Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 (Qld)

Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021

Part 1    Preliminary

Division 1 Preliminary

1   Short title

This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021.

2   Commencement

This regulation commences on 1 September 2021.

Division 2 Interpretation and key concepts

3   Definitions

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

4   Meaning of exempt vehicle

A vehicle mentioned in schedule 1 is an exempt vehicle.

5   Meaning of garage address

(1)In this regulation, the garage address of a vehicle that is normally kept on a road or road-related area when not in use is—

(a)if there is only 1 registered operator of the vehicle—the address of the registered operator; or

(b)if there is more than 1 registered operator of the vehicle and the address of 1 or more of the registered operators is in Queensland—the address of the registered operator in Queensland closest to the road or road-related area where the vehicle is normally kept; or

(c)if there is more than 1 registered operator of the vehicle and the address of each registered operator is outside Queensland—the suburb and road, or address of the road-related area, where the vehicle is normally kept.

(2)The garage address of a vehicle that is normally kept at a place other than a road or road-related area when not in use is the place where the vehicle is normally kept.

6   Meaning of registered operator

(1)In this regulation, registered operator—

(a)of a vehicle—does not include a person in whose name the vehicle is registered under a corresponding law; and

(b)for a dealer plate—is the person in whose name the dealer plate is currently registered.

(2)To remove any doubt, it is declared that a person in whose name a dealer plate is equivalently registered is not the registered operator for the dealer plate for this regulation.

7   Meaning of registered vehicle and unregistered vehicle

(1)A vehicle is a registered vehicle if—

(a)the vehicle is registered under this regulation in a person’s name; and

(b)the term of the vehicle’s registration has not expired under section 30.

(2)A vehicle is an unregistered vehicle if it is not—

(a)a registered vehicle; or

(b)a vehicle that is equivalently registered.

8   Meaning of vehicle law

A vehicle law, in relation to a vehicle, is—

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

(i)the heavy vehicle standards;

(ii)the mass requirements;

(iii)the dimension requirements; or

(b)otherwise—the light vehicle standards under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.

9   Complying with vehicle law

(1)A vehicle is taken to comply with a vehicle law if the vehicle complies with the requirements of the law, other than a requirement it is not required to comply with because of—

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

(b)a safe movement approval under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.

(2)The chief executive may accept any of the following as evidence a vehicle complies with a vehicle law—

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

(b)a written statement from the vehicle’s manufacturer stating the vehicle complies with the vehicle law;

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

(3)In the absence of evidence mentioned in subsection (2), the chief executive may, on inspecting the vehicle and being satisfied it complies with the vehicle law, give a certificate to that effect.

Part 2    Requirements for using vehicles on roads

10   Vehicles used on roads must be registered except in particular circumstances

(1)A person must not use, or permit to be used, a vehicle on a road that is not a registered vehicle.

Maximum penalty—80 penalty units.

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

(a)an exempt vehicle; or

(b)being driven or towed under section 11; or

(c)being used under an authorisation granted under section 14; or

(d)being used under a permit granted under section 17; or

(e)being brought to the chief executive for an inspection under section 67; or

(f)being used under an unregistered vehicle permit; or

(g)being used with a registered dealer plate attached to it under section 96; or

(h)being used under section 108 or 110.

11   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 (3), or for the testing mentioned in subsection (4), if the driving or towing is necessary for, or reasonably connected with, registering the vehicle under this regulation.

(2)Also, if the unregistered vehicle is required to be insured under the Motor Accident Insurance Act 1994, the person may drive or tow the vehicle under subsection (1) only if—

(a)a current certificate of insurance has been issued for the vehicle; and

(b)the certificate of insurance is carried—

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

(ii)for another vehicle—in the vehicle.

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

(a)an AIS, or a departmental inspection site, if the vehicle is driven or towed to the AIS or site for inspection for the purpose of obtaining an inspection certificate for the vehicle;

(b)a written-off vehicle inspection site, if the vehicle is—

(i)recorded in the register as a repairable write-off; and

(ii)driven or towed to the site for the purpose of obtaining a written-off vehicle inspection report;

(c)the vehicle’s garage address, if an inspection certificate is in effect for the vehicle;

(d)a departmental service centre, if the vehicle is driven or towed to the centre 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 compliance document

•a weighbridge for obtaining a measurement ticket

(4)Also, for subsection (1), the testing is any testing necessary to confirm the safe operation of the vehicle as part of an inspection mentioned in subsection (3)(a).

12   Conditionally registered vehicles not to be used on road in contravention of conditional registration guideline conditions

A person must not permit a conditionally registered vehicle to be used on a road unless the conditions for the vehicle stated in the conditional registration guideline allow the vehicle to be used on the road.

Maximum penalty—30 penalty units.

13   Person may apply for authorisation to use unregistered vehicle on roads

(1)A person may apply to the chief executive for an authorisation to use either of the following on a road—

(a)a particular unregistered vehicle;

(b)a class of unregistered vehicle.

Note—

See part 9, division 2 for requirements for particular applications.

(2)The application may be made even if the unregistered vehicle or class of unregistered vehicle does not comply with a vehicle law applying to the vehicle or class.

(3)However, a person may not make an application under subsection (1) in relation to an unregistered heavy vehicle, or a class of unregistered vehicle to the extent the class includes the heavy vehicle, if the vehicle does not comply with a vehicle law.

14   Deciding application

(1)The chief executive must, after considering an application made under section 13—

(a)refuse the authorisation; or

(b)grant the authorisation, with or without conditions.

(2)The chief executive may grant the authorisation only if the chief executive is satisfied the use of the unregistered vehicle or class of unregistered vehicle on the road would not adversely affect road safety or inconvenience other road users.

(3)Before granting, or as a condition of, the authorisation, the chief executive may require the applicant to pay the chief executive’s actual or estimated costs of any of the following the chief executive considers necessary in relation to allowing the unregistered vehicle or class of unregistered vehicle to be used on the road under the authorisation—

(a)assessing the vehicle’s route and preparing the relevant plans and estimates;

(b)preparing, strengthening, repairing, replacing or reconstructing road transport infrastructure on the vehicle’s route;

(c)ensuring compliance with a condition or proposed condition of the authorisation.

(4)Subsection (3) does not apply in relation to an authorisation to use either of the following on a road—

(a)an unregistered vehicle that is a heavy vehicle;

(b)a class of unregistered vehicle to the extent the class includes a heavy vehicle.

15   If application refused

(1)If the chief executive decides to refuse the authorisation, the chief executive must give the applicant written notice of the refusal.

(2)The notice must state—

(a)the decision to refuse; and

(b)the reasons for the refusal; and

(c)that the decision may be reviewed under section 213.

16   If application granted

(1)If the chief executive decides to grant the authorisation, the chief executive must give the applicant a written authorisation.

(2)The authorisation must state the following particulars—

(a)the unregistered vehicle or class of unregistered vehicle to which the authorisation applies;

(b)the road on which the vehicle or class of vehicle may be used under the authorisation;

(c)the term, of not longer than 5 years, for which the authorisation is granted;

(d)the conditions, if any, on which the authorisation is granted.

17   Permit to use intercepted unregistered vehicle on road

(1)This section applies if an authorised officer—

(a)finds either of the following on a road—

(i)a stationary unregistered vehicle;

(ii)an unregistered vehicle that has been stopped under section 31 or 32 of the Act, the Police Powers and Responsibilities Act 2000 or the Heavy Vehicle National Law (Queensland); and

(b)does either of the following in relation to the vehicle—

(i)gives an infringement notice or notice to appear for a contravention of section 10;

(ii)completes a report for dealing with a contravention of section 10 at a later time.

(2)The authorised officer may grant a permit authorising the use of the vehicle on a road to move it to a stated place.

(3)The permit must—

(a)be in the approved form; and

(b)state the term, of not longer than 24 hours, for which it is granted; and

(c)state the conditions, if any, on which it is granted; and

(d)state—

(i)if subsection (1)(b)(i) applies—the number of the infringement notice or notice to appear; or

(ii)if subsection (1)(b)(ii) applies—that the contravention of section 10 is to be dealt with at a later time either by giving an infringement notice or notice to appear or by taking a proceeding by complaint and summons under the Justices Act 1886.

(4)In this section—

infringement notice means an infringement notice under the State Penalties Enforcement Act 1999.

notice to appear means a notice to appear under the Police Powers and Responsibilities Act 2000.

Part 3    Vehicle registration

Division 1 Registration

Subdivision 1 Applying for registration

18   Vehicles eligible for registration

(1)A vehicle is eligible for registration if—

(a)the vehicle complies with the vehicle laws applying to the vehicle; and

(b)the vehicle’s garage address is in Queensland.

