 6 letters only, or(b) one to 6 numbers only, or(c) a combination of one or more letters with one or more numbers, being a combination that does not exceed 6 letters and numbers, and:(i) that is not routinely issued by the Authority, or(ii) that the Authority has determined should be treated as a special number.(2) Such an agreement may be expressed to have effect indefinitely or for a definite period.(3) The rights exercisable by a special plate holder under such an agreement may not be assigned to any other person except with the approval of the Authority.(4) Clause 23 applies to a special number-plate in the same way as it applies to any other number-plate, despite the provisions of any agreement under this clause.
22 Bicycle rack number-plates
(1) A registered operator of a motor vehicle (other than a motor bike or a motor trike) may apply for a bicycle rack number-plate.(2) On receipt of such an application and the payment of any applicable gazetted fee, the Authority may issue, in addition to the vehicle number-plates issued under clause 20, a bicycle rack number-plate having the distinguishing number of the registration of the registrable vehicle on which the number-plate is, by means of the bicycle rack, to be placed.(3) A bicycle rack number-plate issued under this clause is to conform to such specifications as the Authority may determine and must display:(a) the matter “NSW” and “bike rack” and such other words as the Authority may determine with the approval of the Minister, or(b) the words “New South Wales” and “bike rack” and such other words as the Authority may determine with the approval of the Minister.(4) For the purposes of this Regulation:(a) a bicycle rack number-plate issued under this Regulation is taken to be issued for use on a motor vehicle, and(b) a bicycle rack number-plate displayed, in accordance with this Regulation, on a bicycle rack on a motor vehicle is taken to be placed on the motor vehicle concerned, and(c) in determining whether a bicycle rack number-plate has the same number as a vehicle number-plate issued under this Regulation, the following are to be disregarded:(i) any words and matter displayed on the vehicle number-plate as required by clause 20 (3),(ii) the words “NSW–THE PREMIER STATE” (if displayed on the vehicle number-plate),(iii) the words and matter displayed on the bicycle rack number-plate as required by subclause (3).(5) A bicycle rack number-plate displayed on a motor vehicle must be illuminated, at all times when the vehicle is driven between the hours of sunset and sunrise, with a white light so as to render visible at a distance of 20 metres each number on the plate.
23 Authority may alter distinguishing number of registration
(1) The Authority may at any time alter the distinguishing number of the registration of a registrable vehicle.(2) Without limiting subclause (1), the Authority may alter the distinguishing number of a registrable vehicle if:(a) the distinguishing number comprises one to 6 numbers only, and(b) a registered operator of the vehicle is a corporation, and(c) the Authority is satisfied that a significant change in the ownership or control of the corporation has occurred since that distinguishing number was allocated to that vehicle.(2A) Without limiting subclause (1), the Authority may alter the distinguishing number of a registrable vehicle if the Authority considers that:(a) there is an error of any kind in the vehicle number-plate issued for the vehicle, or(b) there has been an error of any kind in the issuing of a vehicle number-plate for the vehicle.(3) On or before altering the distinguishing number of the registration of a registrable vehicle under this clause, the Authority must give written notice to each registered operator of the vehicle requiring the registered operator to return to the Authority, within such period as is specified in the notice, any vehicle number-plate issued under this Regulation in respect of the vehicle.(4) A registered operator of a registrable vehicle must comply with any notice given to the registered operator under subclause (3).Maximum penalty (subclause (4)): 20 penalty units.
(5) On receipt of a vehicle number-plate returned in accordance with the requirements of a notice referred to in subclause (3) (and, if a bicycle rack number-plate is also returned, on receipt of that number-plate), the Authority is to issue to a registered operator of the registrable vehicle concerned a replacement number-plate bearing the distinguishing number, as altered, of the registration of the vehicle for each number-plate that is returned.
Division 3 Use of number-plates
24 Display of number-plates
(1) Unless otherwise approved by the Authority, a registered operator of a registered registrable vehicle must ensure that a vehicle number-plate issued by the Authority for the vehicle is permanently affixed to the vehicle so that (assuming the vehicle to be on level ground):(a) the number-plate is at all times:(i) in an upright position that is substantially parallel to the vehicle’s axles, and(ii) not more than 1.3 metres above ground level, and(b) the numbers on the number-plate are clearly visible from a distance of 20 metres at any point within an arc of 45 degrees from the surface of the number-plate above or to either side of the vehicle, as shown in figures 1 and 2 of diagram 1 (in relation to heavy vehicles) and figures 1 and 2 of diagram 2 (in relation to light vehicles), and(c) 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(d) in the case of a motor vehicle—one number-plate is affixed to the front of the vehicle and another to its rear, and(e) in the case of a motor bike or trailer—at least one number-plate is affixed to its rear, and(f) in the case of a motor vehicle for which number-plates of different sizes are issued—the larger of the number-plates is affixed to the rear of the vehicle.Diagram 1—Heavy vehiclesDiagram 2—Light vehicles(2) Subclause (1) (a), (b), (d) and (e) do not apply to a vehicle number-plate of a registrable vehicle if:(a) due to the construction of the vehicle it is not practicable to comply with those paragraphs, and(b) the number-plate is affixed in a manner that complies so far as practicable with those paragraphs.(3) Subclause (1) (b) does not apply to the rear vehicle number-plate of a registrable vehicle if:(a) the rear number-plate of the registrable vehicle is obscured by a vehicle that is being towed by the registrable vehicle, and(b) the towed vehicle displays a rear number-plate in accordance with subclause (1) or, when the towed vehicle is not required to display a rear number-plate, the registration number of the registrable vehicle is displayed at the rear of the towed vehicle in a manner that complies so far as practicable with subclause (1).
Division 4 Transfer, exchange, reservation and interchange of number-plates
25 Reservation and interchange of number-plates
(1) The Authority may approve the reservation of any number-plate in respect of a registrable vehicle, subject to the payment of any applicable gazetted fee for each 12 month period (or part of that period in excess of 21 days) that the number-plate is to be held.(2) On the payment of any applicable gazetted fee, the Authority may approve the interchange between registrable vehicles of vehicle number-plates issued under this Regulation.
26 Transfer of number-plate to another vehicle
The Authority may transfer a vehicle number-plate of a registrable vehicle to another registrable vehicle if:(a) the registration of the registrable vehicle from which the number-plate is to be transferred was cancelled following an application under clause 41 for the surrender of the registration, and(b) where the vehicle has one registered operator—the same person is (or is to be) the registered operator of the registrable vehicle to which the number-plate is to be transferred, and(c) where the vehicle has more than one registered operator—the Authority is satisfied that each operator who is living consents to the transfer, and(d) where the vehicle from which the number-plate is to be transferred has more than one registered operator—the Authority is satisfied that all the registered operators have consented to the transfer, and(e) the Authority is paid any applicable gazetted fee for the transfer.
27 Exchange of number-plates
If a registered operator of a registered vehicle surrenders a vehicle number-plate to the Authority, the Authority may issue another set of vehicle number-plates with a different number from the number of the surrendered number-plate subject to the payment of any applicable scheduled fee for that issue.
Division 5 Damaged, destroyed or missing number-plates
28 Damaged number-plates
(1) If any number-plate issued under this Regulation becomes damaged, a plate holder must, as soon as is practicable:(a) notify the Authority of the fact of such damage, and(b) surrender to the Authority the number-plate and, unless otherwise approved by the Authority, any other number-plate with the same number issued under this Regulation.Maximum penalty: 20 penalty units.
(2) The Authority may request a plate holder to pay any applicable scheduled fee for replacing a damaged number-plate.(3) On the application of a plate holder who has surrendered vehicle number-plates under this clause, the Authority may issue replacement vehicle number-plates having the same number as the surrendered number-plates on payment of any applicable gazetted fee (in the case of a special number-plate), or any applicable scheduled fee (in any other case), for the issue.(4) If a bicycle rack number-plate is surrendered under this Regulation, the plate holder may apply for, and the Authority may issue, a new bicycle rack number-plate with the same number as the surrendered bicycle rack number-plate on payment of any applicable gazetted fee for the issue.
29 Lost, stolen or destroyed number-plates
(1) If any vehicle number-plate issued under this Regulation is lost, stolen or destroyed, a plate holder must, as soon as is practicable after discovering the loss, theft or destruction:(a) give written notification of the loss, theft or destruction to the Authority, and(b) deliver to the Authority any other number-plate (including a bicycle rack number-plate) with the same number issued under this Regulation unless it too has been lost, stolen or destroyed.Maximum penalty: 20 penalty units.
(2) If a bicycle rack number-plate is lost, stolen or destroyed, the plate holder must, as soon as practicable after discovering the loss, theft or destruction, notify the Authority in writing accordingly.Maximum penalty: 20 penalty units.
(3) The Authority may request any such plate holder:(a) to forward evidence, in a form acceptable to the Authority, verifying the loss, theft or destruction of the number-plate and stating the circumstances connected with it, and(b) if a vehicle number-plate is lost, stolen or destroyed—to pay any applicable scheduled fee for replacing a lost, stolen or destroyed number-plate.(4) If a number-plate is lost, stolen or destroyed or is delivered to the Authority by the plate holder under subclause (1) (b), the Authority may issue a new number-plate with a number different from the number-plate it replaces on payment of any applicable scheduled fee for the issue.
