Road Traffic (Vehicles) Act 2012

Road Traffic (Vehicles) Regulations 2014

 

Road Traffic (Vehicles) Regulations 2014

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.Use or driving of a vehicle relates to roads13

5.Measuring distances between parallel lines13

6.Required equipment to be in working order13

7.Restored vehicles14

8.Diagrams14

9.Registered statutory write‑offs14

10.Freight containers14

11.Subsequent offences15

Part 2 — Licensing of vehicles

Division 1 — Preliminary

12.Terms used16

13.Counting axles16

14.Notification and reconsideration of vehicle licensing decisions16

Division 2 — Vehicle licences

15.Vehicles required to be licensed17

16.Period within renewal period and after the expiry of vehicle licence in which offence under s. 4(2) not committed17

17.Prescribed standards and requirements17

18.Who can issue certificates of inspection17

19.Certain vehicle examiners to display authorisation at inspection stations18

20.Place of vehicle examination18

Division 3 — Grant, renewal, transfer and variation of vehicle licences

21.Minimum age for application for grant, transfer of vehicle licence19

22.Proof of age and identity of applicant for grant, transfer of vehicle licence19

23.Proof of ownership19

24.Examination for licensing purposes19

25.Declaration as to immobiliser20

26.Weighbridge record20

27.Engine and vehicle identification numbers21

28.Form of licence21

29.Grant of vehicle licence21

30.Renewal of vehicle licence22

31.Period of grant or renewal of vehicle licence23

32.CEO may vary, grant or renew licences so that they expire on the same day24

Division 4 — Classification of vehicle licences

33.Classes of vehicle licences24

34.Class A vehicle licences24

35.Class B vehicle licences24

36.Class C vehicle licences25

37.Vehicle use to be in accordance with licence conditions26

38.Classes of licences for heavy vehicles26

39.Conditions imposed as to heavy trailers hauled30

40.Certain heavy vehicle licences to be endorsed “seasonal”31

41.Vehicle use to be in accordance with licence31

42.Vehicle licence to be carried, produced in certain cases32

Division 5 — Permits for unlicensed vehicles

43.Term used: permit32

44.Application for permit32

45.Grant of permit33

46.Vehicle use to be in accordance with permit34

47.Display of signs34

Division 6 — Miscellaneous

48.Duplicate or certified copy of vehicle licence document34

49.Licences not current35

50.Change of personal details35

51.Licence documents to be handed over on disposal35

Division 7 — Vehicle licence charges

Subdivision 1 — General

52.Terms used36

53.Vehicle licence charges37

54.Calculation of vehicle licence charges37

Subdivision 2 — Vehicle licence charges for vehicles other than heavy vehicles

55.Application38

56.Licence fees: calculation and reduction38

57.Car, bus, goods vehicle and motor home38

58.Prime mover39

59.Trailer other than towed special purpose vehicle39

60.Motor cycle39

61.Special purpose vehicle39

Subdivision 3 — Vehicle licence charges for heavy vehicles

62.Application40

63.Car or bus40

64.Goods vehicle and motor home40

65.Prime mover42

66.Trailer, not being a towed special purpose vehicle42

67.Special purpose vehicle43

Subdivision 4 — Exemptions

68.Exemptions not available for seasonally licensed heavy vehicles43

69.Government, emergency vehicles44

70.Farm vehicles44

71.Vehicles owned by full‑time carers45

72.Exemption or refund in exceptional circumstances45

Subdivision 5 — Concessions

73.Concessions not available for seasonally licensed heavy vehicles46

74.Certain heavy vehicles used outside South‑west Division46

75.Vehicles used for prospecting46

76.Vehicles used for pulling sandalwood46

77.Vehicles used for kangaroo hunting47

78.Vehicles used for beekeeping47

79.Certain vehicles used to transport stock47

80.Vehicles used for farm haulage48

81.Agricultural machines and agricultural special purpose vehicles49

82.Certain semi‑trailers49

83.Vehicles owned by pensioners, seniors50

84.Motor homes50

85.Reductions not cumulative51

Division 8 — Fees relating to vehicle licensing

Subdivision 1 — Vehicle examination fees

86.Terms used51

87.Fees for vehicle examinations in non‑regional areas52

88.Fees for vehicle examination in the Gascoyne region52

89.Fees for vehicle examination in the Goldfields‑Esperance region53

90.Fees for vehicle examination in the Great Southern and Peel regions54

91.Fees for vehicle examination in the Kimberley region55

92.Fees for vehicle examination in the Mid West region55

93.Fees for vehicle examination in the Pilbara region56

93A.Fees for vehicle examination in the South West region57

94.Fees for vehicle examination in the Wheatbelt region57

95.Fees for examination for verification of identity58

96.Exemption for person with disability59

Subdivision 2 — Other fees relating to vehicle licensing

97.Fees for inspection stations not operated by CEO59

98.Fee payable by motor vehicle dealer or vehicle manufacturer licensing vehicle60

99.Recording fees60

100.Transfer fee60

101.Fee for issuing duplicate tax invoices for fees paid61

Subdivision 3 — Exemptions, refunds

102.Power to give exemption or refund in exceptional circumstances61

Part 3 — Overseas vehicles when temporarily in Australia

103.Terms used63

104.Applications for vehicle licence, extension or renewal of vehicle licence for overseas vehicles63

105.Prescribed standards and requirements64

106.Further information64

107.Fees for temporary number plates64

108.Return of temporary plates for overseas vehicles64

Part 4 — Number plates

Division 1 — Preliminary

109.Terms used65

110.Power to give exemption or refund in exceptional circumstances66

Division 2 — Number plates generally

111.CEO to provide number plates66

112.Fees for issue, reissue, replacement of certain number plates67

113.Return of number plates67

114.Transfer of certain plates69

115.Replacement of stolen, lost number plates69

116.Replacement of dilapidated, damaged number plates70

117.Number plate content, colour70

118.Surrender of non‑reflective plates71

119.Number plate to be fixed on vehicle72

120.Preventing effective identification of number plate73

121.No painting or interfering with number plates76

122.Seizure of number plates76

123.Restriction on manufacture, sale or supply of imitation plates77

124.Seizure and disposal of imitation plates77

Division 3 — Name plates and special plates

125.Name plates or special plates not for certain vehicles78

126.Special plate content and colour78

127.Name plate content and colour79

128.Disposal of right to display special plates79

129.Right to display special plates, name plates79

130.Fees for transfer of right to display special, name plates81

131.Retention of special plates, name plates by CEO82

Division 4 — Trade plates for unlicensed vehicles

132.Who may be issued trade plates82

133.Trade plate content, colour83

134.Fees for trade plates83

135.Replacement of lost, stolen, dilapidated, damaged trade plates84

136.Labels for trade plates85

137.Vehicle standards and requirements for use of trade plates86

138.Purposes of use of vehicle with trade plates88

139.Trade plate to be fixed on vehicle90

140.Seizure of trade plates90

Part 5 — Vehicle and engine identification numbers

141.Vehicle identification number91

142.Engine identification number91

Part 7 — Written‑Off Vehicle Register

Division 1 — Preliminary

146.Terms used94

147.Total loss vehicles95

148.Written‑off vehicles96

149.Notifiable vehicles96

150.Statutory write‑offs96

151.Repairable write‑offs97

Division 2 — Dealing with notifiable vehicles

152.Notification and marking of write‑offs97

153.Written‑off vehicle notices98

154.Written‑off warning labels99

155.Marking over vehicle identifiers of statutory write‑offs100

Division 3 — Registration of written‑off vehicles

156.Written‑Off Vehicle Register100

157.WOVR to include particulars of notifiable vehicles100

158.Cancellation of entry in WOVR101

Part 8 — Mass, dimension and loading requirements

Division 1 — Mass requirements

Subdivision 1 — General

159.Mass requirements102

160.Mass requirements for all single vehicles102

161.Complying buses102

162.Declaring buses to be complying buses103

Subdivision 2 — Heavy vehicles

163.Mass limits for heavy vehicle tyres104

164.Mass limits for heavy vehicle wheels and axles104

165.Mass limits relating to heavy vehicle axle spacing107

166.Mass limits for combinations110

Subdivision 3 — Light vehicles

167.Maximum loaded mass of light vehicles111

168.Loaded mass of light trailers112

Division 2 — Dimension requirements

169.Dimension requirements113

170.Dimension requirements for all vehicles113

171.Width of certain vehicles113

172.Length of motor vehicles114

173.Length of trailers114

174.Length of combinations115

175.Trailer rear overhang116

176.Trailer drawbar length116

177.Height of certain vehicles117

178.Ground clearance of certain motor vehicles117

179.Heavy vehicle size limits119

180.Front and side projections of heavy vehicles120

181.Warning signals for loads projecting to rear of heavy vehicles121

182.Size and projection of loads of light vehicles121

183.Warning signals for loads of light vehicles122

184.Dangerous projection requirement for categories of breach122

185.Warning requirements for categories of breach122

Division 3 — Loading requirements

186.Loading requirements123

187.Placement and securing of loads123

Division 4 — Exemption from mass, dimension or loading requirements in emergency areas

188.Exemptions from mass, dimension or loading requirements in emergency areas124

189.Notification and reconsideration of emergency area exemption decisions125

Division 5 — Modification of mass or dimension requirements for certain vehicles

190.Terms used125

191.Vehicles for which mass or dimension requirements may be modified126

192.Heavy vehicles that require accredited person before mass or dimension requirement can be modified126

193.Applications for permits to modify mass or dimension requirement127

194.Permits for transportation of grain to bulk handler127

195.Additional content of orders, permits127

196.Applications for variation of modification of mass or dimension requirement128

197.Fees for application for permit, variation128

198.Variation of modification of a mass or dimension requirement on volition of Commissioner129

199.Suspension, cancellation of modification of a mass or dimension requirement129

200.Driver of pilot, escort vehicle to comply with order or permit130

201.Notification and reconsideration of mass or dimension requirement decisions130

Division 6 — Access restrictions on certain vehicles that comply with mass or dimension requirements

202.Terms used131

203.Complying restricted access vehicles131

204.Heavy vehicles that require accredited person before access approval can be given132

205.Applications for access approval by permit132

206.Additional content of orders, permits132

207.Applications for variation of access approvals133

208.Fees for application for permit, variation133

209.Variation of access approval on volition of Commissioner133

210.Suspension, cancellation of access approvals134

211.Notification and reconsideration of access approval decisions134

Division 7 — Accreditation

212.Term used: accredited135

213.Who may be accredited135

214.Standards for ensuring, demonstrating compliance with mass, dimension or loading requirements135

215.Applications for accreditation135

216.Accrediting persons on application136

217.Applications for renewal of accreditation136

218.Fees for application for accreditation, renewal137

219.Applications for variation of accreditation137

220.Accreditation duration, certificates137

221.Suspension, cancellation of accreditation137

222.Notification and reconsideration of accreditation decisions138

Part 9 — Miscellaneous prescribed matters

223.Receivers: transport documentation139

224.Previous convictions of MDLR offences under provisions of corresponding law139

225.Fee for substitution of vehicle for omnibus139

Part 10 — Standards and requirements for motor vehicles, trailers and combinations

Division 1 — Preliminary

226.Terms used140

227.Declaration of vehicles as emergency, transport enforcement vehicles142

Division 2 — Application

228.Application142

229.Non‑application of this Part: exemptions143

230.Non‑application of this Part: inconsistent ADR requirements143

231.Non‑application of this Part: approvals under Motor Vehicle Standards Act 1989 (Commonwealth)143

Division 3 — Offences and penalties

232.Motor vehicles, trailers and combinations to comply with applicable standards and requirements144

233.Certain movement of defective vehicles permitted144

234.Tampering with a speed limiting device145

235.Alteration of vehicles145

Division 4 — Compliance with Australian Design Rules and adopted standards

236.Compliance with second edition ADRs148

237.Interpretation of certain second edition ADRs149

238.Compliance with third edition ADRs150

239.Exception to compliance with ADRs: vehicles that are not road vehicles151

240.Exception to compliance with ADRs: Motor Vehicle Standards Act 1989 (Commonwealth)152

241.Partial exception to compliance with ADRs: personally imported vehicles152

242.Exception to compliance with adopted standards154

Division 5 — General safety requirements

243.Motor vehicles and trailers to be properly maintained154

244.Motor vehicle steering155

245.Motor vehicle turning ability156

246.Motor vehicles to travel backwards and forwards156

247.Protrusions to certain vehicles156

248.Motor vehicle view and controls156

249.Seating157

250.Mudguards and spray suppression for certain vehicles157

251.Motor vehicle horns, alarms158

252.Motor vehicle rear vision mirrors159

253.Surfaces of rear vision mirrors160

254.Motor vehicle automatic transmission160

255.Motor vehicle diesel engines161

256.Motor vehicle bonnet securing devices161

257.Electrical wiring, connections and installations in various vehicles161

258.Motor vehicle TVs, VDUs162

259.Motor vehicle windscreens and windows163

260.Motor vehicle window tinting164

261.Motor vehicle windscreen wipers and washers165

262.Size and capacity of wheels and tyres of certain vehicles166

263.Pneumatic tyres for certain vehicles166

264.Pneumatic tyres for heavy vehicles166

265.Tyres for use on heavy vehicles166

266.Size and capacity of pneumatic tyres of certain vehicles167

267.Tyres defects of certain vehicles167

268.Manufacturer’s rating for motor vehicle tyres167

269.Retreads for certain vehicles168

270.Tyre treads for certain vehicles169

271.Motor cycle steering gear and handlebars169

272.Motor cycle foot rests170

273.Motor cycle chain guards170

Division 6 — Vehicle marking

274.Identification numbers for vehicle and engine171

275.White or silver band on certain vehicles171

276.Warning signs for certain combinations172

277.Specifications for warning signs for certain combinations172

278.Warning signs not to be displayed on other vehicles174

279.Left‑hand drive signs174

Division 7 — Vehicle configuration

280.Axle configuration for various vehicles174

281.Relation between axles in axle group for heavy vehicles176

Division 8 — Lights and reflectors

Subdivision 1 — General requirements for lights and vehicles not required to have lights or reflectors

282.Certain requirements apply only at night176

283.Prevention of glare176

284.Pairs of lights177

285.Certain vehicles not required to have lights or reflectors177

Subdivision 2 — Headlights

286.Motor vehicle headlights to be fitted177

287.Motor vehicle headlights — how fitted178

288.Motor vehicle single headlights — how fitted179

289.Motor vehicle additional headlights — how fitted179

290.Performance of headlights179

291.Effective range of headlights179

292.Changing headlights from high‑beam to low‑beam position for motor vehicles180

Subdivision 3 — Parking lights

293.Motor vehicle parking lights180

Subdivision 4 — Daytime running lights

294.Daytime running lights for certain vehicles182

Subdivision 5 — Tail lights

295.Tail lights for various vehicles183

296.Pattern of fitting tail lights to certain vehicles183

297.Performance of tail lights of various vehicles184

298.Motor vehicle tail light wiring185

Subdivision 6 — Number plate lights

299.Number plate lights for certain vehicles185

Subdivision 7 — Clearance lights

300.Front clearance lights for various vehicles185

301.External cabin lights186

302.Rear clearance lights for certain vehicles at least 1.8 m wide187

Subdivision 8 — Side marker lights

303.Side marker lights for various vehicles187

304.Location of side marker lights for various vehicles188

305.Performance of side marker lights for various vehicles189

306.Side marker lights may be rear clearance light in certain cases190

Subdivision 9 — Brake lights

307.Brake lights for various vehicles190

308.Performance and operation of brake lights of various vehicles191

Subdivision 10 — Reversing lights

309.Reversing lights192

Subdivision 11 — Direction indicator lights

310.Motor vehicle direction indicator lights193

311.Trailer direction indicator lights193

312.Location of direction indicator lights for various vehicles194

313.Operation and visibility of direction indicator lights for various vehicles195

Subdivision 12 — Fog lights

314.Front fog lights for certain motor vehicles196

315.Rear fog lights for certain vehicles197

Subdivision 13 — Interior lights

316.Interior lights for certain vehicles198

Subdivision 14 — Reflectors generally

317.General requirements for reflectors for certain vehicles198

Subdivision 15 — Rear reflectors

318.Rear reflectors for certain vehicles198

Subdivision 16 — Side reflectors

319.Compulsory and optional side reflectors on pole‑type trailers199

320.Optional side reflectors199

Subdivision 17 — Front reflectors

321.Compulsory and optional front reflectors on trailers200

322.Optional front reflectors for various vehicles200

Subdivision 18 — Warning lights and signs on buses carrying children

323.Term used: bus201

324.Fitting of warning lights and signs201

325.Operation and performance of warning lights202

326.Specifications for warning signs204

Subdivision 19 — Other lights, reflectors, rear marking plates or signals

327.Other lights and reflectors204

328.Rear marking plates for certain vehicles206

329.Signalling devices for certain motor vehicles207

330.Mechanical signalling devices207

331.Turn signals208

Division 9 — Braking systems

Subdivision 1 — Brake requirements for motor vehicles, trailers, combinations

332.Braking system materials, components for certain vehicles209

333.Provision for wear210

334.Supply of air or vacuum to brakes of certain vehicles210

335.Performance of braking systems of certain vehicles211

Subdivision 2 — Motor vehicle braking systems

336.Motor vehicle braking system requirements213

337.Operation of brakes on motor vehicles214

338.Air or vacuum brakes on motor vehicles214

Subdivision 3 — Trailer braking systems

339.Trailer braking system requirements216

340.Operation of brakes on trailers216

341.Air brakes or vacuum brakes on trailers216

Subdivision 4 — Additional brake requirements for B‑doubles and long road trains

342.Subdivision does not apply to certain road trains217

343.Braking system design for a prime mover in a B‑double217

344.Braking system design for motor vehicles in road trains217

345.Braking system design for trailers in B‑doubles or road trains218

346.Air brakes of motor vehicles in B‑doubles or road trains218

347.Air brakes in a B‑double or road train — least favoured chamber219

348.Recovery of air pressure for brakes in B‑doubles and road trains220

349.Air supply for brakes in B‑doubles and road trains220

350.Brake line couplings221

351.Simultaneous parking brake application221

352.Capacity of air reservoirs221

Division 10 — Vehicle emissions

Subdivision 1 — Crank case gases and visible emissions

353.Crank case gases of various motor vehicles221

354.Visible emissions of certain motor vehicles222

Subdivision 2 — Exhaust systems

355.Exhaust systems for various motor vehicles222

Subdivision 3 — Emission control systems

356.Emission control systems to be fitted and properly maintained224

Subdivision 4 — Noise emissions

357.Measurement of stationary noise levels225

358.Silencing device for exhaust systems225

359.Stationary noise levels: car‑type vehicles and motor cycles and motor tricycles225

360.Stationary noise levels: other vehicles with spark ignition engines226

361.Stationary noise levels: other vehicles with diesel engines226

Division 11 — LPG fuel systems

362.LPG‑powered vehicles228

Division 12 — Maximum road speed limiting

363.Speed limiting for certain heavy vehicles228

Division 13 — Mechanical connections between vehicles

Subdivision 1 — Coupling requirements for all motor vehicles, trailers and combinations

364.General coupling requirements229

365.Trailer connections229

366.Drawbar couplings230

Subdivision 2 — Additional coupling requirements for B‑doubles and long road trains

367.Various kingpins231

368.Couplings for B‑doubles and road trains231

369.Selection of fifth wheel couplings for B‑doubles and road trains232

370.D‑value of a fifth wheel coupling232

371.Mounting of fifth wheel couplings on B‑doubles and road trains232

372.Branding of fifth wheel couplings and turntables on B‑doubles and road trains233

373.Selection of kingpins for B‑doubles and road trains233

374.Attachment of kingpins on B‑doubles and road trains234

375.Branding of kingpins on B‑doubles and road trains235

376.Selection of couplings and drawbar eyes for road trains235

377.Attachment of couplings and drawbar eyes on road trains235

378.Branding of couplings and drawbar eyes on road trains236

379.Tow coupling overhang on road trains236

Division 14 — Omnibuses, illuminated signs, immobilisers, compliance plates

380.Passengers on omnibus with minimum 1.5 m interior height238

381.Passengers on omnibus with less than 1.5 m interior height239

382.Display of number of passengers permitted on omnibuses239

383.Omnibus standing positions and equipment239

384.Omnibus destination signs240

385.School bus exterior colours and signs240

386.First aid kit on non‑metropolitan omnibus241

387.Fitting of illuminated signs to certain vehicles241

388.Required immobilisers for certain motor vehicles242

389.Compliance plates244

Part 11 — Standards and requirements for animal drawn vehicles and bicycles

Division 1 — Animal drawn vehicles

390.Terms used245

391.Light visibility245

392.Compliance with standards and requirements245

393.Front and rear lights245

394.Rear reflectors246

395.Front clearance lamps247

396.Rear clearance lamps or reflectors247

397.Requirements in regard to reflectors248

398.Light on projecting load248

399.Dimension requirements for animal drawn vehicles and their loads249

400.Brakes249

Division 2 — Bicycles

401.Compliance with standards and requirements250

402.Brakes250

403.Bell250

404.Handlebar250

405.Rake and angle of front forks251

406.Dimension requirements for bicycles and their loads251

407.Child‑carrying seats251

Part 12 — Tow trucks and towed vehicles

Division 1 — Standards and requirements in respect of tow trucks

408.Compliance with standards and requirements252

409.General equipment252

410.Lights and warning devices253

411.Dimension requirements for tow trucks and their loads254

412.Cranes254

413.Crane operators254

414.Classification and limitation255

415.Lifting requirements256

416.Tow truck brakes256

417.Brakes of towed vehicle257

Division 2 — Authority to tow

418.Towing articulated vehicles257

419.Tow truck driver’s statement259

420.Commissioner of Main Roads may authorise tow261

421.Extent of authority to tow or salvage262

422.Offences about towing262

Part 13 — Towed agricultural implements

Division 1 — Preliminary

423.Terms used264

424.Compliance with standards and requirements264

425.Gate to gate towing264

Division 2 — Standards and requirements in respect of towing and towed agricultural implements

426.Lighting equipment generally265

427.Positioning of lights and reflectors266

428.Stop lights267

429.Reflectors267

430.Rear lights268

431.Signalling lights268

432.Clearance lights269

433.Flashing amber light269

434.Safety of components and attachments270

435.Safety chains270

436.Portable warning signs272

437.Towed mass ratios272

438.Lighting for night towing272

439.Brakes272

440.Headlights273

441.Mirrors273

442.Warning flags273

443.Certain vehicles may be equipped with flashing amber light273

444.Warning signs for oversize agricultural combinations274

445.Communication devices275

446.Vehicles other than agricultural implements275

Division 3 — Other obligations in relation to towing and towed agricultural implements

447.Speed restrictions277

448.Movements of agricultural combinations in metropolitan region, during peak hours, on freeways277

449.Parking of agricultural combinations on a carriageway277

450.Convoys278

451.Limit on number of towed vehicles278

452.Permission for movement of excessively high agricultural combinations279

453.Permits for movement of excessively wide or long agricultural combinations279