(2)Also, a vehicle that does not comply with a vehicle law applying to the vehicle is eligible for registration if the conditional registration guideline or a heavy vehicle standards exemption applies to the vehicle.

19   Person may apply to register vehicle

(1)A person may apply to the chief executive to register a vehicle eligible for registration under section 18 in the person’s name.

Note—

See part 9, division 2 for requirements for particular applications.

(2)However, if the vehicle is a category 2 vehicle, the person may apply only if the person is—

(a)a corporation; or

(b)an individual who is at least 18.

20   Requirements for registration application

(1)A registration application for a vehicle must state—

(a)the term of registration applied for; and

(b)if section 18(2) applies to the vehicle—the type of conditional registration applied for.

(2)The registration application must be accompanied by the following—

(a)the registration fee for the vehicle;

(b)the following fees stated in schedule 4—

(i)the plate fee stated in schedule 4, part 1 or 2 for the number plates for the vehicle;

(ii)if the term of registration applied for is less than 1 year—the surcharge stated in schedule 4, part 3 for processing the application;

(iii)if the application is for a type of conditional registration—the registration administration fee stated in schedule 4, part 3 for the type;

(iv)if the vehicle is a category 2 vehicle, other than a trailer, and subparagraph (iii) does not apply—the registration administration fee stated in schedule 4, part 3 for the vehicle;

(v)if the vehicle is a category 1 vehicle, other than a trailer, and subparagraph (iii) does not apply—the traffic improvement fee stated in schedule 4, part 3 for the vehicle;

(c)an 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;

(d)if the vehicle is a COI vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 and the vehicle’s owner will be, if the registration application is granted, required to ensure a certificate of inspection is in effect for the vehicle under that regulation—prescribed evidence that a certificate of inspection is in effect for the vehicle;

(e)if paragraph (d) does not apply to the vehicle—prescribed evidence that an inspection certificate is in effect for the vehicle, unless—

(i)the vehicle is a motorised mobility device; or

(ii)both of the following apply—

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

(B)when the registration application is made, the vehicle’s odometer displays a distance of 500km or less; or

(iii)the vehicle is a vehicle mentioned in the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 69; or

(iv)the application is for registration of the vehicle in the name of a dealer for the purpose of selling the vehicle; or

(v)the proposed garage address for the vehicle is in an exempt area for the vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021; or

(vi)the vehicle is a light vehicle that will be maintained under an alternative compliance scheme approved by the chief executive;

(f)vehicle registration duty, if any, imposed on the application under the Duties Act 2001, chapter 9;

(g)if there is a gas system in the vehicle—a gas compliance document for the system;

(h)if the applicant is relying on section 187 or 188 in relation to the registration—the supporting material required under section 189.

Notes—

1Under sections 19J and 19L of the Act, an application for the registration of a vehicle must be accompanied by a statutory declaration in particular circumstances.

2See part 9, division 2 for requirements for particular applications.

21   Deciding registration application

(1)The chief executive must, after considering a registration application for a vehicle—

(a)refuse the application under section 22 or 23; or

(b)grant the application.

(2)Subsection (3) applies if the chief executive grants an application to register a conditionally registrable vehicle.

(3)The chief executive must impose 1 of the following conditions, as stated in the guideline or exemption for the vehicle, on the registration of the vehicle—

(a)a condition restricting the use of the vehicle to a stated area or stated purpose (a limited access registration);

(b)a condition limiting the distance, for each stated zone, that a vehicle may travel on a single journey in the zone (a zone access registration);

(c)a condition, other than a condition mentioned in paragraph (a) or (b), for the vehicle (an unrestricted access registration).

(4)The registration of a vehicle to which a condition applies under subsection (3) is a conditional registration.

22   Grounds on which chief executive may refuse registration application

(1)The chief executive may refuse a registration application for 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—

(i)that is recorded in the register as a repairable write-off; and

(ii)for which there is no written-off vehicle inspection report; 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—

(i)a written-off vehicle inspection report for the vehicle; or

(ii)a report for the vehicle that is, under the corresponding law, equivalent to a written-off vehicle inspection report; or

(e)a person has committed an offence by giving, or purporting to give—

(i)a written-off vehicle inspection report for the vehicle under this regulation; or

(ii)a report that is equivalent to a written-off vehicle inspection report for the vehicle under a corresponding law to this regulation; or

(f)an approved examiner has approved an inspection certificate for the vehicle in contravention of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 85(3); or

(g)there are unpaid fines or penalties resulting from the use of the vehicle in Queensland or another State; or

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

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

(ii)the reason for the cancellation or suspension still exists; or

(i)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.

(2)Also, the chief executive may refuse a registration application for a vehicle if—

(a)all or 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); and

(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; and

(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.

23   Grounds on which chief executive must refuse registration application

The chief executive must refuse a registration application for a vehicle if—

(a)the vehicle is not eligible to be registered under section 18; or

(b)the chief executive reasonably believes all or part of the vehicle is or may be stolen; or

(c)for a conditionally registrable vehicle—

(i)if the vehicle is a heavy vehicle—the chief executive is not satisfied the vehicle complies with a heavy vehicle standards exemption; or

(ii)if the conditional registration guideline applies to the vehicle—the chief executive is not satisfied the vehicle complies with the guideline.

24   Power to require further information not limited

Sections 21 and 23 are subject to section 195.

25   If registration application refused

(1)If the chief executive decides to refuse a registration application for a vehicle, the chief executive must give the applicant written notice of the refusal.

(2)The notice must state—

(a)the decision to refuse; and

(b)the reasons for the refusal; and

(c)if the decision to refuse may be reviewed under section 213—that the decision may be reviewed under that section.

(3)The decision may not be reviewed under section 213 if 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.

26   If registration application granted

If the chief executive decides to grant a registration application for a vehicle, the chief executive must record in the register the details required for the vehicle under section 112.

27   Registration certificates

(1)If the chief executive records details for a vehicle under section 26, the chief executive must make a registration certificate for the vehicle available to the registered operator of the vehicle.

(2)The registration certificate must include each of the following details for the vehicle—

(a)the registered operator’s name;

(b)the day the registration expires;

(c)the vehicle’s registration number;

(d)the make of the vehicle;

(e)if the vehicle has a VIN—the VIN;

(f)if the vehicle does not have a VIN—the vehicle’s chassis number or engine number;

(g)the vehicle’s GVM;

(h)if the vehicle has a GCM—the GCM;

(i)if the vehicle is a heavy vehicle—the charging code for the vehicle;

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

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

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

(k)if the vehicle is a conditionally registered vehicle, other than a heavy vehicle—

(i)the conditions for use applying to the vehicle stated in the conditional registration guideline; and

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

(3)The certificate of registration may include other information required to be kept in the register for the vehicle under section 112.

(4)In this section—

charging code, for a heavy vehicle, means the code, assigned by the chief executive, to the category of vehicle mentioned in schedule 3 to which the vehicle belongs.

Subdivision 2 Term of registration

28   Term

(1)A vehicle may be registered for a term of—

(a)1 year; or

(b)6 months.

(2)Also, a vehicle may be registered for a term of 3 months if—

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

(b)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

(c) both of the following apply—

(i)the registered operator of the vehicle is a dealer;

(ii)the vehicle’s purpose of use is recorded in the register or nominated in a registration application as dealer purposes; or

(d)the applicant for registration of the vehicle agrees to the matters mentioned in subsection (5).

(3)In addition, a vehicle may be registered for a term of 1 month if the applicant for registration of the vehicle agrees to the matters mentioned in subsection (5).

(4)Also, the chief executive may approve another term if—

(a)the applicant for registration of the vehicle asks to register the vehicle for a stated term of up to 14 months; and

(b)the chief executive considers that, because of extraordinary circumstances, it would be reasonable to register the vehicle for the stated term.

Note—

See part 9, division 2 for requirements for particular applications.

(5)For subsections (2)(d) and (3), the matters are—

(a)any amounts payable by the applicant under this regulation in relation to the registration will be paid under a direct debit arrangement; and

(b)the applicant will receive all communication in relation to the registration electronically.

29   When term of registration starts

The term of registration of a vehicle starts—

(a)if an exemption under section 225 has been granted for the vehicle—on the day a certificate of registration for the vehicle is made available under section 27; or

(b)otherwise—on the day the chief executive gives the applicant a receipt for payment of the fees payable under this regulation for the registration.

30   When term of registration expires

The term of registration for a vehicle expires—

(a)if the registration is cancelled before the recorded expiry day for the registration—when the cancellation takes effect; or

(b)otherwise—at the end of the recorded expiry day for the registration.

