Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 (QLD)

Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

2   Commencement

This regulation commences on 1 September 2010.

3   Definitions

The dictionary in schedule 8 defines particular words used in this regulation.

4   Meaning of exempt vehicle

In this regulation, a vehicle is an exempt vehicle if the vehicle is—

(a)an agricultural implement being towed by—

(i)an agricultural machine suitably matched to the implement; or

(ii)another vehicle of a suitable size for towing the implement; or

(b)a trailer being towed by—

(i)an agricultural machine that is being used for its intended agricultural purpose; or

(ii)a conditionally registered vehicle with limited access registration; or

(c)a motorised golf buggy or other motorised machinery being used on a golf course or on a golf course car park, or a motorised golf buggy being used for directly crossing a road dividing a golf course; or

(d)a ride-on mower, other than a ride-on mower that is an agricultural machine, that is being used for mowing, and is—

(i)directly crossing a road; or

(ii)crossing from 1 road-related area to another road-related area; or

(iii)on a road-related area; or

(e)walking speed equipment that is on a road only for—

(i)loading it onto, or unloading it from, another vehicle; or

(ii)repositioning it at a work site; or

(f)a low-powered motor vehicle; or

(g)a vehicle that is not a motor vehicle or a trailer; or

(h)a vehicle being towed by a tow truck; or

(i)a racing vehicle being used on a racing track or in a related area for a racing track; or

(j)a motorbike being used in freestyle motocross in a freestyle motocross area; or

(k)a motorbike being used in an observed trial in an observed trial area; or

(l)drawn plant being towed by a conditionally registered vehicle of a size suitable for towing the plant; or

(m)a motorised wheelchair being used by a person who—

(i)does not usually reside in Queensland; or

(ii)has resided in Queensland for not more than 14 days; or

(n)an unregistered motor vehicle that is dealer’s stock being used on the dealer’s premises.

5   Meaning of registered operator in this regulation

(1)This section defines registered operator for its use in this regulation only, and has effect despite the expression’s definition in the Act.

(2)The registered operator of a vehicle is the person in whose name the vehicle is currently registered.

(3)The registered operator of a dealer plate is the person in whose name the dealer plate is currently registered.

5A   References to vehicle law

For the application of a provision of this regulation to a vehicle, a reference in the provision to a vehicle law is a reference to—

(a)if the vehicle is a heavy vehicle—any of the following under the Heavy Vehicle National Law (Queensland) to the extent they apply to the vehicle—

(i)the heavy vehicle standards;

(ii)the mass requirements;

(iii)the dimension requirements; or

(b)otherwise—any of the following to the extent they apply to the vehicle—

(i)the Vehicle Standards and Safety Regulation, part 2A, divisions 2 and 3;

(ii)the vehicle standards under the Vehicle Standards and Safety Regulation.

5B   Conforming with requirements of a vehicle law

For this regulation, a vehicle is taken to conform with the requirements applying to the vehicle under a vehicle law if it conforms with all the requirements other than those with which the vehicle is not required to conform because of—

(a)an exemption under the Heavy Vehicle National Law (Queensland); or

(b)a guideline or permit under the Vehicle Standards and Safety Regulation.

6   Registered and unregistered vehicles

(1)In this regulation, a vehicle is taken to be a registered vehicle if it has current registration under this regulation.

(2)In this regulation, a vehicle is taken to be an unregistered vehicle if—

(a)it has no current registration under this regulation because—

(i)it has never had registration under this regulation; or

(ii)it has had registration under this regulation, but the registration has expired or been cancelled; and

(b)nothing in this regulation permits its use on a road, whether or not under limited circumstances.

Part 2    Registration principles

7   Garage address in Queensland

A vehicle may be registered in Queensland only if its garage address is in Queensland.

8   Persons eligible to register vehicle

(1)A person may apply to the chief executive to register a category 1 vehicle in the person’s name.

(2)A person may apply to the chief executive to register a category 2 vehicle in the person’s name only if the person is a corporation or an individual aged 18 or over.

9   Registration and conditional registration

(1)A vehicle is eligible for registration under this regulation if it conforms with the requirements applying to the vehicle under a vehicle law.

(2)However, if the chief executive is authorised under section 12 to conditionally register a vehicle, it is not eligible for registration other than conditional registration.

(3)An unregistered vehicle that the chief executive is authorised to conditionally register under section 12 can be the subject of an authorisation under section 107 or 108 for it to be used on a road, but it can not be the subject of an unregistered vehicle permit under section 60.

10   Proof of compliance with vehicle law

(1)The chief executive may accept as evidence that a vehicle conforms with the requirements applying to the vehicle under a vehicle law—

(a)a plate attached to the vehicle under the vehicle law; or

(b)a written statement from the vehicle’s manufacturer stating that the vehicle conforms with the requirements applying to the vehicle under a vehicle law; or

(c)an entry for the vehicle in the RAV.

(2)In the absence of evidence mentioned in subsection (1), the chief executive may, on inspecting the vehicle and being satisfied it conforms with the requirements applying to the vehicle under a vehicle law, issue a certificate to that effect.

Part 3    Vehicle registration

Division 1 Vehicles used on roads must be registered

11   Vehicles used on roads must be registered

A person must not use, or permit to be used, on a road a vehicle that is not a registered vehicle unless—

(a)the vehicle is being driven or towed under section 15; or

(b)the vehicle is being brought to the chief executive under section 16; or

(c)the vehicle is being used under an unregistered vehicle permit; or

(d)the vehicle is being used under the authority of a dealer plate under section 62; or

(e)the vehicle is being used under section 105; or

(f)the vehicle is being used under section 105A; or

(g)the vehicle is being used under an authorisation issued under section 107; or

(h)the vehicle is being used under a permit issued under section 108; or

(i)the vehicle is an exempt vehicle.

Maximum penalty—80 penalty units.

Division 2 Conditional registration

12   Conditional registration

(1)This section applies to a vehicle if the safe movement guideline or heavy vehicle standards exemption applies to the vehicle.

(2)The chief executive may, on application under section 13, register the vehicle (conditional registration) with 1 of the following—

(a)limited access registration;

(b)zone access registration;

(c)unrestricted access registration.

(3)However, the chief executive must not register the vehicle unless the chief executive is satisfied the vehicle conforms with the safe movement guideline or heavy vehicle standards exemption.

(4)If this section applies to a vehicle because of the safe movement guideline and the chief executive registers the vehicle under subsection (2), a person must not permit the vehicle to be used on a road unless the conditions for use applying to the vehicle stated in the safe movement guideline allow the vehicle to be used on the road.

Maximum penalty—30 penalty units.

Division 3 Registration generally

13   Application for registration

(1)An application for the registration of a vehicle must be made to the chief executive and be accompanied by the following—

(a)any vehicle registration fee under schedule 1 or 2 for the vehicle;

(b)any registration administration fee for a conditionally registered vehicle under schedule 3 for the vehicle;

(c)any plate fee under schedule 3 for the vehicle;

(d)if the vehicle is a category 1 vehicle—the traffic improvement fee under schedule 3 for the vehicle;

(e)if the vehicle is a category 2 vehicle, other than a trailer—the registration administration fee under schedule 3 for the vehicle;

(f)any insurance certificate required under the Motor Accident Insurance Act 1994 for the vehicle for the proposed registration term or the insurance premium payable under that Act for the certificate;

(g)if the vehicle is a COI vehicle under the Vehicle Standards and Safety Regulation, prescribed evidence of a current certificate of inspection under that regulation for the vehicle, but only if, once the vehicle is registered, its owner will be required under that regulation to possess a current certificate of inspection for the vehicle;

(h)if the vehicle is an SC vehicle under the Vehicle Standards and Safety Regulation, prescribed evidence of a current safety certificate under that regulation, unless—

(i)the garage address of the vehicle is in an area mentioned in the Vehicle Standards and Safety Regulation, schedule 2; or

(ii)both of the following apply—

(A)the vehicle has never previously been registered in Queensland, in another State or in a foreign country;

(B)when the application is made, the vehicle’s odometer reads a distance of not more than 500km; or

(iii)the vehicle is being registered in the name of a dealer for resale purposes;

(i)any duty payable under the Duties Act 2001;

(j)if applicable, a gas certificate for each gas system in the vehicle;

(k)if the applicant is relying on section 100C or 100D—the evidence or notice required under section 100E.

Notes—

1See sections 19J and 19L of the Act, for the requirement for an application to be accompanied by a statutory declaration in particular circumstances.

2See part 10, division 3A, subdivision 2 for requirements about the application.

(2)However, subsection (1)(e) does not apply to a category 2 vehicle if another registration administration fee applies to the vehicle under subsection (1).

14   Registration application made by agent

(1)This section applies if the application of a person (the applicant) to register a vehicle is made by another person (the agent) as agent for the applicant.

(2)The chief executive must not grant the application unless the agent gives the chief executive satisfactory evidence of—

(a)the agent’s identity; and

(b)the applicant’s identity; and

(c)the agent’s authority to act as agent for the applicant to register the vehicle.

15   Driving or towing unregistered vehicle

(1)A person may drive or tow an unregistered vehicle on a road to any of the places mentioned in subsection (2), or for the testing mentioned in subsection (3), if—

(a)it is necessary for, or reasonably connected with, registering the vehicle under this regulation; and

(b)for a vehicle that is required to be insured under the Motor Accident Insurance Act 1994—a current insurance certificate has been issued for the vehicle and is carried—

(i)for a trailer—in the motor vehicle towing the trailer; or

(ii)for another vehicle—in the vehicle.

Note—

See also section 64(1A).

(2)For subsection (1), the places are as follows—

(a)an AIS, if the vehicle is driven or towed to the AIS for inspection for the purpose of obtaining an inspection certificate under the Vehicle Standards and Safety Regulation;

(b)a written-off vehicle inspection site, if the vehicle is recorded in the register as a repairable write-off and it is driven or towed to the site for the purpose of obtaining a written-off vehicle inspection report;

(c)the vehicle’s garage address;

(d)an office of the chief executive, if the vehicle is driven or towed to the office to register the vehicle;

(e)another place, if the chief executive requires the vehicle to be taken to the place.

Examples for paragraph (e)—

•a place for inspecting by the Queensland Police Service

•a place for having an identifying number stamped

•a place for obtaining a gas certificate

•a weighbridge for obtaining a measurement ticket

(3)For subsection (1), the person may drive or tow the vehicle for testing to confirm the safe operation of the vehicle as part of an inspection mentioned in subsection (2)(a).

16   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.

