Road Transport (Vehicle Registration) Regulation 2007 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Road Transport (Vehicle Registration) Regulation 2007.

2Commencement

This Regulation commences on 1 November 2007.

3Definitions(1)

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.

(2)

Notes included in this Regulation do not form part of this Regulation.

(Repealed)

Part 2Registration processDivision 1Eligibility for registration5Registered operator of registrable vehicle(1)

A person is eligible to be a registered operator of a registrable vehicle if that person is:

(a)
an individual who has attained the requisite age, or
(b)
a corporation.

(2)

Despite subclause (1), the Authority may record in the Register that an individual is a registered operator of a registrable vehicle even though the individual has not attained the requisite age if it is satisfied that it is appropriate to do so. Any such individual 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 16 years of age.

6Eligible 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 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.

Division 2Applications for registration7Who may apply for registration?(1)

Application for registration of a registrable vehicle may be made by a person who is eligible to be a registered operator of a registrable vehicle or the agent of such a person.

(2)–(4)

(Repealed)

(5)

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 for each person seeking registration as a registered operator.

8Form 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 home address of each person 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 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 person on the Register as a registered operator of the vehicle.

Note—

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

9Supporting evidence(1)

The Authority may request an applicant for registration of a registrable vehicle to submit evidence, in a form approved by 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.

(2)

In addition to the evidence that may be required under subclause (1), the Authority may request an applicant for registration of a registrable vehicle that has a vehicle identifier that is the same as the vehicle identifier of a vehicle recorded on the NSW written-off vehicles register to submit any of the following evidence:

(a)
a valid receipt for any repairs made to the vehicle,
(b)
if the vehicle was repaired using a part of another vehicle—a valid receipt for the purchase of that part, being a receipt that contains the vehicle identifier of the other vehicle,
(c)
any other information specified by the Authority.

(3)

In this clause:

valid receipt means a receipt:

(a)
that is an original document, and
(b)
that contains the name and Australian Business Number of the relevant repairer or trader, and
(c)
that is dated, and
(d)
that contains such other information as may be required by the Authority.

10Lodgment 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 duty legislation and the relevant registration charge applicable to the vehicle and the applicable fee for registration of the vehicle.

(2)

In addition to any applicable fee for the registration of the vehicle, the applicant must also submit to the Authority payment of any applicable fee for the issue of number-plates.

(3)

An eligible pensioner is not required to pay any applicable fee for the registration of a vehicle.

(4)

An applicant is not required to pay any applicable fee in relation to a vehicle 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, terrorist act, accident, epidemic or warlike action) which:

(a)
endangers, or threatens to endanger, the safety or health of persons or animals in the State, or
(b)
destroys or damages, or threatens to destroy or damage, property in the State,

being an emergency which requires a significant and co-ordinated response.

11Duration of registration(1)

An applicant for registration of a registrable vehicle must nominate one of the following periods:

(a)
if the applicant is seeking to register a registrable vehicle (other than a seasonal vehicle):
- (i)
  3 months, or
- (ii)
  6 months, or
- (iii)
  one year,
(b)
(Repealed)
(c)
if the applicant is seeking to register a seasonal vehicle—the period for which registration is sought.

(2)

Despite subclause (1), an applicant may nominate, and the Authority may approve, a different period of registration for any light vehicle 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.

12Determination 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
(f1)
a court has made an order under section 598 (3) of the Heavy Vehicle National Law in relation to the heavy vehicle for a stated period and the period has not expired, or
(g)
the Authority is, for any reason whatsoever, 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.

13Conditional 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.

Division 3The Register14Maintenance of the Registers(1)

If the Authority registers a registrable vehicle it must record in the Register, in respect of the vehicle:

(a)
if the vehicle is not a transitional registrable vehicle (within the meaning of section 64 of the Act)—the name, home address and the address for the service of notices (if any) of the registered operator, and
(a1)
if the vehicle is a transitional registrable vehicle (within the meaning of section 64 of the Act)—the name, home address and the address for the service of notices (if any) of each of the registered operators.
(b)
the identification details of the vehicle, and
(c)
the vehicle’s garage address, and
(d)
(Repealed)
(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 home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

(2)

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.

(2A)

The Authority must record details of any finding of guilt under section 243 of the Act in the Register or another register kept by the Authority.

(3)

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 or this Regulation unless the Authority is satisfied that the information is false.

(4)

The Authority may require evidence in a form acceptable to the Authority verifying that the changes referred to in subclause (3) are correct.

(5)

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)

A registered operator of a registrable vehicle is entitled to request a search of the Register or other register kept under subclause (2A), and to obtain a certificate as to any matter (subject to subclause (7)) appearing in the Register or other register kept under subclause (2A), in respect of the vehicle, on payment of any applicable fee for the search.

Note—

Personal information contained in the Register or other register kept under subclause (2A) is subject to the Privacy and Personal Information Protection Act 1998.

(7)

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.

(8)

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.

(9)

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.

Division 3ARelease of information by Authority14ARelease of information in Register to toll operators(1)

The Authority may enter into an agreement with a toll operator (a registration information disclosure agreement) that provides for the release to the toll operator of registration information with respect to a registrable vehicle.

(2)

The Authority must consult with the Privacy Commissioner before entering into a registration information disclosure agreement.

(3)

The Authority is authorised to release registration information in the Register in accordance with a registration information disclosure agreement.