454.Permits in relation to movements of agricultural combinations280

Part 13A  Pilot vehicles

Division 1 — Preliminary

454A.Terms used282

454B.Pilot vehicle must be driven by holder of heavy vehicle pilot licence or authorised person282

Division 2 — Licensing of pilots

Subdivision 1 — General matters

454C.Applying for a heavy vehicle pilot licence283

454D.Medical evidence284

454E.Competency evidence284

454F.Powers for dealing with applications for heavy vehicle pilot licence286

454G.Deciding applications for heavy vehicle pilot licence287

454H.Conditions of heavy vehicle pilot licence287

454I.Duration of heavy vehicle pilot licence288

454J.Form of heavy vehicle pilot licence289

454K.Heavy vehicle pilot licence not transferable289

454L.Heavy vehicle pilot licence may be surrendered289

454M.Lost heavy vehicle pilot licence may be replaced289

454N.Amending heavy vehicle pilot licence289

454O.Renewing heavy vehicle pilot licence291

Subdivision 2 — Suspending and cancelling heavy vehicle pilot licence

454P.Grounds for suspending or cancelling292

454Q.Procedure for suspending or cancelling heavy vehicle pilot licence292

454R.Suspension in urgent circumstances293

454S.Heavy vehicle pilot licence to be returned if cancelled or suspended294

454T.Suspension may be lifted294

Subdivision 3 — Duties of heavy vehicle pilot licence holder

454U.Duty to correct wrong information295

454V.Duty to notify Commissioner of Main Roads if no longer authorised to drive295

454W.Duty to notify Commissioner of Main Roads of medical impairment296

454X.Licence to be carried and produced on request296

454Y.Facilitating movement of oversize or over‑mass vehicle in accordance with order or permit297

454Z.Contravening condition of heavy vehicle pilot licence297

Subdivision 4 — Miscellaneous matters

454ZA.Register of heavy vehicle pilot licences297

454ZB.Notification and reconsideration of decisions under this Part298

454ZC.Transitional arrangements for accredited pilots298

Part 14 — Minister’s declarations and CEO’s exemptions

Division 1 — Preliminary

455.Terms used300

Division 2 — Minister’s declarations

456.Instigating action as to Ministerial declarations300

457.Minister’s declarations that specified regulations do not apply to specified persons or vehicles (s. 138)300

458.Variation of a declaration301

459.Revocation of declaration302

Division 3 — CEO’s exemptions from regulations about standards or other requirements in respect of vehicles

460.Term used: vehicle standard regulation302

461.Instigating action as to CEO exemptions302

462.CEO’s exemptions from specified provisions of vehicle standard regulations303

463.Variation of a CEO exemption304

464.Cancellation of CEO exemptions305

465.Variation or cancellation of CEO exemption in urgent circumstances305

466.Variation or cancellation of CEO exemption other than in urgent circumstances305

Division 4 — General provisions about Ministerial declarations and CEO exemptions

467.Applications306

468.Fees for applications307

469.Conditions on declarations, CEO exemptions307

470.Notification of Minister’s decisions308

471.Notification and reconsideration of CEO exemption decisions308

472.When decisions take effect308

473.Duration of declaration, CEO exemption309

474.Effect of declaration, CEO exemption309

475.Evidence of declarations, CEO exemption309

476.Driver to produce declaration, CEO exemption document to police officers310

477.Return of documents310

Part 15 — Notification and reconsideration of reviewable decisions

Division 1 — Reviewable decisions other than improvement notice reviewable decisions

478.Terms used311

479.Notification of reviewable decisions313

480.Reconsideration of reviewable decisions314

Division 2 — Improvement notices and notices of amendments to improvement notices

481.Terms used315

482.Content of improvement notices, notices of amendment of improvement notices315

483.Reconsideration of improvement notice reviewable decisions316

Part 16 — Transitional provisions relating to Road Traffic (Vehicles) Regulations 2014

484.Term used: commencement day318

485.Application for permits for unlicensed vehicles318

486.Permit documents318

487.Authorisations to carry goods other than stock318

488.Number plate non‑reflective film, cover318

491.Written‑off vehicles319

492.RAV notices or RAV permits to have effect as orders or permits by which mass or dimension requirements modified319

493.Class 2 notices or permits to have effect as orders or permits by which access approvals given320

494.Accreditation320

495.Emergency vehicles, transport enforcement vehicles321

496.Tow truck crane certificates321

497.Gate to gate towing321

498.Approval to use oversize agricultural combinations on metropolitan roads321

499.Permissions to move excessively high agricultural combinations322

500.Permits to move excessively wide or long agricultural combinations322

501.Permits to move agricultural combinations322

502.Agricultural implement exemptions322

503.SAT reviews of certain vehicle licensing decisions323

504.Ministerial exemptions324

505.Departmental exemptions324

506.Magistrates Court reviews of reconsidered decisions about departmental exemptions325

507.Certain vehicle standards approvals326

Notes

Compilation table327

Defined terms

 

Road Traffic (Vehicles) Act 2012

Road Traffic (Vehicles) Regulations 2014

Part 1  Preliminary

1.Citation

These regulations are the Road Traffic (Vehicles) Regulations 2014.

2.Commencement

These regulations come into operation on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b).

3.Terms used

In these regulations, unless the contrary intention appears —

agricultural combination means a combination that includes at least one agricultural vehicle;

agricultural implement means a vehicle without its own motive power, built to perform agricultural tasks;

agricultural machine means a machine with its own motive power, built to perform agricultural tasks;

agricultural vehicle means an agricultural implement or agricultural machine;

articulated bus means a bus with at least 2 rigid sections that allow passengers access between the sections and are connected to allow rotary movement between the sections;

Australian Design Rule (ADR) has the meaning given in regulation 226;

Australian Standard (AS) means a standard approved for publication on behalf of Standards Australia;

B‑double means a combination consisting of a prime mover towing 2 semi‑trailers;

B‑double

bicycle has the meaning given in the Road Traffic Code 2000 regulation 3(1);

bus means a motor vehicle built mainly to carry people that seats more than 9 adults (including the driver);

car means a motor vehicle built mainly to carry people that —

(a)seats not more than 9 adults (including the driver); and

(b)has a body commonly known as a sedan, station wagon, utility, coupe, convertible or roadster; and

(c)has 4 or more wheels;

car or bus means a motor vehicle, other than a motor cycle, or a motorised wheelchair, built mainly to carry people and includes the type of vehicle known as a utility;

centre, in relation to an axle, means —

(a)if the axle consists of one shaft — a line parallel to the length of the axle and passing through its centre; and

(b)if the axle consists of 2 shafts — a line in the vertical plane passing through the centre of both shafts and through the centres of the wheels on those shafts;

centre, in relation to an axle group, means —

(a)a line midway between the centres of the outermost axles of the group; or

(b)if the axle group consists of 2 axles, one of which is fitted with twice as many tyres as the other — a line one‑third of the way from the centre of the axle with more tyres to the centre of the axle with fewer tyres;

Centre of an axle group

Quad‑axle group

certificate of inspection means a certificate of inspection issued under regulation 18;

character includes letter and numeral;

combination means a group of vehicles consisting of a motor vehicle connected to one or more vehicles;

compliance plate, in relation to a vehicle, means a plate that —

(a)is approved by the Australian Motor Vehicle Certification Board; and

(b)relates to the vehicle; and

(c)indicates that the vehicle complies with all ADR applicable to vehicles of that make, model and year of manufacture;

controlled access bus means a bus, except an articulated bus, over 12.5 m long;

converter dolly means a trailer with one axle group or single axle, and a fifth wheel coupling, designed to convert a semi‑trailer into a dog trailer;

Converter dolly

dangerous goods has the meaning given the Dangerous Goods Safety Act 2004 section 3(1);

daytime means the period from sunrise to sunset;

defect notice means a notice mentioned in section 71(1);

dog trailer means a trailer (including a trailer consisting of a semi‑trailer and converter dolly) with —

(a)one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

(b)one axle group or single axle at the rear;

Dog trailer

drawbar means a part of a trailer (except a semi‑trailer) connecting the trailer body to a coupling for towing purposes;

engine identification number, for a vehicle, means the vehicle’s engine identification number that is required under regulation 274(2);

escort vehicle means a motor vehicle that is being used —

(a)to transport a police officer or an authorised person as defined in the Road Traffic Code 2000 regulation 3(1); and

(b)to warn other road users of the presence of an oversize vehicle;

fifth wheel coupling means a device, except the upper rotating element and the kingpin (which are parts of a semi‑trailer), used with a prime mover, semi‑trailer, or converter dolly, to allow quick coupling and uncoupling and to provide for articulation;

front fog light means a light used to improve the illumination of the road in case of fog, snowfall, heavy rain or a dust storm;

goods vehicle means a motor vehicle built or modified to be used primarily to carry goods or materials used in any trade, business or industry;

gross trailer mass (GTM) means the mass transmitted to the ground by the axles of a trailer when the trailer is loaded to its GVM and connected to a towing vehicle;

high‑beam, for a headlight or front fog light fitted to a vehicle, means that the light is built or adjusted so that, when the vehicle is standing on level ground, the top of the main beam of light projected is above the low‑beam position;

identifier means —

(a)in relation to a vehicle manufactured before 1 July 1988 —

(i)if the vehicle has an engine identification number or an individual chassis identification number — that number; or

(ii)if there is no such number — any number legibly and durably stamped on the vehicle by the vehicle’s manufacturer;

(b)in relation to a vehicle manufactured after 30 June 1988 —

(i)if the vehicle has a VIN — that number; or

(ii)in any other case — any number legibly and durably stamped on the vehicle by the vehicle’s manufacturer to identify the vehicle;

(c)if the CEO has, under a written law, allotted a number to replace a number mentioned in paragraph (a) or (b) — the replacement number;

(d)if a number mentioned in paragraph (a), (b) or (c) has been replaced under a corresponding law — the replacement number;

inspection station has the meaning given in section 70;

left, for a vehicle, means to the left of the centre of the vehicle when viewed by a person in the vehicle who is facing to the front of the vehicle;

licence holder, in relation to a vehicle, means a person in whose name the vehicle is licensed;

load‑sharing suspension system means an axle group suspension system that —

(a)is built to divide the load between the tyres on the group so that no tyre carries a mass over 10% more than the mass that it would carry if the load were divided equally; and

(b)has effective damping characteristics on all axles of the group;

loaded mass, of a vehicle, means the total mass of the vehicle and its load;

low‑beam, for a headlight or front fog light fitted to a vehicle, means that the light is built or adjusted so that, when the vehicle is standing on level ground, the top of the main beam of light projected is —

(a)not higher than the centre of the headlight or fog light, when measured 8 m in front of the vehicle; and

(b)not more than 1 m higher than the level where the motor vehicle is standing, when measured 25 m in front of the vehicle;

A headlight in the low‑beam position

mass rating for charging (MRC) means —

(a)the mass recorded on the compliance plate as —

(i)the aggregate trailer mass; or

(ii)the gross trailer mass rating; or

(iii)the GVM;

or

(b)in relation to a vehicle without a compliance plate, the maximum permissible loaded mass of the vehicle as determined by the CEO;

metropolitan region means the region described in the Planning and Development Act 2005 Schedule 3;

moped means a motor cycle or motor tricycle with an engine cylinder capacity of not over 50 mL and a maximum speed of not over 50 km/h;

motor cycle means a motor vehicle, other than a motorised wheelchair or a goods vehicle, that is not equipped with a permanent cab and cab roof and that —

(a)is designed to travel on 2 wheels, or, with a sidecar attached, 3 wheels; or

(b)has 3 wheels arranged so that the axis of rotation of 2 wheels lies on the same straight line and each of those 2 wheels is equidistant from the third;

motor home means a motor vehicle built for human habitation;

motor tricycle means a motor vehicle with 3 wheels, but does not include a two‑wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

motor vehicle means a vehicle to be propelled by a motor that forms part of the vehicle;

motorised wheelchair means a chair‑type vehicle that —

(a)is fitted with 3 or more wheels; and

(b)is fitted and designed only for the use of persons with a physical disability;

mudguard means a fitting or device, with or without a mudflap, that is built and fitted to a vehicle in a way that will, as far as practicable, catch or deflect downwards any stone, mud, water or other substance thrown up by the rotation of the wheel to which the fitting or device is fitted;

omnibus has the meaning given in section 130;

operator, in relation to a vehicle, means a person who otherwise controls or directs the operations of the vehicle;

over‑mass, in relation to a vehicle, means having a mass that exceeds an applicable mass requirement (whether or not the vehicle also has a dimension that exceeds an applicable dimension requirement);

oversize, in relation to a vehicle, means having a dimension that exceeds an applicable dimension requirement (whether or not the vehicle also has a mass that exceeds an applicable mass requirement);

peak hours means 7.30 a.m. to 9.00 a.m. and 4.30 p.m. to 6.00 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday, other than a public holiday;

pig trailer means a trailer with one axle group or a single axle near the middle of its load‑carrying surface, and connected to the towing vehicle by a drawbar;

Pig trailer

pilot vehicle means a motor vehicle, other than an escort vehicle, being used to warn other road users of the presence of an oversize or over‑mass vehicle;

point of articulation means —

(a)the axis of a kingpin for a fifth wheel; or

(b)the vertical axis of rotation of a fifth wheel coupling; or

(c)the vertical axis of rotation of a turntable assembly; or

(d)the vertical axis of rotation of the front axle group, or single axle, of a dog trailer; or

(e)the coupling pivot point of a semi‑trailer;

Point of articulation — fifth wheel coupling
on a converter dolly (forming the front axle

group of a dog trailer)

Point of articulation — fifth wheel on a prime mover

Point of articulation — kingpin for fifth wheel

pole‑type trailer, except in Part 11 Division 1 means a trailer that —

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

(b)is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports;

Pole‑type trailer

prime mover means a motor vehicle built to tow a semi‑trailer;

rear overhang, of a vehicle, means the distance between the rear overhang line and the rear of the vehicle;

Rear overhang and rear overhang line

Rear overhang and rear overhang line —
vehicle with tri
‑axle group at rear

Rear overhang and rear overhang line — semi‑trailer

repairable write‑off, in relation to a vehicle, has the meaning given in regulation 151;

right, for a vehicle, means to the right of the centre of the vehicle when viewed by a person in the vehicle who is facing to the front of the vehicle;

road train means a combination, except a B‑double, consisting of a motor vehicle towing at least 2 trailers (counting as a single trailer a converter dolly supporting a semi‑trailer);

Road train

seasonal heavy vehicle licence means a heavy vehicle licence that is endorsed “seasonal” under regulation 40;

section means section of the Act;

semi‑trailer means a trailer (including a pole‑type trailer) that has —

(a)one axle group or single axle to the rear; and

(b)a means of attachment to a prime mover that results in some of the load being imposed on the prime mover;

service brake, for a vehicle, means the brake normally used to decelerate the vehicle;

set, in relation to number plates of any kind, means one or more plates each of which bears the same characters;

single axle means an axle not forming part of an axle group;

special purpose vehicle means a motor vehicle, other than a tow truck or an agricultural vehicle, built for a purpose other than carrying a load, except for water in the case of concrete pumps and fire trucks;

statutory write‑off has the meaning given in regulation 150;

tow truck means a motor vehicle equipped with a crane used or intended to be used for the lifting, salvaging, carrying or towing of vehicles and includes any motor vehicle to which is attached (temporarily or otherwise) a device or trailer which is used or intended to be used for the lifting, salvaging and carrying of any motor vehicle;

trailer means a vehicle without its own motive power that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed;

turntable means a bearing built to carry vertical and horizontal loads, but does not allow quick separation of its upper and lower rotating elements, and that is used to connect and allow articulation between —

(a)a prime mover and semi‑trailer; or

(b)the steering axle or axle group of a dog trailer and the body of the trailer; or

(c)a fifth wheel coupling and the vehicle to which it is mounted;

unloaded mass has the meaning given in the Road Traffic (Administration) Act 2008 section 16(2);

vehicle identification number (VIN), for a vehicle, means the vehicle identification number that is required under regulation 274(4) for the vehicle;

Written‑Off Vehicle Register (WOVR) means the register mentioned in regulation 156;

yellow includes amber.

[Regulation 3 amended in Gazette 15 Nov 2016 p. 5063.]

4.Use or driving of a vehicle relates to roads

A reference in these regulations to the driving or use of a vehicle is a reference to the driving or use of the vehicle on a road.

5.Measuring distances between parallel lines

Unless the contrary intention appears, a reference to a distance between 2 lines that are parallel is a reference to the distance measured at right angles between the lines.

6.Required equipment to be in working order

If a provision of these regulations requires a vehicle to have any kind of equipment, the provision must be taken to be not complied with if the equipment is not in working order.

7.Restored vehicles

For the purposes of these regulations a vehicle that is being, or has been, restored to its manufacturer’s specifications, so far as it is practicable to meet the specifications, must be taken to have been built when it was originally built and not when it was restored.

8.Diagrams

(1)A diagram in these regulations is part of the regulations.

(2)A diagram of something other than the diagram in regulation 373(3) is an illustrative example of the thing in black and white, but does not represent its dimensions or the dimensions of any part of it.

9.Registered statutory write‑offs

For the purposes of these regulations, a vehicle must be taken not to comply with the standards and requirements set out in Parts 8, 10 and 11 that apply to that kind of vehicle if —

(a)the vehicle is registered as a statutory write‑off or a repairable write‑off in the Written‑Off Vehicle Register, and the registration has not been cancelled; or

(b)the vehicle’s identifier is the same number as a number that is registered in the Written‑Off Vehicle Register as the identifier of a vehicle that is a statutory write‑off or a repairable write‑off, and the registration has not been cancelled.

10.Freight containers

For the definition in section 3(1) of freight container, a reusable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711 Freight Containers, jointly published by Standards Australia and Standards New Zealand, that is designed for repeated use for the transport of goods by one or more modes of transport is prescribed.

11.Subsequent offences

(1)For the purposes of Parts 2, 3, 4 and 5 an offence under one of those Parts must be taken to be a subsequent offence if the person by whom it is committed had previously committed an offence —

(a)under a provision of any of those Parts; or

(b)under the repealed Road Traffic (Licensing) Regulations 1975 as in effect at any time.

(2)For the purposes of Part 12 an offence under that Part must be taken to be a subsequent offence if the person by whom it is committed had previously committed an offence —

(a)under any provision of that Part; or

(b)under the repealed Road Traffic (Tow Truck) Regulations 1975 as in effect at any time.

Part 2 — Licensing of vehicles

Division 1 — Preliminary

12.Terms used

In this Part —

heavy trailer means a trailer, other than a towed special purpose vehicle, with an MRC exceeding 4 500 kg;

heavy vehicle means —

(a)a vehicle with an MRC exceeding 4 500 kg that is an agricultural vehicle, a car or bus, a goods vehicle, a motor home, a prime mover or a special purpose vehicle; or

(b)a heavy trailer;

vehicle examiner has the meaning given in section 70.

13.Counting axles

For the purposes of this Part —

(a)2 axles not more than 1 m apart must be taken to be one axle; and

(b)3 axles, if the outside axles are not more than 2 m apart, must be taken to be 2 axles; and

(c)4 axles, if the outside axles are not more than 3.2 m apart, must be taken to be 3 axles.

14.Notification and reconsideration of vehicle licensing decisions

Part 15 provides for the notification and reconsideration of certain decisions made under Part 2 of the Act.

Division 2 — Vehicle licences

15.Vehicles required to be licensed

(1)For section 4(1), a vehicle licence is required for a vehicle that is a motor vehicle or a trailer.

(2)However, a vehicle licence is not required for a motor vehicle or trailer that is —

(a)an agricultural implement being towed on a road by another vehicle in respect of which a licence or permit under section 13(1) has been granted and is current; or

(b)an unlicensed vehicle of any type being towed on a road by a tow truck in respect of which a licence or permit under section 13(1) has been granted and is current; or

(c)a motor vehicle that is designed so as not to be capable of a speed exceeding 10 km/h; or

(d)a vehicle declared as an electric personal transporter under the Road Traffic Code 2000 regulation 230B.

[Regulation 15 amended in Gazette 24 Jun 2016 p. 2343.]

16.Period within renewal period and after the expiry of vehicle licence in which offence under s. 4(2) not committed

For section 4(3)(b), the period after the expiry of the licence is 15 days.

17.Prescribed standards and requirements

For sections 5(3)(a), 9(1)(b) and 19 the standards and requirements for a vehicle are the standards and requirements set out in Parts 8, 10 and 11 that apply to that kind of vehicle.

18.Who can issue certificates of inspection

For the purposes of section 19(1) and regulation 24(2) only these persons may examine a vehicle and issue a certificate of inspection —

(a)a vehicle examiner;

(b)a police officer.

19.Certain vehicle examiners to display authorisation at inspection stations

A person authorised under paragraph (b) of the definition of vehicle examiner in section 70 by the CEO as a person to examine and test vehicles for the purposes of the Act must ensure that evidence of the authorisation is displayed at each inspection station at which the person examines vehicles in the person’s capacity as a vehicle examiner.

20.Place of vehicle examination

(1)In this regulation —

vehicle examiner means a person authorised under paragraph (b) of the definition of vehicle examiner in section 70 by the CEO as a person to examine and test vehicles for the purposes of the Act.

(2)The authorisation of a vehicle examiner may specify a class of vehicle the examination of which may be undertaken at a place other than an inspection station.

(3)A certificate of inspection in relation to a vehicle examined by a vehicle examiner is of no effect unless —

(a)the examination of the vehicle is undertaken at an inspection station; or

(b)the vehicle is of a class specified under subregulation (2) in the authorisation of the vehicle examiner.

Division 3 — Grant, renewal, transfer and variation of vehicle licences

21.Minimum age for application for grant, transfer of vehicle licence

The minimum age at which an individual may apply for the grant or transfer of a vehicle licence for —

(a)a vehicle that is not a heavy vehicle is 16 years; or

(b)a heavy vehicle is 18 years.

22.Proof of age and identity of applicant for grant, transfer of vehicle licence

An application for the grant or transfer of a vehicle licence must be accompanied by proof of the applicant’s age and identity that the CEO requires.

23.Proof of ownership

(1)The CEO may require an applicant for the grant or transfer of a vehicle licence to give the CEO, within the time specified by the CEO, proof of the ownership of the vehicle or any other document or information that the CEO requires to determine the application and may require the applicant to verify the information by statutory declaration.

(2)The CEO may refuse to consider an application if the applicant does not comply with a requirement under subregulation (1) within the specified time.

24.Examination for licensing purposes

(1)If an application for the grant, renewal or transfer of a vehicle licence is received and, under an order under section 19(1), the grant, renewal or transfer, as the case may be, of that licence is prohibited unless and until the vehicle has been examined and a certificate of inspection has been issued, the CEO must either —

(a)examine the vehicle; or

(b)require the applicant to produce to the CEO a certificate of inspection that was issued not more than 3 months before the date of the application.

(2)If an application for the grant or renewal of a vehicle licence is received and subregulation (1) does not apply, the CEO may, if the CEO thinks necessary —

(a)examine the vehicle; or

(b)require the applicant to cause the vehicle to be examined by a vehicle examiner or police officer,

and must not grant or renew the licence if the vehicle is not found to be a vehicle that may be licensed under regulation 34, 35 or 36.