30 Recovery of lost or stolen number-plates
(1) A person who recovers a lost or stolen number-plate must, as soon as is practicable after recovering the number-plate, give notification of the recovery to the Authority and, unless otherwise directed by the Authority, must also deliver the recovered number-plate to the Authority.Maximum penalty: 20 penalty units.
(2) In this clause:lost includes mislaid or unable to be found for any reason.
Part 6 Renewal of registration
31 Notice for renewal of registration
(1) A notice of renewal of registration is a notice:(a) addressed to a registered operator of a vehicle, and(b) stating that, if registration of a registrable vehicle is not renewed on or before a specified date, the registration of the vehicle will expire.(2) If the Authority fails to send a notice of renewal, that failure does not affect:(a) the expiry of the vehicle’s registration, or(b) the obligation of a registered operator to renew the registration of a vehicle that the operator intends to be used on a road or road related area after the expiry of its existing registration.
32 Renewal of registration
(1) A registered operator may apply for renewal of the registration of a registrable vehicle by submitting to the Authority:(a) an application for renewal of registration in the form approved by the Authority, and(b) the amount of the registration charge applicable to the vehicle and the applicable scheduled fee for renewal of registration for the relevant period, and(c) payment or evidence of payment of any applicable third party insurance premium required by third party insurance legislation in respect of the vehicle.(2) An applicant for renewal of registration of a registrable vehicle must:(a) if seeking to register the vehicle for a period that differs from the current registration period—nominate a period specified in clause 12 (1), or(b) if seeking to register the vehicle for a period referred to in clause 12 (2) to which paragraph (a) does not apply—nominate the period for which registration is sought.(3) The registration of a registrable vehicle may be renewed:(a) not more than 3 months after the expiry of registration of the vehicle, or(b) in the case of a period nominated under subclause (2) (b)—not more than 12 months after the expiry of registration of the vehicle.(4) The expiry date of a renewed period of registration must be calculated as if the renewal had commenced:(a) on the day after the day recorded in the register as the expiry date of the period of the registration being renewed, or(b) in the case of a registrable vehicle nominated under subclause (2) (b)—on the first day of the nominated period.(5) Subclauses (3) and (4) do not have the effect of retrospectively registering a registrable vehicle.(6) Subject to subclause (7), the Authority must renew the registration of a registrable vehicle.(7) The Authority may refuse to renew the registration of a registrable vehicle if the circumstances are such that if an initial application for registration of the vehicle were being made the Authority would refuse the application under clause 13 (1).(8) If:(a) the period during which the registration of a registrable vehicle may be renewed has expired, and(b) the registration of the vehicle has not been renewed, andthe operator must return the number-plates to the Authority within 14 days of the date specified in the notice.(c) the Authority requests by written notice the registered operator of the vehicle to return the number-plates of the vehicle,Maximum penalty (subclause (8)): 20 penalty units.
Chapter 3 Alteration of registration status
Part 1 General obligations of registered operators
33 Obligations of registered operators
(1) Any registered operator of a registered vehicle must notify the Authority, in a form approved by the Authority, not more than 14 days after a change in:
(a) the vehicle’s garage address, or(b) any operator’s name, residential address or address for service of notices.Note.
Section 4 of the Act defines residential address, in relation to a company or other body corporate, to mean its registered office or any place recorded in the Register as its residential address or business address.(2) A registered operator of a heavy vehicle that has been:(a) destroyed or declared by the operator to be a write-off, ormust cause notification of those matters to be given to the Authority not more than 14 days after their occurrence.(b) declared by an insurer to be a write-off,(3) If any change is made to a registrable vehicle that:(a) affects its description as described on the certificate of registration for the vehicle in accordance with clause 16 (1) (e)–(h), ora registered operator must ensure that the vehicle is not used until after:(b) would incur liability for an additional charge under the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or the Motor Vehicles Taxation Act 1988,(c) the Authority has been notified of the change, and(d) any additional fee or charge attributable to the change has been paid.(4) A registered operator is not required to comply with subclause (3) (a) if the operator has already provided that information under section 20 of the Road Transport (Heavy Vehicles Registration Charges) Act 1995.(5) A registered operator of a registrable vehicle must present the vehicle for inspection or testing in accordance with reasonable notice in writing served on the operator by the Authority.(6) A registered operator of a registrable vehicle must provide any information reasonably required by the Authority to demonstrate that the garage address recorded in the Register is the vehicle’s actual garage address.
Part 2 Transfer of registration
34 Obligations of disposers: provision of inspection reports
(1) This clause applies only to an examinable vehicle that is not:(a) a public passenger vehicle, or(b) a vehicle for which a person is exempted by the Authority from submitting an inspection report with an application for registration or renewal of registration.(2) A person who offers an examinable vehicle for sale to another person must, before or when the other person is shown the vehicle:(a) give an inspection report for the vehicle to the other person, being a report issued within the last month, or(b) make the report available to the other person, so that the report may be read by the other person.Maximum penalty (subclause (2)): 20 penalty units.
(3) A person who sells an examinable vehicle (whether as an agent or the principal) must give the purchaser, for retention by the purchaser, before or when the purchaser takes possession of the vehicle, the inspection report referred to in subclause (2).Maximum penalty (subclause (3)): 20 penalty units.
(4) The following persons are exempted from this clause:(a) any person, in respect of an offer to sell or the sale of an examinable vehicle that has been, within the last month before the offer or the sale, registered for the first time or the registration of which has been renewed within that month in accordance with this clause,(b) any person, in respect of an offer to sell or the sale of an examinable vehicle:(i) to a dealer, or(ii) at an auction conducted in accordance with section 23B or 23C of the Motor Dealers Act 1974, or(iii) to a vehicle-wrecker, or a motor vehicle parts reconstructor, licensed under the Motor Dealers Act 1974 for the purpose of the vehicle’s being demolished or dismantled,(c) a dealer, in respect of an offer to sell or the sale by the dealer, in the capacity of a dealer, of an examinable vehicle,(d) a dealer, in respect of an offer to sell or the sale by the vehicle-wrecker, in the capacity of a vehicle-wrecker, of an examinable vehicle that is substantially demolished or dismantled.(5) In this Regulation:examinable vehicle means any one of the following registrable vehicles:
(a) cars,(b) station waggons,(c) motor bikes,(d) trailers having an unladen weight of less than 1.02 tonnes,(e) motor lorries having a GVM of 4.5 tonnes or less,(f) any other motor vehicles having a GVM of 4.5 tonnes or less and to which number-plates are attached.
35 Obligations of disposers
(1) A person, or the agent of a person, who disposes of a registered registrable vehicle must, immediately after disposing of the vehicle:(a) complete an application for transfer of registration as disposer in the form approved for that purpose by the Authority and sign it, and(b) give the completed form to the acquirer.(2) If the person or agent is a dealer, the person or agent must also, immediately after disposing of the vehicle, notify the Authority of the following:(a) the full names and addresses of the following persons:(i) if the dealer is an agent for another person—the person on whose behalf such vehicle has been disposed of,(ii) the person who has acquired the vehicle,(b) the date of the disposal,(c) the number of any number-plate issued under this Regulation for use on the vehicle.(3) This clause and clause 36 do not apply to a passing of possession of a registrable vehicle:(a) under any hiring (not being a hiring under a hire-purchase agreement) or under any lending (not being a lending under a lease agreement) of a registrable vehicle, or(b) to an agent for the purposes of sale or disposal, or to a bailee for the purpose of alteration, repair, renovation, garaging, storing or any other similar purpose not involving the use of the vehicle for the benefit of the bailee.
36 Obligations of acquirers
(1) A person who acquires, or the agent of a person who acquires, a registered registrable vehicle must, as soon as practicable after acquiring the vehicle:(a) complete as the acquirer the form obtained from the disposer as referred to in clause 35 to the extent indicated on the form and sign it, and(b) not more than 14 days after acquiring the vehicle, lodge the completed and signed application with the Authority accompanied by any duty payable under applicable stamp duty legislation and the applicable scheduled fee for transfer of registration of the vehicle.(2) Clause 35 and subclause (1) do not apply in relation to a registrable vehicle acquired in accordance with an order of a court in Australia or other legal process.(3) If a registered vehicle is acquired in accordance with an order of a court in Australia or other legal process, the person or the agent of the person, who acquires the vehicle must:(a) obtain a form of notification of the court order or other legal process and complete the form as the acquirer to the extent indicated on the form and sign it, and(b) not more than 14 days after acquiring the vehicle, lodge the completed and signed application with the Authority accompanied by any duty payable under applicable stamp duty legislation and the applicable scheduled fee (if any) for transfer of registration of the vehicle.(4) If the applicable scheduled fee referred to in subclause (1) is expressed, in Schedule 2, to include an additional amount payable by reason of the making of the application after a date or period, the Authority may in a particular case exempt an applicant from liability to pay that additional amount if the Authority is satisfied there is sufficient cause for doing so.(5) A person who acquires, or the agent of a person who acquires, a registered registrable vehicle is not required to pay the applicable scheduled fee referred to in subclause (1) if the person is a veteran to whom section 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth applies.