Division 2 Renewal of registration

31   Renewal notice

(1)The chief executive may, before the recorded expiry day for a vehicle’s registration, give a notice about renewing the registration to—

(a)if the registered operator of the vehicle has given the chief executive a direction to send the notice to another person—the other person; or

Note—

See part 9, division 3 for requirements for particular customer communications.

(b)otherwise—the registered operator of the vehicle.

(2)The notice must state—

(a)the recorded expiry day for the registration; and

(b)that if the registration is not renewed on or before the recorded expiry day, the registration expires; and

(c)that if the registration is renewed after the recorded expiry day, the renewal application for the registration must be accompanied by the administrative fee stated in schedule 4, part 3 for the renewal.

(3)If the chief executive does not send, or the registered operator does not receive, the notice, the non-receipt of the notice by the registered operator does not affect—

(a)the expiry of the registration; or

(b)if the registered operator intends to use the vehicle on a road after the recorded expiry day—the registered operator’s obligation to renew the registration before the registration expires.

32   Renewal application

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

Note—

See part 9, division 2 for requirements for particular applications.

(2)The application must be made on or before the day that is 3 months after the recorded expiry day for the registration.

(3)However, if the vehicle is a prescribed heavy vehicle for which a deferral for a period has been given by the chief executive under section 35, 183 or 190, the application must be made on or before the last day of the period.

(4)Also, the chief executive may accept a renewal application for a vehicle’s registration made other than when required under subsection (2) or (3), if the chief executive considers it reasonable in the circumstances to do so.

(5)Nothing in this section has the effect of retrospectively registering a vehicle.

33   Requirements for renewal application

(1)A person’s renewal application for a vehicle must be accompanied by the following—

(a)the registration fee for the vehicle;

(b)the following fees stated in schedule 4, part 3—

(i)if the application is for the renewal of conditional registration—the registration administration fee for the conditional registration;

(ii)if the vehicle is a category 2 vehicle, other than a trailer, and subparagraph (i) does not apply—the registration administration fee for the vehicle;

(iii)if the vehicle is a category 1 vehicle, other than a trailer, and subparagraph (i) does not apply—the traffic improvement fee for the vehicle;

(iv)if the application is made after the registration expires—the administrative fee for the renewal;

(v)if the applicant is required to pay a surcharge for processing the application under section 37—the surcharge;

(c)an 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;

(d)if the vehicle is a COI vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 whose owner will be, if the renewal application is granted, required to ensure a certificate of inspection is in effect for the vehicle under that regulation—prescribed evidence that a certificate of inspection is in effect for the vehicle;

(e)if the applicant is relying on section 187 or 188 in relation to the renewal—the supporting material required under section 189.

(2)The renewal application must state the term of registration applied for.

34   Deciding renewal application

(1)The chief executive must, after considering a renewal application for a vehicle—

(a)refuse the application; or

(b)grant the application.

(2)Sections 21, 22 and 23 apply to a renewal application for a vehicle as if a reference in those sections to a registration application for a vehicle were a reference to the renewal application for the vehicle.

35   Seasonal registration—deferral of day by which renewal application for seasonal heavy vehicle must be made

(1)This section applies in relation to a seasonal heavy vehicle if the current term of the vehicle’s registration is 3 or 6 months.

(2)The chief executive may, on or before the recorded expiry day for the seasonal heavy vehicle’s registration, defer the day by which a renewal application for the vehicle must be made for a period of not longer than a year.

(3)This section does not limit a deferral of the seasonal heavy vehicle’s renewal of registration under section 183 or 190.

36   When renewed term of registration expires

(1)The day a renewed term of a vehicle’s registration expires must be worked out as if the term had started on—

(a)if the registration is renewed during a deferral period mentioned in section 35(2), 183(2) or 190(2) for the renewal—the day the registration was renewed; or

(b)otherwise—the day after the recorded expiry day for the registration.

(2)Nothing in subsection (1) has the effect of retrospectively registering a vehicle.

37   When surcharge is payable for renewal

(1)This section applies to a renewal application for a vehicle for a term of less than 1 year.

(2)Also, this section applies if—

(a)a renewal application for a vehicle is accompanied by an insurance certificate mentioned in section 33(1)(c); and

(b)despite the requirement under section 33(1), the applicant underpays the registration-related amount for the renewal by more than $1 below what the registration-related amount would be if the registration fee payable under section 33(1)(a) for the renewal were for 1 year’s registration.

(3)In addition, this section applies if—

(a)a renewal application for a vehicle is not accompanied by an insurance certificate mentioned in section 33(1)(c); and

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

(i)the registration fee payable under section 33(1)(a) for the renewal was for 1 year’s registration; and

(ii)the CTP insurance premium payable under section 33(1)(c) in relation to the renewal was the lowest premium set by a CTP insurer for a CTP insurance policy covering 1 year’s registration.

(4)The applicant must pay the surcharge stated in schedule 4, part 3 for processing the renewal application.

38   Term of registration if overpayment or underpayment of registration-related amount and any surcharge

(1)This section applies if—

(a)a renewal application for a vehicle is not accompanied by an insurance certificate mentioned in section 33(1)(c); and

(b)the applicant overpays or underpays the total of the following amounts—

(i)the registration-related amount for the renewal;

(ii)a surcharge payable for processing the application under section 33(1)(b)(v) or 37(4).

(2)The chief executive may renew the registration for a term adjusted in proportion to the amount paid after deducting—

(a)the surcharge; and

(b)if an administrative fee stated in schedule 4, part 3 is payable for the renewal—the administrative fee.

(3)However, if the amount paid is more than $1 below what the total of the registration-related amount and the surcharge would be if a CTP insurance premium, payable under section 33(1)(c) in relation to the renewal for the minimum available term of registration for the vehicle, was the lowest premium set by a CTP insurer for a CTP insurance policy, the chief executive—

(a)must not renew the vehicle’s registration under subsection (2); and

(b)must refund the amount paid to the applicant.

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

(a)may only renew the registration for 14 months; and

(b)must refund the difference between the amount paid and the registration-related amount for the 14-month renewal to the applicant.

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

(a)round the term down to the nearest whole day; and

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

(6)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, make available to the applicant a notice stating—

(i)the term of registration for the vehicle; and

(ii)if subsection (4) or (5) applies—the reason for any amount refunded or credited to the applicant.

(7)In this section—

minimum available term of registration, for a vehicle, means—

(a)if the vehicle is a category 2 vehicle—3 months; or

(b)otherwise—6 months.

39   Administrative fee for late payment if purported non-cash payment not received

(1)This section applies in relation to a renewal application for a vehicle if—

(a)before the recorded expiry day for the vehicle’s registration, all or part of the total amount payable for the renewal is purportedly paid using a payment method other than a cash payment; and

(b)the total amount payable in relation to the renewal is not received by the chief executive on or before the recorded expiry day; and

(c)after the recorded expiry day, all, or the remainder of, the total amount payable is paid to the chief executive.

(2)The applicant for renewal must pay the administrative fee stated in schedule 4, part 3 for the renewal.

40   When renewal of registration takes effect and requirement to record expiry day

(1)The renewal of a vehicle’s registration takes effect—

(a)if all transactions relating to the renewal are completed on or before the recorded expiry day for the registration—immediately after the expiry of the term of registration being renewed; or

(b)otherwise—on the completion of all transactions relating to the renewal.

(2)The chief executive must, on the completion of all transactions relating to the renewal, record in the register the day the renewed term of registration expires.

Division 3 Transferring registration

41   Definitions for division

In this division—

acquirer, of a registered vehicle, means a person who buys or otherwise acquires the vehicle.

acquisition, of a registered vehicle, means the purchase or other lawful acquisition of the vehicle.

disposal, of a vehicle, see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, schedule 4.

disposal notice see section 44(1)(b).

disposer, of a registered vehicle, means a person who sells or otherwise disposes of the vehicle.

42   Acquirer of registered vehicle must apply for transfer

(1)This section applies to an acquirer of a registered vehicle, other than—

(a)a dealer; or

(b)an acquirer of a vehicle from a dealer for which section 47 applies; or

(c)an acquirer of a vehicle to whom section 49(1) applies.

(2)The acquirer must—

(a)apply to the chief executive to transfer the vehicle’s registration to the acquirer; and

(b)ensure the application is made within 14 days after the acquisition, unless the acquirer has a reasonable excuse.

Maximum penalty—16 penalty units.

Note—

See part 9, division 2 for requirements for particular applications.