(4)If the vehicle is a motor vehicle, the applicant must, as soon as practicable—

(a)take action to obtain the necessary permission mentioned in section 134 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.

17   Deciding applications

(1)The chief executive may refuse an application for the registration of a vehicle if the chief executive reasonably believes—

(a)information given in the application is false or misleading; or

(b)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

(c)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 repairable write-off, unless there is a written-off vehicle inspection report for the vehicle; or

(d)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

(e)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

(f)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

(g)an approved examiner has, by issuing an inspection certificate for the vehicle under the Vehicle Standards and Safety Regulation, contravened the Act; or

(h)there are unpaid fines or penalties arising out of the use of the vehicle in Queensland or another State; or

(i)the vehicle’s garage address is in another State; or

(j)the vehicle does not conform with the requirements applying to the vehicle under a vehicle law; or

(k)the vehicle has been registered in another State and—

(i)the registration in the other State has been suspended or cancelled for a reason other than its expiry; and

(ii)the reasons for the cancellation or suspension still exist; or

(l)all of the following apply—

(i)the vehicle is a heavy vehicle;

(ii)a court has made an order against a person under the Heavy Vehicle National Law (Queensland), section 598(2) cancelling the registration of the vehicle;

(iii)the court has also, under section 598(3) of that Law, made an order that the person, or an associate of the person, is disqualified from applying for the registration of the vehicle for a stated period;

(iv)the applicant for registration is, under the order mentioned in subparagraph (iii), currently disqualified from applying for registration of the vehicle.

(1A)The chief executive must refuse an application for the registration of a vehicle if the chief executive reasonably believes the vehicle or a part of the vehicle is, or may be, stolen.

(1B)The chief executive may refuse an application for the registration of a vehicle if all of the following apply—

(a)the vehicle, or a part of the vehicle, is subject to the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (Cwlth) (the recall notice);

(b)the ACCC gives the chief executive written advice that—

(i)the supplier of the vehicle is considered to have complied with its obligations to replace affected airbag inflators under the recall notice; and

(ii)an affected airbag inflator fitted within the vehicle has not been replaced in compliance with the recall notice;

(c)the chief executive reasonably believes that each affected airbag inflator fitted within the vehicle has not been replaced in compliance with the recall notice.

(2)Subsections (1), (1A) and (1B) do not limit the chief executive’s power to refuse the application under another provision of this regulation.

(3)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)If the chief executive decides to grant the application, the chief executive must register the vehicle in the applicant’s name.

(5)If the chief executive decides to refuse the application, the chief executive must tell the applicant—

(a)the reasons for the refusal; and

(b)that the decision may be reviewed under section 111, unless—

(i)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

(ii)the chief executive has refused the application under subsection (1A).

(6)If asked by the applicant, the chief executive must give written reasons for refusing the application.

(7)This section is subject to section 109D(4) and (5).

18   Registered vehicles register

(1)The chief executive must keep a register of registered vehicles (the register).

(2)The register must contain the following particulars for each registered vehicle, to the extent the particulars are applicable for the vehicle—

(a)the registered operator’s name;

(b)the vehicle’s registration number and other identification details, including the vehicle’s description;

(c)the vehicle’s GVM and, if applicable, GCM;

(d)the vehicle’s garage address;

(e)the registered operator’s address;

(f)if there is a current postal address for the registered operator—the postal address;

(g)the vehicle’s purpose of use, for example, private use or farm use;

(h)for a conditionally registered vehicle that is not a heavy vehicle, the conditions for use applying to the vehicle that are stated in the safe movement guideline;

(i)for a conditionally registered vehicle that is a heavy vehicle, the conditions stated in the heavy vehicle standards exemption;

(j)the commencement and expiry days for the registration;

(k)for a category 2 vehicle—the vehicle’s nominated configuration;

(l)for a motorbike, other than a motorbike that is conditionally registered—whether the motorbike is a learner approved motorbike.

(3)The chief executive must ensure the register contains the particulars of each vehicle that—

(a)is currently registered; or

(b)is not currently registered, but has been a registered vehicle within the previous 2 years.

(4)The register must also contain the notifiable information about a written-off vehicle notified under part 8, 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.

(7)The chief executive may record in the register other information—

(a)required to be recorded under the Act or another Act; or

(b)the chief executive decides is appropriate.

Examples of information the chief executive may record under paragraph (b)—

•odometer readings to help in consumer protection

•pension details for implementing the provisions of this regulation about concessional registration fees

•information about a written-off vehicle given to the chief executive by the Queensland Police Service, the police service of another State, a corresponding authority or a notifier under a corresponding law to this regulation

(8)Despite anything else in this regulation—

(a)the chief executive is not required to ensure the person whose name is shown in the register as the registered operator of a vehicle is a person who has title to the vehicle; and

(b)the register is not intended to be a means by which the title to a registered vehicle may be conclusively established.

19   Registration certificates

(1)If the chief executive registers a vehicle, the chief executive must issue a registration certificate to the applicant for the vehicle.

(2)The certificate must include the following particulars, to the extent the particulars are applicable for the vehicle—

(a)the registered operator’s name and address;

(b)the vehicle’s garage address;

(c)the vehicle’s registration number;

(d)the make of the vehicle;

(e)the vehicle’s VIN or, if there is no VIN, the vehicle’s chassis number or engine number;

(f)the vehicle’s GVM and, if applicable, GCM;

(g)the vehicle charging category under part 11, division 1;

(h)the commencement and expiry days for the registration;

(i)if the vehicle is a conditionally registered vehicle that is not a heavy vehicle—

(i)the conditions for use applying to the vehicle that are stated in the safe movement guideline; and

(ii)a separate code, for example a letter of the alphabet, for each of the conditions;

(j)if the vehicle is a conditionally registered vehicle that is a heavy vehicle—

(i)the conditions stated in the heavy vehicle standards exemption; and

(ii)a separate code, for example a letter of the alphabet, for each of the conditions.

(3)The chief executive may also include in the certificate any other information the chief executive decides is appropriate.

20   Registered operator to notify change of particulars

(1)The registered operator of a vehicle must give the chief executive notice of any of the following changes within 14 days of the change—

(a)a change of the operator’s address;

(b)if there is a current postal address for the operator—a change of the postal address;

(c)a change of the garage address of the vehicle;

(d)a change of the purpose of use of the vehicle.

Maximum penalty—8 penalty units.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(2)The registered operator of a vehicle must, within 14 days after the person’s name is changed, give the chief executive—

(a)notice of the change; and

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(b)written material, satisfactory to the chief executive, evidencing the change.

Maximum penalty—8 penalty units.

(3)If a person modifies a registered vehicle, the registered operator of the vehicle must give the chief executive notice of the modification within 14 days after the modification.

Maximum penalty—8 penalty units.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(4)The registered operator must not use the vehicle on a road until the chief executive has been notified of the modification, and any additional registration fee or charge attributable to the modification has been paid to the chief executive, if—

(a)the vehicle is a category 2 vehicle; and

(b)at least 1 of the following applies—

(i)the modification is to the vehicle’s description as recorded in the register;

(ii)because of the modification, the registration fee applicable to the vehicle is higher than the fee paid for its current registration.

Maximum penalty—80 penalty units.

(5)In this section—

modifies a registered vehicle means modifies any of the following—

(a)the vehicle’s axle configuration;

(b)the vehicle’s carrying capacity;

(c)the vehicle’s description as recorded in the register;

(d)the method of propulsion of the vehicle;

(e)the vehicle’s GCM or GVM;

(f)any other particular of the vehicle recorded in the register.

21   Recording change in vehicle particulars and reassessment of registration fee

(1)If the chief executive is satisfied the particulars given under section 20 are correct, the chief executive must—

(a)record the correct name, address, postal address, purpose of use or other particulars in the register; and

(b)issue an updated registration certificate.

(2)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 16.

(3)Also, if the particulars are for a change to a vehicle’s purpose of use or the modification of a vehicle under section 20(5), the chief executive may reassess the registration fee payable for the vehicle for the term (the unexpired term) calculated from when the purpose of use changed or the vehicle was modified to the end of the vehicle’s current registration.

(4)The chief executive must as soon as practicable refund to the registered operator any amount by which the reassessed fee is less than the fee already paid for the unexpired term.

(5)The chief executive may, by written notice given to the registered operator, require the registered operator to pay any amount by which the reassessed fee is more than the fee already paid for the unexpired term within 28 days after the notice is given.

(6)The registered operator must comply with the requirement unless the registered operator has a reasonable excuse.

Maximum penalty for subsection (6)—60 penalty units.

22   Registration term

Subject to sections 23, 97 and 100C, a vehicle may be registered for the term asked for by the applicant that is 1 of the following terms—

(a)1 year;

(b)6 months;

(c)3 months, if—

(i)the vehicle is a category 2 vehicle; or

(ii)the vehicle is used to provide a taxi service or a booked hire service within the meaning of the Transport Operations (Passenger Transport) Act 1994; or

(iii)the applicant agrees to the matters mentioned in paragraph (d)(i) and (ii);

(d)1 month, if—

(i)the applicant agrees to pay the registration-related amount and any surcharge payable for the renewal of the registration of the vehicle under a direct debit arrangement; and

(ii)the applicant agrees to receive all communication in relation to the registration and renewal of the registration of the vehicle electronically;

(e)any term, including a term mentioned in paragraph (c) or (d), if the chief executive considers the term reasonable and appropriate.

23   Seasonal registration

(1)A prescribed vehicle owned by a primary producer may be registered for 3 or 6 months if it is used only in the registered operator’s business as a primary producer.

(2)A prescribed vehicle used only seasonally may be registered for 3 or 6 months if it is used only to transport primary produce from a farm or fishing waters to where the primary produce is—

(a)loaded onto a train, vessel or another vehicle; or

(b)stored before being processed; or

(c)the subject of the first processing step applied to it; or

(d)processed.

(3)Subject to sections 99 and 100F, at the end of the registration term, the registration of a prescribed vehicle under subsection (1) or (2) may be—

(a)renewed for 3 months or 6 months; or

(b)deferred for a period of not longer than 1 year, and renewed during, or at the end of, the period.

(4)Subsection (3) does not stop the registration of a prescribed vehicle being—

(a)renewed for a term for which prescribed vehicles are usually registered under section 22; or

(b)cancelled under part 6.

24   When registration becomes effective

The registration of a vehicle is effective on the issue of the chief executive’s receipt for payment of the relevant fees payable, in relation to the registration, under this regulation.

Division 4 Approval of motorbikes as learner approved motorbikes

25   Purpose of div 4

The purpose of this division is to enable a person to apply to the chief executive for the approval of a particular motorbike as a learner approved motorbike.