(4)

A registration information disclosure agreement may provide for the payment of fees by a toll operator to the Authority in connection with the agreement, including fees for the release of information in accordance with the agreement.

(5)

In this clause:

registration information, with respect to a registrable vehicle, means the following information recorded in the Register:

(a)
the name, residential address and address for the service of notices (if any) of any registered operator of the vehicle, and
(b)
the identification details of the vehicle.

toll operator means a toll operator under the Roads Act 1993, other than the Authority.

14BRelease of information of a personal nature(1)

Section 64 (3) of the Act does not prevent the release of information contained in the Register that is of a personal nature unless the privacy legislation would also prevent the particular release.

(2)

In this clause:

privacy legislation means the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 and any regulations or codes of practice under either of those Acts.

14CRelease of information to Austroads(1)

The Authority is authorised to release any information in the Register to Austroads for the purposes of the National Exchange of Vehicle and Driver Information System.

(2)

In this clause:

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

14DRelease of information in Register to CTP insurers(1)

The Authority may enter into an agreement with a CTP insurer (a CTP insurer registration information disclosure agreement) that provides for the release to the CTP insurer of the relevant information about a registrable vehicle in connection with the issue by that CTP insurer of a third-party policy in respect of the vehicle (including the provision of a quote for the issue of such a policy).

(2)

The Authority is authorised to release relevant information in accordance with a CTP insurer registration information disclosure agreement.

(3)

A CTP insurer registration information disclosure agreement may provide for the payment of fees by a CTP insurer to the Authority in connection with the agreement, including fees for the release of relevant information in accordance with the agreement.

(4)

In this clause:

CTP insurer means a licensed insurer under the Motor Accidents Compensation Act 1999.

relevant information, with respect to a registered vehicle, means the following information:

(a)
any information recorded on the Register,
(b)
the date of birth of any registered operator or proposed registered operator of the vehicle.

third-party policy means a third-party policy of insurance as defined under the Motor Accidents Compensation Act 1999.

14ERelease of information for searches(1)

The Authority is authorised to release vehicle information as part of the operation of a service that allows any person to conduct a search of information about the registration of a motor vehicle, whether or not for payment, including, but not limited to:

(a)
the online service known as “Free registration check report” provided by the Authority,
(b)
the computer program designed to run on a smartphone or other mobile device known as the “Service NSW App”,
(c)
the online service known as the “Vehicle history report” provided by the Authority.

(2)

In this clause:

CTP insurer means a licensed insurer under the Motor Accidents Compensation Act 1999.

vehicle information, with respect to a registrable vehicle, means the following information:

(a)
the registration number of the vehicle,
(b)
the month and year of manufacture of the vehicle,
(c)
the colour of the vehicle,
(d)
the make and model of the vehicle,
(e)
the variant of the vehicle,
(f)
the shape of the vehicle,
(g)
the last 4 characters of the vehicle identification number or chassis number of the vehicle,
(h)
the tare weight of the vehicle,
(i)
the gross vehicle mass of the vehicle,
(j)
the registration status of the vehicle (that is, whether it is current, cancelled or suspended),
(k)
the date on which the registration of the vehicle will expire,
(l)
whether a registration concession applies to the vehicle,
(m)
whether a registration restriction applies to the vehicle,
(n)
the date of first registration of the vehicle in New South Wales,
(o)
the written-off vehicle status of the vehicle,
(p)
the stolen vehicle status of the vehicle,
(q)
the odometer reading of the vehicle,
(r)
the number of current and previous New South Wales registered operators of the vehicle,
(s)
the registration usage history, including the usage type and period of use of the vehicle,
(t)
the last 4 characters of the engine number of the vehicle,
(u)
the third-party policy of insurance (as defined under the Motor Accidents Compensation Act 1999) applying to the vehicle and its end date,

(v)
the name of the CTP insurer of the vehicle,
(w)
the code of the CTP insurer of the vehicle.

14FRelease of information in Register to Centrelink to verify concession entitlements(1)

The Authority is authorised to release to Centrelink the relevant details of the registered operator of a registrable vehicle, or a person who has applied to be the registered operator of a registrable vehicle, for the purposes only of verifying whether or not the registered operator or proposed registered operator is eligible for a concession.

(2)

In this clause:

Centrelink includes any Commonwealth body that takes over the function of Centrelink.

relevant details of a person means the following details:

(a)
the person’s name,
(b)
the person’s date of birth,
(c)
the customer reference number assigned to the person by Centrelink or the Commonwealth Department of Veterans’ Affairs.

14GRelease of information in Register to SIRA(1)

The Authority may enter into an agreement with SIRA (a SIRA registration information disclosure agreement) that provides for the release to SIRA of the relevant information with respect to a registrable vehicle for the purpose of enabling SIRA to exercise the functions conferred on it by section 24 of the State Insurance and Care Governance Act 2015.

(2)

The Authority is authorised to release the relevant information in accordance with the SIRA registration information disclosure agreement.

(3)

A SIRA registration information disclosure agreement may provide for the payment of fees by SIRA to the Authority in connection with the agreement, including fees for the release of relevant information in accordance with the agreement.

(4)

In this clause:

SIRA means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015.

relevant information, with respect to a registrable vehicle, means the following information:

(a)
any information recorded on the Register,
(b)
the date of birth of any registered operator or former registered operator of the vehicle.

