Road Transport (Vehicle Registration) Regulation 1998

Chapter 1 Preliminary

1 Name of Regulation

This Regulation is the Road Transport (Vehicle Registration) Regulation 1998.

2 Commencement

This Regulation commences on 29 June 1998.

3 Definitions

Expressions used in this Regulation (or in any particular provision of this Regulation) that are defined in the Dictionary at the end of the Regulation have the meanings set out in the Dictionary.

Note—

The following expressions are defined in section 4 of the Act:

Authority	registered operator
defective registrable vehicle	registrable vehicle
garage address	residential address
GCM (gross combination mass)	road
GVM (gross vehicle mass)	road related area
heavy vehicle	trader’s plate
jurisdiction	trailer
light rail vehicle	unregistered vehicle permit
motor vehicle	use
premises	vehicle
Register	vehicle standard
registered

4 Application of Act and Regulation

Schedule 1 has effect.

5 Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

Chapter 2 Registration process

Part 1 Eligibility for registration

6 Registered operator of registrable vehicle

(1)  A person is eligible to be a registered operator of a registrable vehicle if that person is:

(a)  a natural person who has attained the requisite age, or

(b)  a corporation.

(2)  Despite subclause (1), the Authority may record in the Register that a person is a registered operator of a registrable vehicle even though the person has not attained the requisite age if it is satisfied that it is appropriate to do so. Any such person is, for the purposes of this Regulation (including renewal of registration), taken to have been eligible to be a registered operator of the vehicle.

(3)  In this clause, requisite age means:

(a)  in the case of a heavy vehicle—18 years of age, or

(b)  in the case of a light vehicle—16 years of age.

7 Eligible vehicles

(1)  A registrable vehicle is eligible to be registered without conditions if:

(a)  the vehicle complies with the applicable vehicle standards for the vehicle, and

(b)  the requirements of any applicable third party insurance legislation and stamp duty legislation are complied with in respect of the vehicle, and

(c)  the vehicle is owned by, or is under the management of, a person who is eligible to be a registered operator of the vehicle.

(2)  Despite subclause (1), the Authority may refuse to register a registrable vehicle if the Authority is satisfied that:

(a)  the vehicle has been registered in another State or a Territory, and

(b)  the registration in that State or Territory has been cancelled or suspended, and

(c)  the reasons for the cancellation or suspension still exist.

Part 2 Applications for registration

8 Who may apply for registration?

(1)  Application for registration of a registrable vehicle may be made by:

(a)  a natural person who is eligible to be a registered operator of a registrable vehicle, or

(b)  an agent of:

(i)  a natural person who is eligible to be a registered operator of that vehicle, or

(ii)  a corporation.

(2)  If it appears to the Authority that an application for registration of a registrable vehicle is made by an agent, the Authority must not grant the application unless the agent produces:

(a)  evidence of the agent’s identity in a form acceptable to the Authority, and

(b)  a document evidencing the authority of the agent to act as agent of the natural person or corporation seeking registration as a registered operator.

(3)  If more than one natural person is seeking registration as a registered operator of the same light vehicle, any one of those persons may make an application under this clause on behalf of all the persons seeking registration if the Authority is satisfied that the person has the consent of the other persons to make the application on their behalf.

(4)  If more than one natural person or corporation is seeking registration as a registered operator of a light vehicle through an application made by an agent:

(a)  only one agent can act on behalf of all of the natural persons or corporations seeking registration, and

(b)  the agent must produce a document referred to in subclause (2) (b) from each of the natural persons or corporations.

Note—

Clause 89 makes provision for the respective rights, liabilities and obligations of multiple registered operators of the one registrable vehicle.

(5)  Nothing in this Regulation authorises more than one person to be recorded, or apply to be recorded, as a registered operator of a heavy vehicle.

9 Form of application

(1)  An application for registration of a registrable vehicle must be in a form approved by the Authority.

(2)  The Authority may require the applicant to provide to the Authority information about:

(a)  the identity and residential address of each natural person or corporation seeking registration (or on whose behalf an agent is seeking registration) as a registered operator of the registrable vehicle, and

(b)  an address for the service of notices, and

(c)  the proposed garage address of the vehicle, and

(d)  fees, premiums, imposts and similar amounts relating to the vehicle under third party insurance legislation and stamp duty legislation that have been paid or that are payable, and

(e)  any other matter relevant to the decision whether to register the vehicle or to record a natural person or corporation on the Register as a registered operator of the vehicle.

Note—

Section 4 of the Act defines residential address, in relation to a company or other body corporate, to mean its registered office or any place recorded in the Register as its residential address or business address.

10 Supporting evidence

The Authority may request an applicant for registration of a registrable vehicle to submit evidence, in a form approved to the Authority, verifying:

(a)  the identity of any person seeking registration as a registered operator of the vehicle, and

(b)  the means by which the vehicle came into the ownership, or under the management, of that person, and

(c)  the proposed garage address of the vehicle, and

(d)  that the vehicle complies with the applicable vehicle standards for the vehicle, and

(e)  the acceptability of non-standard or non-complying vehicles, and

(f)  any other information specified by the Authority in the application form.

11 Lodgment of application, supporting evidence and payment

(1)  An applicant for registration of a registrable vehicle must submit to the Authority:

(a)  the application for registration, and

(b)  any supporting evidence required by the Authority, and

(c)  payment or evidence of payment of any applicable fees, premiums, imposts and similar amounts relating to the vehicle under third party insurance legislation and stamp duty legislation and the registration charge applicable to the vehicle and the applicable scheduled fee for registration of the vehicle.

(2)  In addition to any applicable scheduled fee for the registration of the vehicle, the applicant must also submit to the Authority payment of any applicable gazetted fee for the issue of number-plates.

(3)  An eligible pensioner is not required to pay any applicable scheduled fee or applicable gazetted fee for the registration of a vehicle or the issue of a number-plate.

(4)  An applicant is not required to pay any applicable gazetted fee if the Authority is of the opinion that:

(a)  the applicant was the registered operator of a registrable vehicle that was destroyed or rendered beyond repair as a consequence of damage caused to the vehicle by an occurrence that gave rise to an emergency, and

(b)  the vehicle to which the application relates is a replacement for the damaged vehicle, and

(c)  in the circumstances of the case it would be inappropriate to require payment of the fee.

(5)  In this clause:

emergency has the same meaning as it has in the State Emergency and Rescue Management Act 1989.

Note—

“emergency” is defined in the State Emergency and Rescue Management Act 1989 to mean an emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, accident, epidemic or warlike action) which:

(a)  endangers, or threatens to endanger, the safety or health of persons in the State, or

(b)  destroys or damages, or threatens to destroy or damage, property in the State,

being an emergency which requires a significant and co-ordinated response.

cl 11: Am 28.5.1999; 26.11.1999.

12 Duration of registration

(1)  Subject to subclauses (2) (b) and (3):

(a)  a heavy vehicle may be registered for any of the following periods:

(i)  3 months, or

(ii)  6 months, or

(iii)  one year, and

(b)  a light vehicle may be registered for one year.

(2)  An applicant for registration of a registrable vehicle must:

(a)  nominate an appropriate period specified in subclause (1), or

(b)  if seeking to register a seasonal vehicle—nominate the period for which registration is sought.

(3)  An applicant may nominate, and the Authority may approve, a different period of registration for any heavy vehicle or light vehicle than that referred to in subclause (1) if:

(a)  the Authority considers that it is necessary to do so to achieve a common registration expiry date for vehicles in a fleet, or

(b)  the Authority considers it appropriate to do so in the circumstances.

13 Determination of applications

(1)  The Authority may refuse an application for registration of a registrable vehicle if:

(a)  the vehicle is not an eligible vehicle, or

(b)  a provision of this Regulation prevents approval of the application, or

(c)  the applicant has not complied with a provision of the Act or this Regulation in relation to the registration of the vehicle (including any requirement to submit or pay any fee), or

(d)  the Authority reasonably believes that:

(i)  the vehicle or a part of the vehicle is or may be stolen, or

(ii)  information given in the application for registration is false or misleading, or

(iii)  there are unpaid fines or pecuniary penalties arising out of the use of the vehicle in Australia, or

(iv)  the vehicle is being used for an unlawful purpose, or

(e)  the Authority is not satisfied that the vehicle’s garage address is in this State, or

(f)  the applicant fails to comply with the requirements of or under a law in force in this State relating to certificates of roadworthiness for, or inspection of, registrable vehicles, or

(g)  the Authority is, for any reason whatever, of the opinion that the applicant is not a fit and proper person to be the holder of the registration for the vehicle.

(2)  If the Authority approves an application, it must register the registrable vehicle in the name of each person seeking registration (or on whose behalf registration is sought) as a registered operator.

14 Conditional registration

(1)  The Authority may register a registrable vehicle conditionally if:

(a)  the vehicle does not comply with an applicable vehicle standard for the vehicle, or

(b)  the Authority considers it appropriate for some other reason to register the vehicle conditionally.

(2)  The Authority may refuse to register a registrable vehicle conditionally under subclause (1) (a) if the vehicle does not bear an operations plate or identification plate relating to the vehicle, or a certificate of approved operations has not been issued or accepted by the Authority in respect of the vehicle.

(3)  In determining the conditions to be imposed on the registration of a registrable vehicle that does not comply with an applicable vehicle standard for the vehicle, the Authority must take into account the nature and extent of any failure of the vehicle to meet the requirements of the applicable vehicle standards for the vehicle.

(4)  The Authority may at any time vary any conditions that it imposes on the registration of a registrable vehicle.

(5)  The Authority must notify a registered operator in writing of the conditions, or any variation of the conditions, applicable to the conditional registration of a registrable vehicle. Any such conditions or variation of conditions have effect only on the notification of the registered operator.

Part 3 The Register

15 Maintenance of the Register

(1) General matters to be recorded in respect of vehicle If the Authority registers a registrable vehicle it must record in the Register, in respect of the vehicle:

(a)  the name of the person who owns or manages the vehicle, and

(b)  the identification details of the vehicle, and

(c)  the vehicle’s garage address, and

(d)  each registered operator’s name, residential address, and the address for the service of notices (if any), and

(e)  the expiry date of the registration, and

(f)  if the vehicle is conditionally registered—the conditions of registration, and

(g)  the vehicle’s GVM (if applicable to the vehicle concerned), and

(h)  the vehicle’s GCM (if applicable to the vehicle concerned), and

(i)  in the case of a heavy vehicle—the vehicle’s nominated configuration, and

(j)  the name, if appropriate, of any insurer providing third party insurance in respect of the vehicle.

Note—

Section 4 of the Act defines residential address, in relation to a company or other body corporate, to mean its registered office or any place recorded in the Register as its residential address or business address.

(2) Other matters that may be recorded The Authority may record in the Register other information for:

(a)  the purposes of the Act and this Regulation, or

(b)  the purposes of another Act, or

(c)  other purposes that the Authority considers to be appropriate.

Note—

See, for example, clauses 44 (5) and 78 (1).

(3) Changes in description or configuration to be recorded The Authority must record in the Register any change in the registrable vehicle’s description or nominated configuration that is recorded in the Register of which it has been notified under the Act, the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or this Regulation unless the Authority is satisfied that the information is false.

(4) Evidence may be required to verify description and configuration changes The Authority may require evidence in a form acceptable to the Authority verifying that the changes notified under subclause (3) are correct.

(5) Register to record information over previous 24 months The Authority must ensure that the Register contains details of all registrable vehicles that are currently registered, or that have been registered within the previous 24 months.

(6) Requests for Register searches A registered operator of a registrable vehicle is entitled to request a search of the Register, and to obtain a certificate as to any matter appearing in the Register, in respect of the vehicle, on payment of any applicable gazetted fee for the search.

(7) Register information subject to Information Privacy Principles A request for information about the particulars of a registrable vehicle, or a registered operator or former registered operator, of a registrable vehicle, must be treated by the Authority in accordance with the Information Privacy Principles in section 14 of the Privacy Act 1988 of the Commonwealth.

(8) How Information Privacy Principles apply For the purposes of the application of the Information Privacy Principles to a request for information referred to in subclause (7):

(a)  the information requested is taken to be personal information, and

(b)  the Authority is taken to be the collector of the information in relation to information it collects and a record-keeper in relation to records of information in its possession or control.

(9) Recording of dealing restrictions Without limiting subclause (2), the Authority may also record in the Register information for the purpose of identifying a dealing restriction with respect to a registrable vehicle.

(10) Effect of recorded dealing restrictions Despite any other provision of this Regulation, if a dealing with respect to a registrable vehicle contravenes a dealing restriction recorded in the Register in respect of the vehicle, the Authority may:

(a)  if the dealing requires the approval of the Authority—refuse to approve the dealing, and

(b)  refuse to record details of the dealing in the Register, and

(c)  refuse to exercise any other function of the Authority in connection with that dealing.

(11) Definitions In this clause:

dealing, in relation to a registrable vehicle, means:

(a)  the registration of the vehicle, or

(b)  the renewal of the registration of the vehicle, or

(c)  the transfer of the registration of the vehicle.

dealing restriction, in relation to a registrable vehicle, means any restriction on a dealing with respect to the vehicle that the Authority has determined should apply to the vehicle.

Part 4 Registration documents

16 Certificates of registration

(1)  If the Authority registers a registrable vehicle, the Authority must issue to the applicant a certificate of registration for the vehicle that includes:

(a)  the name of each registered operator, and

(b)  the address (if any) for the service of notices on a registered operator of the vehicle, and

(c)  the garage address of the vehicle, and

(d)  the registration number of the vehicle, and

(e)  the make of the vehicle, and

(f)  the vehicle’s VIN or, if there is no VIN, any chassis number and engine number of the vehicle, and

(g)  the vehicle’s GVM (if applicable to the vehicle concerned), and

(h)  the vehicle’s GCM (if applicable to the vehicle concerned), and

(i)  in the case of a heavy vehicle—the applicable charging category for the vehicle under the Road Transport (Heavy Vehicles Registration Charges) Act 1995, and

(j)  in the case of a light vehicle—the applicable motor vehicle tax for the vehicle under the Motor Vehicles Taxation Act 1988, and

(k)  the expiry date of the registration, and

(l)  if the vehicle is conditionally registered—the conditions to which registration of the vehicle is subject.

(2)  The Authority may also include in a certificate of registration such other information as the Authority considers is appropriate.

(3)  On payment of any applicable gazetted fee, the Authority may issue a replacement certificate of registration to the person in whose name the certificate was issued if the Authority is satisfied that the original certificate is lost, stolen, damaged or destroyed.

(4)  A certificate of registration and any renewal of such a certificate issued under this Chapter is to bear the imprint of the Authority’s cash register or such other endorsement as may be approved by the Authority recording the payment of any fee or other money payable under the Act or any other Act or this Regulation in connection with the registration or renewal.

17 Registration labels

(1)  If the Authority registers a registrable vehicle it must issue a registration label.

(2)  A registration label:

(a)  issued in respect of a motor vehicle (other than a motor vehicle referred to in paragraph (b)) must include:

(i)  the registration number of the vehicle, and

(ii)  its make, and

(iii)  its model or body type (whichever is the more descriptive), and

(iv)  its VIN or, if there is no VIN, any chassis number and engine number, and

(v)  the expiry date of the vehicle’s registration, and

(vi)  if the vehicle is conditionally registered—the conditions to which registration of the vehicle is subject, in coded form, and

(vii)  the vehicle’s GVM (if applicable to the vehicle concerned), and

(viii)  the vehicle’s GCM (if applicable to the vehicle concerned), and

(ix)  if the vehicle is a heavy vehicle—the applicable charging category for the vehicle under the Road Transport (Heavy Vehicles Registration Charges) Act 1995 in coded form, or

(b)  issued in respect of a trailer or a motor vehicle without a windscreen or fixed windows must be in a form approved by the Authority.

Note—

In relation to subclause (2) (a) (vi), a list of codes will be available from the Authority.

A registered operator will receive full written explanation of the conditions applying to the vehicle when the registration label is issued.

(3)  A registration label must be affixed:

(a)  in the case of a motor vehicle fitted with a windscreen or fixed windows:

(i)  to the lower left (or near side) portion of the front windscreen, or

(ii)  to any fixed window on the left (or near) side of the vehicle, and

(b)  in the case of a caravan or other trailer:

(i)  on or adjacent to the vehicle’s number-plate in such a manner that the characters on the number-plate are not obscured, or

(ii)  if the vehicle has a fixed rear window or a hinged rear window that is to be closed when the caravan or other trailer is being towed—to that window, in a location as close as possible to the vehicle’s number-plate, and

(c)  in any other case—on or adjacent to the vehicle’s rear number-plate in such a manner that the characters on the number-plate are not obscured.

(4)  Despite subclause (3), the registration label must be affixed so that the information on the label is readable from the outside of the vehicle.

(5)  Despite subclause (1), the Authority is not required to issue a registration label in respect of a registrable vehicle that is operated by a State or Territory or the Commonwealth or by an authority of a State or Territory or the Commonwealth.

(6)  If necessary, and on payment of any applicable gazetted fee, the Authority may issue a registration label to the person in whose name a registrable vehicle is registered to replace a registration label that has been lost, stolen, damaged or destroyed.

cl 17: Am 26.11.1999.

Part 5 Number-plates

Division 1 Interpretation

18 Definitions

In this Part:

number includes a letter of the alphabet.

plate holder, in relation to a number-plate, means:

(a)  in the case of a trader’s plate—the trader to whom the trader’s plate has been issued, or

(a1)  in the case of a special number-plate—a special plate holder within the meaning of clause 21, or

(b)  in the case of any other number-plate—each registered operator of the registrable vehicle in respect of which the number-plate has been issued.

vehicle number-plate means a number-plate other than a bicycle-rack number-plate.

cl 18: Am 29.12.2000.

19 Application of Part to trader’s plates

This Part (except Division 5) does not apply to trader’s plates.

Note—

Part 2 of Chapter 4 provides for the issue and use of trader’s plates.

Division 2 Issue of number-plates

20 Number-plates generally

(1)  If the Authority registers a registrable vehicle it must assign a distinguishing registration number to the vehicle.

(2)  The Authority must issue:

(a)  for each motor vehicle registered by the Authority (other than a motor vehicle referred to in paragraph (b) or (c))—2 vehicle number-plates bearing the registration number assigned to that motor vehicle, and

(b)  for each motor bike or trailer registered by the Authority—at least one vehicle number-plate bearing the registration number assigned to that motor bike or trailer, and

(c)  for each other registrable vehicle registered by the Authority—such number of vehicle number-plates as the Authority considers appropriate.

(3)  A vehicle number-plate is to conform to such specifications as the Authority may require and must display:

(a)  the matter “NSW” and such words (if any) as the Authority may determine with the approval of the Minister, or

(b)  the words “New South Wales” and such other words (if any) as the Authority may determine with the approval of the Minister.

21 Special number-plates

(1)  The Authority may enter into an agreement with any person under which that person (referred to as a special plate holder) has an exclusive right to use, subject to the payment of any applicable gazetted fee, a specified combination of numbers on a special number-plate.

Note—

A special number-plate is defined in the Dictionary to mean a number-plate with a number that is comprised of:

(a)  one to 6 letters only, or

(b)  one to 6 numbers only, or

(c)  a combination of one or more letters with one or more numbers, being a combination that does not exceed 6 letters and numbers, and:

(i)  that is not routinely issued by the Authority, or

(ii)  that the Authority has determined should be treated as a special number.

(2)  Such an agreement may be expressed to have effect indefinitely or for a definite period.

(3)  The rights exercisable by a special plate holder under such an agreement may not be assigned to any other person except with the approval of the Authority.

(4)  Clause 23 applies to a special number-plate in the same way as it applies to any other number-plate, despite the provisions of any agreement under this clause.

cl 21: Subst 29.12.2000.

22 Bicycle rack number-plates

(1)  A registered operator of a motor vehicle (other than a motor bike or a motor trike) may apply for a bicycle rack number-plate.

(2)  On receipt of such an application and the payment of any applicable gazetted fee, the Authority may issue, in addition to the vehicle number-plates issued under clause 20, a bicycle rack number-plate having the distinguishing number of the registration of the registrable vehicle on which the number-plate is, by means of the bicycle rack, to be placed.

(3)  A bicycle rack number-plate issued under this clause is to conform to such specifications as the Authority may determine and must display:

(a)  the matter “NSW” and “bike rack” and such other words as the Authority may determine with the approval of the Minister, or

(b)  the words “New South Wales” and “bike rack” and such other words as the Authority may determine with the approval of the Minister.

(4)  For the purposes of this Regulation:

(a)  a bicycle rack number-plate issued under this Regulation is taken to be issued for use on a motor vehicle, and

(b)  a bicycle rack number-plate displayed, in accordance with this Regulation, on a bicycle rack on a motor vehicle is taken to be placed on the motor vehicle concerned, and

(c)  in determining whether a bicycle rack number-plate has the same number as a vehicle number-plate issued under this Regulation, the following are to be disregarded:

(i)  any words and matter displayed on the vehicle number-plate as required by clause 20 (3),

(ii)  the words “NSW–THE PREMIER STATE” (if displayed on the vehicle number-plate),

(iii)  the words and matter displayed on the bicycle rack number-plate as required by subclause (3).

(5)  A bicycle rack number-plate displayed on a motor vehicle must be illuminated, at all times when the vehicle is driven between the hours of sunset and sunrise, with a white light so as to render visible at a distance of 20 metres each number on the plate.

cl 22: Am 26.11.1999.

23 Authority may alter distinguishing number of registration

(1)  The Authority may at any time alter the distinguishing number of the registration of a registrable vehicle.

(2)  Without limiting subclause (1), the Authority may alter the distinguishing number of a registrable vehicle if:

(a)  the distinguishing number comprises one to 6 numbers only, and

(b)  a registered operator of the vehicle is a corporation, and

(c)  the Authority is satisfied that a significant change in the ownership or control of the corporation has occurred since that distinguishing number was allocated to that vehicle.

(2A)  Without limiting subclause (1), the Authority may alter the distinguishing number of a registrable vehicle if the Authority considers that:

(a)  there is an error of any kind in the vehicle number-plate issued for the vehicle, or

(b)  there has been an error of any kind in the issuing of a vehicle number-plate for the vehicle.

(3)  On or before altering the distinguishing number of the registration of a registrable vehicle under this clause, the Authority must give written notice to each registered operator of the vehicle requiring the registered operator to return to the Authority, within such period as is specified in the notice, any vehicle number-plate issued under this Regulation in respect of the vehicle.

(4)  A registered operator of a registrable vehicle must comply with any notice given to the registered operator under subclause (3).

Maximum penalty (subclause (4)): 20 penalty units.

(5)  On receipt of a vehicle number-plate returned in accordance with the requirements of a notice referred to in subclause (3) (and, if a bicycle rack number-plate is also returned, on receipt of that number-plate), the Authority is to issue to a registered operator of the registrable vehicle concerned a replacement number-plate bearing the distinguishing number, as altered, of the registration of the vehicle for each number-plate that is returned.

cl 23: Am 26.11.1999; 29.12.2000.

Division 3 Use of number-plates

24 Display of number-plates

(1)  Unless otherwise approved by the Authority, a registered operator of a registered registrable vehicle must ensure that a vehicle number-plate issued by the Authority for the vehicle is permanently affixed to the vehicle so that (assuming the vehicle to be on level ground):

(a)  the number-plate is at all times:

(i)  in an upright position that is substantially parallel to the vehicle’s axles, and

(ii)  not more than 1.3 metres above ground level, and

(b)  the numbers on the number-plate are clearly visible from a distance of 20 metres at any point within an arc of 45 degrees from the surface of the number-plate above or to either side of the vehicle, as shown in figures 1 and 2 of diagram 1 (in relation to heavy vehicles) and figures 1 and 2 of diagram 2 (in relation to light vehicles), and

(c)  any cover on the number-plate:

(i)  is clear, clean, untinted and flat over its entire surface, and

(ii)  has no reflective or other characteristics that would prevent the successful operation of a device approved for use under a law relating to the detection of traffic offences, and

(d)  in the case of a motor vehicle—one number-plate is affixed to the front of the vehicle and another to its rear, and

(e)  in the case of a motor bike or trailer—at least one number-plate is affixed to its rear.

Diagram 1—Heavy vehicles

Diagram 2—Light vehicles

(2)  Subclause (1) (a), (b), (d) and (e) do not apply to a vehicle number-plate of a registrable vehicle if:

(a)  due to the construction of the vehicle it is not practicable to comply with those paragraphs, and

(b)  the number-plate is affixed in a manner that complies so far as practicable with those paragraphs.

(3)  Subclause (1) (b) does not apply to the rear vehicle number-plate of a registrable vehicle if:

(a)  the rear number-plate of the registrable vehicle is obscured by a vehicle that is being towed by the registrable vehicle, and

(b)  the towed vehicle displays a rear number-plate in accordance with subclause (1) or, when the towed vehicle is not required to display a rear number-plate, the registration number of the registrable vehicle is displayed at the rear of the towed vehicle in a manner that complies so far as practicable with subclause (1).

Division 4 Transfer, exchange, reservation and interchange of number-plates

25 Reservation and interchange of number-plates

(1)  The Authority may approve the reservation of any number-plate in respect of a registrable vehicle, subject to the payment of any applicable gazetted fee for each 12 month period (or part of that period in excess of 21 days) that the number-plate is to be held.

(2)  On the payment of any applicable gazetted fee, the Authority may approve the interchange between registrable vehicles of vehicle number-plates issued under this Regulation.

26 Transfer of number-plate to another vehicle

The Authority may transfer a vehicle number-plate of a registrable vehicle to another registrable vehicle if:

(a)  the registration of the registrable vehicle from which the number-plate is to be transferred was cancelled following an application under clause 41 for the surrender of the registration, and

(b)  where the vehicle has one registered operator—the same person is (or is to be) the registered operator of the registrable vehicle to which the number-plate is to be transferred, and

(c)  where the vehicle has more than one registered operator—the Authority is satisfied that each operator who is living consents to the transfer, and

(d)  where the vehicle from which the number-plate is to be transferred has more than one registered operator—the Authority is satisfied that all the registered operators have consented to the transfer, and

(e)  the Authority is paid any applicable gazetted fee for the transfer.

27 Exchange of number-plates

If a registered operator of a registered vehicle surrenders a vehicle number-plate to the Authority, the Authority may issue another set of vehicle number-plates with a different number from the number of the surrendered number-plate subject to the payment of any applicable gazetted fee for that issue.

Division 5 Damaged, destroyed or missing number-plates

28 Damaged number-plates

(1)  If any number-plate issued under this Regulation becomes damaged, a plate holder must, as soon as is practicable:

(a)  notify the Authority of the fact of such damage, and

(b)  surrender to the Authority the number-plate and, unless otherwise approved by the Authority, any other number-plate with the same number issued under this Regulation.

Maximum penalty: 20 penalty units.

(2)  The Authority may request a plate holder to pay any applicable gazetted fee for replacing a damaged number-plate.

(3)  On the application of a plate holder who has surrendered vehicle number-plates under this clause, the Authority may issue replacement vehicle number-plates having the same number as the surrendered number-plates on payment of any applicable gazetted fee for the issue.

(4)  If a bicycle rack number-plate is surrendered under this Regulation, the plate holder may apply for, and the Authority may issue, a new bicycle rack number-plate with the same number as the surrendered bicycle rack number-plate on payment of any applicable gazetted fee for the issue.