Note—

This application process may be used if a particular bike is not stated to be a learner approved motorbike in the list of learner approved motorbikes kept by the chief executive.

26   Definition for div 4

In this division—

LAM information, for a motorbike, means the following information about the motorbike—

(a)engine capacity;

(b)maximum engine power;

(c)tare mass.

27   Meaning of LAM test report

(1)A LAM test report is documentation showing the results of 1 or more tests conducted on a motorbike to work out the LAM information for an application for approval of the motorbike under section 28.

Example of LAM test report—

a printout of the results of a test from a vehicle testing facility and a printout of the results of a test by a weighbridge

(2)A test mentioned in subsection (1) may be conducted by 1 or more entities.

(3)A LAM test report must contain the following information about a test conducted on a motorbike—

(a)the name and address of the entity that conducted the test;

Example of an entity for paragraph (a)—

an entity that operates a vehicle testing facility or a weighbridge

(b)the date of the test;

(c)the LAM information;

(d)details about the measuring system used to conduct the test.

Example of a measuring system for paragraph (d)—

a dynamometer or a similar measuring system that is designed to measure power produced by an engine

28   Application for approval of motorbike as a learner approved motorbike

(1)A person may apply to the chief executive for approval of a production motorbike as a learner approved motorbike.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)The application must—

(a)be accompanied by—

(i)a copy of a document (the manufacturer’s document) published by the motorbike’s manufacturer showing the LAM information for the motorbike; or

(ii)if a copy of the manufacturer’s document is unavailable or does not provide the LAM information for the motorbike—a LAM test report; and

(b)to the extent the information is available to the applicant, include the following information about the motorbike—

(i)make and model;

(ii)year of manufacture;

(iii)engine number;

(iv)VIN or chassis number.

(3)Subject to section 109D(4) and (5), the chief executive may grant the application only if the chief executive is satisfied that—

(a)for a motorbike with an internal-combustion engine—the engine capacity for the motorbike is not more than 660mL; and

(b)the power-to-weight ratio for the motorbike is not more than 150kW per tonne; and

(c)any modifications to the motorbike are allowable modifications.

(4)If the chief executive decides to grant the application, the chief executive must—

(a)record the motorbike in the register as a learner approved motorbike; and

(b)record the motorbike in the list of learner approved motorbikes kept by the chief executive.

(5)However, the chief executive is not required to record the motorbike in the register under subsection (4)(a) if the motorbike is conditionally registered.

(6)If the chief executive decides to refuse the application, the chief executive must tell the applicant—

(a)the reasons for the refusal; and

(b)that the decision may be reviewed under section 111.

(7)If asked by the applicant, the chief executive must give written reasons for refusing the application.

Division 5 Number plates

29   Chief executive to assign registration number and issue number plates

(1)If the chief executive registers a vehicle, the chief executive must—

(a)assign a distinguishing registration number to the vehicle; and

(b)issue to the registered operator of the vehicle—

(i)if the vehicle is a motorbike, motorised wheelchair, quad bike or trailer—1 number plate displaying the assigned number; or

(ii)if the vehicle is a vehicle other than a vehicle mentioned in subparagraph (i)—2 number plates displaying the assigned number.

(2)However, subsection (1) does not apply if—

(a)the vehicle is a category 2 vehicle; and

(b)on receipt of the application for registration of the vehicle—

(i)the vehicle is registered in another State under a corresponding law to this regulation; and

(ii)the person making the application is the person in whose name the vehicle is registered under the corresponding law to this regulation; and

(iii)the current number plate for the vehicle is a national heavy vehicle number plate.

30   Position, visibility and legibility of number plate

(1)The registered operator of a vehicle must ensure that each number plate issued for the vehicle, or a special plate attached to a vehicle, is securely attached to the vehicle so that, if the vehicle is on level ground—

(a)the number plate is—

(i)in an upright position parallel to the vehicle’s axles; and

(ii)not more than 1.3m above ground level; and

(b)unless an accessory plate is attached to the vehicle in the way required under section 37—the characters on the number plate are visible from 20m away at any point within an arc of 45º from the surface of the number plate above or to either side of the vehicle, in the way shown in figures 1 and 2 at the end of this section; and

(c)any cover on the number plate—

(i)is clear, clean, untinted and flat over its entire surface; and

(ii)has no reflective or other characteristics that would prevent—

(A)the successful operation of a photographic detection device; or

(B)the number plate from being legible; and

(d)the number plate is in a clearly legible condition, including being clearly legible from any position from which it is required to be visible.

Maximum penalty—40 penalty units.

(2)A load on the vehicle is taken to make the characters not visible contrary to subsection (1)(b) if the load—

(a)makes the characters not visible or only partly visible; or

(b)obscures the characters.

(3)The registered operator must also ensure that—

(a)if the vehicle has been issued with 2 number plates or 2 special plates are to be attached to the vehicle—1 number plate is attached to the front of the vehicle and the other to its rear; or

(b)if the vehicle has been issued with only 1 number plate or only 1 special plate is to be attached to the vehicle—the number plate is attached to its rear.

Maximum penalty—12 penalty units.

(4)The registered operator does not contravene subsection (1)(a) or (b) if—

(a)it is not practicable to attach a number plate to the vehicle in the way required under subsection (1)(a) or (b) because of the vehicle’s construction; and

(b)the registered operator attaches the number plate to the vehicle as nearly as practicable in the way required under subsection (1)(a) or (b).

(5)The registered operator does not contravene subsection (1)(b) if the position for the rear number plate of the vehicle (the towing vehicle) is obscured by another vehicle (the towed vehicle) being towed by the towing vehicle and any of the following applies—

(a)the towed vehicle is registered under this regulation or a corresponding law to this regulation, and displays its rear number plate in the way required under subsection (1) or under the corresponding law;

(b)the towing vehicle is a tow truck, the towed vehicle is not registered under this regulation or a corresponding law to this regulation, and the towed vehicle—

(i)displays the towing vehicle’s rear number plate in a way consistent with the requirements of subsection (1); or

(ii)displays an accessory plate for the towing vehicle in the way required under section 38(5);

(c)the towing vehicle is not a tow truck, the towed vehicle is an exempt vehicle under section 4(a), (b) or (l) when being towed by the towing vehicle and the towed vehicle displays the towing vehicle’s rear number plate in a way consistent with the requirements of subsection (1) or under a corresponding law to this regulation.

(6)If a vehicle’s number plates are removed and confiscated under the Police Powers and Responsibilities Act 2000, section 74H, the vehicle’s registered operator does not contravene subsection (1) or (3) while the number plates are confiscated.

(7)In this section—

number plate does not include an accessory plate issued under section 37.

photographic detection device see section 113 of the Act.

Figure 1

Figure 2

31   Time for attaching number plates

(1)The registered operator of a vehicle must attach to the vehicle a number plate issued for the vehicle within 1 day after receiving the number plate.

Maximum penalty—12 penalty units.

(2)The registered operator of a vehicle must attach to the vehicle a special plate the registered operator holds for the vehicle within 1 day after receiving a registration certificate for the vehicle showing the number of the special plate as the registration number of the vehicle.

Maximum penalty—12 penalty units.

32   Q plates

(1)A person must not manufacture a replacement Q plate unless the person—

(a)has written approval from the chief executive to manufacture the plate; and

(b)manufactures the plate under the specifications for the plate stated in the approval.

Maximum penalty—12 penalty units.

(2)A replacement Q plate manufactured under subsection (1) is taken to have been issued by the chief executive.

(3)In this section—

Q plate means a number plate the number of which consists of the letter ‘Q’ followed by at least 1, but not more than 6, figures.

32A   Special edition number plates

The chief executive may issue a special edition number plate for a vehicle, other than a category 2 vehicle, on receipt of an amount decided by the chief executive.

Note—

The amount mentioned in this section is in addition to any plate fee under schedule 3.

32B   Application to replace number plate with special edition number plate

(1)The registered operator of a vehicle, other than a category 2 vehicle, may apply to the chief executive to replace the number plate for the vehicle with a special edition number plate.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)The application must be accompanied by—

(a)any plate fee under schedule 3 for the vehicle; and

(b)the amount mentioned in section 32A; and

(c)the number plate previously issued for the vehicle, unless the plate is a personalised number plate or customised number plate.

(3)On receipt of the application, the chief executive may—

(a)issue a special edition number plate to replace the number plate previously issued for the vehicle; and

(b)issue an updated registration certificate.

(4)If the chief executive issues a special edition number plate, on the issue of the plate—

(a)the number plate previously issued for the vehicle stops being effective; and

(b)the special edition number plate becomes the current number plate for the vehicle.

32C   Application to replace number plate with national heavy vehicle number plate

(1)The registered operator of a category 2 vehicle may apply to the chief executive to replace the number plate for the vehicle with a national heavy vehicle number plate.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)The application must be accompanied by—

(a)any plate fee under schedule 3, part 1 for the vehicle; and

(b)the number plate previously issued for the vehicle, unless the plate is a personalised number plate or customised number plate.

(3)On receipt of the application, the chief executive may—

(a)issue a national heavy vehicle number plate to replace the number plate previously issued for the vehicle; and

(b)issue an updated registration certificate.

(4)If the chief executive issues a national heavy vehicle number plate, on the issue of the plate—

(a)the number plate previously issued for the vehicle stops being effective; and

(b)the national heavy vehicle number plate becomes the current number plate for the vehicle.

33   Personalised number plates

(1)A person may apply to the chief executive for the issue of a personalised number plate.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(1A)Subject to section 109D(4) and (5), the chief executive may issue the number plate as a personalised number plate on receipt of—

(a)the application; and

(b)an amount decided by the chief executive.

(1B)Also, the chief executive may issue a number plate as a personalised number plate on a sale at public auction for an amount acceptable to the chief executive.

(2)When the chief executive issues a personalised number plate, the chief executive must—

(a)assign a registration number to the person to whom the plate is issued; and

(b)record information relating to the plate in the register; and

(c)issue to the applicant a registration certificate for the plate stating the particulars of the plate.

(3)The right to use the number on a personalised number plate issued to a person is the property of the person to whom the plate is issued.

(4)A personalised number plate may be—

(a)kept without being attached to a vehicle; or

(b)subject to subsection (5), attached to a vehicle; or

(c)surrendered to the chief executive for cancellation.

(5)A person must not attach a personalised number plate to a vehicle until the person has—

(a)given the chief executive a notice of the person’s intention to attach the number plate to the vehicle; and

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(b)received a registration certificate for the vehicle showing the number of the number plate as the registration number for the vehicle.