25.Declaration as to immobiliser

An applicant for the grant or transfer of a licence for a motor vehicle to which regulation 388 applies, must declare in writing, at the time of making the application, whether the vehicle complies with that regulation.

26.Weighbridge record

An applicant for the grant or transfer of a vehicle licence must, if required by the CEO, provide evidence of a record of a kind mentioned in the Road Traffic (Administration) Act 2008 section 112(2) in relation to the weight of —

(a)the unladen mass supported on the vehicle’s front axle including the mass of the axle or any axle group; and

(b)the unladen mass supported on the vehicle’s rear axle or axle group including the mass of the axle or any axle group.

27.Engine and vehicle identification numbers

(1)The CEO must not grant a licence for a vehicle —

(a)unless the vehicle has an engine identification number and there is compliance with regulation 274; or

(b)if the vehicle’s engine identification number has been, or appears to have been altered, defaced, obliterated or removed.

(2)The CEO must not grant a licence for a motor vehicle, trailer or semi‑trailer manufactured on or after 1 January 1989 —

(a)unless the vehicle has a VIN and there is compliance with regulation 274; or

(b)if the VIN has been, or appears to have been altered, defaced, obliterated or removed.

28.Form of licence

A licence document must be in a form approved by the CEO.

29.Grant of vehicle licence

(1)Except as provided in section 5 and subregulation (2), if an application is made for the grant of a licence —

(a)for a vehicle not previously licensed under the Act, the CEO must grant a licence for the vehicle to the applicant for a period mentioned in regulation 31; or

(b)for a vehicle for which the licence last granted or renewed under the Act expired before the period beginning 15 days before the day on which the application was made, the CEO must grant a licence for the vehicle to the applicant for a period mentioned in regulation 31.

(2)If —

(a)an application is made for the grant of a vehicle licence mentioned in subregulation (1)(b); and

(b)the application is made within the renewal period under regulation 30 in relation to the vehicle licence; and

(c)any number plate issued for the vehicle has not been returned to the CEO,

the CEO may refuse to grant the licence, in which case the application must be taken to be an application for a renewal of the licence last granted or renewed for that vehicle.

30.Renewal of vehicle licence

(1)In this regulation —

renewal period, in relation to a vehicle licence, means the period —

(a)beginning 3 months before the day on which the licence is to expire; and

(b)in the case of a licence except a seasonal heavy vehicle licence, ending 3 months after the day on which the licence expired; and

(c)in the case of a seasonal heavy vehicle licence, ending —

(i)2 months after the day on which the licence expired; or

(ii)11 months after the day on which the licence was granted,

whichever comes first.

(2)Except as provided in section 5, for section 6(2)(b), if an application for the renewal of a vehicle licence is made within the renewal period, the CEO must renew the licence for a period mentioned in regulation 31.

(3)If an application for the renewal of a vehicle licence is made before the renewal period, the CEO must refuse to renew the licence.

(4)If an application for the renewal of a vehicle licence is made after the renewal period, the CEO must refuse to renew the licence and the application must be taken to be an application for the grant of a licence for the vehicle.

(5)For the purposes of section 6(2)(c), a renewal of a vehicle licence within the period beginning 15 days after the day on which the licence expired continues the licence.

(6)For the purposes of section 6(2)(d), when a vehicle licence is renewed more than 15 days after the day on which the licence expired, the licence must be taken as having effect from the time the licence is renewed.

31.Period of grant or renewal of vehicle licence

(1)The period for which a vehicle licence, except a seasonal heavy vehicle licence, must be granted or renewed is a period elected by the applicant for the grant or renewal, being —

(a)a period of one year, 6 months or 3 months; or

(b)if the CEO so approves in a particular case — any period up to one year.

(2)The period for which a seasonal heavy vehicle licence must be granted is a period elected by the applicant for the grant, being —

(a)a period of 6 months, 5 months, 4 months or 3 months; or

(b)if the CEO so approves in a particular case — any period up to one year.

(3)The period for which a seasonal heavy vehicle licence must be renewed is a period elected by the applicant for the renewal, being —

(a)a period of one month; or

(b)if the CEO so approves in a particular case — any period up to one year.

(4)The period for which a licence is granted begins on the day on which the licence is granted.

(5)The period for which a licence is renewed begins on the day after the day on which the licence expires.

32.CEO may vary, grant or renew licences so that they expire on the same day

Despite regulations 29, 30 and 31, the CEO may, on the application of a licence holder of 3 or more vehicle licences —

(a)vary the licences so that they all expire on the same day, being a day selected by the CEO; and

(b)if licences have been varied under paragraph (a), grant or renew any other vehicle licence held by the same licence holder so that the licence expires on the day mentioned in that paragraph.

Division 4 — Classification of vehicle licences

33.Classes of vehicle licences

For section 17, the classes of vehicle licences are Class A, Class B and Class C.

34.Class A vehicle licences

The CEO may license a motor vehicle as of Class A, for unlimited use, if the vehicle complies, in every respect, with the standards and requirements set out in Parts 8, 10 and 11 that apply to that kind of motor vehicle, and not otherwise.

35.Class B vehicle licences

(1)The CEO may license, as of Class B, a motor vehicle that does not comply, in some respect, with the standards and requirements set out in Parts 10 and 11 that apply to that kind of motor vehicle, as long as —

(a)the vehicle complies with Part 8; and

(b)the use of the vehicle is limited in the manner directed by the CEO and, in any event, is so limited that it will not constitute a hazard to other road users.

(2)The CEO may license a motor vehicle as of Class B if the vehicle —

(a)is an agricultural machine; or

(b)is a vehicle that does not comply with Part 8 but the licensing of the vehicle is specially approved, or the licensing of vehicles of its class is generally approved, by the CEO and the use of the vehicle is limited in conformity with any conditions to which that approval is subject.

(3)The CEO must endorse each licence of Class B with the conditions imposed on the use of the vehicle.

36.Class C vehicle licences

(1)The CEO may license, as of Class C, a vehicle that —

(a)does not comply with Part 8; and

(b)is constructed, or has a weight carried by one or more axles, so that it could not, without reconstruction, be made to comply with Part 8; and

(c)is of a class not designed primarily for the carriage of passengers or goods, but for use in the industrial pursuits of mining, quarrying, earth moving, earth drilling, forestry, timber getting, the making, maintenance or cleaning of roads or the construction of major works,

if the licensing of the vehicle is specially approved, or the licensing of vehicles of its class is generally approved, by the CEO and the use of the vehicle is limited in conformity with any condition to which that approval is subject.

(2)The CEO must endorse each licence of Class C with the conditions imposed on the use of the vehicle.

37.Vehicle use to be in accordance with licence conditions

A person must not use, or permit an employee of the person to use, a vehicle the subject of a Class B or Class C licence in breach of a condition imposed on the use of the vehicle.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

38.Classes of licences for heavy vehicles

(1)In this regulation —

goods vehicle derivative means a self‑propelled special purpose vehicle in which the forward part of the body form and the greater part of the mechanical equipment are the same as in a goods vehicle;

Table means the Table to subregulation (4);

trailer derivative means a caravan (trailer type) or plant trailer, in which the body form and the greater part of the mechanical equipment are the same as in a trailer or semi‑trailer.

(2)For the purposes of this regulation —

(a)a converter dolly and a semi‑trailer when used together are to be regarded as one trailer; and

(b)a vehicle exceeds the maximum permissible axle loading if, and only if, the mass supported on any axle or axle group of the vehicle exceeds the applicable mass requirement.

(3)For section 17, and without limiting regulation 33, the classes of licences for heavy vehicles are set out in the Table.

(4)The CEO must license a heavy vehicle as of a particular class according to these features as indicated in the Table —

(a)the description of the vehicle;

(b)the number of axles that the vehicle has;

(c)the MRC of the vehicle.

Table — Classes of licences for heavy vehicles

 

Column 1

Column 2

Column 3

Column 4

 

Class

No. of axles

MRC

Conditions as to heavy trailers hauled

Car or bus (not articulated)

 

1B2

2

12 000 kg or under

 

 

2B2

2

over 12 000 kg

 

 

2B3

3

any

 

Car or bus (articulated)

 

AB3

3

any

 

Goods vehicle or motor home

 

1R2

2

12 000 kg or under

nil

 

2R2

2

over 12 000 kg

nil

 

1R3

3

16 500 kg or under

nil

 

2R3

3

over 16 500 kg

nil

 

1R4

4

20 000 kg or under

nil

 

2R4

4

over 20 000 kg

nil

 

1R5

5 or more

20 000 kg or under

nil

 

2R5

5 or more

over 20 000 kg

nil

 

SR2

2

any

1

 

SR3

3

any

1

 

SR4

4

any

1

 

SR5

5

any

1

 

MR2

2

any

1

 

MR3

3

any

1

 

MR4

4

any

1

 

MR5

5 or more

any

1

 

LR2

2

any

 

 

LR3

3

any

 

 

LR4

4

any

 

 

LR5

5 or more

any

 

Prime mover

 

SP2

2

any

1 semi‑trailer and nil other trailers

 

SP3

3

any

1 semi‑trailer and nil other trailers

 

SP4

4

any

1 semi‑trailer and nil other trailers

 

SP5

5 or more

any

1 semi‑trailer and nil other trailers

 

MC2

2

any

2 semi‑trailers if no other trailers, otherwise 1 semi‑trailer

 

MC3

3

any

2 semi‑trailers if no other trailers, otherwise 1 semi‑trailer

 

MC4

4

any

2 semi‑trailers if no other trailers, otherwise 1 semi‑trailer

 

MC5

5 or more

any

2 semi‑trailers if no other trailers, otherwise 1 semi‑trailer

Trailer, not being a towed special purpose vehicle

 

HT

any

any

 

Special purpose vehicle

Other than goods vehicle derivative or trailer derivative

 

PSV

any

any

 

Goods vehicle derivative or trailer derivative not exceeding maximum permissible axle mass loading

 

TSV

any

any

 

Goods vehicle derivative or trailer derivative exceeding maximum permissible axle mass loading

 

OSV2

1 or 2

any

 

 

OSV3

3

any

 

 

OSV4

4

any

 

 

OSV5

5

any

 

 

OSV6

6

any

 

 

OSV7

7

any

 

 

OSV8

8

any

 

 

OSV9

9

any

 

(5)If more than one class is appropriate for a vehicle —

(a)of that description; and

(b)with that number of axles; and

(c)with that MRC,

the licence must be of whichever of those classes the owner of the vehicle nominates before the licence is granted or renewed.

39.Conditions imposed as to heavy trailers hauled

(1)If in column 4 of the Table to regulation 38(4) —

(a)“nil” is indicated, a licence of the class described in column 1 of the Table includes a condition that the vehicle must not be used to haul a heavy trailer; or

(b)a number is indicated, a licence of the class described in column 1 of the Table includes a condition that the vehicle must not be used to haul more than that number of heavy trailers; or

(c)a number is indicated followed by a trailer description, a licence of the class described in column 1 of the Table includes a condition that the vehicle must not be used to haul more than that number of heavy trailers of that description but unless otherwise specified the hauling of trailers not of that description is not limited; or

(d)“nil” is indicated followed by a trailer description, a licence of that class includes a condition that the vehicle must not be used to haul a heavy trailer of that description.

(2)A vehicle licence of class SR2, SR3, SR4 or SR5 in the Table to regulation 38(4) includes a condition that the vehicle must not be used to haul a heavy trailer if the vehicle and trailer together have more than 6 axles or a mass greater than 42.5 t.

40.Certain heavy vehicle licences to be endorsed “seasonal”

The CEO must grant or renew a heavy vehicle licence with the endorsement “seasonal” if the person making the application for the grant or renewal specifies that the vehicle is to be used only —

(a)on a road; or

(b)for seasonal work during the year beginning on the day the licence is granted.

41.Vehicle use to be in accordance with licence

A person must not use, or permit an employee of the person to use, a heavy vehicle the subject of a licence in breach of a condition imposed on the use of the vehicle.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

42.Vehicle licence to be carried, produced in certain cases

(1)A person must not drive, or cause or permit to be driven, a vehicle licensed as of Class C, unless the vehicle licence is carried in or on the vehicle.

(2)The holder of a Class B or Class C licence or a person having it in the person’s possession must, if required to do so by a police officer, produce the vehicle licence for inspection.

Division 5 — Permits for unlicensed vehicles

43.Term used: permit

In this Division —

permit means a permit under section 13(1).

44.Application for permit

(1)An application for a permit must specify the period for which the applicant requests the permit to have effect which may be a period —

(a)not exceeding 2 days; or

(b)of one month or any number of months up to and including 12 months.

(2)An application for a permit in relation to a vehicle that —

(a)does not comply with the requirements necessary for licensing the vehicle under the Act; and

(b)is designed or used primarily for recreational, sporting or like purposes,

must be made in writing to the CEO at least 14 days before the commencement of the period in respect of which the permit is requested.

(3)An application for a permit must be accompanied by the relevant fee under subregulation (4).

(4)The fee payable for a permit is —

(a)if the permit is requested in respect of a period not exceeding 2 days, $8.95; and

(b)if the permit is requested in respect of a period of one or more months, the greater of —

(i)the amount assessed by dividing 10% of the relevant vehicle licence charge by 12 then multiplying that sum by the number of months in respect of which the permit is requested; or

(ii)$24.00.

(5)If the CEO is also required or requested to incorporate a policy of insurance under the Motor Vehicle (Third Party Insurance) Act 1943 to cover a vehicle for the period for which a permit has effect, the application for the permit must be accompanied by —

(a)the appropriate premium for the policy of insurance under that Act; and

(b)the duty payable on the policy of insurance under the Duties Act 2008.

[Regulation 44 amended in Gazette 12 Jun 2015 p. 2037; 14 Jun 2016 p. 1996.]

45.Grant of permit

(1)A permit document must be in a form approved by the CEO.

(2)The permit document must set out —

(a)any conditions imposed on the grant of the permit in addition to the requirements specified by the CEO as mentioned in section 13(1); and

(b)the period for which the permit has effect.

(3)The grant of a permit incorporating a policy of insurance under the Motor Vehicle (Third Party Insurance) Act 1943 is subject to the Motor Vehicle (Third Party Insurance) Regulations 2009.

46.Vehicle use to be in accordance with permit

A person must not drive, or cause or permit the driving of, a vehicle for which a permit has been granted, except in accordance with the permit.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

47.Display of signs

A person must not use or cause to be used a vehicle on which there is displayed a sign which indicates that the vehicle or its load exceeds a dimension requirement, unless at the time that the vehicle is so used, a sign of that kind is required to be displayed on the vehicle by a permit.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

Division 6 — Miscellaneous

48.Duplicate or certified copy of vehicle licence document

The CEO must, on payment of a fee of $8.80, issue a duplicate or certified copy of a vehicle licence document that has been lost or destroyed, to a licence holder of the vehicle or, in the event of that person’s death, to the person’s executor or administrator.

[Regulation 48 amended in Gazette 12 Jun 2015 p. 2037; 14 Jun 2016 p. 1996.]

49.Licences not current

If a vehicle’s licence is suspended or cancelled or has been obtained by misrepresentation or fraud, a licence holder of the vehicle must, if required to do so by a police officer, forthwith deliver up the licence.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 2 PU.

50.Change of personal details

(1)In this regulation —

personal details, in relation to a person, means —

(a)the person’s full name;

(b)the address of where the person is currently living.

(2)A person who is a licence holder of a vehicle must, within 21 days after each change to the person’s personal details that are specified in the licence, give the CEO notice of the change and of the new personal details either in writing or in any other manner approved by the CEO.

Penalty for an offence under this subregulation:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty for an offence under this subregulation: 1 PU.

51.Licence documents to be handed over on disposal

(1)In this regulation —

new owner has the meaning given in section 10(4).

(2)A person who, as principal or agent, disposes of a used licensed vehicle, must ensure that at the time of the disposal the new owner of the vehicle is given the current licence document for the vehicle.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 2 PU.

(3)A person who, as principal or agent, disposes of a used vehicle the licence for which has expired in the 3 month period before the time of the disposal, must ensure that at the time of the disposal the new owner of the vehicle is given the most recent licence document for the vehicle.

Penalty for an offence under this subregulation:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty for an offence under this subregulation: 2 PU.

Division 7 — Vehicle licence charges

Subdivision 1 — General

52.Terms used

(1)In this Division —

agricultural special purpose vehicle means a special purpose vehicle that the CEO is satisfied will be used exclusively in a farming business;

farm means the land on which a farmer carries on the farmer’s farming business;

farmer means a person who carries on business as a farmer or grazier;

farming business means the business of farming or grazing;

stock means cattle, sheep, goats or swine.

(2)A reference in this Division to a vehicle being used for any purpose is to be read as a reference to the vehicle being used for that purpose during the period in respect of which a vehicle licence for the vehicle is to be granted or renewed.

53.Vehicle licence charges

The charge for granting and renewing a licence for a vehicle is the charge specified for the vehicle in this Division.

54.Calculation of vehicle licence charges

(1)The vehicle licence charge payable for a vehicle for a period of one year is —

(a)for a vehicle other than a heavy vehicle, the charge payable under Subdivision 2;

(b)for a heavy vehicle, the charge payable under Subdivision 3.

(2)The vehicle licence charge payable for a vehicle for a period of 6 months is 50% of the charge payable for that vehicle for a period of one year.

(3)The vehicle licence charge payable for a vehicle for a period of 3 months is 25% of the charge payable for that vehicle for a period of one year.

(4)The vehicle licence charge payable for a vehicle for any other period of less than one year is determined in accordance with this formula —

(5)A charge for the renewal of a vehicle licence is to be calculated by reference to the charge applicable on the day next succeeding the day on which the licence would have expired but for the renewal.

(6)For the purposes of ascertaining a charge under this Division, the tare of a vehicle is —

(a)as specified by the vehicle’s manufacturer; or

(b)as specified by the CEO if —

(i)the manufacturer has not specified the tare; or

(ii)the manufacturer cannot be identified; or

(iii)the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.

Subdivision 2 — Vehicle licence charges for vehicles other than heavy vehicles

55.Application

This Subdivision applies to vehicles other than heavy vehicles (as defined in regulation 12).

56.Licence fees: calculation and reduction

(1)The licence fee payable for a vehicle for a period of one year is an amount of $13.20 plus an amount calculated in accordance with this Subdivision.

(2)If an application is made for the grant or renewal of a licence for a vehicle and an election is made under regulation 31(1) for a one year grant of that licence, the fee for the grant or renewal is reduced by $6.60.

(3)A reduction under subregulation (2) is to apply before any concession under these regulations.

57.Car, bus, goods vehicle and motor home

For a car or bus, a goods vehicle or a motor home the charge is $21.68 per 100 kg, or part of 100 kg, of tare, subject to a maximum licence fee of $472.00.

[Regulation 57 amended in Gazette 27 May 2015 p. 1865 and 1871; 27 May 2016 p. 1552; 26 May 2017 p. 2643.]

58.Prime mover

For a prime mover the charge is $21.68 per 100 kg, or part of 100 kg, of tare, subject to a maximum fee of $1 246.00.

[Regulation 58 amended in Gazette 27 May 2015 p. 1865 and 1871; 27 May 2016 p. 1552; 26 May 2017 p. 2643.]

59.Trailer other than towed special purpose vehicle

For a trailer other than a towed special purpose vehicle the charge is $10.84 per 100 kg, or part of 100 kg, of tare.

[Regulation 59 amended in Gazette 27 May 2015 p. 1866; 27 May 2016 p. 1552; 26 May 2017 p. 2643.]

60.Motor cycle

(1)The charge is $43.36 for a motor cycle that —

(a)has a piston engine and an engine capacity that does not exceed 250 cm3; or

(b)does not have a piston engine and has a power‑to‑weight ratio that does not exceed 150 kW/t.

(2)The charge is $65.04 for a motor cycle that —

(a)has a piston engine and an engine capacity that exceeds 250 cm3; or

(b)does not have a piston engine and has a power‑to‑weight ratio that exceeds 150 kW/t.

[Regulation 60 amended in Gazette 27 May 2015 p. 1866; 27 May 2016 p. 1553; 26 May 2017 p. 2643.]

61.Special purpose vehicle

For a special purpose vehicle the charge is $5.42 per 100 kg, or part of 100 kg, of the tare, subject to a maximum fee of $112.00.

[Regulation 61 amended in Gazette 27 May 2015 p. 1866; 27 May 2016 p. 1553; 26 May 2017 p. 2643.]

Subdivision 3 — Vehicle licence charges for heavy vehicles

62.Application

This Subdivision applies to heavy vehicles (as defined in regulation 12).

63.Car or bus

For a car or bus the charge is an amount corresponding to the licence class in the Table.

Table

Licence class

Charge

$

1B2

472

2B2

472

2B3

2 600

AB3

472

[Regulation 63 amended in Gazette 27 May 2015 p. 1867‑8; 26 May 2017 p. 2643.]

64.Goods vehicle and motor home

For a goods vehicle or motor home the charge is an amount corresponding to the licence class in the Table.

Table

Licence class

Charge

$

1R2

472

2R2

812

1R3

812

2R3

1 069

1R4

812

2R4

1 069

1R5

812

2R5

1 069

SR2

812

SR3

1 069

SR4

1 984

SR5

1 984

MR2

7 262

MR3

7 262

MR4

7 843

MR5

7 843

LR2

10 014

LR3

10 014

LR4

10 014

LR5

10 014

[Regulation 64 amended in Gazette 27 May 2015 p. 1868‑9; 26 May 2017 p. 2643-4.]

65.Prime mover

For a prime mover the charge is an amount corresponding to the licence class in the Table.

Table

Licence class

Charge

$

SP2

1 246

SP3

4 896

SP4

5 385

SP5

5 385

MC2

8 786

MC3

8 786

MC4

9 664

MC5

9 664

[Regulation 65 amended in Gazette 27 May 2015 p. 1869-70; 26 May 2017 p. 2643-4.]

66.Trailer, not being a towed special purpose vehicle

For a trailer other than a towed special purpose vehicle (licence class HT) the charge is $472.00 for every axle fitted.

[Regulation 66 amended in Gazette 27 May 2015 p. 1871; 26 May 2017 p. 2643-4.]

67.Special purpose vehicle

For a special purpose vehicle the charge is an amount corresponding to the licence class in the Table.

Table

Licence class

Charge

$

PSV

112

TSV

112

OSV2

385

OSV3

771

OSV4

1 155

OSV5

1 541

OSV6

1 927

OSV7

2 312

OSV8

2 698

OSV9

3 082

[Regulation 67 amended in Gazette 27 May 2015 p. 1870-1; 26 May 2017 p. 2643-4.]

Subdivision 4 — Exemptions

68.Exemptions not available for seasonally licensed heavy vehicles

This Subdivision does not apply to a seasonally licensed heavy vehicle.

69.Government, emergency vehicles

A vehicle licence charge is not payable for a vehicle that —

(a)is owned by the Crown in right of the State and has an MRC not exceeding 4 500 kg; or

[(b)deleted]

(c)is —

(i)owned by the Crown in any capacity or a local government; and

(ii)under the control of the chief executive officer of the department of the Public Service principally assisting in the administration of the Fire and Emergency Services Act 1998; and

(iii)to be used exclusively for preventing and extinguishing fires or dealing with other emergencies;

or

(d)is to be used exclusively as an ambulance.