(3)The application must be accompanied by the following—

(a)the fee stated in schedule 4, part 5 for the application;

(b)if an amount relating to the vehicle’s registration is payable, or has become payable because of the acquisition, under this regulation—the amount;

Example of an amount payable—

fee for renewing the vehicle’s registration

Example of an amount that has become payable because of an acquisition of the vehicle—

the amount of an exemption from a fee in relation to the vehicle’s registration to which the acquirer is not entitled

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

(d)if there is a gas system in the vehicle—a gas compliance document for the system;

(e)if the acquisition involves a disposal to which the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 75 applies—prescribed evidence that an inspection certificate was in effect for the vehicle at the time of the disposal.

43   Dealer must give notice of acquisition

(1)A dealer who acquires a registered vehicle must—

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

Note—

See part 9, division 3 for requirements for particular customer communications.

(b)ensure the notice is given to the chief executive within 14 days after the acquisition, unless the dealer has a reasonable excuse.

Maximum penalty—16 penalty units.

(2)If the dealer acquires the registered vehicle from another dealer (the disposing dealer), subsection (1) does not apply if both dealers agree, in writing, that the disposing dealer will apply, or give notice, under section 44 within 14 days after the acquisition.

44   Application for transfer, or notice of disposal, by disposer of registered vehicle

(1)A disposer of a registered vehicle may—

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

Note—

See part 9, division 2 for requirements for particular applications.

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

Note—

See part 9, division 3 for requirements for particular customer communications.

(2)An application under subsection (1)(a) must be accompanied by the following—

(a)if there is a gas system in the registered vehicle—a gas compliance document for the system;

(b)if the acquisition involves a disposal to which the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 75 applies—prescribed evidence that an inspection certificate was in effect for the vehicle at the time of the disposal.

45   Statement to be given if particular details of disposer can not be provided

(1)This section applies if an acquirer of a registered vehicle can not state the full name and address, or include the signature, of the disposer of the vehicle in—

(a)an application to transfer the vehicle’s registration under section 42; or

(b)a notice of the acquisition under section 43(1).

(2)The acquirer must give a statement to the chief executive to the effect that the acquirer can not state the full name and address, or include the signature, of the disposer.

Note—

See part 9, division 3 for requirements for particular customer communications.

46   Chief executive may require acquirer to apply for transfer of registration

(1)This section applies if the chief executive is satisfied an acquirer of a registered vehicle has not applied to transfer the vehicle’s registration under section 42.

(2)The chief executive may, by written notice given to the acquirer, require the acquirer to comply with section 42 within 14 days after the notice is given.

(3)The acquirer must comply with the notice unless the acquirer has a reasonable excuse.

Maximum penalty—16 penalty units.

Note—

See also section 59(1)(b).

47   Dealer from whom acquirer acquires vehicle must apply for transfer of registration

(1)This section applies if—

(a)an acquirer acquires a registered vehicle from a dealer; and

(b)the dealer accepts from the acquirer an amount mentioned in section 42(3)(a), (b) or (c).

(2)The dealer must—

(a)apply to the chief executive on the acquirer’s behalf to transfer the registered vehicle’s registration to the acquirer; and

Note—

See part 9, division 2 for requirements for particular customer applications.

(b)ensure the application is made within 14 days after the acquisition, unless the dealer has a reasonable excuse.

Maximum penalty—16 penalty units.

(3)Section 42(3) applies to the application as if it were an application made under that section.

48   Chief executive may update register on receiving application, notice or statement

(1)Subsection (2) applies if the chief executive—

(a)receives an application to transfer a registered vehicle’s registration to an acquirer under section 42, 44(1)(a) or 47; or

(b)receives a notice about an acquisition of a registered vehicle under section 43(1); or

(c)receives a statement given under section 45(2) and is satisfied the information contained in the statement is correct.

(2)The chief executive may—

(a)record in the register the transfer of the registered vehicle’s registration to the acquirer and the date of the acquisition; and

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

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

(d)make available to the acquirer an updated registration certificate for the vehicle.

(3)If the chief executive receives a disposal notice under section 44(1)(b), the chief executive may—

(a)record in the register the date of disposal; and

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

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

(4)If the chief executive acts under subsection (3), the acquirer is taken to be the registered operator of the vehicle until the chief executive receives—

(a)another disposal notice for the vehicle; or

(b)an application to transfer the vehicle’s registration to another person.

49   Transferring registration under legal process

(1)A person who acquires a registered vehicle under a legal process must—

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

Note—

See part 9, division 3 for requirements for particular customer communications.

(b)ensure the notice is given to the chief executive within 14 days after the acquisition, unless the person has a reasonable excuse.

Maximum penalty—16 penalty units.

(2)A person who, by repossessing a registered vehicle that is not redeemed within 28 days after the repossession, acquires the vehicle must—

(a)give the chief executive—

(i)notice of the repossession; and

(ii)details of the proposed registered operator of the vehicle; and

Note—

See part 9, division 3 for requirements for particular customer communications.

(b)ensure the notice and details are given to the chief executive within a further 7 days, unless the person has a reasonable excuse.

Maximum penalty—16 penalty units.

(3)If a person mentioned in subsection (1) or (2) can not include the signature of the vehicle’s registered operator in a notice given under this section, the person must give the chief executive a statement to that effect with the notice.

Note—

See part 9, division 3 for requirements for particular customer communications.

(4)Subsection (5) applies if—

(a)a notice given to the chief executive under subsection (1) or (2) includes the signature of the vehicle’s registered operator; or

(b)the chief executive is satisfied—

(i)the information contained in a statement given by a person under subsection (3) is correct; and

(ii)the person has a lawful entitlement to the vehicle.

(5)The chief executive may—

(a)record in the register the transfer of the registered vehicle’s registration to the proposed registered operator of the vehicle, including the day of the acquisition stated in the notice; and

(b)substitute the name and address of the person for those of the existing 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; and

(d)make an updated registration certificate for the vehicle available to the person.

(6)Section 42(3) applies to the notice as if it were an application made under that section.

50   Chief executive may refuse to record transfer of registration

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

(a)both of the following apply—

(i)the vehicle is a conditionally registered vehicle;

(ii)the conditional registration guideline or heavy vehicle standards exemption applying to the vehicle contains a condition that the registration is not transferable; or

(b)the chief executive reasonably believes—

(i)there is uncertainty about the ownership, possession or control of the vehicle; or

(ii)the description of the vehicle as recorded in the register may be inaccurate; or

(c)the chief executive would, if the vehicle were the subject of a registration application for a vehicle, refuse the application.

(2)If the chief executive is given a copy of a current order of an Australian court prohibiting the transfer of a vehicle’s registration, the chief executive must not record a transfer of the registration in the register.

(3)Nothing in this section limits the chief executive’s power to refuse to record a transfer of a vehicle’s registration.

Note—

See also section 19M of the Act.

51   If recording of transfer refused

(1)If the chief executive decides to refuse to record in the register a transfer of a vehicle’s registration to a proposed registered operator, the chief executive must give the proposed registered operator written notice of the refusal.

(2)The notice must state—

(a)the decision to refuse; and

(b)the reasons for the refusal; and

(c)that the decision may be reviewed under section 213.

Division 4 Cancelling registration

Subdivision 1 Cancellation by application

52   Application by registered operator

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

(a)the registered operator 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 9, division 2 for requirements for particular applications.

(2)If the application is made under subsection (1)(b)(i), the application must include a statement by, or on behalf of, the registered operator stating the reference number for the police report about the theft.

(3)If the application is made under subsection (1)(b)(iv), the application must be accompanied by the notifiable information for the vehicle, other than whether the vehicle is a repairable write-off or a statutory write-off.

(4)If a person makes an application under subsection (1) on behalf of the registered operator of a vehicle, the application must be accompanied by written evidence of the person’s appointment as the registered operator’s agent.

53   Application by person acting under authority of court to sell vehicle

(1)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 9, division 2 for requirements for particular applications.

(2)The application must be accompanied by written evidence, to the satisfaction of the chief executive, of the authority.

54   Additional requirements for application under s 52 or 53

(1)An application to cancel a vehicle’s registration under section 52 or 53 must be accompanied by—

(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.

(2)Subsection (1) does not apply to an application to cancel a category 2 vehicle’s registration if—

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

(b)the vehicle is equivalently registered.

55   Application by 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)section 100(3) to (11) of the Act applies in relation to the vehicle and a person has not obtained possession of the vehicle under section 100(6) of the Act; or

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

(2)The application must—

(a)include a statement that the chief executive officer of the local government has, in relation to the vehicle, 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)be accompanied by any number plates for the vehicle, other than special plates, that were attached to the vehicle at the time the vehicle was removed and detained under section 100(3) of the Act.

Note—

See part 9, division 2 for requirements for particular applications.