29 Lost, stolen or destroyed number-plates

(1)  If any vehicle number-plate issued under this Regulation is lost, stolen or destroyed, a plate holder must, as soon as is practicable after discovering the loss, theft or destruction:

(a)  give written notification of the loss, theft or destruction to the Authority, and

(b)  deliver to the Authority any other number-plate (including a bicycle rack number-plate) with the same number issued under this Regulation unless it too has been lost, stolen or destroyed.

Maximum penalty: 20 penalty units.

(2)  If a bicycle rack number-plate is lost, stolen or destroyed, the plate holder must, as soon as practicable after discovering the loss, theft or destruction, notify the Authority in writing accordingly.

Maximum penalty: 20 penalty units.

(3)  The Authority may request any such plate holder:

(a)  to forward evidence, in a form acceptable to the Authority, verifying the loss, theft or destruction of the number-plate and stating the circumstances connected with it, and

(b)  if a vehicle number-plate is lost or destroyed—to pay any applicable gazetted fee for that loss or destruction.

(4)  If a number-plate is lost, stolen or destroyed or is delivered to the Authority by the plate holder under subclause (1) (b), the Authority may issue a new number-plate with a number different from the number-plate it replaces on payment of any applicable gazetted fee for the issue.

30 Recovery of lost or stolen number-plates

(1)  A person who recovers a lost or stolen number-plate must, as soon as is practicable after recovering the number-plate, give notification of the recovery to the Authority and, unless otherwise directed by the Authority, must also deliver the recovered number-plate to the Authority.

Maximum penalty: 20 penalty units.

(2)  In this clause:

lost includes mislaid or unable to be found for any reason.

Part 6 Renewal of registration

31 Notice for renewal of registration

(1)  A notice of renewal of registration is a notice:

(a)  addressed to a registered operator of a vehicle, and

(b)  stating that, if registration of a registrable vehicle is not renewed on or before a specified date, the registration of the vehicle will expire.

(2)  If the Authority fails to send a notice of renewal, that failure does not affect:

(a)  the expiry of the vehicle’s registration, or

(b)  the obligation of a registered operator to renew the registration of a vehicle that the operator intends to be used on a road or road related area after the expiry of its existing registration.

32 Renewal of registration

(1)  A registered operator may apply for renewal of the registration of a registrable vehicle by submitting to the Authority:

(a)  an application for renewal of registration in the form approved by the Authority, and

(b)  the amount of the registration charge applicable to the vehicle and the applicable scheduled fee for renewal of registration for the relevant period, and

(c)  payment or evidence of payment of any applicable third party insurance premium required by third party insurance legislation in respect of the vehicle.

(2)  An applicant for renewal of registration of a registrable vehicle must:

(a)  if seeking to register the vehicle for a period that differs from the current registration period—nominate a period specified in clause 12 (1), or

(b)  if seeking to register the vehicle for a period referred to in clause 12 (2) to which paragraph (a) does not apply—nominate the period for which registration is sought.

(3)  The registration of a registrable vehicle may be renewed:

(a)  not more than 3 months after the expiry of registration of the vehicle, or

(b)  in the case of a period nominated under subclause (2) (b)—not more than 12 months after the expiry of registration of the vehicle.

(4)  The expiry date of a renewed period of registration must be calculated as if the renewal had commenced:

(a)  on the day after the day recorded in the register as the expiry date of the period of the registration being renewed, or

(b)  in the case of a registrable vehicle nominated under subclause (2) (b)—on the first day of the nominated period.

(5)  Subclauses (3) and (4) do not have the effect of retrospectively registering a registrable vehicle.

(6)  Subject to subclause (7), the Authority must renew the registration of a registrable vehicle.

(7)  The Authority may refuse to renew the registration of a registrable vehicle if the circumstances are such that if an initial application for registration of the vehicle were being made the Authority would refuse the application under clause 13 (1).

(8)  If:

(a)  the period during which the registration of a registrable vehicle may be renewed has expired, and

(b)  the registration of the vehicle has not been renewed, and

(c)  the Authority requests by written notice the registered operator of the vehicle to return the number-plates of the vehicle,

the operator must return the number-plates to the Authority within 14 days of the date specified in the notice.

Maximum penalty (subclause (8)): 20 penalty units.

cll 32: Am 26.11.1999.

Chapter 3 Alteration of registration status

Part 1 General obligations of registered operators

33 Obligations of registered operators

(1)  Any registered operator of a registered vehicle must notify the Authority, in a form approved by the Authority, not more than 14 days after a change in:

(a)  the vehicle’s garage address, or

(b)  any operator’s name, residential address or address for service of notices.

Note—

Section 4 of the Act defines residential address, in relation to a company or other body corporate, to mean its registered office or any place recorded in the Register as its residential address or business address.

(2)  A registered operator of a heavy vehicle that has been:

(a)  destroyed or declared by the operator to be a write-off, or

(b)  declared by an insurer to be a write-off,

must cause notification of those matters to be given to the Authority not more than 14 days after their occurrence.

(3)  If any change is made to a registrable vehicle that:

(a)  affects its description as described on the certificate of registration for the vehicle in accordance with clause 16 (1) (e)–(h), or

(b)  would incur liability for an additional charge under the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or the Motor Vehicles Taxation Act 1988,

a registered operator must ensure that the vehicle is not used until after:

(c)  the Authority has been notified of the change, and

(d)  any additional fee or charge attributable to the change has been paid.

(4)  A registered operator is not required to comply with subclause (3) (a) if the operator has already provided that information under section 20 of the Road Transport (Heavy Vehicles Registration Charges) Act 1995.

(5)  A registered operator of a registrable vehicle must present the vehicle for inspection or testing in accordance with reasonable notice in writing served on the operator by the Authority.

(6)  A registered operator of a registrable vehicle must provide any information reasonably required by the Authority to demonstrate that the garage address recorded in the Register is the vehicle’s actual garage address.

Part 2 Transfer of registration

34 Obligations of disposers: provision of inspection reports

(1)  This clause applies only to an examinable vehicle that is not:

(a)  a public passenger vehicle, or

(b)  a vehicle for which a person is exempted by the Authority from submitting an inspection report with an application for registration or renewal of registration.

(2)  A person who offers an examinable vehicle for sale to another person must, before or when the other person is shown the vehicle:

(a)  give an inspection report for the vehicle to the other person, being a report issued within the last month, or

(b)  make the report available to the other person, so that the report may be read by the other person.

Maximum penalty (subclause (2)): 20 penalty units.

(3)  A person who sells an examinable vehicle (whether as an agent or the principal) must give the purchaser, for retention by the purchaser, before or when the purchaser takes possession of the vehicle, the inspection report referred to in subclause (2).

Maximum penalty (subclause (3)): 20 penalty units.

(4)  The following persons are exempted from this clause:

(a)  any person, in respect of an offer to sell or the sale of an examinable vehicle that has been, within the last month before the offer or the sale, registered for the first time or the registration of which has been renewed within that month in accordance with this clause,

(b)  any person, in respect of an offer to sell or the sale of an examinable vehicle:

(i)  to a dealer, or

(ii)  at an auction conducted in accordance with section 23B or 23C of the Motor Dealers Act 1974, or

(iii)  to a vehicle-wrecker, or a motor vehicle parts reconstructor, licensed under the Motor Dealers Act 1974 for the purpose of the vehicle’s being demolished or dismantled,

(c)  a dealer, in respect of an offer to sell or the sale by the dealer, in the capacity of a dealer, of an examinable vehicle,

(d)  a dealer, in respect of an offer to sell or the sale by the vehicle-wrecker, in the capacity of a vehicle-wrecker, of an examinable vehicle that is substantially demolished or dismantled.

(5)  In this Regulation:

examinable vehicle means any one of the following registrable vehicles:

(a)  cars,

(b)  station waggons,

(c)  motor bikes,

(d)  trailers having an unladen weight of less than 1.02 tonnes,

(e)  motor lorries having a GVM of 4.5 tonnes or less,

(f)  any other motor vehicles having a GVM of 4.5 tonnes or less and to which number-plates are attached.

cll 34: Am 26.11.1999.

35 Obligations of disposers

(1)  A person, or the agent of a person, who disposes of a registered registrable vehicle must, immediately after disposing of the vehicle:

(a)  complete an application for transfer of registration as disposer in the form approved for that purpose by the Authority and sign it, and

(b)  give the completed form to the acquirer.

(2)  If the person or agent is a dealer, the person or agent must also, immediately after disposing of the vehicle, notify the Authority of the following:

(a)  the full names and addresses of the following persons:

(i)  if the dealer is an agent for another person—the person on whose behalf such vehicle has been disposed of,

(ii)  the person who has acquired the vehicle,

(b)  the date of the disposal,

(c)  the number of any number-plate issued under this Regulation for use on the vehicle.

(3)  This clause and clause 36 do not apply to a passing of possession of a registrable vehicle:

(a)  under any hiring (not being a hiring under a hire-purchase agreement) or under any lending (not being a lending under a lease agreement) of a registrable vehicle, or

(b)  to an agent for the purposes of sale or disposal, or to a bailee for the purpose of alteration, repair, renovation, garaging, storing or any other similar purpose not involving the use of the vehicle for the benefit of the bailee.

36 Obligations of acquirers

(1)  A person who acquires, or the agent of a person who acquires, a registered registrable vehicle must, as soon as practicable after acquiring the vehicle:

(a)  complete as the acquirer the form obtained from the disposer as referred to in clause 35 to the extent indicated on the form and sign it, and

(b)  not more than 14 days after acquiring the vehicle, lodge the completed and signed application with the Authority accompanied by any duty payable under applicable stamp duty legislation and the applicable scheduled fee for transfer of registration of the vehicle.

(2)  Clause 35 and subclause (1) do not apply in relation to a registrable vehicle acquired in accordance with an order of a court in Australia or other legal process.

(3)  If a registered vehicle is acquired in accordance with an order of a court in Australia or other legal process, the person or the agent of the person, who acquires the vehicle must:

(a)  obtain a form of notification of the court order or other legal process and complete the form as the acquirer to the extent indicated on the form and sign it, and

(b)  not more than 14 days after acquiring the vehicle, lodge the completed and signed application with the Authority accompanied by any duty payable under applicable stamp duty legislation and the applicable scheduled fee (if any) for transfer of registration of the vehicle.

(4)  If the applicable scheduled fee referred to in subclause (1) is expressed, in Schedule 2, to include an additional amount payable by reason of the making of the application after a date or period, the Authority may in a particular case exempt an applicant from liability to pay that additional amount if the Authority is satisfied there is sufficient cause for doing so.

(5)  A person who acquires, or the agent of a person who acquires, a registered registrable vehicle is not required to pay the applicable scheduled fee referred to in subclause (1) if the person is a veteran to whom section 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth applies.

cl 36: Am 28.8.1998.

37 Repossession and restoration

(1)  The holder of a security interest in a registered registrable vehicle must notify the Authority, and apply for transfer of the vehicle, not more than 14 days after:

(a)  taking possession of the vehicle from a registered operator, or

(b)  returning possession of the vehicle to a registered operator.

(2)  Notification of taking or returning possession must be in a form approved by the Authority.

(3)  An application for transfer after taking or returning possession of a registered registrable vehicle must be:

(a)  in a form approved by the Authority for the purpose, and

(b)  accompanied by the applicable scheduled fee for transfer of registration of the vehicle.

38 Registration of the transfer of vehicles and functions of the Authority

(1)  The Authority may refuse to register the transfer of registration of a registrable vehicle if:

(a)  the registrable vehicle is the subject of a vehicle defect notice that:

(i)  prohibits use of the vehicle or imposes conditions on the use of the vehicle, and

(ii)  has not been cleared in accordance with clause 78 (4), or

(b)  the vehicle is registered on condition that it not be transferred, or

(c)  the requirements of this Regulation relating to transfer of registration have not been complied with, or

(d)  the Authority reasonably believes that the ownership, possession, control or description of the vehicle is uncertain, or

(e)  the person disposing of, or the person acquiring the registrable vehicle, fails to comply with the requirements of a law in force in this State relating to certificates of roadworthiness for, or inspection of, registrable vehicles, or

(f)  the Authority would refuse an application to register the vehicle under clause 13 (1), or

(g)  information required to be furnished to the Authority under clause 89 (3) has not been furnished to the Authority, or

(h)  the Authority is for any reason of the opinion that the person to whom the registration is proposed to be transferred is not a fit and proper person to be a registered operator of the vehicle, or

(i)  the vehicle has more than one registered operator—the Authority is not satisfied that each registered operator consents to the transfer, or

(j)  the Authority is satisfied that the effective management of the vehicle has not changed.

(2)  If a set of 2 special number-plates issued in respect of the registration of a registrable vehicle is a set of number-plates for which a fee is payable under clause 21, the Authority may also refuse to transfer the registration of the vehicle until:

(a)  the distinguishing number of the registration has been altered under clause 23, and

(b)  the number-plates have been surrendered to the Authority.

(3)  The Authority must refuse to register a transfer of registration of a registrable vehicle if an order of a court in Australia prohibits the transfer of registration of the vehicle, and the Authority has been notified of the order.

(4)  The Authority may register the transfer of a registrable vehicle, despite the failure of one of the parties to the transfer to meet a requirement of this Regulation relating to the transfer of registrable vehicles, if the Authority considers it appropriate to do so in the circumstances.

(5)  If the Authority is advised by a registered operator of a registrable vehicle that the vehicle has been disposed of, the Authority may make an entry in the Register to that effect pending the receipt of the application for transfer.

(6)  If the Authority registers a transfer of a registrable vehicle it must issue a new certificate of registration, make an endorsement on the certificate of registration or issue a form of transfer of registration to the person acquiring the vehicle.

(7)  The Authority may, subject to any condition that it thinks fit, exempt any person or class of persons from all or any provisions of this Part (other than this subclause).

39 Transfer on death of registered operator

(1)  On notification of the death of a registered operator of a registrable vehicle, the Authority may transfer the registration to any person who applies to the Authority for the transfer if:

(a)  the person proves to the satisfaction of the Authority that the person is reasonably entitled to the transfer, and

(b)  in the case of a vehicle that has more than one registered operator—the Authority is satisfied that the remaining registered operator consents to the transfer, and

(c)  the certificate of registration for the vehicle is surrendered to the Authority, and

(d)  the applicable scheduled fee for the transfer is paid and, in the case of a special number-plate, such fees as are fixed by the Authority as are applicable to the special number-plate, are paid.

(2)  A transfer may be cancelled by the Authority if, during the currency of the registration, any person produces probate of the will or letters of administration granted to the person for the estate of the deceased and applies to have the registration transferred to some person other than the person mentioned in subclause (1).

(3)  On the application of any such other person and the payment of the applicable scheduled fee or, in the case of a vehicle with a special number-plate, of the fee fixed by the Authority, the Authority may transfer the registration to the person.

(4)  Any person to whom a certificate of registration has been transferred under subclause (1) must, in the event of such transfer being cancelled, immediately deliver the certificate of registration to the Authority on being requested so to do.

Maximum penalty (subclause (4)): 20 penalty units.

Part 3 Expiry of registration

40 Expiry of registration

(1)  The registration of a registrable vehicle expires at the end of the day recorded in the Register as the vehicle’s registration expiry date.

(2)  A renewal of a registration takes effect:

(a)  from the expiry of the registration or last preceding renewal, or

(b)  if reissued by the Authority to take effect from an earlier day, from that day.

(3)  If the registration of a registrable vehicle expires, the registered operator must, if required to do so by the Authority, return the vehicle’s number-plates to the Authority or an agent nominated by the Authority within 14 days after the date specified in a written notice from the Authority requesting their return.

(4)  A registered operator to whom a written notice is given under subclause (3) must comply with any requirement specified in the notice.

Maximum penalty: 20 penalty units.

cl 40: Am 26.11.1999.

Part 4 Surrender and cancellation of registration

41 Surrender of registration by registered operator

(1)  A registered operator, personally or by an agent who produces written evidence of his or her appointment as agent, may apply to the Authority to surrender the registration of a registrable vehicle.

(2)  A registered operator who applies for surrender of registration of a registrable vehicle must:

(a)  give to the Authority a statement signed by the operator or agent that the registration label for the vehicle has been destroyed, and

(b)  if required to do so by the Authority, return the registration certificate and number-plates for the vehicle to the Authority or an agent nominated by the Authority.

Maximum penalty (subclause (2)): 20 penalty units.

(3)  Despite subclause (2), a registered operator is not required to return to the Authority:

(a)  a registration certificate or number-plate that has been lost or destroyed if the Authority is satisfied that the original registration certificate or number-plate is lost or destroyed, or

(b)  special number-plates, if retention of the plates is permitted by an agreement with the Authority or by law.

(4)  The Authority must approve an application for the surrender of the registration of a registrable vehicle unless:

(a)  a registered operator of the vehicle has failed to meet the requirements of this Regulation, or

(b)  the Authority is taking action to suspend or cancel the registration, or

(c)  if the vehicle has more than one registered operator—the Authority is not satisfied that each registered operator consents to the surrender.

Note—

Clause 80 provides for the refund of fees in the case of surrenders or cancellation of registration.

42 Suspension or cancellation of registration

(1)  The Authority may suspend or cancel the registration of a registrable vehicle in accordance with clause 43 if:

(a)  a vehicle defect notice relating to the vehicle has not been complied with and the date for compliance specified in the notice has expired, or

(b)  the vehicle does not comply with the applicable vehicle standards for the vehicle, or

(c)  any amounts payable in relation to the vehicle under third party insurance legislation, stamp duty legislation, the Act, this Regulation or the Road Transport (Heavy Vehicles Registration Charges) Act 1995 have not been paid, or

(d)  a payment in a form other than cash submitted to the Authority as payment of a registration charge or fees or stamp duty (or a third party insurance premium submitted to an insurer) is dishonoured, or

(e)  a penalty imposed on a registered operator of the vehicle in respect of the operation of the vehicle is unpaid and no court order for the payment of a penalty by instalments has been made, or

(f)  a registered operator of the vehicle has not complied with a court order for the payment by instalments of a penalty imposed on the registered operator in respect of the operation of the vehicle, or

(g)  the vehicle has been destroyed or damaged beyond repair, or

(h)  the Authority reasonably believes that the ownership, possession, control or description of the registrable vehicle as recorded on the Register is uncertain, or

(i)  the Authority has approved an application to surrender registration of the vehicle under clause 41 (4), or

(j)  any tax on the vehicle under the provisions of any Act is due and unpaid, or

(k)  the Authority is satisfied that the registration has been issued erroneously, or

(l)  the Authority is, for any reason whatever, of the opinion that a registered operator is not a fit and proper person to be the holder of the registration for the vehicle.

(2)  The Authority may suspend the registration of a registrable vehicle for a period not exceeding 3 months if the Authority is satisfied, on the balance of probabilities, that a registered operator of the vehicle has failed to use or manage the vehicle so as to effectively prevent repeated violations of the traffic law (whether by the operator or by another person authorised to use the vehicle).

(3)  Subject to subclause (4), clause 43 does not apply to a decision to suspend registration under subclause (2).

(4)  Before suspending the registration of a vehicle under subclause (2), the Authority:

(a)  must give a registered operator of the vehicle notice in writing of the matters referred to in clause 43 (1) (a) and (b), and

(b)  may follow such other procedures prescribed by clause 43 or such other procedures as it considers appropriate.

(5)  In this clause, traffic law means:

(a)  a provision of the Act or this Regulation, or

(b)  a provision of the road transport legislation (within the meaning of the Road Transport (General) Act 1999) other than this Act or the regulations.

cl 42: Am 1999 No 19, Sch 3.25 [1].

43 Procedures for suspension and cancellation of registration

(1)  If the Authority decides to suspend the registration of a registrable vehicle, the Authority must give a registered operator notice in writing of:

(a)  the reasons for the suspension, and

(b)  the date on which the registration is to be suspended, and

(c)  the action to be taken by the registered operator in order to avoid the suspension or to have the suspension removed.

(2)  The Authority must not cancel the registration of a registrable vehicle, except following a surrender of registration by a registered operator under clause 41, unless the Authority:

(a)  has suspended the registration and believes that a reason for the suspension still exists, and

(b)  has served notice on the registered operator that:

(i)  advises the registered operator that the Authority has decided to cancel the registration of the vehicle and gives the reasons for the decision, and

(ii)  specifies requirements that must be met if the cancellation is to be avoided, and

(iii)  states that, if those requirements are not met within 14 days after the date specified in the notice for that purpose, the cancellation will then take effect, and

(iv)  if there is a right under the Road Transport (General) Act 1999 or a regulation made under that Act to appeal against the decision or to have it reviewed—advises the registered operator of the right of appeal or review.

(3)  Despite subclause (2), the Authority may cancel the registration of a registrable vehicle without first suspending that registration if it is directed to cancel the registration by the State Debt Recovery Office under the Fines Act 1996.

(4)  If the requirements stated in the notice are not met within the period specified in the notice, the registration of the vehicle is cancelled at the end of that period.

(5)  As soon as practicable after cancellation of the registration of a registrable vehicle, a registered operator must:

(a)  destroy the registration label for the vehicle, and

(b)  if required to do so by the Authority, return the vehicle’s registration certificate and number-plates to the Authority or an agent nominated by the Authority within 14 days of the date specified in a written notice from the Authority requesting their return.

Maximum penalty (subclause (5)): 20 penalty units.

(6)  On cancelling the registration of a registrable vehicle, the Authority may require a registered operator of the vehicle to pay the applicable gazetted fee for the cancellation.

cl 43: Am 1999 No 19, Sch 3.25 [2].

Chapter 4 Authorised uses of unregistered registrable vehicles

Part 1 Unregistered vehicle permits

44 Issue of unregistered vehicle permits

(1)  In this clause, number includes letter.

(2)  The Authority may issue an unregistered vehicle permit for a registrable vehicle if:

(a)  it would be unreasonable or impracticable to require that the registrable vehicle be registered during the period of the permit or the vehicle has been driven to a place under clause 17 of Schedule 1 for the purpose of obtaining registration and registration has been refused, and

(b)  the vehicle complies with any applicable third party insurance legislation.

(3)  An unregistered vehicle permit authorises use of a registrable vehicle on:

(a)  a road or road related area, or

(b)  particular roads or road related areas,

subject to any condition specified in the permit.

(4)  Unless sooner revoked, an unregistered vehicle permit expires on the expiry date recorded in the permit:

(a)  if the permit specifies an expiry time—at that time on the expiry date, or

(b)  if no expiry time is specified—at the end of the day recorded as the expiry date.

(5)  If the Authority issues an unregistered vehicle permit the Authority must:

(a)  record details of the permit, including any condition to which the permit is subject, in the Register, and

(b)  assign a temporary identification number to the vehicle.

(6)  Except if otherwise approved by the Authority, an applicant for an unregistered vehicle permit must pay to the Authority any applicable gazetted fee for issue of the permit before it is issued.

(7)  The holder of an unregistered vehicle permit must:

(a)  display a notice affixed securely to the registrable vehicle in a prominent position depicting the temporary identification number assigned to the vehicle by the Authority, or

(b)  display such information as may be required or authorised by the Authority.

(8)  An unregistered vehicle permit may be revoked or varied at any time by the Authority.

Part 2 Trader’s plates

45 Issue of trader’s plates

(1)  On the payment of the applicable scheduled fee, the Authority may issue one or more trader’s plates to any person that the Authority is satisfied:

(a)  is a manufacturer, or repairer of, or dealer in, unregistered registrable vehicles, and

(b)  has suitable premises for the purpose.

(2)  A trader’s plate issued under this clause:

(a)  must conform to such specifications as the Authority may determine, and

(b)  must display:

(i)  the matter “NSW” and such words (if any) as the Authority may determine with the approval of the Minister, or

(ii)  the words “New South Wales” and such other words (if any) as the Authority may determine with the approval of the Minister.

46 Identification labels for trader’s plates

(1)  The Authority is to issue an identification label for a trader’s plate that indicates the period for which the trader’s plate is issued.

(2)  The identification label is to be in a form approved by the Authority.

47 Duplicate label

(1)  On the payment of the applicable gazetted fee, the Authority may issue a duplicate identification label if it is satisfied that the original identification label has been lost, destroyed, stolen, mutilated or defaced. The duplicate label is taken to be an identification label issued under clause 46 and the label that it replaces is void.

(2)  Before the Authority issues a duplicate label, it may:

(a)  require proof that the original identification label was lost, stolen or destroyed, or

(b)  in the case of a label that has been mutilated or defaced—require the original identification label to be surrendered to the Authority.

(3)  If a person issued with a duplicate identification label later recovers the identification label that it replaced, the person must, as soon as is practicable, notify the Authority of that fact and, unless otherwise directed by the Authority, surrender the original label to the Authority.

Maximum penalty (subclause (3)): 20 penalty units.

48 Use of vehicles with trader’s plates on road or road related area

For the purposes of section 18 (2) (b) of the Act, a registrable vehicle to which a trader’s plate is attached may be used on a road or road related area only if:

(a)  the identification label for the trader’s plate is affixed to the vehicle in accordance with clause 49, and

(b)  the use of the vehicle is an authorised use under clause 50.

49 Affixing of identification labels

The identification label for the trader’s plate is to be displayed in a holder attached to the trader’s plate in accordance with the following requirements:

(a)  the holder must be attached to the trader’s plate in such a manner that the label faces outward from the vehicle,

(b)  the holder must be made from transparent glass or other suitable material so that the label, when it is in the holder, is clearly visible to a person facing the label at a distance of 6 metres from the label.

50 Purposes for which trader’s plates may be used

(1)  Subject to subclause (2), the use of a registrable vehicle to which a trader’s plate is affixed on a road or road related area is an authorised use if:

(a)  the vehicle (or in the case of a trailer, the vehicle by which it is drawn) is conveying the trader to whom the plate has been issued, the trader’s authorised employee or the trader’s agent duly authorised in writing, and

(b)  the vehicle is being driven:

(i)  for a purpose connected with its manufacture or repair (including painting or any similar process) or connected with or incidental to dealing in the vehicle, or

(ii)  to the nearest convenient motor registry for registration by the most direct or convenient route, or

(iii)  for delivery at the address of a person who has acquired it from such a trader.

(2)  Nothing in subclause (1) authorises the use on a road or road related area of a registrable vehicle to which a trader’s plate is affixed for the carriage of a load unless:

(a)  the load is carried solely for the purpose of demonstrating to a genuine prospective purchaser the capacity of the vehicle for carrying a particular type of weight of loading, or

(b)  the vehicle is being driven by the most direct or convenient route to the premises of the trader to whom the plate has been issued from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of a registrable vehicle manufactured or purchased by such a trader for sale by the trader, or

(c)  the vehicle is a trailer specially constructed for the carriage of a boat and the loading consists solely of a boat, or

(d)  the vehicle weighs not more than 2 tonnes unladen and is being driven:

(i)  by the shortest practicable route to the premises of the trader from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of goods that are intended for the trader’s personal use or for use in his or her business as a trader, or

(ii)  solely for carrying spare parts (being spare parts for use in connection with the repair of registrable vehicles by such a trader) to the trader’s premises from a railway station or airport to which they have been consigned to the trader.