[Regulation 69 amended in Gazette 7 Feb 2017 p. 1178.]

70.Farm vehicles

(1)This regulation does not apply to an agricultural machine or agricultural special purpose vehicle.

(2)A vehicle licence charge is not payable for a vehicle if the CEO is satisfied that the vehicle is owned by a farmer and is to be used only on the owner’s farm or —

(a)to pass from one portion of the farm to another; or

(b)to travel between the farm and some other place to carry out firefighting or fire prevention operations; or

(c)to travel between the farm and some other place to take part in fire control exercises previously authorised by a bush fire control officer appointed under the Bush Fires Act 1954; or

(d)if the farm is in an area that is declared by the Minister administering the Biosecurity and Agriculture Management Act 2007 to be drought affected or water deficient, to travel between the farm and a water supply for the purpose of carting water for stock or for domestic purposes.

71.Vehicles owned by full‑time carers

A vehicle licence charge is not payable for a vehicle if the CEO is satisfied that the vehicle is owned by a person who is receiving from the Commonwealth agency known as Centrelink the maximum amount of the carer’s payment.

72.Exemption or refund in exceptional circumstances

(1)If the CEO is satisfied that exceptional circumstances warrant the refund, waiver or reduction being given in a particular case, the CEO may, in that case —

(a)refund all or part of a payment that has been made in respect of any vehicle licence charge; or

(b)in writing, waive or reduce a vehicle licence charge.

(2)The CEO may, in writing given to a person affected by a decision under subregulation (1)(b), vary or revoke the waiver or reduction.

(3)A refund, waiver or reduction may be given subject to the conditions imposed by the CEO and specified in the licence.

(4)A person must not contravene a condition imposed under subregulation (3).

Penalty for an offence under this subregulation: a fine of 8 PU.

Subdivision 5 — Concessions

73.Concessions not available for seasonally licensed heavy vehicles

This Subdivision does not apply to a seasonally licensed heavy vehicle.

74.Certain heavy vehicles used outside South‑west Division

The vehicle licence charge payable for a vehicle is reduced by 50% if the CEO is satisfied that the vehicle —

(a)has an unloaded mass exceeding 2 t; and

(b)is to be used exclusively on roads outside the South‑west Division as described in the Land Administration Act 1997 Schedule 1.

75.Vehicles used for prospecting

The vehicle licence charge payable for a vehicle is reduced by 50% if the CEO is satisfied that the vehicle —

(a)is owned by — 

(i)a genuine prospector; or

(ii)a person (other than a company as defined in the Corporations Act 2001 (Commonwealth)) who searches for or produces metals or minerals from land in which the person holds an interest;

and

(b)is to be used by that prospector or person exclusively or principally in connection with prospecting.

76.Vehicles used for pulling sandalwood

The vehicle licence charge payable for a vehicle is reduced by 50% if the CEO is satisfied that the vehicle —

(a)is owned by a genuine sandalwood puller; and

(b)is to be used by that person exclusively or principally in connection with the pulling of sandalwood.

77.Vehicles used for kangaroo hunting

The vehicle licence charge payable for a vehicle is reduced by 50% if the CEO is satisfied that the vehicle —

(a)is owned by a genuine kangaroo hunter; and

(b)is to be used by that person exclusively or principally in connection with the hunting of kangaroos.

78.Vehicles used for beekeeping

The vehicle licence charge payable for a vehicle is reduced by 50% if the CEO is satisfied that the vehicle —

(a)is owned by a person who is a beekeeper as defined in the Biosecurity and Agriculture Management Regulations 2013 and who engages in the keeping of bees substantially as a means of livelihood; and

(b)is to be used by the person exclusively or principally in connection with beekeeping.

79.Certain vehicles used to transport stock

(1)The vehicle licence charge payable for a vehicle is reduced by 50% if the CEO is satisfied that the vehicle —

(a)has an unloaded mass exceeding 1 524 kg; and

(b)is owned by a person who carries on the business of transporting stock; and

(c)is to be used by the person exclusively or principally for journeys that involve the carriage of stock.

(2)A vehicle licence in respect of which a reduced vehicle licence charge is paid under subregulation (1) is taken to be subject to conditions that —

(a)the vehicle must not be used for any journey that involves the carriage of goods other than a journey that involves the carriage of stock; and

(b)goods other than stock must not be carried on the vehicle in the course of a journey that involves the carriage of stock unless the carriage of those goods is authorised by the CEO under subregulation (3).

(3)The CEO may, on payment of a fee of $11.50, authorise the use of a vehicle to which this regulation applies to carry goods other than stock on a specified journey or on a specified part of a journey.

(4)An authorisation is to be in writing and may be amended or revoked by the CEO.

(5)All fees received by the CEO under subregulation (3) are to be credited to the Consolidated Account.

80.Vehicles used for farm haulage

(1)This regulation does not apply to —

(a)an agricultural machine or an agricultural special purpose vehicle; or

(b)a vehicle that has an unloaded mass of less than 1 524 kg.

(2)The vehicle licence charge payable for a vehicle that is a goods vehicle, trailer, semi‑trailer or is to be used for the purpose of hauling a trailer or semi‑trailer is reduced by 50% if the CEO is satisfied that the vehicle —

(a)is owned by a farmer; and

(b)is to be used exclusively or principally for carrying the products of, or requisites for, the owner’s farming business.

(3)A reduction under this regulation does not apply at any one time in respect of more than one vehicle used in connection with the carrying on of the same business.

(4)Subregulation (3) does not prevent a reduction applying in respect of —

(a)a semi‑trailer if a reduction also applies in respect of a vehicle that is to be used for the purpose of hauling that semi‑trailer; or

(b)a vehicle if a reduction also applies in respect of a semi‑trailer that is to be hauled by that vehicle.

81.Agricultural machines and agricultural special purpose vehicles

The vehicle licence charge payable for a vehicle that is an agricultural machine or agricultural special purpose vehicle is reduced to $4 if the CEO is satisfied that the vehicle is only to be used for one or more of these purposes —

(a)to pass from one portion of a farm to another;

(b)to travel between a farm and some other place for farming activities;

(c)to carry out firefighting or fire prevention operations;

(d)to take part in fire control exercises previously authorised by a bush fire control officer appointed under the Bush Fires Act 1954;

(e)if a farm is in an area that is declared by the Minister administering the Biosecurity and Agriculture Management Act 2007 to be drought affected or water deficient, to travel between that farm and a water supply for the purpose of carting water for stock or for domestic purposes.

82.Certain semi‑trailers

The vehicle licence charge payable for a semi‑trailer is reduced by 75% if the CEO is satisfied that, during the period for which the licence fee is to be calculated —

(a)the semi‑trailer will be towed by a prime mover licensed in the name of the owner of the semi‑trailer and no other prime mover; and

(b)the semi‑trailer will not be towed together with another trailer; and

(c)other semi‑trailers licensed in the name of the owner will be towed by that prime mover and no other prime mover.

83.Vehicles owned by pensioners, seniors

(1)The vehicle licence charge payable for a vehicle is reduced by 50% if the CEO is satisfied that the vehicle —

(a)is —

(i)a car or bus with an unloaded mass not exceeding 3 000 kg; or

(ii)a goods vehicle with an unloaded mass not exceeding 3 000 kg; or

(iii)a motor home; or

(iv)a motor cycle; or

(v)a moped as defined in the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 3;

and

(b)is owned by a person whom the CEO is satisfied —

(i)is the holder of a current pensioner concession card issued by the Department of Social Security, or the Department of Veteran’s Affairs, of the Commonwealth; or

(ii)is the holder of both a WA Seniors Card and a Commonwealth Seniors Health Card.

(2)A person is not entitled to a reduction under this regulation in respect of more than one vehicle at any one time.

84.Motor homes

The vehicle licence fee that, but for this regulation, would be payable for a motor home is reduced by 50%.

85.Reductions not cumulative

(1)Subject to subregulation (3), only one reduction under this Subdivision is to be applied to the vehicle licence fee of a vehicle for any year.

(2)If a vehicle qualifies for 2 or more reductions under this Subdivision, the owner of the vehicle may choose which one is to be applied.

(3)A vehicle licence fee that has been reduced under a regulation in this Subdivision, can be further reduced in accordance with regulation 84.

Division 8 — Fees relating to vehicle licensing

Subdivision 1 — Vehicle examination fees

86.Terms used

In this Subdivision —

motor carrier means a —

(a)motor vehicle that —

(i)is designed to travel on 3 wheels; and

(ii)has an unladen mass of not more than 1 016 kg; and

(iii)is designed with a significant portion of its steering mechanism and other controls similar to those of a motor cycle;

or

(b)motorised wheelchair other than a motorised wheelchair that is designed so as not to be capable of a speed exceeding 10 km/h;

region, in relation to a named region, means the region of that name described in the Regional Development Commissions Act 1993 Schedule 1.

87.Fees for vehicle examinations in non‑regional areas

(1)The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO for the purposes of the Act.

(2)This regulation applies only if the examination is conducted in a place other than a region mentioned in this Division.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





65.30





51.00

Heavy vehicle

150.80

99.90

All other vehicles

94.85

65.30

[Regulation 87 amended in Gazette 12 Jun 2015 p. 2037; 14 Jun 2016 p. 1996.]

88.Fees for vehicle examination in the Gascoyne region

The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO in the Gascoyne region for the purposes of the Act.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





73.30





57.25

Heavy vehicle

169.30

112.15

All other vehicles

106.50

73.30

[Regulation 88 amended in Gazette 12 Jun 2015 p. 2037; 14 Jun 2016 p. 1996-7.]

89.Fees for vehicle examination in the Goldfields‑Esperance region

The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO in the Goldfields‑Esperance region for the purposes of the Act.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





67.35





52.60

Heavy vehicle

155.60

103.05

All other vehicles

97.85

67.35

[Regulation 89 amended in Gazette 12 Jun 2015 p. 2037‑8; 14 Jun 2016 p. 1997.]

90.Fees for vehicle examination in the Great Southern and Peel regions

(1)The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO for the purposes of the Act.

(2)This regulation applies only if the examination is conducted in the Great Southern region or Peel region.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





65.30





51.00

Heavy vehicle

150.80

99.90

All other vehicles

94.85

65.30

[Regulation 90 amended in Gazette 12 Jun 2015 p. 2038; 14 Jun 2016 p. 1994 and 1997.]

91.Fees for vehicle examination in the Kimberley region

The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO in the Kimberley region for the purposes of the Act.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





75.35





58.85

Heavy vehicle

174.00

115.25

All other vehicles

109.45

75.35

[Regulation 91 amended in Gazette 12 Jun 2015 p. 2038; 14 Jun 2016 p. 1997.]

92.Fees for vehicle examination in the Mid West region

The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO in the Mid West region for the purposes of the Act.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





67.15





52.45

Heavy vehicle

155.15

102.75

All other vehicles

97.60

67.15

[Regulation 92 amended in Gazette 12 Jun 2015 p. 2038; 14 Jun 2016 p. 1998.]

93.Fees for vehicle examination in the Pilbara region

The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO in the Pilbara region for the purposes of the Act.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





76.70





59.90

Heavy vehicle

177.15

117.35

All other vehicles

111.40

76.70

[Regulation 93 amended in Gazette 12 Jun 2015 p. 2038; 14 Jun 2016 p. 1998.]

93A.Fees for vehicle examination in the South West region

The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO in the South West region for the purposes of the Act.

Table

Vehicle

First examination

($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





66.70





52.10

Heavy vehicle

154.10

102.05

All other vehicles

96.90

66.70

[Regulation 93A amended in Gazette 14 Jun 2016 p. 1994-5.]

94.Fees for vehicle examination in the Wheatbelt region

The fees specified in the Table are payable by the owner of a vehicle for examination of the vehicle by the CEO in the Wheatbelt region for the purposes of the Act.

Table

Vehicle

First examination
($)

Subsequent examination
($)

Motor home or trailer without brakes, motor cycle, motor carrier, vehicle with engine change





66.80





52.15

Heavy vehicle

154.25

102.15

All other vehicles

97.00

66.80

[Regulation 94 amended in Gazette 12 Jun 2015 p. 2038‑9; 14 Jun 2016 p. 1998.]

95.Fees for examination for verification of identity

(1)The fee specified in the Table for the place at which is conducted an examination of the licensed vehicle by the CEO for the purpose of verifying the vehicle’s identity or specifications is payable by the vehicle’s owner.

Table

Place of examination

Fee ($)

Place other than a region mentioned in this Division


65.30

Gascoyne region

73.30

Goldfields‑Esperance region

67.35

Great Southern region, Peel region

65.30

Kimberley region

75.35

Mid West region

67.15

Pilbara region

76.70

South West region

66.70

Wheatbelt region

66.80

(2)If the CEO is satisfied that a compliance plate has previously been fitted to a vehicle, but is no longer attached due to loss or damage, then the vehicle is to be taken to be fitted with a compliance plate for the purposes of subregulation (1).

[Regulation 95 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1995-6.]

96.Exemption for person with disability

If the controls of a vehicle other than a heavy vehicle have been, in the opinion of a person authorised to issue a certificate of inspection in relation to the vehicle, substantially modified to enable use by a person with disability, the owner of that vehicle is exempt from the payment of fees under this Subdivision if that owner is the person for whose use the vehicle has been modified.

Subdivision 2 — Other fees relating to vehicle licensing

97.Fees for inspection stations not operated by CEO

A person authorised by the CEO to establish premises at which vehicles are examined and tested for the purposes of the Act is to pay —

(a)a fee of $261.95 to establish the premises as an inspection station; and

(b)a fee of $131.70 each year for the renewal of the authorisation.

[Regulation 97 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1998.]

98.Fee payable by motor vehicle dealer or vehicle manufacturer licensing vehicle

(1)A fee of $12.20 is payable —

(a)by a motor vehicle dealer licensed under the Motor Vehicle Dealers Act 1973 section 15 wishing to licence a vehicle that is intended to be sold by the dealer; or

(b)by the operator of a business manufacturing vehicles wishing to licence a vehicle manufactured in that business.

(2)The fee mentioned in subregulation (1) is not payable in respect of a particular vehicle if the vehicle is examined under regulation 24(1) or (2).

(3)The fee mentioned in subregulation (1) is in addition to any charge payable under regulation 53 in relation to the vehicle.

[Regulation 98 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999.]

99.Recording fees

(1)A recording fee of $12.10 is payable in respect of the grant or renewal of a vehicle licence for a vehicle (other than a heavy vehicle).

(2)A recording fee of $12.10 is payable in respect of the grant or renewal of a vehicle licence for a heavy vehicle.

[Regulation 99 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999.]

100.Transfer fee

A fee of $16.40 is payable in respect of the transfer of a vehicle licence.

[Regulation 100 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999.]

101.Fee for issuing duplicate tax invoices for fees paid

A fee of $9.70 is payable for a duplicate tax invoice in respect of these —

(a)a vehicle licence renewal notice;

(b)a vehicle licence renewal receipt;

(c)a new vehicle licence;

(d)a vehicle fee adjustment;

(e)a vehicle inspection receipt;

(f)a temporary permit for the movement of an unlicensed vehicle.

[Regulation 101 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999.]

Subdivision 3 — Exemptions, refunds

102.Power to give exemption or refund in exceptional circumstances

(1)The CEO may, if the CEO is satisfied that exceptional circumstances warrant the refund or exemption being given in a particular case —

(a)refund all or part of a payment that has been made in respect of any fee payable under this Division; or

(b)in writing, exempt a person or a class of persons from payment of any fee payable under this Division or from payment of part of the fee.

(2)The CEO may, in writing given to a person exempted under subregulation (1)(b), vary or revoke the exemption.

(3)An exemption may be given subject to the conditions imposed by the CEO and specified in the exemption.

(4)A person must not contravene a condition of an exemption.

Penalty for an offence under this subregulation: a fine of 8 PU.

Part 3  Overseas vehicles when temporarily in Australia

103.Terms used

In this Part —

application means an application under section 22 or 24;

contract of insurance means a contract of insurance mentioned in section 22(2)(b) or 24(2)(c);

licence, in relation to an overseas vehicle, has the meaning given by section 20;

overseas vehicle has the meaning given in section 20.

104.Applications for vehicle licence, extension or renewal of vehicle licence for overseas vehicles

An application under section 22(1) or 24(1) must set out —

(a)the full name and permanent overseas address of the owner of the vehicle; and

(b)the owner’s principal addresses while in Australia and in this State; and

(c)a description of the vehicle that enables its identification; and

(d)details relating to —

(i)the arrival of the vehicle in, and the proposed removal of the vehicle out of, the Commonwealth and the State; and

(ii)the Triptyque or Carnet de passages en douane relating to the vehicle; and

(iii)the licence granted in respect of the vehicle in the country from which the vehicle is brought to Australia; and

(iv)the Third Party Insurance Policy required to be held in respect of the vehicle.

105.Prescribed standards and requirements

For sections 22(2)(d) and 24(2)(e), the standards and requirements for an overseas vehicle are the standards and requirements set out in Parts 8, 10 and 11 that apply to that kind of motor vehicle.

106.Further information

(1)The CEO may require the applicant to give the CEO, within the time specified by the CEO, any document or information that the CEO requires to determine the application and may require the applicant to verify the information by statutory declaration.

(2)The CEO may refuse to consider an application if the applicant does not comply with a requirement under subregulation (1) within the specified time.

107.Fees for temporary number plates

For section 26(2), the fee for the issue of a temporary number plate or set of temporary number plates is $25.30.

[Regulation 107 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999.]

108.Return of temporary plates for overseas vehicles

The owner of an overseas vehicle for which a vehicle licence has been granted under Part 3 of the Act must return all temporary plates issued in respect of the vehicle as soon as practicable after the expiration of the vehicle licence or immediately before the vehicle leaves Australia, whichever occurs first.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

Part 4 — Number plates

Division 1 — Preliminary

109.Terms used

In this Part —

imitation plate means —

(a)a replica or imitation of a number plate issued by the CEO or a corresponding authority; or

(b)an article that is so similar to a number plate issued by the CEO or a corresponding authority that it is likely to be confused with such a number plate;

name plate means a name plate issued under regulation 125(1);

ordinary plate means a number plate issued by the CEO that is not a name plate, personalised plate, special plate or trade plate;

personalised plates —

(a)in relation to personalised plates issued before 10 June 1988, means reflective plates consisting of no more than 7 characters, the first being a letter and the last being the letter “P”;

(b)in relation to personalised plates issued on or after 10 June 1988, means reflective plates consisting of no more than 6 characters, the first being a letter;

reflective plate means a number plate that has —

(a)non‑reflective identifying characters superimposed on a reflective background; or

(b)reflective identifying characters superimposed on a non‑reflective background;

special plate means a special plate issued under regulation 125(1);

trade plate means a number plate of a kind mentioned in regulation 132.

110.Power to give exemption or refund in exceptional circumstances

(1)If the CEO is satisfied that exceptional circumstances warrant the refund or exemption being given in a particular case the CEO may, in that case —

(a)refund all or part of a payment that has been made in respect of any fee payable under this Part; or

(b)in writing, exempt a person or class of person from payment of any fee payable under this Part or from payment of part of a fee.

(2)The CEO may, in writing given to a person exempted under subregulation (1)(b), vary or revoke the exemption.

(3)An exemption may be given subject to the conditions imposed by the CEO and specified in the exemption.

(4)A person must not contravene a condition of an exemption.

Penalty for an offence under this subregulation: a fine of 8 PU.

Division 2 — Number plates generally

111.CEO to provide number plates

(1)The CEO must provide and issue number plates for each vehicle that is licensed under Part 2 of the Act.

(2)Subregulation (1) does not apply to —

(a)a vehicle which is being, or is to be, operated as a taxi using taxi plates issued under the Taxi Act 1994; or

(b)a taxi‑car licensed under the Transport Co‑ordination Act 1966; or

(c)an omnibus licensed under the Transport Co‑ordination Act 1966 (not being an omnibus operated by the Western Australian Government Railways Commission).

(3)Whether or not a fee or charge is payable or paid under this Part for a number plate, each number plate remains the property of the CEO.

112.Fees for issue, reissue, replacement of certain number plates

These fees are payable —

(a)for the issue of ordinary plates except if paragraph (b) or (d) applies — $25.30;

(b)for the re‑issue of ordinary plates which have been returned under regulation 113(1), (2) or (3) (other than plates to replace existing plates bearing the same characters) — $16.60;

(c)upon application for the issue of personalised plates — $104.60;

(d)upon application for the issue of plates to replace ordinary plates bearing the same characters — $29.20;

(e)upon application for the issue of plates to replace personalised plates bearing the same characters without the letter “P” previously required by the repealed Road Traffic (Licensing) Regulations 1975 — $80.50;

(f)upon application for issue of name plates — $955.00;

(g)upon application for the issue of special plates or name plates to replace special plates or name plates bearing the same characters —

(i)for premium material plates — $231.30;

(ii)for standard metal plates — $114.30.

[Regulation 112 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999.]

113.Return of number plates

(1)A number plate issued by the CEO for a vehicle must be returned to the CEO by a responsible person for, or other person in possession of, the vehicle —

(a)if the licence is cancelled or a licence holder of the vehicle is disqualified from holding a vehicle licence, as soon as practicable after the cancellation or disqualification; or

(b)if the licence has expired —

(i)in the case of a seasonal heavy vehicle licence, within one year of the expiry of the licence; and

(ii)in any other case, within 3 months of the expiry of the licence.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 2 PU.

(2)If a defect notice is in force for a vehicle, the CEO may, by notice served on a responsible person for, or other person in possession of, that vehicle, require the return of a number plate issued by the CEO for the vehicle within 14 days or a later time specified in the notice and the person upon whom a notice is served must comply with the notice.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 2 PU.

(3)The CEO is not to issue personalised plates, special plates or name plates to replace ordinary plates previously issued for a vehicle unless the ordinary plates are returned to the CEO.

(4)The CEO is not to issue ordinary plates to replace personalised plates, special plates or name plates previously issued for a vehicle unless the personalised plates, special plates or name plates, as the case may be, are returned to the CEO, unless subregulation (1) applies.

(5)A responsible person for a vehicle who removes from the vehicle, while it has a current licence, personalised plates, special plates or name plates must obtain a set of ordinary plates from the CEO and affix those plates to the vehicle.

Penalty for an offence under this subregulation:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty for an offence under this subregulation: 1 PU.

114.Transfer of certain plates

(1)A person to whom a set of special plates or name plates has been issued may, with the approval of the CEO, and on payment of a fee of $17.40, transfer those plates to another vehicle owned by the person.

(2)A person to whom a set of personalised plates has been issued may, with the approval of the CEO, and on payment of a fee of $17.40, transfer those plates to another vehicle owned by the person or by a member of the person’s immediate family.

[Regulation 114 amended in Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999.]

115.Replacement of stolen, lost number plates

(1)If a number plate issued by the CEO for a vehicle is stolen or otherwise lost, a responsible person for the vehicle must, as soon as practicable after becoming aware of that happening, notify the CEO in writing or in any other manner approved by the CEO of that happening.

