Road Traffic (Vehicles) Act 2012
Road Traffic (Vehicles) Regulations 2014
Western Australia
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 roads15
5.Measuring distances between parallel lines15
6.Required equipment to be in working order15
7.Restored vehicles15
8.Diagrams15
9.Standards and requirements that do not apply to certain written‑off vehicles15
10.Freight containers16
11.Subsequent offences16
Part 2 — Licensing of vehicles
Division 1 — Preliminary
12.Terms used18
13.Counting axles18
14.Notification and reconsideration of vehicle licensing decisions18
Division 2 — Vehicle licences
15.Vehicles required to be licensed19
16.Period within renewal period and after the expiry of vehicle licence in which offence under s. 4(2) not committed19
17.Prescribed standards and requirements19
18.Who can issue certificates of inspection20
19.Certain vehicle examiners to display authorisation at inspection stations20
20.Place of vehicle examination20
Division 3 — Grant, renewal, transfer and variation of vehicle licences
21.Minimum age for application for grant, transfer of vehicle licence21
22.Proof of age and identity of applicant for grant, transfer of vehicle licence21
23.Proof of ownership21
24.Examination for licensing purposes21
26.Weighbridge record22
27.Engine and vehicle identification numbers22
28.Form of licence23
29.Grant of vehicle licence23
30.Renewal of vehicle licence24
31.Period of grant or renewal of vehicle licence25
31A.Monthly renewal of vehicle licence26
32.CEO may vary, grant or renew licences so that they expire on the same day27
Division 4 — Classification of vehicle licences
33.Classes of vehicle licences28
34.Class A vehicle licences28
35.Class B vehicle licences28
36.Class C vehicle licences29
37.Vehicle use to be in accordance with licence conditions29
38.Classes of licences for heavy vehicles29
39.Conditions imposed as to heavy trailers hauled34
40.Certain heavy vehicle licences to be endorsed “seasonal”35
41.Vehicle use to be in accordance with licence35
42.Vehicle licence to be carried, produced in certain cases35
Division 5 — Permits for unlicensed vehicles
43.Term used: permit35
44.Application for permit36
45.Grant of permit37
46.Vehicle use to be in accordance with permit37
47.Display of signs37
Division 6 — Miscellaneous
48.Duplicate or certified copy of vehicle licence document38
49.Licences not current38
50.Change of personal details39
51.Licence documents to be handed over on disposal39
Division 7 — Vehicle licence charges
Subdivision 1 — General
52.Terms used40
53.Vehicle licence charges40
54.Calculation of vehicle licence charges41
54A.Reduction if election made for 1 year grant or renewal42
Subdivision 2 — Vehicle licence charges for vehicles other than heavy vehicles
55.Application42
57.Car, bus, goods vehicle and motor home43
58.Prime mover43
59.Trailer other than towed special purpose vehicle43
60.Motor cycle43
61.Special purpose vehicle44
Subdivision 3 — Vehicle licence charges for heavy vehicles
62.Application44
63.Car or bus44
64.Goods vehicle and motor home45
65.Prime mover47
66.Trailer, not being a towed special purpose vehicle47
67.Special purpose vehicle48
Subdivision 4 — Exemptions
68.Exemptions not available for seasonally licensed heavy vehicles49
69.Government, emergency vehicles49
70.Farm vehicles49
71.Vehicles owned by full‑time carers50
72.Exemption or refund in exceptional circumstances50
Subdivision 5 — Concessions
73.Concessions not available for seasonally licensed heavy vehicles51
74.Certain heavy vehicles used outside South‑west Division51
75.Vehicles used for prospecting51
76.Vehicles used for pulling sandalwood52
77.Vehicles used for kangaroo hunting52
78.Vehicles used for beekeeping52
79.Certain vehicles used to transport stock52
80.Vehicles used for farm haulage53
81.Agricultural machines and agricultural special purpose vehicles54
82.Certain semi‑trailers55
83.Vehicles owned by pensioners, seniors55
84.Motor homes56
84A.Classic vehicles56
85.Reductions not cumulative58
Division 8 — Fees relating to vehicle licensing
Subdivision 1 — Vehicle examination fees
86.Terms used58
87.Fees for vehicle examinations in non‑regional areas60
88.Fees for vehicle examination in the Gascoyne region61
89.Fees for vehicle examination in the Goldfields‑Esperance region62
90.Fees for vehicle examination in the Great Southern region63
91.Fees for vehicle examination in the Kimberley region64
92.Fees for vehicle examination in the Mid West region65
92A.Fees for vehicle examination in the Peel region66
93.Fees for vehicle examination in the Pilbara region67
93A.Fees for vehicle examination in the South West region68
94.Fees for vehicle examination in the Wheatbelt region69
95.Fees for examination for verification of identity70
96.Exemption for person with disability71
Subdivision 2 — Other fees relating to vehicle licensing
98.Fee payable by motor vehicle dealer or vehicle manufacturer licensing vehicle72
99.Recording fees72
100.Transfer fee73
101.Fee for issuing duplicate tax invoices for fees paid73
Subdivision 3 — Exemptions, refunds
102.Power to give exemption or refund in exceptional circumstances73
Part 3 — Overseas vehicles when temporarily in Australia
103.Terms used75
104.Applications for vehicle licence, extension or renewal of vehicle licence for overseas vehicles75
105.Prescribed standards and requirements76
106.Further information76
107.Fees for temporary number plates76
108.Return of temporary plates for overseas vehicles76
Part 4 — Number plates
Division 1 — Preliminary
109.Terms used78
109A.Passenger transport vehicle authorisations79
110.Power to give exemption or refund in exceptional circumstances80
Division 2 — Number plates generally
111.CEO to provide number plates80
112.Fees for issue, reissue, replacement of certain number plates81
113.Return of number plates83
113A.Return of number plates for passenger transport vehicles84
114.Transfer of certain plates85
115.Replacement of stolen, lost number plates86
116.Replacement of dilapidated, damaged number plates87
117.Number plate content, colour88
118.Surrender of non‑reflective plates89
119.Number plate to be fixed on vehicle90
120.Preventing effective identification of number plate91
121.No painting or interfering with number plates94
122.Seizure of number plates94
123.Restriction on manufacture, sale or supply of imitation plates95
124.Seizure and disposal of imitation plates95
Division 3 — Name plates, special plates and reserved plates
125.Name plates or special plates not for certain vehicles96
126.Special plate content and colour96
127.Name plate content and colour97
128.Disposal of right to display special plates97
128A.Reserved plates97
129.Right to display special plates, name plates, reserved plates98
130.Fees for transfer of right to display special plates, name plates, reserved plates99
131.Retention of special plates, name plates, reserved plates by CEO101
Division 4 — Trade plates for unlicensed vehicles
132.Who may be issued trade plates101
133.Trade plate content, colour102
134.Fees for trade plates102
135.Replacement of lost, stolen, dilapidated, damaged trade plates103
136.Labels for trade plates104
137.Vehicle standards and requirements for use of trade plates105
138.Purposes of use of vehicle with trade plates107
139.Trade plate to be fixed on vehicle109
140.Seizure of trade plates109
Part 5 — Vehicle and engine identification numbers
141.Vehicle identification number110
142.Engine identification number110
Part 7 — Written‑Off Vehicle Register
Division 1 — Preliminary
146.Terms used113
147.Total loss vehicles114
148.Written‑off vehicles115
149.Notifiable vehicles115
150.Statutory write‑offs115
151.Repairable write‑offs116
Division 2 — Dealing with notifiable vehicles
152.Notification and marking of write‑offs116
153.Written‑off vehicle notices117
154.Written‑off warning labels118
155.Marking over vehicle identifiers of statutory write‑offs119
Division 3 — Registration of written‑off vehicles
156.Written‑Off Vehicle Register119
157.WOVR to include particulars of notifiable vehicles119
158.Cancellation of entry in WOVR120
158A.WOVR to include information relating to certain NSW written‑off heavy vehicles120
158B.Cancellation of entry in WOVR of certain repaired and registered NSW written‑off heavy vehicles121
Part 8 — Mass, dimension and loading requirements
Division 1 — Mass requirements
Subdivision 1 — General
159.Mass requirements122
160.Mass requirements for all single vehicles122
161.Complying buses122
162.Declaring buses to be complying buses123
Subdivision 2 — Heavy vehicles
163.Mass limits for heavy vehicle tyres124
164.Mass limits for heavy vehicle wheels and axles124
165.Mass limits relating to heavy vehicle axle spacing128
166.Mass limits for combinations131
Subdivision 3 — Light vehicles
167.Maximum loaded mass of light vehicles132
168.Loaded mass of light trailers133
Division 2 — Dimension requirements
169.Dimension requirements134
170.Dimension requirements for all vehicles134
171.Width of certain vehicles134
172.Length of motor vehicles135
173.Length of trailers135
174.Length of combinations136
175.Rear overhang137
176.Trailer drawbar length138
177.Height of certain vehicles138
178.Ground clearance of certain motor vehicles139
179.Heavy vehicle size limits140
180.Front and side projections of heavy vehicles141
181.Warning signals for loads projecting to rear of heavy vehicles142
182.Size and projection of loads of light vehicles143
183.Warning signals for loads of light vehicles143
184.Dangerous projection requirement for categories of breach144
185.Warning requirements for categories of breach144
Division 3 — Loading requirements
186.Loading requirements144
187.Placement and securing of loads144
Division 4 — Exemption from mass, dimension or loading requirements in emergency areas
188.Exemptions from mass, dimension or loading requirements in emergency areas145
189.Notification and reconsideration of emergency area exemption decisions146
Division 5 — Modification of mass or dimension requirements for certain vehicles
190.Terms used146
191.Vehicles for which mass or dimension requirements may be modified147
192.Heavy vehicles that require accredited person before mass or dimension requirement can be modified147
193.Applications for permits to modify mass or dimension requirement148
194.Permits for transportation of grain to bulk handler148
195.Additional content of orders, permits148
196.Applications for variation of modification of mass or dimension requirement149