37 Repossession and restoration
(1) The holder of a security interest in a registered registrable vehicle must notify the Authority, and apply for transfer of the vehicle, not more than 14 days after:(a) taking possession of the vehicle from a registered operator, or(b) returning possession of the vehicle to a registered operator.(2) Notification of taking or returning possession must be in a form approved by the Authority.(3) An application for transfer after taking or returning possession of a registered registrable vehicle must be:(a) in a form approved by the Authority for the purpose, and(b) accompanied by the applicable scheduled fee for transfer of registration of the vehicle.
38 Registration of the transfer of vehicles and functions of the Authority
(1) The Authority may refuse to register the transfer of registration of a registrable vehicle if:(a) the registrable vehicle is the subject of a vehicle defect notice that:(i) prohibits use of the vehicle or imposes conditions on the use of the vehicle, and(ii) has not been cleared in accordance with clause 78 (4), or(b) the vehicle is registered on condition that it not be transferred, or(c) the requirements of this Regulation relating to transfer of registration have not been complied with, or(d) the Authority reasonably believes that the ownership, possession, control or description of the vehicle is uncertain, or(e) the person disposing of, or the person acquiring the registrable vehicle, fails to comply with the requirements of a law in force in this State relating to certificates of roadworthiness for, or inspection of, registrable vehicles, or(f) the Authority would refuse an application to register the vehicle under clause 13 (1), or(g) information required to be furnished to the Authority under clause 89 (3) has not been furnished to the Authority, or(h) the Authority is for any reason of the opinion that the person to whom the registration is proposed to be transferred is not a fit and proper person to be a registered operator of the vehicle, or(i) the vehicle has more than one registered operator—the Authority is not satisfied that each registered operator consents to the transfer, or(j) the Authority is satisfied that the effective management of the vehicle has not changed.(2) If a set of 2 special number-plates issued in respect of the registration of a registrable vehicle is a set of number-plates for which a fee is payable under clause 21, the Authority may also refuse to transfer the registration of the vehicle until:(a) the distinguishing number of the registration has been altered under clause 23, and(b) the number-plates have been surrendered to the Authority.(3) The Authority must refuse to register a transfer of registration of a registrable vehicle if an order of a court in Australia prohibits the transfer of registration of the vehicle, and the Authority has been notified of the order.(4) The Authority may register the transfer of a registrable vehicle, despite the failure of one of the parties to the transfer to meet a requirement of this Regulation relating to the transfer of registrable vehicles, if the Authority considers it appropriate to do so in the circumstances.(5) If the Authority is advised by a registered operator of a registrable vehicle that the vehicle has been disposed of, the Authority may make an entry in the Register to that effect pending the receipt of the application for transfer.(6) If the Authority registers a transfer of a registrable vehicle it must issue a new certificate of registration, make an endorsement on the certificate of registration or issue a form of transfer of registration to the person acquiring the vehicle.(7) The Authority may, subject to any condition that it thinks fit, exempt any person or class of persons from all or any provisions of this Part (other than this subclause).
39 Transfer on death of registered operator
(1) On notification of the death of a registered operator of a registrable vehicle, the Authority may transfer the registration to any person who applies to the Authority for the transfer if:(a) the person proves to the satisfaction of the Authority that the person is reasonably entitled to the transfer, and(b) in the case of a vehicle that has more than one registered operator—the Authority is satisfied that the remaining registered operator consents to the transfer, and(c) the certificate of registration for the vehicle is surrendered to the Authority, and(d) the applicable scheduled fee for the transfer is paid and, in the case of a special number-plate, such fees as are fixed by the Authority as are applicable to the special number-plate, are paid.(2) A transfer may be cancelled by the Authority if, during the currency of the registration, any person produces probate of the will or letters of administration granted to the person for the estate of the deceased and applies to have the registration transferred to some person other than the person mentioned in subclause (1).(3) On the application of any such other person and the payment of the applicable scheduled fee or, in the case of a vehicle with a special number-plate, of the fee fixed by the Authority, the Authority may transfer the registration to the person.(4) Any person to whom a certificate of registration has been transferred under subclause (1) must, in the event of such transfer being cancelled, immediately deliver the certificate of registration to the Authority on being requested so to do.Maximum penalty (subclause (4)): 20 penalty units.
Part 3 Expiry of registration
40 Expiry of registration
(1) The registration of a registrable vehicle expires at the end of the day recorded in the Register as the vehicle’s registration expiry date.(2) A renewal of a registration takes effect:(a) from the expiry of the registration or last preceding renewal, or(b) if reissued by the Authority to take effect from an earlier day, from that day.(3) If the registration of a registrable vehicle expires, the registered operator must, if required to do so by the Authority, return the vehicle’s number-plates to the Authority or an agent nominated by the Authority within 14 days after the date specified in a written notice from the Authority requesting their return.(4) A registered operator to whom a written notice is given under subclause (3) must comply with any requirement specified in the notice.Maximum penalty: 20 penalty units.
Part 4 Surrender and cancellation of registration
41 Surrender of registration by registered operator
(1) A registered operator, personally or by an agent who produces written evidence of his or her appointment as agent, may apply to the Authority to surrender the registration of a registrable vehicle.(2) A registered operator who applies for surrender of registration of a registrable vehicle must:(a) give to the Authority a statement signed by the operator or agent that the registration label for the vehicle has been destroyed, and(b) if required to do so by the Authority, return the registration certificate and number-plates for the vehicle to the Authority or an agent nominated by the Authority.Maximum penalty (subclause (2)): 20 penalty units.
(3) Despite subclause (2), a registered operator is not required to return to the Authority:(a) a registration certificate or number-plate that has been lost or destroyed if the Authority is satisfied that the original registration certificate or number-plate is lost or destroyed, or(b) special number-plates, if retention of the plates is permitted by an agreement with the Authority or by law.(4) The Authority must approve an application for the surrender of the registration of a registrable vehicle unless:(a) a registered operator of the vehicle has failed to meet the requirements of this Regulation, or(b) the Authority is taking action to suspend or cancel the registration, or(c) if the vehicle has more than one registered operator—the Authority is not satisfied that each registered operator consents to the surrender.Note.
Clause 80 provides for the refund of fees in the case of surrenders or cancellation of registration.
42 Suspension or cancellation of registration
(1) The Authority may suspend or cancel the registration of a registrable vehicle in accordance with clause 43 if:(a) a vehicle defect notice relating to the vehicle has not been complied with and the date for compliance specified in the notice has expired, or(b) the vehicle does not comply with the applicable vehicle standards for the vehicle, or(c) any amounts payable in relation to the vehicle under third party insurance legislation, stamp duty legislation, the Act, this Regulation or the Road Transport (Heavy Vehicles Registration Charges) Act 1995 have not been paid, or(d) a payment in a form other than cash submitted to the Authority as payment of a registration charge or fees or stamp duty (or a third party insurance premium submitted to an insurer) is dishonoured, or(e) a penalty imposed on a registered operator of the vehicle in respect of the operation of the vehicle is unpaid and no court order for the payment of a penalty by instalments has been made, or(f) a registered operator of the vehicle has not complied with a court order for the payment by instalments of a penalty imposed on the registered operator in respect of the operation of the vehicle, or(g) the vehicle has been destroyed or damaged beyond repair, or(h) the Authority reasonably believes that the ownership, possession, control or description of the registrable vehicle as recorded on the Register is uncertain, or(i) the Authority has approved an application to surrender registration of the vehicle under clause 41 (4), or(j) any tax on the vehicle under the provisions of any Act is due and unpaid, or(k) the Authority is satisfied that the registration has been issued erroneously, or(l) the Authority is, for any reason whatever, of the opinion that a registered operator is not a fit and proper person to be the holder of the registration for the vehicle.(2) The Authority may suspend the registration of a registrable vehicle for a period not exceeding 3 months if the Authority is satisfied, on the balance of probabilities, that a registered operator of the vehicle has failed to use or manage the vehicle so as to effectively prevent repeated violations of the traffic law (whether by the operator or by another person authorised to use the vehicle).(3) Subject to subclause (4), clause 43 does not apply to a decision to suspend registration under subclause (2).(4) Before suspending the registration of a vehicle under subclause (2), the Authority:(a) must give a registered operator of the vehicle notice in writing of the matters referred to in clause 43 (1) (a) and (b), and(b) may follow such other procedures prescribed by clause 43 or such other procedures as it considers appropriate.(5) In this clause, traffic law means:(a) a provision of the Act or this Regulation, or(b) a provision of the road transport legislation (within the meaning of the Road Transport (General) Act 1999) other than this Act or the regulations.