56   Application by 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)(a), 74F(2)(a) or 101(6)(a); 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)The application must—

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

(b)be accompanied by any number plates for the vehicle, other than special plates, that were attached to the vehicle at the time the vehicle became the property of, or was forfeited or taken to have been forfeited, to the State under the Police Powers and Responsibilities Act 2000.

Note—

See part 9, division 2 for requirements for particular applications.

Subdivision 2 Cancellation by chief executive

57   Equivalently registered vehicles

(1)This section applies if the chief executive knows a vehicle is equivalently registered.

(2)The chief executive may cancel the vehicle’s registration.

(3)If the chief executive cancels a vehicle’s registration under this section, the chief executive must record the cancellation in the register.

58   Noncompliance with notice about defective or unsafe vehicle—Act, s 18

(1)Schedule 7 prescribes, for section 18(1)(s) of the Act, grounds on which the chief executive may cancel the registration of a registered vehicle.

(2)If the chief executive decides to cancel the registration of a registered vehicle under section 19(2)(c)(iii) of the Acton a ground stated in schedule 7, the chief executive must—

(a)record the cancellation in the register; and

(b)include, in the written notice about the decision given under section 19(3) of the Act, a request that the person to whom the notice is given return the number plates for the vehicle to the chief executive within 14 days after the notice is given (the return period).

(3)The person must comply with the request mentioned in subsection (2)(b) within the return period.

Maximum penalty—20 penalty units.

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

Note—

See part 9, division 3 for requirements for particular customer communications.

59   Other grounds—Act, s 18

(1)For section 18(1)(s) of the Act, a ground exists for the chief executive to cancel the registration of a vehicle if—

(a)the vehicle does not comply with the vehicle laws applying to the vehicle; or

(b)an acquirer of the vehicle does not comply with a notice given to the acquirer under section 46(2); or

(c)each of the following applies—

(i)before the recorded expiry day for the registration, all or part of the total amount payable for the registration, or the renewal of the registration, is purportedly paid using a payment method other than a cash payment;

(ii)the total amount payable in relation to the registration or renewal is not received by the chief executive on or before the recorded expiry day; or

(d)the vehicle is recorded in the register as a written-off vehicle.

(2)If the chief executive decides to cancel the vehicle’s registration under section 19(2)(c)(iii) of the Acton a ground mentioned in subsection (1), the chief executive must—

(a)record the cancellation in the register; and

(b)include, in the written notice about the decision given under section 19(3) of the Act, a request that the person to whom the notice is given return the number plates for the vehicle to the chief executive within 14 days after the notice is given (the return period).

(3)The person must comply with the request mentioned in subsection (2)(b) within the return period.

Maximum penalty—20 penalty units.

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

Note—

See part 9, division 3 for requirements for particular customer communications.

60   Cancellation of heavy vehicle’s registration by court

(1)This section applies if a court makes an order under the Heavy Vehicle National Law (Queensland), section 598(2) that the registration of a heavy vehicle is cancelled.

(2)The chief executive must—

(a)record the cancellation in the register; and

(b)give written notice to the last registered operator of the heavy vehicle—

(i)stating the cancellation has been recorded; and

(ii)requiring the registered operator to return the vehicle’s number plates to the chief executive within 14 days after the notice is given (the return period).

(3)The registered operator must comply with the requirement mentioned in subsection (2)(b)(ii) within the return period.

Maximum penalty—20 penalty units.

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

Note—

See part 9, division 3 for requirements for particular customer communications.

60A    Entities prescribed—Act, ss 19D and 19E

(1)For section 19D of the Act, definition advertising standards entity, Ad Standards ABN 54 003 179 673 is prescribed.

(2)For section 19E(4) of the Act, definition community panel, the Ad Standards Community Panel is prescribed.

Subdivision 3 Cancellation

61   Cancelling registration

(1)If the chief executive receives an application to cancel a vehicle’s registration under subdivision 1, the chief executive may—

(a)cancel the vehicle’s registration; and

(b)record the cancellation in the register.

(2)However, this section does not apply if the chief executive is already taking action to cancel the vehicle’s registration under section 58 or 59.

62   When cancellation on application by vehicle’s registered operator takes effect

(1)This section applies if a vehicle’s registration is cancelled on an application by the registered operator under section 52.

(2)If the application is made under section 52(1)(a) or (b)(ii) or (iii), the cancellation takes effect on the day the chief executive receives the application.

(3)However, if the application is made under section 52(1)(b)(ii) and the chief executive is satisfied the vehicle is equivalently registered, the cancellation is taken to have been effective on the day immediately after the day the vehicle became equivalently registered.

(4)If the application is made under section 52(1)(b)(i), the cancellation takes effect, or is taken to have been effective, on the day after the vehicle is reported as stolen to the Queensland Police Service.

(5)If the application is made under section 52(1)(b)(iv), the cancellation takes effect, or is taken to have been effective, on the day after the day the vehicle became a total loss.

63   When cancellation by chief executive under s 57 takes effect

If the chief executive cancels a vehicle’s registration under section 57, the cancellation is taken to have been effective on the day immediately after the day the vehicle was registered in the other State.

64   When cancellation on other grounds takes effect

A cancellation of registration, other than a cancellation mentioned in section 62 or 63, takes effect on the day the chief executive records the cancellation in the register.

Subdivision 4 Refunding or recovering registration fees

65   Partial refund of vehicle registration fee

(1)This section applies if the chief executive cancels a vehicle’s registration under section 57(2) or 61.

(2)The chief executive must partially refund the registration fee paid for the vehicle to the last registered operator of the vehicle.

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

number of days means the number of unexpired whole days of the term of registration for which the registration fee was paid, starting on the day the cancellation of the registration takes effect under this division.

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

(a)the administration fee stated in schedule 4, part 5 for making the refund; and

(b)any unpaid fees payable by the vehicle’s last registered operator under the Act.

66   Chief executive may recover proportion of unpaid registration fee

(1)This section applies if the chief executive cancels a vehicle’s registration on the ground mentioned in section 59(1)(c).

(2)The chief executive may, by written notice, require the last registered operator of the vehicle to pay the total of any unpaid amount payable in relation to the registration, adjusted in proportion to the period ending on the day the registration is cancelled.

(3)The registered operator must—

(a)pay the adjusted amount to the chief executive; and

(b)ensure the payment is made within 28 days after the chief executive gives the notice, unless the person has a reasonable excuse.

Maximum penalty—

(a)if the amount relates to a category 1 vehicle—20 penalty units; or

(b)if the amount relates to a category 2 vehicle—60 penalty units.

Division 5 Other provisions relating to registration

67   Vehicle inspections

(1)The chief executive may require a vehicle for which a registration application has been made to be brought to the chief executive for an inspection—

(a)before the vehicle is registered; or

(b)if the vehicle is recorded in the register as a repairable write-off—before the chief executive changes the register so 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—

(i)is not clearly legible; or

(ii)appears to have been altered or defaced; or

(b)if the vehicle is 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 may give a replacement identifying number for the vehicle.

(4)If the chief executive gives a replacement identifying number for a motor vehicle under subsection (3) and a permission mentioned in section 134(b)(ii) of the Actis given by the commissioner for the number, the applicant must ensure the number is placed on the vehicle.

Maximum penalty—8 penalty units.

(5)The applicant must comply with subsection (4) even if the applicant does not intend to register the vehicle.

(6)The chief executive may, by written notice given to the applicant, request the return of the vehicle for further inspection if the chief executive considers a particular recorded in the register for the vehicle may not be accurate after—

(a)the vehicle has been registered; or

(b)the register has been changed so the vehicle is no longer recorded as a repairable write-off.

(7)The applicant must comply with the notice.

Maximum penalty—8 penalty units.

68   Registered operator must notify chief executive of particular changes

(1)This section applies if any of the following for a registered vehicle changes—

(a)the name or address of the registered operator of the vehicle;

(b)the vehicle’s garage address;

(c)the vehicle’s nominated purpose of use;

(d)if the vehicle is a category 2 vehicle—the vehicle’s nominated configuration.

(2)The registered operator of the vehicle must—

(a)give the chief executive—

(i)notice of the change; and

Note—

See part 9, division 3 for requirements for particular customer communications.

(ii)for a change of the registered operator’s name—written evidence, satisfactory to the chief executive, of the change; and

(b)ensure the notice and evidence are given to the chief executive within 14 days after the change, unless the registered operator has a reasonable excuse.

Maximum penalty—8 penalty units.

(3)In this section—

address includes a postal address.

69   Requirements relating to modification of vehicles

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

Maximum penalty—8 penalty units.

Note—

See part 9, division 3 for requirements for particular customer communications.