51 Unauthorised uses of identification labels

(1)  A person must not drive or allow to be driven, or be in charge of, a registrable vehicle to which a trader’s plate is attached on a road or road related area if the identification label attached to the trader’s plate:

(a)  has been altered, mutilated or defaced in any manner, or

(b)  is not clearly visible and legible, or

(c)  was issued for attachment to another trader’s plate, or

(d)  contains any incorrect particulars, or

(e)  is void, or

(f)  was issued for use in a period that has expired.

Maximum penalty: 20 penalty units.

(2)  A person must not alter or deface an identification label for a trader’s plate.

Maximum penalty: 20 penalty units.

(3)  A person must not lend or part with an identification label issued to the person under this Regulation, except as authorised by this Regulation.

Maximum penalty: 20 penalty units.

52 Trader to keep and produce record

A person to whom a trader’s plate for a registrable vehicle is issued must:

(a)  in respect of each occasion on which a registrable vehicle is driven on a road or road related area with the plate affixed—cause particulars to be entered in ink on a record in the form prescribed in Schedule 3, and

(a1)  keep any such record at the premises in which the person carries on the business in respect of which the trader’s plate was issued for at least 6 months after the record was made, and

(b)  produce any such record for the preceding 6 months for inspection when required so to do by:

(i)  the Authority, or

(ii)  any police officer.

Maximum penalty: 20 penalty units.

cll 52: Am 26.11.1999.

53 Questions regarding use of plate to be answered

Any driver or person in charge of a registrable vehicle to which a trader’s plate is affixed or any person to whom a trader’s plate has been issued must, when required so to do by any police officer, immediately answer truthfully all questions that are put to the person concerning the purpose for which the plate is used.

Maximum penalty: 20 penalty units.

54 Disposal or cessation of business

(1)  If any person sells or disposes of or ceases to carry on the business in respect of which a trader’s plate has been issued to the person, the person must immediately give written notification to the Authority of the sale, disposition or cessation of the business.

Maximum penalty (subclause (1)): 20 penalty units.

(2)  On the application by the person to whom the business has been sold or disposed of and the payment of the applicable scheduled fee, the Authority may transfer to the person the trader’s plate issued under this Regulation.

55 Return of trader’s plate

(1)  If the Authority is satisfied that a person has ceased for any reason to be entitled to hold a trader’s plate issued or transferred to the person, the Authority may request the person immediately to deliver the trader’s plate to the Authority.

(2)  Subject to subclause (1), any person to whom a trader’s plate has been issued or transferred must, not later than 14 days after the expiration of the period for which the trader’s plate was issued, deliver the trader’s plate to the Authority.

Maximum penalty (subclause (2)): 20 penalty units.

(3)  A person must not drive or allow to be driven or be in charge of any registrable vehicle on a road or road related area if there is affixed to or displayed upon the vehicle any trader’s plate that was issued for a period that has expired.

Maximum penalty (subclause (3)): 20 penalty units.

Chapter 5 Vehicle standards

Part 1 General requirements

56 Applicable vehicle standards

The applicable vehicle standards for a registrable vehicle are the requirements specified in Schedule 4 that apply to the vehicle.

57 Registrable vehicles to comply with vehicle standards specified in Schedule 4

(1)  A person must not use a registrable vehicle on a road or road related area unless:

(a)  the vehicle complies with the applicable vehicle standards for the vehicle, and

(b)  the vehicle and its parts and equipment are suitable for safe use and are in a thoroughly serviceable condition.

Maximum penalty: 20 penalty units.

(2)  Without limiting the liability of any other person under subclause (1), a registered operator (other than a registered operator using a vehicle in contravention of that subclause) of a registrable vehicle that is used in contravention of subclause (1) is also guilty of an offence under that subclause.

(3)  A person is not guilty of an offence under subclause (1) if:

(a)  the vehicle concerned is used on a road or road related area in accordance with a condition imposed on its use, given expressly or by necessary implication, by a police officer or the Authority under section 26 of the Act, or

(b)  the vehicle:

(i)  fails to comply with the dimension limits prescribed by Division 2 of Part 4 of Schedule 4, and

(ii)  is exempted from the dimension limits by the operation of clause 90, or

(c)  the vehicle is conditionally registered under this Regulation despite a failure to comply with an applicable vehicle standard for the vehicle and is used on a road or road related area in accordance with the conditions of registration, or

(d)  the vehicle concerned is used on a road or road related area in accordance with the conditions of an unregistered vehicle permit.

(4)  If any person employed by a registered operator of a registrable vehicle to drive the vehicle becomes aware that the vehicle is not in a safe and thoroughly serviceable condition to be used on a road or road related area, the person must:

(a)  prepare, as soon as is practicable, in duplicate, a report on a form supplied to the person for that purpose by the registered operator that includes the prescribed particulars, and

(b)  retain a copy of the report and, as soon as is practicable:

(i)  leave the other copy of the report with the registered operator, or

(ii)  if it is not practicable for the registered operator personally to take delivery of the report—leave the report for the operator with a person, or at a place, appointed by the operator for the purpose.

Maximum penalty (subclause (4)): 20 penalty units.

(5)  A registered operator of any registrable vehicle who employs any person to drive the vehicle must:

(a)  provide the driver with forms for the purposes of subclause (4) and appoint a person with whom or a place at which, any report referred to in that subclause may be left for the operator when it is not practicable for the registered operator to take delivery of it, and

(b)  retain a copy of any report left with or for the registered operator under subclause (4) for a period of 6 months from the date of the report, and

(c)  produce the report (or cause it to be produced) for inspection if requested to do so by a police officer or the Authority.

Maximum penalty (subclause (5)): 20 penalty units.

(6)  Nothing in subclause (4) or (5) affects the liability of any person under subclause (1) or (2).

(7)  In this clause:

prescribed particulars, in relation to a report referred to in subclause (4), means:

(a)  the date of the report, and

(b)  the registration number of the vehicle, and

(c)  a statement specifying which parts or equipment of the vehicle need, in the person’s opinion, to be repaired, replaced or adjusted to put the vehicle in a safe and thoroughly serviceable condition.

registrable vehicle includes a road train and any component vehicle of a road train and a B-double.

cll 57: Am 26.11.1999.

Part 2 Standards and certifications

58 Compliance with vehicle standards

(1)  The Authority may accept as evidence that a registrable vehicle complies with the applicable vehicle standards for the vehicle:

(a)  an identification plate relating to the vehicle, or

(b)  a certificate to that effect issued by the manufacturer of the vehicle, or

(c)  the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under a Maintenance Management Accreditation Scheme under Part 6 of Chapter 5, or

(d)  the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under a Non-national Maintenance Scheme approved by the Authority.

(2)  In the absence of evidence mentioned in subclause (1), the Authority may, on inspecting the registrable vehicle, issue a certificate to the effect that the vehicle complies with the applicable vehicle standards for the vehicle.

cl 58: Am 12.4.2001.

59 Non-complying and non-standard vehicles

A registrable vehicle that does not comply with the vehicle standards may be conditionally registered if the vehicle has:

(a)  an operations plate installed on it in accordance with clause 60, or

(b)  a certificate of approved operations issued in accordance with clause 60, or

(c)  an identification plate relating to the vehicle.

60 Installation of operations plates and the modification of vehicles

(1)  The Authority may authorise a person to install an operations plate on, or issue a certificate of approved operations for, a registrable vehicle that has been manufactured or modified in such a way that the vehicle does not comply with the applicable vehicle standards for the vehicle.

(2)  An operations plate installed on, or a certificate of approved operations issued for, a registrable vehicle must indicate:

(a)  any deficiencies in the vehicle’s operating characteristics, and

(b)  any conditions that should be applied to the vehicle’s registration.

(3)  A person who modifies, or adds components to, a registrable vehicle must ensure that:

(a)  if the vehicle complied with the applicable vehicle standards for the vehicle immediately before the modification or addition—the vehicle continues to comply with those standards, and

(b)  the modification or addition is certified by an authorised person as complying with the National Code of Practice for Heavy Vehicle Modifications (1993) published by the Federal Office of Road Safety as Vehicle Standards Bulletin No 6 or specification published by the Authority or is otherwise acceptable to the Authority.

Maximum penalty (subclause (3)): 20 penalty units.

Part 3 Inspections

Division 1 When vehicles may be inspected

61 Inspection of vehicles

(1)  The Authority or a police officer may require a person to present a registrable vehicle for inspection by the Authority or an authorised examiner at a time and place specified in a notice in writing served on the person if:

(a)  the person has control over the vehicle, or

(b)  the vehicle is registered and the person is a registered operator of the vehicle.

(2)  A person on whom a notice under subclause (1) has been served may, not later than 24 hours before the time specified in the notice, request the Authority or police officer to change the time or place of inspection.

(3)  The Authority or police officer must consider any request made under subclause (2) and must, if it is reasonable to do so, notify the person of any change in the time or place of inspection.

(4)  A person must comply with:

(a)  any notice served on the person under subclause (1), or

(b)  any notification given to the person under subclause (3).

Maximum penalty (subclause (4)): 20 penalty units.

cl 61: Am 30.6.2000.

62 Fees for certain inspections

(1)  If an applicable vehicle (other than a mourning coach, private hire car or wedding car) is inspected under clause 61, the Authority may require a registered operator of the vehicle to pay the applicable scheduled fee for the inspection.

(1A)  If a registrable vehicle is inspected under clause 61 to determine whether the vehicle’s exhaust emissions levels comply with this Regulation:

(a)  the Authority may require the registered operator of the vehicle to pay the applicable scheduled fee for the inspection, and

(b)  if the vehicle is an applicable vehicle and the inspection relates solely to determining whether the vehicle’s exhaust emissions levels comply with this Regulation—the registered operator of the vehicle is not required to pay the applicable scheduled fee for an inspection that is specified by subclause (1).

(2)  In this clause:

applicable vehicle means:

(a)  a motor lorry that is articulated, or

(b)  a motor lorry (not being an articulated motor lorry), including a tow truck that is not a trailer, with an unladen weight of 5 tonnes or more, or

(c)  a prime mover, or

(d)  a tow truck that is not a trailer with an unladen weight of less than 5 tonnes, or

(e)  a motor lorry (not being an articulated motor lorry or a tow truck) with an unladen weight of more than 2 tonnes but less than 5 tonnes, or

(f)  a trailer, including a trailer that is a tow truck, with an unladen weight of 2.5 tonnes or more, or

(g)  a trailer, that is a tow truck, with an unladen weight of less than 2.5 tonnes, or

(h)  a trailer (not being a trailer that is a tow truck) with an unladen weight of less than 2.5 tonnes, or

(i)  a registrable vehicle constructed principally to carry persons and:

(i)  equipped to seat more than 8 adult persons, or

(ii)  in respect of which payment is made for the conveyance of passengers on a road or road related area.

cl 62: Am 6.11.1998.

Division 2 Authorised examiners and inspection stations

63 Examiner’s authorities

(1)  The Authority may authorise in writing any person who, in its opinion, is suitably qualified and of suitable character:

(a)  to conduct inspections and tests of registrable vehicles at authorised inspection stations for the purposes of determining whether or not the vehicles are suitable for safe use or comply with the requirements of the Act and this Regulation, and

(b)  to issue inspection reports relating to those inspections.

(1A)  An examiner’s authority may be issued unconditionally or subject to such conditions as the Authority may consider appropriate in relation to the person or class of persons concerned.

(1B)  A condition of the kind referred to in subclause (1A) may be imposed when an examiner’s authority is issued, or at any time after it is issued, and may from time to time be amended or revoked.

(2)  An examiner’s authority:

(a)  applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and

(b)  remains in force until it is surrendered, suspended or cancelled, and

(c)  is to be issued in the manner and in the form approved by the Authority, and

(d)  is subject to any condition imposed by or under this clause or clause 65.

(3)  An examiner’s authority, or a duplicate of such an authority, must not be issued unless:

(a)  the applicant for the authority or duplicate has paid to the Authority the applicable scheduled fee for the issue of the authority, or

(b)  the Authority has exempted the applicant from payment of that fee.

(4)  The charge that may be made for the issue of an inspection report referred to in subclause (1) must not be more than the maximum charge for the time being specified by the Authority.

(5)  A person must not:

(a)  conduct an inspection or test of a registrable vehicle for the purpose of determining whether or not the vehicle is suitable for safe use or complies with the Act or this Regulation unless the person is the holder of an examiner’s authority, or

(b)  issue an inspection report relating to such an inspection unless the person is the holder of an examiner’s authority.

Maximum penalty (subclause (5)): 20 penalty units.

(6)  A person must not issue an inspection report if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.

Maximum penalty (subclause (6)): 20 penalty units.

cl 63: Am 5.3.1999.

64 Proprietor’s authorities

(1)  A person may be authorised in writing to use premises for the purpose of conducting inspections and tests of registrable vehicles by authorised examiners if the Authority is satisfied that:

(a)  the premises and the equipment on the premises are suitable for that use, and

(b)  the person is competent to carry out the responsibilities associated with using the premises for that purpose, and

(c)  the person, and each person specified in the application for the proprietor’s authority as being a person who will be involved in the use of the premises for that purpose, are of suitable character.

(1A)  A proprietor’s authority may be issued unconditionally or subject to such conditions as the Authority may consider appropriate in relation to the person or class of persons concerned.

(1B)  A condition of the kind referred to in subclause (1A) may be imposed when a proprietor’s authority is issued, or at any time after it is issued, and may from time to time be amended or revoked.

(2)  A person must not use premises for the purposes of conducting an inspection or test referred to in subclause (1) unless the person is the holder of a proprietor’s authority in force in respect of the premises.

Maximum penalty (subclause (2)): 20 penalty units.

(2A)  A person who uses premises for the purposes of conducting an inspection or test referred to in subclause (1) must not permit an inspection report to be issued from those premises in relation to any such inspection or test if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.

Maximum penalty (subclause (2A)): 20 penalty units.

(3)  A proprietor’s authority includes a licence under the Motor Vehicle Repairs Act 1980 and a licence under the Dangerous Goods Act 1975.

(4)  A proprietor’s authority:

(a)  applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and

(b)  remains in force until it is surrendered, suspended or cancelled, and

(c)  is (except in the case of a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980 or the Dangerous Goods Act 1975) to be granted, issued or refused (as the case requires) by the Authority, and if granted or issued, to be in the manner and form approved by the Authority, and

(d)  is subject to any condition imposed by or under this clause or clause 65.

(5)  A proprietor’s authority (other than a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980 or the Dangerous Goods Act 1975), or a duplicate of such an authority, must not be issued unless:

(a)  the applicant for the authority or duplicate has paid to the Authority the applicable scheduled fee for the issue of the authority, or

(b)  the Authority has exempted the applicant from payment of that fee.

cl 64: Am 5.3.1999; 2001 No 3, Sch 1.5 [1]–[3].

65 Authority may issue rules for the purposes of this Division

(1)  The Authority may issue rules, not inconsistent with the Act or this Regulation, relating to all or any of the following:

(a)  the inspection and testing of registrable vehicles to determine whether they are suitable for safe use or comply with the Act or this Regulation,

(b)  the issue of inspection reports,

(c)  the use of authorised inspection stations,

(d)  the furnishing of information as to persons involved in:

(i)  the conduct of inspections and tests of registrable vehicles at authorised inspection stations, or

(ii)  the use of authorised inspection stations for the purposes of conducting such inspections and tests.

(2)  The Authority may, from time to time, alter any rules so issued.

(3)  It is a condition of an examiner’s authority or proprietor’s authority that the holder of the authority comply with any rule in force under this clause that is issued to the person.

(4)  If:

(a)  a person, not being an authorised examiner or an authorised proprietor, requests a copy of any such rules, or

(b)  an authorised examiner, or an authorised proprietor, to whom a copy of those rules has been issued requests a further copy,

the Authority must issue such a copy or further copy on payment of the applicable gazetted fee. However, the Authority may issue a copy without fee in a particular case.

cll 65: Am 5.3.1999.

66 Books of inspection reports

On payment of the applicable gazetted fee, the Authority may issue a book of inspection reports to the holder of a proprietor’s authority.

67 Suspension or cancellation of examiner’s authorities and proprietor’s authorities

(1)  Subject to this clause and clause 68, the Authority may suspend or cancel an examiner’s authority or a proprietor’s authority if:

(a)  the holder has failed to comply with a condition to which the authority is subject, or

(b)  the Authority is, for any reason, of the opinion that the holder is not a fit and proper person to continue to hold the authority.

(1A)  Without limiting subclause (1) (b):

(a)  the Authority may form the opinion that the holder of an examiner’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the conduct of inspections and tests of registrable vehicles pursuant to the authority is not of suitable character, and

(b)  the Authority may form the opinion that the holder of a proprietor’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the use of an authorised inspection station pursuant to the authority is not of suitable character.

(2)  The Authority cannot suspend or cancel an examiner’s authority or a proprietor’s authority unless:

(a)  the Authority by notice in writing requests the person concerned to show cause why the authority should not be suspended or cancelled on the grounds specified in the notice, and

(b)  that person replies to the notice or fails to reply within 21 days from the date the notice was issued.

(3)  Subclause (2) does not apply to the suspension of an examiner’s authority or a proprietor’s authority if the Authority has reason to suspect that the holder of the authority wilfully failed to comply with any rule referred to in clause 65 and is likely to commit further breaches of those rules.

(4)  The holder of an examiner’s authority must not breach a condition of the authority.

Maximum penalty (subclause (4)): 20 penalty units.

cll 67: Am 5.3.1999.

68 Committee of review

(1)  The Authority is to appoint a committee of review to which the Authority may refer for consideration and report to the Authority any case where consideration is being given to the refusal, suspension or cancellation of an examiner’s authority or a proprietor’s authority.

(2)  The committee of review is to include:

(a)  a representative of the Authority, who is to be the chairperson of the committee, and

(b)  representatives of such organisations associated with trading in or servicing of registrable vehicles as the Authority considers appropriate.

(3)  The committee of review may determine its own procedure for dealing with cases referred to it by the Authority for consideration and report.

(4)  The committee of review must take into consideration any reply to a notice referred to in clause 67 (2) that is received by the Authority before the Authority refers the matter to which the notice relates to the committee.

(5)  The committee of review is to report to the Authority on any matter referred to it for consideration and must state in the report any recommendation that it wishes to make.

(6)  If members of the committee of review do not agree on the nature of a recommendation to be so stated, the committee must record the disagreement in its report and may state in the report more than one recommendation.

(7)  In determining any matter referred to in clause 67, the Authority is to have regard to the report of the committee of review but is not bound to follow any recommendation contained in the report.

69 Notification of decisions by Authority

(1)  If an application for the issue of an examiner’s authority or a proprietor’s authority is refused, or if an examiner’s authority or proprietor’s authority is suspended or cancelled, the Authority must notify the applicant or holder of the authority in writing of the refusal, suspension or cancellation and of the grounds for it.

(2)    (Repealed)

(3)  Subject to subclauses (4) and (6), the decision of the Authority to suspend or cancel an authority has effect on and from the date that is 21 days after the date on which the holder is notified.

(4)  Despite subclause (3), if the Authority has reason to suspect that the holder of an authority has wilfully failed to comply with any rule in force under clause 65 and is likely to commit further breaches of those rules, the decision of the Authority to suspend or cancel the authority may be expressed, in the instrument by which the holder is notified of the decision, to be effective on and from the date on which the holder is notified, and the decision has effect accordingly.

(5)  The date on which a holder is notified under this clause is:

(a)  if the notice is sent by mail—the date when the notice would be delivered in the ordinary course of post, or

(b)  if the notice is delivered to the holder personally—the date when it is so delivered.

(6)  Subject to subclause (4), if the holder of an authority appeals under Division 2 of Part 1 of Schedule 2 to the Road Transport (General) Regulation 1999 against a decision in respect of the suspension or cancellation of an authority, the decision has effect:

(a)  only if the court hearing the appeal confirms the decision or the appeal is withdrawn, and

(b)  subject to any variation of the decision made by that court, and

(c)  on the date on which that court confirms the decision, or on such later date (if any) as that court orders, or, if the appeal is withdrawn, on the date on which it is withdrawn.

(7)  If the decision to suspend or cancel an authority has effect, the holder must immediately deliver to the Authority any forms issued by the Authority in connection with the authority together with the authority itself.

(8)    (Repealed)

cl 69: Am 30.6.2000; 2001 No 3, Sch 1.5 [4] [5].

70, 71 (Repealed)

cll 70: Rep 30.6.2000.

cll 71: Rep 30.6.2000.

Part 4 Component identification numbers

72 Interpretation

In this Part:

component identification number, when used in relation to a part of a registrable vehicle, means the number and any accompanying letters or symbols stamped on or otherwise affixed to that part as a means of identifying the part (but does not include any casting number or any number used as a means of identifying a class of parts for manufacturing purposes).

vehicle part of a registrable vehicle means:

(a)  the engine of the vehicle, or

(b)  the engine block of the vehicle, or

(c)  in relation to a motor vehicle other than a motor bike—the chassis, chassis sub-frame or body of the vehicle, or

(d)  in relation to a motor bike—the frame or the crankcase of the motor bike.

73 Allotment of component identification numbers

(1)  The Authority may allot an engine number for a vehicle part of a registrable vehicle if:

(a)  there is no component identification number on the vehicle part of the vehicle or the component identification number of any such part appears to have been altered, defaced, removed or obliterated, and

(b)  the Authority is satisfied that such a number is necessary for the purpose of identifying the vehicle part.

(2)  The Authority may, by notice in writing, require the registered operator of any such vehicle to have the number it has allotted to the vehicle part concerned stamped on the part in such a position as the Authority may specify in the notice.

74 Altering component identification numbers of vehicle parts without authority

(1)  A person (other than a manufacturer) must not, without the written authority of the Authority and except in accordance with this Part, stamp or affix (or cause or permit any other person to stamp or affix) any component identification number on or to a vehicle part or a registrable vehicle.

Maximum penalty: 20 penalty units.

(2)  A person must not alter, deface, remove or obliterate any component identification number stamped on or otherwise affixed to a vehicle part of a registrable vehicle otherwise than in accordance with this Part.

Maximum penalty: 20 penalty units.

(3)  A person must not possess a vehicle part of a registrable vehicle knowing that the component identification number stamped on or otherwise affixed to the part has been altered, defaced, removed or obliterated otherwise than in accordance with this Part.

Maximum penalty: 20 penalty units.

75 Change or replacement of vehicle part

Any person who changes or replaces a vehicle part of a registrable vehicle must:

(a)  notify the Authority of such change or replacement within 14 days of the change or replacement, and

(b)  specify the following in the notification:

(i)  the date of the change or replacement,

(ii)  the registration number, if any, of the vehicle,

(iii)  the name and address of each registered operator of the vehicle,

(iv)  the make and component identification number of the vehicle part removed from the vehicle,

(v)  the make and component identification number of the vehicle part substituted for the original vehicle part,

(vi)  the name and address of the person from whom the substituted vehicle part was obtained, and

(c)  retain a copy of the notification in the person’s possession for a period of 6 months, and

(d)  produce a copy of any such notification for inspection if requested to do so by any police officer or the Authority.

Maximum penalty: 20 penalty units.

Note—

Section 50 of the Road Transport (General) Act 1999 empowers police officers to enter premises carrying out vehicle repairs for the purpose of tracing stolen motor vehicles and motor vehicle parts.

cl 75, note: Subst 1999 No 19, Sch 3.25 [3].

76 Interference with component identification number

The registered operator of a vehicle part may, if authorised in writing by the Authority, alter, deface, remove or obliterate any component identification number stamped on or otherwise affixed to the part.

Part 5 Vehicle defect notices

77 Issue of defect notices and formal warnings

(1)  A vehicle defect notice may be stated to be:

(a)  a major vehicle defect notice, if, in the reasonable opinion of the person issuing the notice, the further use of the registrable vehicle in road transport after the time specified in the notice would constitute an imminent and serious safety risk, or

(b)  a minor vehicle defect notice, if, in the reasonable opinion of the person issuing the notice, deficiencies in the registrable vehicle, if allowed to continue after the time specified in the notice, may constitute a safety risk.

Note—

Section 26 of the Act provides that a police officer or the Authority may issue a vehicle defect notice.

Safety risk is defined in the Dictionary to mean danger to a person, to property or to the environment.

(2)  A vehicle defect notice (whether a major or minor vehicle defect notice) must state:

(a)  the registrable vehicle’s registration details including the registration number, unregistered vehicle permit number (if practicable and applicable), expiry date and jurisdiction of registration, and

(b)  the name of the driver of the registrable vehicle or, if the driver is not present when the notice is issued, the term “registered operator”, and

(c)  to the extent practicable, the registrable vehicle’s identification details including its VIN, or if there is no VIN, the chassis number or engine number, its make and type, and

(d)  the type of inspection conducted, and

(e)  the details of the registrable vehicle’s defects and whether the notice is a major defect notice or a minor vehicle defect notice, and

(f)  the time and date after which the registrable vehicle is not to be used on a road or road related area, and

(g)  the means by which the registrable vehicle must be moved to another location following issue of the vehicle defect notice, and

(h)  the repair requirement, including the date by which repairs must be completed if the vehicle is to be used on a road or road related area, and

(i)  whether a penalty notice was also served in relation to the defect at that time, and

(j)  the name, official number or other identification of the person who issued the notice.

(3)  A person who issues a vehicle defect notice, must:

(a)  in the case of a registrable vehicle the driver of which is present—give the notice to the driver, and

(b)  in the case of a registrable vehicle that is unattended—cause the vehicle defect notice to be affixed to the vehicle, and

(c)  in the case of a major defect notice—cause a defective vehicle label to be affixed to the registrable vehicle.

(4)  A driver of a registrable vehicle (other than a registered operator of the vehicle) who is given a vehicle defect notice in accordance with subclause (3) must cause the notice to be sent to a registered operator of the vehicle.

(5)  A defective vehicle label must state:

(a)  the registrable vehicle’s registration number, and

(b)  the time and date after which the registrable vehicle is not to be used on a road or road related area, and

(c)  the means by which the registrable vehicle must be moved to another location following issue of the vehicle defect notice to which the label relates, and

(d)  the name, official number or other identification of the person who issued the notice, and

(e)  the date of issue of the label, and

(f)  the serial number of the defect notice to which the label relates.

(6)  If a person who is entitled to issue a vehicle defect notice considers that deficiencies in a registrable vehicle do not constitute a safety risk but should be remedied, the person may:

(a)  in the case of a registrable vehicle where the driver is present—give the driver a formal written warning, and

(b)  in the case of a registrable vehicle that is unattended—cause the formal written warning to be affixed to the vehicle.

(7)  A driver of a registrable vehicle who is given a formal written warning in accordance with subclause (6) must cause the warning to be sent to a registered operator of the vehicle.

78 Recording, clearance and withdrawal of vehicle defect notices

(1)  If a vehicle defect notice is issued under the Act, the Authority must record in the Register in relation to the vehicle:

(a)  the serial number of the notice, and

(b)  the date (if any) shown on the notice for the clearance of the vehicle unless that date is later than the date of any recorded certificate of inspection.

(2)  The Authority may conduct or require to be conducted an inspection for the purposes of considering whether the defects described in a vehicle defect notice have been rectified and that the registrable vehicle does not have any other defects.

(3)  A vehicle defect notice may be cleared by the Authority or an authorised person.