(2)If a stolen or lost number plate is an ordinary number plate the CEO must, on the return of each other plate in the set that was not stolen or lost and on payment of the relevant fee under regulation 112, issue a replacement set of number plates for the vehicle.

(3)If a stolen or lost number plate is from a set of —

(a)special plates; or

(b)name plates; or

(c)personalised plates,

the CEO must, on the return of each other plate in the set that was not stolen or lost and on payment of the relevant fee under regulation 112, issue a replacement set of number plates that is of the same type or class, and bearing the same characters, as the set of plates being replaced.

116.Replacement of dilapidated, damaged number plates

(1)If a number plate issued by the CEO for a vehicle has become dilapidated or is damaged so as to render it illegible, a responsible person for the vehicle must return the plate and each other plate in the set to the CEO.

(2)If the returned set is a set of ordinary number plates, the CEO must, on payment of the relevant fee under regulation 112, issue a replacement set of number plates either bearing the same characters as those in the returned set or different characters, as the CEO thinks fit.

(3)If the returned set is a set of —

(a)special plates; or

(b)name plates; or

(c)personalised plates,

the CEO must, on payment of the relevant fee under regulation 112, issue a replacement set of number plates that is of the same type or class, and bearing the same characters, as the set of plates being replaced.

117.Number plate content, colour

(1)Subject to this regulation and to regulations 125, 127, 133 and 362(2), number plates issued by the CEO must display the expression “W.A.” or “ Western Australia ” and other words, letters and numerals as the CEO determines.

(2)Number plates issued by the CEO may display a letter or letters approved by the CEO indicating the local government district in which a responsible person for the vehicle resides, together with a numeral or numerals and must in addition have the expression “W.A.” or “Western Australia”, displayed above the letter or letters, numeral or numerals, or contained in any words displayed under subregulation (1), on the number plate.

(3)Any number plate mentioned in subregulation (2) issued to a responsible person residing in a local government district that is a shire, must have enamelled or painted in the same colour as the lettering and numerals, a circular figure in the shape of a disc of approximately 38 mm in diameter, between the lettering and the numerals unless the letters on the number plate indicating the district are not duplicated in any other district in which case the CEO may issue a number plate without the circular figure in the shape of a disc.

118.Surrender of non‑reflective plates

(1)The CEO may, by notice served on a licence holder of a vehicle, require the licence holder to surrender to the CEO any number plates issued by the CEO for the vehicle, other than special plates, specified in the notice that are not reflective plates.

(2)The CEO must issue to a licence holder served with a notice under subregulation (1) a set of reflective plates by way of replacement but only on payment of the relevant fee payable under regulation 112 for the issue of the plates.

(3)The CEO may, by notice served on a licence holder of an interchangeable semi‑trailer the licence for which was granted on payment of a reduced fee in accordance with a direction of the CEO under regulation 82, require the licence holder to surrender to the CEO any number plates issued by the CEO for the vehicle and specified in the notice.

(4)The CEO must issue to a licence holder served with a notice under subregulation (3) a set of number plates with the letters “IT” and the word “interchangeable” on the plate by way of replacement but only on payment of the relevant fee payable under regulation 112 for the issue of the plates.

(5)For the purposes of subregulations (1) and (3), and without affecting the Interpretation Act 1984 section 76, a notice may be served on a licence holder by leaving the notice addressed to the licence holder, without stating the licence holder’s name or address, in, on or attached to the vehicle to which are affixed the number plates to which the notice relates.

(6)A licence holder must, within 14 days after being served with a notice under subregulation (1) or (3) surrender to the CEO the number plates specified in the notice.

Penalty for an offence under this subregulation:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty for an offence under this subregulation: 2 PU.

119.Number plate to be fixed on vehicle

(1)A responsible person for, or a person in charge of, a vehicle must ensure that each number plate issued for the vehicle by the CEO or a corresponding authority is rigidly fixed to the vehicle, kept rigidly fixed to the vehicle and displayed in accordance with the applicable provisions of subregulations (2), (3) and (4).

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 2 PU.

(2)A number plate issued by the CEO or a corresponding authority for a motor cycle, trailer or jinker must be fixed and kept in a conspicuous place on the back of the vehicle, in an upright position and so that the characters on the plate are clearly visible and legible during the daytime and at night.

(3)If a motor vehicle other than a motor cycle, trailer or jinker has duplicate number plates issued for the vehicle by the CEO or a corresponding authority, one number plate must be fixed and kept in a conspicuous place at the front of the vehicle, and the other must be fixed and kept in a conspicuous place on the back of the vehicle, in an upright position and so that the characters on the plates are clearly visible and legible during the daytime and at night.

(4)A special plate that consists only of the expression “W.A.”, or “Western Australia”, and numerals, must be mounted on the vehicle within a reflective frame supplied by the CEO that provides a border of not less than 10 mm around the perimeter of the special plate.

(5)In subregulations (2) and (3) —

jinker means a vehicle —

(a)with an axle or axle group that is built to support part of a load; and

(b)that is connected to the vehicle in front of it by a pole or cable or the load itself, if any.

120.Preventing effective identification of number plate

(1)In this regulation —

ID prevention state, in relation to a plate on a vehicle, means that —

(a)the plate is bent in a way that prevents the whole or a part of a character on the plate from being read at any time when the vehicle is used or driven; or

(b)the plate’s angle is changed in a way that prevents the whole or a part of a character on the plate from being read at any time when the vehicle is used or driven; or

(c)the plate or any part of the plate is covered, altered or otherwise obscured in a way that prevents the whole or part of a character on the plate from being read at any time when the vehicle is used or driven; or

(d)a character or a part of a character on the plate is covered, altered or otherwise obscured in a way that prevents the whole or part of a character on the plate from being read at any time when the vehicle is used or driven; or

(e)the plate is affected in a way that prevents the whole or part of a character on the plate from being read from one or more positions, even though the character can be read from one or more other positions, at any time when the vehicle is used or driven;

obscuring device means a device the use or operation of which would result in a plate on a vehicle being in an ID prevention state but does not include —

(a)a tow ball fitted to the rear of a vehicle; or

(b)a bicycle rack fitted to the rear of a vehicle; or

(c)a bicycle carried on a bicycle rack fitted to the rear of a vehicle;

obscuring device action, in relation to a vehicle, means —

(a)installing an obscuring device in or on the vehicle; or

(b)causing an obscuring device to be installed in or on the vehicle; or

(c)otherwise providing an obscuring device for the vehicle;

plate means a number plate or identification tablet issued by the CEO or a corresponding authority;

read, in relation to a plate on a vehicle, means read from the vehicle’s exterior.

(2)A responsible person for a vehicle must not allow the vehicle to be used or driven unless the whole of each character on a plate on the vehicle can be read whenever the vehicle is used or driven.

(3)A responsible person for a vehicle must not allow the vehicle to be used or driven if a plate on the vehicle is in an ID prevention state.

(4)A responsible person for a vehicle must not take obscuring device action in relation to the vehicle.

(5)A responsible person for a vehicle must not allow the vehicle to be used or driven if an obscuring device is installed in or on the vehicle or is otherwise provided for the vehicle.

(6)A person in charge of a vehicle must not use or drive the vehicle unless the whole of each character on a plate on the vehicle can be read whenever the vehicle is used or driven.

(7)A person in charge of a vehicle must not use or drive the vehicle if a plate on the vehicle is in an ID prevention state.

(8)A person in charge of a vehicle must not use or drive the vehicle if an obscuring device is installed in or on the vehicle or is otherwise provided for the vehicle.

(9)A person in charge of a vehicle must not use or operate an obscuring device at any time so as to prevent the whole or part of a character on the plate from being read at any time when the vehicle is used or driven.

(10)A person does not commit an offence under subregulation (2), (3), (6) or (7) if the thing that is preventing the whole or part of a character on the plate from being read is —

(a)a tow ball fitted to the rear of the vehicle; or

(b)a bicycle rack fitted to the rear of the vehicle; or

(c)a bicycle carried on a bicycle rack fitted to the rear of the vehicle.

(11)A person does not commit an offence under subregulation (3) or (7) in relation to the covering of a plate or a character if the plate or character is covered by a transparent film or cover that —

(a)is of a type approved by the CEO as being non‑reflective; and

(b)bears the name of its manufacturer and its serial or other identification number in a conspicuous place, but not so as to obscure the characters on the number plate; and

(c)is kept clean, in good condition and free from discoloration, heavy scratching and any marking other than those referred to in paragraph (b).

Penalty for an offence under subregulation (2), (3), (4), (5), (6), (7), (8) or (9): a fine of 64 PU.

Modified penalty for an offence under subregulation (2), (3), (4), (5), (6), (7), (8) or (9): 24 PU.

[Regulation 120 amended in Gazette 20 Jan 2017 p. 652.]

121.No painting or interfering with number plates

A person must not paint or otherwise interfere with, or permit any other person to paint or interfere with, a number plate issued for a vehicle by the CEO or a corresponding authority unless the number plate is being —

(a)reinstated to its original condition; or

(b)labelled for compliance with regulation 362(2).

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 2 PU.

122.Seizure of number plates

A police officer may seize and take possession of a number plate that the officer has reasonable grounds to believe —

(a)has not been issued in connection with a current vehicle licence; or

(b)is fixed to a vehicle other than that for which it was issued; or

(c)should have been returned to the CEO under these regulations or a notice under these regulations.

123.Restriction on manufacture, sale or supply of imitation plates

A person must not manufacture, sell or supply an imitation plate in this State except under written authorisation granted by the CEO.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

124.Seizure and disposal of imitation plates

(1)A police officer may seize and take possession of —

(a)any imitation plate that the officer has reasonable grounds to believe has been manufactured, sold or supplied contrary to regulation 123; or

(b)any imitation plate that is fixed to a vehicle.

(2)The CEO may, with the approval of a JP, cause an imitation plate seized under this regulation to be destroyed, whether or not any person has been convicted of or charged with an offence under regulation 123 in connection with the plate.

(3)When, or as soon as practicable after, an imitation plate is seized under this regulation, a police officer must serve the owner of the vehicle from which it was seized with a notice that informs the person —

(a)that the plate is liable to be destroyed; and

(b)that the person may make written representations to the CEO in relation to the plate within 10 days after service of the notice.

(4)At any time after the expiration of 14 days from service of the notice under subregulation (3) the CEO may apply to a JP for approval to destroy the imitation plate.

(5)The application must be accompanied by copies of any representations received under subregulation (3)(b) in relation to the plate.

(6)The JP, after considering the application, the representations (if any), and the need (if any) for the plate to be retained for evidentiary purposes, may —

(a)approve of the destruction of the plate; or

(b)direct that the plate be returned to the person from whom it was seized; or

(c)authorise the continued retention of the plate for evidentiary purposes.

(7)A person is not entitled to payment by way of compensation or restitution in respect of the seizure, retention or destruction of an imitation plate under this regulation or court order.

Division 3 — Name plates and special plates

125.Name plates or special plates not for certain vehicles

(1)The CEO may issue a number plate that is a special plate or a name plate.

(2)The CEO must not issue a special plate or a name plate for these vehicles —

(a)a taxi;

(b)an omnibus;

(c)a vehicle with a seasonal heavy vehicle licence.

126.Special plate content and colour

Special plates may consist of —

(a)a non‑reflective plate containing the expression “W.A.” or “ Western Australia ” in white arranged vertically on the left of the plate and white numerals arranged horizontally on a black background; or

(b)a unique series consisting of the trade name of a particular make or model of vehicle in black letters on a white reflective background; or

(c)a unique series, other than a unique series mentioned in paragraph (b), consisting of —

(i)a reflective background containing the words, letters, numerals, symbols or logo approved by the CEO in the colours approved by the CEO; or

(ii)reflective words, letters, numerals, symbols or logo on a non‑reflective background approved by the CEO in the colours approved by the CEO.

127.Name plate content and colour

Name plates may consist of a reflective background containing the expression “W.A.” or “ Western Australia ” in blue arranged horizontally at the top of the plate and the number of letters that constitute a name or a combination of name or acronym chosen by the applicant with the approval of the CEO.

128.Disposal of right to display special plates

The CEO may on behalf of the Crown in right of the State dispose of the right to display special plates by public auction or public tender or private treaty.

129.Right to display special plates, name plates

(1)The CEO must issue to a person who is entitled to the right to display a special plate or name plate a certificate in a form approved by the CEO.

(2)The CEO must also issue to a person who is entitled to the right to display a special plate mentioned in regulation 126(a), a miniature of the special plate in a size determined by the CEO.

(3)A person who is entitled to the right to display a special plate or name plate may transfer that entitlement.

(4)A transfer for the purposes of subregulation (3) must be by instrument in writing in duplicate in a form approved by the CEO and signed by the seller and the buyer.

(5)The seller of a right to display a special plate or name plate must, within 14 days of the execution of the instrument of transfer by the seller, lodge with the CEO —

(a)the duplicate of the instrument of transfer of the plate; and

(b)the plate itself if not held by the CEO; and

(c)the certificate issued by the CEO in respect of the right to display the plate.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

(6)The buyer of the right to display a special plate or name plate must provide to the CEO —

(a)the original of the instrument of transfer of the right to display the plate; and

(b)notification of the vehicle in respect of which the plate is to be displayed; and

(c)payment of the relevant fee under regulation 130.

(7)The CEO must, if subregulation (6) is complied with, issue to the buyer of the right to display a special plate or name plate —

(a)a certificate evidencing the right; and

(b)in the case of special plates mentioned in regulation 126(a), a miniature of the special plates in a size determined by the CEO; and

(c)the special plates, unless retained under regulation 131.

130.Fees for transfer of right to display special, name plates

(1)These fees are payable for the transfer of the right to display a special plate —

(a)single digit numeral special plates — $10 206.80;

(b)2 digit numeral special plates — $2 042.00;

(c)3 digit numeral special plates — $1 016.30;

(d)any other number of digit special plates — $203.00;

(e)unique series special plates referred to in regulation 126(b) — $2 042.00;

(f)unique series special plates referred to in regulation 126(c) — $88.70.

(2)The fee payable for the transfer of the right to display a name plate is $509.60.

(3)Despite subregulations (1) and (2), the fee payable for the transfer of the right to display a special plate or a name plate —

(a)under an agreement or order under the Family Law Act 1975 (Commonwealth) or the Family Court Act 1997, is $21.00; or

(b)to a beneficiary by a trustee or other person in a fiduciary capacity under a trust whether express or implied, is $21.00.

(4)If —

(a)the right to display a special plate or name plate is owned by a body corporate; and

(b)the CEO is of the opinion that there has been a significant change in the ownership or control of the body corporate,

the right to display the special plate or name plate is to be taken to have been transferred and the CEO must require the owner of the right to display the special plate or name plate to pay the relevant fee under subregulation (1), (2) or (3) in respect of the transfer.

[Regulation 130 amended in Gazette 12 Jun 2015 p. 2039‑40; 14 Jun 2016 p. 1999-2000.]

131.Retention of special plates, name plates by CEO

(1)If the person who is entitled to the right to display a special plate or name plate on a vehicle does not nominate a licensed vehicle on which the plate is to be used as a number plate the plate must be retained by the CEO.

(2)A fee of $18.10 is payable for the storage of a special plate retained by the CEO under subregulation (1).

(3)If the person who is entitled to the right to display a special plate or name plate on a vehicle does not pay the fee under subregulation (2) for 3 consecutive years the CEO may by notice served on that person and published in a newspaper circulating throughout the State notify the person that unless all the outstanding fees are paid on or before the date specified in the notice the person’s entitlement to the right to display the plate will cease.

(4)If a person does not comply with the requirements of a notice under subregulation (3), the person’s entitlement to the right to display the plate ceases with effect from the date specified in the notice.

Division 4 — Trade plates for unlicensed vehicles

132.Who may be issued trade plates

For section 13(2), the classes of persons who may be issued number plates for use on an unlicensed vehicle are these —

(a)manufacturers of vehicles;

(b)dealers in vehicles;

(c)registered used car dealers;

(d)persons carrying on the business of a repairer of motor vehicles;

(e)persons carrying on the business of transporting motor vehicles on behalf of —

(i)a manufacturer or dealer in new motor vehicles; or

(ii)a registered used car dealer;

(f)vehicle body builders;

(g)persons carrying on any of these kinds of business in relation to vehicles —

(i)window tinting;

(ii)applying graphics or signage;

(iii)installing or repairing audio, security or communications equipment;

(iv)vehicle detailing;

(v)customs brokerage.

133.Trade plate content, colour

The characters on a trade plate must comprise a combination of letters and numerals approved by the CEO, with the expression “W.A.” or “ Western Australia ”, above, and the word, “Trade”, below that combination and must be enamelled or painted on the plate in the colour and on the background approved by the CEO.

134.Fees for trade plates

(1)These fees are payable for issue of trade plates —

(a)$34.00 for a set of replacement plates bearing the same characters as the set of plates being replaced; and

(b)$32.10 for a set of plates in any other case.

(2)In addition, a deposit of $500.00 is payable in respect of each set of plates.

(3)A fee of $47.20 is payable annually for the use and possession of a set of trade plates.

(4)The fee payable under subregulation (3) must be paid before the start of the year to which it relates.

(5)Subject to subregulation (6) and regulation 135(2)(c), if the person to whom a set of trade plates is issued returns those plates to the CEO, the CEO must refund to the person the deposit paid in respect of those plates.

(6)If trade plates are not returned to the CEO within 15 days after the end of the period for which the annual fee was last paid in respect of those plates, the CEO is to keep the deposit paid for the plates.

[Regulation 134 amended in Gazette 12 Jun 2015 p. 2040; 14 Jun 2016 p. 2000.]

135.Replacement of lost, stolen, dilapidated, damaged trade plates

(1)If a trade plate or a set of trade plates is stolen or otherwise lost, the person to whom that plate or set of plates was issued must, as soon as practicable after becoming aware of that happening, notify the CEO in writing or in any other manner approved by the CEO of that happening in which case —

(a)the CEO is to keep the deposit paid for the plates; and

(b)the CEO must issue a replacement set of trade plates —

(i)on the return of each plate in the set that was not stolen or lost; and

(ii)on payment of a further deposit of $500.00 together with the fee mentioned in regulation 134(1)(b);

and

(c)the annual fee paid in respect of the replaced set of plates must be taken to be the annual fee for the replacement set of trade plates which has already been paid.

(2)If a trade plate has become dilapidated or is damaged so as to render it illegible —

(a)the person to whom the plate was issued must return the plate and each other plate in the set to the CEO; and

(b)the CEO must, on payment of the fee mentioned in regulation 134(1)(a) or (b) (whichever is relevant in the case), issue a replacement set of trade plates either bearing the same characters as the set of plates being replaced or different characters, as the CEO thinks fit; and

(c)in either case the annual fee and the deposit paid in respect of the replaced set of plates must be taken to be the annual fee and the deposit for the replacement set of trade plates which has already been paid.

136.Labels for trade plates

(1)The CEO must, on payment of an annual fee under regulation 134(3), issue in respect of each trade plate an adhesive label to be attached to the plate indicating the month and year in which the annual fee will next become payable in respect of the use and possession of the plate.

(2)The CEO must issue an adhesive label under subregulation (1), without requiring payment of a further annual fee —

(a)for each plate in a replacement set of trade plates issued under regulation 135(1); or

(b)for each replacement trade plate or each plate in a replacement set of trade plates issued under regulation 135(2).

(3)A person must not use or permit to be used on any vehicle a trade plate to which an adhesive label issued under this regulation for the plate is not conspicuously affixed.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

(4)A person must not use or permit to be used on any vehicle a trade plate if the period for which the annual fee was last paid for the plate has expired.

Penalty for an offence under this subregulation:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty for an offence under this subregulation: 1 PU.

137.Vehicle standards and requirements for use of trade plates

(1)For section 13(3)(d), a trade plate must not be used on an unlicensed vehicle unless —

(a)the vehicle complies, in every respect, with the standards and requirements set out in Parts 8, 10 and 11 that apply to that kind of motor vehicle; or

(b)the vehicle complies with subregulation (2) even though it does not comply with paragraph (a); or

(c)the vehicle is an agricultural machine that complies with subregulation (3) even though it does not comply with paragraph (a).

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

(2)A motor vehicle with only a cab and chassis or that could be licensed as of Class A under regulation 34 except that it does not have a compliance plate fitted to it must have —

(a)effective steering, brakes and suspension (if fitted); and

(b)a driver’s seat situated so that the driver has a full and uninterrupted view of the road and any traffic ahead and on each side of the driver; and

(c)wheels and tyres or rubber tracks; and

(d)mudguards for each wheel or mudflaps for the rear wheels; and

(e)lights at the front and rear; and

(f)reflectors at the rear; and

(g)a means of transmitting power from the engine to the drive wheels; and

(h)a structure that will not fail when the vehicle is used for the purpose for which it was designed.

(3)An agricultural machine that does not comply with the standards and requirements set out in Parts 8, 10 and 11 that apply to that kind of motor vehicle must —

(a)comply with subregulation (2)(a), (b), (c), (f), (g) and (h); and

(b)have lights at the front (if the machine is used in the daytime) and lights at the front and rear (if the machine is used at night); and

(c)be —

(i)not more than 2.5 m wide, 4.3 m high and 12 m long and comply with any applicable requirements of Part 8 Divisions 1, 2 and 3 except for regulations 171 to 178; or

(ii)more than 2.5 m but not more than 3.5 m wide and not more than 4.3 m high and 12 m long and —

(I)comply with each mass, dimension or loading requirement that applies to the vehicle; and

(II)if driven at night on a road, fitted with the lights and reflectors that must be fitted to the vehicle under these regulations and have those lights lit; and

(III)not used on a road within the metropolitan region during peak hours;

or

(iii)more than 3.5 m but not more than 6 m wide and not more than 4.3 m high and 12 m long and —

(I)comply with each mass, dimension or loading requirement that applies to the vehicle; and

(II)not used on a road without the prior written approval of the Commissioner of Main Roads;

or

(iv)more than 4.3 m but not more than 4.6 m high and not used on a road without the prior written approval of each corporation, as defined in the Electricity Corporations Act 2005 section 3(1), whose property for the transmission and distribution of electricity may be at risk of damage by the vehicle’s use on the road.

(4)Regulation 232 does not apply to a motor vehicle bearing trade plates driven on a road if the vehicle complies with the requirements of subregulation (2).