197.Fees for application for permit, variation149
198.Variation of modification of a mass or dimension requirement on volition of Commissioner150
199.Suspension, cancellation of modification of a mass or dimension requirement151
200.Driver of pilot, escort vehicle to comply with order or permit151
201.Notification and reconsideration of mass or dimension requirement decisions152
Division 6 — Access restrictions on certain vehicles that comply with mass or dimension requirements
202.Terms used152
203.Complying restricted access vehicles152
204.Heavy vehicles that require accredited person before access approval can be given153
205.Applications for access approval by permit154
206.Additional content of orders, permits154
207.Applications for variation of access approvals154
208.Fees for application for permit, variation154
209.Variation of access approval on volition of Commissioner155
210.Suspension, cancellation of access approvals155
211.Notification and reconsideration of access approval decisions156
Division 7 — Accreditation
212.Term used: accredited156
213.Who may be accredited156
214.Standards for ensuring, demonstrating compliance with mass, dimension or loading requirements157
215.Applications for accreditation157
216.Accrediting persons on application157
217.Applications for renewal of accreditation158
218.Fees for application for accreditation, renewal158
219.Applications for variation of accreditation158
220.Accreditation duration, certificates158
221.Suspension, cancellation of accreditation159
222.Notification and reconsideration of accreditation decisions159
Part 9 — Miscellaneous prescribed matters
223.Receivers: transport documentation160
224.Previous convictions of MDLR offences under provisions of corresponding law160
225.Fee for substitution of vehicle for omnibus160
Part 10 — Standards and requirements for motor vehicles, trailers and combinations
Division 1 — Preliminary
226.Terms used161
227.Declaration of vehicles as emergency, transport enforcement vehicles163
Division 2 — Application
228.Application163
229.Non‑application of this Part: exemptions164
230.Non‑application of this Part: inconsistent ADR requirements164
231.Non‑application of this Part: approvals under Commonwealth legislation165
Division 3 — Offences and penalties
232.Motor vehicles, trailers and combinations to comply with applicable standards and requirements166
233.Certain movement of defective vehicles permitted166
234.Tampering with a speed limiting device167
235.Alteration of vehicles167
Division 4 — Compliance with Australian Design Rules and adopted standards
236.Compliance with second edition ADRs170
237.Interpretation of certain second edition ADRs171
238.Compliance with third edition ADRs173
239.Exception to compliance with ADRs: vehicles that are not road vehicles174
240.Exception to compliance with ADRs: approvals under Commonwealth legislation174
240A.Vehicles satisfying an entry pathway under Road Vehicle Standards Act 2018 (Commonwealth)176
241.Partial exception to compliance with ADRs: personally imported vehicles176
242.Exception to compliance with adopted standards178
Division 5 — General safety requirements
243.Motor vehicles and trailers to be properly maintained178
244.Motor vehicle steering179
245.Motor vehicle turning ability180
246.Motor vehicles to travel backwards and forwards180
247.Protrusions to certain vehicles180
248.Motor vehicle view and controls180
249.Seating181
250.Mudguards and spray suppression for certain vehicles181
251.Motor vehicle horns, alarms182
252.Motor vehicle rear vision mirrors183
253.Surfaces of rear vision mirrors184
254.Motor vehicle automatic transmission184
255.Motor vehicle diesel engines185
256.Motor vehicle bonnet securing devices185
257.Electrical wiring, connections and installations in various vehicles185
258.Motor vehicle TVs, VDUs186
258A.Motor vehicle windscreen to be fitted187
259.Motor vehicle windscreens and windows187
260.Motor vehicle window tinting188
261.Motor vehicle windscreen wipers and washers190
262.Size and capacity of wheels and tyres of certain vehicles191
263.Pneumatic tyres for certain vehicles191
264.Pneumatic tyres for vehicles191
265.Tyres for use on heavy vehicles191
266.Size and capacity of pneumatic tyres of certain vehicles192
267.Tyres defects of certain vehicles192
268.Manufacturer’s rating for motor vehicle tyres192
269.Retreads for certain vehicles193
270.Tyre treads for certain vehicles194
271.Motor cycle steering gear and handlebars195
272.Motor cycle foot rests196
273.Motor cycle chain guards196
Division 6 — Vehicle marking
274.Identification numbers for vehicle and engine196
275.White or silver band on certain vehicles197
276.Warning signs for certain combinations198
277.Specifications for warning signs for certain combinations198
278.Warning signs not to be displayed on other vehicles200
279.Left‑hand drive signs200
Division 7 — Vehicle configuration
280.Axle configuration for various vehicles201
281.Relation between axles in axle group for heavy vehicles202
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 night203
283.Prevention of glare203
284.Pairs of lights203
285.Certain vehicles not required to have lights or reflectors204
Subdivision 2 — Headlights
286.Motor vehicle headlights to be fitted204
287.Motor vehicle headlights — how fitted205
288.Motor vehicle single headlights — how fitted206
289.Motor vehicle additional headlights — how fitted206
290.Performance of headlights206
291.Effective range of headlights206
292.Changing headlights from high‑beam to low‑beam position for motor vehicles207
Subdivision 3 — Parking lights
293.Motor vehicle parking lights207
Subdivision 4 — Daytime running lights
294.Daytime running lights for certain vehicles209
Subdivision 5 — Tail lights
295.Tail lights for various vehicles210
296.Pattern of fitting tail lights to certain vehicles211
297.Performance of tail lights of various vehicles212
298.Motor vehicle tail light wiring212
Subdivision 6 — Number plate lights
299.Number plate lights for certain vehicles212
Subdivision 7 — Clearance lights
300.Front clearance lights for various vehicles213
301.External cabin lights213
302.Rear clearance lights for certain vehicles at least 1.8 m wide214
Subdivision 8 — Side marker lights
303.Side marker lights for various vehicles214
304.Location of side marker lights for various vehicles215
305.Performance of side marker lights for various vehicles217
306.Side marker lights may be rear clearance light in certain cases217
Subdivision 9 — Brake lights
307.Brake lights for various vehicles217
308.Performance and operation of brake lights of various vehicles219
Subdivision 10 — Reversing lights
309.Reversing lights220
Subdivision 11 — Direction indicator lights
310.Motor vehicle direction indicator lights220
311.Trailer direction indicator lights221
312.Location of direction indicator lights for various vehicles221
313.Operation and visibility of direction indicator lights for various vehicles222
Subdivision 12 — Fog lights
314.Front fog lights for certain motor vehicles224
315.Rear fog lights for certain vehicles225
Subdivision 13 — Interior lights
316.Interior lights for certain vehicles226
Subdivision 14 — Reflectors generally
317.General requirements for reflectors for certain vehicles226
Subdivision 15 — Rear reflectors
318.Rear reflectors for certain vehicles226
Subdivision 16 — Side reflectors
319.Compulsory and optional side reflectors on pole‑type trailers227
320.Optional side reflectors227
Subdivision 17 — Front reflectors
321.Compulsory and optional front reflectors on trailers228
322.Optional front reflectors for various vehicles228
Subdivision 18 — Warning lights and signs on buses carrying children
323.Term used: bus229
324.Fitting of warning lights and signs229
325.Operation and performance of warning lights230
326.Specifications for warning signs231
Subdivision 19 — Other lights, reflectors, rear marking plates or signals
327.Other lights and reflectors232
328.Rear marking plates for certain vehicles234
329.Signalling devices for certain motor vehicles235
330.Mechanical signalling devices235
331.Turn signals236
Division 9 — Braking systems
Subdivision 1 — Brake requirements for motor vehicles, trailers, combinations
332.Braking system materials, components for certain vehicles237
333.Provision for wear238
334.Supply of air or vacuum to brakes of certain vehicles238
335.Performance of braking systems of certain vehicles239
Subdivision 2 — Motor vehicle braking systems
336.Motor vehicle braking system requirements241
337.Operation of brakes on motor vehicles243
338.Air or vacuum brakes on motor vehicles243
Subdivision 3 — Trailer braking systems
339.Trailer braking system requirements244
340.Operation of brakes on trailers244
341.Air brakes or vacuum brakes on trailers245
Subdivision 4 — Additional brake requirements for B‑doubles and long road trains
342.Subdivision does not apply to certain road trains245
343.Braking system design for a prime mover in a B‑double245
344.Braking system design for motor vehicles in road trains246
345.Braking system design for trailers in B‑doubles or road trains246
346.Air brakes of motor vehicles in B‑doubles or road trains247
347.Air brakes in a B‑double or road train — least favoured chamber247
348.Recovery of air pressure for brakes in B‑doubles and road trains248
349.Air supply for brakes in B‑doubles and road trains249
350.Brake line couplings249
351.Simultaneous parking brake application249
352.Capacity of air reservoirs250
Division 10 — Vehicle emissions
Subdivision 1 — Crank case gases and visible emissions
353.Crank case gases of various motor vehicles250
354.Visible emissions of certain motor vehicles250
Subdivision 2 — Exhaust systems
355.Exhaust systems for various motor vehicles250
Subdivision 3 — Emission control systems
356.Emission control systems to be fitted and properly maintained253
Subdivision 4 — Noise emissions
357.Measurement of stationary noise levels254
357A.Meaning of certified to ADR 83/00254
358.Silencing device for exhaust systems255
358A.Application of regulations 359 to 361255
359.Stationary noise levels: car‑type vehicles and motor cycles and motor tricycles255
360.Stationary noise levels: other vehicles with spark ignition engines256
361.Stationary noise levels: other vehicles with diesel engines256
361A.Stationary noise levels: vehicles certified to ADR 83/00258
Division 11 — LPG fuel systems
362.LPG‑powered vehicles258
