Transport Legislation Amendment Regulation (No. 4) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 251 Motor Vehicles Securities Act 1986 State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 TRANSPORT LEGISLATION AMENDMENT REGULATION (No. 4) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF STATE PENALTIES ENFORCEMENT REGULATION 2000 3 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of sch 3 (Transport legislation). . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) REGULATION 1999 5 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 12A (Driving or towing unregistered vehicle to approved inspection station for inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Replacement of s 13 (Vehicle inspections) . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Vehicle inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 14 (Determination of applications) . . . . . . . . . . . . . . . . . . 7 9 Amendment of s 15 (Registered vehicles register) . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 18 (Recording change in vehicle particulars and reassessment of registration fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Omission of pt 3, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 12 Amendment of s 45 (Cancellation of registration at registered operator’s request) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Amendment of s 48 (Cancellation of registration of vehicle or dealer plate) 10 14 Amendment of s 49 (Recording cancellation of registration in register) . . . 10 15 Insertion of new pt 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 7A—WRITTEN-OFF VEHICLES Division 1—Objects of pt 7A 55A Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2—Notifying of written-off vehicle information 55B General obligations of notifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 55C Auditing of notifiers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 55D Obligation of notifiers to give notifiable information . . . . . . . . . . . . 12 55E Obligation of insurer to report written-off vehicle. . . . . . . . . . . . . . . 13 55F Obligation of self-insurer to report written-off vehicle . . . . . . . . . . . 14 55G Obligation of loss adjuster to report written-off vehicle . . . . . . . . . . 14 55H Obligation of dealer or auctioneer to report written-off vehicle . . . . 15 55I Obligation of auto parts dismantler to report written-off vehicle . . . 15 55J Obligation of registered operator or owner of unregistered vehicle to report written-off vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 55K Notifier’s obligation to tell registered operator or owner. . . . . . . . . . 17 55L Obligation on notifiers to attach written-off vehicle label to written-off vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 55M Obligation on registered operator or owner to attach written-off vehicle label to written-off vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 18 55N Offence to remove written-off vehicle label . . . . . . . . . . . . . . . . . . . 19 55O Written-off vehicles must not be used on road . . . . . . . . . . . . . . . . . 19 Division 3—Written-off vehicle inspections 55P Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 55Q Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 55R Conditions of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 55S Refusing to grant approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 55T Approval prescribed for the Act, ss 17B(2) and 18(c)(ii) . . . . . . . . . 21 Division 4—Offences relating to written-off vehicle inspections

3 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 55U Performing written-off vehicle inspection when not approved . . . . . 22 55V Supervising written-off vehicle inspections when not approved . . . . 22 55W Not complying with conditions of approval . . . . . . . . . . . . . . . . . . . 22 55X False or misleading written-off vehicle inspection report . . . . . . . . . 22 55Y Operating place as a written-off vehicle inspection site . . . . . . . . . . 22 55Z Performing written-off vehicle inspection at place other than written-off vehicle inspection site . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 55ZA Supervising written-off vehicle inspections at place other than written-off vehicle inspection site . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 55ZB False advertising or holding out. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16 Amendment of s 65 (Decision to which this division applies) . . . . . . . . . . . 23 17 Amendment of s 67 (Definitions for div 5) . . . . . . . . . . . . . . . . . . . . . . . . . . 23 18 Amendment of s 68A (Release of vehicle related information on payment of a fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 19 Amendment of pt 11 (Transitional provisions for Transport Operations(Road Use Management—Vehicle Registration) Regulation 1999) . . . . . . . 25 20 Amendment of sch 3 (Other fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 21 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 4—MINOR AMENDMENTS 22 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 31 MINOR AMENDMENTS MOTOR VEHICLES SECURITIES REGULATION 1995 . . . . . . . . . . . . . 31 TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLEREGISTRATION) REGULATION 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

s1 4 s4 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Transport Legislation Amendment Regulation (No. 4) 2002 . 2 Commencement This regulation commences on 30 September 2002. PART 2—AMENDMENT OF STATE PENALTIES ENFORCEMENT REGULATION 2000 3 Regulation amended in pt 2 This part amends the State Penalties Enforcement Regulation 2000. 4 Amendment of sch 3 (Transport legislation) Schedule 3, entry for Transport Operations Management—Vehicle Registration) Regulation 1999— insert— ‘s 55C(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55E(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55F(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55G(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55H(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55I(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55J(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55K(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55L(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55M(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Road 2 5 5 5 5 5 1 1 3 3 Use