138.Purposes of use of vehicle with trade plates

For section 13(3)(d), trade plates may be used on an unlicensed vehicle only if —

(a)the vehicle is driven by or in the presence of, the person to whom the plates were issued (the holder) or an employee of the holder, or is driven by a person authorised by the holder; or

(b)the vehicle is not, without the special authority of the Minister, used for the purpose of being driven from place to place, for the purpose of seeking a buyer, or advertising or of general demonstration; or

(c)the vehicle is not used to carry goods other than —

(i)goods essential for the operation of the vehicle; or

(ii)goods for the comfort of the person or persons travelling in the vehicle; or

(iii)other vehicles in accordance with paragraph (d)(vii); or

(iv)goods belonging to the holder or a customer of the holder of trade plates being transported to or from the holder or the customer;

or

(d)the vehicle is being used for any of these purposes —

(i)trial after completion or repair;

(ii)delivery to or from a manufacturer, dealer or repairer or their agent;

(iii)being driven from the premises of a dealer to that of an intending buyer for the purpose of trial mentioned in subparagraph (i);

(iv)trial by an intending buyer or an agent of the buyer, for an unbroken period not exceeding 24 hours;

(v)delivery to a buyer after sale;

(vi)being driven to or from an inspection station for the purpose of being examined or tested;

(vii)being driven to or from and, if the vehicles have the same owner, carrying another vehicle or vehicles to or from an Agricultural Show, an Agricultural Field Day or a Motor Show, for the purpose of exhibiting the vehicle or vehicles;

(viii)having its windows tinted;

(ix)having graphics or signage applied;

(x)having audio, security or communications equipment installed or repaired;

(xi)being detailed;

(xii)being driven by a customs broker for the purpose of a brokerage arrangement in relation to the vehicle.

139.Trade plate to be fixed on vehicle

Regulation 119 applies to a trade plate as if a trade plate were a number plate for the purposes of that regulation.

140.Seizure of trade plates

A police officer may seize and take possession of a trade plate if the officer has reasonable grounds to believe —

(a)that the plate is being used in a way that does not comply with a requirement specified in writing by the CEO under section 13(2); or

(b)that regulation 136(3) or (4), 137 or 138 has not been, or is not being, complied with in relation to the plate or the vehicle bearing the plate.

Part 5  Vehicle and engine identification numbers

141.Vehicle identification number

(1)The CEO may assign a VIN to a motor vehicle, trailer or semi‑trailer manufactured on or after 1 January 1989, if —

(a)the vehicle does not have a VIN and the CEO is satisfied that a VIN is necessary for identifying the vehicle; or

(b)the vehicle’s VIN has been or appears to have been, altered, defaced, obliterated or removed and the CEO is satisfied that a VIN is necessary for identifying the vehicle.

(2)If a VIN is assigned, the owner of the vehicle must ensure —

(a)that the number is marked on the vehicle in the location and in the manner directed by the CEO, having regard to the requirements of regulation 274; and

(b)that upon being stamped, the vehicle is produced to the CEO for inspection of the VIN.

Penalty: for an offence under this subregulation:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty for an offence under this subregulation: 1 PU.

142.Engine identification number

(1)A responsible person for, or a person in charge of, a motor vehicle of which the engine or an engine part, bearing the vehicle’s engine identification number, is changed or replaced must, within 7 days after the change or replacement, give to the CEO a notice in writing setting out these things —

(a)the date of the change or replacement of the engine or engine part;

(b)the make and the licence number of the motor vehicle;

(c)the name and address of the responsible person for the motor vehicle;

(d)the engine identification number on the engine or engine part so changed or replaced;

(e)the engine identification number (if any) on the engine or engine part substituted for that changed or replaced;

(f)the name and address of the person from whom the substituted engine or engine part was obtained.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

(2)The CEO may assign an engine identification number for a motor vehicle if —

(a)the motor vehicle does not have an engine identification number; or

(b)the motor vehicle’s engine identification number has been or appears to have been, altered, defaced, obliterated or removed,

and if the CEO is satisfied that an engine identification number is necessary for identifying the engine of the motor vehicle.

(3)If an engine identification number is assigned, a responsible person for, or a person in charge of, the vehicle must ensure —

(a)that the number is marked on the vehicle in the location and in the manner directed by the CEO, having regard to the requirements of regulation 274; and

(b)that upon being stamped, the vehicle is produced to the CEO for inspection of the number.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

(4)A person must not use, or permit any other person to use, a motor vehicle if —

(a)the motor vehicle does not have an engine identification number; or

(b)the motor vehicle’s engine identification number has been, or appears to have been, altered, defaced, obliterated or removed.

Penalty:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty: 1 PU.

(5)A person does not commit an offence under subregulation (4) if a person has applied and is waiting for an engine identification number to be assigned for the motor vehicle.

(6)A person must not, without the CEO’s written approval —

(a)alter, deface, obliterate or remove an engine identification number; or

(b)mark on or affix to the engine of a motor vehicle any mark, number or letter purporting or intended to be, or that is a colourable imitation of, an engine identification number.

Penalty for an offence under this subregulation:

(a)for a first offence, a fine of 4 PU;

(b)for a subsequent offence, a fine of 8 PU.

Modified penalty for an offence under this subregulation: 2 PU.

[Part 6 (r. 143-145) deleted in Gazette 24 Jun 2016 p. 2343.]

Part 7 — Written‑Off Vehicle Register

Division 1 — Preliminary

146.Terms used

In this Part, unless the contrary intention appears —

assessor, in relation to a vehicle, means —

(a)the insurer (if any) of the vehicle; or

(b)an insurer, dealer or wrecker who has possession or control of the vehicle and who is in a position to assess whether the vehicle is a write‑off;

dealer means a person —

(a)who carries on any class or description of business that is prescribed in the Motor Vehicle Dealers (Licensing) Regulations 1974 regulation 8; or

(b)who carries on the business of hiring vehicles, if the right to buy the vehicle is not included in that hiring; or

(c)whose ordinary business is not that of buying or selling vehicles but who carries on or acts in that business only for one or more of these purposes —

(i)for the purpose of the hiring, under a hire‑purchase agreement, of the vehicle bought or sold;

(ii)for the purpose of effectuating a security over the vehicle bought or sold;

(iii)for the purpose of the hiring, if the right to buy the vehicle is not included in that hiring, of the vehicle bought or sold;

(iv)for the purpose of disposing of a vehicle acquired by the person in connection with a purpose mentioned in subparagraph (i), (ii) or (iii);

insurer, in relation to a vehicle, means —

(a)a person who insures the vehicle in the course of carrying on a business of insurance; or

(b)if the vehicle is owned by a corporation and is not insured — the corporation;

notifiable, in relation to a vehicle, means notifiable under regulation 149;

repair, in relation to a vehicle, means to repair the vehicle as much as is necessary for the vehicle to comply with the standards and requirements set out in regulations 171 to 178 and Part 10 that apply to that kind of vehicle;

total loss, in relation to a vehicle, has the meaning given in regulation 147;

wrecker means a person who carries on the business of —

(a)destroying or dismantling vehicles, parts of vehicles or vehicle accessories; or

(b)buying and selling vehicles (including substantially destroyed or dismantled vehicles), parts of vehicles or vehicle accessories;

written‑off, in relation to a vehicle, has the meaning given in regulation 148.

147.Total loss vehicles

A vehicle is a total loss if an assessor determines that the extent of the damage is such that —

A ≤ B

where —

Ais —

(a)if the vehicle was insured at the time of the event that caused the damage, the value for which the vehicle was insured at the time of that event; or

(b)if the vehicle was not insured at the time of the event that caused the damage, the market value of the vehicle at the time of that event;

Bis the cost of repairing the vehicle for use on a road so that it complies with the standards and requirements set out in regulations 171 to 178 and Part 10 that apply to that kind of vehicle, plus the cost of salvage.

148.Written‑off vehicles

A vehicle is written‑off if it has been damaged by collision, fire, flood, accident, trespass, dismantling, demolition or other event and has been assessed as a total loss by an assessor.

149.Notifiable vehicles

A written‑off vehicle is notifiable if —

(a)it is a motor vehicle, motor cycle, trailer or semi‑trailer; and

(b)in the case of a motor vehicle, trailer or semi‑trailer — the vehicle’s MRC does not exceed 4.5 t; and

(c)it was manufactured within the period of 15 years ending on the day on which the damage occurred (if known) or otherwise on the day on which the vehicle was written off.

150.Statutory write‑offs

(1)A vehicle is a statutory write‑off if —

(a)the vehicle is a total loss; and

(b)an assessor has determined that the vehicle is suitable only for dismantling and processing as scrap.

(2)An assessor who, in accordance with these regulations, is determining whether a vehicle is a statutory write‑off must —

(a)conduct tests on the vehicle which enable the condition of the vehicle to be assessed in accordance with the Technical Guide; and

(b)assess the results of those tests in accordance with the Technical Guide.

(3)In subregulation (2) —

Technical Guide means the “New Damage Assessment Criteria for the Classification of Statutory Write‑offs” approved by Austroads Ltd ABN 16 245 787 323 and published in July 2011.

(4)A notifiable motor cycle, notifiable trailer or notifiable semi‑trailer is a statutory write‑off if it has sustained —

(a)impact damage, (except scratching) to its suspension; and

(b)structural damage to its frame in 2 or more places.

(5)A notifiable motor cycle is a statutory write‑off if it has been fully immersed in salt water for any period or fully immersed in fresh water for more than 48 hours.

151.Repairable write‑offs

A notifiable vehicle is a repairable write‑off if it is not a statutory write‑off.

Division 2 — Dealing with notifiable vehicles

152.Notification and marking of write‑offs

(1)In this regulation —

compliance time —

(a)for the assessor by whom a vehicle was written off, means 7 days after the day on which the assessment was made; or

(b)for another assessor, means 7 days after the day on which the assessor obtained possession or control of it.

(2)An assessor who is in possession or control of a notifiable vehicle must, before the expiration of the compliance time —

(a)give the CEO a written‑off vehicle notice in accordance with regulation 153; and

(b)if the vehicle is a statutory write‑off —

(i)attach a written‑off warning label to the vehicle in accordance with regulation 154; and

(ii)mark over its identifier in accordance with regulation 155.

Penalty: a fine of 20 PU.

Modified penalty: 4 PU.

(3)However, an assessor who comes into possession or control of a notifiable vehicle is not required to comply with subregulation (2) if the subregulation has already been complied with in relation to the vehicle.

(4)An assessor must not do any of these things unless subregulation (2) has been complied with —

(a)transfer possession of the vehicle or part of it to another person;

(b)wreck or dismantle the vehicle;

(c)separate from the vehicle the part of the vehicle on which its identifier is located.

Penalty for an offence under this subregulation: a fine of 20 PU.

Modified penalty for an offence under this subregulation: 4 PU.

153.Written‑off vehicle notices

For the purposes of regulation 152(2)(a), a written‑off vehicle notice given by an assessor must include this information —

(a)the assessor’s name;

(b)the assessor’s residential address, business address, email address, telephone number and fax number (if any);

(c)if the assessor is a body corporate — the name and residential address of an individual authorised by the body corporate to deal with the vehicle;

(d)the vehicle’s number plate (if any);

(e)the vehicle’s identifier;

(f)the date on or about which the vehicle was damaged (if known), or otherwise the date on which the vehicle was written off;

(g)a detailed description, in a form approved by the CEO, of the nature and location of the damage to the vehicle.

Penalty: a fine of 20 PU.

Modified penalty: 4 PU.

154.Written‑off warning labels

(1)For the purposes of regulation 152(2)(b)(i), a written‑off warning label must —

(a)be in a form approved by the CEO; and

(b)be attached securely to the frame of the vehicle and as closely as possible to its identifier, but in a position where both the label and the identifier can easily be read without moving or removing the label or any part of the vehicle.

(2)If the written‑off warning label becomes obscured, damaged or detached from the vehicle, the assessor who has possession or control of the vehicle must attach another written‑off warning label in accordance with subregulation (1)(b).

Penalty: a fine of 20 PU.

Modified penalty: 4 PU.

(3)A person must not, without reasonable excuse, alter, damage, remove or otherwise interfere with a written‑off warning label that has been attached to a vehicle.

Penalty for an offence under this subregulation: a fine of 20 PU.

155.Marking over vehicle identifiers of statutory write‑offs

(1)For the purposes of regulation 152(2)(b)(ii), the vehicle’s identifier must be marked over by making a mark across it with a chisel or other suitable tool.

(2)The mark must not obscure the vehicle’s identifier, but must be deep enough to prevent, as far as possible, the removal of the mark.

Division 3 — Registration of written‑off vehicles

156.Written‑Off Vehicle Register

(1)The CEO must establish and maintain a Written‑Off Vehicle Register in a form determined by the CEO.

(2)The WOVR is part of the register of vehicle licences kept under section 14.

157.WOVR to include particulars of notifiable vehicles

(1)In this regulation —

damaged vehicle means a vehicle that, as a result of being damaged, does not comply with the standards and requirements set out in regulations 171 to 178 and Part 10 that apply to that kind of vehicle;

written‑off vehicle notice means a notice under regulation 153.

(2)When the CEO receives a written‑off vehicle notice for a notifiable vehicle, the CEO must register the vehicle by entering in the WOVR the particulars included in the written‑off vehicle notice.

(3)If there are reasonable grounds for suspecting that a damaged vehicle is a notifiable vehicle but the CEO has not received a written‑off vehicle notice for the vehicle, the CEO may register the vehicle by entering in the WOVR any of the particulars listed in regulation 153 that are available for the vehicle.

158.Cancellation of entry in WOVR

(1)A person may apply to the CEO for cancellation of an entry in the WOVR that relates to a repairable write‑off.

(2)An application must —

(a)be made in a form approved by the CEO; and

(b)include particulars of the name and address of the applicant; and

(c)include any particulars required by the CEO to enable the CEO to determine whether the vehicle described in the application is the vehicle to which the entry in the WOVR relates.

(3)The CEO may cancel the entry in the WOVR if satisfied that —

(a)the vehicle described in the application is the vehicle to which the entry relates; and

(b)the vehicle has not at any time sustained damage that would require it to be registered in the WOVR as a statutory write‑off under these regulations.

Part 8 — Mass, dimension and loading requirements

Division 1 — Mass requirements

Subdivision 1 — General

159.Mass requirements

(1)This Division sets out, for the definition of mass requirement in section 3(1), the requirements that relate to the mass of —

(a)a vehicle; or

(b)a vehicle’s load; or

(c)a vehicle and its load.

(2)This Division does not apply to a vehicle mentioned in regulation 228(g).

160.Mass requirements for all single vehicles

The total mass of a vehicle and its load must not exceed the vehicle’s GVM.

161.Complying buses

In this Division —

approved air suspension system, in relation to a vehicle, means a suspension system in which —

(a)vertical movement between each axle and the body of the vehicle is controlled by variations in the pressure of air in an air spring; and

(b)the proportion of the vehicle’s mass that is borne by the air spring remains substantially constant despite variations in the pressure of air in the air spring;

complying bus means a bus —

(a)with 2 or 3 axles and a single steer axle that —

(i)is fitted with a compliance plate in accordance with the Motor Vehicle Standards Act 1989 (Commonwealth) indicating that the bus was manufactured during or after July 1994; and

(ii)meets the emergency exit specifications in ADR 44; and

(iii)meets the rollover strength specifications in ADR 59; and

(iv)meets the occupant protection specifications in ADR 68; and

(v)is equipped with an approved air suspension system;

or

(b)that is the subject of a declaration under regulation 162 or a corresponding law.

162.Declaring buses to be complying buses

(1)This regulation applies to a bus with 2 or 3 axles and a single steer axle that —

(a)is not fitted with a compliance plate in accordance with the Motor Vehicle Standards Act 1989 (Commonwealth); or

(b)is fitted with a compliance plate in accordance with that Act but the compliance plate indicates that the bus was manufactured before 1 July 1994.

(2)The CEO may declare that a bus equipped with an approved air suspension system is a complying bus for the purposes of these regulations if the CEO is satisfied that the bus meets —

(a)the emergency exit specifications in ADR 44; and

(b)the rollover strength specifications in ADR 59; and

(c)the occupant protection specifications in ADR 68.

Subdivision 2 — Heavy vehicles

163.Mass limits for heavy vehicle tyres

The mass on a tyre of a heavy vehicle must not exceed the greatest load capacity determined for the tyre by the manufacturer at a cold inflation pressure that does not exceed —

(a)825 kPa for a radial ply tyre; or

(b)700 kPa for any other tyre.

164.Mass limits for heavy vehicle wheels and axles

(1)In this regulation —

retractable axle means an axle with a means of adjustment enabling it to be raised or lowered relative to the other axles in the axle group so that the tyres on the axle do not touch the ground.

(2)For the purposes of this regulation, a retractable axle —

(a)must be taken to be an axle when it is in the lowered position; and

(b)must be taken not to be an axle when it is in the raised position.

(3)The mass on a wheel or axle of a heavy vehicle must not exceed the limit set by its manufacturer.

(4)The mass on an axle group or single axle of a heavy vehicle must not exceed the limit provided for it in the Table.

(5)The mass limit in the Table that applies to a heavy vehicle’s axle group that includes a retractable axle must be determined as if the axle did not exist, unless subregulation (6) applies.

(6)A retractable axle is part of an axle group for the purposes of the Table if, when the mass on the group exceeds —

(a)6 t, in the case of a tandem axle group; or

(b)11 t, in the case of a tri‑axle group,

the tyres on the axle are in contact with the ground and the load‑sharing suspension system is operating on each axle (including the retractable axle) and tyre in the group.

(7)The sum of the mass on the axle groups and single axles on a heavy vehicle must not exceed —

(a)in the case of a complying bus without a trailer —

(i)if the complying bus has 2 axles — 16.0 t; and

(ii)if the complying bus has a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle — 20.0 t; and

(iii)if the complying bus has a rear tandem axle group fitted with dual tyres on both axles —22.5 t;

and

(b)in the case of a combination consisting of a complying bus and a trailer — the sum of the mass limit specified for the bus in paragraph (a) and the mass limits of the axle groups and single axles of the trailer as provided in the Table; and

(c)in any other case — the sum of the mass limits of the axle groups and single axles as provided in the Table.

Table — Mass limits for single axles and axle groups

Description of single axle or axle group

Mass limit (t)

Single axles and single axle groups

 

Single steer axle on —

 

(a)a complying bus

6.5

(b)any other motor vehicle

6.0

Single axle or single axle group fitted with single tyres with section width of —

 

(a)less than 375 mm

6.0

(b)at least 375 mm but less than 450 mm

6.7

(c)at least 450 mm

7.0

Single axle or single axle group fitted with dual tyres on —

 

(a)a pig trailer

9.0

(b)a complying bus or a bus licensed to carry standing passengers


10.0

(c)any other vehicle

9.0

Twinsteer axle groups

 

Twinsteer axle group without a load‑sharing suspension system


10.0

Twinsteer axle group with a load‑sharing suspension system


11.0

Tandem axle groups

 

Tandem axle group fitted with single tyres with section width of —

 

(a)less than 375 mm

11.0

(b)at least 375 mm but less than 450 mm

13.3

(c)at least 450 mm

14.0

Tandem axle group fitted with single tyres on one axle and dual tyres on the other axle on — 

 

(a)a complying bus

14.0

(b)any other vehicle

13.0

Tandem axle group fitted with dual tyres on —

 

(a)a pig trailer

16.5

(b)any other vehicle

16.5

Tri‑axle groups

 

Tri‑axle group on a vehicle fitted with single tyres with section width of less than 375 mm on all axles, or single tyres on one or 2 axles and dual tyres on the other axle or axles




15.0

Tri‑axle group on a pig trailer with either single tyres with section width of at least 375 mm, dual tyres on all axles or a combination of those
tyres




18.0

Tri‑axle group, on a vehicle other than a pig trailer, with either single tyres with section width of at least 375 mm, dual tyres or a combination of those
tyres




20.0

Quad‑axle groups

 

Quad‑axle group fitted with single tyres with section width of less than 375 mm


15.0

Quad‑axle group fitted with single tyres with section width of at least 375 mm or dual tyres


20.0

165.Mass limits relating to heavy vehicle axle spacing

(1)In this regulation —

vehicle means —

(a)a heavy vehicle; or

(b)a combination that includes a heavy vehicle.

(2)This regulation applies to a vehicle if, under this Division, the total mass of the vehicle and its load must not exceed 42.5 t.

(3)The mass limits in the Table must not be exceeded in relation to the distances set out in the Table that apply to a vehicle.

(4)Each distance in the Table refers to —

(a)the distance from the centre of any single axle to the centre of any other single axle; or

(b)the distance from the centre of any single axle to the centre of the furthest axle in any axle group; or

(c)the greatest distance between the centres of axles in any axle groups.

Measurement fortble2 (cropped)

Measurement of distances for the Table

(5)The mass limits in the Table apply to the sum of the mass on each axle group or single axle in the distance mentioned in the Table, including the axles between which the distance is measured.

(6)The total mass of a vehicle and its load must not exceed 15 t if the distance between any 2 axles that are not part of the same axle group is less than 2.5 m.

Table — Mass limits relating to axle spacing

Distance (m)

Mass
limit (t)

exceeding

not exceeding

0—

3.7 ................

23.0

3.7—

3.8 ................

23.5

3.8—

4.0 ................

24.0

4.0—

4.2 ................

24.5

4.2—

4.3 ................

25.0

4.3—

4.5 ................

25.5

4.5—

4.7 ................

26.0

4.7—

4.8 ................

26.5

4.8—

5.0 ................

27.0

5.0—

5.2 ................

27.5

5.2—

5.3 ................

28.0

5.3—

5.5 ................

28.5

5.5—

5.7 ................

29.0

5.7—

5.8 ................

29.5

5.8—

6.0 ................

30.0

6.0—

6.2 ................

30.5

6.2—

6.3 ................

31.0

6.3—

6.5 ................

31.5

6.5—

6.7 ................

32.0

6.7—

6.8 ................

32.5

6.8—

7.0 ................

33.0

7.0—

7.2 ................

33.5

7.2—

7.3 ................

34.0

7.3—

7.5 ................

34.5

7.5—

7.7 ................

35.0

7.7—

7.8 ................

35.5

7.8—

8.0 ................

36.0

8.0—

8.2 ................

36.5

8.2—

8.3 ................

37.0

8.3—

8.5 ................

37.5

8.5—

8.7 ................

38.0

8.7—

8.8 ................

38.5

8.8—

9.0 ................

39.0

9.0—

9.2 ................

39.5

9.2—

9.3 ................

40.0

9.3—

9.5 ................

40.5

9.5—

9.7 ................

41.0

9.7—

9.8 ................

41.5

9.8—

10.0 ...............

42.0

10.0 —

...............

42.5

166.Mass limits for combinations

(1)In this regulation —

combination means a combination that includes a heavy vehicle.

(2)The total mass of a combination, other than a road train or B‑double, and its load, must not exceed 42.5 t.

(3)The loaded mass of a dog trailer or pig trailer must not exceed the loaded mass of the towing vehicle.

(4)The total mass of a combination and its load must not exceed the towing vehicle’s GCM.

(5)If the manufacturer of a motor vehicle forming part of a road train or B‑double has not determined the GCM of the vehicle, the total mass of the combination and its load must not exceed the amount, in kilograms, equal to A in the formula —

where —

Kis —

(a)0.055 if a single drive axle is fitted to the motor vehicle; or

(b)0.053 if a single drive tandem axle group is fitted to the motor vehicle; or

(c)0.051 if a dual drive tandem axle group is fitted to the motor vehicle;

Mis the number of tyre revolutions per km as specified by the tyre manufacturer for the tyres fitted to the driving axle or axles;

Ris the overall gear reduction between engine and drive wheels;

Tis the maximum engine net torque in N m.