(4)  For the purposes of this Regulation, a vehicle defect notice is cleared when:

(a)  the Authority receives evidence, in a form approved by the Authority, that the registrable vehicle is no longer defective, and

(b)  in the case of a major defect notice—the Authority causes the defective vehicle label to be defaced or removed from the registrable vehicle.

(5)  A person must not deface or remove a defective vehicle label unless authorised to do so by the Authority.

Maximum penalty (subclause (5)): 20 penalty units.

(6)  On the vehicle defect notice being cleared, the Authority must make a record in the Register to the effect that the notice has been cleared.

(7)  A person who issues a vehicle defect notice may withdraw that notice at any time and must cause:

(a)  notice of the withdrawal to be sent to the person to whom the notice was issued, and

(b)  a record to be made in the Register to the effect that the vehicle defect notice has been withdrawn.

Part 6 Maintenance Management Accreditation Scheme

ch 5, pt 6 (cll 78A–78E): Ins 12.4.2001.

78A Application for accreditation

(1)  A registered operator of a heavy vehicle may apply to the Authority to be accredited under a Maintenance Management Accreditation Scheme.

(2)  An application for accreditation must be in a form approved by the Authority and be accompanied by the applicable scheduled fee.

ch 5, pt 6 (cll 78A–78E): Ins 12.4.2001.

78B Accreditation under Scheme

(1)  The Authority may accredit a registered operator under a Maintenance Management Accreditation Scheme in relation to one or more nominated heavy vehicles, if the Authority is satisfied that:

(a)  the operator is of suitable character and is competent to carry out the operator’s responsibilities under the Scheme, and

(b)  the nominated vehicles comply with the requirements of the Scheme.

(2)  An accreditation may be issued conditionally or unconditionally, as the Authority considers appropriate, in relation to the Scheme.

(3)  The Authority may refuse to accredit a registered operator if the Authority is not satisfied that the registered operator, or the relevant nominated vehicles, meet the requirements of the Scheme.

(4)  An accreditation has a duration of either 2 or 3 years, as may be specified in the instrument of accreditation.

ch 5, pt 6 (cll 78A–78E): Ins 12.4.2001.

79C Accreditation label

If the Authority accredits a registered operator under a Maintenance Management Accreditation Scheme, every nominated vehicle under that accreditation must be affixed with an accreditation label in the form and manner specified by the Authority.

ch 5, pt 6 (cll 78A–78E): Ins 12.4.2001.

78D Variation, suspension and cancellation of accreditation

(1)  Subject to this clause, the Authority may vary, suspend or cancel a registered operator’s accreditation under a Maintenance Management Accreditation Scheme, if:

(a)  the Authority is, for any reason, of the opinion that the operator is not a fit and proper person to continue to be accredited, or

(b)  the registered operator has failed to comply with a condition of the accreditation, or

(c)  a nominated vehicle of the registered operator does not comply with the requirements of the Scheme, or

(d)  a review of the operator’s activities reveals non-compliance with requirements of the Scheme.

(2)  Before varying, suspending or cancelling a registered operator’s accreditation under a Maintenance Management Accreditation Scheme on the ground referred to in subclause (1) (a), the Authority must give the operator notice in writing that advises the registered operator of:

(a)  the proposed decision and the reasons for it, and

(b)  the date that the proposed decision will take effect, and

(c)  the registered operator’s right to a review of the decision by one or more officers of the Authority appointed for the purpose (an internal review), and

(d)  the registered operator’s right, after an internal review is finalised, to appeal against the decision to a Local Court.

(3)  Before varying, suspending or cancelling a registered operator’s accreditation under a Maintenance Management Accreditation Scheme on a ground referred to in subclause (1) (b), (c) or (d), the Authority must give the operator notice in writing that advises the registered operator of:

(a)  the proposed decision and the reasons for it, and

(b)  the action to be taken by the operator to avoid the variation, suspension or cancellation and the date by which such action must be taken, and

(c)  the matters referred to in subclause (2) (c) and (d).

(4)  The notice referred to in subclause (3) must also advise the registered operator that if the action referred to in subclause (3) (b) is not taken by the date specified in the notice for that purpose, the variation, suspension or cancellation will then take effect.

(5)  A variation, suspension or cancellation takes effect:

(a)  in the case of a variation, suspension or cancellation on the ground referred to in subclause (1) (a)—on the date specified in the notice referred to in subclause (2), and

(b)  in the case of a variation, suspension or cancellation on a ground referred to in subclause (1) (b), (c) or (d)—if the action required to be taken to avoid the variation, suspension or cancellation has not been taken within the period specified in the notice referred to in subclause (3), at the end of that period.

(6)  However:

(a)  an application for an internal review of a decision to vary, suspend or cancel an accreditation that is duly lodged in accordance with clause 78E operates as a stay of the decision pending the determination of the review, and

(b)  a notice of appeal against a decision to cancel an accreditation that is duly lodged in accordance with clause 10A of Schedule 2 to the Road Transport (General) Regulation 1999 operates as a stay of the decision pending the determination of the appeal.

ch 5, pt 6 (cll 78A–78E): Ins 12.4.2001.

78E Internal review of variation, suspension or cancellation of accreditation

(1)  Any registered operator aggrieved by a decision of the Authority to vary, suspend or cancel the registered operator’s accreditation under a Maintenance Management Accreditation Scheme may apply for an internal review of the decision under this clause (an internal review).

(2)  An application for an internal review is:

(a)  to be in writing in the form approved by the Authority, and

(b)  to specify an address in Australia to which a notice under subclause (7) may be sent, and

(c)  to be lodged with the Authority within 28 days after the registered operator was given the notice under clause 78D of the decision to vary, suspend of cancel the operator’s accreditation, and

(d)  to comply with such other requirements as may be set out in the approved form in respect of the making of applications for internal reviews.

(3)  An application for an internal review is to be dealt with by an officer or a panel of two or more officers of the Authority (other than the officer who made the original decision) who are directed to do so by the Authority (the internal review officer or panel).

(4)  In reviewing a decision, the internal review officer or panel is to consider any relevant material submitted by the registered operator.

(5)  Following the internal review of the decision, the internal review officer or panel may:

(a)  confirm the decision, or

(b)  vary the decision, or

(c)  set aside the decision and make an alternative decision.

(6)  In exercising a function under this clause, an internal review officer or panel is taken to have the functions of the officer who made the decision being reviewed.

(7)  As soon as practicable (and in any event within 28 days) after the completion of an internal review of a decision, the Authority must notify the registered operator in writing of:

(a)  the outcome of the internal review, and

(b)  the reasons for the decision in the internal review, and

(c)  the right of the registered operator to appeal against the decision to the Local Court.

(8)  If the Authority does not notify the registered operator of the outcome of the review within 28 days after the application for the internal review has been lodged (or such other period as the Authority and registered operator have agreed on), the decision being reviewed is taken to be confirmed.

(9)  An internal review is taken to be finalised if:

(a)  the registered operator is notified of the outcome of the review under subclause (7), or

(b)  the decision being reviewed is taken to be confirmed under subclause (8).

(10)  A person is not entitled to a review under this clause of any decision previously reviewed under this clause.

ch 5, pt 6 (cll 78A–78E): Ins 12.4.2001.

Chapter 6 Charges, fees and refunds

79 Fees

(1)  The applicable scheduled fee for a service provided by the Authority under this Regulation is the fee specified for that service in Schedule 2.

(2)  The applicable gazetted fee for a service provided by the Authority or in connection with a number-plate (or class of service or number-plate) is the fee fixed for it (or for the class) by the Authority under section 8 of the Act in accordance with subclause (3).

Note—

Section 8 (1) (k) of the Act enables the Authority to fix fees in connection with registration and the issue and use of number-plates in accordance with the regulations. Section 8 (2) of the Act requires details of any such fees to be published in the Gazette.

(3)  The Authority may fix a fee under section 8 (1) (k) of the Act only if:

(a)  the fee is fixed with the approval of the Minister, and

(b)  a fee is not already prescribed by Schedule 2 for the same class of matter.

(4)  The Authority may, in such cases as it thinks fit, reduce the applicable scheduled fee in respect of the registration or renewal of registration of a registrable vehicle the subject of an alternative vehicle maintenance scheme approved by the Authority.

(5)  The maximum amount of the reduction referred to in subclause (4) is:

(a)  in the case of a fee payable for registration or renewal of registration for a period exceeding 3 months—the whole of the amount of the inspection fee that would be payable for the inspection of the registrable vehicle were such an inspection to be conducted under clause 61, or

(b)  in the case of a fee payable for registration or renewal of registration for a period of 3 months or less—one quarter of the amount of the inspection fee that would be payable for the inspection of the registrable vehicle were such an inspection to be conducted under clause 61.

(6)    (Repealed)

cl 79: Am 30.6.2000.

80 Refunds of fees

(1)  The Authority may make a partial refund of any applicable scheduled fee or applicable gazetted fee paid in respect of a registrable vehicle if:

(a)  the Authority approves an application for the surrender of the registration of the vehicle, or

(b)  the Authority cancels the registration of the vehicle and notification of that cancellation has been received by a registered operator.

(2)  A partial refund of an applicable administrative fee in relation to a registrable vehicle is calculated using the formula:

 
where:

number of days is the number of unexpired whole days of the registration period of the vehicle, from the date on which the Authority approves an application for surrender made under clause 41 (4) (a) or cancels the registration of the vehicle concerned.

fee is the amount of the applicable scheduled fee or applicable gazetted fee.

(2A)  The Authority may refund (in whole or in part) any applicable gazetted fee paid (whether before or after the commencement of this subclause) by an applicant under clause 11 if the Authority is of the opinion that:

(a)  the applicant was the registered operator of a registrable vehicle that was destroyed or rendered beyond repair as a consequence of damage caused to the vehicle by an occurrence that gave rise to an emergency, and

(b)  the vehicle to which the application related was a replacement for the damaged vehicle, and

(c)  in the circumstances of the case it would be appropriate to refund the fee.

(3)  The Authority may deduct from a refund of an applicable scheduled fee or applicable gazetted fee the amount of any unpaid fees incurred in respect of the vehicle.

(4)  If an amount of refund determined in accordance with subclause (2) would comprise an amount which is not a whole number of dollars, the amount of refund is to be adjusted downwards to the next whole number of dollars.

(5)  In this clause:

emergency has the same meaning as it has in clause 11.

cl 80: Am 28.5.1999.

81 Registration charges

(1)  The registration charge for a vehicle is:

(a)  in relation to a heavy vehicle—the amount payable as a registration charge under the Road Transport (Heavy Vehicles Registration Charges) Act 1995, or

(b)  in relation to a light vehicle—the amount payable as motor vehicle tax under the Motor Vehicles Taxation Act 1988.

(2)  A heavy vehicle must be registered as an individual vehicle or a towing unit in a category under the Road Transport (Heavy Vehicles Registration Charges) Act 1995.

82 Exemption for eligible pensioners

(1)  A registrable vehicle that is owned solely by an eligible pensioner or jointly owned by 2 or more eligible pensioners is exempt from an administrative fee only if:

(a)  it is not used in the course of any trade, business or profession or let out for hire, and

(b)  it is used solely or principally by the pensioner or pensioners, and

(c)  it is used substantially for social or domestic purposes or for pleasure, and

(d)  it is a vehicle or a vehicle of a class or description of vehicles approved for the time being by the Authority.

(2)  Except as provided by subclause (3), an eligible pensioner is entitled to an exemption from administrative fees in respect of one vehicle only.

(3)  An eligible pensioner is entitled to an exemption from administrative fees in respect of 2 vehicles if the pensioner and another eligible pensioner are the joint registered operators of the vehicles and the pensioners are married to each other or reside in the same household.

(4)  In this clause:

administrative fee means an applicable gazetted fee or applicable scheduled fee for the registration or renewal of registration of a pensioner’s registrable vehicle.

83 Refund of sums paid for special number-plates

(1)  If a fee has been paid under clause 21 for special number-plates and those number-plates are subsequently surrendered or one or both of the number-plates are lost, stolen or destroyed, the Authority may refund an amount calculated in accordance with the formula set out in subclause (2) to a person who:

(a)  if the number-plates are transferred under clause 26—is the person who makes an application under that clause, or

(b)  if the person to whom the number-plates were issued or transferred has died—makes application and proves to the satisfaction of the Authority that he or she is reasonably entitled to the refund, or

(c)  if a statement in writing as to the loss, theft or destruction of the number-plate or number-plates is made in accordance with clause 29—is the person who makes that statement, or

(d)  if a registered operator of the vehicle applies to the Authority for cancellation of the registration—is the person who makes that application.

(2)  The amount of refund is calculated in accordance with the formula:

 
where:

R is the amount of refund.

F is the amount of the fee that has been paid under clause 21.

M is the number of whole days remaining in the unexpired period of the registration to which the number-plates relate.

T is the total number of whole days of the period of registration to which the number-plates relate.

(3)  If an amount of refund determined in accordance with subclause (2) would comprise an amount which is not a whole number of dollars, the amount of refund is to be adjusted downwards to the next whole number of dollars.

83A Waiver of fee for number-plates

The Authority may waive or postpone (whether wholly or in part) the payment of the applicable gazetted fee for the issue of any number-plates if the Authority is of the opinion that it is appropriate to do so.

cl 83A: Ins 26.11.1999.

83B Exemption, waiver or refund of Maintenance Management Accreditation Scheme application fee

The Authority may, for such reason as the Authority considers sufficient, exempt a person from the application fee referred to in clause 78A (2), or waive or wholly or partly refund a fee that would be otherwise payable or has been paid in accordance with that subclause.

cl 83B: Ins 12.4.2001.

Chapter 7 Miscellaneous

Part 1 Offences

84 Use of vehicle offences

(1)  A person must not use, or permit the use of, a registrable vehicle that is conditionally registered in breach of a condition of registration.

Maximum penalty: 20 penalty units.

(2)  A person must not use, or permit the use of, a registrable vehicle in breach of a condition of a defect notice.

Maximum penalty: 20 penalty units.

(3)  A person must not cause or permit another person to use an unregistered registrable vehicle (other than a vehicle that has had its registration suspended) on a road or road related area.

Maximum penalty: 20 penalty units.

(3A)  A person must not cause or permit another person to use a registrable vehicle that has had its registration suspended on a road or road related area unless that use has been authorised by the Authority.

Maximum penalty: 20 penalty units.

(4)  For the purposes of section 18 (2) (b) of the Act, the use of a registrable vehicle on a road or road related area during any period in which its registration has been suspended by the Authority is permitted if that use has been authorised by the Authority.

cll 84: Am 26.11.1999.

85 Number-plate and registration certificate and label offences

(1)  The driver of a registrable vehicle is guilty of an offence if the vehicle is used on a road or in a road related area:

(a)  without bearing number-plates affixed and displayed in accordance with this Regulation, or

(b)  with a number-plate affixed that was not issued by the Authority or was not issued for that vehicle, or

(c)  with a number-plate obscured, defaced, or otherwise not legible or displayed contrary to the requirements of clause 24 (1), or

(d)  with the registration label obscured, defaced, or otherwise not legible, or not displayed or affixed in accordance with this Regulation, or

(e)  with a registration label that has expired.

Maximum penalty: 20 penalty units.

(2)  The driver of a registrable vehicle is guilty of an offence if the vehicle is used on a road or in a road related area displaying:

(a)  an altered number-plate or registration label, or

(b)  the representation of a number-plate or registration label:

(i)  other than a number-plate or registration label issued in accordance with this Regulation or another law, and

(ii)  that is likely to be mistaken for a number-plate or registration label displayed in accordance with this Regulation.

Maximum penalty: 20 penalty units.

(3)  The registered operator of a registrable vehicle (other than the driver of the vehicle) used in contravention of subclause (1) or (2) is also guilty of an offence if it is proved that the operator caused, permitted, allowed or failed to take reasonable precautions to prevent the contravention.

Maximum penalty: 20 penalty units.

(4)  This clause does not apply to the use of trader’s plates.

cll 85: Am 26.11.1999.

86 Notification offences

(1)  A person must provide notification to the Authority as required by this Regulation.

Maximum penalty: 20 penalty units.

(2)  Subclause (1) does not apply to a notification requirement under a provision of this Regulation for the contravention of which a maximum penalty is prescribed by the provision.

(3)  A person must not provide false or misleading information to the Authority about the location of the garage address of a registrable vehicle.

Maximum penalty: 20 penalty units.

Part 2 Disposal of forfeited vehicles

87 How forfeited vehicles may be disposed of under section 27 of the Act

(1)  For the purposes of section 27 (6) of the Act, a forfeited vehicle may be disposed of by public auction or public tender.

(2)  For the purposes of section 27 (6) of the Act, the vehicle may be disposed of otherwise than by sale if the Authority is satisfied on reasonable grounds that the vehicle has no monetary value or that the proceeds of sale would be unlikely to exceed the costs of sale.

(3)  If a forfeited vehicle offered for sale is not sold, the Authority may dispose of the forfeited vehicle otherwise than by sale.

88 Proceeds of sales of vehicles seized under section 27 of the Act

(1)  For the purposes of section 27 (7) of the Act, if a forfeited vehicle is sold in accordance with clause 87 the Authority holds the net proceeds of sale (if any) of the vehicle for the person who was the owner of the vehicle immediately before its sale.

(2)  An application for payment of the net proceeds of sale may be made to the Authority at any time within 12 months after the forfeited vehicle was sold.

(3)  The Authority must pay the net proceeds of sale to the applicant if satisfied that the applicant is entitled to the proceeds.

Note—

The applicant need not be the owner.

(4)  If no application is made within that 12 month period, the Authority may transfer the net proceeds of sale to such of its funds as it considers appropriate. The money then becomes the property of the Authority.

(5)  In this clause:

net proceeds of sale means the proceeds (if any) of a sale of a forfeited vehicle remaining after deduction of:

(a)  the expenses of sale, and

(b)  the fees, charges, taxes and fine that the Authority could have allowed under section 27 (5) of the Act for the waiver of the forfeiture.

Part 3 Other provisions

89 More than one person may be recorded as registered operator of light vehicle

(1)  For the purposes of section 23A (1) of the Act, the name of more than one person (but no more than 2 persons) may be recorded in the Register as a registered operator of a light vehicle either at the time the vehicle is first registered or subsequently.

(2)  If a light vehicle is currently registered in the name of another person, the Authority may record an additional person as a registered operator of the vehicle, but only if it first approves an application by the additional person for the partial transfer of the registration of the vehicle.

(3)  For the purposes of this clause, the Authority may approve an application for the transfer of registration only if:

(a)  the application is signed by each existing registered operator as indicated on the application form, and

(b)  the application is accompanied by any duty payable under applicable stamp duty legislation and the applicable scheduled fee for transfer of registration of the vehicle, and

(c)  the person provides such information and supporting evidence as the Authority may require, and

(d)  the Authority is satisfied that, had the vehicle been sold to the person and clauses 34–36 been complied with, it would not have refused to transfer the registration of the vehicle to the person under clause 38.

(4)  If the Authority records an additional person as a registered operator of a registrable vehicle after approving the person’s application for the transfer of registration, the Authority must issue a new certificate of registration bearing the names of both the existing registered operator and the additional registered operator.

(5)  Subject to this Regulation, if more than one person is recorded as a registered operator of a light vehicle:

(a)  any right, liability or obligation conferred or imposed on a registered operator of the registrable vehicle by the relevant legislation is taken to be conferred or imposed on each person recorded, and

(b)  each person recorded is taken to have complied with any obligation imposed by the relevant legislation if any one of the persons recorded has (whether personally or through an agent) complied with the obligation, and

(c)  the Authority is taken to have complied with any obligation to give notice to the registered operator of the vehicle that is imposed by the relevant legislation if it notifies any one or more of the persons recorded.

(6)  In this clause, relevant legislation has the same meaning as it has in section 23A of the Act.

90 Application of Road Transport (Mass, Loading and Access) Regulation 1996

(1)  A vehicle is exempted from a dimension limit or any other requirement of this Regulation if the person or vehicle is exempted from that limit or requirement by or under a provision of the Road Transport (Mass, Loading and Access) Regulation 1996.

(2)  A breach of this Regulation is to be disregarded in any prosecution if it is to be disregarded under the Road Transport (Mass, Loading and Access) Regulation 1996.

(3)  In this clause:

dimension limit means a provision of this Regulation that limits or otherwise regulates the dimensions of any registrable vehicle (or any load or projection of the vehicle).

91 Special provisions relating to boat trailers

(1)  Any trailer constructed or that is being used for the conveyance of a boat is taken to comply with an affixing provision if the affixed item is securely affixed to a removable panel or panels, constructed of wood, metal or other suitable material and such panel or panels are:

(a)  whilst a boat is being carried on the trailer—securely affixed to the boat in such a manner that the affixed item is in a position and is facing in a direction which would comply with the provisions of this Regulation if the boat comprised part of the trailer, and

(b)  whilst a boat is not being carried on the trailer—securely affixed to the trailer in such a manner that the affixed item is in a position and is facing in a direction which complies with the provisions of this Regulation.

(2)  In this clause:

affixing provision means any provision of this Regulation relating to:

(a)  the affixing of and any fitting for a number-plate or trader’s plate or a registration label or a holder for such a label, or

(b)  the affixing of and any fitting for any light, reflector or flashing light turn signal required or permitted by this Regulation to be fitted to the trailer.

affixed item, in relation to an affixing provision, means any number-plate, fitting for the number-plate, trader’s plate, registration label, holder for a registration label, light, reflector or flashing light turn signal to which the affixing provision applies.

91A Seizure of number-plates under section 27C of Act

For the purposes of section 27C (b) of the Act, clause 84 (3) and (3A) is prescribed.

cl 91A: Ins 26.11.1999.

92 Delegation of Authority’s powers

For the purposes of section 12 of the Act, the following persons to whom the Authority may delegate all or any of its powers under the Act or this Regulation are prescribed:

(a)  a statutory corporation,

(b)  the holder of a statutory office,

(c)  an officer or employee of a government department or statutory corporation,

(d)  a police officer,

(e)  a local council,

(f)  any other person who, in the opinion of the Authority, has appropriate qualifications for the exercise of the power delegated.

93, 94 (Repealed)

cll 93: Rep 26.11.1999.

cll 94: Rep 26.11.1999.

95 Savings and transitional provisions

Schedule 6 has effect.

Schedule 1 Application of Act and Regulation

(Clause 4)

Part 1 General

1 Definitions

In this Schedule:

registration provisions means the provisions of this Regulation concerning the registration of registrable vehicles (including the issue and use of number-plates and the use of unregistered vehicles).

2 Suspension of exemptions

(1)  The Authority may suspend, either indefinitely or for such period as it thinks fit, the operation of clauses 9 and 11 of this Schedule in relation to any registrable vehicle to which any of those clauses would, but for this subclause, apply if, having regard to any of the matters referred to in clause 42 (1) and (2) of this Regulation, the Authority considers such action desirable in the public interest.

(2)    (Repealed)

3 Application of section 18 of Act to Part 2 vehicles

For the purposes of section 18 (2) (b) of the Act, the use of a vehicle referred to in Part 2 on a road or road related area is permitted under this Regulation.

Part 2 Vehicles not subject to registration provisions

4 Vehicles on tow trucks

The registration provisions do not apply to a registrable vehicle under tow by a tow truck operating as a tow truck.

5 Vehicles used for work on farms

(1)  The registration provisions do not apply to:

(a)  an agricultural implement towed by another vehicle, or

(b)  a trailer towed by an agricultural machine operating as an agricultural machine.

(2)  In this clause:

agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks.

agricultural machine means a machine with its own automotive power, built to perform agricultural tasks.

Note—

Examples of agricultural implements are irrigating equipment, augers, conveyors, harvester fronts, harvest bins and machinery fully carried on the three-point linkage of a tractor.

Examples of agricultural machinery are tractors and harvesters.

6 Vehicles using roads or road related areas to a limited extent in context of primary production

The registration provisions do not apply to any registrable vehicle that is not used on any road or road related area other than for the purpose of being driven across any such road or area when travelling from or to land that is being used solely or mainly for the purpose of primary production.

7 Trailers used for roadmaking and other public works

The registration provisions do not apply to any trailer (not being a vehicle constructed, or used, primarily for the conveyance of any goods or materials, or a caravan being used for tours for recreation purposes) that is hauled by a motor vehicle that is registered and is used solely:

(a)  for the purposes of road construction, maintenance (including cleansing, sweeping, watering or any similar process) or repair, or

(b)  on a public park or on land dedicated or reserved from sale by the Crown for public health, recreation, enjoyment or other public purposes of a like nature, or on land owned by or leased to or vested in a local council or the Crown, for rolling tennis courts, cricket wickets, lawns or pathways or improving the surface of the ground or for similar work, and not let out on hire,

and which is not used on any road or road related area otherwise than while at, or proceeding to or returning from, the place where the road construction, maintenance or repair or other work is performed.

8 Golf and green keeping vehicles used on roads or road related areas

(1)  The registration provisions do not apply to any golf vehicle or green keeping vehicle being driven directly across a road or road related area that intersects with or traverses a golf course if the vehicle:

(a)  is being used in the course of, or as an incident to, a game of golf or to observe any such game, or

(b)  is proceeding to or from the golf course to be used for or in connection with the rolling or maintenance or surface improvement of any part of the golf course, or

(c)  is proceeding to or from a car park or storage building that is separated from the golf course by the road or road related area.

(2)  In this clause:

golf course means an area of land (which includes tees, fairways, greens, rough, pathways, bunkers and bridges) designed and used for the playing of golf.

golf vehicle means:

(a)  a motorised buggy or cart that is designed and used to carry any golfer, spectator or golfing equipment on a golf course, or

(b)  a motor bike having an engine capacity not exceeding 50 ml that is used to carry a golfer, spectator or golf equipment on a golf course, or

(c)  any trailer that is being drawn by any such vehicle.

green keeping vehicle means any vehicle used solely or principally for or in connection with the rolling or maintenance or surface improvement of any part of a golf course.

9 Vehicles temporarily in New South Wales

(1)  The registration provisions do not apply to a registrable vehicle that:

(a)  is temporarily in New South Wales, and

(b)  is:

(i)  registered in another State or a Territory or in a foreign country, or

(ii)  if unregistered—permitted to be used in accordance with an interstate permit law or interstate trader’s plate law,

if it meets the requirements of subclause (2).

(2)  The requirements to be met by a registrable vehicle referred to in subclause (1) are:

(a)  that the vehicle carry, conspicuously displayed in the required manner and condition, all number-plates and labels that it is at that time required to carry:

(i)  in the case of a vehicle registered outside this jurisdiction in the other State, Territory or country in which it is registered, or

(ii)  in the case of an unregistered vehicle permitted to be used in another State or a Territory in that State or Territory,

under a law of that State, Territory or country, as the case may be, and

(b)  in the case of a vehicle described in subclause (1) (b) (ii)—that the vehicle is used in accordance with any conditions of any permit or other authority that apply in the State or Territory, so far as they are capable of being applied to the use of the vehicle outside that State or Territory.

(3)  In this clause:

interstate permit law means a law of another State or Territory that substantially corresponds to the provisions of this Regulation concerning unregistered vehicle permits.

interstate trader’s plate law means a law of another State or a Territory that substantially corresponds to the provisions of this Regulation concerning trader’s plates.