s5 5 s6 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 s 55N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55O(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55O(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 2 8 8 8’. PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) REGULATION 1999 5 Regulation amended in pt 3 This part amends the Transport Operations Management—Vehicle Registration) Regulation 1999. (Road Use 6 Amendment of s 12A (Driving or towing unregistered vehicle to approved inspection station for inspection) (1) Section 12A, heading, ‘ approved inspection station ’— omit, insert— ‘ place ’. (2) Section 12A(1)— omit, insert— ‘ (1) This section applies if it is necessary, for registering an unregistered vehicle under this regulation, for the vehicle to be driven or towed to— (a) an AIS under the Vehicle Standards and Safety Regulation for inspection for obtaining an inspection certificate under that regulation; or (b) if the vehicle is a vehicle that is recorded in the register as a repairable write-off, a written-off vehicle inspection site for obtaining a written-off vehicle inspection report; or

s7 6 s7 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 (c) another place as required by the chief executive. Examples for paragraph (c) — • A place for inspecting by the Queensland Police Service • A place for road testing by an inspection station • A place for having an identifying number stamped • A place for obtaining a gas certificate or a weighbridge certificate.’. (3) Section 12A(2), ‘AIS’— omit, insert— ‘place’. 7 Replacement of s 13 (Vehicle inspections) Section 13— omit, insert— ‘13 Vehicle inspections ‘ (1) The chief executive may require a vehicle to be brought to the chief executive for an inspection— (a) before the vehicle is registered under this regulation; or (b) if the vehicle is recorded in the register as a repairable write-off, before the chief executive changes the register to ensure the vehicle is no longer recorded as a repairable write-off. ‘ (2) Subsection (3) applies if, when the chief executive inspects the vehicle— (a) an identifying number placed on the vehicle by the vehicle’s manufacturer is not clearly legible or appears to have been altered or defaced; or (b) for a vehicle recorded in the register as a repairable write-off that has been repaired, the vehicle no longer has an identifying number. ‘ (3) The chief executive— (a) may allot a replacement identifying number for the vehicle; and (b) must record the allotted replacement identifying number in the register.

s8 7 s8 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘ (4) The applicant must, as soon as practicable— (a) take action to obtain the necessary permission under section 134 1 of the Act to stamp the allotted replacement identifying number on the vehicle; and (b) if the permission is obtained, ensure the allotted replacement identifying number is stamped on the vehicle. Maximum penalty—8 penalty units. ‘ (5) The obligation to which the applicant is subject under subsection (4) continues to apply even if the applicant does not further pursue the registration of the vehicle. ‘ (6) Subsection (7) applies if, after the vehicle is registered or, for a vehicle that was recorded in the register as a repairable write-off, after the chief executive has changed the register to ensure the vehicle is no longer recorded as a repairable write-off, it appears to the chief executive that there is a possible discrepancy relating to the particulars of the vehicle as registered. ‘ (7) The registered operator of the vehicle must, if requested by written notice from the chief executive, return the vehicle for further inspection. Maximum penalty for subsection (7)—8 penalty units.’. 8 Amendment of s 14 (Determination of applications) (1) Section 14(1)(ba) to (f)— renumber as section 14(1)(h) to (l). (2) Section 14(1)— insert— ‘(c) the vehicle’s chassis number or VIN is the same as the chassis number or VIN of a vehicle recorded in the register, or in a register kept under a corresponding law to this regulation, as a statutory write-off; or (d) the vehicle’s chassis number or VIN is the same as the chassis number or VIN of a vehicle recorded in the register as a 1 Section 134 (Alteration and defacing of numbers etc.) of the Act

s9 8 s9 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 repairable write-off, unless there is a written-off vehicle inspection report for the vehicle; or (e) the vehicle’s chassis number or VIN is the same as the chassis number or VIN of a vehicle recorded in a register kept under a corresponding law to this regulation as a repairable write-off, unless there is a written-off vehicle inspection report for the vehicle or, under the corresponding law, there is a report for the vehicle that is equivalent to a written-off vehicle inspection report; or (f) a person, by giving or purporting to give under this regulation a written-off vehicle inspection report for the vehicle, has committed an offence; or (g) a person, by giving or purporting to give under a corresponding law to this regulation a report that is equivalent to a written-off vehicle inspection report for the vehicle, has committed an offence; or’. (3) Section 14— insert— ‘ (2A) Despite subsection (1), the chief executive may decide that a written-off vehicle inspection report is not required for a vehicle that is recorded in the register, or in a register kept under a corresponding law to this regulation, as a repairable write-off. Example — The chief executive decides the damage to a vehicle is limited to cosmetic damage. ’. (4) Section 14(4)(b), after ‘section 66’— insert— ‘, unless the vehicle’s chassis number or VIN is the same as the chassis number or VIN of a vehicle recorded in the register, or in a register kept under a corresponding law to this regulation, as a statutory write-off’. 9 Amendment of s 15 (Registered vehicles register) (1) Section 15(3)— renumber as section 15(7), and relocate to immediately before section 15(8), as renumbered under subsection (3).

