Vehicle and Traffic Amendment (Written-off Vehicles) Act 2002
An Act to amend the Vehicle and Traffic Act 1999
[Royal Assent 12 July 2002]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Vehicle and Traffic Amendment (Written-off Vehicles) Act 2002 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Vehicle and Traffic Act 1999 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of heavy vehicle : identification number means – (a) a VIN; or (b) a chassis number on a vehicle; or (c) an engine number on a vehicle; (b) by inserting the following definitions after the definition of registration number : regulations means the regulations made and in force under section 45 ; repairable write-off has the meaning given by section 3A ; (c) by inserting the following definition after the definition of speeding offence : statutory write-off has the meaning given by section 3A ; (d) by inserting the following definition after the definition of temporary upgrade permit : total loss means a vehicle that – (a) is damaged by collision, fire, flood, accident, trespass, dismantling, demolition or other event to the extent that its fair salvage value plus the cost of repairing the vehicle for use on a public street would be more than the fair market value of the vehicle immediately before the event that caused the damage; or (b) has been stolen and not recovered; or (c) is of a class of vehicle prescribed by the regulations to be a total loss; (e) by inserting the following definition after the definition of vehicle registration authority : VIN means a vehicle identification number allocated to a vehicle in accordance with the relevant ADR; (f) by omitting "wheel." from the definition of wheel load and substituting "wheel;"; (g) by inserting the following definition after the definition of wheel load : written-off vehicle means a statutory write-off or a repairable write-off. 5Section 3A insertedAfter section 3 of the Principal Act , the following section is inserted in Part 1: 3ARepairable and statutory write-offs (1) In this Act – repairable write-off means a vehicle that is not a statutory write-off but has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss; statutory write-off means a vehicle that has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss and is – (a) a motor vehicle (other than a motor bike) that has been – (i) immersed in salt water above doorsill level for any period; or (ii) immersed in fresh water up to the dashboard or steering wheel, or higher, for more than 48 hours; or (b) a motor bike that has been – (i) fully immersed in salt water for any period; or (ii) fully immersed in fresh water for more than 48 hours; or (c) a motor vehicle or trailer that has been burnt to such an extent that it is fit only for wrecking or scrap; or (d) a motor vehicle or trailer that has been stripped of all, or a combination of most, interior and exterior body parts, panels and components including, but not limited to, the engine, wheels, bonnet, guards, doors and boot lid; or (e) a motor vehicle (other than a motor bike) that is damaged by at least 3 of the following impact damage indicators: (i) damage to an area of the cabin floor pan equal to or exceeding an area of 300 millimetres by 300 millimetres in size; (ii) damage to an area of the roof equal to or exceeding an area of 300 millimetres by 300 millimetres in size; (iii) damage to an area of the firewall equal to or exceeding an area of 300 millimetres by 300 millimetres in size; (iv) damage to the suspension; (v) a broken or cracked or otherwise damaged major mechanical component including, but not limited to, the engine block and transmission casings; or (f) a motor bike that has impact damage (other than scratching) to the suspension and at least 2 areas of structural frame damage. (2) Despite subsection (1) , a vehicle is only a repairable write-off or a statutory write-off if the vehicle is assessed as a total loss not later than the end of the month which is the fifteenth anniversary of its date of manufacture, within the meaning of the relevant ADR. 6Section 32A insertedAfter section 32 of the Principal Act , the following section is inserted in Part 4: 32AUse of statutory write-offs prohibited A person must not use, or permit the use of, a statutory write-off on a public street. | Penalty: In the case of – |
| (a) a first offence – |
| (i) for a body corporate – a fine not exceeding 200 penalty units; and |
| (ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and |
| (b) a second or subsequent offence – |
| (i) for a body corporate – a fine not exceeding 400 penalty units; and |
| (ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both. |
7Section 40C insertedAfter section 40B of the Principal Act , the following section is inserted in Part 6: 40CWritten-off vehicles (1) The regulations may provide for all matters relating to written-off vehicles. (2) Without limiting the generality of subsection (1) , the regulations may prescribe requirements in relation to any or all of the following: (a) requiring a person, or a person of a class of persons, to notify the Registrar in respect of any written-off vehicle of which the person has knowledge; (b) the affixing of a notice or label to a written-off vehicle; (c) the inspection and seizure of a written-off vehicle; (d) the issue of a certificate of inspection in relation to a written-off vehicle; (e) the issue of a certificate determining whether a vehicle is a written-off vehicle. 8Section 41 amended (Registers) Section 41(a) of the Principal Act is amended by omitting subparagraph (iv) and substituting the following subparagraphs: (iv) a register of written-off vehicles; (v) any other register that may be relevant to the Registrar’s functions under this Act; and 9Section 50A insertedAfter section 50 of the Principal Act , the following section is inserted in Part 7: 50APower to retain vehicles (1) An authorised officer who is inspecting a vehicle may retain the vehicle in his or her custody for a period of not more than 24 hours if the officer suspects on reasonable grounds that the vehicle is stolen or has recorded on it an identification number that is not allocated to that vehicle. (2) A vehicle that is retained under subsection (1) may be retained at the place of inspection or at another place that the authorised officer considers appropriate. (3) If an authorised officer retains a vehicle under subsection (1) , he or she may notify the Commissioner of Police of that retention and the officer’s suspicion that the vehicle is stolen or has recorded on it an identification number that is not allocated to it. 10Section 64 amended (Offences of dishonesty) Section 64(1) of the Principal Act is amended as follows: (a) by inserting the following paragraphs after paragraph (b) : (ba) dishonestly provide false or misleading information in connection with a notice required to be given under this Act; or (bb) dishonestly provide false or misleading information in relation to whether or not a vehicle is a written-off vehicle; or (b) by omitting from paragraph (f) "device." and substituting "device; or"; (c) by inserting the following paragraph after paragraph (f) : (g) alter or deface an identification number on a vehicle without the consent of the Registrar. [Second reading presentation speech made in:
House of Assembly on 18 JUNE 2002
Legislative Council on 20 JUNE 2002]