Division 4Registration documents15Certificates 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 for the purposes of Schedule 2 to the Act, 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, and
(m)
if the vehicle was first recorded on the register of written-off vehicles kept under Part 2AA of the former Road Transport (Vehicle Registration) Act 1997 or on the NSW written-off vehicles register at some time on or after 31 January 2011—the fact that the vehicle is recorded on the NSW written-off vehicles register.

(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 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 Part 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.

(5)

Subclause (1) (m) does not apply to a certificate of registration issued before 31 January 2013.

16Registration labels for certain registrable vehicles(1)

If the Authority registers a heavy vehicle, or conditionally registers any 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—a code indicating that the vehicle is conditionally registered, 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 for the purposes of Part 2A of the Act 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 registered operator will receive full written explanation of the conditions applying to the vehicle when the registration label is issued.

In relation to subclause (2) (a) (ix), a list of codes is available from the Authority.

(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)

On payment of any applicable fee, the Authority may issue a replacement registration label to the person in whose name a registrable vehicle is registered if the Authority is satisfied that the original registration label is lost, stolen, damaged or destroyed.

16AReplacement of registration documents(1)

The Authority may, at any time, issue a replacement certificate of registration for a registered vehicle if the Authority is satisfied that the expiry date of the vehicle’s registration recorded on the Register is different to the expiry date included in the certificate of registration.

Note—

Clause 15 (3) provides for the replacement of a certificate of registration that has been lost, stolen, damaged or destroyed on the payment of the applicable fee.

(1A)

The Authority may, at any time, issue a replacement registration label for a registered vehicle that the Authority is required to issue a registration label in respect of if the Authority is satisfied that the expiry date of the vehicle’s registration recorded on the Register is different to the expiry date included in the registration label.

Note—

Clause 16 (6) provides for the replacement of a registration label that has been lost, stolen, damaged or destroyed on the payment of the applicable fee.

(2)

If the Authority issues a new certificate of registration or registration label under this clause, the registered operator of the vehicle must:

(a)
destroy the certificate of registration or registration label, or both, that is or are being replaced, or
(b)
if required to do so by written notice from the Authority, return the certificate of registration or registration label, or both, to the Authority (or an agent nominated by the Authority) before the date specified in the notice for that purpose.

Maximum penalty: 20 penalty units.

(3)

Despite subclause (2), a registered operator is not required to return to the Authority a certificate of registration or registration label that has been destroyed before the notice was issued under subclause (2) (b).

Division 5Number-platesSubdivision 1Interpretation17Definition

In this Division:

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
(b)
in the case of a special number-plate—the person to whom the special number-plate is issued pursuant to the special number-plate arrangements referred to in clause 20, or
(c)
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.

18Application of Division to trader’s plates

This Division (except Subdivision 4) does not apply to trader’s plates.

Note—

Division 2 of Part 4 provides for the issue and use of trader’s plates.

Subdivision 2Issue of number-plates19Number-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 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 determines and must display the matter “NSW” or the words “New South Wales”, and such other words or matter as may be determined:

(a)
by the Authority with the consent of the Minister in the case of standard number-plates, or
(b)
by the Authority in the case of special number-plates.

20Special number-plates(1)

The Authority may issue special number-plates to a person pursuant to arrangements determined by the Authority (referred to in this Division as the special number-plate arrangements).

(2)

Special number-plates may be issued to a person for a motor vehicle registered by the Authority (to display the distinguishing registration number assigned to the vehicle) or independently of vehicle registration. Special number-plates issued independently of vehicle registration must be kept in the possession of the Authority, unless the Authority otherwise determines in a particular case or class of cases.

(3)

The Authority may set the fees, charges and consideration to be paid for or in connection with the issue of special number-plates and other services provided by the Authority in connection with the issue of special number-plates. However, any such fee, charge or consideration cannot be set in relation to a matter for which a fee is prescribed by Schedule 3.

(4)

The special number-plate arrangements can include provision for the following:

(a)
the terms and conditions under which special number-plates are issued and the rights and obligations of plate holders in respect of special number-plates,
(b)
the arrangements under which special number-plates issued independently of vehicle registration are to be held in the possession of the Authority (including requirements for the payment of additional fees and charges in connection with that service),
(c)
providing for the consideration to be paid for or in connection with the issue of a special number-plate to be determined by auction, tender or other competitive process,
(d)
the issue of replica or souvenir versions of special number-plates,
(e)
requiring an agreement to be entered into for the issue of special number-plates (being an agreement between the Authority and a person for or in connection with the issue to the person of special number-plates).

(5)

The required agreement for the issue of special number-plates can include provision for the following:

(a)
the terms and conditions under which a special number-plate is issued and the rights and obligations of the plate holder in respect of a special number-plate,
(b)
requiring payment of the fees, charges and consideration that are payable under the special number-plate arrangements for or in connection with the issue of a special number-plate,
(c)
such other matters in connection with special number-plates as the Authority considers appropriate.

(6)

The requirements of the special number-plate arrangements are in addition to the other requirements of this Division relating to the issue of number-plates.

(7)

In this clause, issue a number-plate includes allocate, set aside, reserve, transfer and replace a number-plate.

21Auxiliary number-plates(1)

The Authority may, on the payment of the applicable fee, issue an auxiliary number-plate (in addition to any vehicle number-plates) bearing the registration number assigned to the motor vehicle for which it is issued.