43 Procedures for suspension and cancellation of registration
(1) If the Authority decides to suspend the registration of a registrable vehicle, the Authority must give a registered operator notice in writing of:(a) the reasons for the suspension, and(b) the date on which the registration is to be suspended, and(c) the action to be taken by the registered operator in order to avoid the suspension or to have the suspension removed.(2) The Authority must not cancel the registration of a registrable vehicle, except following a surrender of registration by a registered operator under clause 41, unless the Authority:(a) has suspended the registration and believes that a reason for the suspension still exists, and(b) has served notice on the registered operator that:(i) advises the registered operator that the Authority has decided to cancel the registration of the vehicle and gives the reasons for the decision, and(ii) specifies requirements that must be met if the cancellation is to be avoided, and(iii) states that, if those requirements are not met within 14 days after the date specified in the notice for that purpose, the cancellation will then take effect, and
(iv) if there is a right under the Road Transport (General) Act 1999 or a regulation made under that Act to appeal against the decision or to have it reviewed—advises the registered operator of the right of appeal or review.(3) Despite subclause (2), the Authority may cancel the registration of a registrable vehicle without first suspending that registration if it is directed to cancel the registration by the State Debt Recovery Office under the Fines Act 1996.(4) If the requirements stated in the notice are not met within the period specified in the notice, the registration of the vehicle is cancelled at the end of that period.(5) As soon as practicable after cancellation of the registration of a registrable vehicle, a registered operator must:(a) destroy the registration label for the vehicle, and(b) if required to do so by the Authority, return the vehicle’s registration certificate and number-plates to the Authority or an agent nominated by the Authority within 14 days of the date specified in a written notice from the Authority requesting their return.Maximum penalty (subclause (5)): 20 penalty units.
(6) On cancelling the registration of a registrable vehicle, the Authority may require a registered operator of the vehicle to pay the applicable gazetted fee for the cancellation.
Chapter 4 Authorised uses of unregistered registrable vehicles
Part 1 Unregistered vehicle permits
44 Issue of unregistered vehicle permits
(1) In this clause, number includes letter.(2) The Authority may issue an unregistered vehicle permit for a registrable vehicle if:(a) it would be unreasonable or impracticable to require that the registrable vehicle be registered during the period of the permit or the vehicle has been driven to a place under clause 17 of Schedule 1 for the purpose of obtaining registration and registration has been refused, and(b) the vehicle complies with any applicable third party insurance legislation.(3) An unregistered vehicle permit authorises use of a registrable vehicle on:(a) a road or road related area, orsubject to any condition specified in the permit.(b) particular roads or road related areas,(4) Unless sooner revoked, an unregistered vehicle permit expires on the expiry date recorded in the permit:(a) if the permit specifies an expiry time—at that time on the expiry date, or(b) if no expiry time is specified—at the end of the day recorded as the expiry date.(5) If the Authority issues an unregistered vehicle permit the Authority must:(a) record details of the permit, including any condition to which the permit is subject, in the Register, and(b) assign a temporary identification number to the vehicle.(6) Except if otherwise approved by the Authority, an applicant for an unregistered vehicle permit must pay to the Authority any applicable gazetted fee for issue of the permit before it is issued.(7) The holder of an unregistered vehicle permit must:(a) display a notice affixed securely to the registrable vehicle in a prominent position depicting the temporary identification number assigned to the vehicle by the Authority, or(b) display such information as may be required or authorised by the Authority.(8) An unregistered vehicle permit may be revoked or varied at any time by the Authority.
Part 2 Trader’s plates
45 Issue of trader’s plates
(1) On the payment of the applicable scheduled fee, the Authority may issue one or more trader’s plates to any person that the Authority is satisfied:(a) is a manufacturer, or repairer of, or dealer in, unregistered registrable vehicles, or(b) provides some other service in relation to unregistered registrable vehicles that is incidental to the manufacture or repair of, or dealings in, those vehicles, being a service that the Authority is satisfied requires the use of trader’s plates.(1A) Despite subclause (1), the Authority is not to issue a trader’s plate to a person unless the Authority is satisfied that the person carries on business from premises that the Authority considers to be suitable for the issue of trader’s plates.(2) A trader’s plate issued under this clause:(a) must conform to such specifications as the Authority may determine, and(b) must display:(i) the matter “NSW” and such words (if any) as the Authority may determine with the approval of the Minister, or(ii) the words “New South Wales” and such other words (if any) as the Authority may determine with the approval of the Minister, and(c) remains the property of the Authority.
46, 47 (Repealed)
48 Use of vehicles with trader’s plates on road or road related area
For the purposes of section 18 (2) (b) of the Act, a registrable vehicle to which a trader’s plate is attached may be used on a road or road related area only if the use of the vehicle is an authorised use under clause 50.
49 (Repealed)
50 Purposes for which trader’s plates may be used
(1) Subject to subclause (2), the use of a registrable vehicle to which a trader’s plate is affixed on a road or road related area is an authorised use if the vehicle (or in the case of a trailer, the vehicle by which it is drawn):(a) is conveying the trader to whom the plate has been issued or the trader’s authorised employee or agent, and is being driven:(i) for a purpose connected with its manufacture or repair or connected with a dealing in the vehicle, or(ii) for a purpose connected with a service of the kind referred to in clause 45 (1) (b) that is being provided in relation to the vehicle, or(iii) to the nearest convenient motor registry for registration by the most direct or convenient route, or(iv) for delivery at the address of a person who has acquired it from such a trader, or(b) is being test driven by a prospective purchaser who is in possession of a written authorisation to drive the vehicle issued by the trader to whom the plate has been issued or by the trader’s authorised employee or agent.(2) Nothing in subclause (1) authorises the use on a road or road related area of a registrable vehicle to which a trader’s plate is affixed for the carriage of a load unless:(a) the load is carried solely for the purpose of demonstrating to a genuine prospective purchaser the capacity of the vehicle for carrying a particular type of weight of loading, or(b) the vehicle is being driven by the most direct or convenient route to the premises of the trader to whom the plate has been issued from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of a registrable vehicle manufactured or purchased by such a trader for sale by the trader, or(c) the vehicle is a trailer specially constructed for the carriage of a boat and the loading consists solely of a boat, or(d) the vehicle weighs not more than 2 tonnes unladen and is being driven:(i) by the shortest practicable route to the premises of the trader from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of goods that are intended for the trader’s personal use or for use in his or her business as a trader, or(ii) solely for carrying spare parts (being spare parts for use in connection with the repair of registrable vehicles by such a trader) to the trader’s premises from a railway station or airport to which they have been consigned to the trader.(3) A person must not authorise an individual to test drive, on a road or road related area, an unregistered registrable vehicle to which a trader’s plate is attached unless:(a) the person is the trader to whom the trader’s plate has been issued or is the trader’s authorised employee or agent, and(b) the person reasonably believes the individual to be a genuine prospective purchaser, and(c) the person has made a record of the individual’s name and address, and(d) the person has provided the individual with a written authorisation to drive the vehicle.Maximum penalty (subclause (3)): 20 penalty units.
(4) In this clause:trader’s authorised employee or agent means an employee or agent of the trader duly authorised in writing.
51 (Repealed)
52 Trader to keep and produce record
A person to whom a trader’s plate for a registrable vehicle is issued must:(a) in respect of each occasion on which a registrable vehicle is driven on a road or road related area with the plate affixed—cause particulars to be entered in ink on a record in the form prescribed in Schedule 3, and(a1) keep any such record at the premises in which the person carries on the business in respect of which the trader’s plate was issued for at least 6 months after the record was made, and(b) produce any such record for the preceding 6 months for inspection when required so to do by:(i) the Authority, or(ii) any police officer.Maximum penalty: 20 penalty units.
53 Questions regarding use of plate to be answered
Any driver or person in charge of a registrable vehicle to which a trader’s plate is affixed or any person to whom a trader’s plate has been issued must, when required so to do by any police officer, immediately answer truthfully all questions that are put to the person concerning the purpose for which the plate is used.Maximum penalty: 20 penalty units.
54 Disposal or cessation of business
If a trader to whom a trader’s plate has been issued sells, disposes of or ceases to carry on the business to which the trader’s plate relates, the trader must immediately give written notification to the Authority of the sale, disposition or cessation of the business and deliver the trader’s plate to the Authority.Maximum penalty: 20 penalty units.
55 Return of trader’s plate
(1) If the Authority is satisfied that a person has ceased for any reason to be entitled to hold a trader’s plate issued to the person, the Authority may request the person immediately to deliver the trader’s plate to the Authority.(2) Subject to subclause (1), any person to whom a trader’s plate has been issued must, not later than 14 days after the expiration of the period for which the trader’s plate was issued, deliver the trader’s plate to the Authority.Maximum penalty (subclause (2)): 20 penalty units.
(3) A person must not drive or allow to be driven or be in charge of any registrable vehicle on a road or road related area if there is affixed to or displayed upon the vehicle any trader’s plate that was issued for a period that has expired.Maximum penalty (subclause (3)): 20 penalty units.
Chapter 5 Vehicle standards
Part 1 General requirements
56 Applicable vehicle standards
The applicable vehicle standards for a registrable vehicle are the requirements specified in Schedule 4 that apply to the vehicle.
57 Registrable vehicles to comply with vehicle standards specified in Schedule 4
(1) A person must not use a registrable vehicle on a road or road related area unless:(a) the vehicle complies with the applicable vehicle standards for the vehicle, and(b) the vehicle and its parts and equipment are suitable for safe use and are in a thoroughly serviceable condition.Maximum penalty: 20 penalty units.