s 10 9 s 11 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 (2) Section 15(4)— renumber as section 15(3). (3) Section 15(5)— renumber as section 15(8). (4) Section 15— insert— ‘ (4) The register must also contain the notifiable information about a written-off vehicle notified under part 7A, whether or not the vehicle is currently registered. ‘ (5) However, subsection (6) applies if— (a) for a vehicle recorded in the register as a repairable write-off, there is a written-off vehicle inspection report for the vehicle; or (b) for a vehicle recorded in a register kept under a corresponding law to this regulation, there is under the corresponding law a report for the vehicle that is equivalent to a written-off vehicle inspection report. ‘ (6) The chief executive must change the register to ensure the vehicle is no longer recorded as a repairable write-off.’. 10 Amendment of s 18 (Recording change in vehicle particulars and reassessment of registration fee) Section 18— insert— ‘ (1A) However, the chief executive must not act under subsection (1) to record an identifying number of a vehicle that is recorded in the register as a written-off vehicle, other than if the chief executive allots a replacement identifying number for the vehicle under section 13.’. 11 Omission of pt 3, div 6 Part 3, division 6— omit.

s 12 10 s 14 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 12 Amendment of s 45 (Cancellation of registration at registered operator’s request) (1) Section 45(1)(b)(i), ‘or destroyed’— omit. (2) Section 45(1)(b)— insert— ‘(iv) is a total loss.’. (3) Section 45— insert— ‘ (5A) Also, if the vehicle is a total loss, the person must include with the application the notifiable information for the vehicle the person would have been required to give the chief executive under section 55J.’. (4) Section 45(6)(a), ‘or (5)’— omit, insert— ‘, (5) or (5A)’. 13 Amendment of s 48 (Cancellation of registration of vehicle or dealer plate) Section 48(1)— insert— ‘(e) a vehicle is recorded in the register as a written-off vehicle.’. 14 Amendment of s 49 (Recording cancellation of registration in register) (1) Section 49(3), ‘or is destroyed’— omit. (2) Section 49— insert— ‘ (3A) If the registered operator applied for the cancellation under section 45(1)(b)(iv), the cancellation is effective on the day after the day

s 15 11 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 the vehicle stopped being used on roads as a result of it having become a total loss.’. 15 Insertion of new pt 7A After section 55— insert— ‘PART 7A—WRITTEN-OFF VEHICLES ‘Division 1—Objects of pt 7A ‘55A Objects ‘The objects of this part include— (a) to provide for the collection of information about written-off vehicles; and (b) to provide for the inspection of written-off vehicles that are repairable write-offs. ‘Division 2—Notifying of written-off vehicle information ‘55B General obligations of notifiers ‘ (1) The chief executive may require a notifier required to give notifiable information for a written-off vehicle under this regulation to give to the chief executive information in the approved form. ‘ (2) The information the chief executive may require under subsection (1) must be information the chief executive reasonably considers is required to maintain the integrity of information about written-off vehicles kept by the chief executive in the register. ‘ (3) The notifier must comply with a requirement given under this section. Maximum penalty for subsection (3)—20 penalty units.

s 15 12 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘55C Auditing of notifiers ‘ (1) The chief executive must conduct audits of notifiers’ operations as givers of notifiable information about written-off vehicles under this regulation. ‘ (2) A notifier must allow the notifier’s operations as a giver of notifiable information to be audited by the chief executive. Maximum penalty—20 penalty units. ‘ (3) If the report of an audit under this section identifies noncompliance with this regulation, the chief executive may, by written notice given to the notifier, require the notifier to give the chief executive, within 14 days after the date of the notice, a notice signed by the notifier stating the action the notifier has taken to do either or both of the following, as directed in the chief executive’s notice— (a) rectify the non-compliance; (b) ensure that the non-compliance does not continue or happen again. ‘ (4) The notifier must comply with the requirement, unless the notifier has a reasonable excuse. Maximum penalty—20 penalty units. ‘ (5) In a proceeding against the notifier for an offence against this regulation, other than for an offence against subsection (4), neither the notice given by the notifier, nor the fact that the notifier gave the notice, can be used in evidence against the notifier. ‘ (6) If an audit report identifies material non-compliance with this regulation, the notifier must pay the cost of the audit and of compiling the audit report, but is not otherwise required to pay the cost. ‘55D Obligation of notifiers to give notifiable information ‘ (1) A notifier must give notifiable information for a vehicle to the chief executive— (a) in the approved form; or (b) if the notifier obtains the chief executive’s approval to give the notifiable information in an electronic form—in the electronic form.