Note—

Clause 19 requires the Authority to assign a distinguishing registration number to any motor vehicle that is registered (conditionally or otherwise) by the Authority. See clause 13 for conditional registration.

(2)

(Repealed)

(3)

An auxiliary number-plate cannot be issued for a motor bike or motor trike.

(4)

An auxiliary number-plate is to conform to such specifications as the Authority determines and must display the matter “NSW” or the words “New South Wales”, and such other words or matter as may be determined:

(a)
by the Authority with the consent of the Minister in the case of an auxiliary number-plate that is a standard number-plate, or
(b)
by the Authority in the case of an auxiliary number-plate that is a special number-plate.

(5), (6)

(Repealed)

21ADisplay of auxiliary number-plates(1)

An auxiliary number-plate must not be displayed unless the rear number-plate of the motor vehicle for which it is issued is obscured by:

(a)
an apparatus attached to the motor vehicle for use in transporting a bicycle, personal mobility device or motor bike, or
(b)
a trailer or caravan being towed by the motor vehicle, but only if the number-plate of the trailer or caravan is obstructed by an apparatus attached to the trailer or caravan for use in transporting a bicycle or personal mobility device, or
(c)
an implement, a vehicle exempted from registration or an unregistered registrable vehicle being towed by the motor vehicle, or
(d)
a trailer being towed by the motor vehicle for the conveyance of a boat, but only if the number-plate of the trailer is obscured by the boat.

(2), (3)

(Repealed)

22Authority may alter distinguishing number of registration(1)

The Authority may at any time alter the distinguishing number of the registration of a registrable vehicle or of a number-plate allocated, reserved or set aside by the Authority.

(2)

(Repealed)

(3)

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.

(4)

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 number-plate issued in respect of the vehicle.

(5)

A registered operator of a registrable vehicle must comply with any notice given to the registered operator under this clause.

Maximum penalty: 20 penalty units.

(6)

On receipt of a number-plate returned in accordance with the requirements of a notice given under this clause, 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.

22AAuthority may alter number-plate design(1)

The Authority may at any time alter the design of a number-plate issued by the Authority. The design of a number-plate includes the colour, layout, style and other characteristics of the appearance of a number-plate.

(2)

The Authority may give written notice to each registered operator of a vehicle requiring the registered operator to return to the Authority, within the period specified in the notice, any number-plate issued in respect of the vehicle that the Authority has decided to alter the design of.

(3)

A registered operator of a vehicle must comply with any notice given to the registered operator under this clause.

Maximum penalty: 20 penalty units.

(4)

The Authority alters the design of a number-plate by issuing a replacement number-plate with the altered design.

(5)

In this clause, issue a number-plate includes allocate, set aside and reserve a number-plate.

Subdivision 3Reservation, transfer and replacement of number-plates23Reservation of number-plates

The Authority may reserve a number-plate (or the distinguishing number for a number-plate) on payment of any applicable fee.

24Transfer of number-plates(1)

The Authority may transfer number-plates from one vehicle to another on payment of any applicable fee.

(2)

The Authority may transfer the reservation of a number-plate (or the distinguishing number for a number-plate) on payment of any applicable fee.

25Replacement of surrendered number-plates(1)

The Authority may on payment of any applicable fee issue a number-plate to replace an existing number-plate.

(2)

The content and style of a replacement number-plate may be the same as or different from the content and style of the existing number-plate.

(3)

If a replacement number-plate is issued for a registrable vehicle before an existing number-plate for the vehicle is surrendered, a registered operator of the vehicle must surrender any existing number-plate to the Authority within 14 days after the replacement number-plate is issued.

Maximum penalty: 20 penalty units.

Subdivision 4Damaged, destroyed or missing number-plates26Damaged number-plates(1)

The plate holder of a number-plate that has become damaged must surrender the damaged number-plate to the Authority as soon as reasonably practicable for replacement under clause 25.

(2)

The plate holder must at the same time also surrender any other number-plate with the same distinguishing number, unless the Authority otherwise approves in a particular case.

Maximum penalty: 20 penalty units.

27Lost, stolen or destroyed number-plates(1)

If any vehicle number-plate 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 with the same number unless it too has been lost, stolen or destroyed.

Maximum penalty: 20 penalty units.

(2)

If an auxiliary 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.

(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 fee for replacing a lost, stolen or destroyed number-plate.

(4)

The Authority may issue a new number-plate under clause 25 to replace a number-plate that has been lost, stolen or destroyed.

(5)

When the Authority issues a new number-plate to replace a number-plate that has been lost, stolen or destroyed, the new number plate must:

(a)
in the case of a vehicle number-plate—have a distinguishing number that is different from that of the number-plate it replaces, or
(b)
in the case of an auxiliary number-plate—have the same number as the number-plate it replaces,

unless the Authority otherwise approves in a particular case.

28Recovery of lost or stolen number-plates

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.

Subdivision 5General28AReturn of number-plates(1)

The Authority may, by written notice to a person who has possession of a number-plate issued by the Authority, direct the person to return the number-plate to the Authority.

(2)

A person must comply with a notice under this clause within the period specified in the notice.

Maximum penalty: 20 penalty units.

28BSpecial number-plate concession arrangements(1)

The Authority may use operational information or release operational information to the special number-plate concessionaire to facilitate the operation of the special number-plate concession concerned or any subsidiary arrangement.