10 Vehicles registered under the Interstate Road Transport Act 1985 (Cth)

The registration provisions do not apply to any registrable vehicle registered under the Interstate Road Transport Act 1985 of the Commonwealth and on which is clearly displayed as required by or under that Act the number allotted and the current registration label issued in respect of the vehicle’s registration:

(a)  while carrying passengers or goods between prescribed places within the meaning of that Act, or

(b)  while being driven or left standing for any purpose that is incidental to the carriage of passengers or goods between those places.

11 Trailers registered in Victoria

(1)  The registration provisions do not apply to any trailer (other than a trailer used to carry a boat) that:

(a)  satisfies the prescribed requirements, and

(b)  is being towed by a motor vehicle that is registered in Victoria, and

(c)  if it obscures the number-plate of that motor vehicle—displays (whether by painting or otherwise) on its rear the registration number of the vehicle so that the number is clearly distinguishable at a distance of 20 metres from the rear.

(2)  In this clause:

prescribed requirements, in relation to a trailer, means that the trailer:

(a)  is not used in the course of trade, and

(b)  is exempt from registration in Victoria, and

(c)  weighs less than 200 kilograms unladen, and

(d)  has a manufactured width that does not exceed the width of the vehicle towing the trailer, and

(e)  is of a length (including the draw bar and any load) that does not exceed 3 metres.

12 Vehicles used to fight rural fires

The registration provisions do not apply to any registrable vehicle that is used on a road or road related area only if the vehicle:

(a)  is attached to a rural fire brigade formed under the Rural Fires Act 1997 and has painted on it, or securely affixed to it, a sign clearly identifying the rural fire brigade to which it is attached, and

(b)  is used to convey persons or equipment to or from the work of preventing, mitigating or suppressing fires in rural fire districts (including clearing fire breaks or removing inflammable material), and

(c)  is travelling on the public street for the purpose referred to in paragraph (b) or any of the following purposes:

(i)  to attend a fire, incident or other emergency in accordance with the Rural Fires Act 1997,

(ii)  to assist other emergency services organisations at incidents and at emergencies under the control of those organisations,

(iii)  to convey persons or equipment for the purpose of training those persons in relation to any of the purposes referred to in this paragraph,

(iv)  for a purpose necessary or incidental to the service or repair of the vehicle,

(v)  to perform such other functions of the NSW Rural Fire Service as the Commissioner of the NSW Rural Fire Service or a fire control officer within the meaning of the Rural Fires Act 1997 may approve for the purposes of the exemption.

13 Police vehicles

The registration provisions do not apply to any registrable vehicle that is being used in connection with police work and to which is affixed a number-plate issued by the Authority for the purpose of being substituted for the number-plate that would otherwise be required to be affixed to the vehicle by this Regulation.

14 Lawn mowers

The registration provisions do not apply to any registrable vehicle, weighing not more than 250 kg when unladen, that is constructed or used solely for cutting grass or for purposes incidental to cutting grass.

15 Pedal cycles

The registration provisions do not apply to any registrable vehicle comprising a pedal cycle to which is attached one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts.

16 Vehicles used by certain disabled persons

The registration provisions do not apply to any registrable vehicle that:

(a)  is specially constructed to be used, and while on a road or road related area is used, solely for the conveyance of a person with a disability that substantially impairs the person’s mobility, and

(b)  weighs not more than 110 kg when unladen, and

(c)  is not capable of travelling at more than 10 km/h.

17 Vehicles being driven to registration and associated places

(1)  The registration provisions do not apply to any registrable vehicle while it is being driven for the purpose of obtaining registration of the vehicle by the most direct or convenient route:

(a)  to the nearest convenient motor registry, or

(b)  to the nearest convenient vehicle inspection station or authorised inspection station to determine whether the registrable vehicle complies with the applicable vehicle standards for that vehicle, or

(c)  in the course of inspection or testing of the motor vehicle for the purpose of making the determination referred to in paragraph (b), or

(d)  to the nearest practicable weighbridge to determine the weight of the motor vehicle, or

(e)  from a motor registry or from a vehicle inspection station where registration of the vehicle has been refused for any purpose, except where the condition of the vehicle is such that a direction has been issued that the vehicle must not be driven on a road or road related area before necessary repairs are effected, to the nearest convenient place at which necessary repairs and adjustments to the vehicle may be effected or at which the vehicle may be garaged, or

(f)  from an authorised inspection station to the nearest convenient place at which necessary repairs and adjustments to the vehicle may be effected or at which the vehicle may be garaged, or

(g)  to the nearest convenient office of a licensed insurer under the Motor Accidents Act 1988 for the purpose of obtaining third party insurance for the vehicle in accordance with that Act, or

(h)  to the nearest convenient location for any other purpose directly associated with the registration process.

(2)  Subclause (1) does not apply to a heavy vehicle returning from any such registration or inspection location.

(3)  The registration provisions do not apply to a registrable vehicle that:

(a)  is being driven for the purpose of obtaining an unregistered vehicle permit, and

(b)  is proceeding by the most direct or convenient route to the nearest place at which a permit can be obtained under this Act,

until it reaches that place.

(4)  In this clause, direct or convenient route includes the route to the nearest place at which the registrable vehicle can be weighed or inspected for the purpose of obtaining registration.

18 Vehicles that are being inspected

The registration provisions do not apply to any registrable vehicle the registration of which has expired but to which the number-plates are still affixed while the vehicle is being driven by an authorised examiner to determine whether the vehicle complies with the applicable vehicle standards for the vehicle.

Part 3 Vehicles to which Act does not apply

19 Light rail vehicles

The Act does not apply to any light rail vehicle.

20 Self-propelled elevating work platforms

(1)  The Act does not apply to a self-propelled elevating work platform.

(2)  In this clause:

self-propelled elevating work platform means a self-propelled vehicle used for construction, maintenance or warehouse operations that is:

(a)  designed mainly for use outside a road or road related area, and

(b)  not capable of travelling at a speed in excess of 10km/hr, and

(c)  only being used for the purpose for which it is manufactured, and

(d)  not being used for transport on a road or road related area other than for the purposes of loading or unloading the vehicle on to another vehicle or repositioning the vehicle at a work site.

sch 1: Am 26.2.1999; 1999 No 19, Sch 3.25 [4]; 26.11.1999; 2000 No 104, Sch 2.1.

Schedule 2 Scheduled fees

(Clause 79)

Provision	Fee category	Amount $
Clauses 11 (1) (c) and 32 (1) (b)	1  Registration or renewal of registration of a motor vehicle or trailer for a period exceeding 3 months in the case of:
	(a)  a motor vehicle (not being a motor vehicle referred to in paragraph (b), (c), (d), (e) or (f))	43
	(b)  a public passenger vehicle:
	(i)  in the case of a bus (not being a bus registered in the name of the State Transit Authority) or other vehicle with an unladen weight of 5 tonnes or more equipped to seat more than 8 adult persons	267
	(ii)  in the case of a bus (not being a bus registered in the name of the State Transit Authority) or other vehicle with an unladen weight of less than 5 tonnes equipped to seat more than 8 adult persons	155
	(iii)  in the case of a taxi-cab (not being a taxi-cab licensed under the Passenger Transport Act 1990 to operate in a transport district within the meaning of the Transport Administration Act 1988)	155
	(iv)  in the case of any other public passenger vehicle (not being a mourning coach, private hire car or wedding car)	155
	(c)  an articulated motor lorry	223
	(d)  a motor lorry (not being an articulated motor lorry), including a tow truck that is not a trailer, with an unladen weight of 5 tonnes or more or a prime mover	155
	(e)  a trailer, including a trailer that is a tow truck, with an unladen weight of 2.5 tonnes or more	109
	(f)  a tow truck that is not a trailer, with an unladen weight of less than 5 tonnes or a trailer, that is a tow truck, with an unladen weight of less than 2.5 tonnes	99
Clauses 11 (1) (c) and 32 (1) (b)	2  Registration or renewal of registration of a motor vehicle or trailer for a period not exceeding 3 months in the case of:
	(a)  a motor vehicle referred to in item 1 (a)	17
	(b)  a motor vehicle referred to in:
	item 1 (b) (i)	73
	item 1 (b) (ii)	45
	item 1 (b) (iii)	45
	item 1 (b) (iv)	45
	(c)  a motor vehicle or trailer referred to in:
	item 1 (c)	62
	item 1 (d)	45
	item 1 (e)	34
	item 1 (f)	31
Clauses 36 (1) (b) and (3) (b), 37 (3) (b) and 39 (1) (d)	3  Transfer of registration of motor vehicle or trailer:
	(a)  where application for transfer is made within 14 days of acquiring a motor vehicle or trailer	21
	(b)  where application for transfer is made after the period referred to in paragraph (a)	76 in addition to the fee in paragraph (a)
Clause 45 (1)	4  Issue, or renewal, of a trader’s plate:
	(a)  in the case of a trader’s plate for use on a motor vehicle other than a motor bike:
	(i)  a yearly rate	284
	(ii)  a monthly rate	24
	(b)  in the case of a trader’s plate for use on a motor bike:
	(i)  a yearly rate	69
	(ii)  a monthly rate	7
Clause 54 (2)	5  Transfer of a trader’s plate	21
Clause 62 (1)	6  Inspection of applicable vehicle by the Authority (other than an inspection to which item 7 or 8 applies):
	(a)  in the case of an articulated motor lorry	180
	(b)  in the case of a bus or other vehicle with an unladen weight of 5 tonnes or more equipped to seat more than 8 adult persons	112
	(c)  in the case of a motor lorry (not being an articulated motor lorry), including a tow truck that is not a trailer, with an unladen weight of 5 tonnes or more or a prime mover	112
	(d)  in the case of a motor lorry (not being an articulated motor lorry or a tow truck) with an unladen weight of more than 2 tonnes but less than 5 tonnes	36
	(e)  in the case of a bus or other vehicle with an unladen weight of less than 5 tonnes equipped to seat more than 8 adult persons	56
	(f)  in the case of a taxi-cab or other public passenger vehicle (not being a public passenger vehicle referred to in paragraph (b) or (e) or mourning coach, private hire car or wedding car)	56
	(g)  in the case of a trailer, including a trailer that is a tow truck, with an unladen weight of 2.5 tonnes or more	66
	(h)  in the case of a tow truck that is not a trailer with an unladen weight of less than 5 tonnes or a trailer, that is a tow truck, with an unladen weight of less than 2.5 tonnes	56
	(i)  in the case of a trailer (not being a trailer that is a tow truck) with an unladen weight of less than 2.5 tonnes	16
	(j)  in the case of a motor bike	16
	(k)  in the case of any other registrable vehicle	26
Clause 62 (1A)	7  Inspection by the Authority of a registrable vehicle to determine whether the vehicle’s exhaust emission levels comply with this Regulation	34
Clause 62 (1)	8  Inspection by the Authority of a registrable vehicle that is a re-inspection to determine whether work required as a consequence of a previous inspection has been carried out:
	(a)  where a defect notice directs that faults be rectified within a specified period of time and authorises the use of the vehicle during that time	30
	(b)  all other re-inspections	61
Clause 63 (3)	9  Examiner’s authority:
	(a)  issue of authority	118
	(b)  duplicate of authority	15
Clause 64 (5)	10  Proprietor’s authority:
	(a)  issue of authority	236
	(b)  duplicate of authority	15
Clauses 78A and 78B	11  Accreditation of registered operator under a Maintenance Management Accreditation Scheme	66 plus 22 per nominated vehicle

sch 2: Am 6.11.1998. Subst 25.6.1999; 30.6.2000. Am 12.4.2001. Subst 29.6.2001.

Schedule 3 Record of use of trader’s plate

(Clause 52)

Date	No of trader’s plate	Make of vehicle	Purpose for which used	Driver’s name and address	Time vehicle left	Time vehicle (or plate) returned	Remarks

Schedule 4 Vehicle standards

(Section 56)

Part 1 Introductory

Division 1 Object of vehicle standards

1 Object of vehicle standards

(1)  The object of this Schedule is to set standards, about the construction and performance of motor vehicles, trailers and combinations, that are uniform throughout Australia.

(2)  The standards set by this Schedule are intended:

(a)  to promote, throughout the life of motor vehicles, trailers and combinations, their safe use and efficiency and protection of the environment, and

(b)  to reduce the cost of transport administration.

Division 2 General

2 Application of Schedule

(1)  Subject to this clause and except where the context of this Schedule otherwise indicates or requires, every registrable vehicle that is, or is to be, driven on a road or road related area:

(a)  must be provided with the items of equipment appropriate for the vehicle set out in, and conforming with the provisions of, this Schedule, and

(b)  must be so constructed and equipped that it will comply with all other provisions appropriate to the vehicle that are specified in this Schedule.

(2)  The provisions of this Schedule (other than this clause) do not apply to any plant.

(3)  However, any such plant must comply with any technical specifications entitled “Plant Vehicles: Registration Options Manual” and “Plant Vehicle Certification Manual” published by the Authority from time to time.

(4)  In this clause:

plant means a motor vehicle that wholly comprises:

(a)  a machine or implement that is not capable of carrying any load other than tools and accessories usually carried, or

(b)  a crane or a fork lift truck.

3 Non-application of Schedule—exemption under other laws

(1)  A provision of this Schedule does not apply to a vehicle or combination if the vehicle or combination is exempt from:

(a)  the provision under another law of this jurisdiction, or

(b)  the corresponding provision of the law of another jurisdiction.

(2)  However, the vehicle or combination is exempt only if all conditions of the exemption (if any) are being complied with.

Example

An exemption permitting a greater dimension limit for a vehicle is subject to conditions about the route where, and time when, the vehicle is permitted to travel, and the escort vehicles required to accompany the vehicle. A relevant provision of this Schedule does not apply to the vehicle only if these conditions are complied with.

4 Non-application of Schedule—Motor Standards Act approvals

A provision of Parts 2 to 10 of this Schedule does not apply to a vehicle if :

(a)  the vehicle does not comply with a requirement of an ADR applying to that vehicle, and

(b)  the provision of this Schedule corresponds to the requirement of the ADR, and

(c)  despite the non-compliance, approval has been given, under section 10A (2) or (3) of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates on vehicles of that type, and

(d)  the vehicle complies with the approval conditions (if any).

Note 1—

Section 10A (2) of the Motor Vehicle Standards Act 1989 (Cwlth) deals with vehicles that do not comply with an ADR, but the non-compliance is only in minor and inconsequential respects.

Note 2—

Section 10A (3) of that Act deals with vehicles that do not comply with an ADR and the non-compliance is not minor and inconsequential, but the vehicle will be safe to use if conditions are complied with.

5 Interpretation

(1)  A reference in this Schedule:

(a)  to a clause of this Schedule is a reference to a clause contained in this Schedule, and

(b)  to a clause of this Regulation is a reference to a clause of this Regulation other than a clause in any Schedule to this Regulation.

(2)  A diagram in this Schedule is part of this Schedule. A diagram of something (except the essential diagram in clause 172) is an illustrative example of the thing in black and white, but does not represent its dimensions or the dimension of any part of it.

Note—

The essential diagram in clause 172 provides the dimensions required for a 75 millimetre kingpin used in a B-double or road train.

(3)  An example (whether or not in the form of a diagram) in this Schedule is part of this Schedule.

(4)  If a clause in this Schedule includes an example of the operation of that clause:

(a)  the example is not exhaustive, and

(b)  the example does not limit, and may extend, the meaning of the clause, and

(c)  the example and the clause are to be read in the context of each other and of the other clauses of this Schedule, but, if the example and the clause as so read are inconsistent, the clause prevails.

6 References to registration before the commencement of Act

A reference in this Schedule to the registration of a vehicle on a date occurring before the commencement of the Act is taken to be a reference to its registration under the Traffic Act 1909 before that date.

7 Date of manufacture of vehicle

If, in respect of a registrable vehicle imported into Australia, an application is or was made in New South Wales:

(a)  on or after 1 January 1984, for registration of the vehicle as a public passenger vehicle, or

(b)  on or after 1 July 1987, for registration of the vehicle as a motor lorry having a GVM exceeding 12 tonnes,

the date of manufacture of the vehicle is, for the purposes of this Schedule, taken to be the date of entry of the vehicle into Australia.

8 Optional items

If in a provision of this Schedule, a second edition ADR or a third edition ADR it is provided or indicated that any item of equipment is optional and the item is used on a registrable vehicle to which the provision is applicable, the item must conform with the requirements of that provision.

9 Special requirements for vehicles used by disabled persons

The Authority may require that any registrable vehicle be specially constructed, equipped or adapted in a manner not provided for in this Schedule if:

(a)  it is to be used by a person who is suffering from a physical disability, or

(b)  it is to be used in such other circumstances as may be necessary in the interests of public safety.

10 Authority may exempt vehicle from requirement of Schedule

(1)  The Authority may exempt any particular vehicle or class of vehicle from any requirement of this Schedule.

(2)  An exemption may be granted subject to conditions.

(3)  The Authority may amend or revoke an exemption or a condition made or imposed in accordance with this clause.

Division 3 Australian Design Rules and other standards

11 Compliance with second edition ADRs

(1)  If a second edition ADR recommends that the ADR should apply to the design and construction of a vehicle, the vehicle must comply with the ADR.

(2)  If a second edition ADR contains a requirement for a type of equipment fitted to a vehicle built on or after a stated time any equipment of the same type fitted to the vehicle after it is built must comply with:

(a)  the requirement as in force when the vehicle was built, or

(b)  if the requirement is amended after the vehicle is built and before the equipment is fitted—the requirement as in force:

(i)  when the vehicle was built, or

(ii)  when the equipment was fitted, or

(iii)  at any time between when the vehicle was built and the equipment was fitted.

(3)  However, a vehicle, or equipment fitted to a vehicle, need not comply with a recommendation or requirement of a second edition ADR if:

(a)  the recommendation or requirement is replaced by, or is inconsistent with, a requirement of a third edition ADR applying to the vehicle or equipment, and

(b)  the vehicle or equipment complies with the requirement of the third edition ADR.

(4)  If a second edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

12 Compliance with third edition ADRs

(1)  If a third edition ADR applies to the design and construction of a vehicle, the vehicle must comply with the ADR.

(2)  If a third edition ADR contains a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with:

(a)  the requirement as in force when the vehicle was built, or

(b)  if the requirement is amended after the vehicle is built and before the equipment is fitted—the requirement as in force:

(i)  when the vehicle was built, or

(ii)  when the equipment was fitted, or

(iii)  at any time between when the vehicle was built and the equipment was fitted.

(3)  However, a vehicle, or equipment fitted to a vehicle, need not comply with a requirement of a third edition ADR if:

(a)  the requirement is replaced by, or is inconsistent with, a requirement of a later version of the ADR applying to the vehicle or equipment, and

(b)  the vehicle or equipment complies with the requirement of the later version.

(4)  If a third edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

13 Exception to compliance with ADRs—vehicles that are not road vehicles

A vehicle need not comply with an ADR applied by clause 11 (1) or 12 (1) if a determination or declaration under section 5B of the Motor Vehicle Standards Act 1989 of the Commonwealth provides that the vehicle is not a road vehicle for that Act.

14 Exception to compliance with ADRs—Motor Vehicle Standards Act

(1)  A vehicle need not comply with an ADR applied by clause 11 (1) or 12 (1) if:

(a)  despite non-compliance with the ADR, approval has been given, under section 10A (2) or (3) of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates on vehicles of that type, and

(b)  the vehicle complies with the approval conditions (if any).

Note—

See notes to clause 4.

(2)  A vehicle need not comply with an ADR applied by clause 11 (1) or 12 (1) if:

(a)  the vehicle may be supplied to the market under subsection 14A (1) of the Motor Vehicle Standards Act 1989 of the Commonwealth, and

(b)  for a vehicle for which an approval has been given under that subsection—the vehicle complies with the approval conditions (if any).

(3)  A vehicle need not comply with an ADR applied by clause 11 (1) or 12 (1) if:

(a)  the vehicle may be used in transport in Australia under subsection 15 (2) of the Motor Vehicle Standards Act 1989 of the Commonwealth, and

(b)  for a vehicle for which an approval has been given under that subsection—the vehicle complies with the approval conditions (if any).

15 Partial exception to compliance with ADRs—personally imported vehicles

(1)  A personally imported vehicle must be fitted with:

(a)  seat belts that are as effective as seat belts that meet an Australian Standard or British Standard for seat belts as in force when this clause commenced, and

(b)  seat belt anchorages that meet the number and location requirements of second or third edition ADR 5, and

(c)  child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34, and

(d)  head restraints that meet the number, location and size requirements of second or third edition ADR 22.

(2)  However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subclause (1) if the ADR recommends that it should apply, or applies, to a vehicle of the same type.

(3)  A personally imported vehicle need not otherwise comply with an ADR applied by clause 11 (1) or 12 (1).

16 Alteration of specifications

(1)  A car or motor car derivative must not be altered from its specifications, as originally manufactured, so that it no longer complies with the requirements of a second edition ADR or third edition ADR applicable to that vehicle or altered in any of the following respects:

(a)  by fitting a wheel rim that does not conform to the relevant dimensional standards for wheel rims set down in the Tyre and Rim Standards Manual issued by the Tyre and Rim Association of Australia,

(b)  by widening the wheel track of the front or rear wheels by more than 25 mm beyond the maximum specified by the axle or vehicle manufacturer,

(c)  by fitting a wheel nut that does not engage the thread of the wheel stud for at least the same length as the wheel nut provided by the vehicle manufacturer or the fitting of a wheel nut that does not match the taper on the wheel stud hole,

(d)  by fitting a tyre other than that appropriate to the wheel rim as specified in the Tyre and Rim Standards Manual issued by the Tyre and Rim Association of Australia or in any applicable second edition ADR or third edition ADR,

(e)  so that any part of it other than a tyre or wheel rim will contact a road surface in the case of the complete deflation of a tyre,

(f)  by welding or heating an axle, stub axle, steering arm or steering knuckle support.

(2)  A vehicle, other than a car or motor car derivative, must not be altered from its specifications, as originally manufactured, so that it no longer complies with the requirements of a second edition ADR or a third edition ADR applicable to that vehicle.

(3)  If a vehicle is altered from its specifications, as originally manufactured, the Authority may require the owner to supply such information about the alterations as the Authority considers necessary.

(4)  Despite subclauses (1) and (2), a vehicle may be altered from its specifications as originally manufactured if the alteration only gives effect to any subsequent second edition ADR or third edition ADR applicable to a vehicle of that category.

17 Compliance with third edition ADR as alternative to compliance with Schedule

Nothing in Parts 2 to 12 prevents a registrable vehicle from being constructed and equipped so as to comply with any relevant requirement of a provision of a third edition ADR as an alternative to being constructed and equipped to comply with any relevant requirements of a corresponding provision of Parts 2 to 12.

18 What is an adopted standard

An adopted standard is a standard, except a national standard, that is applied, adopted or incorporated by this Schedule.

Example

Clause 66 (7) adopts Australian Standard AS 1906Retro-reflective Materials and Devices for Road Traffic Control Purposes.

19 Exception to compliance with adopted standards

A vehicle need not comply with an adopted standard if:

(a)  the standard is replaced by, or is inconsistent with, a later version of the standard, and

(b)  the vehicle complies with the later version of the standard.

20 References to adopted standards and national standards

(1)  Unless the contrary intention appears, a reference in a clause or subclause to an adopted standard is a reference to the standard as in force when the clause or subclause commenced.

(2)  Unless the contrary intention appears, a reference in this Schedule to a national standard is a reference to the standard as in force from time to time.

Part 2 General safety requirements

Division 1 All vehicles

21 General requirement to keep vehicles in good order

In addition to complying with the requirements of this Schedule, the weight of any registrable vehicle and everything in its construction, form, equipment, working and general condition must be such that:

(a)  it will not contravene any provision of any Act or other law, and

(b)  it will not cause danger or unreasonable annoyance to any person.

22 Steering

(1)  A motor vehicle with a GVM over 4.5 tonnes must have a right-hand drive.

(2)  A motor vehicle with a GVM not over 4.5 tonnes must have a right-hand drive if the vehicle:

(a)  is less than 30 years old, and

(b)  is required under a law of this jurisdiction to have a right-hand drive.

(3)  A motor vehicle has a right-hand drive if the centre of at least 1 steering control of the vehicle is to the right of, or in line with, the centre of the vehicle.

(4)  A component of the steering system of a motor vehicle that is essential for effective steering of the vehicle must be built to transmit energy by mechanical means only.

(5)  Failure of a non-mechanical component of the steering system must not prevent effective steering of the vehicle.

(6)  This clause does not apply to a vehicle if the vehicle is built or used mainly for a purpose other than the transport of goods or people by road.

23 Turning ability

(1)  A motor vehicle must be able to turn in a circle not over 25 metres in diameter, measured by the outer edge of the tyre track at ground level.

(2)  The vehicle must be able to comply with subclause (1) whether it turns to the left or to the right.

24 Ability to travel backwards and forwards

A motor vehicle with an unloaded mass over 450 kilograms must be able to be driven both backwards and forwards when the driver is in the normal driving position.

25 Protrusions

(1)  An object fitted to a vehicle must be designed, built and fitted to the vehicle in a way that minimises the likelihood of injury to a person making contact with the vehicle.

(2)  However, subclause (1) does not apply to an object fitted to a vehicle if:

(a)  the vehicle was designed before 1965 and the object was part of the design of the vehicle, or

(b)  the object was fitted to the vehicle before 1965 in accordance with the law of the place where the object was fitted.

26 Oil and grease not to be dropped

All parts and fittings of a motor vehicle or trailer must be such that an undue amount of oil or grease will not be dropped onto the roadway.

27 Driver’s view and vehicle controls

A motor vehicle must be built:

(a)  to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely, and

(b)  with its controls located so the driver can drive the vehicle safely.

28 Seating

A seat for a driver or passenger in a vehicle must be securely attached to the vehicle.

29 Seat belts for cars registered between 1 January 1965 and 1 January 1969

Every car and motor car derivative first registered on or after 1 January 1965 and before 1 January 1969 must be equipped for each front seat position that is adjacent to the side of the vehicle with a seat belt that:

(a)  has been installed in accordance with instructions issued by the manufacturer of the seat belt, and

(b)  at the time of its installation has not previously been installed and used in a motor vehicle, and

(c)  is of:

(i)  a type referred to in Australian Standard AS E35 prepared by the Standards Association of Australia as a Combination Belt (High) and has been manufactured in accordance with that Standard, or

(ii)  some other type approved by the Authority.

30 Child restraint anchorage bolts in drive yourself vehicles

(1)  Every motor vehicle that is a drive yourself vehicle (as referred to in the Table to Schedule 2 to the Miscellaneous Acts (Transport Accidents Compensation) Amendment Act 1987), must be fitted with a child restraint anchorage bolt of a type approved by the Authority.

(2)  A child restraint anchorage bolt referred to in this clause must be fitted to a child restraint anchorage point if the vehicle is one required by the second editions ADRs or third edition ADRs to have a child restraint anchorage.

31 Door latches and hinges

Door latches and hinges on every vehicle must be so constructed that the doors are securely affixed to the vehicle and capable of remaining securely fastened when closed.

32 Mudguards and spray suppression

(1)  A vehicle must have firmly fitted:

(a)  a mudguard for each wheel or for adjacent wheels, and

(b)  for each axle group and single axle on a vehicle that is part of a B-double—spray suppression devices complying with Parts 1 and 2 of British Standard AU200–1984Spray Reducing Devices for Heavy Goods Vehicle.