s 15 13 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘ (2) A notifier may change details of the notifiable information for a vehicle given to the chief executive only if— (a) the vehicle has not been repaired; and (b) the vehicle has not left the notifier’s possession since the notifier gave the information to the chief executive. ‘ (3) A notifier must not knowingly or recklessly give notifiable information for a vehicle to the chief executive that is false or misleading in a material particular. Maximum penalty for subsection (3)—80 penalty units. ‘55E Obligation of insurer to report written-off vehicle ‘ (1) This section applies if an insurer, in the course of the business carried on by the insurer in the State, and whether or not on the advice of a loss adjuster— (a) assesses as a total loss a notifiable vehicle registered under this regulation; or (b) assesses as a total loss a notifiable vehicle that is anywhere in Australia, but is not registered under this regulation or a corresponding law to this regulation. ‘ (2) The insurer must give the chief executive the notifiable information for the vehicle before the first of the following happens— (a) 7 days elapse after the insurer makes a final decision for a claim in relation to the vehicle; (b) the insurer— (i) disposes of the vehicle; or (ii) disposes of any part of the vehicle that has a chassis number or VIN; or (iii) sells the vehicle; or (iv) sells any part of the vehicle that has a chassis number or VIN . Maximum penalty for subsection (2)—50 penalty units.

s 15 14 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘55F Obligation of self-insurer to report written-off vehicle ‘ (1) This section applies if a self-insurer— (a) assesses as a total loss a notifiable vehicle registered under this regulation in the name of the self-insurer; or (b) assesses as a total loss a notifiable vehicle that is anywhere in Australia and is owned by the self-insurer, but is not registered under this regulation or a corresponding law to this regulation. ‘ (2) The self-insurer must give the chief executive the notifiable information for the vehicle before the first of the following happens— (a) 7 days elapse after making the assessment; (b) the self-insurer— (i) disposes of the vehicle; or (ii) disposes of any part of the vehicle that has a chassis number or VIN; or (iii) sells the vehicle; or (iv) sells any part of the vehicle that has a chassis number or VIN. Maximum penalty for subsection (2)—50 penalty units. ‘55G Obligation of loss adjuster to report written-off vehicle ‘ (1) This section applies if a loss adjuster, acting in the course of the business carried on by the loss adjuster, but acting other than to advise an insurer, auctioneer or dealer— (a) assesses as a total loss a notifiable vehicle registered under this regulation; or (b) assesses as a total loss a notifiable vehicle that is in the State, but is not registered under this regulation or a corresponding law to this regulation. ‘ (2) The loss adjuster must give the chief executive the notifiable information for the vehicle within 7 days after finalising the loss adjuster’s assessment of the vehicle. Maximum penalty for subsection (2)—50 penalty units.

s 15 15 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘55H Obligation of dealer or auctioneer to report written-off vehicle ‘ (1) This section applies if a person who is a dealer or an auctioneer, in the course of the business carried on by the person, has in the person’s possession— (a) a notifiable vehicle, registered under this regulation, that is a total loss; or (b) a notifiable vehicle, not registered under this regulation or a corresponding law to this regulation, that is a total loss. ‘ (2) The person must give the chief executive the notifiable information for the vehicle before the first of the following happens— (a) 7 days elapse after the person takes possession of the vehicle; (b) the auctioneer or dealer— (i) disposes of the vehicle; or (ii) disposes of any part of the vehicle that has a chassis number or VIN; or (iii) sells the vehicle; or (iv) sells any part of the vehicle that has a chassis number or VIN . Maximum penalty—50 penalty units. ‘ (3) The person is not required to act under subsection (2) if someone else has already given the notifiable information for the vehicle to the chief executive. ‘ (4) In this section— “possession” includes custody or control. ‘55I Obligation of auto parts dismantler to report written-off vehicle ‘ (1) This section applies if a person who is an auto parts dismantler, in the course of the business carried on by the person— (a) assesses as a total loss a notifiable vehicle registered under this regulation; or (b) assesses as a total loss a notifiable vehicle that is in the State, but is not registered under this regulation or a corresponding law to this regulation.