(2) Without limiting the liability of any other person under subclause (1), a registered operator (other than a registered operator using a vehicle in contravention of that subclause) of a registrable vehicle that is used in contravention of subclause (1) is also guilty of an offence under that subclause.(3) A person is not guilty of an offence under subclause (1) if:(a) the vehicle concerned is used on a road or road related area in accordance with a condition imposed on its use, given expressly or by necessary implication, by a police officer or the Authority under section 26 of the Act, or(b) the vehicle:(i) fails to comply with the dimension limits prescribed by Division 2 of Part 4 of Schedule 4, and(ii) is exempted from the dimension limits by the operation of clause 90, or(c) the vehicle is conditionally registered under this Regulation despite a failure to comply with an applicable vehicle standard for the vehicle and is used on a road or road related area in accordance with the conditions of registration, or(d) the vehicle concerned is used on a road or road related area in accordance with the conditions of an unregistered vehicle permit.(4) If any person employed by a registered operator of a registrable vehicle to drive the vehicle becomes aware that the vehicle is not in a safe and thoroughly serviceable condition to be used on a road or road related area, the person must:(a) prepare, as soon as is practicable, in duplicate, a report on a form supplied to the person for that purpose by the registered operator that includes the prescribed particulars, and(b) retain a copy of the report and, as soon as is practicable:(i) leave the other copy of the report with the registered operator, or(ii) if it is not practicable for the registered operator personally to take delivery of the report—leave the report for the operator with a person, or at a place, appointed by the operator for the purpose.Maximum penalty (subclause (4)): 20 penalty units.
(5) A registered operator of any registrable vehicle who employs any person to drive the vehicle must:(a) provide the driver with forms for the purposes of subclause (4) and appoint a person with whom or a place at which, any report referred to in that subclause may be left for the operator when it is not practicable for the registered operator to take delivery of it, and(b) retain a copy of any report left with or for the registered operator under subclause (4) for a period of 6 months from the date of the report, and(c) produce the report (or cause it to be produced) for inspection if requested to do so by a police officer or the Authority.Maximum penalty (subclause (5)): 20 penalty units.
(6) Nothing in subclause (4) or (5) affects the liability of any person under subclause (1) or (2).(7) In this clause:prescribed particulars, in relation to a report referred to in subclause (4), means:
(a) the date of the report, and(b) the registration number of the vehicle, and(c) a statement specifying which parts or equipment of the vehicle need, in the person’s opinion, to be repaired, replaced or adjusted to put the vehicle in a safe and thoroughly serviceable condition.registrable vehicle includes a road train and any component vehicle of a road train and a B-double.
Part 2 Standards and certifications
58 Compliance with vehicle standards
(1) The Authority may accept as evidence that a registrable vehicle complies with the applicable vehicle standards for the vehicle:(a) an identification plate relating to the vehicle, or(b) a certificate to that effect issued by the manufacturer of the vehicle, or(c) the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under a Maintenance Management Accreditation Scheme under Part 6 of Chapter 5, or(d) the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under a Non-national Maintenance Scheme approved by the Authority, or(e) the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under the Hire Trailer Maintenance Management Accreditation Scheme under Part 7 of Chapter 5.(2) In the absence of evidence mentioned in subclause (1), the Authority may, on inspecting the registrable vehicle, issue a certificate to the effect that the vehicle complies with the applicable vehicle standards for the vehicle.
59 Non-complying and non-standard vehicles
A registrable vehicle that does not comply with the vehicle standards may be conditionally registered if the vehicle has:(a) an operations plate installed on it in accordance with clause 60, or(b) a certificate of approved operations issued in accordance with clause 60, or(c) an identification plate relating to the vehicle.
60 Installation of operations plates and the modification of vehicles
(1) The Authority may authorise a person to install an operations plate on, or issue a certificate of approved operations for, a registrable vehicle that has been manufactured or modified in such a way that the vehicle does not comply with the applicable vehicle standards for the vehicle.(2) An operations plate installed on, or a certificate of approved operations issued for, a registrable vehicle must indicate:(a) any deficiencies in the vehicle’s operating characteristics, and(b) any conditions that should be applied to the vehicle’s registration.(3) A person who modifies, or adds components to, a registrable vehicle must ensure that:(a) if the vehicle complied with the applicable vehicle standards for the vehicle immediately before the modification or addition—the vehicle continues to comply with those standards, and(b) the modification or addition is certified by an authorised person as complying with the National Code of Practice for Heavy Vehicle Modifications (1993) published by the Federal Office of Road Safety as Vehicle Standards Bulletin No 6 or specification published by the Authority or is otherwise acceptable to the Authority.Maximum penalty (subclause (3)): 20 penalty units.
Part 3 Inspections
Division 1 When vehicles may be inspected
61 Directed inspections
(1) The Authority or a police officer may require a person to present a registrable vehicle for inspection by the Authority or an authorised examiner at a time and place specified in a notice in writing served on the person if:(a) the person has control over the vehicle, or(b) the vehicle is registered and the person is a registered operator of the vehicle.(2) A person on whom a notice under subclause (1) has been served may, not later than 24 hours before the time specified in the notice, request the Authority or police officer to change the time or place of inspection.(3) The Authority or police officer must consider any request made under subclause (2) and must, if it is reasonable to do so, notify the person of any change in the time or place of inspection.(4) A person must comply with:(a) any notice served on the person under subclause (1), or(b) any notification given to the person under subclause (3).Maximum penalty (subclause (4)): 20 penalty units.
(5) The Authority may require the registered operator of a registrable vehicle that is inspected pursuant to this clause to pay the applicable scheduled fee for the inspection.(6) Subclause (5) does not apply to any of the following vehicles if the inspection is carried out solely for the purpose of determining whether the vehicle’s exhaust emission levels comply with this Regulation:(a) a motor lorry with a GVM of 4.5 tonnes or more,(b) an articulated motor lorry,(c) a prime mover,(d) a tow truck,(e) a trailer,(f) a bus or other vehicle equipped to seat more than 8 adult persons,(g) a taxi-cab.
62 Periodic inspections
(1) Unless otherwise determined by the Authority, a registrable vehicle must be inspected by the Authority or by an authorised examiner:(a) except as provided by paragraph (b), at least once every year, or(b) in the case of a public passenger vehicle, at least twice every year.(2) In the case of a vehicle to be inspected by the Authority:(a) the fees to accompany an application for the registration or renewal of registration of the vehicle must include:(i) except as provided by subparagraph (ii), the applicable scheduled fee for one inspection of the vehicle, or(ii) in the case of a public passenger vehicle, the applicable scheduled fees for 2 inspections of the vehicle, and(b) the date, time and place for an inspection of the vehicle is to be as agreed between the Authority and the registered operator of the vehicle, and(c) unless otherwise determined by the Authority, if the vehicle is not presented for an inspection in accordance with such an agreement:(i) the inspection fee for that inspection is forfeited to the Authority, and(ii) if the vehicle is subsequently presented for inspection, a further inspection fee must be paid to the Authority before the vehicle is inspected.
British standard means a standard approved for publication on behalf of the British Standards Institution.
Note.
Copies of British Standards are available from offices of the Standards Office of Australia.British Standards Institution means the institution of that name established under Royal Charter.
bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).
car means a motor vehicle built mainly to carry people that:
(a) seats not over 9 adults (including the driver), and(b) has a body commonly known as a sedan, station wagon, coupe, convertible, or roadster, and(c) has 3 or more wheels.car derivative means a motor vehicle:
(a) that is of the kind known as a utility, station waggon or panel van, and(b) that is of the same make as a factory produced car, and(c) in which that part of the body form that is forward of the windscreen and the greater part of the mechanical equipment are the same or substantially the same as in a factory produced car.centreline, of an axle group, means:
(a) 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 fewer tyres, and(b) in any other case—a line located midway between the centre lines of the outermost axles of the group.Centre line of a tandem axle group fitted with an equal number of tyres on each axleCentre line of a tandem axle group fitted with a different number of tyres on each axleCentre line of a tri axle groupCentre line of a quad axle groupcertificate of approved operations means a certificate issued in respect of a registrable vehicle in accordance with clause 60 (2).
clearance light means a light which, when lighted, provides an indication of the width of a vehicle together with any loading or equipment on it either from the front or from the rear of the vehicle, as the case may be.
combination means a group of vehicles consisting of a motor vehicle connected to 1 or more vehicles.
controlled access bus means a bus, except an articulated bus, that is more than 12.5 metres long.
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.