362A.Vehicles powered by natural gas259
Division 12 — Maximum road speed limiting
363.Speed limiting for certain heavy vehicles259
Division 13 — Mechanical connections between vehicles
Subdivision 1 — Coupling requirements for all motor vehicles, trailers and combinations
364.General coupling requirements260
365.Trailer connections260
366.Drawbar couplings260
Subdivision 2 — Additional coupling requirements for B‑doubles and long road trains
367.Various kingpins261
368.Couplings for B‑doubles and road trains262
369.Selection of fifth wheel couplings for B‑doubles and road trains262
370.D‑value of a fifth wheel coupling263
371.Mounting of fifth wheel couplings on B‑doubles and road trains263
372.Branding of fifth wheel couplings and turntables on B‑doubles and road trains263
373.Selection of kingpins for B‑doubles and road trains264
374.Attachment of kingpins on B‑doubles and road trains265
375.Branding of kingpins on B‑doubles and road trains265
376.Selection of couplings and drawbar eyes for road trains266
377.Attachment of couplings and drawbar eyes on road trains266
378.Branding of couplings and drawbar eyes on road trains266
379.Tow coupling overhang on road trains267
Division 14 — Omnibuses, illuminated signs, immobilisers, compliance plates
380.Passengers on omnibus with minimum 1.5 m interior height269
381.Passengers on omnibus with less than 1.5 m interior height270
382.Display of number of passengers permitted on omnibuses270
383.Omnibus standing positions and equipment270
384.Omnibus destination signs271
385.School bus exterior colours and signs271
386.First aid kit on non‑metropolitan omnibus272
387.Fitting of illuminated signs to certain vehicles272
388.Required immobilisers for certain motor vehicles273
389.Compliance plates275
Part 11 — Standards and requirements for animal drawn vehicles and bicycles
Division 1 — Animal drawn vehicles
390.Terms used276
391.Light visibility276
392.Compliance with standards and requirements276
393.Front and rear lights276
394.Rear reflectors277
395.Front clearance lamps278
396.Rear clearance lamps or reflectors278
397.Requirements in regard to reflectors279
398.Light on projecting load279
399.Dimension requirements for animal drawn vehicles and their loads280
400.Brakes280
Division 2 — Bicycles
401.Compliance with standards and requirements281
402.Brakes281
403.Bell281
404.Handlebar281
405.Rake and angle of front forks282
406.Dimension requirements for bicycles and their loads282
407.Child‑carrying seats282
Part 12 — Tow trucks and towed vehicles
Division 1 — Standards and requirements in respect of tow trucks
408.Compliance with standards and requirements283
409.General equipment283
410.Lights and warning devices284
411.Dimension requirements for tow trucks and their loads285
412.Cranes285
413.Crane operators286
414.Classification and limitation286
415.Lifting requirements287
416.Tow truck brakes288
417.Brakes of towed vehicle288
Division 2 — Authority to tow
418.Towing articulated vehicles289
419.Tow truck driver’s statement290
419A.Towing, salvage and storage fees292
420.Commissioner of Main Roads may authorise tow293
421.Extent of authority to tow or salvage294
422.Offences about towing295
Part 13 — Towed agricultural implements
Division 1 — Preliminary
423.Terms used296
424.Compliance with standards and requirements296
425.Gate to gate towing297
Division 2 — Standards and requirements in respect of towing and towed agricultural implements
426.Lighting equipment generally298
427.Positioning of lights and reflectors298
428.Stop lights299
429.Reflectors300
430.Rear lights300
431.Signalling lights301
432.Clearance lights301
433.Flashing amber light302
434.Safety of components and attachments302
435.Safety chains303
436.Portable warning signs304
437.Towed mass ratios304
438.Lighting for night towing304
439.Brakes305
440.Headlights305
441.Mirrors305
442.Warning flags305
443.Certain vehicles may be equipped with flashing amber light306
444.Warning signs for oversize agricultural combinations306
445.Communication devices308
446.Vehicles other than agricultural implements308
Division 3 — Other obligations in relation to towing and towed agricultural implements
447.Speed restrictions309
448.Movements of agricultural combinations in metropolitan region, during peak hours, on freeways309
449.Parking of agricultural combinations on a carriageway309
450.Convoys310
451.Limit on number of towed vehicles310
452.Permission for movement of excessively high agricultural combinations311
453.Permits for movement of excessively wide or long agricultural combinations311
454.Permits in relation to movements of agricultural combinations312
Part 13A — Pilot vehicles
Division 1 — Preliminary
454A.Terms used314
454B.Pilot vehicle must be driven by holder of heavy vehicle pilot licence or authorised person314
Division 2 — Licensing of pilots
Subdivision 1 — General matters
454C.Applying for a heavy vehicle pilot licence315
454D.Medical evidence316
454E.Competency evidence317
454F.Powers for dealing with applications for heavy vehicle pilot licence318
454G.Deciding applications for heavy vehicle pilot licence319
454H.Conditions of heavy vehicle pilot licence320
454I.Duration of heavy vehicle pilot licence321
454J.Form of heavy vehicle pilot licence321
454K.Heavy vehicle pilot licence not transferable321
454L.Heavy vehicle pilot licence may be surrendered321
454M.Lost heavy vehicle pilot licence may be replaced321
454N.Amending heavy vehicle pilot licence322
454O.Renewing heavy vehicle pilot licence323
Subdivision 2 — Suspending and cancelling heavy vehicle pilot licence
454P.Grounds for suspending or cancelling324
454Q.Procedure for suspending or cancelling heavy vehicle pilot licence325
454R.Suspension in urgent circumstances326
454S.Heavy vehicle pilot licence to be returned if cancelled or suspended326
454T.Suspension may be lifted327
Subdivision 3 — Duties of heavy vehicle pilot licence holder
454U.Duty to correct wrong information327
454V.Duty to notify Commissioner of Main Roads if no longer authorised to drive328
454W.Duty to notify Commissioner of Main Roads of medical impairment328
454X.Licence to be carried and produced on request329
454Y.Facilitating movement of oversize or over‑mass vehicle in accordance with order or permit329
454Z.Contravening condition of heavy vehicle pilot licence330
Subdivision 4 — Miscellaneous matters
454ZA.Register of heavy vehicle pilot licences330
454ZB.Notification and reconsideration of decisions under this Part331
454ZC.Transitional arrangements for accredited pilots331
Part 14 — Minister’s declarations and CEO’s exemptions
Division 1 — Preliminary
455.Terms used332
Division 2 — Minister’s declarations
456.Instigating action as to Ministerial declarations332
457.Minister’s declarations that specified regulations do not apply to specified persons or vehicles (s. 138)333
458.Variation of a declaration333
459.Revocation of declaration334
Division 3 — CEO’s exemptions from regulations about standards or other requirements in respect of vehicles
460.Term used: vehicle standard regulation334
461.Instigating action as to CEO exemptions334
462.CEO’s exemptions from specified provisions of vehicle standard regulations335
463.Variation of a CEO exemption337
464.Cancellation of CEO exemptions337
465.Variation or cancellation of CEO exemption in urgent circumstances338
466.Variation or cancellation of CEO exemption other than in urgent circumstances338
Division 4 — General provisions about Ministerial declarations and CEO exemptions
467.Applications339
468.Fees for applications339
469.Conditions on declarations, CEO exemptions340
470.Notification of Minister’s decisions340
471.Notification and reconsideration of CEO exemption decisions341
472.When decisions take effect341
473.Duration of declaration, CEO exemption342
474.Effect of declaration, CEO exemption342
475.Evidence of declarations, CEO exemption342
476.Driver to produce declaration, CEO exemption document to police officers342
477.Return of documents343
Part 15 — Notification and reconsideration of reviewable decisions
Division 1 — Reviewable decisions other than improvement notice reviewable decisions
478.Terms used344
479.Notification of reviewable decisions346
480.Reconsideration of reviewable decisions347
Division 2 — Improvement notices and notices of amendments to improvement notices
481.Terms used348
482.Content of improvement notices, notices of amendment of improvement notices349
483.Reconsideration of improvement notice reviewable decisions350
Part 16 — Transitional provisions relating to Road Traffic (Vehicles) Regulations 2014
484.Term used: commencement day351
485.Application for permits for unlicensed vehicles351
486.Permit documents351
487.Authorisations to carry goods other than stock351
488.Number plate non‑reflective film, cover351
491.Written‑off vehicles352
492.RAV notices or RAV permits to have effect as orders or permits by which mass or dimension requirements modified352
493.Class 2 notices or permits to have effect as orders or permits by which access approvals given353
494.Accreditation353
495.Emergency vehicles, transport enforcement vehicles354
496.Tow truck crane certificates354
497.Gate to gate towing354
498.Approval to use oversize agricultural combinations on metropolitan roads354
499.Permissions to move excessively high agricultural combinations355
500.Permits to move excessively wide or long agricultural combinations355
501.Permits to move agricultural combinations355
502.Agricultural implement exemptions355
503.SAT reviews of certain vehicle licensing decisions356
504.Ministerial exemptions357
505.Departmental exemptions357
506.Magistrates Court reviews of reconsidered decisions about departmental exemptions358
507.Certain vehicle standards approvals359
Part 17 — Transitional provision relating to Transport Regulations Amendment (Fees and Charges) Regulations 2019 Part 3 Division 2
508.Recording fees360
Part 18 — Transitional provision relating to Road Traffic (Vehicles) Amendment Regulations (No. 4) 2022
509.Renewal by direct debit361
Part 19 — Transitional provision relating to Road Traffic (Vehicles) Amendment Regulations (No. 2) 2022
510.Tow trucks licensed during transitional period taken to comply with regulations362
Notes
Compilation table363
Uncommenced provisions table366
Other notes367
Defined terms
Road Traffic (Vehicles) Act 2012
Road Traffic (Vehicles) Regulations 2014
These regulations are the Road Traffic (Vehicles) Regulations 2014.