(2)  However, subclause (1) (a) does not apply to a vehicle if:

(a)  the construction or use of the vehicle makes the fitting of mudguards unnecessary or impracticable, or

(b)  the body or part of the body of the vehicle acts as a mudguard.

Examples of vehicles to which subclause (2) (a) applies:

1  Timber jinkers.

2  Most road-making plant.

3  Some agricultural equipment.

(3)  A mudguard fitted to a vehicle must, when the wheels of the vehicle are in position to move straight ahead:

(a)  reduce the danger of a person contacting the moving wheels, and

(b)  for the rear wheels:

(i)  cover the overall tyre width of the wheel or wheels to which it is fitted, and

(ii)  be fitted so the height above ground level of the lowest edge of the rear of the mudguard is not over one-third of the horizontal distance between the edge and the centre of the rearmost axle.

(4)  However, a mudguard may be up to:

(a)  230 millimetres above ground level, or

(b)  on a vehicle built to be used off road—300 millimetres above ground level.

(5)  The outside of a rear mudguard, except a mudflap, of a vehicle that can be seen from the rear of the vehicle must be coloured white or silver if the vehicle:

(a)  is at least 2.2 metres wide, and

(b)  has a body the vertical measurement of which is under 300 millimetres at the rear, measured from the lowest point of the body above ground level to the highest point, and

(c)  is not fitted with rear marking plates in accordance with clause 126.

(6)  For subclause (5) (a), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

33 Horns, alarms etc

(1)  A motor vehicle must be fitted with at least 1 horn or other device that can give sufficient audible warning to other road users of the approach or position of the vehicle.

(2)  A motor vehicle must not be fitted with a device that can make a sound like the sound of a siren, exhaust whistle, compression whistle or repeater horn.

(3)  However, subclause (2) does not apply to:

(a)  a police vehicle, or

(b)  an emergency vehicle, or

(c)  an Australian Protective Service vehicle, or

(d)  an Australian Customs Service vehicle, or

(e)  an Airservices Australia vehicle, or

(f)  a vehicle at least 25 years old that is fitted as a police or emergency vehicle if:

(i)  the vehicle is used for exhibition purposes, or

(ii)  it is part of a collection of former police or emergency vehicles, or

(g)  an anti-theft alarm if the alarm cannot be operated while the vehicle’s ignition is on.

(4)  Also, a motor vehicle may be fitted with a device that emits a regular, intermittent sound while the vehicle is reversing or in reverse gear.

(5)  The device must not be louder than is necessary so the driver, and a person near the vehicle, can hear the device when it is operating.

34 Rear vision mirrors

(1)  A rear vision mirror or mirrors must be fitted to a motor vehicle as required by this clause so that a driver of the vehicle can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle.

(2)  At least 1 rear vision mirror must be fitted to:

(a)  a car, and

(b)  a motor trike with 2 front wheels, and

(c)  a motor bike, or motor trike with 1 front wheel, built before July 1975.

(3)  At least 1 rear vision mirror must be fitted to each side of the motor vehicle:

(a)  if the vehicle has a GVM over 3.5 tonnes, or

(b)  if the vehicle is a motor bike, or motor trike with 1 front wheel, built after June 1975, or

(c)  if the vehicle is constructed for the carriage of goods (not being a station waggon), or

(d)  if the vehicle is a bus, or

(e)  if the maximum width of any trailer or other vehicle drawn by the vehicle is greater than that of the vehicle, or

(f)  if because of the manner in which the vehicle is constructed, equipped or loaded, or because of the fact that the vehicle is drawing a trailer or other vehicle, or for any other reason, the driver cannot, by means of a mirror fixed to the interior of the vehicle, have reflected to him or her as far as practicable a clear view of the road to the rear of the vehicle and of any following or overtaking vehicle.

(4)  A motor vehicle with a GVM not over 3.5 tonnes (except a motor vehicle mentioned in subclause (2) or (3)) must be fitted with:

(a)  at least 1 rear vision mirror on the right side of the vehicle, and

(b)  at least 1 rear vision mirror on the left side of the vehicle or inside the vehicle.

(5)  A rear vision mirror fitted to a motor vehicle with a GVM over 3.5 tonnes must not project over 150 millimetres beyond the widest part (excluding lights, signalling devices and reflectors) of the vehicle or combination.

(6)  However, the rear vision mirror may project not over 230 millimetres beyond the widest part of the vehicle or combination if it can fold to project not over 150 millimetres beyond the widest part.

35 Rear vision mirrors—surfaces

(1)  A rear vision mirror required to be fitted to the side of a motor vehicle with a GVM over 3.5 tonnes must have a reflecting surface of at least 150 square centimetres.

(2)  A rear vision mirror required to be fitted to the right side of a motor vehicle with a GVM over 3.5 tonnes must have a flat reflecting surface if:

(a)  the motor vehicle has only 1 steering control, and

(b)  the centre of the steering control is to the right of, or in line with, the centre of the motor vehicle.

(3)  The reflecting surface of the rear vision mirrors that are required to be fitted to a motor bike or moped must:

(a)  each be of the same curvature, and

(b)  if convex, be part of a notional sphere with a radius of at least 1.2 metres.

36 Additional rear vision mirrors

A motor vehicle may be fitted with additional rear vision mirrors or mirror surfaces that are flat or convex or a combination of flat and convex surfaces.

37 Automatic transmission

(1)  A motor vehicle fitted with an automatic transmission must have an engine starter mechanism that cannot operate when the transmission control is in a position to drive the vehicle.

(2)  A vehicle built after 1975 that is fitted with an automatic transmission must have an indicator in the driver’s compartment showing the transmission control position.

(3)  Subclauses (1) and (2) do not apply to a motor vehicle with less than 4 wheels.

(4)  If a motor vehicle (other than a motor bike or an implement) manufactured on or after 9 January 1976 is equipped with automatic transmission:

(a)  the transmission control lever position and an indication of the transmission gear ratio selected, must be displayed within the driver’s compartment in such a location that they will be readily visible to the driver, and

(b)  the sequence of transmission control lever positions must:

(i)  include a neutral position (whereby no power is transmitted to the driving wheels) located between the reverse drive and forward drive positions, and

(ii)  in cases where a park position (whereby forward or rearward movement of the vehicle is prevented) is included, be such that the park position is located at the end of the sequence adjacent to the reverse drive position.

(5)  If a car or a motor car derivative manufactured on or after 9 January 1976 is equipped with automatic transmission:

(a)  if the transmission control lever is located on the steering column:

(i)  the movement of the lever from neutral to reverse must be clockwise except that in cases where all lever positions are to the right of the vertical longitudinal plane through the centre of the steering wheel, the movement of the lever from neutral to reverse must be anti-clockwise, and

(ii)  the movement of the device provided to indicate the transmission gear ratio selected must be generally in the same linear or rotational direction as the movement of the lever, and

(b)  if the transmission control lever is located in a position other than on the steering column:

(i)  all lever positions must be to the left of the vertical longitudinal plane through the centre of the steering wheel, and

(ii)  movement of the lever from neutral to reverse must be generally upwards, forward or to the left according to whether the lever is constrained to be moved generally in a vertical, longitudinal or transverse direction, as the case may be.

38 Diesel engines

A motor vehicle propelled by a compression ignition engine (commonly known as a diesel engine) must be fitted with a device preventing the engine from being started accidentally or inadvertently.

39 Bonnet securing devices

(1)  A motor vehicle with a moveable body panel forward of the windscreen that covers an engine or luggage storage or battery compartment, must have a device to secure the panel.

(2)  However, if the panel opens from the front in a way that partly or completely obstructs the driver’s forward view through the windscreen, the panel must have primary and secondary devices to secure the panel.

40 Electrical wiring, connections and installations

(1)  The wiring of electrical equipment of a vehicle, except the high tension ignition wiring, must:

(a)  be supported at intervals of not over 600 millimetres, unless the vehicle is a pole-type trailer with a pole with an adjustable length, or an extendible trailer, and

(b)  be insulated at each of its joints, and

(c)  be located where it cannot:

(i)  become overheated, or

(ii)  contact moving parts, or

(iii)  come near enough to the fuel system to be a fire hazard, and

(d)  be protected from chafing.

(2)  The electrical connectors between motor vehicles and trailers, for operation of the vehicle lights required by this Schedule, must comply with Australian Standard AS 2513-1982Electrical Connections for Trailer Vehicles.

(3)  A trailer must be equipped with an electrical conductor, independent of the trailer coupling, that provides a return path between the electrical circuits of the trailer and towing vehicle.

(4)  The electrical wiring, connections and installations of a semi-trailer, dog trailer or converter dolly used in a road train over 19 metres long after June 1998 must comply with third edition ADR 63, whether or not it was built before the date stated in the ADR for vehicles of that type.

41 Speedometers

Every motor vehicle (not being a trailer) manufactured on or after 1 July 1974 and capable of being driven at a speed in excess of 40 kilometres per hour on a level road must be fitted with a speedometer that must:

(a)  indicate the speed at which the vehicle is being driven in kilometres per hour, and

(b)  indicate, when the vehicle is travelling at a speed in excess of 50 kilometres per hour, a speed that is not more than 10% less than the actual speed, and

(c)  be readily visible to the driver.

42 Television receivers and visual display units

(1)  A television receiver or visual display unit must not be installed in a vehicle so any part of the image on the screen is visible to the driver from the normal driving position.

(2)  However, subclause (1) does not apply to:

(a)  a television receiver or visual display unit that cannot be operated when the vehicle is moving, or

(b)  a driver’s aid in any vehicle or a destination sign in a bus.

Examples of driver’s aids:

1  Closed-circuit television security cameras.

2  Dispatch systems.

3  Navigational or intelligent highway and vehicle system equipment.

4  Rear view screens.

5  Ticket-issuing machines.

6  Vehicle monitoring devices.

(3)  A television receiver, or visual display unit, and its associated equipment in a vehicle must be securely mounted in a position that:

(a)  does not obscure the driver’s view of the road, and

(b)  does not impede the movement of a person in the vehicle.

43 Windows generally

(1)  Every window must be sound and properly fitted and each movable window must be fitted with a suitable device to enable it to be opened and closed.

(2)  At least half of the number of windows must be capable of being opened.

44 Windscreens and windows

(1)  Transparent material used in a windscreen, window, or an interior partition, of a motor vehicle must be of approved material if:

(a)  the vehicle was built after June 1953, or

(b)  the material was first fitted to the vehicle after June 1953.

(2)  Despite subclause (1), non-shatterable transparent material may be used in a window or an interior partition of a motor vehicle.

(3)  In this clause:

approved material means material with the same characteristics as material mentioned in any of the following standards:

•  Australian Standard AS R1–1965Safety Glass for Land Transport

•  Australian Standard AS R1–1968Safety Glass for Land Transport

•  Australian Standard AS 2080–1977Safety Glass for Vehicles

•  British Standard BS 857:1967Specification for Safety Glass for Land Transport

•  British Standard BS 5282:1975Road Vehicle Safety Glass

•  British Standard BS AU178:1980Road Vehicle Safety Glass

•  Japanese Industrial Standard JIS R 3211–1979Safety Glasses for Road Vehicles

•  American National Standard ANSI Z26.1–1980Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway.

transparent material does not include any coating added to the windscreen, window or partition after its manufacture.

45 Window tinting

(1)  Glazing used in a windscreen of a motor vehicle must have a luminous transmittance of at least:

(a)  for a motor vehicle built after 1971—75%, or

(b)  for another motor vehicle—70%.

(2)  Windscreen glazing of a motor vehicle must not be coated in a way that reduces its luminous transmittance.

(3)  However, subclauses (1) and (2) do not apply to the greater of the following areas of a windscreen:

(a)  the area above the highest point of the windscreen that is swept by a windscreen wiper,

(b)  the upper 10% of the windscreen.

(4)  Glazing used in a window or interior partition of a motor vehicle must have a luminous transmittance of at least 70%.

(5)  Glazing behind the rear of the driver’s seat may be coated to achieve a luminous transmittance of not less than 35%.

(6)  Glazing in a side window forward of the rear of the driver’s seat may be coated to achieve a luminous transmittance of not less than 70% or, if another law of this jurisdiction allows a lesser luminous transmittance, the greater of:

(a)  the lesser luminous transmittance allowed under the other law, and

(b)  35%.

(7)  Glazing that has been coated to reduce its luminous transmittance must not have a reflectance of over 10%.

(8)  The luminous transmittance requirements in subclauses (5) and (6) apply to a vehicle instead of the corresponding requirements in the relevant ADR.

46 Glazing in windscreens, windows and interior partitions

(1)  Clause 45 does not apply in relation to:

(a)  any part of the glazing of a window (other than a windscreen) or interior partition of a motor vehicle that was first registered (whether or not in New South Wales) before 1 August 1994, if that part of the glazing has a luminous transmittance of not less than:

(i)  35% (except when subparagraph (ii) applies), or

(ii)  the luminous transmittance it had immediately before 1 August 1994 if it had a luminous transmittance of less than 35% at that time, or

(b)  any part of the glazing of a window (other than a windscreen) or interior partition of a motor vehicle that was first registered (whether or not in New South Wales) on or after 1 August 1994, if:

(i)  that part of the glazing has a luminous transmittance of not less than 35%, and

(ii)  the motor vehicle is equipped with an external rear vision mirror, or external rear vision mirrors, complying with the requirements of clause 34 of this Schedule, or

(c)  any part of the glazing of a window or interior partition in a caravan, or

(d)  any part of the glazing of a windscreen, window or interior partition in a motor vehicle that was first registered before 1 July 1984, being glazing that was fitted to the motor vehicle on or before the date on which it was so registered.

(2)  For the purposes of clause 45 and this clause, the luminous transmittance or reflectance of glazing must be determined in accordance with the luminous transmittance test or the reflectance test, as the case may require, set out in any technical specification published by or adopted by the Authority from time to time.

47 Windscreen wipers and washers

(1)  A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least 1 windscreen wiper unless a driver in a normal driving position can obtain an adequate view of the road ahead of the motor vehicle without looking through the windscreen.

(2)  At least 1 windscreen wiper fitted to the motor vehicle must:

(a)  be able to remove moisture from the part of the windscreen in front of the driver to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet, and

(b)  be able to be operated from a normal driving position, and

(c)  for a motor vehicle built after 1934—continue to operate until the wiper is switched off, and

(d)  for a motor vehicle built after 1959 the driving position of which is nearer one side of the vehicle than the other:

(i)  be able to remove moisture from the part of the windscreen in front of the driver, and a corresponding part of the windscreen on the other side of the centre of the motor vehicle, to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet, and

(ii)  if the windscreen wipers are operated by engine manifold vacuum—be provided with a vacuum reservoir or pump to maintain the efficient operation of the wiper or wipers while the vehicle is in motion.

(3)  If the motor vehicle was built after 1982 and has a GVM over 4.5 tonnes, it must also be fitted with a windscreen washer that can direct water onto the windscreen within the area swept by a windscreen wiper so the wiper can spread the water to all of the area swept by the wiper.

Note—

The ADRs require certain vehicles with a GVM not over 4.5 tonnes to be fitted with a windscreen washer.

(4)  The windscreen washer must be able to be operated from a normal driving position.

48 Wheels and tyres—size and capacity

The wheels and tyres fitted to an axle of a vehicle must be of sufficient size and capacity to carry the part of the vehicle’s gross mass transmitted to the ground through the axle.

49 Pneumatic tyres generally

A vehicle built after 1932 must be fitted with pneumatic tyres.

50 Pneumatic tyres—carcass construction

(1)  A vehicle with a GVM not over 4.5 tonnes must not have pneumatic tyres of different carcass construction fitted to the same axle, but the tyres may have different cord materials and a different number of plies.

(2)  However, subclause (1) does not apply to a tyre being used in an emergency as a temporary replacement for a tyre complying with the subclause.

51 Pneumatic tyres—size and capacity

The size and capacity of a pneumatic tyre to be fitted to a vehicle must be decided using a cold inflation pressure that is not more than the lesser of:

(a)  the pressure recommended by the tyre manufacturer, and

(b)  a pressure of:

(i)  for a radial ply tyre—825 kilopascals, or

(ii)  for another tyre—700 kilopascals.

52 Tyres—defects

A tyre fitted to a vehicle must be free of any apparent defect that could make the vehicle unsafe.

53 Tyres for use on vehicles with GVM over 4.5 tonnes

(1)  A tyre fitted to a vehicle with a GVM over 4.5 tonnes must be suitable for road use at the lesser of:

(a)  100 kilometres an hour, and

(b)  the vehicle’s top speed.

(2)  This clause applies to a vehicle instead of the tyre speed category requirements in the relevant ADR.

54 Tyres—manufacturer’s rating

(1)  This clause applies to a motor vehicle if the vehicle:

(a)  has 4 or more wheels, and

(b)  was built after 1972, and

(c)  has a GVM not over 4.5 tonnes.

(2)  However, this clause does not apply to a tyre if the tyre:

(a)  is recommended by the vehicle builder as suitable for limited use on the vehicle in special circumstances at a speed less than the speed applying to the vehicle under subclause (3), or

(b)  is being used in an emergency as a temporary replacement for a tyre complying with this clause.

(3)  A tyre fitted to a motor vehicle must, when first manufactured, have been rated by the tyre manufacturer as suitable for road use at the lesser of:

(a)  a speed of at least:

(i)  for a car with special features for off-road use—140 kilometres an hour, or

(ii)  for another car—180 kilometres an hour, or

(iii)  for another motor vehicle—120 kilometres an hour, and

(b)  the vehicle’s top speed.

Example for paragraph (a) (i):

A four-wheel drive vehicle.

(4)  This clause applies to a vehicle instead of the tyre speed category requirements in the relevant ADR.

55 Retreads

(1)  A tyre that is retreaded before the commencement of this clause must not be used on a vehicle if:

(a)  Australian Standard AS 1973–1976Retreaded Pneumatic Passenger Car and Light Truck Tyre or Australian Standard AS 1973–1985Retreaded Pneumatic Passenger and Light Truck Tyre applies to the tyre, and

(b)  the tyre was retreaded after publication of the Australian Standard, and

(c)  the tyre was not retreaded in accordance with Australian Standard AS 1973–1976Retreaded Pneumatic Passenger Car and Light Truck Tyre, Australian Standard AS 1973–1985Retreaded Pneumatic Passenger and Light Truck Tyre or Australian Standard AS 1973–1993Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes.

(2)  A tyre that is retreaded after the commencement of this clause must not be used on a vehicle if:

(a)  Australian Standard AS 1973–1993Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes applies to the tyre, and

(b)  the tyre was not retreaded in accordance with the Australian Standard.

Note—

The Australian Standards mentioned in this clause require various markings on retreaded tyres. These may include a speed rating less than the rating originally marked on the tyre.

56 Tyre tread

(1)  A tyre on a motor vehicle must not have cleats or other gripping devices that could damage road surfaces.

(2)  Except at tread wear indicators, a tyre fitted to the vehicle must have a tread pattern at least 1.5 millimetres deep in a band that runs continuously:

(a)  across:

(i)  for a vehicle with a GVM over 4.5 tonnes—at least 75% of the tyre width that normally comes into contact with the road, or

(ii)  for another vehicle—the tyre width that normally comes into contact with the road, and

(b)  around the whole circumference of the tyre.

(3)  A vehicle must not be fitted with a tyre that has been treated by recutting or regrooving the tread rubber, unless the tyre was:

(a)  constructed with an extra thickness of rubber designed for recutting or regrooving, and

(b)  labelled to indicate the construction.

Division 2 Additional requirements for motor bikes

57 Steering gear and handlebars

(1)  The handlebars on a motor bike must extend at least 250 millimetres, but not over 450 millimetres, on each side of the centre line of the vehicle.

(2)  In taking a measurement for subclause (1), mirrors and lights mounted on the handlebars of the motor bike are disregarded.

(3)  The lowest part of the hand grip on the handle bars must not be higher than 380 millimetres above the attachment point of the handlebars to the motor bike.

(4)  Hand grips on the handle bars must be fitted symmetrically.

(5)  If a motor bike has the head stem as the steering pivot point, the horizontal distance from the midpoint between the head stem bearings to the centre of the front wheel must not be over 550 millimetres.

Maximum horizontal distance from midpoint between head stem bearings of motor bike to centre of front wheel

58 Foot rests

A motor bike must be fitted with foot rests for the driver, and for any passenger for whom a seating position is provided.

59 Chain guards

(1)  If the engine power of a motor bike is transmitted to the rear wheel by a chain, the driver and any passenger must be protected from the front sprocket and at least the upper part of the chain by:

(a)  the frame or equipment of the motor bike, or

(b)  a chain guard.

(2)  A chain guard must cover the chain to a point:

(a)  at least 300 millimetres to the rear of the rearmost foot rest, or

(b)  above the centre of the rear drive sprocket.

Part 3 Vehicle marking

Note—

This Part contains requirements for a vehicle that help to identify the vehicle and, if the vehicle is unusually long, to warn other motorists.

60 Vehicle and engine identification numbers

(1)  In this clause:

number includes letter.

(2)  A motor vehicle must have an individual engine identification number clearly stamped, embossed or otherwise permanently marked on it.

(3)  A motor vehicle built after 1930 must have the engine identification number on its engine block or the main component of its engine.

(4)  A vehicle must have an individual vehicle identification number clearly stamped, embossed or otherwise permanently marked on a substantial part of its frame or chassis.

(5)  A vehicle or engine identification number must be located where a person can read it easily without having to use tools to remove a part of the vehicle that would otherwise obstruct the person’s view.

61 Compliance plates to be affixed to certain vehicles

Any motor vehicle (other that a tractor, a trailer or an implement) registered for the first time on or after 1 August 1972 must have securely and prominently affixed within the engine compartment or other position approved by the Authority a plate approved by the Australian Motor Vehicle Certification Board or the Administrator of Vehicle Standards that:

(a)  identifies the specific vehicle, and

(b)  indicates that it meets the standards and procedures administered by the Australian Motor Vehicle Certification Board for that class of vehicle.

62 Trailer compliance plates

(1)  This clause applies to the following trailers:

(a)  a trailer manufactured on or after 1 July 1985, and having an individual gross trailer weight rating (as determined by the Authority) of more than 15 tonnes, but not more than 60 tonnes,

(b)  a semi-trailer manufactured on or after 1 July 1984, and having an individual gross trailer weight rating (as determined by the Authority) of more than 20 tonnes, but not more than 60 tonnes,

(c)  a trailer or semi-trailer manufactured on or after 1 January 1986, and having an individual gross trailer weight rating (as determined by the Authority) of more than 4.5 tonnes, but not more than 60 tonnes.

(2)  At or after the time of the first registration of a trailer to which this clause applies, the trailer must have securely and prominently affixed to it in a position designated by the Australian Motor Vehicle Certification Board a plate approved by that Board or the Administrator of Vehicle Standards that:

(a)  identifies the specific vehicle, and

(b)  indicates that it meets the standards and procedures administered by the Australian Motor Vehicle Certification Board for that class of vehicle.

63 White or silver band on certain vehicles

(1)  This clause applies to a vehicle that:

(a)  is at least 2.2 metres wide, and

(b)  has a body with a vertical measurement under 300 millimetres at the rear, measured from the lowest point of the body above ground level to the highest point, and

(c)  is not fitted with rear marking plates in accordance with clause 126.

(2)  For subclause (1) (a), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

(3)  The vehicle must have a white or silver band at least 75 millimetres high across the full width of the rearmost part of the body of the vehicle.

64 Warning signs for combinations over 22 metres long

(1)  The following vehicles must display road train warning signs complying with this clause and clause 66:

(a)  a combination over 36.5 metres long,

(b)  a road train over 30 metres, but not over 36.5 metres, long that includes 1 or more dog trailers.

(2)  The following vehicles must display road train warning signs, or a long vehicle warning sign, complying with this clause and clause 66:

(a)  a road train over 22 metres, but not over 30 metres, long that includes 1 or more dog trailers,

(b)  a road train over 22 metres, but not over 36.5 metres, long that does not include a dog trailer.

(3)  Another combination over 22 metres, but not over 36.5 metres, long must display a long vehicle warning sign complying with this clause and clause 66.

(4)  Subclauses (1), (2) and (3) do not apply to the extent of any inconsistency with a notice or permit issued under another law of this jurisdiction that applies to the combination.

(5)  Road train warning signs must be used in pairs and fitted horizontally, one at the front and the other at the rear of the combination.

(6)  A long vehicle warning sign must be fitted horizontally at the rear of the combination.

65 Warning signs not to be displayed on other vehicles

(1)  A road train warning sign must not be displayed on a vehicle unless the vehicle is part of a combination or road train mentioned in clause 64 (1) or (2).

(2)  A long vehicle warning sign must not be displayed on a vehicle unless the vehicle is a part of a combination or road train mentioned in clause 64 (2) or (3).

66 Specifications for warning signs

(1)  A road train or long vehicle warning sign must be manufactured in 1 or 2 parts from sheet steel 0.8 millimetres thick or another material of at least the same stiffness, unless it is designed to be fixed to a vehicle using an adhesive.

(2)  The warning sign must be at least 1.02 metres wide and at least 250 millimetres high.

(3)  A road train warning sign must display the words “road train”, and a long vehicle warning sign must display the words “long vehicle”, in black capital letters at least 180 millimetres high in typeface Series B (N) that complies with Australian Standard AS 1744Forms of Letters and Numerals for Road Signs.

(4)  If the warning sign is in 2 parts, one word of the expression “road train” or “long vehicle” must be on one part and the other word of the expression must be on the other part.

(5)  The warning sign must display the sign manufacturer’s name or logo, and the brand and class of retro-reflective material used, in block letters not over 10 millimetres high.

(6)  The warning sign must have a black border.

(7)  The warning sign must be coated with yellow retro-reflective material of class 1 or 2 that meets Australian Standard AS 1906Retro-reflective Materials and Devices for Road Traffic Control Purposes.

(8)  The warning sign must be fitted so:

(a)  no part of the sign is:

(i)  over 1.8 metres above ground level, or

(ii)  under 500 millimetres above ground level, and

(b)  if the sign is in 2 parts—the parts are fitted at the same height above ground level.

Positioning of a warning sign

67 Left-hand drive signs

(1)  This clause applies to a motor vehicle with a GVM over 4.5 tonnes that has the centre of a steering control to the left of the centre of the vehicle.

(2)  The vehicle must display the words ‘left hand drive’ on the rear of the vehicle.

(3)  The words must be in letters at least 75 millimetres high, and in a colour contrast with the background to the words.

Part 4 Vehicle configuration and dimensions

Note—

This Part sets out various requirements covering the suspension on vehicles and size limits for single vehicles and combinations of vehicles, so that they can be operated safely with other traffic, without taking up too much road space or damaging the road and structures on the road.

Generally, the limits in this Part apply to a vehicle and any load it may be carrying.

Specific requirements for loaded vehicles are covered by other laws.

Division 1 Axles

68 Axle configuration

(1)  A motor vehicle, except an articulated bus, must have only:

(a)  1 axle group, or single axle, towards the front of the vehicle, and

(b)  1 axle group, or single axle, towards the rear of the vehicle.

(2)  An articulated bus must have:

(a)  on its front section:

(i)  only 1 axle group, or single axle, towards the front of the section, and

(ii)  only 1 axle group, or single axle, towards the rear of the section, and

(b)  on another section—only 1 axle group or single axle.