s 15 16 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘ (2) The person must give the chief executive the notifiable information for the vehicle before the first of the following happens— (a) 7 days elapse after the person takes possession of the vehicle; (b) the person— (i) demolishes or dismantles the vehicle; or (ii) disposes of the vehicle; or (iii) disposes of any part of the vehicle that has a chassis number or VIN; or (iv) sells the vehicle; or (v) sells any part of the vehicle that has a chassis number or VIN. Maximum penalty—50 penalty units. ‘ (3) The person is not required to act under subsection (2) if someone else has already given the information to the chief executive. ‘ (4) Despite subsection (3), the person must give the chief executive the notifiable information for the vehicle on demolishing or dismantling the vehicle. ‘55J Obligation of registered operator or owner of unregistered vehicle to report written-off vehicle ‘ (1) This section applies if a person, other than a self-insurer, proposes to sell or otherwise dispose of a notifiable vehicle, or a part of a notifiable vehicle that has an identifying number, and— (a) the vehicle is a total loss; and (b) either— (i) the person is the registered operator of the vehicle; or (ii) the vehicle is not registered under this regulation or a corresponding law to this regulation, the person is the owner of the vehicle and the vehicle is in the State. ‘ (2) The person must give the chief executive the notifiable information for the vehicle, in the approved form, before— (a) disposing of the vehicle; or

s 15 17 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 (b) disposing of any part of the vehicle that has a chassis number or VIN; or (c) selling the vehicle; or (d) selling any part of the vehicle that has a chassis number or VIN. Maximum penalty—10 penalty units. ‘ (3) Despite subsection (2), the person is not required to state whether the vehicle is a repairable write-off or a statutory write-off. ‘ (4) The chief executive is taken to have been notified that the vehicle is a repairable write-off unless someone else has already— (a) given the notifiable information for the vehicle to the chief executive; and (b) stated that the vehicle is a statutory write-off. ‘ (5) The person is not required to act under subsection (2) if someone else has already given the information to the chief executive. ‘55K Notifier’s obligation to tell registered operator or owner ‘ (1) This section applies if— (a) a notifier gives the notifiable information for a notifiable vehicle to the chief executive under this part; and (b) the notifier is not the registered operator or the owner of the vehicle. ‘ (2) The notifier must tell the registered operator of the vehicle or, if the vehicle is not registered under this regulation or a corresponding law to this regulation, the owner of the vehicle, that the notifier has given the information to the chief executive. Maximum penalty for subsection (2)—10 penalty units. ‘55L Obligation on notifiers to attach written-off vehicle label to written-off vehicle ‘ (1) This section applies if a notifier gives notifiable information for a notifiable vehicle to the chief executive under this part.

s 15 18 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘ (2) The notifier must, in accordance with subsections (3) to (6), on giving the information to the chief executive, attach to the vehicle a label that meets the chief executive’s specifications for the vehicle . Maximum penalty—30 penalty units. ‘ (3) The label must state whether the vehicle is a repairable write-off or a statutory write-off. ‘ (4) If the label states that the vehicle is a repairable write-off, the label must also state that a repairable write-off can be registered under this regulation only if it passes a written-off vehicle inspection. ‘ (5) If the label states that the vehicle is a statutory write-off, the label must also state that a statutory write-off can not be registered under this regulation. ‘ (6) The label must be attached to the vehicle in a conspicuous position so as to be clearly visible from outside the vehicle. Examples of when a label is not attached in a conspicuous position — • label attached to back seat • label attached to vehicle floor. ‘55M Obligation on registered operator or owner to attach written-off vehicle label to written-off vehicle ‘ (1) This section applies if the registered operator or the owner of a notifiable vehicle gives the notifiable information for the vehicle to the chief executive under this part. ‘ (2) The registered operator or owner must, in accordance with subsection (3), attach a label in the approved form to the vehicle . Maximum penalty—30 penalty units. ‘ (3) The label must— (a) be attached to the vehicle within 24 hours after the person gives the information to the chief executive; and (b) be attached to the vehicle in a conspicuous position so as to be clearly visible from outside the vehicle.

s 15 19 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 Examples of when a label is not attached in a conspicuous position — • label attached to back seat • label attached to vehicle floor. ‘55N Offence to remove written-off vehicle label ‘A person must not remove from a vehicle a label attached to the vehicle under this part while the vehicle is recorded in the register as a written-off vehicle, unless the person has a reasonable excuse . Maximum penalty—30 penalty units. ‘55O Written-off vehicles must not be used on road ‘ (1) A person must not use, or permit to be used, on a road a vehicle that is recorded in the register, or in a register kept under a corresponding law to this regulation, as a statutory write-off. Maximum penalty—20 penalty units. ‘ (2) A person must not use, or permit to be used, on a road a vehicle that is— (a) registered under this regulation or under a corresponding law to this regulation; and (b) recorded in the register, or in a register kept under a corresponding law to this regulation, as a repairable write-off. Maximum penalty—20 penalty units. ‘ (3) A person does not commit an offence against subsection (2) if the vehicle is being driven or towed to— (a) an AIS under the Vehicle Standards and Safety Regulation for inspection for obtaining an inspection certificate under that regulation; or (b) a written-off vehicle inspection site for obtaining a written-off vehicle inspection report, but only if there is a current inspection certificate for the vehicle under the Vehicle Standards and Safety Regulation; or (c) another place as required by the chief executive.