These regulations come into operation on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b).
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;
Airservices Australia means the body established by the Air Services Act 1995 (Commonwealth) section 7(1);
Airservices Australia vehicle means a vehicle driven by any of the following persons in the course of the person’s duty to Airservices Australia —
(a)the Chief Executive Officer appointed under the Air Services Act 1995 (Commonwealth) section 34;
(b)a person appointed to act as the Chief Executive Officer under the Air Services Act 1995 (Commonwealth) section 41;
(c)a person employed under the Air Services Act 1995 (Commonwealth) section 42;
(d)a person engaged as a consultant under the Air Services Act 1995 (Commonwealth) section 43;
air storage tank, of a vehicle, means a tank fitted to the vehicle for storing compressed air;
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 Border Force has the meaning given in the Australian Border Force Act 2015 (Commonwealth) section 4(1);
Australian Border Force vehicle means a vehicle driven by an Immigration and Border Protection worker in the course of the worker’s duty to the Australian Border Force;
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 line, of an axle, means —
(a)for an axle consisting of 1 shaft — a line parallel to the length of the axle and passing through the centre of the axle; or
(b)for an axle consisting of 2 shafts — a line in the vertical plane passing through —
(i)the centres of both shafts; and
(ii)the centres of the wheels on the shafts;
centre line, of an axle group, means —
(a)if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle — a vertical line located one‑third of the way from the centre line of the axle with more tyres towards the centre line of the axle with fewer tyres; and
(b)in any other case — a line located midway between the centre lines of the outermost axles of the 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 each 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);
diesel engine means an engine that works on the compression‑ignition principle;
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;
electric rideable device has the meaning given in the Road Traffic Code 2000 regulation 3A;
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;
Immigration and Border Protection worker has the meaning given in the Australian Border Force Act 2015 (Commonwealth) section 4(1);
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), for a vehicle, means —
(a)the maximum permissible loaded mass of the vehicle as stated on the RAV for that vehicle; or
(b)if the maximum permissible loaded mass of the vehicle is not stated on the RAV — 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
(c)if the vehicle is not entered on the RAV and does not have 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 that —
(a)is designed so as not to be capable of a speed exceeding 50 km/h; and
(b)either —
(i)has an engine capacity not exceeding 50 cm3; or
(ii)is not powered by a piston engine;
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;
motorised scooter has the meaning given in the Road Traffic Code 2000 regulation 3(1);
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;
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;
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;
nearer side of the vehicle, in relation to a light or reflector fitted to a vehicle, means the side of the vehicle that is closest to where the light or reflector 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);
parking brake, of a vehicle, means the brake usually used to keep the vehicle stationary while the vehicle is parked;
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;
RAV means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 (Commonwealth) section 14(1);
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;
side marker light means a light fitted to the side of a vehicle indicating the presence and length of the vehicle when viewed on that side;
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;
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;
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);
vacuum storage tank, of a vehicle, means a tank fitted to the vehicle for storing air at low pressure;
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: Gazette 15 Nov 2016 p. 5063; 29 Mar 2019 p. 962‑4; SL 2021/37 r. 4; SL 2021/93 r. 9; SL 2021/81 r. 4; SL 2021/199 r. 8; SL 2022/149 r. 5.]
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.
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.
(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.Standards and requirements that do not apply to certain written‑off vehicles
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 under regulation 158; 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 to which paragraph (a) applies; or
(c)the vehicle is registered in the Written‑Off Vehicle Register under regulation 158A, and the registration has not been cancelled under regulation 158B; or
(d)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 to which paragraph (c) applies.
[Regulation 9 amended: SL 2022/16 r. 4.]
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.
(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
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.
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.
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; or
(e)a motorised scooter or electric rideable device.
[Regulation 15 amended: Gazette 24 Jun 2016 p. 2343; SL 2021/199 r. 9.]
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.
(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.Deleted: Gazette 18 Jun 2019 p. 2061.]
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.
A licence document must be in a form approved by the CEO.
(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.
(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 is a period elected by the applicant for the grant, being —
(a)a period of 1 year, 6 months or 3 months; or
(b)if the CEO so approves in a particular case — any period up to 1 year.
(1A)The period for which a vehicle licence, except a seasonal heavy vehicle licence, must be renewed is a period elected by the applicant for the renewal, being —
(a)a period of 1 year, 6 months or 3 months; or
(b)if regulation 31A applies to the licence holder in relation to renewal of the vehicle licence — a period of 1 month; or
(c)if the CEO so approves in a particular case — any period up to 1 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.
[Regulation 31 amended: SL 2022/149 r. 6.]
31A.Monthly renewal of vehicle licence
(1)In this regulation —
direct debit agreement means an agreement, in a form approved by the CEO, for the payment of a renewal charge by direct debit;
renewal charge, for the renewal of a vehicle licence, means the amount required to be paid under section 5(1)(b)(i) for the renewal of the vehicle licence.
(2)For the purposes of regulation 31(1A)(b), this regulation applies to a licence holder in relation to renewal of a vehicle licence if —
(a)the licence holder is not prohibited under subregulation (3) from monthly renewal of the vehicle licence; and
(b)the licence holder has elected to pay the renewal charge by direct debit from a bank account by submitting a direct debit request in a form approved by the CEO that contains the details of the bank account; and
(c)the licence holder has accepted the terms of the direct debit agreement; and
(d)neither the direct debit request nor the direct debit agreement have been cancelled or suspended in accordance with their terms; and
(e)the licence holder pays the renewal charge by direct debit in accordance with the direct debit request and the direct debit agreement; and
(f)if the vehicle licence is not currently for a period of 1 month pursuant to an election under regulation 31(1A)(b) — there are at least 27 clear days between the day on which the direct debit request is submitted and the day on which the licence is to expire; and
(g)the vehicle for which the renewal of a vehicle licence is sought is of a type approved by the CEO under subregulation (4).
(3)The CEO may, by written notice to the licence holder of a vehicle licence, prohibit the licence holder from monthly renewal of that vehicle licence.
(4)The CEO may approve, in writing, a type of vehicle for the purposes of subregulation (2)(g).
(5)The CEO must publish, on a website maintained by or on behalf of the department of the Public Service principally assisting in the administration of the Act, a list of the types of vehicles approved under subregulation (4).
[Regulation 31A inserted: SL 2022/149 r. 7.]
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.
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.
(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.
(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
In this Division —
permit means a permit under section 13(1).
(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, $6.80; 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)$25.80.
(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: Gazette 12 Jun 2015 p. 2037; 14 Jun 2016 p. 1996; 23 Jun 2017 p. 3268; 22 Jun 2018 p. 2191; 31 May 2019 p. 1724; SL 2020/74 r. 9; SL 2021/92 r. 20; SL 2023/43 r. 21.]
(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.
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.
48.Duplicate or certified copy of vehicle licence document
(1)The CEO must, on request, issue to the licence holder of a vehicle or, in the event of that person’s death, to the person’s executor, a duplicate or certified copy of the vehicle licence document for the vehicle.
(2)A fee of $6.90 is payable for the issue of the duplicate or certified copy if the request is made in person or by telephone.
[Regulation 48 inserted: SL 2022/67 r. 10; amended: SL 2023/43 r. 22.]
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.
(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
(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.
The charge for granting or renewing a vehicle licence for a vehicle is the charge specified for the vehicle in this Division.
[Regulation 53 amended: SL 2022/57 r. 5.]
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 one‑half 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 one‑quarter of the charge payable for that vehicle for a period of one year.
(4)Except as provided in subregulation (4A), the vehicle licence charge payable for a vehicle for any other period of less than one year is determined in accordance with this formula —
(4A)The vehicle licence charge payable for renewing a vehicle licence for a vehicle for a period of 1 month pursuant to an election under regulation 31(1A)(b) is one‑twelfth of the charge payable for that vehicle for a period of one year.