(3)  A trailer must have only:

(a)  1 axle group or single axle, or

(b)  2 axle groups, 2 single axles, or 1 axle group and single axle, in the following configuration:

(i)  1 axle group, or single axle, towards the front of the vehicle, with all the wheels on the axle group or single axle connected to the steering mechanism for that part of the trailer,

(ii)  1 axle group, or single axle, towards the rear of the vehicle.

(4)  A semi-trailer that is extendible, or is fitted with sliding axles, must:

(a)  have a securing device that:

(i)  can securely fix the extendible part or sliding axles to the rest of the vehicle in any position of adjustment provided, and

(ii)  is located in a position that can prevent accidental or inadvertent release, if the device is mounted on the chassis of the vehicle, and

(iii)  is fitted with a visible or audible warning system to indicate to a person standing beside the vehicle that the device is not engaged, and

(iv)  is fitted with a way of preventing loss of air from the air brake supply, if the device uses air from the brake system and fails in a way allowing air to escape, and

(v)  is held in the applied position by direct mechanical action without the intervention of an electric, hydraulic or pneumatic device, and

(b)  be built so the adjustable parts of the vehicle remain connected if the securing device fails.

69 Relation between axles in axle group

(1)  The axles in an axle group, except a twinsteer axle group, fitted to a vehicle with a GVM over 4.5 tonnes must relate to each other through a load-sharing suspension system.

(2)  In this clause:

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.

Division 2 Dimensions

70 Width

(1)  A vehicle must not be over 2.5 metres wide.

(2)  For subclause (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.

71 Length of single motor vehicles

(1)  A motor vehicle, except an articulated or controlled access bus, must not be over 12.5 metres long.

(2)  A controlled access bus must not be over 14.5 metres long.

(3)  An articulated bus must not be over 18 metres long.

72 Length of single trailers

(1)  On a semi-trailer or a dog trailer:

(a)  the distance between the point of articulation at the front of the trailer and the rear overhang line must not be over 9.5 metres, 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 metres.

(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 metres from the point of articulation.

Maximum dimensions of 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 subclauses (1) and (2) when measured at one of the points.

(4)  A trailer built to carry cattle, sheep, pigs or horses on 2 or more partly or completely overlapping decks must not have over 12.5 metres of its length available for the carriage of animals.

(5)  For subclause (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.

73 Length of combinations

(1)  A combination must not be over:

(a)  for a B-double—25 metres long, and

(b)  for a road train—53.5 metres long, and

(c)  for a combination, except a road train, designed to carry vehicles on 2 or more partly or completely overlapping decks—25 metres long, and

(d)  for another combination—19 metres long.

(2)  In a B-double built to carry cattle, sheep, pigs or horses, the 2 semi-trailers must not have over 18.8 metres of their combined length available for the carriage of animals.

(3)  For subclause (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.

74 Rear overhang

(1)  The rear overhang of a semi-trailer, or dog trailer consisting of a semi-trailer and converter dolly, must not exceed the lesser of:

(a)  60% of the distance between the point of articulation at the front and the rear overhang line, and

(b)  3.7 metres.

(2)  A semi-trailer with 2 or more points of articulation at the front must comply with subclause (1) when measured at the same point used for measurement for compliance with clause 72 (3).

(3)  The rear overhang of a trailer with only 1 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 metres.

(4)  The rear overhang of a vehicle not mentioned in subclause (1) or (3) must not exceed the lesser of:

(a)  60% of the distance between the centre of the front axle and the rear overhang line, and

(b)  3.7 metres.

75 Trailer drawbar length

(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 metres, and

(b)  not be under 3 metres, if the trailer is used in a road train over 19 metres 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 1 axle group or single axle (except a semi-trailer) must not be over 8.5 metres.

76 Height

(1)  A vehicle must not be over 4.3 metres high.

(2)  However:

(a)  a vehicle built to carry cattle, sheep, pigs or horses must not be over 4.6 metres high, and

(b)  a double-deck bus must not be over 4.4 metres high.

77 Ground clearance

(1)  In this clause:

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 or combination must have a ground clearance of:

(a)  at least 100 millimetres at any point within 1 metre of an axle, and

(b)  at least one-thirtieth of the distance between the centres of adjacent axles at the midpoint between them, and

(c)  at any other point—at least the distance that allows the vehicle or combination to pass over a peak in the road with a gradient on either side of 1:15, if the wheels of 1 axle of the vehicle or combination 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)  However, subclause (2) does not apply to:

(a)  a motor vehicle with less than 4 wheels, or

(b)  a combination that includes a motor vehicle with less than 4 wheels.

Ground clearance at the mid-point between 2 axles

Ground clearance over a peak in the road

Division 3 Exceptions to requirements as to dimensions

78 Dimensions of vehicles regulated by permit

The limits prescribed in this Part for the dimensions of motor vehicles do not apply to a vehicle that is exempted from the dimension limits by the operation of clause 90 of this Regulation.

79 Vehicle lengths

(1)  Despite clause 72 (1) (a), the distance from the point of articulation of a low-loader float to the foremost extremity of the rear overhang may exceed 9.5 m.

(2)  Despite clause 72 (1) (b), the distance from the point of articulation of a low-loader float to the rearmost extremity of the rear overhang may exceed 12.3 m.

80 Rear overhang of controlled access bus

Despite clause 74 (4), the rear overhang of a controlled access bus must not exceed 70% of the distance between the centre of the foremost axle and the foremost extremity of the rear overhang, or 4.9 m, whichever is the shorter length.

Part 5 Lights and reflectors

Note—

This Part deals with how the lights on a vehicle must be fitted and work so that the driver can see the road, pedestrians and other vehicles at night, and can signal to others.

Other laws provide for when certain lights must be switched on.

In this Part, the description “yellow” is used as a more modern term, instead of the description “amber” which is used in earlier legislation and some ADRs.

Division 1 General requirements for lights

81 Lighting devices that can be attached to vehicles

A device capable of projecting light must not be attached to any vehicle unless it is a device required or permitted to be attached to the vehicle by this Schedule.

82 Certain requirements apply only at night

The requirements of this Part for a light, except a brake or direction indicator light, to be visible over a stated distance apply only at night.

83 Prevention of glare

A light, except a high-beam headlight, fitted to a vehicle must be built and adjusted to provide the necessary amount of light, without dazzling the driver of another vehicle approaching, or being approached by, the vehicle.

84 Pairs of lights

(1)  If lights are required under this Schedule to be fitted to a vehicle in pairs:

(a)  a light must be fitted on each side of the longitudinal axis of the vehicle, and

(b)  the centre of each light in a pair must be the same distance from the longitudinal axis of the vehicle, and

(c)  the centre of each light in a pair must be at the same height above ground level, and

(d)  each light in a pair must project approximately the same amount of light of the same colour.

(2)  Subclause (1) applies to a motor bike with an attached sidecar as if the sidecar were not attached.

Division 2 Headlights

85 Headlights to be fitted to vehicles

(1)  A motor vehicle must be fitted with:

(a)  1 low-beam headlight if it is a moped, motor bike, or motor trike with 1 front wheel, or

(b)  a pair of low-beam headlights if it has 4 or more wheels or is a motor trike, except a moped, with 2 front wheels.

(2)  If a motor vehicle built after 1934 can travel at over 60 kilometres an hour:

(a)  each low-beam headlight mentioned in subclause (1) must be able to work in the high-beam position, or

(b)  the vehicle must be fitted with:

(i)  1 headlight that can work in the high-beam position if the vehicle is required to have 1 low-beam headlight, or

(ii)  a pair of headlights that can work in the high-beam position.

(3)  A motor bike may be equipped with a headlight modulation system that:

(a)  varies the brightness of its high-beam headlight or low-beam headlight, but not both, at a rate of at least 200 and at most 280 flashes a minute, and

(b)  is designed to operate only in the daylight.

(4)  Additional headlights may be fitted to a motor bike or motor trike, or a motor vehicle with 4 or more wheels that was built before 1970.

(5)  Additional pairs of headlights may be fitted to a motor vehicle with 4 or more wheels that was built after 1969.

86 How headlights are to be fitted

(1)  The centres of low-beam headlights fitted as a pair on a motor vehicle with 4 or more wheels must be at least 600 millimetres apart.

(2)  However, subclause (1) does not apply to a motor vehicle built before 1970 if the centres of its low-beam headlights:

(a)  were under 600 millimetres apart when the vehicle was built, and

(b)  are not nearer than they were when the vehicle was built.

(3)  Each low-beam headlight of a pair on a motor trike (except a moped) with 2 front wheels must not be over 400 millimetres from the nearer side of the vehicle.

(4)  The centre of a low-beam headlight fitted to a motor vehicle built after June 1953 must be:

(a)  at least 500 millimetres above ground level, and

(b)  not over 1.4 metres above ground level.

87 How single headlights are to be fitted

(1)  A motor bike or trike with a single headlight fitted must have the light fitted in the centre.

(2)  Subclause (1) applies to a motor bike with an attached sidecar as if the sidecar were not attached.

88 How additional headlights are to be fitted

If 2 or more additional headlights are fitted to a motor vehicle with 4 or more wheels, the additional headlights must as far as possible be fitted in pairs.

89 Performance of headlights

(1)  When on, a headlight, or additional headlight, fitted to a vehicle must:

(a)  show only white light, and

(b)  project its main beam of light ahead of the vehicle.

(2)  Headlights must be fitted to a vehicle so their light does not reflect off the vehicle into the driver’s eyes.

90 Effective range of headlights

(1)  This clause applies to a headlight that is on at night.

(2)  A low-beam headlight must illuminate the road ahead of the vehicle for at least 25 metres.

(3)  A high-beam headlight must illuminate the road ahead of the vehicle for at least 50 metres.

(4)  However, a low-beam headlight fitted to a motor vehicle built before 1931, or a moped, need only illuminate the road ahead of the vehicle for 12 metres.

91 Changing headlights from high-beam to low-beam position

(1)  A motor vehicle built after 1934 that can travel at over 60 kilometres an hour must be fitted with:

(a)  a dipping device enabling the driver in the normal driving position:

(i)  to change the headlights from the high-beam position to the low-beam position, or

(ii)  simultaneously to switch off a high-beam headlight and switch on a low-beam headlight, and

(b)  for a vehicle built after June 1953—a device to indicate to the driver that the headlights are in the high-beam position.

(2)  A headlight fitted to a vehicle not fitted with a dipping device mentioned in subclause (1) (a) must operate in the low-beam position.

(3)  When a headlight fitted to a vehicle is switched to the low-beam position, any other headlight on the vehicle must operate only in the low-beam position or be off.

Division 3 Parking lights

92 Parking lights

(1)  A motor vehicle built after June 1953 must be fitted with:

(a)  a pair of parking lights if it is a motor trike with 2 front wheels (except a moped) or a motor vehicle with 4 or more wheels, or

(b)  at least 1 parking light if it is a motor bike with an attached sidecar, or a motor trike with 1 front wheel, (except a moped).

(2)  A pair of parking lights fitted to a motor vehicle with 4 or more wheels must be fitted with the centre of each light:

(a)  at least 600 millimetres from the centre of the other light, and

(b)  not over 510 millimetres from the nearer side of the vehicle.

(3)  However, a pair of parking lights fitted to a motor vehicle under 1300 millimetres wide may be fitted with the centre of each light not under 400 millimetres from the centre of the other light.

(4)  A parking light fitted to a motor trike with 2 front wheels must not be over 400 millimetres from the nearer side of the vehicle.

(5)  A parking light fitted to a motor bike with a sidecar must be fitted not over 150 millimetres from the side of the sidecar furthest from the motor bike.

Location of parking lights on a vehicle

(6)  When on, a parking light must:

(a)  show a white or yellow light visible 200 metres from the front of the vehicle, and

(b)  not use over 7 watts power.

(7)  A parking light fitted to a motor vehicle built after 1969 must be wired so the parking light is on when a headlight on the vehicle is on.

(8)  A parking light fitted to a sidecar attached to a motor bike must be wired to operate when a headlight, tail light or parking light on the motor bike is on.

(9)  For subclause (3), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

Division 4 Daytime running lights

93 Daytime running lights

(1)  A pair of daytime running lights may be fitted to a motor vehicle.

(2)  A pair of daytime running lights fitted to a vehicle with 4 or more wheels must be fitted with the centre of each light:

(a)  at least 600 millimetres from the centre of the other light, and

(b)  not over 510 millimetres from the nearer side of the vehicle.

(3)  However, a pair of daytime running lights fitted to a motor vehicle under 1300 millimetres wide may be fitted with the centre of each light not under 400 millimetres from the centre of the other light.

Location of daytime running lights on a vehicle

(4)  When on, a daytime running light must:

(a)  show a white or yellow light visible from the front of the vehicle, and

(b)  not use over 25 watts power.

Note—

The third edition ADRs only allow white daytime running lights.

(5)  Daytime running lights must be wired so they are off when a headlight, except a headlight being used as a flashing signal, is on.

(6)  For subclause (3), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

Division 5 Tail lights

94 Tail lights generally

(1)  A vehicle must have at least 1 tail light fitted on or towards the rear of the vehicle.

(2)  A motor trike with 2 rear wheels, or a motor vehicle with 4 or more wheels, built after 1959 must have at least 1 tail light fitted on or towards each side of the rear of the vehicle.

(3)  A trailer built after June 1973 must have at least 1 tail light fitted on or towards each side of the rear of the vehicle.

(4)  The centre of a tail light mentioned in subclause (1), (2) or (3) must not be over:

(a)  1.5 metres above ground level, or

(b)  if it is not practicable to fit the light lower—2.1 metres above ground level.

(5)  A vehicle may have 1 or more additional tail lights at any height above ground level.

95 Pattern of fitting tail lights

(1)  If only 1 tail light is fitted to a vehicle, it must be fitted in the centre or to the right of the centre of the vehicle’s rear.

(2)  Subclause (1) applies to a motor bike with an attached sidecar as if the sidecar were not attached.

(3)  If 2 or more tail lights are fitted to a vehicle, at least 2 must be fitted as a pair.

Location of tail lights on a vehicle

(4)  Tail lights fitted in accordance with this Division may also serve as rear clearance lights if they are fitted to a vehicle in accordance with clause 101 (3).

96 Performance of tail lights

(1)  When on, a tail light of a vehicle must:

(a)  show a red light visible 200 metres from the rear of the vehicle, and

(b)  not use over 7 watts power.

(2)  A tail light fitted to a street rod vehicle may incorporate a blue lens not over 20 millimetres in diameter.

(3)  A street rod vehicle is 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.

97 Wiring of tail lights

A tail light of a motor vehicle must be wired to come on, and stay on, when a parking light or headlight on the vehicle is on, unless an external switch is fitted to operate the tail light.

Division 6 Number plate lights

98 Number plate lights

(1)  At least 1 number plate light must be fitted to the rear of a vehicle.

(2)  When on, the number plate light or lights must illuminate a number plate on the rear of the vehicle (other than a bicycle rack number plate) with white light, so the characters on the number plate can be read at night 20 metres from the rear of the vehicle.

(3)  A number plate light:

(a)  may be combined with another light, and

(b)  must not project white light to the rear of the vehicle except by reflection, and

(c)  must not obscure the characters on the number plate, and

(d)  must be wired to come on, and stay on, when a parking light, headlight or tail light on the vehicle is on.

Division 7 Clearance lights

99 Front clearance lights

(1)  Front clearance lights may only be fitted to a vehicle that is at least 1.8 metres wide.

(2)  A pair of front clearance lights must be fitted to a motor vehicle that is at least 2.2 metres wide, or a prime mover.

(3)  The centre of a front clearance light must be:

(a)  not over 400 millimetres from the nearer side of the vehicle, and

(b)  if the vehicle was built after June 1953:

(i)  at least 750 millimetres higher than the centre of any low-beam headlight fitted to the vehicle, or

(ii)  not lower than the top of the windscreen.

(4)  However, a front clearance light may be mounted on an external rear vision mirror or a mirror support if, when the mirror is correctly adjusted, no part of the lens of the clearance light is visible to a person in the normal driving position.

(5)  When on, a front clearance light must:

(a)  show a yellow or white light visible 200 metres from the front of the vehicle, and

(b)  not use over 7 watts power.

100 External cabin lights

(1)  A motor vehicle fitted with front clearance lights may also have additional forward-facing lights on or above the roof of its cabin.

(2)  The additional forward-facing lights must be spaced evenly between the front clearance lights, with their centres at least 120 millimetres apart.

(3)  When on, an additional forward-facing light must:

(a)  show a yellow or white light, and

(b)  not use over 7 watts power.

101 Rear clearance lights

(1)  Rear clearance lights may only be fitted to a vehicle that is at least 1.8 metres wide.

(2)  A pair of rear clearance lights must be fitted to the rear of a vehicle that is at least 2.2 metres wide.

(3)  The centre of a rear clearance light must be:

(a)  not over 400 millimetres from the nearer side of the vehicle, and

(b)  if practicable, at least 600 millimetres above ground level.

(4)  When on, a rear clearance light must:

(a)  show a red light visible 200 metres from the rear of the vehicle, and

(b)  not use over 7 watts power.

Division 8 Side marker lights

102 Vehicles needing side marker lights

(1)  A pair of side marker lights must be fitted towards the rear of the sides of a motor vehicle that is over 7.5 metres long and at least 2.2 metres wide.

(2)  A pole-type trailer, and a motor vehicle built to tow a pole-type trailer, with at least 1 cross-bar or bolster must have a side marker light fitted to each side of the back or only cross-bar or bolster.

(3)  A pole-type trailer with 2 or more cross-bars or bolsters may also have a side marker light fitted to each side of the front cross-bar or bolster.

(4)  At least 2 side marker lights must be fitted to each side of:

(a)  a trailer, except a pole-type trailer, that is at least 2.2 metres wide and not over 7.5 metres long, and

(b)  a semi-trailer that is not over 7.5 metres long.

(5)  At least 3 side marker lights must be fitted to each side of:

(a)  a trailer, except a pole-type trailer, that is at least 2.2 metres wide and over 7.5 metres long, and

(b)  a semi-trailer that is over 7.5 metres long.

(6)  For subclauses (1), (4) and (5), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

103 Location of side marker lights

(1)  The centre of a side marker light must not be over 150 millimetres from the nearer side of the vehicle.

(2)  A front side marker light fitted to a motor vehicle must be towards the front of the side of the vehicle with no part of the lens visible to the driver.

(3)  The centre of a front side marker light fitted to a trailer must be:

(a)  within 300 millimetres of the front of the side of the trailer, or

(b)  if the construction of the trailer makes it impracticable to comply with paragraph (a)—as near as practicable to the front of the trailer.

(4)  The centre of a rear side marker light fitted to a vehicle must be:

(a)  within 300 millimetres of the rear of the side of the vehicle, or

(b)  if the construction of the vehicle makes it impracticable to comply with paragraph (a)—as near as practicable to the rear of the vehicle.

(5)  Side marker lights fitted to a vehicle must, as far as practicable, be evenly spaced along the side of the vehicle.

(6)  Subclauses (2) to (5) do not apply to side marker lights fitted to a cross-bar or bolster of a pole-type trailer.

(7)  Only the side marker lights nearest to the rear need be fitted if complying with subclauses (3) and (4) would result in the front and rear side marker lights being under 2.5 metres apart.

(8)  A side marker light fitted to a vehicle must be fitted so:

(a)  its centre is not over:

(i)  1.5 metres above ground level, or

(ii)  if it is not practicable to fit it lower—2.1 metres above ground level, and

(b)  its centre is at least 600 millimetres above ground level, and

(c)  it is, as far as practicable, in a row of side marker lights along the side of the vehicle.

(9)  Subclause (8) (a) does not apply to a side marker light that is not required to be fitted to the vehicle by clause 102.

104 Performance of side marker lights

(1)  When on, a side marker light fitted to a vehicle must:

(a)  show a light visible 200 metres from the vehicle, and

(b)  not use over 7 watts power.

(2)  When on, a side marker light fitted to a vehicle must show:

(a)  to the front of the vehicle—a yellow light, and

(b)  to the rear of the vehicle:

(i)  if the light also operates as a rear light or reflector—a red light, and

(ii)  in any other case—a red or yellow light.

(3)  However, if a pole-type trailer with 2 or more cross-bars or bolsters has the side marker lights permitted by clause 102 (3):

(a)  the side marker lights fitted to the front cross-bar or bolster may comply with subclause (2) (a) only, and

(b)  the side marker lights fitted to the back cross-bar or bolster may comply with subclause (2) (b) only.

105 Side marker lights and rear clearance lights

The side marker light nearest to the rear of a vehicle may also be a rear clearance light for clause 101.

Division 9 Brake lights

106 Fitting brake lights

(1)  A brake light must be fitted to the rear of a vehicle built after 1934.

(2)  A pair of brake lights must be fitted to the rear of:

(a)  a motor vehicle built after 1 October 1991 that has 4 or more wheels, and

(b)  a motor trike built after 1 October 1991 that has 2 rear wheels, and

(c)  a trailer built after June 1973.

(3)  The centre of a brake light must be:

(a)  at least 350 millimetres above ground level, and

(b)  not over:

(i)  1.5 metres above ground level, or

(ii)  if it is not practicable to fit the light lower—2.1 metres above ground level.

(4)  A vehicle may be fitted with 1 or more additional brake lights.

(5)  The centre of an additional brake light must be at least 350 millimetres above ground level.

(6)  If only 1 brake light is fitted to a vehicle, it must be fitted in the centre or to the right of the centre of the vehicle’s rear.

(7)  Subclause (6) applies to a motor bike with an attached sidecar as if the sidecar were not attached.

Location of brake lights on a vehicle

107 Performance and operation of brake lights

(1)  When on, a brake light must show a red light visible 30 metres from the rear of the vehicle.

(2)  A brake light fitted to a street rod vehicle may incorporate a blue lens not over 20 millimetres in diameter.

(3)  A brake light fitted to a motor vehicle must come on, if it is not already on, when:

(a)  for a vehicle with 4 or more wheels or built after 1974—a service brake is applied, or

(b)  for another vehicle—the rear wheel brake is applied.

(4)  Subclause (3) does not apply if the controls in the vehicle that start the engine are in a position that makes it impossible for the engine to operate.

(5)  A brake light on a trailer must come on when:

(a)  the brake light of the towing vehicle comes on, or

(b)  a brake control on the towing vehicle, which independently activates the service brake on the trailer, is operated.

(6)  A brake light may be operated by an engine brake, retarder, or similar device if the device does not interfere with the proper operation of the brake light.

(7)  A street rod vehicle is 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.

Division 10 Reversing lights

108 Reversing lights

(1)  One or more reversing lights may be fitted to the rear of a vehicle and on each side towards the rear of the vehicle.

(2)  A reversing light must have its centre not over 1.2 metres above ground level.

(3)  When on, a reversing light must show a white or yellow light to the rear or to the side and rear of the vehicle.

Note—

Third edition ADRs only allow white reversing lights.

(4)  A reversing light fitted to a motor vehicle must be wired so it operates only when the vehicle is reversing or in reverse gear.

(5)  A reversing light fitted to a trailer must be wired so it operates only when a motor vehicle towing the trailer is reversing or in reverse gear.

(6)  A yellow reversing light may also operate as a direction indicator light.

Division 11 Direction indicator lights

109 Direction indicator lights on motor vehicles

(1)  A motor vehicle with 4 or more wheels that was built after August 1966 must have:

(a)  a pair of direction indicator lights fitted on, or towards, its front that face forwards, and

(b)  a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

(2)  A motor vehicle with less than 4 wheels that was built after June 1975 must have:

(a)  a pair of direction indicator lights fitted on, or towards, its front that face forwards, and

(b)  a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

(3)  A motor vehicle that is not required to have direction indicator lights may have:

(a)  1 or more pairs of direction indicator lights that are visible from both the front and rear of the vehicle, or

(b)  both:

(i)  a pair of direction indicator lights fitted on, or towards, its front that face forwards, and

(ii)  a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

110 Direction indicator lights on trailers

(1)  A trailer built after June 1973 must have a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

(2)  A trailer that is not required to have direction indicator lights may have 1 or more pairs of direction indicator lights fitted on, or towards, its rear that face backwards.

111 Location of direction indicator lights

(1)  A pair of direction indicator lights fitted to a vehicle must have the centre of each light at least:

(a)  for a motor bike or the single wheel end of a motor trike—300 millimetres from the centre of the other light, and

(b)  for lights fitted at the 2 wheel end of a motor trike—600 millimetres from the centre of the other light, unless the centre of each direction indicator light is not over 400 millimetres from the nearer side of the vehicle, and

(c)  for another vehicle with a width of not over 1300 millimetres—400 millimetres from the centre of the other light, and

(d)  for another vehicle with a width of over 1300 millimetres—600 millimetres from the centre of the other light.

(2)  The centre of each direction indicator light must be at least 350 millimetres above ground level.

(3)  The centre of each light in a pair of direction indicator lights required to be fitted to a vehicle must not be over:

(a)  1.5 metres above ground level, or

(b)  if it is not practicable for the light to be fitted lower—2.1 metres above ground level.

(4)  For subclause (1), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

112 Operation and visibility of direction indicator lights

(1)  A direction indicator light fitted to a motor vehicle must:

(a)  when operating, display regular flashes of light at a rate of not over 120, and:

(i)  for a motor vehicle with 4 or more wheels—at least 60, flashes a minute, and

(ii)  for another motor vehicle—at least 45, flashes a minute, and

(b)  be able to be operated by a person in the normal driving position, and

(c)  be wired to an audible or visible device in the vehicle that tells the driver that the direction indicator light is operating, and

(d)  flash at the same time and rate as any other direction indicator lights fitted on the same side of the vehicle.

(2)  A direction indicator light fitted to a side of a trailer must, when operating, flash at the same time and rate as the direction indicator light or lights fitted to the same side of the motor vehicle towing the trailer.

(3)  The flashes of light displayed by a direction indicator light must be:

(a)  if the light faces forward—white or yellow, and

(b)  if the light faces backwards:

(i)  yellow, or

(ii)  for a vehicle built before July 1973—yellow or red, and

(c)  if the light faces out from the side of the vehicle:

(i)  white or yellow towards the front and side, and

(ii)  for a vehicle built before July 1973—yellow or red towards the rear and side, and

(iii)  for a vehicle built after June 1973—yellow towards the rear and side.

Note—

The ADRs only allow yellow direction indicator lights.

(4)  If a motor vehicle’s direction indicator lights display only yellow light, the vehicle may be equipped to allow the lights to operate simultaneously on both sides of the vehicle, if a visible or audible signal tells the driver when the lights are operating simultaneously.

(5)  When on, a direction indicator light must be visible 30 metres from:

(a)  if the light faces forwards—the front of the vehicle, or

(b)  if the light faces backwards—the rear of the vehicle, or

(c)  if the light faces out from the side of the vehicle—that side of the vehicle.

(6)  When on, each direction indicator light in at least 1 pair of lights fitted on or towards the front of a prime mover, or a motor vehicle over 7.5 metres long, must be visible at a point:

(a)  1.5 metres at right angles from the side of the vehicle where the light is fitted, and

(b)  in line with the rear of the vehicle.

Division 12 Fog lights

113 Front fog lights

(1)  A pair of front fog lights may be fitted to a motor vehicle with 4 or more wheels.

