Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021

Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021

made under paragraph 6(5)(a) of the

Road Vehicle Standards Act 2018

Compilation No. 1

Compilation date: 12 October 2023

Includes amendments up to: F2023L01373

Registered: 14 October 2023

About this compilation

This compilation

This is a compilation of the Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021 that shows the text of the law as amended and in force on 12 October 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name

  This instrument is the Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021.

3  Authority

  This instrument is made under paragraph 6(5)(a) of the Road Vehicle Standards Act 2018.

4  Purpose of this instrument

  This instrument sets out classes of vehicles that are road vehicles for the purposes of the Act.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including:

(a) motor vehicle; and

(b) public road.

 (1) In this instrument:

Act means the Road Vehicle Standards Act 2018.

airport service vehicle means a motor vehicle that is:

 (a) designed to service an aircraft within an airport; and

 (b) built on a truck chassis; and

 (c) designed to be capable of operating on a public road.

campervan or motorhome means a motor vehicle that is:

 (a) designed for use in transport on a public road; and

 (b) intended to provide temporary living accommodation for one or more individuals.

concrete pumper means a motor vehicle, other than a forklift, that:

 (a) is designed to pump concrete; and

 (b) is designed to travel on rubber tyres; and

 (c) is capable of travelling at a reasonable speed by road without obstructing the flow of traffic; and

 (d) has a cabin that allows the operator to drive the vehicle between sites; and

 (e) has one or more road-going features.

dual-purpose motorcycle means a two-wheeled vehicle or three-wheeled vehicle that:

 (a) is designed for use on cross-country or unpaved terrain; and

 (b) has one or more road-going features.

food or catering van means a motor vehicle that:

 (a) is designed and manufactured for the preparation or vending of food; or

 (b) has been modified to be used for that purpose.

Example: Mobile food vans, ice-cream vans and mobile snack trucks are examples of food or catering vans.  

mobile crane means a motor vehicle, other than a forklift or rough terrain crane, that:

 (a) is designed to lift a load; and

 (b) is designed to travel on rubber tyres; and

 (c) is capable of travelling at a reasonable speed by road without obstructing the flow of traffic; and

 (d) has a cabin that allows the operator to drive the vehicle between sites; and

 (e) has one or more road-going features.

rough terrain crane means a motor vehicle that:

 (a) is designed to lift a load; and

 (b) is designed for off-road use; and

 (c) is designed to travel on rubber tyres; and

 (d) has a cabin that allows the operator to drive the vehicle on site; and

 (e) has a boom projecting more than 5.5 metres in front of a transverse vertical plane through the centre of the steering wheel.

three‑wheeled vehicle means a vehicle in one of the following vehicle categories:

 (a) Moped ‑ 3 wheels (LB);

 (b) Motor cycle and side‑car (LD);

 (c) Motor tricycle (LE).

two‑wheeled vehicle means a vehicle in one of the following vehicle categories:

 (a) Moped ‑ 2 wheels (LA);

 (b) Motor cycle (LC).

vehicle category has the same meaning as in the Road Vehicle Standards Rules 2019.

 (2) Each of the following is a road-going feature:

 (a) direction indicators;

 (b) brake lights;

 (c) rear vision mirrors;

 (d) provision for mounting a registration plate;

 (e) seatbelts;

 (f) a fully enclosed cabin with doors.

6  Classes of vehicles that are road vehicles

  The following classes of vehicles are road vehicles: 

 (a) airport service vehicles;

 (b) concrete pumpers;

 (c) dual-purpose motorcycles;

 (d) food or catering vans;

 (e) mobile cranes;

 (f) vehicles that are campervans or motorhomes.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history