Converter dollycorporation means a corporation recognised under the laws of Australia, including a foreign corporation and a body incorporated by or under statute.
daylight means the period in day from sunrise to sunset.
dealer, in relation to a vehicle, means the holder of a dealer’s licence under the Motor Dealers Act 1974.
dipping device means a device by which the driver of a motor vehicle whilst retaining his or her normal driving position:
(a) can cause the main beam of light projected by each of the headlights of a motor vehicle which has 2 headlights or by the headlight of a motor vehicle which has one headlight to be dipped, or(b) can extinguish each of the headlights of a motor vehicle which has 2 headlights or the headlight of a motor vehicle which has one headlight, and simultaneously light 2 alternative headlights or one alternative headlight (as the case may be), or(c) can extinguish each set of headlights where a motor vehicle has 4 headlights, in sets of 2, and simultaneously light one light in each set.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.Dog trailerdrawbar means a part of a trailer (other than a semi-trailer) that connects the trailer body to a coupling for towing purposes.
drawbar length, in relation to a trailer, means the horizontal distance from the centreline of the towing pivot to the centreline of the foremost axle group of the trailer.
drive includes be in control of.
driver, of a vehicle, means the person driving the vehicle.
D-value means the strength capacity of a connection device as defined in:
(a) Australian Standard AS 1773–1990 “Articulated Vehicles—Fifth Wheel Assemblies”, or(b) Australian Standard AS 2213–1984 “50 mm Pin-type Couplings and Drawbar Eyes for Trailers”, or(c) Australian Standard AS 2175–1990 “Articulated Vehicles—King Pins”.Economic Commission for Europe means the commission of that name established by the United Nations.
effective range means the distance at which a light, when lighted, will illuminate and render easily discernable under normal atmospheric conditions between sunset and sunrise any person dressed in dark clothing, or any substantial dark object, in front of the vehicle to which the light is affixed.
eligible pensioner means a person:
(a) who is the holder of a Pensioner Concession Card which is in force issued by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans’ Affairs, or(b) who is in receipt of a pension or other amount paid by the Commonwealth Department of Veterans’ Affairs in respect of a war-caused disability seriously affecting the person’s powers of movement, being a pension or other amount (or a pension or other amount below a rate) approved by the Authority for the purposes of this paragraph, orand(c) who is an armed services widow within the meaning of the Social Security Act 1991 of the Commonwealth, and(i) who is in receipt of a pension under Part II or IV of the Veterans’ Entitlements Act 1986 of the Commonwealth at the maximum rate applicable under section 1064 (5) of the Social Security Act 1991 of the Commonwealth, and(ii) who is under the pension age for the person set out in section 5QA of the Veterans’ Entitlements Act 1986 of the Commonwealth,(d) who is the holder of a current driver licence, being a licence for which no fee was payable under the Road Transport (Driver Licensing) Act 1998, or(e) who is not the holder of any such licence, but:(i) who has satisfied the Authority, by the production of a certificate from a medical practitioner, that the person is not medically fit to drive a vehicle, or(ii) who has otherwise satisfied the Authority that the person should be treated as an eligible pensioner for the purposes of this Regulation.eligible vehicle means a vehicle that is eligible for registration in accordance with clause 7.
emergency brake means a brake designed to be used if a service brake fails.
emergency vehicle means:
(a) any vehicle apparently carrying a member of the Police Service on urgent duty, or(b) any fire engine, reel or other vehicle apparently proceeding in the charge of a fire fighter to a fire or other emergency, or(c) any ambulance vehicle apparently proceeding to the scene of an accident or to a hospital with an injured person or apparently conveying, or apparently proceeding to any place to convey, a person who is seriously ill, or(d) any Red Cross vehicle apparently carrying blood for an urgent transfusion.examiner’s authority means an authority in force under clause 63.
fifth wheel assembly means a device fitted to a prime mover or converter dolly to permit quick coupling and uncoupling of a semi-trailer and which provides for articulation of the resultant motor vehicle combination.
fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi-trailer), used with a prime mover, semi-trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.
forfeited vehicle means a registrable vehicle that is the subject of a forfeiture order of a Local Court made under section 27 of the Act.
forward-control passenger vehicle means a car having up to 9 seating positions (including the driver’s) and that has:
(a) the centre of the steering wheel in the forward quarter of the vehicle’s total length (including bumpers or over-riders if any), and(b) a gross vehicle weight not exceeding 3.5 tonnes, and(c) a total weight of passengers carried not less than half of the difference between the empty weight and the gross vehicle weight (the total weight being calculated at the rate of 68 kilograms per the maximum number of seating positions).front fog light means a light used to improve the illumination of the road in case of fog, snowfall, heavy rain or a dust storm.
glazing means material fitted to the front, sides, rear or interior of a vehicle, through which the driver or a passenger can obtain a view of the road, but does not include a coating added after manufacture of the material.
gross road train mass means the sum of the laden masses of each component vehicle comprising a road train.
ground clearance means the minimum distance to the ground from the underside of a vehicle excluding its tyres, wheels, wheel hubs, brake backing plates and flexible mudguards or mudflaps.
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 a towing vehicle.
hauling unit means a rigid vehicle or prime mover.
high-beam, in relation to a headlight or front fog light fitted to a vehicle, means that 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.
hire trailer means a trailer that is hired for a fee or other consideration.
Hire Trailer Maintenance Management Accreditation Scheme means the scheme established by the Authority under Part 7 of Chapter 5.
identification plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth.
implement means a motor vehicle which comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.
independent braking system means a braking system which is operated entirely separately from any other braking system on the vehicle except that any drum, disc or part on which a shoe or band or friction pad makes contact may be common to more than one braking system.
inspect, in relation to a registrable vehicle, includes observe the vehicle’s performance, with or without the use of instrumentation.
inspection report, in relation to a registrable vehicle, means an inspection report issued under clause 63 for the vehicle.
jurisdiction means a State, the Australian Capital Territory or the Northern Territory, as the case requires.
left, in relation to a vehicle, means to the left of the centre of the vehicle when viewed by a person in the vehicle and facing towards the front of the vehicle.
light vehicle means a registrable vehicle that is not a heavy vehicle.
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 that 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:
(a) not higher than the centre of the headlight or fog light, when measured at a point 8 metres in front of the vehicle, and(b) not more than one metre higher than the level on which the vehicle is standing, when measured at a point 25 metres in front of the vehicle.A headlight in the low-beam positionNote.
See clause 10.7 (1) of the Appendix to Part 6 of Schedule 4 as to the application of the Appendix to vehicles with retractable axles.Maintenance Management Accreditation Scheme means a scheme under the Maintenance Management Module of the Heavy Vehicle Accreditation Scheme that is approved by the Authority.
major defect notice—see clause 77 (1) (a).
minor defect notice—see clause 77 (1) (b).
moped means a motor bike or trike with an engine cylinder capacity of not over 50 millimetres and a maximum speed of not over 50 kilometres an hour.
motor bike means a motor vehicle with 2 wheels, and includes a 2 wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.
motor lorry means any motor vehicle (whether or not in combination with any trailer) that is constructed principally for the conveyance of goods or merchandise or for the conveyance of any kind of materials used in any trade, business or industry, or for use in any work whatsoever other than the conveyance of persons, but does not include a motor bike or a tractor.
motor registry means a place at which registration of a registrable vehicle can be effected by or on behalf of the Authority.
motor trike means a motor vehicle with 3 wheels, but does not include a 2 wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.
motor vehicle combination means a hauling unit with one or more trailers attached.
mourning coach means any motor vehicle that is owned and operated by a person who is carrying on a business of directing funerals and that is, except when used for private purposes, used only for conveying mourners to and from funeral services and functions related to such services.
mudguard means a fitting or device, with or without a mudflap, which is built and fitted to a vehicle in a way that will, as far as practicable, catch or deflect downwards any stone, mud, water or other substance thrown up by the rotation of the wheel for which the fitting or device is provided.
national standard means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth.
nominated configuration means the configuration in which a registrable vehicle will operate for the registration period, as nominated by the registered operator.
nominated vehicle, in relation to a Maintenance Management Accreditation Scheme, means a vehicle identified in a registered operator’s accreditation under such a scheme as a nominated vehicle for the purposes of that accreditation.
nominated vehicle, in relation to the Hire Trailer Maintenance Management Accreditation Scheme, means a hire trailer that is a heavy vehicle and that is identified in a registered operator’s accreditation under the Scheme as a nominated vehicle for the purposes of that accreditation.