(2)Subsection (3) applies if—

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

(b)at least 1 of the following applies—

(i)the modification changes a detail for the vehicle recorded in the register under section 112(2)(b), (c) or (d);

(ii)because of the modification, the registration fee applicable to the vehicle is reassessed under section 71 as being higher than the registration fee paid for its current registration.

(3)The registered operator must not use the vehicle on a road until—

(a)the chief executive has been notified of the modification; and

(b)if subsection (2)(b)(ii) applies—the registered operator has complied with section 71(5).

(4)In this section—

modify, a registered vehicle, means modify any of the following—

(a)the vehicle’s axle configuration;

(b)the vehicle’s carrying capacity;

(c)a feature of the vehicle whose details must be recorded in the register under section 112(2)(b), (c) or (d);

(d)any other particular of the vehicle that is recorded in the register.

70   Recording change of identifying number or other particulars for vehicle

(1)This section applies if the chief executive—

(a)gives a replacement identifying number for a vehicle under section 67(3); or

(b)is satisfied particulars given under section 68(2) or 69 in relation to a registered vehicle are correct.

(2)The chief executive must—

(a)record the identifying number or particulars in the register; and

(b)make available to the registered operator of the vehicle an updated registration certificate for the vehicle.

71   Reassessment of registration fee on recording of changed particulars

(1)This section applies if—

(a)under section 70(2)(a), the chief executive records in the register particulars given in relation to a registered vehicle; and

(b)the particulars are for a change of the registered vehicle’s purpose of use or modifying the registered vehicle.

(2)The chief executive may reassess the registration fee payable for the registered vehicle for the term (the unexpired term)—

(a)starting on the day of the change or modification; and

(b)ending on the day the registered vehicle’s current term of registration expires.

(3)If the amount of the reassessed registration fee is less than the amount of the registration fee already paid for the unexpired term, the chief executive must refund the difference between the amounts for the unexpired term to the registered operator of the registered vehicle.

(4)If the amount of the reassessed registration fee is more than the amount of the fee already paid for the unexpired term, the chief executive may, by written notice given to the registered operator of the vehicle, require the registered operator to pay the difference between the amounts for the unexpired term within 28 days after the notice is given.

(5)The registered operator must comply with the notice unless the registered operator has a reasonable excuse.

Maximum penalty—60 penalty units.

72   Application of Act, s 56

Section 56 of the Actdoes not apply to registration, or renewal of registration, of a vehicle or dealer plate.

Part 4    When vehicle registration unnecessary

Division 1 Unregistered vehicle permits

73   Application for permit

(1)A person may apply to the chief executive for a permit authorising the use of an unregistered vehicle on a road (an unregistered vehicle permit) for a term of not longer than 7 days.

Note—

See part 9, division 2 for requirements for particular applications.

(2)However, a person may not make an application under subsection (1) in relation to a vehicle that is only eligible for conditional registration under section 18(2).

(3)The application must—

(a)state the term applied for; and

(b)be accompanied by—

(i)the fee stated in schedule 4, part 5 for the application; and

(ii)an insurance certificate required under the Motor Accident Insurance Act 1994 for the vehicle for the proposed term of the permit or the insurance premium payable under that Act for the certificate.

74   Grant of permit

(1)On receiving an application under section 73, the chief executive may—

(a)refuse the application under subsection (4); or

(b)grant the unregistered vehicle permit.

(2)The chief executive may grant the unregistered vehicle permit on conditions.

(3)If the chief executive grants the unregistered vehicle permit, the chief executive must record in the register the details required for the permit under section 115.

(4)The chief executive must refuse the application if—

(a)the vehicle—

(i)does not comply with the vehicle laws applying to the vehicle; or

(ii)is recorded in the register, or in a register kept under a corresponding law to this regulation, as a written-off vehicle; or

(iii)does not have a chassis number or VIN; or

(b)a number plate confiscation notice has been attached to the vehicle under the Police Powers and Responsibilities Act 2000, section 74H(2).

75   If permit not granted

If the chief executive refuses an application under section 74, the chief executive must advise the applicant of—

(a)the decision to refuse; and

(b)the reasons for the refusal.

76   Requirement to carry permit

(1)The holder of an unregistered vehicle permit for a vehicle must, unless the holder has a reasonable excuse, ensure that at all times when the vehicle is being used under the permit on a road—

(a)if the vehicle is a trailer—the driver of the vehicle towing the trailer carries the permit in the towing vehicle; or

(b)otherwise—the driver of the vehicle carries the permit.

Maximum penalty—12 penalty units.

(2)Subsection (3) applies if an unregistered vehicle is being used on a road under an unregistered vehicle permit by a person other than the holder of the permit.

(3)The person must, unless the person has a reasonable excuse—

(a)if the vehicle is a trailer—carry the permit in the vehicle towing the trailer; or

(b)otherwise—carry the permit.

Maximum penalty—12 penalty units.

Division 2 Dealer plates

Subdivision 1 Preliminary

77   Designation of dealer plates

The chief executive may designate a number plate as a dealer plate.

Note—

An unregistered vehicle may be driven on a road if the vehicle has a registered dealer plate attached to it under section 96. See section 10(2)(g).

Subdivision 2 Registration

78   Registration application

(1)A person may apply to the chief executive for registration of a dealer plate in a person’s name.

Note—

See part 9, division 2 for requirements for particular applications.

(2)The application must—

(a)state the term of registration applied for; and

(b)identify and describe the nature of the person’s business for which the dealer plate is required; and

(c)be accompanied by—

(i)the registration fee for the dealer plate; and

(ii)if the term of registration applied for is 6 months—the surcharge stated in schedule 4, part 4 for processing the application; and

(iii)an insurance certificate required under the Motor Accident Insurance Act 1994 for the proposed term of registration or the insurance premium payable under that Act for the certificate.

79   Deciding registration application

(1)The chief executive must, after considering the registration application—

(a)refuse the application under subsection (2); or

(b)grant the application.

(2)The chief executive must refuse the application if the chief executive is not satisfied the person in whose name the registration is to be recorded requires the dealer plate for the conduct of the person’s business.

80   If registration application refused

(1)If the chief executive decides to refuse a registration application for a dealer plate under section 79, the chief executive must give the applicant written notice of the refusal.

(2)The notice must state—

(a)the decision to refuse; and

(b)the reasons for the refusal; and

(c)that the decision may be reviewed under section 213.

81   If registration application granted

If the chief executive decides to grant a registration application for a dealer plate under section 79(1)(b), the chief executive must—

(a)assign a registration number for the dealer plate to the registered operator for the plate; and

(b)record in the register the details required for the dealer plate under section 112(1); and

(c)give the registered operator the dealer plate; and

(d)make available to the registered operator a registration certificate for the dealer plate.

82   Term of registration

(1)A dealer plate may be registered for a term of either—

(a)1 year; or

(b)6 months.

(2)The term of registration starts on the day the chief executive’s receipt for payment of the fees payable under this regulation is given to the applicant for the registration.

(3)The term of registration expires—

(a)if the registration is cancelled under subdivision 5 before the recorded expiry day for the registration—when the cancellation takes effect; or

(b)otherwise—at the end of the recorded expiry day for the registration.

83   Registration not transferable

The registration of a dealer plate is not transferable.

Subdivision 3 Renewing registration

84   Renewal notice

(1)The chief executive may, before the recorded expiry day for a dealer plate’s registration, give a notice about renewing the registration to the registered operator for the plate.

(2)The notice must state—

(a)the recorded expiry day for the registration; and

(b)that if the registration is not renewed on or before the recorded expiry day, the registration expires; and

(c)that if the registration is renewed after the recorded expiry day, the renewal application for the registration must be accompanied by the administrative fee stated in schedule 4, part 4 for the renewal.

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

(a)the expiry of the registration; or

(b)if the registered operator intends to use an unregistered vehicle to which the dealer plate is attached on a road after the recorded expiry day—the registered operator's obligation to renew the registration before it expires.

85   Renewal application

(1)The registered operator for a dealer plate may apply to the chief executive for renewal of the plate’s registration.

Note—

See part 9, division 2 for requirements for particular applications.

(2)The application must be made on or before the day that is 3 months after the recorded expiry day for the registration.

(3)Nothing in subsection (2) has the effect of retrospectively renewing registration of a dealer plate.

86   Requirements for renewal application

A renewal application for a dealer plate must—

(a)state the term of registration, of either 1 year or 6 months, applied for; and

(b)be accompanied by—

(i)the registration fee for the dealer plate; and

(ii)if the applicant is required to pay a surcharge for processing the application under section 90—the surcharge stated in schedule 4, part 4 for processing the application; and

(iii)an insurance certificate required under the Motor Accident Insurance Act 1994 for the proposed term of registration or the insurance premium payable under that Act for the certificate; and

(iv)if the application is made after the registration expires—the administrative fee stated in schedule 4, part 4 for the renewal.