s 15 20 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 Examples for paragraph (c) — • A place for inspecting by the Queensland Police Service • A place for road testing by an inspection station • A place for having an identifying number stamped. ‘Division 3—Written-off vehicle inspections ‘55P Definition for div 3 In this division— “approval” means an approval of a person as— (a) an approved written-off vehicle examiner; or (b) an approved written-off vehicle nominee. ‘55Q Approvals ‘ (1) The chief executive may grant a person an approval . ‘ (2) A person may apply to the chief executive in the approved form for an approval. ‘ (3) The chief executive must consider an application for an approval within 28 days after it is received and decide either to— (a) grant the approval; or (b) refuse to grant the approval. ‘ (4) If the chief executive decides an applicant is a suitable person for an approval, the chief executive must, promptly after making the decision, grant the approval. ‘55R Conditions of approval ‘An approval may be granted subject to conditions, including— (a) for an approval of a person as an approved written-off vehicle examiner— (i) a condition that the approved written-off vehicle examiner may only perform written-off vehicle inspections while

s 15 21 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 employed or otherwise engaged by an entity contracted by the chief executive to operate a written-off vehicle inspection site; and (ii) conditions about the way the approved written-off vehicle examiner is to perform written-off vehicle inspections; or (b) for an approval of a person as an approved written-off vehicle nominee— (i) a condition that the approved written-off vehicle nominee may only supervise the day to day running of written-off vehicle inspections while employed or otherwise engaged by an entity contracted by the chief executive to operate a written-off vehicle inspection site; and (ii) conditions about the way the approved written-off vehicle nominee is to supervise the day to day running of written-off vehicle inspections. ‘55S Refusing to grant approval ‘ (1) If the chief executive decides to refuse to grant the approval, the chief executive must give written notice to the applicant of the decision promptly after making the decision. ‘ (2) The notice must state— (a) the reasons for the refusal; and (b) that the person may ask for the decision to be reviewed under section 66. ‘55T Approval prescribed for the Act, ss 17B(2) and 18(c)(ii) ‘An approval under this division is prescribed for sections 17B(2) and 18(c)(ii) 2 of the Act. 2 Sections 17B (Granting, renewing or refusing approval) and 18 (Grounds for amending, suspending or cancelling approvals) of the Act

s 15 22 s 15 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘Division 4—Offences relating to written-off vehicle inspections ‘55U Performing written-off vehicle inspection when not approved ‘A person must not perform, or purport to perform, a written-off vehicle inspection unless the person is an approved written-off vehicle examiner. Maximum penalty—80 penalty units. ‘55V Supervising written-off vehicle inspections when not approved ‘A person must not supervise, or purport to supervise, the running of written-off vehicle inspections unless the person is an approved written-off vehicle nominee. Maximum penalty—80 penalty units. ‘55W Not complying with conditions of approval ‘A person holding an approval must comply with all conditions stated in the approval. Maximum penalty—80 penalty units. ‘55X False or misleading written-off vehicle inspection report ‘A person must not knowingly or recklessly give a written-off vehicle inspection report to another person that is false or misleading in a material particular. Maximum penalty—80 penalty units. ‘55Y Operating place as a written-off vehicle inspection site ‘A person must not operate, or purport to operate, a place as a written-off vehicle inspection site unless the person is contracted by the chief executive to operate the place as a written-off vehicle inspection site. Maximum penalty—80 penalty units.

s 16 23 s 17 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 ‘55Z Performing written-off vehicle inspection at place other than written-off vehicle inspection site ‘An approved written-off vehicle examiner must not perform a written-off vehicle inspection at a place other than a place operated by a person contracted by the chief executive to operate the place as a written-off vehicle inspection site. Maximum penalty—80 penalty units. ‘55ZA Supervising written-off vehicle inspections at place other than written-off vehicle inspection site ‘An approved written-off vehicle nominee must not supervise the running of written-off vehicle inspections at a place other than a place operated by a person contracted by the chief executive to operate the place as a written-off vehicle inspection site. Maximum penalty—80 penalty units. ‘55ZB False advertising or holding out ‘A person must not falsely advertise or hold out that a particular place is a place where written-off vehicle inspections may be performed. Maximum penalty—80 penalty units.’. 16 Amendment of s 65 (Decision to which this division applies) (1) Section 65(1)(a) and (b), after ‘vehicle’— insert— ‘, other than a vehicle that is a statutory write-off’. (2) Section 65(1)— insert— ‘(f) a decision to refuse to grant an approval to a person under part 7A, division 3.’. 17 Amendment of s 67 (Definitions for div 5) (1) Section 67, definition “vehicle related information” —