Non-national Maintenance Scheme means a maintenance management accreditation scheme developed by a body or organisation other than the National Road Transport Commission or the National Transport Commission.
operations plate means a plate installed on a registrable vehicle in accordance with clause 60 (2).
owner, in relation to a vehicle, means:
(a) a person in whose name the vehicle is registered under a Commonwealth, State or Territory Act, or(b) a person who, according to the vehicle registration authority’s records, has acquired the vehicle from the person in whose name the vehicle is registered under the relevant Act, or(c) if the vehicle is not registered—a person to whom a mark, plate, or permit has been issued to allow the vehicle to be used, or(d) a person who is entitled to the possession of the vehicle.penalty notice means a penalty notice served on a person under Division 1 of Part 3 of the Road Transport (General) Act 1999.
personally imported vehicle means a vehicle that is imported into Australia by a person who:
(a) owned and used the vehicle for the period determined in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth before it was imported into Australia, and(b) when the vehicle was imported into Australia, was:(i) an Australian citizen or permanent resident or a person who had applied to become an Australian citizen or permanent resident, and(ii) old enough to hold a licence or permit to drive the vehicle, and(c) within the previous 12 months, had not imported into Australia another vehicle owned by the person.pig trailer means a trailer fitted with no axle group other than one non-steerable axle group.
plate holder—see clause 18.
point of articulation means:
(a) the axis of a kingpin for a fifth wheel, or(b) the vertical axis of rotation of a fifth wheel coupling, or(c) the vertical axis of rotation of a turntable assembly, or(d) the vertical axis of rotation of the front axle group or single axle of a dog trailer, or(e) the coupling pivot point of a semi-trailer.Articulation—fifth wheel on a prime moverPoint of articulation—kingpin for fifth wheelPoint of articulation—fifth wheel coupling on a converter dolly (forming the front axle group of a dog trailer)pole-type trailer or pole trailer means a trailer that:
(a) is attached to a towing vehicle by means of a pole or an attachment fitted to the 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.Pole-type trailerpolice vehicle means a vehicle driven by:
(a) a member or special member of the Australian Federal Police, or(b) a member, however described, of the Police Force of a State or Territory, oracting in the course of his or her duty.(c) a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth,prime mover means a motor vehicle built to tow a semi-trailer.
private hire car means a motor vehicle, other than a bus, that does not ply or stand for hire in a public street but is used for the conveyance of passengers for reward.
proprietor’s authority means an authority in force under clause 64.
public passenger vehicle means a registrable vehicle that is constructed principally for the conveyance of passengers and that is:
(a) used for conveying passengers for hire or reward, or(b) equipped to seat more than 8 adults, including the driver, and is used for conveying passengers in the course of trade or business.public utility service vehicle means a vehicle being used by a public authority or statutory body in connection with the supply of water, gas, electricity or the like or to remove garbage.
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 fog light means a light used on a vehicle to make it more easily visible from the rear in dense fog.
rear overhang, of a vehicle, means the distance between the rear overhang line and the rear of the vehicle.
rear overhang line 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, decided without regard to the presence of any steerable axle unless all axles in the group are steerable.Rear overhang and rear overhang line—motor vehicleRear overhang and rear overhang line—semi-trailerRear overhang and rear overhang line—vehicle with tri-axle group at rearregistration charge—see clause 81 (1).
registration label means a registration label issued under clause 17.
registration number means a number referred to in clause 20 (1).
regular passenger service has the same meaning as in the Passenger Transport Act 1990.
repeater horn means a device which makes a sound alternating between different tones or frequencies on a regular time cycle.
restored vehicle means a vehicle that is being or has been restored to its manufacturer’s specifications, so far as it is reasonably practicable to meet those specifications.
retractable axle means an axle with a means of adjustment enabling it to be raised or lowered relative to the other axles in the axle group.
Note.
See clause 10.7 (1) of the Appendix to Part 6 of Schedule 4 as to the application of the Appendix to vehicles with retractable axles.right, in relation to a vehicle, means to the right of the centre of the vehicle when viewed by a person in the vehicle and facing towards the front of the vehicle.
road tank vehicle means has the same meaning as in the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.
road train means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer a converter dolly supporting a semi-trailer).
Road trainsafety risk means danger to a person, to property or to the environment.
seasonal vehicle means a registrable vehicle used during part of the year only and of a type approved by the Authority for seasonal use.
seat belt means a belt or similar device that is fitted to a motor vehicle and designed to restrain or limit the movement of a person who is seated in the vehicle and wearing the belt or device, if the vehicle suddenly accelerates or decelerates.
seat belt anchorage point means the part of a motor vehicle which is designed to secure a seat belt to the motor vehicle.
second edition ADR means a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicle Safety, Second Edition originally published by the then Commonwealth Department of Transport.
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.
semi-trailer means a trailer (including a pole-type trailer) that has:
(a) one axle group or single axle towards the rear, and(b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.service brake means the brake normally used to decelerate a vehicle.
sidecar means any car, box or other receptacle attached to the side of a motor bike and for the carriage of which a third wheel is provided.
side marker light means a light which, when lighted, is visible from the side of the vehicle on which it is affixed.
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 metre.
special number-plate means a number-plate with a number that is comprised of:
(a) one to 6 letters only, or(b) one to 6 numbers only, or(c) a combination of one or more letters with one or more numbers, being a combination that does not exceed 6 letters and numbers, and(i) that is not routinely issued by the Authority, or(ii) that the Authority has determined should be treated as a special number.spring brake means a brake using one or more springs to store the energy required to operate the brake.
stamp duty legislation means the provisions of the Stamp Duties Act 1920 and the Duties Act 1997 relating to the payment of duty on the registration or transfer of registration of a motor vehicle, trailer or other registrable vehicle.
Standards Association of Australia means the Association of that name incorporated under Royal Charter.
station waggon means a motor vehicle:
(a) in which such part of the body form as is adjacent to and forward of the front seat or seats, and the greater part of the mechanical equipment, are the same or substantially the same as in a car of the same make, and(b) in which the body is carried without significant reduction in height from the front seat or seats to, or substantially towards, the rear of the vehicle, and(c) that has an entrance at the rear suitable for the loading and unloading of goods, and(d) that is manufactured with a rear seat or seats which can be folded or removed readily to provide additional floor space for the carriage of goods, and(e) that, when the seat or seats immediately to the rear of the front seat or seats are in position for the accommodation of persons, has a substantial space for the carriage of goods in proportion to the overall size of the interior of the vehicle.steerable axle means an axle the wheels of which are connected to a steering mechanism for the vehicle.
street vending vehicle means a motor vehicle or trailer used for the hawking of ice cream (including any form of frozen confection containing ice cream, flavoured ice, fruit-ice, water-ice or a substitute for ice cream) or chocolates, sweets or other confectionery.
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 metre, but not more than 2 metres.
tandem driven axle group means a tandem axle group of a vehicle in which both axles of the axle group are connected to, and driven by, the engine of the vehicle.
taxi-cab means a motor vehicle (other than a bus) that plies or stands in a road or road related area for hire for the conveyance of passengers.
the Act means the Road Transport (Vehicle Registration) Act 1997.
third edition ADR means a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicle and Trailers, Third Edition published by the Federal Office of Road Safety of the Commonwealth Department of Transport and Regional Development.
third party insurance legislation means the provisions of the Motor Accidents Act 1988 relating to:
(a) compensation in respect of third parties who are injured or killed by the use of motor vehicles or trailers, or(b) payment of contributions towards compensation of that kind.tow coupling means a mechanical assembly by means of which a flexible connection is effected between 2 component vehicles of a motor vehicle combination.
tow coupling overhang means the horizontal distance from the centre of the axle group, or the centre line of the single axle, at the rear of a vehicle to the pivot point of the coupling near the rear of the vehicle.
Tow coupling overhang—motor vehicleTow coupling overhang—dog trailerTow coupling overhang—semi-trailer with extra coupling at reartow truck means a motor lorry used for towing broken down or damaged vehicles and which comprises or has permanently affixed to it a crane or similar apparatus for lifting a vehicle partially clear of the ground and is equipped to maintain it in such a position whilst towing it and includes a tow truck within the meaning of the Tow Truck Act 1989.
tow truck operator has the same meaning as it has in the Tow Truck Act 1989.
tractor means any motor vehicle constructed principally for the purpose of supplying motive power for machinery or of hauling any vehicle, but which is not capable of carrying any loading (other than tools, spare parts, fuel, water, oil, or other accessories necessary for use in connection with the vehicle) or any part of the weight of a vehicle being drawn or its loading.
trader means a person who is entitled to hold a trader’s plate.
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 metres, but not more than 3.2 metres.
turntable means a bearing that is built to carry vertical and horizontal loads, but does not allow quick separation of its upper and lower rotating elements, and that is used to connect and allow articulation between:
(a) a prime mover and a semi-trailer, or(b) the steering axle or axle group of a dog trailer and the body of the trailer, or(c) a fifth wheel coupling and the vehicle to which it is mounted.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 metre, but not more than 2 metres.Twinsteer axle group on a motor vehiclevacuum brakes means vacuum-operated or vacuum-assisted brakes.
vehicle defect notice means a defect notice referred to in section 26 (2) (a) of the Act.
vehicle inspection station means a place operated by the Authority for the purpose of determining whether registrable vehicles comply with the applicable vehicle standards for the vehicles.
vehicle registration authority, in relation to a vehicle, means:
(a) the authority that last registered the vehicle, or(b) if the vehicle has never been registered—the authority responsible for registering vehicles in the jurisdiction in which the vehicle is used or is intended to be used.VIN means the Vehicle Identification Number allocated in accordance with the ADRs.
vehicle number-plate—see clause 18.
wedding car means any motor vehicle that is, except when used for private purposes, used only for conveying people to and from weddings and functions related to weddings.
windscreen means the main front windscreen and does not include any wind deflector or other subsidiary windscreen.
yellow includes amber.
20 metre double combination means a road train consisting of an articulated vehicle hauling one trailer, the overall length of which does not exceed 20 m.
50 millimetre kingpin means a kingpin meeting the dimension requirements for a 50 millimetre kingpin in Australian Standard AS 2175–1990 “Articulated Vehicles Kingpins”.