(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.
[Regulation 54 amended: SL 2022/149 r. 8.]
54A.Reduction if election made for 1 year grant or renewal
(1)If an application is made for the grant or renewal of a vehicle licence for a vehicle other than a heavy vehicle and an election is made under regulation 31(1) or (1A) for a 1 year grant or renewal of that licence, the charge for the grant or renewal is reduced by $6.60.
(2)A reduction under subregulation (1) is to be applied before any concession under these regulations.
[Regulation 54A inserted: SL 2022/57 r. 6; amended: SL 2022/149 r. 9.]
Subdivision 2 — Vehicle licence charges for vehicles other than heavy vehicles
This Subdivision applies to vehicles other than heavy vehicles.
[Regulation 55 amended: SL 2022/57 r. 7.]
[56.Deleted: SL 2022/57 r. 8.]
57.Car, bus, goods vehicle and motor home
For a car or bus, a goods vehicle or a motor home the charge is $13.20 plus $26.52 per 100 kg, or part of 100 kg, of tare, subject to a maximum charge of $546.00.
[Regulation 57 amended: Gazette 27 May 2015 p. 1865 and 1871; 27 May 2016 p. 1552; 26 May 2017 p. 2643; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2021/64 r. 5; SL 2022/57 r. 9; SL 2023/45 r. 27.]
For a prime mover the charge is $13.20 plus $26.52 per 100 kg, or part of 100 kg, of tare, subject to a maximum charge of $1 442.00.
[Regulation 58 amended: Gazette 27 May 2015 p. 1865 and 1871; 27 May 2016 p. 1552; 26 May 2017 p. 2643; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2021/64 r. 5; SL 2022/57 r. 10; SL 2023/45 r. 28.]
59.Trailer other than towed special purpose vehicle
For a trailer other than a towed special purpose vehicle the charge is $13.20 plus $13.26 per 100 kg, or part of 100 kg, of tare.
[Regulation 59 amended: Gazette 27 May 2015 p. 1866; 27 May 2016 p. 1552; 26 May 2017 p. 2643; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2021/64 r. 5; SL 2022/57 r. 11; SL 2023/45 r. 29.]
For a motor cycle the charge is $13.20 plus —
(a)$53.04 for a motor cycle that has a piston engine and an engine capacity that does not exceed 250 cm3; or
(b)$79.56 for a motor cycle that has a piston engine and an engine capacity that exceeds 250 cm3; or
(c)$53.04 for a motor cycle that does not have a piston engine and has a power to weight ratio that does not exceed 150 kW/t; or
(d)$79.56 for a motor cycle that does not have a piston engine and has a power to weight ratio that exceeds 150 kW/t.
[Regulation 60 inserted: SL 2023/45 r. 30.]
For a special purpose vehicle the charge is $13.20 plus $6.63 per 100 kg, or part of 100 kg, of the tare, subject to a maximum charge of $126.00.
[Regulation 61 amended: Gazette 27 May 2015 p. 1866; 27 May 2016 p. 1553; 26 May 2017 p. 2643; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2021/64 r. 5; SL 2022/57 r. 13; SL 2023/45 r. 31.]
Subdivision 3 — Vehicle licence charges for heavy vehicles
This Subdivision applies to heavy vehicles.
[Regulation 62 amended: SL 2022/57 r. 14.]
For a car or bus the charge is an amount corresponding to the licence class in the Table.
Table
|
Licence class |
Charge $ |
|
1B2 |
546 |
|
2B2 |
546 |
|
2B3 |
3 013 |
|
AB3 |
546 |
[Regulation 63 amended: Gazette 27 May 2015 p. 1867‑8; 26 May 2017 p. 2643; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2020/73 r. 5; SL 2021/64 r. 5; SL 2022/57 r. 15; SL 2023/45 r. 32.]
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 |
546 |
|
2R2 |
938 |
|
1R3 |
938 |
|
2R3 |
1 237 |
|
1R4 |
938 |
|
2R4 |
1 237 |
|
1R5 |
938 |
|
2R5 |
1 237 |
|
SR2 |
938 |
|
SR3 |
1 237 |
|
SR4 |
2 299 |
|
SR5 |
2 299 |
|
MR2 |
8 420 |
|
MR3 |
8 420 |
|
MR4 |
9 093 |
|
MR5 |
9 093 |
|
LR2 |
11 611 |
|
LR3 |
11 611 |
|
LR4 |
11 611 |
|
LR5 |
11 611 |
[Regulation 64 amended: Gazette 27 May 2015 p. 1868‑9; 26 May 2017 p. 2643-4; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2020/73 r. 5; SL 2021/64 r. 5; SL 2022/57 r. 16; SL 2023/45 r. 33.]
For a prime mover the charge is an amount corresponding to the licence class in the Table.
Table
|
Licence class |
Charge $ |
|
SP2 |
1 442 |
|
SP3 |
5 675 |
|
SP4 |
6 244 |
|
SP5 |
6 244 |
|
MC2 |
10 187 |
|
MC3 |
10 187 |
|
MC4 |
11 206 |
|
MC5 |
11 206 |
[Regulation 65 amended: Gazette 27 May 2015 p. 1869-70; 26 May 2017 p. 2643-4; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2020/73 r. 5; SL 2021/64 r. 5; SL 2022/57 r. 17; SL 2023/45 r. 34.]
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 $546.00 for every axle fitted.
[Regulation 66 amended: Gazette 27 May 2015 p. 1871; 26 May 2017 p. 2643-4; 25 May 2018 p. 1644; 17 May 2019 p. 1439; SL 2020/73 r. 5; SL 2021/64 r. 5; SL 2022/57 r. 18; SL 2023/45 r. 35.]
For a special purpose vehicle the charge is an amount corresponding to the licence class in the Table.
Table
|
Licence class |
Charge $ |
|
PSV |
126 |
|
TSV |
126 |
|
OSV2 |
443 |
|
OSV3 |
888 |
|
OSV4 |
1 332 |
|
OSV5 |
1 777 |
|
OSV6 |
2 221 |
|
OSV7 |
2 666 |
|
OSV8 |
3 110 |
|
OSV9 |
3 554 |
[Regulation 67 amended: Gazette 27 May 2015 p. 1870-1; 26 May 2017 p. 2643-4; 25 May 2018 p. 1645; 17 May 2019 p. 1439-40; SL 2020/73 r. 5; SL 2021/64 r. 5; SL 2022/57 r. 19; SL 2023/45 r. 36.]
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)is owned by a local government; or
(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: Gazette 7 Feb 2017 p. 1178 (disallowed: Gazette 30 Jun 2017 p. 3612 1).]
(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.
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.
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 charge 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.
[Regulation 82 amended: SL 2022/57 r. 20.]
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.
The vehicle licence charge that, but for this regulation, would be payable for a motor home is reduced by 50%.
[Regulation 84 amended: SL 2021/37 r. 5.]
(1)In this regulation —
approved motoring organisation means a body corporate approved under subregulation (4);
classic vehicle means a vehicle that is —
(a)a street rod vehicle; or
(b)a vehicle manufactured before 1990;
discount period means the period for which a reduced charge is paid;
financial member, of an approved motoring organisation, means a person who pays a membership fee to belong to the organisation;
motoring event means an event —
(a)held by an approved motoring organisation; or
(b)held by another person and approved by an approved motoring organisation;
reduced charge means a vehicle licence charge reduced in accordance with subregulation (2).
(2)The vehicle licence charge that, but for this regulation, would be payable for a classic vehicle is reduced by 75% if —
(a)the vehicle is a light vehicle; and
(b)the vehicle is owned by —
(i)an approved motoring organisation; or
(ii)a person who the CEO is satisfied will be a financial member of an approved motoring organisation for the duration of the discount period;
and
(c)the CEO is satisfied the vehicle will not be used —
(i)at motoring events on more than 60 days in a calendar year in which the whole or a part of the discount period occurs; and
(ii)for other purposes (including for testing, maintenance or repair) on more than 30 days in a calendar year in which the whole or a part of the discount period occurs.
(3)A classic vehicle is not used on a day for the purposes of subregulation (2)(c)(ii) if the vehicle is only driven by a repairer of the vehicle within a 5 km radius of the place where the vehicle is tested, maintained or repaired.
(4)The CEO may approve a body corporate as an approved motoring organisation if the CEO is satisfied that the body corporate’s operations include offering membership to persons who own classic vehicles.
(5)The CEO may approve a label to be displayed on a classic vehicle for which a reduced charge is paid.
(6)An owner of a classic vehicle who pays a reduced charge for the vehicle must ensure that, for the duration of the discount period, any label approved by the CEO under subregulation (5) is —
(a)displayed in a conspicuous place on the vehicle; and
(b)unobscured.
Penalty for this subregulation: a fine of 10 PU.
Modified penalty for this subregulation: 4 PU.
[Regulation 84A inserted: SL 2021/37 r. 6.]
(1)Subject to subregulation (3), only one reduction under this Subdivision is to be applied to the vehicle licence charge payable for a vehicle.
(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 charge that has been reduced under a regulation in this Subdivision, can be further reduced in accordance with regulation 84.
[Regulation 85 amended: SL 2021/37 r. 7; SL 2022/57 r. 21.]