87   Deciding renewal application

(1)The chief executive must, after considering a renewal application for a dealer plate—

(a)refuse the application under subsection (2); or

(b)grant the application.

(2)The chief executive must refuse the application if the chief executive is not satisfied the person in whose name the registration is to be recorded requires the dealer plate for the conduct of the person’s business.

88   If renewal application refused

(1)If the chief executive decides to refuse a renewal application for a dealer plate under section 87, the chief executive must give the applicant written notice of the refusal.

(2)The notice must state—

(a)the decision to refuse; and

(b)the reasons for the refusal; and

(c)that the decision may be reviewed under section 213.

89   When renewed term of registration expires

(1)The day a renewed term of a dealer plate’s registration expires must be worked out as if the term had started on the day after the recorded expiry day for the registration.

(2)Nothing in subsection (1) has the effect of retrospectively registering a dealer plate.

90   When surcharge is payable for renewal

(1)This section applies if a renewal application for a dealer plate is for renewal of the plate’s registration for a term of 6 months.

(2)Also, this section applies if—

(a)a renewal application for a dealer plate is accompanied by an insurance certificate mentioned in section 86(b)(iii); and

(b)despite the requirement under section 86(b)(i), the applicant underpays the registration fee for the renewal by more than $1 below what the fee would be if the renewal were for 1 year’s registration.

(3)In addition, this section applies if—

(a)a renewal application for a vehicle is not accompanied by an insurance certificate mentioned in section 86(b)(iii); and

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

(i)the registration fee payable under section 86(b)(i) for the renewal was for 1 year’s registration; and

(ii)the CTP insurance premium payable under section 86(b)(iii) in relation to the renewal was the lowest premium set by a CTP insurer for a CTP insurance policy covering 1 year’s registration.

(4)The applicant must pay the surcharge stated in schedule 4, part 4 for processing the application.

91   Term of registration if overpayment or underpayment of registration-related amount and any surcharge

(1)This section applies if—

(a)a renewal application for a dealer plate is not accompanied by an insurance certificate mentioned in section 86(b)(iii); and

(b)the applicant overpays or underpays the total of the following amounts—

(i)the registration-related amount for the renewal;

(ii)a surcharge payable for processing the application under section 90(4).

(2)The chief executive may renew the registration for a term adjusted in proportion to the amount paid after deducting—

(a)the surcharge; and

(b)if an administrative fee stated in schedule 4, part 4 is payable for the renewal—the administrative fee.

(3)However, if the amount paid is more than $1 below what the total of the registration-related amount and the surcharge would be if a CTP insurance premium, payable under section 86(b)(iii) in relation to the renewal for 6 months, was the lowest premium set by a CTP insurer for a CTP insurance policy, the chief executive—

(a)must not renew the dealer plate’s registration under subsection (2); and

(b)must refund the amount paid to the applicant.

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

(a)may only renew the registration for 14 months; and

(b)must refund the difference between the amount paid and the registration-related amount for the 14-month renewal to the applicant.

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

(a)round the term down to the nearest whole day; and

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

(6)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—make available to the applicant a notice stating—

(i)the term of registration for the dealer plate; and

(ii)if subsection (4) or (5) applies—the reason for any amount refunded or credited to the applicant.

92   Administrative fee for late payment if purported non-cash payment not received

(1)This section applies in relation to a renewal application for a dealer plate if—

(a)before the recorded expiry day for the dealer plate’s registration, all or part of the total amount payable for the renewal is purportedly paid using a payment method other than a cash payment; and

(b)the chief executive does not receive all of the total amount payable on or before the recorded expiry day; and

(c)after the recorded expiry day, all, or the remainder of, the total amount payable is paid to the chief executive.

(2)The applicant for renewal must pay the administrative fee stated in schedule 4, part 4 for the renewal.

93   When renewal of registration takes effect and requirement to record expiry day

(1)The renewal of a dealer plate’s registration takes effect—

(a)if all transactions relating to the renewal are completed on or before the recorded expiry day for the dealer plate’s registration—immediately after the expiry of the term being renewed; or

(b)otherwise—on the completion of all transactions relating to the renewal.

(2)The chief executive must, on the completion of all transactions relating to the renewal, record in the register the day the renewed term of registration expires.

94   Return of dealer plate if registration not renewed

(1)This section applies if a dealer plate’s registration is not renewed on or before the day the renewal must be applied for under section 85(2).

(2)The chief executive may, by written notice given to the last registered operator for the dealer plate, require the last registered operator to return the plate to the chief executive within 14 days after the notice is given (the return period).

(3)The last registered operator must, within the return period—

(a)if the dealer plate has been lost, stolen or destroyed—give the chief executive notice of the loss, theft or destruction; or

Note—

See part 9, division 3 for requirements for particular customer communications.

(b)otherwise—return the dealer plate to the chief executive.

Maximum penalty—30 penalty units.

Subdivision 4 Using dealer plates

95   Definition for subdivision

In this subdivision—

dealer (trailer trade) plate means a dealer plate described or identified in the register as a dealer plate for use on a trailer.

96   Use of unregistered vehicle with registered dealer plate attached

(1)An unregistered vehicle may be used on a road if—

(a)a registered dealer plate is attached to the vehicle under section 97; and

(b)section 98 is complied with for the vehicle; and

(c)for a vehicle carrying a load or towing a vehicle carrying a load—section 99 is complied with for the vehicle; and

(d)for a trailer—section 100 is complied with for the vehicle.

(2)However, subsection (1) does not apply to an unregistered vehicle that is—

(a)not eligible for registration; or

exempt vehicle see section 4.

farm plate vehicle means a concessionally registered vehicle for which a registration fee was paid under schedule 2, part 2, item 11 or schedule 3, part 4, item 30.

fifth wheel coupling—

(a)means a device used with a prime mover, semitrailer or a converter dolly to—

(i)permit quick coupling and uncoupling; and

(ii)provide for articulation; but

(b)does not include the parts of a semitrailer known as the upper rotating element and the kingpin.

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 Services Act 1990.

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, see section 5.

gas compliance document, 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 to the person to whom the vehicle is sold or transferred before the person takes possession of the vehicle.

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

GCM (gross combination mass)—

1The 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.

2However, 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 2, see section 201.

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

(a)coupled to a towing vehicle; and

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

GVM ...

heavy primary production vehicle means a prescribed heavy vehicle that is—

(a)owned by a primary producer; and

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

heavy vehicle standards exemption means a vehicle standards exemption (notice) or vehicle standards exemption (permit) 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, previously used as an ambulance vehicle, that is currently used for display by an ambulance service or historical ambulance society.

historic firefighting equipment means a vehicle, previously used for firefighting, that is currently used for display by a historical fire brigade society.

identifying number, of a vehicle, means the vehicle’s—

(a)chassis number; or

(b)engine number; or

(c)VIN.

information, for part 9, see section 192.

insolvency entity, for part 10, division 2, see section 201.

inspection approval see section 165(2).

inspection certificate means an inspection certificate under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.

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

interstate register, for part 10, division 2, see section 201.

LAM information, for a motorbike, for part 13, division 1, see section 214.

LAM list see section 218(1).

LAM test report see section 215.

last registered operator, of a vehicle or for a dealer plate for which registration has expired or been cancelled, means the registered operator of the vehicle or for the dealer plate immediately before the expiry or cancellation.

late-model vehicle means a vehicle that is not more than 16 years old, worked out by 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 including a prime mover, means the trailer that is, or that is to be, attached to the prime mover.

learner approved motorbike see section 218(3).

light vehicle see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 5.

limited access registration, for a vehicle, see section 21(3)(a).

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, in the ordinary course of the person’s business, assesses the extent of loss or damage involving a vehicle for another person.

low loader means a gooseneck semitrailer with a loading deck not more than 1m 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 a load directly on itself; and

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

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

(a)under the specifications of the motorbike’s manufacturer 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.

mobile machinery—

(a)means a motor vehicle whose machinery is incorporated in the body of the vehicle; but

(b)does not include—

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

(ii)a tow truck; or

(iii)a conditionally registrable vehicle.

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 Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.

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

motorised golf buggy means a motor vehicle that is designed as transport for persons playing, or persons associated with persons playing, golf.

motorised wheelchair ...

motor race means—

(a)a race involving motor vehicles; or

(b)a practice or 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)—stated 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 measure, for part 8, division 1, see section 178.

natural disaster relief notice, for part 8, division 1, see section 180(1).