(2)

A person who obtains operational information in the course of exercising functions under a special number-plate concession or a subsidiary arrangement must not make a record of or disclose the information except:

(a)
in the exercise of the person’s functions under or for the purposes of the special number-plate concession, or
(b)
with other lawful authority.

Maximum penalty: 20 penalty units.

(3)

The Authority may delegate any function of the Authority under this Division (except this power of delegation) to a special number-plate concessionaire.

(4)

In this clause:

operational information means any information obtained by the Authority in the exercise of any function of the Authority, including:

(a)
information in any register kept by the Authority, and
(b)
information that is of a personal nature or that has commercial sensitivity.

special number-plate concession means a commercial arrangement entered into by the Authority for the provision of marketing and other services to the Authority in connection with the issue of special number-plates.

special number-plate concessionaire means a person with whom the Authority enters into a special number-plate concession.

subsidiary arrangement means a commercial arrangement entered into by the special number-plate concessionaire in connection with a special number-plate concession.

28CPossession of number-plates(1)

A person is guilty of an offence if the person is in possession, without lawful excuse, of number-plates issued by or under the law of New South Wales or any other State or Territory.

Maximum penalty: 30 penalty units.

(2)

A person is guilty of an offence if the person is in possession, without lawful excuse, of number-plates that were not issued by or under the law of New South Wales or any other State or Territory but that could be mistaken for, or resemble, number-plates so issued.

Maximum penalty: 30 penalty units.

Division 6Renewal of registration29Notice 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.

30Renewal 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 relevant registration charge applicable to the vehicle and the applicable 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.

(1A)

However, the Authority may renew the registration of a vehicle if the registered operator is an eligible pensioner (who is not liable to pay any registration charge in relation to the vehicle), without the need for any application.

(2)

An applicant for renewal of registration of a registrable vehicle who is seeking to register the vehicle for a period that differs from the current registration period must nominate a period as if the application for renewal of registration were an application for registration.

(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 seasonal vehicle—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 seasonal vehicle—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 12 (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, and
(c)
the Authority requests by written notice the registered operator of the vehicle to return the number-plates of the vehicle,

the operator must return the number-plates to the Authority within the period specified in the notice.

Maximum penalty (subclause (8)): 20 penalty units.

Part 3Alteration of registration statusDivision 1General obligations of registered operators31Obligations of registered operators(1)

Each registered operator of a registered vehicle must ensure that the Authority is notified, 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 registered operator’s name, home address or address for service of notices.

Note—

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

(2)

The registered operator of a heavy vehicle that has been:

(a)
destroyed or declared by the operator to be a write-off, or
(b)
declared by an insurer to be a write-off,

must cause notification of those matters to be given to the Authority not more than 14 days after their occurrence.

(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 15 (1) (e)–(h), or
(b)
would incur liability for an additional charge under Schedule 2 to the Act or the Motor Vehicles Taxation Act 1988,

each registered operator of the vehicle must ensure that the vehicle is not used until after:

(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) in respect of a change referred to in subclause (3) (a) if the operator has already provided that information under clause 11 of Schedule 2 to the Act.

(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.

Maximum penalty: 20 penalty units.

Division 2Transfer of registration32Obligations 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 in respect of 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 42 days, or
(b)
make the report available to the other person, so that the report may be read by the other person.

Maximum penalty: 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: 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:
- (i)
  that has been, within the 42 days immediately preceding the offer or the sale, registered for the first time, or
- (ii)
  the registration of which has been renewed within those 42 days in accordance with this Regulation,
(b)
any person, in respect of an offer to sell, or the sale of, an examinable vehicle:
- (i)
  to a motor dealer, or
- (ii)
  at an auction conducted in accordance with section 57 or 59 of the Motor Dealers and Repairers Act 2013, or
- (iii)
  to a motor vehicle recycler licensed under the Motor Dealers and Repairers Act 2013 for the purpose of demolishing or dismantling the vehicle,
(c)
a motor dealer, in respect of an offer to sell, or the sale, by the motor dealer, in the capacity of a motor dealer, of an examinable vehicle,
(d)
a motor vehicle recycler, in respect of an offer to sell, or the sale, by the motor vehicle recycler, in the capacity of a motor vehicle recycler, of an examinable vehicle that is substantially demolished or dismantled.

(5)

In this clause:

examinable vehicle means any one of the following registrable vehicles:

(a)
cars,
(b)
station wagons,
(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.

33Obligations of disposers: application for transfer of registration and notification to Authority(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 motor 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 motor dealer is an agent for another person—the person on whose behalf the vehicle has been disposed of,
- (ii)
  the person who has acquired the vehicle,
(b)
the date of the disposal,
(c)
the registration number of the vehicle.

(3)

This clause does 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, or
(c)
in accordance with an order of a court in Australia or other legal process.

34Obligations of acquirers(1)

Except as provided by subclause (2), 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 33 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 duty legislation and the applicable fee for transfer of registration of the vehicle.

Maximum penalty: 20 penalty units.

(2)

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 evidence of the court order or other legal process and complete the registration transfer 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 duty legislation and the applicable fee (if any) for transfer of registration of the vehicle.

Maximum penalty: 20 penalty units.

(3)

If the applicable fee referred to in subclause (1) includes 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.

(4)

A person who acquires, or the agent of a person who acquires, a registered registrable vehicle is not required to pay the applicable 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.

(5)

This clause does 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.