Division 8 — Fees relating to vehicle licensing
Subdivision 1 — Vehicle examination fees
In this Subdivision —
initial examination, in relation to a school bus or tow truck, means an examination of the vehicle by the CEO for the purposes of the Act, if the vehicle —
(a)has not been licensed in this State; or
(b)has not been examined (other than at a first examination if a subsequent examination is required) as a school bus or tow truck in this State; or
(c)is a tow truck taken to comply with Part 12 Division 1 under regulation 510 that has not been examined (other than at a first examination if a subsequent examination is required) on or after 7 November 2023; or
(d)is required to be examined under a contract with the Authority (as defined in the Public Transport Authority Act 2003 section 3);
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;
other examination, in relation to a school bus or tow truck, means —
(a)an examination of the vehicle by the CEO for the purposes of the Act conducted for the purpose of renewing the vehicle licence; or
(b)any other examination of the vehicle by the CEO for the purposes of the Act that is not an initial examination;
region, in relation to a named region, means the region of that name described in the Regional Development Commissions Act 1993 Schedule 1;
school bus has the meaning given in regulation 226.
[Regulation 86 amended: SL 2023/43 r. 23.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
150.00 |
119.25 |
|
Heavy vehicle (that is not a school bus or tow truck) examined at an inspection station |
239.95 |
140.55 |
|
Heavy vehicle (that is not a school bus or tow truck) examined at a place other than an inspection station |
255.30 |
193.10 |
|
School bus or tow truck — initial examination |
313.30 |
140.55 |
|
School bus or tow truck — other examination |
266.00 |
140.55 |
|
All other vehicles |
187.90 |
124.00 |
[Regulation 87 amended: Gazette 12 Jun 2015 p. 2037; 14 Jun 2016 p. 1996; 23 Jun 2017 p. 3261; 22 Jun 2018 p. 2186; 31 May 2019 p. 1724; SL 2020/74 r. 9; SL 2021/92 r. 10; SL 2022/67 r. 11; SL 2023/43 r. 24.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
152.75 |
121.30 |
|
Heavy vehicle (that is not a school bus or tow truck) |
244.80 |
143.10 |
|
School bus or tow truck — initial examination |
319.85 |
143.10 |
|
School bus or tow truck — other examination |
271.45 |
143.10 |
|
All other vehicles |
191.55 |
126.20 |
[Regulation 88 amended: Gazette 12 Jun 2015 p. 2037; 14 Jun 2016 p. 1996-7; 23 Jun 2017 p. 3262; 22 Jun 2018 p. 2187; 31 May 2019 p. 1724; SL 2020/74 r. 9; SL 2021/92 r. 11; SL 2022/67 r. 12; SL 2023/43 r. 25.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
154.45 |
122.60 |
|
Heavy vehicle (that is not a school bus or tow truck) |
247.75 |
144.65 |
|
School bus or tow truck — initial examination |
323.80 |
144.65 |
|
School bus or tow truck — other examination |
274.75 |
144.65 |
|
All other vehicles |
193.75 |
127.50 |
[Regulation 89 amended: Gazette 12 Jun 2015 p. 2037‑8; 14 Jun 2016 p. 1997; 23 Jun 2017 p. 3262‑3; 22 Jun 2018 p. 2187; 31 May 2019 p. 1724; SL 2020/74 r. 9; SL 2021/92 r. 12; SL 2022/67 r. 13; SL 2023/43 r. 26.]
90.Fees for vehicle examination in the Great Southern 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 Great Southern region for the purposes of the Act.
Table
|
Vehicle |
First examination |
Subsequent examination |
|
Trailer without brakes, motor cycle, motor carrier |
150.95 |
119.95 |
|
Heavy vehicle (that is not a school bus or tow truck) |
241.65 |
141.45 |
|
School bus or tow truck — initial examination |
315.55 |
141.45 |
|
School bus or tow truck — other examination |
267.90 |
141.45 |
|
All other vehicles |
189.15 |
124.75 |
[Regulation 90 inserted: Gazette 22 Jun 2018 p. 2187‑8; amended: Gazette 31 May 2019 p. 1725; SL 2020/74 r. 9; SL 2021/92 r. 13; SL 2022/67 r. 14; SL 2023/43 r. 27.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
163.05 |
128.95 |
|
Heavy vehicle (that is not a school bus or tow truck) |
262.70 |
152.55 |
|
School bus or tow truck — initial examination |
343.95 |
152.55 |
|
School bus or tow truck — other examination |
291.55 |
152.55 |
|
All other vehicles |
205.00 |
134.20 |
[Regulation 91 amended: Gazette 12 Jun 2015 p. 2038; 14 Jun 2016 p. 1997; 23 Jun 2017 p. 3264; 22 Jun 2018 p. 2188; 31 May 2019 p. 1725; SL 2020/74 r. 9; SL 2021/92 r. 14; SL 2022/67 r. 15; SL 2023/43 r. 28.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
150.85 |
119.90 |
|
Heavy vehicle (that is not a school bus or tow truck) |
241.40 |
141.35 |
|
School bus or tow truck — initial examination |
315.30 |
141.35 |
|
School bus or tow truck — other examination |
267.65 |
141.35 |
|
All other vehicles |
189.00 |
124.65 |
[Regulation 92 amended: Gazette 12 Jun 2015 p. 2038; 14 Jun 2016 p. 1998; 23 Jun 2017 p. 3264‑5; 22 Jun 2018 p. 2188‑9; 31 May 2019 p. 1725; SL 2020/74 r. 9; SL 2021/92 r. 15; SL 2022/67 r. 16; SL 2023/43 r. 29.]
92A.Fees for vehicle examination in the Peel 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 Peel region for the purposes of the Act.
Table
|
Vehicle |
First examination |
Subsequent examination |
|
Trailer without brakes, motor cycle, motor carrier |
150.00 |
119.25 |
|
Heavy vehicle (that is not a school bus or tow truck) |
239.95 |
140.55 |
|
School bus or tow truck — initial examination |
313.30 |
140.55 |
|
School bus or tow truck — other examination |
266.00 |
140.55 |
|
All other vehicles |
187.90 |
124.00 |
[Regulation 92A inserted: Gazette 22 Jun 2018 p. 2189; amended: Gazette 31 May 2019 p. 1725; SL 2020/74 r. 9; SL 2021/92 r. 16; SL 2022/67 r. 17; SL 2023/43 r. 30.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
168.00 |
132.65 |
|
Heavy vehicle (that is not a school bus or tow truck) |
271.35 |
157.10 |
|
School bus or tow truck — initial examination |
355.60 |
157.10 |
|
School bus or tow truck — other examination |
301.25 |
157.10 |
|
All other vehicles |
211.50 |
138.10 |
[Regulation 93 amended: Gazette 12 Jun 2015 p. 2038; 14 Jun 2016 p. 1998; 23 Jun 2017 p. 3265; 22 Jun 2018 p. 2189‑90; 31 May 2019 p. 1725; SL 2020/74 r. 9; SL 2021/92 r. 17; SL 2022/67 r. 18; SL 2023/43 r. 31.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
150.00 |
119.25 |
|
Heavy vehicle (that is not a school bus or tow truck) |
239.95 |
140.55 |
|
School bus or tow truck — initial examination |
313.30 |
140.55 |
|
School bus or tow truck — other examination |
266.00 |
140.55 |
|
All other vehicles |
187.90 |
124.00 |
[Regulation 93A amended: Gazette 14 Jun 2016 p. 1994-5; 23 Jun 2017 p. 3266; 22 Jun 2018 p. 2190; 31 May 2019 p. 1725; SL 2020/74 r. 9; SL 2021/92 r. 18; SL 2022/67 r. 19; SL 2023/43 r. 32.]
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 |
|
Trailer without brakes, motor cycle, motor carrier |
150.60 |
119.70 |
|
Heavy vehicle (that is not a school bus or tow truck) |
241.00 |
141.10 |
|
School bus or tow truck — initial examination |
314.70 |
141.10 |
|
School bus or tow truck — other examination |
267.20 |
141.10 |
|
All other vehicles |
188.70 |
124.45 |
[Regulation 94 amended: Gazette 12 Jun 2015 p. 2038‑9; 14 Jun 2016 p. 1998; 23 Jun 2017 p. 3266‑7; 22 Jun 2018 p. 2190; 31 May 2019 p. 1725; SL 2020/74 r. 9; SL 2021/92 r. 19; SL 2022/67 r. 20; SL 2023/43 r. 33.]
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 |
133.45 |
|
Gascoyne region |
135.85 |
|
Goldfields‑Esperance region |
137.30 |
|
Great Southern region |
134.30 |
|
Kimberley region |
144.70 |
|
Mid West region |
134.20 |
|
Peel region |
133.45 |
|
Pilbara region |
148.95 |
|
South West region |
133.45 |
|
Wheatbelt region |
133.95 |
(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: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1995-6; 23 Jun 2017 p. 3267; 22 Jun 2018 p. 2191; 31 May 2019 p. 1726; SL 2020/74 r. 9; SL 2021/92 r. 20; SL 2022/67 r. 21; SL 2023/43 r. 34.]
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.Deleted: Gazette 22 Jun 2018 p. 2191.]