NEVDIS, for part 10, division 2, see section 201.

nominated, in relation to the configuration or purpose of use of a registered vehicle, means the configuration or purpose of use nominated for the vehicle in the most recent application for registration, or notice given under section 68(2), for the vehicle.

nominated primary producer, for a heavy primary production vehicle, see section 228A(2) and (3).

notifiable information, for a written-off vehicle, means—

(a)the written-off vehicle’s chassis number or VIN; and

(b)the written-off vehicle’s engine number, if available; and

(c)if the written-off vehicle has been assessed as a total loss—when the vehicle was assessed to be a total loss; and

(d)whether the written-off vehicle is a repairable write-off or a statutory write-off; and

(e)the type, location and severity of the damage to the written-off 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 of not more than 4.5t;

(B)a motorbike;

(C)a caravan;

(D)a trailer with an ATM of more than 4.5t; and

(ii)complies with the requirements of the Australian Design Rules under the Road Vehicle Standards Act 2018 (Cwlth) applying to the vehicle; or

(b)a vehicle of another 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 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 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.

pensioner concession card see the Social Security Act 1991, section 23.

personal information, about a vehicle’s current or previous registered operator, for part 10, division 2, see section 201.

personalised number plate see section 132(1).

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.

pole-type trailer means a trailer that—

(a)is attached to a towing vehicle by a pole or an attachment fitted to a pole; and

(b)is ordinarily used for transporting loads that are generally capable of supporting themselves like beams between supports.

Examples of loads generally capable of supporting themselves like beams between supports—

logs, pipes, structural members, other long objects

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

(a)expressed in kilowatts per tonne; and

(b)worked out using the following formula—

where—

M means the maximum engine power, in kilowatts, for the learner approved motorbike.

T means the tare mass, in kg, of the learner approved motorbike.

pre-1994 pensioner means a person who holds, and has continuously held, a pensioner concession card that was issued in Queensland before 1 July 1994.

prescribed evidence, of an inspection certificate, means—

(a)for an inspection certificate issued manually—the certificate; or

(b)otherwise—a copy of the certificate or the unique number for the certificate under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.

prescribed heavy vehicle means—

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

(b)a trailer with an MRC of more than 4.5t.

prescribed information, for a vehicle, for part 10, division 1, see section 198.

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

prescribed service person means a person residing in Queensland who—

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

(b)has been assessed—

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

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

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 who carries on a business in which—

(a)the main activity of the business is the production of primary produce; and

(b)any transportation of primary produce is incidental to the main activity.

production motorbike means a motorbike that—

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

(b)complies with the vehicle laws applying to the motorbike.

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.

racing track means a circuit or track used as a course for a motor race or motor race driver training, if—

(a)other traffic is excluded from the circuit or track during its use for the race or training; and

(b)the circuit or track is not dedicated to public use as a public road.

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).

recognised primary producer see section 228A(1).

recorded expiry day, for the registration of a vehicle or dealer plate, means the day recorded in the register as the day the registration expires.

register, as a noun, means the register of vehicles and number plates required to be kept under section 111.

registered dealer plate means a dealer plate for which there is current registration.

registered operator—

(a)generally, of a vehicle or for a dealer plate—see section 6; and

(b)for part 7, division 2—see section 145.

registered vehicle see section 7(1).

registration, for a vehicle or dealer plate, means the recording of the vehicle or dealer plate, in a person’s name, in the register.

registration administration fee, for a vehicle or a type of conditional registration, means the registration administration fee stated in schedule 4, part 3 for the vehicle or type.

registration application—

(a)for a vehicle, means an application for registration of the vehicle in a person’s name made under section 19; or

(b)for a dealer plate, means an application for registration of the plate in a person’s name made under section 78.

registration certificate—

(a)for a vehicle—means a certificate given by the chief executive that includes the details mentioned in section 27(2) about the vehicle; or

(b)for a dealer plate—means a certificate given by the chief executive that includes—

(i)the registration number for the dealer plate; and

(ii)the details required for the dealer plate under section 112(1).

registration fee—

(a)for a vehicle—means the fee for registering the vehicle mentioned in section 220(1), (2) or (3); or

(b)for a dealer plate—means the fee for registering the dealer plate stated in schedule 4, part 4.

registration number, for a vehicle, dealer plate or personalised number plate, means a distinguishing number, assigned by the chief executive—

(a)to identify the vehicle or plate; and

(b)displayed, or intended for display—

(i)for a vehicle—on the vehicle’s number plate; or

(ii)for a dealer plate or personalised number plate—on the plate.

registration-related amount—

(a)for a renewal of a vehicle’s registration, means the total of—

(i)the fees mentioned in section 33(1)(a) and (b) for the vehicle and registration; and

(ii)a CTP insurance premium payable in relation to the registration under section 33(1)(c); or

(b)for a renewal of a dealer plate’s registration, means the total of—

(i)the application fee for the renewal; and

(ii)a CTP insurance premium payable in relation to the registration under section 86(b)(iii).

renewal application—

(a)for a vehicle, means an application for renewal of the vehicle’s registration in a person’s name under section 32; or

(b)for a dealer plate, means an application for renewal of the plate’s registration in a person’s name under section 85.

repairable write-off—

(a)generally—means a notifiable vehicle that is a total loss but is not a statutory write-off; and

(b)in relation to a written-off vehicle inspection or 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.

responsible person, for a notifiable vehicle, for part 7, division 2, see section 145.

road-related area see the Queensland Road Rules, section 13.

safety recall agency, for part 10, division 2, see section 201.

sale, of a vehicle, includes—

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

(b)the leasing of the vehicle.

seasonal heavy vehicle means a prescribed heavy vehicle if—

(a)the registered operator of the vehicle—

(i)is a primary producer; and

(ii)uses the vehicle only as a heavy primary production vehicle; or

(b)the vehicle is used only seasonally, and only to transport primary produce from a farm or fishing waters to a place where the primary produce is—

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

(ii)stored before being processed; or

(iii)first subjected to processing.

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 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.

small trailer means a trailer with an ATM of not more than 1.02t.

special edition number plate means a number plate, other than a personalised number plate, showing a design or theme representing an event, occasion or achievement.

special interest vehicle means—

(a)a vehicle, other than a trailer with a GVM of less than 4.5t or a caravan with a GVM of less than 4.5t, that is—

(i)at least 30 years old; or

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

(iii)a street rod vehicle; or

(b)a bus—

(i)that is at least 25 years old; and

(ii)with a GVM over 5t.

special plate means a customised number plate or personalised number plate.

special purpose vehicle means—

(a)any of the following vehicles, other than a vehicle that may only be conditionally registered—

(i)a forklift;

(ii)a straddle carrier;

(iii)a mobile cherry picker;

(iv)a mobile crane; or

(b)a vehicle that has been built, or permanently modified, for a purpose other than carrying goods or passengers, but does not include—

(i)a vehicle mentioned in paragraph (a); or

(ii)a caravan; or

(iii)a motorised caravan; or

(iv)a mobile library; or

(v)a mobile laboratory; or

(vi)a mobile billboard.

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 conditionally registrable vehicle, 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 machinery, fire-engine, mobile crane and truck-mounted concrete pump

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, for a notifiable vehicle, means—

(a)if the notifiable vehicle has a GVM of not more than 4.5t—the criteria stated in the document called ‘Damage assessment criteria for the classification of light vehicle statutory write-offs’ published by Austroads; or

(b)if the notifiable vehicle has an ATM of not more than 4.5t—the criteria stated in the document called ‘Damage assessment criteria for the classification of heavy vehicle statutory write-offs’ published by Austroads; or

(c)otherwise—the criteria stated in the document called ‘Damage assessment criteria for the classification of statutory write-offs—motorbikes, caravans, heavy trailers and other vehicles’, published by the department.

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 whose body and frame were built before 1949.

supporting material, for an eligible vehicle, for part 8, division 2, see section 185.

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.

track-related area means an area—

(a)adjacent to a 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.

tractor means a motor vehicle, used for towing purposes, that is not—

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

(b)a tow truck.

traffic improvement fee, for a category 1 vehicle, other than a trailer, means the fee stated in schedule 4, item 17 for the vehicle.

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 see section 7(2).

unregistered vehicle permit see section 73(1).

unrestricted access registration, for a vehicle, see section 21(3)(c).

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

vehicle law see section 8.

vehicle-related information, for a vehicle, for part 10, division 2, see section 201.

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)incapable of going faster than 10km/h.

written-off vehicle means a repairable write-off or statutory write-off.

written-off vehicle inspection means an inspection of a repairable write-off, under procedures approved by the chief executive, to decide whether the vehicle’s identity is legitimate.

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 vehicle, see section 21(3)(b).