35Repossession 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:

(a)
must be in a form approved by the Authority for the purpose, and
(b)
must be accompanied by the applicable fee for transfer of registration of the vehicle.

36Registration 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 this Regulation, 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 registrable vehicle (or of any part of the registrable 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 this Regulation, or
(g)
the Authority has sought further information or supporting evidence in relation to the transfer and the information or evidence 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)
if 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)

The Authority may refuse to register the transfer of registration of a registrable vehicle for which any special number-plate has been issued unless:

(a)
the registration number has been altered in accordance with this Regulation, and
(b)
any number-plate issued for the vehicle has 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 Division (other than this subclause).

37Transfer 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 each remaining registered operator consents to the transfer, and
(c)
the certificate of registration for the vehicle is surrendered to the Authority, and
(d)
any applicable fee in respect of the transfer is 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, pursuant to the will or letters of administration, to have the registration transferred to a person other than the person to whom the registrable vehicle has been transferred under subclause (1).

(3)

Any person to whom a certificate of registration has been transferred under subclause (1) must, in the event of the transfer being cancelled, immediately deliver the certificate of registration to the Authority on being requested to do so.

Maximum penalty (subclause (3)): 20 penalty units.

38Partial transfer of light vehicle(1)

If a light vehicle is currently registered in the name of a person, the Authority may record an additional person as a registered operator of the vehicle, but only if it first approves an application by the additional person for the partial transfer of the registration of the vehicle.

(2)

For the purposes of this clause, the Authority may approve an application for the transfer of registration only if:

(a)
the application is signed by each existing registered operator as indicated on the application form, and
(b)
the application is accompanied by any duty payable under applicable duty legislation and the applicable fee for transfer of registration of the vehicle, and
(c)
the person provides such information and supporting evidence as the Authority may require, and
(d)
the Authority is satisfied that, had the vehicle been sold to the person and clauses 32–34 been complied with, it would not have refused to transfer the registration of the vehicle to the person under clause 36.

(3)

If the Authority records an additional person as a registered operator of a registrable vehicle after approving the person’s application for the transfer of registration, the Authority must issue a new certificate of registration bearing the names of both the existing registered operator and the additional registered operator.

Division 3Expiry of registration39Expiry 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
(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 requested to do so by a written notice from the Authority, return the vehicle’s number-plates to the Authority (or an agent nominated by the Authority) within the period specified in the notice.

(4)

A registered operator to whom a written notice is given under this clause must comply with any requirement specified in the notice.

Maximum penalty (subclause (4)): 20 penalty units.

Division 4Surrender and cancellation of registration40Surrender 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)

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—

Part 6 provides for the refund of fees in the case of a surrender or cancellation of registration.

41Suspension or cancellation of registration by Authority(1)

The Authority may suspend or cancel the registration of a registrable vehicle in accordance with this Division 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 duty legislation, the Act or this Regulation have not been paid, or
(c1)
the vehicle ceases to be an insured motor vehicle within the meaning of the Motor Accidents Compensation Act 1999, or
Note—
Section 14 of the Motor Accidents Compensation Act 1999 requires the RTA to comply with a request by a licenced insurer to suspend or cancel the registration of a motor vehicle in certain circumstances.
(d)
a payment in a form other than cash submitted to the Authority as payment of a relevant registration charge or fees or duty 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 (or of any part 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, 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 whatsoever, of the opinion that a registered operator of the vehicle is not a fit and proper person to be the holder of the registration for the vehicle, or
(m)
(Repealed)
(n)
a registered operator of the vehicle has failed to comply with a requirement imposed by or under this Regulation to return or surrender a number-plate 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).

(2A)

The Authority may suspend the registration of a registrable vehicle if it appears to the Authority that a registered operator of the vehicle (being a corporation) has committed a second or subsequent offence under section 188 (1) of the Act or a former corresponding provision in relation to any vehicle of the registered operator in any 3 year period.

(2B)

The Authority may suspend the registration of a heavy vehicle for a period not exceeding 3 months if 3 or more M5 East Tunnel vehicle emission offences involving the vehicle are committed.

(2C)

An M5 East Tunnel vehicle emission offence is an offence under clause 16 (1) of the Protection of the Environment Operations (Clean Air) Regulation 2010 in relation to the emission of excessive air impurities by a heavy vehicle being used in the M5 East Tunnel.

(2D)

An M5 East Tunnel vehicle emission offence is committed if:

(a)
a court convicts a person of the offence (whether or not it imposes any penalty), or
(b)
an amount is paid under a penalty notice in respect of the offence, or
(c)
a penalty notice enforcement order under the Fines Act 1996 is made against a person in respect of the offence.

(3)

Clause 42 does not apply to a decision to suspend registration under subclause (2), (2A) or (2B). However, before suspending the registration of a vehicle under any of those subclauses, the Authority:

(a)
must give a registered operator of the vehicle notice in writing of the matters referred to in clause 42 (1) (a) and (b) and the period of suspension, and
(b)
may follow such other procedures prescribed by clause 42 or such other procedures as it considers appropriate.

(4)

In this clause, traffic law means:

(a)
a provision of Chapter 4 of the Act or this Regulation, or
(b)
any other provision of the road transport legislation.