98.Fee payable by motor vehicle dealer or vehicle manufacturer licensing vehicle
(1)A fee of $13.30 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: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999; 23 Jun 2017 p. 3268; 31 May 2019 p. 1726; SL 2020/74 r. 9; SL 2021/92 r. 20.]
(1)Except as provided in subregulation (1A), a recording fee of $10.30 is payable in respect of the grant or renewal of a vehicle licence for a vehicle.
(1A)A recording fee of $2.00 is payable in respect of the renewal of a vehicle licence where the amount referred to in section 5(1)(b)(i) is paid by direct debit from a bank account.
[(2)deleted]
[Regulation 99 amended: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999; 22 Jun 2018 p. 2191; 17 May 2019 p. 1440; SL 2022/149 r. 10.]
A fee of $20.40 is payable in respect of the transfer of a vehicle licence.
[Regulation 100 amended: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999; 22 Jun 2018 p. 2191; 31 May 2019 p. 1726; SL 2020/74 r. 9; SL 2021/92 r. 20; SL 2022/67 r. 21; SL 2023/43 r. 35.]
101.Fee for issuing duplicate tax invoices for fees paid
A fee of $3.95 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: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999; 23 Jun 2017 p. 3268; 22 Jun 2018 p. 2191; 31 May 2019 p. 1726.]
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
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.
(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 $31.10.
[Regulation 107 amended: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999; 23 Jun 2017 p. 3268; 22 Jun 2018 p. 2191; 31 May 2019 p. 1726; SL 2020/74 r. 9; SL 2021/92 r. 20; SL 2023/43 r. 36.]
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.
In this Part —
authorised on‑demand rank or hail vehicle has the meaning given in the Transport (Road Passenger Services) Regulations 2020 regulation 3;
authorised passenger transport vehicle means a vehicle in relation to which a passenger transport vehicle authorisation is in force;
eligible vehicle means a licensed vehicle that is not —
(a)a vehicle with a seasonal heavy vehicle licence; or
(b)an authorised on‑demand rank or hail vehicle;
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);
on‑demand charter vehicle has the meaning given in the Transport (Road Passenger Services) Regulations 2020 regulation 3;
on‑demand rank or hail vehicle has the meaning given in the Transport (Road Passenger Services) Regulations 2020 regulation 3;
ordinary plate means a number plate issued by the CEO that is not a name plate, personalised plate, special plate or trade plate;
passenger transport service has the meaning given in the Transport (Road Passenger Services) Act 2018 section 4(1);
passenger transport vehicle has the meaning given in the Transport (Road Passenger Services) Act 2018 section 4(1);
passenger transport vehicle authorisation has the meaning given in the Transport (Road Passenger Services) Act 2018 section 4(1);
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;
reserved plate means an ordinary plate, exclusive display rights to which have been allocated under regulation 128A(1) or (2);
special plate means a special plate issued under regulation 125(1);
trade plate means a number plate of a kind mentioned in regulation 132.
[Regulation 109 amended: Gazette 26 Jun 2019 p. 2231; SL 2020/91 r. 14; SL 2021/206 r. 4.]
109A.Passenger transport vehicle authorisations
For the purposes of this Part, if the CEO is satisfied that a passenger transport vehicle authorisation will be granted for a vehicle within a reasonable period, the CEO may treat the vehicle as if that passenger transport vehicle authorisation were in force.
[Regulation 109A inserted: Gazette 26 Jun 2019 p. 2232.]
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)The CEO must provide and issue number plates for each authorised on‑demand rank or hail vehicle that identify the vehicle as an on‑demand rank or hail vehicle (whether by use of the word “taxi” or otherwise).
(2A)Number plates issued for an authorised passenger transport vehicle (other than an authorised on-demand rank or hail vehicle) may, but are not required to, identify the vehicle as a passenger transport vehicle or as a passenger transport vehicle that is used to provide a particular category of passenger transport service.
(2B)Number plates must not be issued identifying a vehicle as a passenger transport vehicle, or as a passenger transport vehicle that is used to provide a particular category of passenger transport service, unless —
(a)a passenger transport vehicle authorisation, or a passenger transport vehicle authorisation that authorises the vehicle to be operated for use in providing that category of passenger transport service, as the case requires, is in force in relation to the vehicle; or
(b)the vehicle is to be operated to replace a vehicle with an authorisation referred to in paragraph (a).
(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.
[Regulation 111 amended: Gazette 26 Jun 2019 p. 2232‑3.]
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), (ba), (bb), (bc), (d), (da), (db) or (g) applies — $31.10;
(b)for the issue of plates for an authorised on‑demand rank or hail vehicle or plates identifying a vehicle as an on‑demand charter vehicle — $31.10;
(ba)for the re‑issue of ordinary plates that have been returned under regulation 113(1), (2) or (3) except if paragraph (bb) or (bc) applies (other than plates to replace existing plates bearing the same characters) — $18.90;
(bb)for the re‑issue of plates that are issued under regulation 111(2) or that are taken under the Transport (Road Passenger Services) Regulations 2020 Part 13 Division 2 to be issued by the CEO under regulation 111(2) and that have been returned under regulation 113(1), (2) or (3) or 113A — $18.90;
(bc)for the re‑issue of plates identifying a vehicle as an on‑demand charter vehicle that are issued under regulation 111(1) or that are taken under the Transport (Road Passenger Services) Regulations 2020 Part 13 Division 2 to be plates identifying a vehicle as an on‑demand charter vehicle issued by the CEO under regulation 111(1) and that have been returned under regulation 113(1), (2) or (3) or 113A — $18.90;
(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 except if paragraph (da), (db) or (g) applies — $46.50;
(da)for the issue of plates to replace plates that are issued under regulation 111(2) or that are taken under the Transport (Road Passenger Services) Regulations 2020 Part 13 Division 2 to be issued by the CEO under regulation 111(2) — $46.50;
(db)for the issue of plates to replace plates identifying a vehicle as an on‑demand charter vehicle that are issued under regulation 111(1) or that are taken under the Transport (Road Passenger Services) Regulations 2020 Part 13 Division 2 to be plates identifying a vehicle as an on‑demand charter vehicle issued by the CEO under regulation 111(1) — $46.50;
(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 — $986.30;
(g)upon application for the issue of special plates, name plates or reserved plates to replace special plates, name plates or reserved plates bearing the same characters —
(i)for premium material plates — $264.20;
(ii)for standard metal plates — $130.50.
[Regulation 112 amended: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999; 23 Jun 2017 p. 3268; 22 Jun 2018 p. 2191‑2; 31 May 2019 p. 1726; 26 Jun 2019 p. 2233‑4; SL 2020/74 r. 9; SL 2020/91 r. 14; SL 2021/92 r. 20; SL 2021/206 r. 5; SL 2022/67 r. 21; SL 2023/43 r. 37.]
(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, or to replace reserved plates being used on a vehicle, unless the plates to be replaced 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, name plates or reserved 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.
[Regulation 113 amended: SL 2021/206 r. 6.]
113A.Return of number plates for passenger transport vehicles
(1)This regulation applies if —
(a)a number plate issued by the CEO identifies the vehicle as a passenger transport vehicle or as a passenger transport vehicle that is used to provide a particular category of passenger transport service; and
(b)the passenger transport vehicle authorisation for the vehicle, or the passenger transport vehicle authorisation that authorises the vehicle to be operated for use in providing that category of passenger transport service, as the case requires, ceases to be in force.
(2)The number plate must be returned to the CEO by the holder or previous holder of the passenger transport vehicle authorisation for the vehicle, or other person in possession of the vehicle, within 14 days after the authorisation ceases to be in force.
Penalty for this subregulation:
(a)for a first offence, a fine of 8 PU;
(b)for a subsequent offence, a fine of 16 PU.
Modified penalty for this subregulation: 4 PU.
(3)Subregulation (2) does not apply if, within the 14‑day period referred to in that subregulation, a passenger transport vehicle authorisation is issued for the vehicle that is consistent with the identification of the vehicle on the number plate.
(4)If the number plate was issued in reliance on regulation 109A, and the passenger transport vehicle authorisation referred to in that regulation has not been granted at the end of a reasonable period after the number plate was issued, this regulation applies as if the passenger transport vehicle authorisation ceased to be in force at the end of that period.
(5)This regulation does not limit regulation 113.
[Regulation 113A inserted: Gazette 26 Jun 2019 p. 2235‑6.]
114.Transfer of certain plates
(1)A person to whom a set of special plates or name plates has been issued or who has the exclusive right to display a set of reserved plates may, with the approval of the CEO, and on payment of a fee of $19.70, 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 $19.70, transfer those plates to another vehicle owned by the person or by a member of the person’s immediate family.
(3)The CEO must not approve the transfer of number plates that identify a vehicle as a passenger transport vehicle, or as a passenger transport vehicle that is used to provide a particular category of passenger transport service, unless —
(a)a passenger transport vehicle authorisation, or a passenger transport vehicle authorisation that authorises the vehicle to be operated for use in providing that category of passenger transport service, as the case requires, is in force in relation to the vehicle to which the number plates are proposed to be transferred; or
(b)the vehicle to which the number plates are proposed to be transferred is to be operated to replace a vehicle with an authorisation referred to in paragraph (a).