Maximum penalty—12 penalty units.

(6)A personalised number plate must be attached to a vehicle under any directions given by the chief executive.

Maximum penalty—12 penalty units.

(7)The chief executive must not issue a personalised number plate if the number of the plate is identical, or appears to be identical, to the number of another number plate that is currently issued.

(8)Subsection (3) does not apply if the personalised number plate is—

(a)surrendered to the chief executive for cancellation under subsection (4)(c); or

(b)returned to the chief executive under section 102 or 103; or

(c)delivered to an authorised officer under section 128(1)(d); or

(d)under section 128A, removed and recovered by an authorised officer on the basis that it is required to be returned to the chief executive under section 102.

34   Transfer of personalised number plate

(1)A personalised number plate, including the right to use the number on the personalised number plate, is transferable.

(2)A person to whom a personalised number plate is transferred, including a person administering a deceased estate, must within 14 days after the transfer—

(a)give the chief executive notice of the transfer; and

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(b)pay the relevant fee.

Maximum penalty—16 penalty units.

(2A)A person who transfers a personalised number plate to another person may give the chief executive notice of the transfer.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(2B)A person’s obligation to act under subsection (2) for a personalised number plate is not affected if another person acts under subsection (2A) for the personalised number plate.

(2C)Subsection (2D) applies if the chief executive—

(a)receives—

(i)a notice and the fee under subsection (2); or

(ii)a notice under subsection (2A); and

(b)the chief executive is satisfied that the information stated in the notice in relation to the transfer of the personalised number plate is correct.

(2D)The chief executive must—

(a)record in the register the day of the transfer stated in the notice; and

(b)substitute the name and address of the person transferring the personalised number plate with the name and address of the person acquiring the personalised number plate; and

(c)amend the register to record the postal address, or lack of a postal address, for the person acquiring the personalised number plates.

(3)A person must not transfer a personalised number plate on its own if it is one of a pair.

Maximum penalty—16 penalty units.

35   Converting number plate to personalised number plate

A person may, on payment of an amount decided by the chief executive, apply to the chief executive to convert a number plate, other than a national heavy vehicle number plate, to a personalised number plate.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

36   Customised number plates

(1)A person may apply to the chief executive to customise a vehicle’s number plate, or a previously issued number plate, other than a personalised number plate.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)A customised number plate is a number plate that a person may—

(a)keep without attaching it to a vehicle; or

(b)subject to subsection (3), attach to a vehicle.

(3)A person must not attach a customised number plate to a vehicle until the person has—

(a)given the chief executive notice of the person’s intention to attach the number plate to the vehicle; and

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(b)received a registration certificate for the vehicle showing the number of the number plate as the registration number for the vehicle.

Maximum penalty for subsection (3)—12 penalty units.

37   Accessory plates

(1)A person may apply to the chief executive for an accessory plate for an accessory that is to be attached to a vehicle.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)The accessory plate must display the same registration number as the number plate attached to the vehicle.

(3)The application must be accompanied by the relevant fee.

(4)If the chief executive decides to issue the accessory plate, the chief executive must issue the plate as soon as convenient after the plate has been prepared.

(5)A person who attaches an accessory plate to the front of a vehicle must attach the plate—

(a)at the front of the accessory; and

(b)in a way that allows the accessory plate to be legible from a distance of at least 20m from the front of the accessory.

Maximum penalty—12 penalty units.

(6)A person who attaches an accessory plate to the rear of a vehicle must attach the plate—

(a)at the rear of the accessory; and

(b)in a way that allows the accessory plate to be legible from a distance of at least 20m from the rear of the accessory.

Maximum penalty—12 penalty units.

(7)In this section—

accessory means a bike rack or other device attached to the front or rear of a vehicle in a way that—

(a)makes the vehicle’s front or rear number plate not visible or only partly visible; or

(b)obscures the vehicle’s front or rear number plate.

38   Accessory plate for tow truck

(1)The registered operator of a tow truck may apply to the chief executive for an accessory plate to be attached to unregistered vehicles when towed by the tow truck.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)The accessory plate must display the same registration number as each number plate for the tow truck.

(3)The application must be accompanied by the relevant fee.

(4)If the chief executive decides to issue the plate, the chief executive must issue the plate as soon as convenient after the plate has been prepared.

(5)A person who attaches an accessory plate for a tow truck to an unregistered vehicle to be towed by the tow truck must attach it to the rearmost end of the vehicle, as towed, in a way that is as nearly as practicable in the same way a number plate would be required to be attached to that end of the vehicle were it a registered vehicle.

Maximum penalty for subsection (5)—12 penalty units.

39   When number plate must not be attached to a vehicle

A number plate, other than a dealer plate, must not be attached to a vehicle if—

(a)the registration of the vehicle has been cancelled and not renewed; or

(b)it has been more than 3 months since the vehicle’s registration expired and the registration has not been renewed.

Note—

See section 127(2)(h)(ii).

Division 6 [Repealed]

40   [Repealed]

41   [Repealed]

41A   [Repealed]

Part 4    Renewal of registration

42   Registration renewal notice

(1)A registration renewal notice (a renewal notice) for a registered vehicle is a notice sent by the chief executive—

(a)addressed to—

(i)if the vehicle’s registered operator has given the chief executive a direction to address the notice to another person—the person; or

Note—

See part 10, division 3A, subdivision 3 for requirements about the direction.

(ii)otherwise—the vehicle’s registered operator; and

(b)stating that, if the vehicle’s registration is not renewed on or before a stated day, it expires.

(2)However, if the chief executive does not send, or the registered operator does not receive, a renewal notice, the non-receipt of the notice does not affect—

(a)the expiry of the vehicle’s registration; or

(b)the registered operator’s obligation to renew the vehicle’s registration before it expires, if the registered operator intends to use the vehicle on a road after the existing registration expires.

43   Renewal of registration

(1)A person may apply to the chief executive for renewal of a vehicle’s registration.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(1A)The application must be accompanied by the following—

(a)any vehicle registration fee under schedule 1 or 2 for the vehicle;

(b)any registration administration fee for a conditionally registered vehicle under schedule 3 for the vehicle;

(c)if the vehicle is a category 1 vehicle—the traffic improvement fee under schedule 3 for the vehicle;

(d)if the vehicle is a category 2 vehicle, other than a trailer—the registration administration fee under schedule 3 for the vehicle;

(e)any insurance certificate required under the Motor Accident Insurance Act 1994 for the vehicle for the proposed term of registration or the insurance premium payable under that Act for the certificate;

(f)if the vehicle is a COI vehicle under the Vehicle Standards and Safety Regulation—prescribed evidence of a current certificate of inspection under that regulation for the vehicle, but only if its owner is required under that regulation to possess a current certificate of inspection for the vehicle;

(g)if the applicant is relying on section 100C or 100D—the evidence or notice required under section 100E.

(1B)However, subsection (1A)(d) does not apply to a category 2 vehicle if another registration administration fee applies to the vehicle under subsection (1A).

(2)The applicant must nominate the registration term for the vehicle.

(3)The registration term must be a term available under section 22 or 45 or permitted under section 23, 97 or 100C.

(4)The registration of a vehicle may be renewed after its expiry—

(a)if the vehicle is registered for a term permitted under section 23—not more than 1 year after the expiry of the registration; or

(b)if section 99 or 100F applies—not more than 2 years after the expiry of the registration; or

(c)otherwise—not more than 3 months after the expiry of the registration.

(5)Despite subsection (4), the chief executive may accept an application for renewal of registration at any time if the chief executive considers it reasonable in the circumstances to do so.

(6)The expiry day of a renewed term of registration for a vehicle must be worked out as if the renewal had commenced—

(a)if the vehicle’s registration is deferred for a period under section 23(3)(b), 99(2) or 100F(2) and is renewed during, or at the end of, the period—the day after the day the deferral ended; or

(b)otherwise—on the day after the day recorded in the register as the expiry day of the registration being renewed.

(7)Subsections (4) to (6) do not have the effect of retrospectively registering a vehicle.

(8)If the period by which a vehicle’s registration may be renewed has ended but the registration has not been renewed, the chief executive may, by written notice given to the person who was recorded as the vehicle’s registered operator before the registration expired, require the person to return the vehicle’s number plates to the chief executive within 14 days after the notice is given.

(9)A person of whom a requirement is made under subsection (8) must not contravene the requirement, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(10)Despite subsections (1) to (9), or part 10, division 3A, subdivision 2, a person may renew a vehicle’s registration using any of the ways stated in the renewal notice for the particular renewal.

(11)Despite subsections (1) to (10), the chief executive—

(a)may refuse an application for the renewal of the registration of a vehicle under the same circumstances, and in the same way, that the chief executive may refuse an application for the registration of a vehicle under section 17; and

(b)must refuse an application for the renewal of the registration of a vehicle if the chief executive reasonably believes the vehicle or a part of the vehicle is, or may be, stolen.

44   When surcharge is payable for renewal

(1)This section applies if—

(a)an applicant for renewal of registration for a vehicle is not required to pay a CTP insurance premium to the chief executive under section 43(1A)(e) in relation to the renewal; and

(b)the amount paid by the applicant for the purpose of the registration-related amount for the renewal is more than $1 below what the registration-related amount would be if the relevant registration fee payable under section 43(1A)(a) for the renewal were for 1 year’s registration.

(2)This section also applies if—

(a)an applicant for renewal of registration for a vehicle is required to pay a CTP insurance premium to the chief executive under section 43(1A)(e) in relation to the renewal; and

(b)the amount paid by the applicant for the purpose of the registration-related amount for the renewal is more than $1 below what the registration-related amount would be if—

(i)the relevant registration fee payable under section 43(1A)(a) for the renewal were for 1 year’s registration; and

(ii)the CTP insurance premium payable under section 43(1A)(e) in relation to the renewal were the lowest premium set by any CTP insurer for insurance covering 1 year’s registration.

(3)The applicant under subsection (1) or (2) must pay the surcharge under schedule 3.

45   Registration term if overpayment or underpayment of registration-related amount and any surcharge

(1)This section applies if an applicant for renewal of registration for a vehicle—

(a)does not present an insurance certificate under the Motor Accident Insurance Act 1994 for the vehicle for the proposed term of registration to the chief executive under section 43(1A)(e); and

(b)overpays or underpays the total of the registration-related amount for the renewal and any surcharge payable for the renewal.

(2)Despite section 22, the registration may be renewed for a term that is in proportion to the amount paid after deducting—

(a)any surcharge payable for the renewal under schedule 3; and

(b)any administrative fee for late payment payable for the renewal.