75 millimetre kingpin means a kingpin with the dimensions specified in clause 9.10 (4) of the Appendix to Part 6 of Schedule 4.
90 millimetre kingpin means a kingpin meeting the dimension requirements for a 90 millimetre kingpin in Australian Standard AS 2175–1990 “Articulated Vehicles Kingpins”.
2 Other expressions
In this Regulation, a reference to a tow truck is a reference to a tow truck operated or proposed to be operated by a tow truck operator.
Historical notes
| Am | amended | LW | legislation website | Sch | Schedule |
| Cl | clause | No | number | Schs | Schedules |
| Cll | clauses | p | page | Sec | section |
| Div | Division | pp | pages | Secs | sections |
| Divs | Divisions | Reg | Regulation | Subdiv | Subdivision |
| GG | Government Gazette | Regs | Regulations | Subdivs | Subdivisions |
| Ins | inserted | Rep | repealed | Subst | substituted |
Road Transport (Vehicle Registration) Regulation 1998 published in Gazette No 97 of 26.6.1998, p 4547 and amended in Gazettes No 126 of 28.8.1998, p 6864, No 158 of 6.11.1998, p 8695, No 25 of 26.2.1999, p 1293, No 27 of 5.3.1999, p 1749, No 63 of 28.5.1999, p 3657, No 72 of 25.6.1999, p 4260, by Act No 19, 1999, in Gazette No 133 of 26.11.1999, pp 11434, 11441 and as follows:
Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2000 (GG No 81 of 30.6.2000, p 5715)
Road Transport (Vehicle Registration) Amendment (Miscellaneous) Regulation 2000 (GG No 81 of 30.6.2000, p 5722)
Rural Fires Amendment Act 2000 No 104. Assented to 13.12.2000. Date of commencement of Sch 2, 5.2.2001, sec 2 and GG No 34 of 2.2.2001, p 440.
Road Transport (Vehicle Registration) Amendment (Number-plates) Regulation 2000 (GG No 170 of 29.12.2000, p 13955)
Business Licences Repeal and Miscellaneous Amendments Act 2001 No 3. Assented to 4.4.2001. Date of commencement, 1.7.2001, sec 2 and GG No 97 of 15.6.2001, p 3653.
Road Transport (Vehicle Registration) Amendment (Maintenance Management Accreditation Scheme) Regulation 2001 (GG No 67 of 12.4.2001, p 1871)
Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2001 (GG No 103 of 29.6.2001, p 4956)
Road Transport (Vehicle Registration) Amendment (Hire Trailer Maintenance Management Accreditation Scheme) Regulation 2001 (GG No 156 of 12.10.2001, p 8526)
Road Transport (Vehicle Registration) Amendment (Flashing Headlights) Regulation 2001 (GG No 188 of 7.12.2001, p 9615)
Road Transport (Vehicle Registration) Amendment (Fees) Regulation (No 2) 2001 (GG No 196 of 21.12.2001, p 10631)
Road Transport (Vehicle Registration) Amendment (Traffic Management) Regulation 2001 (GG No 196 of 21.12.2001, p 10639)
Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2002 (GG No 106 of 28.6.2002, p 4879.
Miscellaneous Acts Amendment (Relationships) Act 2002 No 73. Assented to 1.10.2002. Date of commencement, 1.11.2002, sec 2 and GG No 201 of 1.11.2002, p 9302.
Road Transport (Vehicle Registration) Amendment (Exemptions) Regulation 2002 (GG No 237 of 29.11.2002, p 10118)
Road Transport (Vehicle Registration) Amendment Act 2002 No 126. Assented to 16.12.2002. Date of commencement, 31.1.2003, sec 2 and GG No 33 of 31.1.2003, p 598.
Road Transport (Vehicle Registration) Amendment (Motor Vehicle Frontal Protection Systems) Regulation 2002 (GG No 263 of 20.12.2002, p 10832)
Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2003 (GG No 104 of 27.6.2003, p 6285)
Road Transport (Vehicle Registration) Amendment (Inspection) Regulation 2003 (GG No 185 of 21.11.2003, p 10646)
Road Transport (Vehicle Registration) Amendment (Lights) Regulation 2004 (GG No 77 of 30.4.2004, p 2247)
Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2004 (GG No 110 of 1.7.2004, p 4902)
Statute Law (Miscellaneous Provisions) Act 2004 No 55. Assented to 6.7.2004. Date of commencement of Sch 1.35, assent, sec 2 (2).
Road Transport (Vehicle Registration) Amendment (Trader’s Plates) Regulation 2004 (GG No 200 of 17.12.2004, p 9372)
Road Transport (Vehicle Registration) Amendment (State Emergency Service Vehicles) Regulation 2005 (GG No 34 of 18.3.2005, p 788)
2005 | (313) | Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2005. GG No 81 of 1.7.2005, p 3362. |
Table of amendments
Cl 11 | Am 28.5.1999; 26.11.1999. |
Cl 17 | Am 26.11.1999. |
Cl 18 | Am 29.12.2000. |
Cl 20 | Am 21.12.2001. |
Cl 21 | Subst 29.12.2000. |
Cl 22 | Am 26.11.1999. |
Cl 23 | Am 26.11.1999; 29.12.2000. |
Cl 24 | Am 30.4.2004. |
Cll 27–29 | Am 21.12.2001. |
Cll 32, 34 | Am 26.11.1999. |
Cl 36 | Am 28.8.1998. |
Cl 40 | Am 26.11.1999. |
Cl 42 | Am 1999 No 19, Sch 3.25 [1]. |
Cl 43 | Am 1999 No 19, Sch 3.25 [2]. |
Cl 45 | Am 17.12.2004. |
Cll 46, 47 | Rep 17.12.2004. |
Cl 48 | Subst 17.12.2004. |
Cl 49 | Rep 17.12.2004. |
Cl 50 | Am 17.12.2004. |
Cl 51 | Rep 17.12.2004. |
Cl 52 | Am 26.11.1999. |
Cl 54 | Subst 17.12.2004. |
Cl 55 | Am 17.12.2004. |
Cl 57 | Am 26.11.1999. |
Cl 58 | Am 12.4.2001; 12.10.2001. |
Cl 61 | Am 30.6.2000; 21.11.2003. |
Cl 62 | Am 6.11.1998. Subst 21.11.2003. |
Cl 63 | Am 5.3.1999. |
Cl 64 | Am 5.3.1999; 2001 No 3, Sch 1.5 [1]–[3]. |
Cll 65, 67 | Am 5.3.1999. |
Cl 69 | Am 30.6.2000; 2001 No 3, Sch 1.5 [4] [5]. |
Cll 70, 71 | Rep 30.6.2000. |
Cl 75, note | Subst 1999 No 19, Sch 3.25 [3]. |
Chapter 5, Part 6 | Ins 12.4.2001. |
Cll 78A, 78B | Ins 12.4.2001. |
Cl 78C (previously cl 79C) | Ins 12.4.2001. Renumbered 12.10.2001. |
Cll 78D, 78E | Ins 12.4.2001. Am 12.10.2001. |
Chapter 5, Part 7 (cll 78F–78K) | Ins 12.10.2001. |
Cl 79 | Am 30.6.2000; 21.11.2003. |
Cl 80 | Am 28.5.1999. |
Cl 82 | Am 2002 No 73, Sch 1.23 [1] [2]. |
Cl 83A | Ins 26.11.1999. |
Cl 83B | Ins 12.4.2001. |
Cl 83C | Ins 12.10.2001. |
Cl 84 | Am 26.11.1999; 2002 No 126, Sch 3.2. |
Cl 85 | Am 26.11.1999. |
Cl 91A | Ins 26.11.1999. |
Cll 93, 94 | Rep 26.11.1999. |
Sch 1 | Am 26.2.1999; 1999 No 19, Sch 3.25 [4]; 26.11.1999; 2000 No 104, Sch 2.1; 29.11.2002. |
Sch 2 | Am 6.11.1998. Subst 25.6.1999; 30.6.2000. Am 12.4.2001. Subst 29.6.2001. Am 12.10.2001; 21.12.2001. Subst 28.6.2002; 27.6.2003; 21.11.2003; 1.7.2004. Am 17.12.2004. Subst 2005 (313), Sch 1. |
Sch 4 | Subst 26.11.1999. Am 30.6.2000; 7.12.2001; 21.12.2001; 20.12.2002; 30.4.2004; 2004 No 55, Sch 1.35 [1] [2]; 18.3.2005. |
Sch 5 | Am 5.3.1999. Rep 26.11.1999. |
Sch 6 | Am 6.11.1998; 17.12.2004. |
Dictionary | Am 1999 No 19, Sch 3.25 [5]–[7]; 26.11.1999; 30.6.2000; 12.4.2001; 12.10.2001; 2004 No 55, Sch 1.35 [3]–[5]; 17.12.2004. |
The whole Regulation (other than the definition of “motor cycle” in the Dictionary) | Am 26.11.1999 (“motor cycle” and “motor cycles” omitted wherever occurring, “motor bike” and “motor bikes” inserted instead respectively). |
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