[Regulation 114 amended: Gazette 12 Jun 2015 p. 2039; 14 Jun 2016 p. 1999; 23 Jun 2017 p. 3268; 22 Jun 2018 p. 2192; 31 May 2019 p. 1726; 26 Jun 2019 p. 2236; SL 2020/74 r. 9; SL 2021/92 r. 20; SL 2021/206 r. 7; SL 2022/67 r. 21; SL 2023/43 r. 38.]
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 plate (other than a reserved 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.
(2A)Despite subregulation (2), if the stolen or lost number plate is a plate issued or taken to be issued under regulation 111(1) that identifies a vehicle as an on‑demand charter vehicle, or a plate issued or taken to be issued under regulation 111(2), 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 either bearing the same characters as those in the returned set or different characters, as the CEO thinks fit.
(3)If a stolen or lost number plate is from a set of —
(a)special plates; or
(b)name plates; or
(ba)reserved 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.
[Regulation 115 amended: Gazette 26 Jun 2019 p. 2237; SL 2021/206 r. 8.]
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 plates (other than reserved 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
(ba)reserved 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.
[Regulation 116 amended: SL 2021/206 r. 9.]
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: 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.
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, special plates and reserved plates
[Heading inserted: SL 2021/206 r. 10.]
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 a vehicle with a seasonal heavy vehicle licence.
(3)The CEO must not issue a special plate or a name plate for an authorised on‑demand rank or hail vehicle.
[Regulation 125 amended: Gazette 26 Jun 2019 p. 2237.]
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.
(1)If an ordinary plate is for the time being used on an eligible vehicle, the CEO may allocate the exclusive right to display the ordinary plate to the responsible person for that vehicle.
(2)If an ordinary plate is for the time being not used on a vehicle but has previously been used on an eligible vehicle, the CEO may allocate the exclusive right to display the ordinary plate to the person who, immediately before the plate last ceased to be used on an eligible vehicle, was the responsible person for that vehicle.
(3)With the authorisation of the Treasurer, the CEO may on behalf of the Crown in right of the State seek and receive payment in return for the allocation of an exclusive right under subregulation (1) or (2).
[Regulation 128A inserted: SL 2021/206 r. 11.]
129.Right to display special plates, name plates, reserved plates
(1)The CEO must issue to a person who is entitled to the right to display a special plate, a name plate or a reserved plate a certificate in a form approved by the CEO.
[(2)deleted]
(3)A person who is entitled to the right to display a special plate, a name plate or a reserved 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, a name plate or a reserved 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, a name plate or a reserved plate must —
(a)provide to the CEO the original instrument of transfer of the right to display the plate; and
(b)either —
(i)nominate an eligible vehicle on which the plate is to be used as a number plate; or
(ii)request the CEO to retain the plate under regulation 131;
and
(c)pay to the CEO the relevant fee under regulation 130 and, if applicable, regulation 131.
(7)The CEO must, if subregulation (6) is complied with, issue to the buyer of the right to display a special plate, a name plate or a reserved plate —
(a)a certificate evidencing the right; and
[(b)deleted]
(c)the plates, unless retained under regulation 131.
[Regulation 129 amended: SL 2021/206 r. 12.]
130.Fees for transfer of right to display special plates, name plates, reserved plates
(1)These fees are payable for the transfer of the right to display a special plate —
(a)single digit numeral special plates — $11 665.70;
(b)2 digit numeral special plates — $2 334.20;
(c)3 digit numeral special plates — $1 161.50;
(d)any other number of digit special plates — $231.80;
(e)unique series special plates referred to in regulation 126(b) — $2 334.20;
(f)unique series special plates referred to in regulation 126(c) — $101.10.
(1A)The fee payable for the transfer of the right to display a reserved plate is $96.60.
(2)The fee payable for the transfer of the right to display a name plate is $582.40.
(3)Despite subregulations (1), (1A) and (2), the fee payable for the transfer of the right to display a special plate, a name plate or a reserved plate —
(a)under an agreement or order under the Family Law Act 1975 (Commonwealth) or the Family Court Act 1997, is $23.50; or
(b)to a beneficiary by a trustee or other person in a fiduciary capacity under a trust whether express or implied, is $23.50.
(4)If —
(a)the right to display a special plate, a name plate or a reserved 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 plate is to be taken to have been transferred and the CEO must require the owner of the right to display the plate to pay the relevant fee under subregulation (1), (1A), (2) or (3) in respect of the transfer.
[Regulation 130 amended: Gazette 12 Jun 2015 p. 2039‑40; 14 Jun 2016 p. 1999-2000; 23 Jun 2017 p. 3268‑9; 22 Jun 2018 p. 2192; 31 May 2019 p. 1726; SL 2020/74 r. 9; SL 2021/92 r. 20; SL 2021/206 r. 13; SL 2022/67 r. 21; SL 2023/43 r. 39.]
131.Retention of special plates, name plates, reserved plates by CEO
(1)If the person who is entitled to the right to display a special plate, a name plate or a reserved plate on a vehicle does not nominate an eligible 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 plate retained by the CEO under subregulation (1).
(3)If the fee due under subregulation (2) remains unpaid 3 years after the plate is accepted for storage by the CEO —
(a)the person’s right to display the plate ceases; and
(b)the CEO must give written notice of the cessation to the person by sending it to the address most recently notified by the person to the CEO.
(4)A failure by the CEO to give notice under subregulation (3)(b) does not preserve or revive a person’s right to display a plate.
[Regulation 131 amended: SL 2021/206 r. 14.]
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.
(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)$28.00 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 $45.80 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: Gazette 12 Jun 2015 p. 2040; 14 Jun 2016 p. 2000; 23 Jun 2017 p. 3268‑9; 22 Jun 2018 p. 2192; 31 May 2019 p. 1726; SL 2020/74 r. 9; SL 2021/92 r. 20; SL 2022/67 r. 21; SL 2023/43 r. 40.]
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.
(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 cannot be licensed as of Class A under regulation 34 because it does not have a compliance plate fitted to it or it is not entered on the RAV, 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).
[Regulation 137 amended: SL 2021/81 r. 5.]
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.
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: Gazette 24 Jun 2016 p. 2343.]
Part 7 — Written‑Off Vehicle Register
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.
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.
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.
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.
(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.
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
(1A)This regulation does not apply to an entry in the WOVR made under regulation 158A(3).
(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.
[Regulation 158 amended: SL 2022/16 r. 5.]
158A.WOVR to include information relating to certain NSW written‑off heavy vehicles
(1)In this regulation —
relevant information means information of the kind listed in regulation 153.
(2)This regulation applies to a vehicle if the CEO is satisfied that the vehicle is recorded in the register of written‑off heavy vehicles (the NSW WOHVR) —
(a)under the Road Transport Act 2013 (NSW) section 104B(1)(a) as a statutory written‑off heavy vehicle; or
(b)under the Road Transport Act 2013 (NSW) section 104B(1)(b) as a repairable written‑off heavy vehicle.
(3)The CEO must register the vehicle by entering in the WOVR any relevant information that is available for the vehicle in the NSW WOHVR.
[Regulation 158A inserted: SL 2022/16 r. 6.]
158B.Cancellation of entry in WOVR of certain repaired and registered NSW written‑off heavy vehicles
(1)This regulation applies if —
(a)the CEO entered in the WOVR information relating to a vehicle under regulation 158A(3) because the vehicle was recorded in the register of written‑off heavy vehicles under the Road Transport Act 2013 (NSW) section 104B(1)(b) as a repairable written‑off heavy vehicle; and
(b)the CEO is satisfied that the vehicle is recorded in the register of written‑off heavy vehicles under the Road Transport Act 2013 (NSW) section 104B(1)(c) as an inspected written‑off heavy vehicle.
(2)The CEO must cancel the entry in the WOVR in respect of the inspected written‑off heavy vehicle.
[Regulation 158B inserted: SL 2022/16 r. 6.]
Part 8 — Mass, dimension and loading requirements
Division 1 — 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.
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
(aa)with 2 or 3 axles and a single steer axle that —
(i)is entered on the RAV as having been manufactured during or after July 1994; and
(ii)is equipped with an approved air suspension system;
or
(b)that is the subject of a declaration under regulation 162 or a corresponding law.
[Regulation 161 amended: SL 2021/81 r. 6.]
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; or
(c)is not entered on the RAV as having been manufactured during or after 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.
[Regulation 162 amended: SL 2021/81 r. 7.]
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 |
|
|
(c)any other vehicle |
9.0 |
|
Twinsteer axle groups |
|
|
Twinsteer axle group without a load‑sharing suspension system |
|
|
Twinsteer axle group with a load‑sharing suspension system |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
Quad‑axle groups |
|
|
Quad‑axle group fitted with single tyres with section width of less than 375 mm |
|
|
Quad‑axle group fitted with single tyres with section width of at least 375 mm or dual tyres |
|
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 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 |
|
|
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
(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.
(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.
(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.
(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.
(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.
(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 line of the front axle and the rear overhang line; and
(b)3.7 m.
[Regulation 175 amended: Gazette 29 Mar 2019 p. 964.]
(1)The distance between the coupling pivot point on the drawbar of a dog trailer, and the centre line 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 line 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.
[Regulation 176 amended: Gazette 29 Mar 2019 p. 964.]
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 the midpoint between adjacent axles — at least one‑thirtieth of the distance between the centre lines of the axles; 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
[Regulation 178 amended: Gazette 29 Mar 2019 p. 964.]
(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.
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 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
(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
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
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 t