(3)However, the registration must not be renewed under subsection (2) if the amount paid is more than $1 below what the total of the registration-related amount for the renewal and any surcharge payable under schedule 3 for the renewal would be if any CTP insurance premium, payable under section 43(1A)(e) in relation to the renewal, for the relevant registration term for the vehicle, were the lowest premium set by any CTP insurer.

(4)Also, if the amount paid is more than the registration-related amount for the renewal that would be payable if the registration were to be renewed for 14 months—

(a)the vehicle’s registration may only be renewed for 1 year; and

(b)the difference between the amount paid and the registration-related amount for the 1 year renewal must be refunded.

(5)If the term of registration would, other than for this subsection, not be a whole number of days—

(a)the term must be rounded down to the nearest whole day; and

(b)the difference between the amount paid and the total of the registration-related amount for the renewal and any surcharge payable for the renewal must be credited to the applicant.

(6)If subsection (3) applies, the chief executive must refund the amount paid to the applicant.

(7)The chief executive must—

(a)if subsection (3) applies—notify the applicant that the amount paid is being refunded because it is below the minimum amount required to enable renewal of registration; or

(b)otherwise—give the applicant, or otherwise make available to the applicant, a notice stating the term of registration for the vehicle.

46   Administrative fee for late payment if cheque dishonoured

(1)This section applies if—

(a)payment for part or all of the amount payable for renewal of registration is made, before the expiry day of the registration, by cheque or other method of payment; and

(b)the cheque or payment is not honoured on presentation or is later dishonoured; and

(c)after the payment under paragraph (a), payment for part or all of the amount payable for the renewal is made after the expiry day of the registration.

(2)In applying the administrative fee for late payment, the purported payment made before the expiry day must be disregarded.

47   Issue of receipt and updating of records

(1)The renewal of the registration of a vehicle is effective—

(a)if the renewal involves the issue of the chief executive’s receipt for payment before the expiry of the term of registration being renewed—immediately after the expiry of that term; or

(b)if the renewal does not involve the issue of the chief executive’s receipt for payment but involves transactions that are completed before the expiry of the term of registration being renewed, including on the day of the expiry—immediately after the expiry of that term; or

(c)if the renewal involves the issue of the chief executive’s receipt for payment after the expiry of the term of registration being renewed—on the issue of the chief executive’s receipt for payment; or

(d)if the renewal does not involve the issue of the chief executive’s receipt for payment but involves transactions that are completed after the expiry of the term of registration being renewed—on the completion of the transactions.

(2)The chief executive must record in the register the details of the renewal.

Part 5    Transfer of registration

48   Transfer of registration

(1)A person who buys or otherwise acquires a registered vehicle must apply to the chief executive for transfer of the vehicle’s registration within 14 days after acquiring it, unless the person has a reasonable excuse.

Maximum penalty—16 penalty units.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)The application must be accompanied by the following, to the extent they are applicable—

(a)the relevant fee;

(b)any other amounts due, including fees payable for the renewal of the vehicle’s registration;

(c)the duty payable, in relation to the acquisition, under the Duties Act 2001;

(d)a gas certificate for each gas system in the vehicle;

(e)if the purchase or other acquisition of the registered vehicle is a disposal for which, under the Vehicle Standards and Safety Regulation, a current inspection certificate is required—prescribed evidence of a current inspection certificate under that regulation for the vehicle.

(3)A dealer who acquires a registered vehicle must give notice to the chief executive of the acquisition within 14 days after the acquisition.

Maximum penalty—16 penalty units.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(3A)If the dealer acquires the vehicle from another dealer (the disposing dealer), subsection (3) does not apply if both dealers agree, in writing, that the disposing dealer will apply, or give notice, under subsection (6) within 14 days after the acquisition.

(4)All amounts payable under subsection (2)(a) and (c) are payable by the person who acquires a vehicle from the day of the acquisition.

(5)If a person who acquires a registered vehicle is unable to state the full name and address, or include the signature, of the person who sold or disposed of the vehicle in the application or notice, the person acquiring the vehicle must give a statement to that effect to the chief executive.

Note—

See part 10, division 3A, subdivision 3 for requirements about the statement.

(6)If a person (the disposer) disposes of a registered vehicle to someone else (the acquirer), the disposer may—

(a)apply to the chief executive for transfer of the vehicle’s registration to the acquirer; or

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(b)give notice (a disposal notice) to the chief executive of the disposer’s disposal to the acquirer.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(7)An application under subsection (6)(a) must be accompanied by the following, to the extent they are applicable—

(a)a gas certificate for each gas system in the vehicle;

(b)if the purchase or other acquisition of the registered vehicle is a disposal for which, under the Vehicle Standards and Safety Regulation, a current inspection certificate is required—prescribed evidence of a current inspection certificate under that regulation for the vehicle.

(8)The chief executive, on receipt of an application under subsection (1) or (6)(a), or a notice under subsection (3), or on being satisfied of the correctness of the information contained in a statement received under subsection (5), may—

(a)record in the register the day of the transfer given in or with the application, notice or statement; and

(b)substitute the name and address of the person acquiring the vehicle for those of the registered operator recorded in the register; and

(c)amend the register to record the postal address, or lack of a postal address, for the person acquiring the vehicle; and

(d)issue an updated registration certificate to the person acquiring the vehicle.

(9)On receipt of a disposal notice under subsection (6)(b), the chief executive may—

(a)record in the register the day of disposal stated in the notice; and

(b)substitute the name and address of the acquirer for those of the registered operator recorded in the register; and

(c)amend the register to record the postal address, or lack of a postal address, for the acquirer.

(9A)On receipt of a disposal notice under subsection (6)(b) or otherwise forming a reasonable belief that the acquirer has not applied for transfer of the vehicle’s registration under subsection (1), the chief executive may, by written notice to the acquirer, require the acquirer to apply for transfer of the vehicle’s registration within 14 days after the notice is given.

(10)The acquirer must not contravene the requirement mentioned in subsection (9A) unless the acquirer has a reasonable excuse.

Maximum penalty—16 penalty units.

(11)If the chief executive acts under subsection (9), the person in whose name the vehicle is registered or recorded in the register under a disposal notice is taken to be the vehicle’s registered operator for this regulation until the chief executive receives another disposal notice for the vehicle or an application for transfer of the vehicle’s registration.

49   Failure by dealer to apply for transfer of registration

(1)This section applies if—

(a)a person (the buyer) buys or otherwise acquires a registered vehicle from a dealer; and

(b)the dealer accepts from the buyer an amount mentioned in section 48(2)(a), (b) or (c).

(2)The dealer must, within 14 days after the buyer’s acquisition of the vehicle, apply to the chief executive on the buyer’s behalf for transfer of the vehicle’s registration.

Maximum penalty—16 penalty units.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(3)The buyer does not contravene section 48(1) if an application is not made to the chief executive for transfer of the vehicle’s registration within 14 days after the buyer’s acquisition of the vehicle.

50   Transfer of registration under legal process

(1)A person who obtains a registered vehicle under a legal process must give the chief executive notice of that fact within 14 days after obtaining the vehicle.

Maximum penalty—16 penalty units.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(2)A person who repossesses a registered vehicle that is not redeemed within 28 days after the repossession must, within a further 7 days, give the chief executive notice of the repossession and details of the proposed registered operator.

Maximum penalty—16 penalty units.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(3)A person mentioned in subsection (1) or (2) (the new owner) who is unable to include the signature of the vehicle’s registered operator in the notice, must give a statement to that effect to the chief executive.

Note—

See part 10, division 3A, subdivision 3 for requirements about the statement.

(4)Subsection (5) applies if the chief executive is satisfied—

(a)the information contained in a statement received under subsection (3) is correct; and

(b)the new owner has a lawful entitlement to the vehicle.

(5)The chief executive may—

(a)record the day of the transfer stated in the notice in the register; and

(b)substitute the new owner’s name and address for those of the registered operator recorded in the register; and

(c)amend the register to record the postal address, or lack of a postal address, for the new owner; and

(d)give the new registered operator an updated registration certificate.

(6)A notice under subsection (1) or (2) must be accompanied by the amounts, and by the documents, that would be required under section 48(2) were the notice an application for a transfer of the vehicle’s registration.

51   Refusing to record transfer of registration

(1)The chief executive may refuse to record a transfer of a vehicle’s registration if—

(a)the vehicle is a conditionally registered vehicle and a condition in the safe movement guideline or heavy vehicle standards exemption is that the registration is not transferable; or

(b)the chief executive reasonably believes there is uncertainty about the ownership, possession or control of the vehicle or that the description of the vehicle as recorded in the register may be inaccurate; or

(c)were the vehicle to be the subject of an application for registration, the chief executive would refuse the application.

(2)If an order of an Australian court prohibits the transfer of a vehicle’s registration and the chief executive has notice of the order, the chief executive must not record a transfer of the registration.

(3)Subsections (1) and (2) do not limit the chief executive’s power to refuse to record the transfer of a vehicle’s registration.

Note—

See section 19M of the Act, which prohibits recording the transfer of registration in particular circumstances.

Part 6    Expiry and cancellation of registration

Division 1 Expiry of registration

52   Expiry of registration

A vehicle’s registration expires at the end of the day recorded in the register as the expiry day of the registration unless the registration is sooner cancelled or renewed under this regulation.

53   Return of registration plates when registration expires

(1)The chief executive may by written notice given to the person who was the registered operator of a vehicle whose registration has expired, require the person to return the vehicle’s number plates to the chief executive within 14 days of the date of the notice (the return period).

(2)The person must, within the return period—

(a)return the vehicle’s number plates to the chief executive; or

(b)if the plates have been lost, stolen or destroyed, give the chief executive notice of the details of the loss, theft or destruction.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

Maximum penalty—20 penalty units.

Division 2 Cancellation of registration

54   Cancellation of registration at registered operator’s request

(1)The registered operator of a vehicle may apply to the chief executive to cancel the vehicle’s registration if—

(a)the registered operator of the vehicle is a dealer, and the vehicle is for sale; or

(b)the vehicle—

(i)has been stolen; or

(ii)has been taken out of Queensland; or

(iii)has stopped being used on roads; or

(iv)is a total loss.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(2)If cancellation is applied for under subsection (1)(b)(iv), the application must include a statement by or for the applicant that the vehicle has not been used on a road since it became a total loss.

(3)Also, a person acting under the authority of a court to sell a vehicle may apply to the chief executive to cancel the vehicle’s registration.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(4)If the application of the registered operator of a vehicle to cancel the vehicle’s registration is made by another person on behalf of the registered operator, the other person must give the chief executive written evidence of the other person’s appointment, as the registered operator’s agent, with the application.