Subdivision 3 — Light vehicles

167.Maximum loaded mass of light vehicles

(1)In this regulation —

motor vehicle means a motor vehicle that is a light vehicle;

trailer means a trailer that is a light vehicle;

vehicle means a light vehicle.

(2)Subject to regulation 168(2), the loaded mass of a trailer or other vehicle that is being towed by a motor vehicle must not exceed —

(a)in the case of a trailer or vehicle equipped with brakes in accordance with Part 10 Division 9 that is being towed by a motor vehicle other than a motor cycle — 1.5 times the unloaded mass of the motor vehicle by which it is being towed; or

(b)in a case to which paragraph (a) does not apply — the unloaded mass of the motor vehicle by which it is being towed.

168.Loaded mass of light trailers

(1)In this regulation —

motor vehicle means a motor vehicle that is a light vehicle;

trailer means a trailer that is a light vehicle.

(2)The loaded mass of a trailer that is being towed by a motor vehicle must not exceed the lesser of —

(a)the towing capacity of the towing apparatus fitted to the vehicle, as specified by the manufacturer of the towing apparatus; or

(b)the maximum loaded mass of a trailer that may be towed by the vehicle, as specified by the manufacturer of the vehicle.

(3)If the towing capacity of the towing apparatus fitted to a motor vehicle is not specified by the manufacturer of the towing apparatus or otherwise cannot be determined, the maximum permitted loaded mass mentioned in subregulation (2)(a) must be taken to be less than the towing capacity of the towing apparatus fitted to the vehicle.

(4)If the maximum trailer mass of a motor vehicle is not specified by the manufacturer of the vehicle or otherwise cannot be determined, the maximum permitted loaded mass mentioned in subregulation (2)(b) must be taken to be —

(a)if the trailer is equipped with brakes in accordance with Part 10 Division 9 — 1.5 times the unloaded mass of the vehicle; or

(b)if the trailer is not so equipped — the unloaded mass of the vehicle.

Division 2 — Dimension requirements

169.Dimension requirements

(1)This Division sets out, for the definition of dimension requirement in section 3(1), the requirements that relate to the dimensions of —

(a)a vehicle; or

(b)a vehicle’s load; or

(c)a vehicle and its load.

(2)This Division does not apply to a vehicle mentioned in regulation 228(g).

170.Dimension requirements for all vehicles

A vehicle and its load must not exceed a size limit set for the vehicle in this Division.

171.Width of certain vehicles

(1)A motor vehicle, trailer or any vehicle in a combination must not be over 2.5 m wide.

(2)For subregulation (1), the width of a vehicle is measured without taking into account any anti‑skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

172.Length of motor vehicles

(1)A motor vehicle, except an articulated or controlled access bus, must not be over 12.5 m long.

(2)A controlled access bus must not be over 14.5 m long.

(3)An articulated bus must not be over 18 m long.

173.Length of trailers

(1)On a semi‑trailer or a dog trailer —

(a)the distance between the point of articulation at the front of the trailer and the rear overhang line must not be over 9.5 m; and

(b)the distance between the point of articulation at the front of the trailer and the rear of the trailer must not be over 12.3 m.

(2)A projection forward of the point of articulation at the front of a semi‑trailer must be contained within a radius of 1.9 m from the point of articulation.

Dimension limits for a semi‑trailer

(3)If a semi‑trailer has 2 or more points of articulation at the front of the trailer, it must comply with subregulations (1) and (2) when measured at one of the points.

(4)A trailer must not have over 12.5 m of its length available for the carriage of animals if it is —

(a)built to carry cattle, sheep, pigs or horses on 2 or more partly or completely overlapping decks; and

(b)over 4.3 m high.

(5)For subregulation (4), the length available for the carriage of animals on a trailer is measured from the inside of the front wall or door of the trailer to the inside of the rear wall or door of the trailer, with any intervening partitions disregarded.

(6)However, when measuring the length of a trailer with a rounded front, the length is not to include the rounded portion.

174.Length of combinations

(1)A combination must not be over —

(a)for a B‑double — 25 m long; and

(b)for a road train — 53.5 m long; and

(c)for a combination, except a road train, designed to carry vehicles on 2 or more partly or completely overlapping decks — 25 m long; and

(d)for another combination — 19 m long.

(2)In a B‑double that —

(a)consists of 2 semi‑trailers built to carry cattle, sheep, pigs or horses; and

(b)includes at least one semi‑trailer over 4.3 m high,

the 2 semi‑trailers must not have over 18.8 m of their combined length available for the carriage of animals.

(3)For subregulation (2), the length available for the carriage of animals on a trailer is measured from the inside of the front wall or door of the trailer to the inside of the rear wall or door of the trailer, with any intervening partitions disregarded.

(4)However, when measuring the length of a trailer with a rounded front, the length is not to include the rounded portion.

175.Trailer rear overhang

(1)The rear overhang of a semi‑trailer, or dog trailer consisting of a semi‑trailer and converter dolly, must not exceed the lesser of —

(a)60% of the distance between the point of articulation at the front and the rear overhang line; and

(b)3.7 m.

(2)A semi‑trailer with 2 or more points of articulation at the front must comply with subregulation (1) when measured at the same point used for measurement for compliance with regulation 173(3).

(3)The rear overhang of a trailer with only one axle group or single axle (except a semi‑trailer) must not exceed the lesser of —

(a)the length of the load‑carrying area or body ahead of the rear overhang line; and

(b)3.7 m.

(4)The rear overhang of a vehicle not mentioned in subregulation (1) or (3) must not exceed the lesser of —

(a)60% of the distance between the centre of the front axle and the rear overhang line; and

(b)3.7 m.

176.Trailer drawbar length

(1)The distance between the coupling pivot point on the drawbar of a dog trailer, and the centre of the front axle group or of the front single axle of the trailer, must —

(a)not be over 5 m; and

(b)not be under 3 m, if the trailer is used in a road train over 19 m long.

Length of a drawbar on a dog trailer

(2)The distance between the coupling pivot point on a drawbar, and the centre of the axle group or single axle on a trailer with only one axle group or single axle (except a semi‑trailer) must not be over 8.5 m.

177.Height of certain vehicles

(1)A motor vehicle, trailer or any vehicle in a combination must not be over 4.3 m high.

(2)However —

(a)a motor vehicle, trailer or any vehicle in a combination built to carry cattle, sheep, pigs or horses must not be over 4.6 m high; and

(b)a double‑deck bus must not be over 4.4 m high.

178.Ground clearance of certain motor vehicles

(1)In this regulation —

ground clearance of a vehicle, means the minimum distance to the ground from a point on the underside of the vehicle, except a point on a tyre, wheel, wheel hub, brake backing plate or flexible mudguard or mudflap of the vehicle.

(2)A motor vehicle must have a ground clearance of —

(a)at least 100 mm at any point within 1 m of an axle; and

(b)at least one‑thirtieth of the distance between the centres of adjacent axles at the midpoint between them; and

(c)at any other point — at least the distance that allows the vehicle to pass over a peak in the road with a gradient on either side of 1:15, if the wheels of one axle of the vehicle are on the slope on one side of the peak and the wheels of the next axle are on the slope on the other side.

(3)This regulation does not apply to —

(a)a motor vehicle with 3 wheels or fewer; or

(b)a combination that includes a motor vehicle with 3 wheels or fewer.

Ground clearance at the midpoint between 2 axles

Ground clearance over a peak in the road

179.Heavy vehicle size limits

(1)The distance measured at right angles between the rear overhang line of a vehicle and the rear of its load must not exceed the rear overhang that the vehicle is allowed under regulation 175.

Illustration of —

front projection limit; and

rear overhang limit from r. 173 or 175; and

maximum rear projection of load allowed without a warning signal.

(2)In subregulation (1) —

vehicle means —

(a)a heavy vehicle; or

(b)a combination that includes a heavy vehicle.

(3)Despite subregulation (1) and regulation 170 —

(a)the height of a vehicle that is carrying vehicles on more than one deck, and its load, must not exceed 4.6 m; and

(b)the distance measured at right angles between the rear overhang line of a trailer carrying vehicles on more than one deck and the rear of the rearmost vehicle on the trailer must not exceed 4.9 m.

CarCarriernewcropped

Maximum allowable dimensions of a loaded car carrier

180.Front and side projections of heavy vehicles

(1)In this regulation —

vehicle means —

(a)a heavy vehicle; or

(b)a combination that includes a heavy vehicle.

(2)Subject to regulation 173(2), a load on a vehicle must not project more than 1.2 m in front of the vehicle, or more than 150 mm from the outermost part of either side of it.

Vehicle Loaded to width limts (cropped)

Vehicle loaded to width limits mentioned in r. 170,
with maximum side projection of load allowed under r. 180

181.Warning signals for loads projecting to rear of heavy vehicles

(1)In this regulation —

vehicle means —

(a)a heavy vehicle; or

(b)a combination that includes a heavy vehicle.

(2)The rear of a load on a vehicle must carry a warning signal if the load —

(a)projects more than 1.2 m behind the vehicle; or

(b)projects to the rear of the vehicle so that the end of the load cannot be seen easily from behind; or

(c)is on a pole‑type trailer.

(3)In daytime, the warning signal must be a brightly coloured flag or piece of material, with each side at least 300 mm long.

(4)At night‑time, the warning signal must be a light showing a clear red light visible at a distance of 200 m.

182.Size and projection of loads of light vehicles

(1)In the case of a light vehicle other than a motor cycle, the load and equipment on the vehicle must not project more than —

(a)1.2 m in front of the vehicle; or

(b)1.2 m to the rear of the vehicle.

(2)In the case of a motor cycle, the maximum longitudinal projection beyond the outer extremity of the wheels, of any part of the vehicle, or the load or equipment on the vehicle, must not exceed —

(a)for a motor cycle only —

(i)150 mm in the case of the front wheel; and

(ii)300 mm in the case of the rear wheel;

(b)for a motor cycle with an attached sidecar —

(i)600 mm in the case of the front wheel; and

(ii)900 mm in the case of the rear wheel.

(3)In the case of a light vehicle, the load and equipment on the vehicle, other than rear vision mirrors and approved signalling devices, must not project more than 150 mm beyond the extreme outer portion of the vehicle on either side.

183.Warning signals for loads of light vehicles

(1)If any portion of the load or equipment on a light vehicle projects in a manner that it would not be readily visible to any person following immediately behind the vehicle, the driver of the vehicle must —

(a)mark the end of the load or equipment, by means of a brightly coloured flag or piece of material, with each side at least 300 mm long, so that it is clearly visible to persons in its vicinity; or

(b)at night‑time, fit to the extreme end of the load or equipment a light showing a clear red light to the rear, visible at a distance of 200 m.

(2)Subregulation (1) is not a requirement for the definition of warning requirement in section 51.

184.Dangerous projection requirement for categories of breach

For the definition of dangerous projection requirement in section 51, a requirement is that a load on a vehicle must not project in a way that is dangerous to a person or to property, even if all applicable dimension requirements and warning requirements, as mentioned in that definition, are complied with at the relevant time.

185.Warning requirements for categories of breach

For the definition of warning requirement in section 51, these are requirements —

(a)a requirement specified in an order or permit, as defined in section 32, for a warning sign, light or other device;

(b)a requirement specified in an order or permit, as defined in section 38, for a warning sign, light or other device.

Division 3 — Loading requirements

186.Loading requirements

(1)This Division sets out, for the definition of loading requirement in section 3(1), the requirements that relate to the placing or securing of a vehicle’s load.

(2)This Division does not apply to a vehicle mentioned in regulation 228(g).

187.Placement and securing of loads

(1)In this regulation —

Load Restraint Guide means the document entitled “Load Restraint Guide” Second Edition 2004 and published by the National Transport Commission established by the National Transport Commission Act 2003 (Commonwealth) section 5.

(2)A load on a vehicle must not be placed in a way that makes the vehicle unstable or unsafe.

(3)In a prosecution for an offence under section 29(1) in relation to the alleged breach of a loading requirement mentioned in subregulation (2), evidence given that the load was not positioned in accordance with the guidelines and performance standards set out in the Load Restraint Guide is prima facie evidence that the placement of the load made the vehicle unstable or unsafe.

(4)A load on a vehicle must be secured in accordance with the guidelines and performance standards for the safe carriage of loads on road vehicles set out in the Load Restraint Guide.

(5)In a prosecution for an offence under section 29(1) in relation to the alleged breach of a loading requirement mentioned in subregulation (2) or (4) a document purporting to be the Load Restraint Guide must, in the absence of any evidence to the contrary, be taken to be the Load Restraint Guide.

Division 4 — Exemption from mass, dimension or loading requirements in emergency areas

188.Exemptions from mass, dimension or loading requirements in emergency areas

(1)The Commissioner of Main Roads may exempt a vehicle or its load or a vehicle and its load from the application of a mass, dimension or loading requirement in an emergency area as defined in the Emergency Management Act 2005 section 3 if —

(a)the vehicle is being used, or is intended to be used, to protect life or property, or to restore communications or the supply of energy, water or sewerage services; and

(b)the exemption does not present an unreasonable danger to other road users.

(2)The Commissioner of Main Roads may impose conditions on an exemption.

(3)An exemption may be communicated orally to the driver or operator of the vehicle.

(4)The Commissioner of Main Roads must make a written record of each exemption and the conditions to which it is subject.

(5)A person to whom an exemption applies must not contravene a condition imposed on the exemption.

Penalty for an offence under this subregulation: a fine of 16 PU.

189.Notification and reconsideration of emergency area exemption decisions

Part 15 provides for the notification and reconsideration of certain decisions made under regulation 188.

Division 5 — Modification of mass or dimension requirements for certain vehicles

190.Terms used

In this Division —

class 1 vehicle means a vehicle —

(a)in respect of which there is non‑compliance with a prescribed requirement that relates to the mass or dimension of the vehicle or its load or the vehicle and its load; and

(b)that is —

(i)a special purpose vehicle; or

(ii)an agricultural machine or agricultural implement; or

(iii)carrying, or designed to carry, a large indivisible item;

and

(c)that is not —

(i)a road train; or

(ii)a B‑double; or

(iii)carrying a freight container designed for multi‑modal transport;

class 3 vehicle means a vehicle —

(a)in respect of which there is non‑compliance with a prescribed requirement that relates to the mass or dimension of the vehicle or its load or the vehicle and its load; and

(b)that is not a class 1 vehicle;

large indivisible item means an item that —

(a)cannot be divided without extreme effort, expense or risk of damage to it; and

(b)cannot be carried on any vehicle without exceeding a mass or dimension requirement;

order has the meaning given in section 32;

permit has the meaning given in section 32.

191.Vehicles for which mass or dimension requirements may be modified

For the definition of vehicle in section 32 the classes of vehicle are these —

(a)a class 1 vehicle;

(b)a class 3 vehicle.

192.Heavy vehicles that require accredited person before mass or dimension requirement can be modified

The heavy vehicles prescribed for section 33(4) are heavy vehicles used in connection with a business except a vehicle that is —

(a)a bus; or

(b)a vehicle with a GVM of 8 t or less; or

(c)a vehicle owned by a public authority; or

(d)a vehicle owned by the Commonwealth or a Commonwealth department or agency or used for Australian or visiting defence force purposes; or

(e)a special purpose vehicle; or

(f)an agricultural vehicle; or

(g)operated by an operator who will not apply for —

(i)more than 4 single trip permits for one or more vehicles to have effect in the same 12 month period commencing 1 January and ending on 31 December; or

(ii)any other permit for a vehicle.

193.Applications for permits to modify mass or dimension requirement

(1)An application for a permit must be in a form approved by the Commissioner of Main Roads.

(2)An application for a permit must be accompanied by the relevant fee under regulation 197.

194.Permits for transportation of grain to bulk handler

When deciding an application for a permit to modify a mass requirement in relation to the transportation of grain to a bulk handler, the Commissioner of Main Roads must take into account each matter that the bulk handler requires a transporter of grain to comply with as part of the bulk handler’s business practices.

195.Additional content of orders, permits

(1)In addition to the things that may be specified in an order under section 35(1), each order must also specify the term during which the modification has effect.

(2)In addition to the things that may be specified in a permit under section 35(1), each permit must also specify these things —

(a)the name and address of the person to whom it was issued;

(b)the vehicle licence number of each vehicle to which it applies;

(c)the term during which the modification has effect.

196.Applications for variation of modification of mass or dimension requirement

(1)An application for the variation of a modification of a mass or dimension requirement must be in a form approved by the Commissioner of Main Roads.

(2)An application for the variation of a modification of a mass or dimension requirement must be accompanied by the relevant fee under regulation 197.

197.Fees for application for permit, variation

(1)The fee payable for an application for a permit or for the variation of a modification of a mass or dimension requirement for a class 1 vehicle, in the case of more than one journey, is the greater of the applicable amounts set out in paragraphs (a) and (b) —

(a)if the permit is for —

(i)12 months — $25; or

(ii)36 months — $50;

(b)in the case of a mass requirement, $4 for each tonne or part of a tonne by which the mass requirement may be exceeded under the permit for each month or part of a month for which the permit is issued.

(2)The fee payable for an application for a permit for a class 1 vehicle, in the case of a single journey, is the greater of the applicable amounts set out in paragraphs (a) and (b) —

(a)$25;

(b)one cent per tonne per km (rounded to the nearest 5 cents) of the vehicle and its permitted load.

(3)The fee payable for an application for a permit or for the variation of a modification of a mass or dimension requirement for a class 3 vehicle, in the case of more than one journey, is the total of the applicable amounts set out in paragraphs (a) and (b) —

(a)if the permit is for —

(i)12 months — $25; or

(ii)36 months — $50;

(b)in the case of a mass requirement, $4 for each tonne or part of a tonne by which the mass requirement may be exceeded under the permit for each month or part of a month for which the permit is issued.

198.Variation of modification of a mass or dimension requirement on volition of Commissioner

(1)The Commissioner of Main Roads may, by order published in the Gazette, vary a modification of a mass or dimension requirement made by order if circumstances have changed since the order was made or varied.

(2)The Commissioner of Main Roads may, by notice in writing given to the person to whom a permit was issued, vary a modification of a mass or dimension requirement made by the permit if circumstances have changed since the permit was issued or varied.

199.Suspension, cancellation of modification of a mass or dimension requirement

(1)The Commissioner of Main Roads may, by notice in writing given to the person to whom a permit was issued, cancel or suspend the modification of a mass or dimension requirement made by the permit if —

(a)the modification was made on the basis of incorrect or misleading information, whether or not fraud or misrepresentation was involved; or

(b)the Commissioner has reason to suspect that there are grounds on which the Commissioner could, if then considering whether to make the modification, refuse to make it; or

(c)the permit has not been complied with.

(2)The Commissioner of Main Roads may, by order published in the Gazette, cancel or suspend the modification of a mass or dimension requirement made by order if —

(a)the modification was made on the basis of incorrect or misleading information, whether or not fraud or misrepresentation was involved; or

(b)the Commissioner has reason to suspect that there are grounds on which the Commissioner could, if then considering whether to make the modification, refuse to make it.

(3)Cancellation or suspension of a modification under subregulation (1) or (2) does not affect the liability of a person to any penalty attributable to anything mentioned in subregulation (1)(a) or (c) or (2)(a).

200.Driver of pilot, escort vehicle to comply with order or permit

If an order or permit requires a vehicle to be accompanied by a pilot vehicle or escort vehicle, the driver of the pilot vehicle or escort vehicle must ensure that there is compliance with each provision of the order or permit that applies to the pilot vehicle or escort vehicle.

Penalty: a fine of 10 PU.

Modified penalty: 8 PU.

201.Notification and reconsideration of mass or dimension requirement decisions

Part 15 provides for the notification and reconsideration of certain decisions made under Part 4 Division 2 of the Act.

Division 6 — Access restrictions on certain vehicles that comply with mass or dimension requirements

202.Terms used

In this Division each of these terms has the meaning given in section 38 —

access approval

order

permit

road

203.Complying restricted access vehicles

(1)For paragraph (b) of the definition of complying restricted access vehicle in section 38 a class 2 vehicle cannot be on a road without an access approval.

(2)In subregulation (1) —

class 2 vehicle means a vehicle that is —

(a)a B‑double; or

(b)a road train; or

(c)a controlled access bus not more than 14.5 m long; or

(d)a combination carrying vehicles on more than one deck that, together with its load, meets one or both of the these criteria —

(i)its height exceeds 4.3 m but does not exceed 4.6 m;

(ii)its length exceeds 19 m;

or

(e)a vehicle that exceeds 4.3 m, but does not exceed 4.6 m, in height and is built to carry cattle, sheep, pigs or horses.

204.Heavy vehicles that require accredited person before access approval can be given

The heavy vehicles prescribed for section 40(2) are heavy vehicles used in connection with a business except a vehicle that is —

(a)a bus; or

(b)a vehicle with a GVM of 8 t or less; or

(c)a vehicle owned by a public authority; or

(d)a vehicle owned by the Commonwealth or a Commonwealth department or agency or used for Australian or visiting defence force purposes; or

(e)a special purpose vehicle; or

(f)an agricultural vehicle; or

(g)operated by an operator who will not apply for —

(i)more than 4 single trip permits for one or more vehicles to have effect in the same 12 month period commencing 1 January and ending on 31 December; or

(ii)any other permit for a vehicle.

205.Applications for access approval by permit

(1)An application for a permit must be in a form approved by the Commissioner of Main Roads.

(2)An application for a permit must be accompanied by the relevant fee under regulation 208.

206.Additional content of orders, permits

(1)In addition to the things that may be specified in an order under section 42(1), each order must also specify the term during which the access approval has effect.

(2)In addition to the things that may be specified in a permit under section 42(1), each permit must also specify these things —

(a)the name and address of the person to whom it was issued;

(b)the vehicle licence number of each vehicle to which it applies;

(c)the term during which the access approval has effect.

207.Applications for variation of access approvals

(1)An application for the variation of an access approval must be in a form approved by the Commissioner of Main Roads.

(2)An application for the variation of an access approval must be accompanied by the relevant fee under regulation 208.

208.Fees for application for permit, variation

The fee payable for an application for a permit or for the variation of an access approval is —

(a)if the permit is for 12 months — $25; or

(b)if the permit is for 36 months — $50.

209.Variation of access approval on volition of Commissioner

(1)In this regulation —

Main Roads WA website means a website, or a part of a website, controlled and managed by the Commissioner of Main Roads.

(2)The Commissioner of Main Roads may, by order published in the Gazette or on the Main Roads WA website, vary a modification of an access approval given by order if circumstances have changed since the order was made or varied.

(3)The Commissioner of Main Roads may, by notice in writing given to the person to whom a permit was issued or published on the Main Roads WA website, vary an access approval given by the permit if circumstances have changed since the permit was issued or varied.

210.Suspension, cancellation of access approvals

(1)The Commissioner of Main Roads may, by notice in writing given to the person to whom a permit was issued, cancel or suspend an access approval given by the permit if —

(a)the access approval was given on the basis of incorrect or misleading information, whether or not fraud or misrepresentation was involved; or

(b)the Commissioner has reason to suspect that there are grounds on which the Commissioner could, if then considering whether to give the access approval, refuse to give it; or

(c)the permit has not been complied with.