s 18 24 s 18 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 omit. (2) Section 67— insert— ‘ “vehicle related information” , about a vehicle, means information about the vehicle from the register, but does not include— (a) for a vehicle currently recorded in the register as a written-off vehicle— (i) personal information about any current or previous registered operator of the vehicle; or (ii) information about a notifier that has given notifiable information for the vehicle; or (iii) information about the location and severity of the damage to the vehicle; or (b) for a vehicle that is not currently recorded in the register as a written-off vehicle— (i) personal information about any current or previous registered operator of the vehicle; or (ii) any written-off vehicle information about the vehicle. “written-off vehicle information” , about a vehicle, means all information about the vehicle that has at any time been recorded in the register for the purpose of recording information about a written-off vehicle.’. 18 Amendment of s 68A (Release of vehicle related information on payment of a fee) Section 68A— insert— ‘ (3) Despite subsection (1), a person must not ask the chief executive for vehicle related information about a vehicle recorded in the register as a written-off vehicle. ‘ (4) Subsection (3) does not stop a person from asking for the information from a person delegated by the chief executive to give the information.’.

s 19 25 s 20 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 19 Amendment of pt 11 (Transitional provisions for TransportOperations (Road Use Management—Vehicle Registration)Regulation 1999) (1) Part 11, heading— omit, insert— ‘PART 11—TRANSITIONAL PROVISIONS’. (2) Part 11, before section 78— insert— ‘Division 1—Transitional provisions for Transport Operations (RoadUse Management—Vehicle Registration) Regulation 1999’. (3) After section 83— insert— ‘Division 2—Transitional provision for written-off vehicle amendments ‘84 Registration of vehicle recorded as a written-off vehicle under corresponding law ‘ (1) This section applies if— (a) immediately before the commencement of this section, a vehicle is recorded in a register kept under a corresponding law to this regulation as a written-off vehicle; and (b) after the vehicle was recorded in the register kept under the corresponding law as a written-off vehicle, but before the commencement of this section, the vehicle was registered under this regulation, whether or not it is still registered. ‘ (2) For this regulation, the vehicle is taken not to be recorded as a written-off vehicle in the register kept under the corresponding law.’. 20 Amendment of sch 3 (Other fees) Schedule 3, part 2—

s 21 26 s 21 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 insert — ‘ 4A. Obtaining, from a vehicle related information provider, information from the register about a written-off vehicle, if the vehicle related information provider is the chief executive acting through a delegate, for each request . . . . . . . . . . . . . . . . 11. Administration fee payable to the chief executive by a vehicle related information provider, for each request for information from the register about a written-off vehicle . . . . . . . . . . . 12. Administration fee payable to the chief executive by an entity contracted by the chief executive to operate a written-off vehicle inspection site, for each written-off vehicle inspection. . . . . . . . . . . . . . . . . . 7.40 4.50 46.20’. 21 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ “approved written-off vehicle examiner” means a person approved by the chief executive to perform written-off vehicle inspections. “approved written-off vehicle nominee” means a person approved by the chief executive to supervise the day to day running of written-off vehicle inspections for an entity. “auctioneer” means a person who carries on a business that includes selling or attempting to sell or offering for sale or resale notifiable vehicles, or parts of notifiable vehicles having a chassis number or VIN, by auction. “Australian Design Rule” means a national standard under the Motor Vehicle Standards Act 1989 (Cwlth), part 2.

s 21 27 s 21 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 “auto parts dismantler” means a person who carries on the business of— (a) demolishing or dismantling vehicles or vehicle parts or accessories; or (b) buying vehicles and substantially demolished or substantially dismantled vehicles and selling substantially demolished or substantially dismantled vehicles, whether or not the person also sells vehicle parts or accessories. “chassis number” , of a vehicle, means an identification number of the chassis that is permanently marked on the chassis or another part of the vehicle, but does not include the vehicle’s VIN. “identifying number” means— (a) a chassis number; or (b) an engine number; or (c) a VIN. “insurer” means a body corporate authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business. “late-model vehicle” means a vehicle that is not more than 15 years old, counting from its date of manufacture. “loss adjuster” means a person who assesses the extent of loss or damage involving a vehicle for or on behalf of another person. “notifiable information” , for a written-off vehicle, means— (a) the vehicle’s chassis number or VIN; and (b) the vehicle’s engine number, if available; and (c) if the vehicle has been assessed as a total loss—when the vehicle was assessed to be a total loss; and (d) whether the vehicle is a repairable write-off or a statutory write-off; and (e) the type, location and severity of the damage to the vehicle; and (f) details of the person providing the information mentioned in paragraphs (a) to (e). “notifiable vehicle” means— (a) a vehicle that—