(5)If a person acting under the authority of a court to sell a vehicle applies to the chief executive to cancel the vehicle’s registration, the person must give the chief executive, with the application, written evidence of the person’s authority to sell the vehicle.

(6)A person applying under subsection (1) or (3) must include with the application—

(a)if a number plate for the vehicle has been lost, stolen or destroyed—

(i)a statement advising of the loss, theft or destruction; and

(ii)any number plate for the vehicle, other than a special plate, that is not lost, stolen or destroyed; or

(b)otherwise—the number plates, other than special plates, for the vehicle.

(7)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 75.

(8)The chief executive must cancel the vehicle’s registration unless—

(a)the applicant has not complied with subsection (4), (5), (6) or (7); or

(b)the chief executive is already taking action to cancel the registration because of a ground mentioned in section 57 or 58.

(9)Subsection (6) does not apply to a registered operator of a category 2 vehicle if—

(a)the number plate for the vehicle is a national heavy vehicle number plate; and

(b)the registered operator has registered the vehicle in another State under a corresponding law to this regulation.

55   Cancellation if registration in other State

The chief executive may cancel a vehicle’s registration other than on a person’s application if the chief executive knows that the vehicle has been registered in another State under a corresponding law to this regulation.

55A   Cancellation of registration at request of chief executive officer of a local government

(1)The chief executive officer of a local government may apply to the chief executive to cancel a vehicle’s registration if—

(a)under section 100(6) of the Acta person has not obtained possession of the vehicle; or

(b)under a local law the local government may dispose of the vehicle.

(2)An application made under subsection (1) must include—

(a)a statement that the chief executive officer of the local government has complied with—

(i)section 100 (4), (5), and (6)(a) of the Act; or

(ii)a local law that provides for the disposal of the vehicle; and

(b)if attached to the vehicle—the number plates, other than special plates, for the vehicle.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(3)The chief executive must cancel the vehicle’s registration unless—

(a)the chief executive officer of the local government has not complied with subsection (2); or

(b)the chief executive is already taking action to cancel the registration because of a ground mentioned in section 57 or 58.

55B   Cancellation of registration at request of the commissioner

(1)The commissioner may apply to the chief executive to cancel a vehicle’s registration if the vehicle—

(a)becomes the property of the State under the Police Powers and Responsibilities Act 2000, section 74B(2), 74F(2) or 101(6); or

(b)is, or is taken to have been, forfeited to the State under the Police Powers and Responsibilities Act 2000, section 118(3), 118A(3) or 766(4)(a).

(2)An application made under subsection (1) must include—

(a)a statement that the vehicle has become the property of, or been forfeited to, the State under the Police Powers and Responsibilities Act 2000; and

(b)if attached to the vehicle—the number plates, other than special plates, for the vehicle.

Note—

See part 10, division 3A, subdivision 2 for requirements about the application.

(3)The chief executive must cancel the vehicle’s registration unless—

(a)the commissioner has not complied with subsection (2); or

(b)the chief executive is already taking action to cancel the registration because of a ground mentioned in section 57 or 58.

56   Partial refund of registration fee

(1)This section applies if a vehicle’s registration is cancelled under any of sections 54 to 55B.

(2)The chief executive must make a partial refund of the registration fee paid for the vehicle to the person who was the registered operator immediately before the cancellation.

(3)The refund is worked out using the following formula—      where—

number of days is the number of unexpired whole days of the registration term for which the fee was paid, from the day on which the chief executive approves the application to cancel the registration.

(4)However, the chief executive may deduct from the refund—

(a)the administration fee for making the refund stated in schedule 3; and

(b)any unpaid fees payable under a transport Act for the vehicle.

57   Cancellation for noncompliance with notice about defective or unsafe vehicle

(1)Grounds on which the registration of a registered vehicle may be cancelled are stated in schedule 7.

(2)If the chief executive decides to cancel the registration of a registered vehicle under section 19(2)(c) of the Act on a ground stated in schedule 7, the chief executive must include in the written notice given under section 19(3) of the Act a requirement that the person (the relevant person) to whom the notice is directed must return the number plates for the vehicle to the chief executive within 14 days after the giving of the notice (the return period).

(3)The relevant person must comply with the requirement under subsection (2) within the return period.

Maximum penalty—20 penalty units.

(4)However, if a number plate has been lost, stolen or destroyed, the relevant person does not contravene subsection (3) if the relevant person, within the return period, gives the chief executive notice of the details of the loss, theft or destruction.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

58   Cancellation of registration of vehicle or dealer plate

(1)This section applies if—

(a)a registered vehicle does not conform with the requirements applying to the vehicle under a vehicle law about the construction, equipment and performance of motor vehicles; or

(b)the acquirer of a vehicle does not comply with a notice given under section 48(9A); or

(c)the registration or renewal of registration of a vehicle or dealer plate is paid for by a cheque, or by another method of payment, that is not honoured on presentation or is later dishonoured, and the chief executive has not yet received full payment for the registration or renewal; or

(d)less than the correct amount is paid in relation to the payment for registration, or renewal of registration, of a vehicle or dealer plate, and the chief executive has not yet received the unpaid amount; or

(e)a vehicle is recorded in the register as a written-off vehicle; or

(f)the application for the registration of a vehicle or dealer plate was not accompanied by a document required under section 13(1) in relation to a vehicle or section 62(4) in relation to a dealer plate.

(2)If this section applies in relation to a vehicle, a ground exists to cancel the registration of the vehicle.

(3)If the chief executive decides to cancel the vehicle’s registration under section 19(2)(c) of the Act, the chief executive must include in the written notice given under section 19(3) of the Act a requirement that the person (the relevant person) to whom the notice is directed must return the number plates for the vehicle to the chief executive within 14 days after the giving of the notice (the return period).

(4)The relevant person must comply with the requirement under subsection (3) within the return period.

Maximum penalty—20 penalty units.

(5)However, if a number plate has been lost, stolen or destroyed, the relevant person does not contravene subsection (4) if the relevant person, within the return period, gives the chief executive notice of the details of the loss, theft or destruction.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(6)If this section applies in relation to a dealer plate, a ground exists to cancel the registration of the dealer plate.

(7)If the chief executive decides to cancel the registration of the dealer plate under section 19(2)(c) of the Act, the chief executive must include in the written notice given under section 19(3) of the Act a requirement that the person (the dealer plate holder) to whom the notice is directed must return the dealer plate to the chief executive within 14 days after the giving of the notice (the dealer plate return period).

(8)The dealer plate holder must comply with the requirement under subsection (7) within the dealer plate return period.

Maximum penalty—30 penalty units.

(9)However, if the dealer plate has been lost, stolen or destroyed, the dealer plate holder does not contravene subsection (8) if the dealer plate holder, within the dealer plate return period, gives the chief executive notice of the details of the loss, theft or destruction.

Note—

See part 10, division 3A, subdivision 3 for requirements about the notice.

(10)Nothing in this section stops the chief executive from recovering from the relevant person or dealer plate holder an amount, worked out on a proportional basis, of any amount for registration referable to the period ending on the cancellation.

(10A)For the purpose of recovering from the relevant person or dealer plate holder the amount mentioned in subsection (10), the chief executive may, by written notice, require the relevant person or dealer plate holder to pay the amount.

(10B)A relevant person to whom a notice is given under subsection (10A) must pay the amount within 28 days after the chief executive gives the notice.

customised number plate see section 36(2).

damaged includes significantly deteriorated.

dealer means—

(a)the holder of a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014 or, other than in section 106, the holder of an equivalent licence or other authority under a corresponding law to that Act; or

(b)a person whose business is the sale of new motor vehicles, or new or used trailers.

dealer plate means a number plate included in a series of number plates designated by the chief executive as dealer plates.

dealer’s premises means the premises where a dealer carries on business—

(a)including any part of the premises used for car parking or for inspecting, repairing, servicing or cleaning motor vehicles; and

(b)excluding any road-related area adjacent to the premises.

dealer’s stock means any motor vehicle, whether registered or unregistered, kept at a dealer’s premises for the purpose of sale or display for sale, and includes each of the following—

(a)a motor vehicle that is being inspected, repaired, serviced or cleaned before being sold or displayed for sale;

(b)a motor vehicle that has been sold by the dealer and is ready for delivery to the purchaser.

defence force member means—

(a)a person on full-time permanent service with the Australian Defence Force; or

(b)a person on full-time duty with the Australian Defence Force Reserve.

direct debit arrangement means an arrangement, on terms approved by the chief executive, that allows an amount payable by a person to the chief executive to be paid, by direct debit, from an account the person holds with a financial institution.

disaster relief financial assistance ...

dog trailer means a trailer with—

(a)1 axle group or a single axle at the front that is connected to the towing vehicle by a drawbar; and

(b)1 axle group or single axle at the rear.

drawbar means a part of a trailer, other than a semitrailer, that connects the trailer body to a coupling for towing purposes.

drawn plant means a machine built on a trailer base, other than an agricultural implement.

drought declaration, for part 9, division 2, see section 100B.

drought-declared area, for part 9, division 2, see section 100B.

drought-declared property, for part 9, division 2, see section 100B.

electronic communication, for part 10, division 3A, see the Electronic Transactions (Queensland) Act 2001, schedule 2.

eligibility period ...

eligible person, for part 10, division 5, see section 112.

eligible vehicle ...

eligible vehicle (disaster) ...

eligible vehicle (drought) ...

engine capacity, for a motorbike, means the engine capacity—

(a)under the manufacturer’s specifications for the motorbike; or

(b)stated in a LAM test report for the motorbike.

exempt vehicle see section 4.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (that are parts of a semitrailer), used with a prime mover, semitrailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

fire and emergency appliance means a vehicle—

(a)built or modified for—

(i)fighting fires; or

(ii)supporting or performing rescue operations; and

(b)operated by authorised fire officers under the Fire and Emergency Services Act 1990.

fire and rescue appliance ...

freestyle motocross means a competition to compare competitors’ skills, or an event to demonstrate a rider’s skills, in performing motorbike acrobatics on a motorbike that has been ridden off a ramp.

freestyle motocross area means an area not dedicated to public use as a road, from which other traffic is excluded while it is being used to perform the riding involved in freestyle motocross.

garage address, of a vehicle, means the principal depot or base of operations of the vehicle.

gas certificate, for a gas system in a vehicle, means—

(a)for a new vehicle—the certificate or plate for the system required under the Petroleum and Gas (Safety) Regulation 2018, section 105 or 115 before the vehicle may be offered for sale; or

(b)for a used vehicle—the certificate for the system required under the Petroleum and Gas (Safety) Regulation 2018, section 106 or 116 to be given, upon a sale or transfer of the vehicle, to the person to whom the vehicle is sold or transferred.

gas system see the Petroleum and Gas (Production and Safety) Act 2004, schedule 2.