41ASuspension of registration for dimension requirement offence(1)

The Authority may suspend the registration of a heavy vehicle for a period not exceeding 3 months if:

(a)
a dimension requirement offence involving the vehicle has been committed and one of the following applies:
- (i)
  a court has convicted a person of the offence (whether or not it has imposed any penalty),
- (ii)
  an amount has been paid under a penalty notice for the offence,
- (iii)
  a penalty notice enforcement order under the Fines Act 1996 has been made against a person for the offence, or
(b)
the Authority is satisfied that a dimension requirement offence involving the vehicle has been committed and the vehicle:
- (i)
  caused damage to road infrastructure, or
- (ii)
  was involved in an accident, or
- (iii)
  caused a danger or obstruction to traffic, or
- (iv)
  caused an adverse effect on public amenity.

Note—

A decision of the Authority to suspend the registration of a heavy vehicle under this subclause is an appealable decision in respect of which a person affected has a right of appeal to the Local Court. See sections 266 and 267 of the Road Transport Act 2013.

(2)

A dimension requirement offence is:

(a)
an offence against rule 102, 103, 104 or 106 (2) of the Road Rules 2014, or
(b)
an offence against section 96 or 102 of the Heavy Vehicle National Law (NSW).

(3)

(Repealed)

(4)

Clause 42 does not apply to a decision to suspend registration under subclause (1). However, before suspending the registration of a heavy vehicle under that subclause, the Authority:

(a)
must give a registered operator of the vehicle notice in writing of the matters referred to in clause 42 (1) (a) and (b) and the period of suspension, and
(b)
may follow such other procedures prescribed by clause 42 or such other procedures as it considers appropriate.

42Procedures 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 unless the Authority:

(a)
has suspended the registration and believes that a reason for the suspension still exists, and
(b)
has served notice on each 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 Part 7.8 of the Act to appeal against the decision—advises the registered operator of the right of appeal.

(3)

Subclause (2) does not apply:

(a)
in the case of a cancellation following a surrender of registration by a registered operator under this Division, or
(b)
if the Authority is directed to cancel the registration by the Commissioner of Fines Administration under the Fines Act 1996, or
(c)
if the Authority is required to cancel the registration by virtue of section 84 of the Act.

(4)

If the requirements stated in the notice referred to in subclause (2) are not met within the period specified in the notice, the registration of the vehicle is cancelled at the end of that period.

(5)

If the registration of a vehicle is cancelled, a registered operator must:

(a)
destroy any registration label for the vehicle as soon as practicable after the registration is cancelled, and
(b)
return the certificate of registration and any number-plates issued in respect of the registration to the Authority (or an agent nominated by the Authority) within 14 days after the registration is cancelled.

Maximum penalty: 20 penalty units.

(6)

(Repealed)

(7)

On cancelling the registration of a registrable vehicle, the Authority may require a registered operator of the vehicle to pay the applicable fee for the cancellation.

42ACancellation or suspension of registration by court under Heavy Vehicle National Law(1)

The registration of a heavy vehicle under this Regulation is cancelled or suspended in accordance with an order made by a court under section 598 (2) of the Heavy Vehicle National Law in relation to the heavy vehicle.

(2)

The Authority is to take all appropriate steps to give effect to the order.

Part 4Authorised and permitted uses of unregistered registrable vehiclesNote—

See Schedule 1 for further exemptions.

Division 1Unregistered vehicle permits43Issue of unregistered vehicle permits(1)

(Repealed)

(2)

The Authority may issue an unregistered vehicle permit for a registrable vehicle that complies with any applicable third party insurance legislation if:

(a)
it would be unreasonable or impracticable to require that the vehicle be registered during a particular period, or
(b)
the vehicle has been driven, under clause 17 of Schedule 1, to a place for the purpose of obtaining registration and registration has been refused.

(3)

An unregistered vehicle permit authorises, subject to any condition specified in the permit, use of a registrable vehicle on:

(a)
a road or road related area, or
(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 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.

Division 2Trader’s plates44Issue of trader’s plates(1)

On the payment of the applicable 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 motor 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.

(2)

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.

(3)

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.

45Use of vehicles with trader’s plates on road or road related area

For the purposes of section 68 (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 this Division.

46Purposes 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 provided 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, 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: 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.

47Trader 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 a form approved by the Authority, and
(b)
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
(c)
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.

48Questions 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 to do so by any police officer, immediately answer truthfully all questions that are put to the person concerning the purpose for which the plate is used.

(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 trailer

drawbar 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 centre line of the towing pivot to the centre line of the foremost axle group of the trailer.

drive includes be in control of.

driver, of a vehicle, means the person driving the vehicle.

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.

D-value means the strength capacity of a connection device as defined in:

(a)
Australian/New Zealand Standard AS/NZS 4968.1:2003Heavy-road vehicles—Mechanical coupling between articulated vehicle combinations—Design criteria and selection requirements for fifth wheel, kingpin and associated equipment, or
(b)
Australian Standard AS 2213.1–2001/Amdt 1–2002Commercial road vehicles—Mechanical connections between towing vehicles—Selection and marking of pin-type couplings and drawbar eyes.

Economic Commission for Europe means the United Nations Economic Commission for Europe.

effective range means the distance at which a light, when lighted, will illuminate and render easily discernible 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 has the same meaning as it has in the Motor Vehicles Taxation Act 1988.

eligible vehicle means a vehicle that is eligible for registration in accordance with clause 6.

emergency brake means a brake designed to be used if a service brake fails.

emergency vehicle means a vehicle driven by a person who is:

(a)
a police officer acting in the course of his or her duties as a police officer, or
(b)
a member of the Ambulance Service rendering or providing transport for sick or injured persons, or
(c)
a member of a fire brigade or rural fire brigade providing transport in the course of an emergency, or
(c1)
a member of the State Emergency Service providing transport in the course of an emergency, or
(d)
a person (or person belonging to a class of persons) approved by the Authority.

examiner’s authority means an authority in force under clause 58.