s 21 28 s 21 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 (i) is a late-model vehicle of 1 of the following types— (A) a motor vehicle with a GVM not over 4.5 t; (B) a motorbike; (C) a caravan; (D) a trailer with an ATM over 4.5 t; and (ii) complies with the requirements of all Australian Design Rules applying to it; or (b) any other vehicle of a type notified by the chief executive by gazette notice. “notifier” means any of the following— (a) an insurer; (b) a self-insurer; (c) a loss adjuster; (d) a dealer; (e) an auctioneer; (f) an auto parts dismantler. “recklessly” includes with gross negligence. “repairable write-off” — (a) means a notifiable vehicle that is a total loss but is not a statutory write-off; and (b) in the context of a written-off vehicle inspection and a written-off vehicle inspection report, includes a vehicle with a chassis number or VIN that is the same as the chassis number or VIN of a vehicle recorded in the register, or in a register kept under a corresponding law to this regulation, as a repairable write-off. “self-insurer” means an entity that owns 5 or more notifiable vehicles for which there is no insurance policy with an insurer covering loss or damage. “statutory write-off” means a notifiable vehicle that is a total loss and that is— (a) a motor vehicle or trailer, other than a motor bike, that has been immersed—

s 21 29 s 21 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 (i) in salt water above the doorsill level for any period; or (ii) in fresh water up to the dashboard or steering wheel for more than 48 hours; or (b) a motor bike that has been fully immersed— (i) in salt water for any period; or (ii) in fresh water for more than 48 hours; or (c) a motor vehicle or trailer that has been burnt to the extent that it is fit only for wrecking or scrap; or (d) a motor vehicle or trailer that has been stripped of all, or a combination or most, interior and exterior body parts, panels and components; or Examples of body parts, panels and components — Engine, wheels, bonnet, guards, doors, boot lid. (e) a motor vehicle, other than a motor bike, that has been damaged to the extent of at least 3 of the following impact damage indicators— (i) damage to an area of the roof equal to or exceeding 300 mm by 300 mm; (ii) damage to an area of the cabin floor pan equal to or exceeding 300 mm by 300 mm; (iii) damage to an area of the firewall equal to or exceeding 300 mm by 300 mm; (iv) damage to the suspension; (v) damage in the form of cracks or breaks to major mechanical components; or Examples of major mechanical components — Engineblock, transmission casings. (f) a motor bike that has— (i) impact damage, other than scratching, to the suspension; and (ii) at least 2 areas of structural frame damage. “total loss” means a notifiable vehicle damaged by accident, collision, demolition, dismantling, fire, flood, trespass or other event to the

s 22 30 s 22 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 extent that its fair salvage value, when added to the cost of repairing it for use on a road or road related area, would be more than its fair market value immediately before the event that caused the damage. “written-off vehicle” means a vehicle that is— (a) a repairable write-off; or (b) a statutory write-off. “written-off vehicle inspection” means an inspection of a repairable write-off, in accordance with procedures approved by the chief executive, to decide on the vehicle’s identity. “written-off vehicle inspection report” means a report of a written-off vehicle inspection that includes a decision of an approved written-off vehicle examiner that the vehicle’s identity is legitimate. “written-off vehicle inspection site” means a place where written-off vehicle inspections are performed.’. PART 4—MINOR AMENDMENTS 22 Minor amendments The schedule amends the regulations it mentions.

31 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 SCHEDULE MINOR AMENDMENTS section 22 MOTOR VEHICLES SECURITIES REGULATION 1995 1 Section 3, definition “VIN”— omit. TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) REGULATION 1999 1 Section 11(1)(g) and 39(2)(c), ‘stamp duty payable under the Stamp Act 1894 ’— omit, insert— ‘duty payable under the Duties Act 2001 ’. 2 Section 42(1)(b), ‘on the register’— omit, insert— ‘in the register’. 3 Section 66(1), ‘schedule 2A’— omit, insert— ‘schedule 3’.

32 Transport Legislation Amendment Regulation (No. 4) No. 251, 2002 2002 SCHEDULE (continued) 4 Schedule 4, definition “dealer”, paragraph (a), ‘ Auctioneers and Agents Act 1971 , or,’— omit, insert— ‘ Property Agents and Motor Dealers Act 2000 or’. 5 Schedule 4, definition “fire and rescue appliance”, paragraphs (b) and (c), ‘ Fire and Rescue Authority Act 1990’— omit, insert— ‘ Fire and Rescue Service Act 1990 ’. ENDNOTES 1. Made by the Governor in Council on 26 September 2002. 2. Notified in the gazette on 27 September 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2002