GCM (gross combination mass)—

1

The GCM of a motor vehicle is the maximum loaded mass for the motor vehicle and any vehicles it may lawfully tow—

(a)stated for the motor vehicle in the RAV; or

(b)if the maximum loaded mass is not stated in the way mentioned in paragraph (a)—

(i)stated on the motor vehicle’s compliance plate; or

(ii)if the motor vehicle does not have a compliance plate or the maximum loaded mass is not stated on the compliance plate or is illegible—

(A)stated by the motor vehicle’s manufacturer in another place; or

(B)if the motor vehicle’s manufacturer can not be identified—stated by the chief executive or the corresponding authority under a corresponding law to the Act.

2

However, if a motor vehicle has been modified, the GCM of the motor vehicle is the maximum loaded mass for the motor vehicle and any vehicles it may lawfully tow—

(a)stated on the certificate of modification or modification plate for the modification; or

(b)if the maximum loaded mass is not stated in the way mentioned in paragraph (a)—stated by the chief executive or the corresponding authority under a corresponding law to the Act; or

(c)if the maximum loaded mass is not stated in any of the ways mentioned in paragraph (a) or (b)—applying to the motor vehicle under paragraph 1.

give, in relation to information, for part 10, division 5, see section 112.

gold card ...

GTMR (gross trailer mass rating), of a trailer, means the mass transmitted to the ground by the axles of the trailer when—

(a)coupled to a towing vehicle; and

(b)carrying its maximum load approximately uniformly distributed over the trailer’s load bearing area.

heavy vehicle standards exemption means the vehicle standards exemption (notice) under the Heavy Vehicle National Law (Queensland) applying—

(a)in relation to particular requirements under the heavy vehicle standards under that Law; and

(b)for the purposes of conditional registration.

historic ambulance vehicle means a vehicle that was used as an ambulance vehicle but is now used for display by an ambulance service or historical ambulance society.

historic firefighting equipment means a vehicle that was used for firefighting but is now used for display by an historical fire brigade society.

history certificate ...

identifying number, of a vehicle, means—

(a)a chassis number; or

(b)an engine number; or

(c)a VIN.

information, for part 10, division 3A, subdivision 1, see section 109A.

insolvency entity, for part 10, division 5, see section 112.

insurer means a body corporate authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business.

interstate register, for part 10, division 5, see section 112.

involved person, for part 10, division 5, see section 112.

labelled vehicle ...

LAM information, for part 3, division 4, see section 26.

LAM test report see section 27.

late-model vehicle means a vehicle that is not more than 16 years old, counting from—

(a)the last day of the month in which the vehicle was manufactured; or

(b)if the month in which the vehicle was manufactured is not known—the last day of the year in which the vehicle was manufactured.

lead trailer, in a combination, means the trailer that is, or that is to be, attached to the prime mover.

learner approved motorbike means a production motorbike—

(a)that—

(i)is fitted with an electric motor; or

(ii)has an internal-combustion engine with an engine capacity of not more than 660mL; and

(b)with a power-to-weight ratio of not more than 150kW per tonne; and

(c)that has not been modified other than for an allowable modification; and

(d)that is stated to be a learner approved motorbike in a list kept by the chief executive and published on the whole-of-government website.

limited access registration, for a conditionally registered vehicle, means registration that results in the vehicle being subject to conditions for use, stated in the safe movement guideline or heavy vehicle standards exemption, that allow the vehicle to be used only in a stated area or only for a stated purpose.

litigation, for part 10, division 5, see section 112.

load, of a vehicle, includes—

(a)anything normally taken from the vehicle when it is not in use; and

(b)anything that may fall from the vehicle when it is in motion.

loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load transmitted to the ground.

local government area means a local government area under the Local Government Act 2009.

long combination truck means a truck nominated to tow 2 or more trailers.

loss adjuster means a person who assesses the extent of loss or damage involving a vehicle for another person.

lowest premium set by any CTP insurer means the lowest CTP insurance premium set by any licensed insurer under the Motor Accident Insurance Act 1994, section 13A for the class of CTP insurance that relates to the vehicle for which an application for renewal of registration has been made.

low loader means a gooseneck semitrailer with a loading deck 1m or less above the ground.

low loader dolly means a trailer that—

(a)is of the type usually coupled between a prime mover and a low loader; and

(b)consists of a gooseneck rigid frame; and

(c)does not carry any load directly on itself; and

(d)is equipped with 1 or more axles, a kingpin and a fifth wheel coupling.

low-powered motor vehicle means a motor vehicle that—

(a)does not have an internal-combustion engine; and

(b)is propelled by—

(i)a motor with a maximum power output of not more than 200W; or

(ii)2 or more motors with a combined maximum power output of not more than 200W.

maximum engine power, for a motorbike, means the maximum engine power—

(a)under the manufacturer’s specifications for the motorbike; or

(b)stated in a LAM test report for the motorbike.

medium combination truck means a truck, other than a short combination truck, nominated to haul 1 trailer.

minimum available registration term ...

mobile machinery means a motor vehicle that—

(a)is built to transport and operate machinery or equipment forming an integral part of the vehicle; and

(b)is not—

(i)a truck, semitrailer or prime mover; or

(ii)a tow truck; or

(iii)a vehicle that may be conditionally registered.

modification plate means—

(a)for the modification of a heavy vehicle—a plate or label relating to the modification fitted or affixed, or taken to have been fitted or affixed, to the vehicle under the Heavy Vehicle National Law (Queensland), section 86(2)(b) or 87(3)(b) or a corresponding law; or

Note—

See the Heavy Vehicle National Law (Queensland), section 748 for things taken to have effect under that Law.

(b)for the modification of a light vehicle—a modification plate for the modification under the Vehicle Standards and Safety Regulation.

motorised caravan means a motor vehicle designed mainly for people to live in.

motorised golf buggy means a motor vehicle that—

(a)is designed as transport for persons playing, or persons associated with persons playing, golf; and

(b)can not be driven faster than 10km/h.

motorised wheelchair means a motor vehicle that—

(a)is designed and built for use by a seated person with mobility difficulties; and

(b)is not capable of going faster than 10km/h; and

(c)has a tare of not more than 150kg; and

(d)is not propelled by an internal-combustion engine.

motor race means a race involving motor vehicles, or a practice, or a time trial, for a race or competition involving 1 or more motor vehicles.

MRC (mass rating for charging), of a vehicle, means the maximum permissible mass of the vehicle and its load—

(a)stated in the RAV as the GVM, GTMR or ATM of the vehicle; or

(b)if the maximum permissible mass of the vehicle and its load is not stated as mentioned in paragraph (a)—shown on the vehicle’s compliance plate as the GVM, GTMR or ATM of the vehicle; or

(c)if the maximum permissible mass of the vehicle and its load is not stated or shown as mentioned in paragraph (a) or (b)—decided by the chief executive or the corresponding authority under a corresponding law to the Act, having regard to the design and construction of—

(i)the vehicle; or

(ii)any of its components.

multi-axle group means—

(a)for a dog trailer—5 or more axles at the front or at the rear, or 5 or more axles at the front and 5 or more axles at the rear; or

(b)for a pig trailer—5 or more axles near the middle of the load carrying surface of the trailer; or

(c)for a semitrailer—5 or more axles towards the rear of the trailer; or

(d)for a B-double lead trailer or B-triple lead trailer or B-triple middle trailer—5 or more axles towards the rear of the trailer; or

(e)for a converter dolly or low loader dolly—5 or more axles located under the fifth wheel coupling.

multi-combination prime mover means a prime mover nominated to haul 2 or more trailers.

national heavy vehicle number plate means a plate designed to be attached to a category 2 vehicle to identify the vehicle.

natural disaster relief notice, for part 9, division 1, see section 96(2).

NEVDIS, for part 10, division 5, see section 112.

nominated, in relation to a vehicle, means nominated in an application for registration of the vehicle.

nominated configuration, for a category 2 vehicle, means the configuration in which the vehicle is nominated to operate for the term of its registration.

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—

(i)is a late-model vehicle of 1 of the following types—

(A)a motor vehicle with a GVM not over 4.5t;

(B)a motorbike;

(C)a caravan;

(D)a trailer with an ATM over 4.5t; 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.

observed trial means a competition to compare competitors’ skills, or an event to demonstrate a rider’s skills, in riding a motorbike around a marked course, 1 at a time.

observed trial area means an area not dedicated to public use as a road, from which other traffic is excluded while it is being used as a course for an observed trial.

passengers, of a vehicle, does not include the driver or a trainee driver of the vehicle or a person in the vehicle who is necessary for the normal operation of the vehicle.

pensioner concession card means a card known as a pensioner concession card issued under a Commonwealth law.

Personal Hardship Assistance Scheme, for part 9, division 1, see section 95.

personal information, for part 10, division 5, see section 112.

personalised number plate means a number plate issued under section 33 as a personalised number plate.

personal mobility device ...

pig trailer means a trailer—

(a)with 1 axle group or a single axle near the middle of its load carrying surface; and

(b)that is connected to the towing vehicle by a drawbar.

plant means a machine with its own automotive power.

pole-type trailer means a trailer that—

(a)is attached to a towing vehicle by 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.

power-to-weight ratio, for a learner approved motorbike, is a ratio—

(a)expressed in kilowatts per tonne; and

(b)calculated by—

(i)dividing the maximum engine power by the sum of the tare mass and 90kg; and

(ii)multiplying the product of the division by 1,000.