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 the Local Court made under section 79 of the Act.

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.

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.

Heavy Vehicle National Law means:

(a)
the Heavy Vehicle National Law:
- (i)
  as in force from time to time, set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, and
- (ii)
  as it applies as a law of New South Wales or another State or a Territory, or
(b)
the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a).

Note—

In relation to the Heavy Vehicle National Law (NSW), see section 4 (Application of Heavy Vehicle National Law) of the Heavy Vehicle (Adoption of National Law) Act 2013.

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.

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.

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 58 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.

lost, in relation to a number-plate, includes mislaid or unable to be found for any reason.

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 position

low loader means a gooseneck semi-trailer with a loading deck no more than 1 metre above the ground.

major vehicle defect notice—see clause 70 (1) (a).

minor vehicle defect notice—see clause 70 (1) (b).

moped means a motor bike or trike with an engine cylinder capacity of not over 50 millilitres 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 dealer, in relation to a vehicle, means the holder of a motor dealer’s licence under the Motor Dealers and Repairers Act 2013.

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.

motor vehicle recycler has the same meaning as in Part 4.5 of the Act.

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 maintenance management accreditation means maintenance management accreditation within the meaning of the Heavy Vehicle National Law (NSW).

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.

non-national maintenance management accreditation scheme means a scheme for maintenance management accreditation other than national maintenance management accreditation.

number includes a letter of the alphabet.

number-plate means a number-plate issued under this Regulation.

operations plate means a plate installed on a registrable vehicle in accordance with clause 55 (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.

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.

plate holder—see clause 17.

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.

Point of 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 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 trailer

police 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, or
(c)
a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth,

acting in the course of his or her duty.

primary production means:

(a)
the cultivation of land for the purpose of selling the produce of the land,
(b)
the maintenance of animals (including birds), whether wild or domesticated, for the purpose of selling them or their natural increase or bodily produce,
(c)
commercial fishing or the commercial farming of fish, molluscs, crustaceans or other aquatic animals,
(d)
the keeping of bees for the purpose of selling their honey or other apiary products,
(e)
timber-getting for commercial purposes,
(f)
mining for commercial purposes.

prime mover means a motor vehicle built to tow a semi-trailer.

proprietor’s authority means an authority in force under clause 59.

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, or an authorised distributor under the Electricity Network Assets (Authorised Transactions) Act 2015, 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 rear

registration label means a registration label issued under clause 16.

registration number means a number referred to in clause 19 (1).

relevant registration charge for a vehicle means:

(a)
in relation to a heavy vehicle—the amount payable as a registration charge under Schedule 2 to the Act, or
(b)
in relation to a light vehicle—the amount payable as motor vehicle tax under the Motor Vehicles Taxation Act 1988.

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.

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 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 and a converter dolly supporting a semi-trailer).

Road train

safety 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.

seatbelt 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.

seatbelt anchorage means the part of a motor vehicle which is designed to secure a seatbelt to the motor vehicle.

second edition ADR means an ADR contained in the publication known 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 that has a special design, content or format designated by the Authority from time to time as constituting a special number-plate for the purposes of this Regulation.

spring brake means a brake using one or more springs to store the energy required to operate the brake.

standard number-plate means a number-plate that is not a special number-plate.

station wagon 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 rod vehicle means a vehicle that has been modified for safe road use and that:

(a)
has a body and frame that were built before 1949, or
(b)
is a replica of a vehicle the body and frame of which were built before 1949.

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.

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 Act 2013.

third edition ADR means an ADR contained in the publication known 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 Services.

third party insurance legislation means the provisions of the Motor Accidents Compensation Act 1999 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 rear

tow truck means a motor lorry, operated or proposed to be operated by a tow truck operator, that is 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 while towing it and includes a tow truck within the meaning of the Tow Truck Industry Act 1998.

tow truck operator has the same meaning as it has in the Tow Truck Industry Act 1998.

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 vehicle

vacuum brakes means vacuum-operated or vacuum-assisted brakes.

vehicle defect notice means a defect notice referred to in section 76 (4) (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 number-plate means a number-plate other than an auxiliary number-plate.

vehicle number-plate—see clause 17.

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.

Vehicle Standards Bulletin 14 means the National Code of Practice for Light Vehicle Construction and Modification published in 2011 by the Commonwealth Department of Infrastructure and Transport (or any Department that succeeds that Department), as amended from time to time.

VIN means the Vehicle Identification Number allocated in accordance with the ADRs.

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 metres.

50 millimetre kingpin means a kingpin meeting the dimension requirements for a 50 millimetre kingpin in Australian Standard AS 2175–1990Articulated Vehicles—Kingpins.

75 millimetre kingpin means a kingpin with the dimensions specified in clause 173 (3) and (4) (including the diagram in subclause (3)) of Schedule 2.

90 millimetre kingpin means a kingpin meeting the dimension requirements for a 90 millimetre kingpin in Australian Standard AS 2175–1990Articulated Vehicles—Kingpins.