(2)The Commissioner of Main Roads may, by order published in the Gazette, cancel or suspend an access approval given by order if —

(a)the access approval was given on the basis of incorrect or misleading information, whether or not fraud or misrepresentation was involved; or

(b)the Commissioner has reason to suspect that there are grounds on which the Commissioner could, if then considering whether to give the access approval, refuse to give it.

(3)Cancellation or suspension of an access approval under subregulation (1) or (2) does not affect the liability of a person to any penalty attributable to anything mentioned in subregulation (1)(a) or (c) or (2)(a).

211.Notification and reconsideration of access approval decisions

Part 15 provides for the notification and reconsideration of certain decisions made under Part 4 Division 3 of the Act.

Division 7 — Accreditation

212.Term used: accredited

In this Division —

accredited means accredited for the purposes of sections 33(4) and 40(2).

213.Who may be accredited

For section 44(2)(b) a person may be accredited in relation to a vehicle if the person is —

(a)an individual who is a responsible person for the vehicle; or

(b)a company given an Australian Company Number under the Corporations Act 2001 (Commonwealth) who is a responsible person for the vehicle.

214.Standards for ensuring, demonstrating compliance with mass, dimension or loading requirements

(1)For section 44(4)(a) the standards are —

(a)the Western Australian Heavy Vehicle Accreditation — Mass Management Module Standards published by Main Roads Western Australia and as amended from time to time; and

(b)the Western Australian Heavy Vehicle Accreditation — Dimension and Loading Management Module Standards published by Main Roads Western Australia and as amended from time to time.

(2)If there is any inconsistency between a provision of a road law and the document mentioned in subregulation (1), the provision of the road law prevails to the extent of the inconsistency.

215.Applications for accreditation

(1)An application for a person to be accredited must be in a form approved by the Commissioner of Main Roads.

(2)An application for a person to be accredited must be accompanied by the relevant fee under regulation 218.

216.Accrediting persons on application

(1)A person is not to be accredited unless the Commissioner of Main Roads is satisfied that the person has in place systems that, to the extent that is reasonably practicable in the circumstances, comply with these documents —

(a)the Western Australian Heavy Vehicle Accreditation Business Rules published by Main Roads Western Australia and as amended from time to time;

(b)the Western Australian Heavy Vehicle Accreditation, Maintenance Management Module Standards published by Main Roads Western Australia and as amended from time to time;

(c)the Western Australian Heavy Vehicle Accreditation, Fatigue Management Module Standards published by Main Roads Western Australia and as amended from time to time.

(2)If there is any inconsistency between a provision of a road law and a document mentioned in subregulation (1), the provision of the road law prevails to the extent of the inconsistency.

217.Applications for renewal of accreditation

(1)An application for a person’s accreditation to be renewed must be in a form approved by the Commissioner of Main Roads.

(2)An application for a person’s accreditation to be renewed must be accompanied by the relevant fee under regulation 218.

(3)The Commissioner of Main Roads may renew a person’s accreditation if satisfied that the person continues to have in place systems that accord with the requirements of section 44(4).

218.Fees for application for accreditation, renewal

The fee payable for an application for a person to be accredited or for a person’s accreditation to be renewed is $225.

219.Applications for variation of accreditation

An application for the variation of an accreditation must be in a form approved by the Commissioner of Main Roads.

220.Accreditation duration, certificates

(1)An accreditation, renewal of an accreditation or a variation of an accreditation may have effect for up to 36 months from the day of the accreditation, renewal or variation, as is applicable in the case.

(2)The Commissioner of Main Roads may issue a certificate to an accredited person specifying the duration of the accreditation.

221.Suspension, cancellation of accreditation

(1)The Commissioner of Main Roads may, by notice in writing given to an accredited person, cancel or suspend the person’s accreditation if —

(a)the person was accredited on the basis of incorrect or misleading information, whether or not fraud or misrepresentation was involved; or

(b)the Commissioner is not or is no longer satisfied as to a matter mentioned in section 44(4)(a), (b) or (c) in relation to the accredited person; or

(c)the Commissioner has reason to suspect that there are other grounds on which the Commissioner could, if then considering whether to accredit the person, refuse to accredit the person; or

(d)action required to be taken by or on behalf of the accredited person has not been taken; or

(e)a safety‑related incident occurs in relation to a vehicle the operation of which is controlled or directed by the person.

(2)Cancellation or suspension of an accreditation under subregulation (1) does not affect the liability of a person to any penalty attributable to anything mentioned in subregulation (1)(a).

222.Notification and reconsideration of accreditation decisions

Part 15 provides for the notification and reconsideration of certain decisions made under Part 4 Division 4 of the Act.

Part 9  Miscellaneous prescribed matters

223.Receivers: transport documentation

These persons are declared to be excluded from the definition of receiver in section 98(1) —

(a)a person who receives or unpacks goods in the performance of a function or the exercise of a power under a law of the State or the Commonwealth;

(b)a person that —

(i)is, or is an employee or agent of, a body prescribed as a Government Business Enterprise under the Commonwealth Authorities and Companies Regulations 1997 (Commonwealth); and

(ii)receives or unpacks goods for the purposes of the Government Business Enterprise.

224.Previous convictions of MDLR offences under provisions of corresponding law

(1)In this regulation —

HVNL means the Heavy Vehicle National Law, set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Queensland).

(2)If the HVNL applies as a law of another jurisdiction, a provision of the HVNL that corresponds to a provision mentioned in the definition of MDLR offence is prescribed for section 122(b).

225.Fee for substitution of vehicle for omnibus

The fee payable before the CEO can give consent for the purposes mentioned in section 130(2) is $1.00.

Part 10 — Standards and requirements for motor vehicles, trailers and combinations

Division 1 — Preliminary

226.Terms used

In this Part —

adopted standard means a standard, except a national standard, that is applied, adopted or incorporated under this Part and, unless the contrary intention appears, a reference to an adopted standard in a regulation or subregulation in this Part is a reference to the standard as in force on 1 November 2002;

ADR means a national standard;

air brake means an air‑operated or air‑assisted brake;

braking system, of a vehicle, means all the brakes of the vehicle and all the components of the mechanisms by which they are operated;

British Standard means a standard approved for publication on behalf of the British Standards Institution, being an institution established under royal charter in the United Kingdom ;

emergency brake means a brake designed to be used if a service brake fails;

emergency vehicle means any of these —

(a)a police vehicle ordinarily used by police officers in the course of carrying out their duties;

(b)a vehicle operated by —

(i)a fire brigade under the Fire Brigades Act 1942; or

(ii)a bush fire brigade under the Bush Fires Act 1954; or

(iii)the department of the Public Service principally assisting in the administration of the Fire and Emergency Services Act 1998,

and ordinarily used by members of the brigade or members of staff of that department in the course of carrying out their duties;

(c)an ambulance;

(d)an emergency vehicle within the meaning of a corresponding law;

(e)a vehicle in respect of which a declaration under regulation 227(a) is in force;

national standard means a national standard under the Motor Vehicle Standards Act 1989 (Commonwealth) and unless the contrary intention appears, means the national standard as in force on 1 November 2002;

rear fog light means a light used on a vehicle to make it more easily visible from the rear in dense fog;

road tank vehicle has the same meaning as in the ADG Code as defined in Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Regulations 2007 regulation 4;

school bus means a motor vehicle that —

(a)is equipped to carry more than 8 adult persons; and

(b)is, at the material time, being used to pick up, transport and set down school children; and

(c)is solely or principally used for the purpose mentioned in paragraph (b);

second edition ADR means a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicle Safety, Second Edition originally published by the then Commonwealth Department of Transport;

street rod vehicle means a vehicle that has been modified for safe road use and that —

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

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

third edition ADR means a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicles and Trailers, Third Edition published by the then Federal Office of Road Safety of the Commonwealth Department of Transport and Regional Development;

transport enforcement vehicle means a vehicle in respect of which a declaration under regulation 227(b) is in force;

vacuum brakes means vacuum‑operated or vacuum‑assisted brakes.

[Regulation 226 amended in Gazette 20 Sep 2016 p. 3982.]

227.Declaration of vehicles as emergency, transport enforcement vehicles

The CEO may, for the purposes of this Part, declare a vehicle, or each vehicle in a class of vehicles, to be —

(a)an emergency vehicle; or

(b)a transport enforcement vehicle.

Division 2 — Application

228.Application

This Part does not apply to any of these vehicles —

(a)a vehicle used only on a railway or tramway;

(b)a vehicle designed to be controlled by a person walking next to it;

(c)a bicycle;

(d)any vehicle (other than a power assisted pedal cycle) propelled by a motor with a maximum power output of not over 200 W;

(e)a motorised wheelchair that cannot travel at over 10 km/h;

(f)an animal drawn vehicle as defined in regulation 390;

(g)a vehicle used for the purpose of road maintenance or road construction if it is —

(i)situated between traffic signs on a road maintenance or road construction site; and

(ii)operated for, by or under the control of a government department, government instrumentality, statutory authority or local government; and

(iii)fitted with a light displaying intermittent yellow flashes (or flashes of another colour or colours approved by the CEO).

229.Non‑application of this Part: exemptions

(1)A provision of this Part does not apply to a vehicle if the vehicle is exempt from —

(a)the provision under another law of this State; or

(b)the corresponding provision of the law of another State, a Territory or the Commonwealth.

(2)However, the vehicle is exempt only if all conditions of the exemption (if any) are being complied with.

230.Non‑application of this Part: inconsistent ADR requirements

A provision of Divisions 5 to 13 inclusive does not apply to a vehicle if —

(a)the provision is inconsistent with a requirement of a second or third edition ADR applying to the vehicle; and

(b)the vehicle complies with the requirement.

231.Non‑application of this Part: approvals under Motor Vehicle Standards Act 1989 (Commonwealth)

A provision of Divisions 5 to 13 inclusive does not apply to a vehicle if —

(a)the vehicle does not comply with a requirement of an ADR applying to the vehicle; and

(b)the provision of these regulations corresponds to the requirement of the ADR; and

(c)despite the non‑compliance, approval has been given, under the Motor Vehicle Standards Act 1989 (Commonwealth) section 10A(2) or (3), to place identification plates on vehicles of that type; and

(d)the vehicle complies with the approval conditions (if any).

Division 3 — Offences and penalties

232.Motor vehicles, trailers and combinations to comply with applicable standards and requirements

(1)A person must not drive or use a vehicle unless there is compliance with each provision in this Part that applies to the vehicle or a combination of which the vehicle is a part.

Penalty: a fine of 16 PU.

Modified penalty: 2 PU.

(2)A person must not permit a vehicle to be driven or used unless there is compliance with each provision in this Part that applies to the vehicle or a combination of which the vehicle is a part.

Penalty: a fine of 16 PU.

Modified penalty: 2 PU.

(3)A person does not commit an offence under subregulation (1) or (2) only because the person drives or uses, or permits the driving or use of, a vehicle that is the subject of an offence under regulation 234 or 235.

233.Certain movement of defective vehicles permitted

A person does not commit an offence under regulation 232(1) or (2) in relation to a vehicle if the vehicle —

(a)is being driven in accordance with each defect notice that is in effect for the vehicle; or

(b)cannot be moved, but arrangements for it to be removed from the road are made as soon as practicable; or

(c)is being or has been, as far as practicable, removed from the carriageway for the purpose of repairing it or arranging for it to be removed from the road, and the vehicle is repaired or removed from the road as soon as practicable; or

(d)is being driven directly to a place where it is to be repaired and driving it on the road is unlikely to endanger any person or property; or

(e)is being tested for the purpose of repairing it and driving it on the road is unlikely to endanger any person or property.

234.Tampering with a speed limiting device

If under regulation 363 a vehicle is required to be fitted with a speed limiting device, a person must not tamper with or modify the device so as to cause the vehicle to be capable of being driven at a speed that exceeds 100 km/h.

Penalty: a fine of 20 PU.

Modified penalty: 5 PU.

235.Alteration of vehicles

(1)In this regulation —

alcohol interlock has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 5A(1);

derivative of a car means a motor vehicle of the same make as a factory produced car and in which the forward part of the body form and the greater part of the mechanical equipment are the same as those in the car.

(2)A person must not, without the approval of the CEO, alter a car or a derivative of a car from —

(a)the manufacturer’s specifications; or

(b)its form when it was first licensed, in regard to any part of its construction, equipment or fittings that was effected, manufactured or constructed in accordance with an ADR by making an alteration mentioned in the Table.

Penalty: a fine of 16 PU.

Modified penalty: 2 PU.

Table of alterations requiring approval

 

Alteration

1.

Fitting an engine of greater displacement volume than an engine that was available as an option for the vehicle with the same braking system.

2.

Making modifications to braking systems which include the fitting of smaller diameter brake drums, or narrower brake drums or brake shoes which reduce the swept area of braking surface or which reduce the weight of the brake drum or disc.

3.

Fitting any wheel rim with more than a single weld around the circumference, or which does not conform to one of the dimensional standards for wheel rims set down in the Tyre and Rim Standards Manual issued by the Tyre and Rim Association.

4.

Widening the wheel track of front or rear wheels by more than 25 mm beyond the maximum specified by the vehicle manufacturer.

5.

Fitting spacers between wheels and hubs additional to any provided by the vehicle manufacturer.

6.

Fitting wheel nuts which do not engage the thread of the wheel studs for at least the same length as the nuts provided by the vehicle manufacturer, or wheel nuts which do not match with the taper on the wheel.

7.

Fitting tyres other than those appropriate to the wheel rim as specified in the Tyre and Rim Standards Manual issued by the Tyre and Rim Association.

8.

Making modifications to an axle, axles or suspension which reduces the available suspension travel from static conditions to full bump position to less than two‑thirds of that provided by the vehicle manufacturer.

9.

Making modifications to an axle, axles or suspension so that any part of the vehicle other than the tyre or rim will contact a road surface in the case of the deflation of any tyre.

10.

Welding or heating any axle, stub axle, steering arm or steering knuckle support.

11.

Lengthening or shortening the chassis frame, or the body structure in the case of a vehicle of mono (chassis‑less) construction.

(3)A person must not, without the approval of the CEO, alter a motor vehicle or trailer not being a car or a derivative of a car from —

(a)the manufacturer’s specifications; or

(b)its form when it was first licensed, in regard to chassis, frame, wheels, suspension, steering, brakes, axles, engine, body structure or exhaust system.

Penalty: a fine of 16 PU.

Modified penalty: 2 PU.

(3A)Despite subregulations (2) and (3), a person may alter a motor vehicle by installing an alcohol interlock without the approval of the CEO.

(4)If the CEO approves of any modifications under subregulation (2) or (3), a vehicle modification permit must be issued by the CEO, upon receipt by the CEO of a fee of $19.50.

(5)A person must not change or alter the body or equipment of a motor vehicle in a way that adversely affects the safe operation of the vehicle.

Penalty: a fine of 16 PU.

Modified penalty: 2 PU.

(6)A responsible person for a licensed vehicle must, whenever an alteration is made to the vehicle or its equipment affecting the accuracy of any particulars of the description in the licence, give notification of the alteration to the CEO as soon as practicable after the alteration is made.

Penalty: a fine of 16 PU.

Modified penalty: 2 PU.

(7)A person must not, without the approval of the CEO, remove a compliance plate from a vehicle or deface or modify a compliance plate.

Penalty for an offence under this subregulation: a fine of 16 PU.

Modified penalty for an offence under this subregulation: 2 PU.

[Regulation 235 amended in Gazette 12 Jun 2015 p. 2040; 14 Jun 2016 p. 2000; 20 Sep 2016 p. 3983.]

Division 4 — Compliance with Australian Design Rules and adopted standards

236.Compliance with second edition ADRs

(1)In this regulation —

vehicle means a motor vehicle, trailer or combination.

(2)If a second edition ADR recommends that the ADR should apply to the design and construction of a vehicle, the vehicle must comply with the ADR.

(3)If a second edition ADR contains a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with —

(a)the requirement as in force when the vehicle was built; or

(b)if the requirement is amended after the vehicle is built and before the equipment is fitted — the requirement as in force —

(i)when the vehicle was built; or

(ii)when the equipment was fitted; or

(iii)at any time between when the vehicle was built and the equipment was fitted.

(4)However, a vehicle, or equipment fitted to a vehicle, need not comply with a recommendation or requirement of a second edition ADR if —

(a)the recommendation or requirement is replaced by, or is inconsistent with, a requirement of a third edition ADR applying to the vehicle or equipment; and

(b)the vehicle or equipment complies with the requirement of the third edition ADR.

(5)If a second edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

237.Interpretation of certain second edition ADRs

The words left and right in the second edition ADRs have the opposite meaning in the application of the ADRs, in accordance with these regulations, to a motor vehicle with a left‑hand drive —

(a)ADR 8 Safety Glass;

(b)ADR 12 Glare Reduction in Field of View;

(c)ADR 14 Rear Vision Mirrors;

(d)ADR 16 Windscreen Wipers and Washers;

(e)ADRs 18 and 18A Location and Visibility of Instruments;

(f)ADRs 35 and 35A Commercial Vehicle Braking Systems.

Note:The Table lists some terms used in the third edition ADRs and the corresponding term used in these regulations.

Third edition ADRs

These regulations

dipped‑beam headlamp

low‑beam (for a headlight)

front fog lamp

front fog light

rear fog lamp

rear fog light

Wheelguard

mudguard

main‑beam headlamp

high‑beam (for a headlight)

reversing lamp

reversing light

direction indicator lamp

direction indicator light

stop lamp

brake light

rear registration plate lamp

number plate light

front position (side) lamp

parking light

rear position (side) lamp

tail light

end‑outline marker lamp

front or rear clearance light

external cabin lamp

external cabin light

internal lamp

interior light

side marker lamp

side marker light

daytime running lamp

daytime running light

rear reflex reflector, non‑triangular

rear reflector

front reflex reflector, non‑triangular

front reflector

side reflex reflector, non‑triangular

side reflector

238.Compliance with third edition ADRs

(1)In this regulation —

vehicle means a motor vehicle, trailer or combination.

(2)If a third edition ADR applies to the design and construction of a vehicle, the vehicle must comply with the ADR.

(3)If a third edition ADR contains a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with —

(a)the requirement as in force when the vehicle was built; or

(b)if the requirement is amended after the vehicle is built and before the equipment is fitted — the requirement as in force —

(i)when the vehicle was built; or

(ii)when the equipment was fitted; or

(iii)at any time between when the vehicle was built and the equipment was fitted.

(4)However, a vehicle, or equipment fitted to a vehicle, need not comply with a requirement of a third edition ADR if —

(a)the requirement is replaced by, or is inconsistent with, a requirement of a later version of the ADR applying to the vehicle or equipment; and

(b)the vehicle or equipment complies with the requirement of the later version.

(5)If a third edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

239.Exception to compliance with ADRs: vehicles that are not road vehicles

A vehicle need not comply with an ADR applied by regulation 236(2) or 238(2) if a determination or declaration under the Motor Vehicle Standards Act 1989 (Commonwealth) section 5B provides that the vehicle is not a road vehicle for that Act.

240.Exception to compliance with ADRs: Motor Vehicle Standards Act 1989 (Commonwealth)

(1)A vehicle need not comply with an ADR applied by regulation 236(2) or 238(2) if —

(a)despite non‑compliance with the ADR, approval has been given, under the Motor Vehicle Standards Act 1989 (Commonwealth) section 10A(2) or (3), to place identification plates on vehicles of that type; and

(b)the vehicle complies with the approval conditions (if any).

(2)A vehicle need not comply with an ADR applied by regulation 236(2) or 238(2) if —

(a)the vehicle may be supplied to the market under the Motor Vehicle Standards Act 1989 (Commonwealth) section 14A(1); and

(b)for a vehicle for which an approval has been given under that section — the vehicle complies with the approval conditions (if any).

(3)A vehicle need not comply with an ADR applied by regulation 236(2) or 238(2) if —

(a)the vehicle may be used in transport in Australia under the Motor Vehicle Standards Act 1989 (Commonwealth) section 15(2); and

(b)for a vehicle for which an approval has been given under that section — the vehicle complies with the approval conditions (if any).

241.Partial exception to compliance with ADRs: personally imported vehicles

(1)In this regulation —

personally imported vehicle means a vehicle built after 1968 that is imported into Australia by a person who —

(a)owned and used the vehicle for a continuous period of at least 12 months before it was imported into Australia ; and

(b)when the vehicle was imported into Australia , was —

(i)an Australian citizen or permanent resident or a person who had applied to become an Australian citizen or permanent resident; and

(ii)old enough to hold a licence or permit to drive the vehicle;

and

(c)within the previous year, had not imported into Australia another vehicle owned by the person.

(2)A personally imported vehicle must be fitted with —

(a)seat belts that are as effective as seat belts that meet an Australian Standard or British Standard for seat belts as in force at 1 November 2002; and

(b)seat belt anchorages that meet the number and location requirements of second or third edition ADR 5; and

(c)child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34; and

(d)head restraints that meet the number, location and size requirements of second or third edition ADR 22.

(3)However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subregulation (2) if the ADR recommends that it applies or should apply to a vehicle of the same type.

(4)A personally imported vehicle need not otherwise comply with an ADR applied by regulation 236(2) or 238(2).

242.Exception to compliance with adopted standards

A vehicle need not comply with an adopted standard if —

(a)the standard is replaced by, or is inconsistent with, a later version of the standard; and

(b)the vehicle complies with the later version of the standard.

Division 5 — General safety requirements

243.Motor vehicles and trailers to be properly maintained

(1)This regulation —

(a)applies to a motor vehicle or trailer whether or not it forms part of a combination; and

(b)does not apply to an agricultural implement.

(2)A motor vehicle must —

(a)be in a condition that enables it to be driven safely; and

(b)be in a condition that is unlikely to occasion unreasonable annoyance to any person or damage to any property; and

(c)have all of its parts in serviceable condition.

(3)Each vehicle forming part of a combination, other than the first or only motor vehicle forming part of the combination must —

(a)be in a condition that enables it to be towed safely; and

(b)be in a condition that is unlikely to occasion unreasonable annoyance to any person or damage to any property; and

(c)have all of its parts in serviceable condition.

(4)A trailer must —

(a)be in a condition that enables it to be towed safely; and

(b)be in a condition that is unlikely to occasion unreasonable annoyance or injury to any person or damage to any property; and

(c)have all of its parts in serviceable condition.

(5)For this regulation, a vehicle is not in a condition that enables it to be driven or towed safely if driving or towing the vehicle would endanger the person driving or towing the vehicle, anyone else in or on the vehicle (or the combination of which it forms part) or other road users.

244.Motor vehicle steering

(1)In this regulation —

motor vehicle means a motor vehicle built or used mainly for the transport of goods or people by road.

(2)A motor vehicle that is a heavy vehicle must have a right‑hand drive.

(3)A motor vehicle that is a light vehicle but not a motor cycle must have a right‑hand drive unless —

(a)the vehicle is more than 30 years old; or

(b)the vehicle —

(i)is more than 15 years old, but not more than 30 years old; and

(ii)is used solely for personal use.

(4)A motor vehicle has a right‑hand drive if the centre of at least one steering control of the vehicle is to the right of, or in line with, the centre of the vehicle.

(5)A component of the steering system of a motor vehicle that is essential for e