Example—

The power-to-weight ratio of a motorbike that has a maximum engine power of 54kW and a tare mass of 360kg is calculated by dividing 54kW by the sum of 360kg and 90kg (that is, 450kg) and multiplying the product of the division by 1,000. In this example, the power-to-weight ratio is 120kW/t.

prescribed concession information, about a person, means information from a State or Commonwealth government agency that shows a change in the person’s status as a card holder.

prescribed evidence, of a current inspection certificate under the Vehicle Standards and Safety Regulation, means—

(a)for a current inspection certificate issued under that regulation using an electronic method—the certificate number of the certificate; or

(b)otherwise—the current certificate under that regulation.

prescribed private use vehicle, for schedule 1 and schedule 3, item 11, means a category 1 vehicle mentioned in schedule 1, item 1, 2, 3 or 4, if the vehicle’s purpose of use is recorded as private purposes in the register.

prescribed service person means a person who—

(a)resides in Queensland; and

(b)is, or has previously been, a defence force member; and

(c)has either—

(i)been assessed under the Veterans’ Entitlements Act 1986 (Cwlth) as having at least a 70% degree of incapacity; or

(ii)been assessed under the Military Rehabilitation and Compensation Act 2004 (Cwlth) as having at least 50 impairment points.

prescribed vehicle means—

(a)a prime mover or truck with a GVM of at least 6t; or

(b)a trailer with an MRC over 4.5t.

primary produce means raw material for clothing or food derived from—

(a)agriculture; or

(b)dairying; or

(c)fishing; or

(d)the raising of livestock; or

(e)viticulture.

primary producer means a person engaged mainly in the production of primary produce.

primary production vehicle means a vehicle that is—

(a)owned by a person who is a primary producer; and

(b)used only for carrying on the person’s business as a primary producer; and

(c)either of the following—

(i)a prime mover or truck with a GVM of at least 6t;

(ii)a trailer with an MRC of over 4.5t.

production motorbike means a motorbike that—

(a)is manufactured and marketed in volume for normal road use; and

(b)conforms with the requirements applying to the motorbike under each vehicle law.

public access provider, for part 10, division 5, see section 112.

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 3.2m but not more than 4.9m.

quad bike means a 4-wheeled motor vehicle that is ridden in the same way as a 2-wheeled motor vehicle.

racing track means a circuit or track, not dedicated to public use as a road, being used as a course for a motor race or motor race driver training, if other traffic is excluded from the circuit or track during its use for the race or training.

racing vehicle means a vehicle that is used in a motor race or for motor race driver training.

RAV means the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth).

recklessly includes with gross negligence.

register, as a noun, see section 18.

registered operator, of a vehicle or dealer plate, see section 5.

registration certificate means—

(a)for a vehicle—a certificate issued by the chief executive that includes the matters about the vehicle listed in section 19(2); or

(b)for a personalised number plate—a certificate issued by the chief executive that includes the matters about the plate mentioned in section 33(2)(c); or

(c)for a dealer plate—a certificate issued by the chief executive that includes the matters about the plate listed in section 62(5).

registration label ...

registration number means a distinguishing number—

(a)assigned by the chief executive to identify a vehicle that is, or has been, registered; and

(b)displayed, or intended for display, on a number plate.

registration-related amount, for a renewal of registration, means the total of the following fees payable for the registration under section 43(1A)—

(a)any vehicle registration fee under schedule 1 or 2 for the vehicle;

(b)any registration administration fee for a conditionally registered vehicle under schedule 3 for the vehicle;

(c)if the vehicle is a category 1 vehicle—the traffic improvement fee under schedule 3 for the vehicle;

(d)if the vehicle is a category 2 vehicle, other than a trailer—the registration administration fee under schedule 3 for the vehicle;

(e)any CTP insurance premium.

related area, for a racing track, means an area—

(a)adjacent to the racing track where a racing vehicle is parked or driven for a purpose associated with a motor race or motor race driver training; and

(b)not dedicated to public use as a road.

relevant registration term, for a vehicle, means—

(a)if the vehicle may be registered for a term of 3 months under section 22(c)—3 months; or

(b)otherwise—6 months.

renewal notice see section 42.

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.

repealed regulation means the repealed Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999.

required evidence or notice, for part 9, division 2, see section 100B.

road-related area means an area that is part of a road and—

(a)divides a part of the road from another part of the road and is formed by lines marked on the road or is constructed on the road; or

Example—

a traffic island

(b)is a footpath or nature strip; or

(c)is open to the public and is designed for use by cyclists or animals.

Road Use Management Regulation ...

safe movement guideline means the guideline under the Vehicle Standards and Safety Regulation, section 14 for the safe movement of vehicles on a road applying—

(a)in relation to particular requirements under the vehicle standards under that regulation; and

(b)for the purposes of conditional registration.

safety recall agency, for part 10, division 5, see section 112.

sale, of a vehicle, includes—

(a)the hiring of the vehicle on hire-purchase; and

(b)the leasing of the vehicle.

section 48 notice see section 109E(1).

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.

semitrailer means a trailer (including a pole-type trailer) that has—

(a)1 axle group or a single axle towards the rear; and

(b)a means of attachment to a prime mover or a converter dolly that results in some of the load being imposed on the prime mover or converter dolly.

seniors card means a Queensland Government seniors card.

short combination prime mover means a prime mover nominated to tow 1 semitrailer.

short combination truck means a truck nominated to haul 1 trailer, if the combination has—

(a)6 or less axles; and

(b)a total mass of not more than 42.5t.

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 1m.

special edition number plate means a number plate showing a design or theme representing an event, occasion or achievement, but does not include a personalised number plate.

special interest vehicle means—

(a)a vehicle that is at least 30 years old; or

(b)an historic ambulance vehicle or historic firefighting equipment; or

(c)a street rod vehicle; or

(d)a bus that is at least 25 years old with a GVM over 5t.

special plate means—

(a)a customised number plate; or

(b)a personalised number plate.

special purpose vehicle means—

(a)a forklift, straddle carrier, mobile cherry picker or mobile crane, other than a vehicle that may be conditionally registered; or

(b)a vehicle, other than a vehicle mentioned in paragraph (a) or a caravan, motorised caravan, mobile library, mobile workshop, mobile laboratory or mobile billboard, that has been built, or permanently modified, for a purpose other than for carrying goods or passengers.

special purpose vehicle (type o) means a special purpose vehicle, other than a special purpose vehicle (type p), that—

(a)is built, or permanently modified, primarily for use on roads; and

(b)has at least 1 axle or axle group loaded above the mass limits stated in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, schedule 1, part 2, table 1.

special purpose vehicle (type p) means a special purpose vehicle, other than a vehicle that may be conditionally registered, built or permanently modified for—

(a)off-road use; or

(b)use on a road-related area; or

(c)use on an area of road that is under construction.

special purpose vehicle (type t) means a special purpose vehicle, other than a special purpose vehicle (type p), that—

(a)is built, or permanently modified, primarily for use on roads; and

(b)has no axle or axle group loaded above the mass limits stated in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, schedule 1, part 2, table 1.

Examples of special purpose vehicle (type t)—

boring plant, fire-engine, mobile crane and truck-mounted concrete pump

status certificate ...

statutory entity, for part 10, division 5, see section 112.

statutory write-off means a notifiable vehicle that is a total loss because of—

(a)damage by corrosion; or

(b)damage that satisfies the statutory write-off assessment criteria for the vehicle.

statutory write-off assessment criteria means—

(a)for a notifiable vehicle that is a motor vehicle with a GVM not over 4.5t—the criteria mentioned in the document entitled Damage Assessment Criteria for the Classification of Statutory Write-Offs (National Written-Off Vehicle Criteria), as approved by the chief executive; or

(b)for a notifiable vehicle that is a trailer with an ATM over 4.5t, a motorbike, a caravan or a vehicle of a type notified by the chief executive by gazette notice—the criteria mentioned in the document entitled Damage Assessment Criteria for the Classification of Statutory Write-Offs—Motorbikes, Caravans, Heavy Trailers and Other Vehicles, as approved by the chief executive.

Editor’s note—

The documents mentioned in paragraphs (a) and (b), as approved by the chief executive, are available on the department’s website.

street rod vehicle means a motor vehicle modified for safe road use that—

(a)has a body and frame built before 1949; or

(b)is a replica of a motor vehicle the body and frame of which were built before 1949.

supplier, of a vehicle, means a Supplier under the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (Cwlth), section 4.

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 1m but not more than 2m.

tare mass, for a motorbike, means the mass of the motorbike—

(a)with all fluid reservoirs on the motorbike, other than the fuel tank, filled to a normal operating level; and

(b)with the fuel tank empty; and

(c)with all standard equipment and any optional items of equipment fitted; and

(d)without the weight of a motorbike rider or a passenger.

total loss means a notifiable vehicle—

(a)damaged by corrosion to the extent that the vehicle’s fair salvage value, when added to the cost of repairing the vehicle for use on a road or road-related area, would be more than the fair market value for a vehicle of equivalent make, model and year of manufacture that is not damaged by corrosion; or

(b)damaged by accident, collision, demolition, dismantling, fire, flood, trespass or other event to the extent that the vehicle’s fair salvage value, when added to the cost of repairing the vehicle for use on a road or road-related area, would be more than the vehicle’s fair market value immediately before the event that caused the damage.

tow truck means a motor vehicle that is—

(a)equipped with a lifting or loading device capable of being used for the towing of a vehicle; and

(b)used mainly for carrying on a business of towing abandoned, disabled or damaged vehicles.

tractor means a motor vehicle used for towing purposes, other than a motor vehicle—

(a)designed to carry passengers or goods, other than its own fuel or water; or

(b)that is a tow truck.

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 2m but not more than 3.2m.

truck means a rigid motor vehicle built mainly as a load carrying vehicle.

truck (type 1) means a truck with—

(a)2 axles and an MRC of not more than 12t; or

(b)3 axles and an MRC of not more than 16.5t; or

(c)4 or more axles and an MRC of not more than 20t.

truck (type 2) means a truck with—

(a)2 axles and an MRC of more than 12t; or

(b)3 axles and an MRC of more than 16.5t; or

(c)4 or more axles and an MRC of more than 20t.

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 1m but not more than 2m.

unregistered vehicle permit means a permit issued under section 60(3).

unrestricted access registration, for a conditionally registered vehicle, means registration that is not limited access registration or zone access registration.

use, of a vehicle on a road, includes standing the vehicle on the road.

vehicle law see section 5A.

vehicle-related information, for part 10, division 5, see section 112.

vehicle-related information provider, for part 10, division 5, see section 117(1).

Vehicle Standards and Safety Regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010.

VIN, of a vehicle, means the unique vehicle identification number assigned to the vehicle.

walking speed equipment means a motor vehicle—

(a)used for construction, maintenance or warehouse operation; and

(b)designed mainly for use outside the road system; and

(c)not capable of going faster than 10km/h.

whole-of-government website means the website located at 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, under procedures approved by the chief executive, to decide on the vehicle’s identity.

written-off vehicle inspection report means a report from 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.

zone access registration, for a conditionally registered vehicle, means registration that results in the vehicle being subject to conditions for use, stated in the safe movement guideline or heavy vehicle standards exemption, that limit the distance, for each stated zone, that a vehicle may travel on a single journey in the zone.