(2)  A pair of front fog lights, or a single front fog light, may be fitted to a motor bike or trike.

(3)  A pair of front fog lights fitted to a motor vehicle with 4 or more wheels must have the centre of each light not over 400 millimetres from the nearer side of the vehicle unless the centres of the lights are at least 600 millimetres apart.

(4)  If the top of the front fog light is higher than the top of any low-beam headlight on the vehicle, the centre of the fog light must not be higher than the centre of the low-beam headlight.

(5)  A front fog light must:

(a)  when on:

(i)  project white or yellow light in front of the vehicle, and

(ii)  be a low-beam light, and

(b)  be able to be operated independently of any headlight, and

(c)  be fitted so the light from it does not reflect off the vehicle into the driver’s eyes.

114 Rear fog lights

(1)  A vehicle may have fitted to its rear:

(a)  a pair of rear fog lights, or

(b)  1 rear fog light fitted on, or to the right, of the centre of the vehicle.

(2)  Subclause (1) (b) applies to a motor bike with an attached sidecar as if the sidecar were not attached.

(3)  A rear fog light must:

(a)  have its centre:

(i)  not over 1.5 metres above ground level, and

(ii)  at least 100 millimetres from the centre of a brake light, and

(b)  when on, project red light behind the vehicle, and

(c)  not use over 27 watts power, and

(d)  be wired to a visible device in the vehicle that tells the driver that the rear fog light is operating.

Division 13 Interior lights

115 Interior lights

A vehicle may be fitted with interior lights that illuminate any interior part of the vehicle.

Division 14 Reflectors generally

116 General requirements for reflectors

(1)  A reflector fitted to a vehicle must show a red, yellow or white reflection of light when light is projected directly onto the reflector at night by a low-beam headlight that:

(a)  is 45 metres from the reflector, and

(b)  complies with this Schedule.

(2)  The reflection must be clearly visible from the position of the headlight.

(3)  A reflector may be in the form of reflecting sheeting or tape or other efficient reflecting material.

Division 15 Rear reflectors

117 Rear reflectors

(1)  A motor vehicle with 4 or more wheels, and a trailer, must have a rear-facing red reflector towards each side of its rear.

(2)  A motor bike, a sidecar attached to a motor bike, and a motor trike, must have a rear-facing red reflector.

(3)  The centre of each reflector must be:

(a)  at the same height above ground level, and

(b)  not over 1.5 metres above ground level.

(4)  However, subclause (3) does not apply to a reflector fitted to a sidecar attached to a motor bike.

(5)  A reflector fitted to a motor vehicle with 4 or more wheels, or a trailer, must not be over 400 millimetres from the nearer side of the vehicle.

(6)  A vehicle fitted with rear-facing red reflectors in accordance with subclause (1) or (2) may be fitted with additional red reflectors at any height above ground level or at any distance from the side of the vehicle.

Division 16 Side reflectors

118 Compulsory side reflectors on pole-type trailers

(1)  Yellow or red side-facing reflectors must be fitted to the pole of a pole-type trailer so:

(a)  1 reflector is fitted to the middle third of the left and right faces of the pole, and

(b)  the front reflector is not over 3 metres from the front of the trailer, and

(c)  the other reflectors are not over 3 metres apart.

(2)  Additional side-facing reflectors may be fitted to a pole-type trailer in accordance with clause 119.

119 Optional side reflectors

(1)  A vehicle may be fitted with side-facing reflectors.

(2)  A side-facing reflector:

(a)  towards the front of the vehicle must be yellow or white, and

(b)  towards the rear of the vehicle must be yellow or red, and

(c)  on the central part of the vehicle must be yellow.

Division 17 Front reflectors

120 Compulsory front reflectors on trailers

(1)  A front-facing white or yellow reflector must be fitted towards each side of the front of:

(a)  a semi-trailer, except a pole-type trailer, and

(b)  the front cross-bar or bolster of a pole-type trailer, and

(c)  a trailer that is at least 2.2 metres wide.

(2)  Each reflector must have its centre:

(a)  at the same height above ground level, and

(b)  not over 1.5 metres above ground level, and

(c)  not over 400 millimetres from the nearer side of the vehicle.

(3)  Additional front-facing reflectors may be fitted to a trailer mentioned in subclause (1) in accordance with clause 121.

121 Optional front reflectors

(1)  A motor vehicle with 4 or more wheels, or a trailer, may have 1 or more front-facing white or yellow reflectors fitted towards each side of its front.

(2)  A motor vehicle with less than 4 wheels may have 1 or more front-facing white or yellow reflectors.

(3)  The centre of at least 1 reflector on each side of the front of the vehicle must be:

(a)  at the same height above ground level as the centre of the other reflector, and

(b)  the same distance from the longitudinal axis of the vehicle as the centre of the other reflector, and

(c)  at least:

(i)  for a vehicle with a width under 1300 millimetres—400 millimetres from the centre of the other reflector, and

(ii)  for another vehicle—600 millimetres from the centre of the other reflector.

(4)  For subclause (3) (c), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

Division 18 Spot and search lights

122 Spot and search lights

A motor vehicle may be equipped with a spot or search light.

Division 19 Other lights, reflectors, rear marking plates or signals

123 Other lights and reflectors

(1)  A vehicle may be fitted with any light or reflector not mentioned in this Schedule.

(2)  However, unless subclauses (3) or (4) apply, a vehicle must not display:

(a)  a light that flashes, or

(b)  a light or reflector that:

(i)  shows a red light to the front, or

(ii)  shows a white light to the rear, or

(iii)  is shaped or located in a way that reduces the effectiveness of a light or reflector that is required to be fitted to the vehicle under this Schedule.

(3)  Despite any requirement of a third edition ADR, an emergency vehicle or police vehicle may be fitted with any light or reflector.

(4)  Despite any requirement of a third edition ADR, the following vehicles may be fitted with a light or lights, at least one of which must be mounted on top of the vehicle, capable of displaying a flashing or rotating light:

(a)  ambulances,

(b)  police vehicles,

(c)  fire fighting vehicles,

(d)  mines rescue or other rescue vehicles,

(e)  Red Cross vehicles used for conveyance of blood for urgent transfusions,

(f)  public utility service vehicles,

(g)  tow-trucks,

(h)  motor breakdown service vehicles,

(i)  vehicles used for the delivery of milk that are required to stop at frequent intervals,

(j)  buses used solely or principally for the conveyance of children to or from school,

(k)  vehicles exceeding the length, width and height limits of this Schedule,

(l)  vehicles frequently used to transport loads that exceed the maximum length, width and height limits of this Schedule,

(m)  vehicles used to escort vehicles referred to in paragraph (k) or (l),

(n)  vehicles used by the Authority,

(o)  vehicles used by an employee of a council of a local government area for the purposes of enforcing excess weight limits legislation (within the meaning of clause 56 (2) of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999),

(p)  such other vehicles as are approved by the Authority.

(5)  Any such light must be capable of displaying:

(a)  in the case of a police vehicle, ambulance or fire fighting vehicle—a blue or red light, or

(b)  in the case of a Red Cross vehicle, a mines rescue or other rescue vehicle or an emergency vehicle within the meaning of the Australian Road Rules (other than a vehicle referred to in paragraph (a))—a red light, or

(c)  in the case of a vehicle used by the Authority or a vehicle used by a council of a local government area for the purposes of enforcing excess weight limits legislation (within the meaning of clause 56 (2) of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999)—a crimson light, or

(d)  in the case of fire brigade emergency site command vehicle—a green light, or

(e)  in the case of any other vehicle—a yellow light unless otherwise approved by the Authority.

(6)  The lens of any such light must not be visible, either directly or indirectly, to the driver of the motor vehicle or trailer to which it is fitted when that driver is seated in the normal driving position.

(7)  The light from any such light mounted on the top of the vehicle must be visible in normal sunlight from a distance of at least 200 m to a driver approaching that vehicle from any direction.

124 Flashing direction indicator lights

(1)  A motor vehicle that:

(a)  is specified in clause 123 (4), and

(b)  has direction indicator lights that show yellow light to the front,

may be equipped with a device that will cause the direction indicator lights fitted to the front and rear and on both sides of the vehicle, and any trailer connected to the vehicle, to flash simultaneously and regularly at a rate of not less than 60 and not more than 120 flashes per minute.

(2)  When all such lights fitted to a motor vehicle and trailer (if any) are flashing simultaneously, there must be an indicator that will inform the driver, by visible and audible means, that the lights are flashing.

125 Flashing lights on other vehicles—street vending vehicles

Street vending vehicles must be fitted with a flashing warning light mounted on the roof of the vehicle. Any such light must:

(a)  be capable of displaying a rotating, flashing, yellow coloured light, and

(b)  commence to emit light within 1 second of being switched on, and

(c)  when switched on, flash regularly at a rate of not less than 60 times per minute, and

(d)  be connected to an indicator that will inform the driver, by visible and audible means, that the light is flashing, and

(e)  emit light that is visible in normal sunlight from a distance of at least 200 m to a driver approaching the vehicle from any direction.

126 Rear marking plates

(1)  In this clause:

rear marking plate means a rear marking plate complying with rule 13.6.101 of third edition ADR 13.

(2)  Rear marking plates must be fitted to:

(a)  a motor vehicle with a GVM over 12 tonnes, except a bus fitted with hand grips or similar equipment for standing passengers to hold, and

(b)  a trailer with a GTM over 10 tonnes.

(3)  Subclause (2) applies to a vehicle even if it was built before the date stated in the ADR.

(4)  Rear marking plates may be fitted to a motor vehicle with a GVM not over 12 tonnes or a trailer with a GTM not over 10 tonnes.

An example of rear marking plates

An alternative pattern for rear marking plates

127 Signalling devices

(1)  This clause applies to a motor vehicle if:

(a)  the vehicle is not fitted with a brake light or direction indicator light mentioned in Division 9 or 11, and

(b)  the construction of the vehicle would otherwise prevent the driver from hand signalling an intention:

(i)  to turn or move the vehicle to the right, or

(ii)  to stop or suddenly reduce the speed of the vehicle.

(2)  The vehicle must be fitted with a mechanical signalling device or a pair of turn signals.

128 Mechanical signalling devices

(1)  A mechanical signalling device must:

(a)  be fitted to the right side of the vehicle, and

(b)  be able to be operated by the driver from a normal driving position, and

(c)  consist of a white or yellow representation of an open human hand at least 15 centimetres long, and

(d)  be constructed so that the driver of the vehicle can keep the device:

(i)  in a neutral position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal, and

(ii)  in a horizontal position with the palm of the hand facing forwards and the fingers pointing out at a right angle to the vehicle to signal an intention to turn or move right, and

(iii)  with the palm of the hand facing forwards and the fingers pointing upwards to signal an intention to stop or reduce speed suddenly.

(2)  When the mechanical signalling device is in a position mentioned in subclause (1) (d) (ii) or (iii), the complete hand must be clearly visible from both the front and the rear of the vehicle, at a distance of 30 metres.

129 Turn signals

A turn signal must:

(a)  consist of a steady or flashing illuminated yellow sign at least 15 centimetres long and 25 millimetres wide that:

(i)  when in operation—is kept horizontal, and

(ii)  when not in operation—is kept in a position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal, and

(b)  be fitted to the side of the motor vehicle at least 50 centimetres and not over 2.1 metres above ground level, in a position so the driver of the vehicle, from the normal driving position, can see whether the signal is in operation, and

(c)  be able to be operated by the driver from the normal driving position, and

(d)  when in operation, be visible from both the front and rear of the vehicle at a distance of 30 metres.

Division 20 Vehicles not required to have lights or reflectors

130 Certain vehicles used in daylight

This Part does not apply to a vehicle built before 1931 that is used only in the daylight.

131 Certain vehicles used for exhibition purposes

This Part does not apply to a vehicle built before 1946 that is used mainly for exhibition purposes.

Part 6 Braking systems

Note—

This Part sets out the braking system requirements for vehicles to ensure that they can be reliably slowed or stopped even if a part of a braking system fails, and to ensure that a vehicle can be prevented from rolling away when parked.

The Part also includes special requirements for braking systems on B-doubles and road trains to ensure that the braking systems on the component vehicles are compatible. The special requirements do not apply to a road train that is 19 metres long or less.

Division 1 Brake requirements for all vehicles

132 Parts of a braking system

(1)  A brake tube or hose fitted to a vehicle must:

(a)  be manufactured from a material appropriate to its intended use in the vehicle, and

(b)  be long enough to allow for the full range of steering and suspension movements of the vehicle, and

(c)  be fitted to prevent it being damaged during the operation of the vehicle by:

(i)  a source of heat, or

(ii)  any movement of the parts to which it is attached or near.

(2)  Each component of the braking system of a vehicle must comply with the design and performance requirements of:

(a)  a relevant Australian Standard or British Standard as in force when this subclause commenced, or

(b)  a relevant standard approved by any of the following bodies, and as in force when this subclause commenced:

•  American Society of Automotive Engineers

•  American National Standards Institute

•  Japanese Standards Association

•  Deutsches Institut für Normung

•  International Organisation for Standardisation.

133 Provision for wear

The braking system of a vehicle must allow for adjustment to take account of normal wear.

134 Supply of air or vacuum to brakes

(1)  If air brakes are fitted to a vehicle:

(a)  the compressor supplying air to the brakes must be able to build up air pressure to at least 80% of the governor cut-out pressure in not over 5 minutes after the compressed air reserve is fully used up, and

(b)  for a vehicle with a GVM over 4.5 tonnes—the air storage tanks must have sufficient capacity to allow 5 applications of the service brakes before the air pressure drops below half the governor cut-out pressure, and

(c)  there must be an automatic or manual condensate drain valve at the lowest point of each air brake reservoir in the system, and

(d)  any spring brake fitted to the vehicle must not operate before the warning mentioned in clause 138 (4) (a) or 141 (3) (a) has been given.

(2)  If vacuum brakes are fitted to a vehicle, the vacuum supply must be able to build up vacuum:

(a)  to the level when the warning signal mentioned in clause 138 (4) (a) or 141 (3) (a) no longer operates within 30 seconds after the vacuum reserve is fully used up, and

(b)  to the normal working level within 60 seconds after the vacuum reserve is fully used up.

135 Performance of braking systems

(1)  One sustained application of the brake of a motor vehicle built after 1930, or a combination that includes a motor vehicle built after 1930, must be able to produce the performance mentioned in subclauses (2) to (7):

(a)  when the vehicle or combination is on a dry, smooth, level road surface, free from loose material, and

(b)  whether or not the vehicle or combination is loaded, and

(c)  without part of the vehicle or combination moving outside a straight path:

(i)  centred on the longitudinal axis of the vehicle or combination before the brake was applied, and

(ii)  3.7 metres wide.

(2)  The braking system of a motor vehicle or combination with a gross mass under 2.5 tonnes must bring the vehicle or combination from a speed of 35 kilometres an hour to a stop within:

(a)  12.5 metres when the service brake is applied, and

(b)  30 metres when the emergency brake is applied.

(3)  The braking system of a motor vehicle or combination with a gross mass of at least 2.5 tonnes must bring the vehicle or combination from a speed of 35 kilometres an hour to a stop within:

(a)  16.5 metres when the service brake is applied, and

(b)  40.5 metres when the emergency brake is applied.

(4)  The braking system of a motor vehicle or combination with a gross mass under 2.5 tonnes must decelerate the vehicle or combination, from any speed at which the vehicle or combination can travel, by an average of at least:

(a)  3.8 metres a second a second when the service brake is applied, and

(b)  1.6 metres a second a second when the emergency brake is applied.

(5)  The braking system of a motor vehicle or combination with a gross mass of at least 2.5 tonnes must decelerate the vehicle or combination, from any speed at which the vehicle or combination can travel, by an average of at least:

(a)  2.8 metres a second a second when the service brake is applied, and

(b)  1.1 metres a second a second when the emergency brake is applied.

(6)  The braking system of a motor vehicle or combination with a gross mass under 2.5 tonnes must achieve a peak deceleration of the vehicle or combination, from any speed at which the vehicle or combination can travel, of at least:

(a)  5.8 metres a second a second when the service brake is applied, and

(b)  1.9 metres a second a second when the emergency brake is applied.

(7)  The braking system of a motor vehicle or combination with a gross mass of at least 2.5 tonnes must achieve a peak deceleration of the vehicle or combination, from any speed at which the vehicle or combination can travel, of at least:

(a)  4.4 metres a second a second when the service brake is applied, and

(b)  1.5 metres a second a second when the emergency brake is applied.

(8)  The parking brake of a vehicle or combination must be able to hold the vehicle or combination stationary on a 12% gradient.

Division 2 Motor vehicle braking systems

136 What braking system a motor vehicle must have

(1)  In this clause:

independent brake, for a vehicle, means a brake that is operated entirely separately from any other brake on the vehicle, except for any drum, disc or part, on which a shoe, band or friction pad makes contact, that is common to 2 or more brakes.

(2)  A motor vehicle with 4 or more wheels built, or used, mainly for transporting goods or people by road must be fitted with:

(a)  a braking system that:

(i)  consists of brakes fitted to all wheels of the vehicle, and

(ii)  has at least 2 separate methods of activation, arranged so effective braking remains on at least 2 wheels if a method fails, or

(b)  2 independent brakes, each of which, when in operation, acts directly on at least half the number of wheels of the vehicle.

(3)  The braking system of a motor vehicle mentioned in subclause (2) that was built after 1945 must have a service brake operating on all wheels that, when applied:

(a)  acts directly on the wheels and not through the vehicle’s transmission, or

(b)  acts on a shaft between a differential of the vehicle and a wheel.

(4)  The braking system of a motor vehicle with 4 or more wheels must have a parking brake that:

(a)  is held in the applied position by direct mechanical action without the intervention of an electrical, hydraulic or pneumatic device, and

(b)  is fitted with a locking device that can hold the brake in the applied position, and

(c)  has its own separate control.

(5)  The parking brake may also be the emergency brake.

(6)  If 2 or more independent brakes are fitted to a motor vehicle with 4 or more wheels, the brakes must be arranged so brakes are applied to all the wheels on at least 1 axle of the vehicle when any brake is operated.

(7)  A motor bike or motor trike must be fitted with:

(a)  2 independent brakes, or

(b)  a single brake that acts directly on all wheels of the vehicle and is arranged so effective braking remains on at least 1 wheel if a part of the system fails.

(8)  Subclause (7) applies to a motor bike with a sidecar attached as if the sidecar were not attached.

(9)  A motor trike must have a parking brake that is held in the applied position by mechanical means.

137 Operation of brakes on motor vehicles

The braking system on a motor vehicle must be arranged to allow the driver of the motor vehicle to apply the brakes from a normal driving position.

138 Air or vacuum brakes on motor vehicles

(1)  If a motor vehicle has air brakes, the braking system of the vehicle must include at least 1 air storage tank.

(2)  If a motor vehicle has vacuum brakes, the braking system of the vehicle must include at least 1 vacuum storage tank.

(3)  An air or vacuum storage tank must be built so the service brake can be applied to meet the performance standards of clause 135 at least twice if the engine of the vehicle stops or the source of air or vacuum fails.

(4)  An air or vacuum storage system must:

(a)  be built to give a visible or audible warning to the driver, while in a normal driving position, of a lack of air or vacuum that would prevent the service brake from being applied to meet the performance standards of clause 135 at least twice, and

(b)  be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks.

(5)  However, subclause (4) (a) does not apply to a vehicle with a GVM of 4.5 tonnes or less that is fitted with an air or vacuum assisted braking system.

(6)  If air or vacuum brakes are fitted to a motor vehicle equipped to tow a trailer, the brakes of the vehicle must be able to stop the vehicle, at the performance standards for emergency brakes under clause 135 if the trailer breaks away.

(7)  The braking system of a motor vehicle equipped to tow a trailer fitted with air brakes must include protection against loss of supply line air or brake control signal air.

(8)  The protection mentioned in subclause (7) must:

(a)  operate automatically if a brake supply line hose connecting the motor vehicle and a trailer fails, and

(b)  maintain enough air pressure to allow the brakes to be applied to meet performance standards for emergency brakes under clause 135, and

(c)  include a visible or audible warning to the driver.

Division 3 Trailer braking systems

139 What brakes a trailer must have

(1)  A trailer with a GTM over 750 kilograms must have brakes that operate on at least 1 wheel at each end of 1 or more axles of the trailer.

(2)  A semi-trailer or converter dolly with a GTM over 2 tonnes must have brakes that operate on all its wheels.

140 Operation of brakes on trailers

(1)  The braking system of a trailer with a GTM over 2 tonnes must allow the driver of a motor vehicle towing the trailer to operate the brakes from a normal driving position.

(2)  However, subclause (1) does not apply to an unloaded converter dolly that weighs under 3 tonnes if the motor vehicle towing the converter dolly has a GVM over 12 tonnes.

(3)  The brakes on a trailer with a GTM over 2 tonnes must:

(a)  operate automatically and quickly if the trailer breaks away from the towing vehicle, and

(b)  remain in operation for at least 15 minutes after a break-away, and

(c)  be able to hold the trailer on a 12% grade while in operation after a break-away.

141 Air or vacuum brakes on trailers

(1)  If a trailer has air brakes, its braking system must include at least 1 air storage tank.

(2)  If a trailer has vacuum brakes, its braking system must include at least 1 vacuum storage tank.

(3)  An air or vacuum storage system must:

(a)  be built to give a visible or audible warning to the driver of the towing vehicle, while in a normal driving position, of a lack of air or vacuum that would prevent the brakes from meeting the performance standards of clause 135, and

(b)  be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks.

(4)  Subclauses (1), (2) and (3) do not apply to a trailer with a GTM of 2 tonnes or less.

Division 4 Additional brake requirements for B-doubles and long road trains

142 Application of Division to certain road trains

This Division does not apply to a road train, or a vehicle used in a road train, if the road train has a length of 19 metres or less.

143 Braking system design for a prime mover in a B-double

(1)  A prime mover used in a B-double must comply with second edition ADR 35A or third edition ADR 35.

(2)  A prime mover used in a B-double must also have an anti-lock braking system complying with third edition ADR 64, if the prime mover:

(a)  was built after 1989, or

(b)  was first used in a B-double after 1993, or

(c)  is used in a B-double that includes a road tank vehicle carrying dangerous goods.

144 Braking system design for motor vehicles in road trains

The performance of the service, secondary and parking brake systems of a motor vehicle used in a road train must comply with second edition ADR 35A or third edition ADR 35 if the vehicle would not otherwise be required to comply with an ADR about braking.

145 Braking system design for trailers in B-doubles or road trains

(1)  The performance of the service, secondary and parking brake systems of a trailer used in a B-double or road train must comply with second edition ADR 38 or third edition ADR 38 if the trailer would not otherwise be required to comply with an ADR about braking.

(2)  A road train trailer to which subclause (1) applies need not be fitted with a mechanical parking brake if it carries wheel chocks that provide a performance equal to the performance standard required for a parking brake system.

(3)  A semi-trailer, regardless of when it was built, must have an anti-lock braking system that complies with third edition ADR 38/01, if:

(a)  it is being used in a B-double that includes a road tank vehicle, whether or not the semi-trailer is itself a road tank vehicle, and

(b)  the road tank vehicle is carrying dangerous goods.

146 Air brakes of motor vehicles in B-doubles or road trains

(1)  If a B-double or road train is fitted with brakes that operate using compressed air, the braking system of the motor vehicle must comply with subclauses (2) and (3) when:

(a)  the pressure is measured in an 800 millilitre vessel connected by a 2 metre pipe with a bore of approximately 13 millimetres to the coupling head of the braking system, and

(b)  the air pressure before the brakes are applied is not under:

(i)  the average of the maximum and minimum pressures in the operating pressure range specified by the vehicle’s manufacturer, or

(ii)  if there is no manufacturer’s specification—650 kilopascals.

(2)  The pressure must reach at least 420 kilopascals within 400 milliseconds after the rapid and complete application of the foot-operated brake control.

(3)  After the brakes have been fully applied, the pressure must fall, within half a second after the release of the foot-operated brake control, to 35 kilopascals.

147 Air brakes in a B-double or road train: least favoured chamber

(1)  In this clause:

least favoured chamber means the brake chamber with the longest line to the treadle valve in the prime mover.

(2)  The pressure in the least favoured chamber of the braking system of a B-double or road train with brakes that operate using compressed air must comply with subclauses (3) and (4) when the air pressure before the brakes are applied is not under:

(a)  the average of the maximum and minimum pressures in the operating pressure range specified by the vehicle’s manufacturer, or

(b)  if there is no manufacturer’s specification—650 kilopascals.

(3)  The pressure must reach at least 420 kilopascals within:

(a)  for a B-double—1 second after the rapid and complete application of the foot-operated brake control, or

(b)  for a road train—1.5 seconds after the rapid and complete application of the foot-operated brake control.

(4)  After the brakes have been fully applied, the pressure must fall to 35 kilopascals, or the pressure at which the friction surfaces cease to contact each other, within:

(a)  for a B-double—1 second after the release of the foot-operated brake control, or

(b)  for a road train—1.5 seconds after the release of the foot-operated brake control.

148 Recovery of air pressure for brakes in B-doubles and road trains

The air pressure in each air brake reservoir in a B-double or road train must recover to at least 420 kilopascals within 1 minute after 3 full brake applications have been made within a 10 second period if, before the 3 brake applications have been made:

(a)  the engine is running at maximum speed, and

(b)  the governor cut-in pressure is no higher than:

(i)  the pressure specified by the vehicle’s manufacturer, or

(ii)  if there is no manufacturer’s specification—550 kilopascals, and

(c)  the air pressure in the storage tanks of the vehicle is not under:

(i)  the average of the maximum and minimum pressures in the operating pressure range specified by the vehicle’s manufacturer, or

(ii)  if there is no manufacturer’s specification—650 kilopascals.

149 Air supply for brakes in B-doubles and road trains

A B-double or road train that uses compressed air to operate accessories must have:

(a)  sufficient air compressor capacity and air receiver volume to ensure that the operation of the accessories does not adversely affect brake performance, and

(b)  a compressed air system built to ensure that the brake system is preferentially charged.

150 Brake line couplings

(1)  Brake line couplings on the same part of a vehicle in a B-double or road train must not be interchangeable.

(2)  The couplings must be polarised in accordance with Australian Standard AS D8–1971Hose Couplings for Use with Vacuum and Air-Pressure Braking Systems on Prime Movers, Trailers and Semi-trailers if the hoses used with the brake couplings are used for the same purpose as the hoses mentioned in the standard.

151 Simultaneous parking brake application

(1)  If the parking brake of a motor vehicle in a B-double or road train is applied, the parking brakes of any attached trailer must be applied automatically.

(2)  This clause does not apply to a trailer carrying wheel chocks complying with clause 145 (2).

152 Capacity of air reservoirs

(1)  The capacity of the air storage tanks of a motor vehicle used in a B-double or road train must be at least 12 times the volume of all the brake activation chambers on the motor vehicle.

(2)  The capacity of the air storage tanks of a trailer used in a B-double or road train must be at least 8 times the volume of all the brake activation chambers on the trailer.

Part 7 Control of emissions

Note—

This Part sets out requirements to ensure that motor vehicles do not emit too much smoke or noise and that exhaust gases cannot enter the passenger compartment of a vehicle.

Division 1 Crank case gases and visible emissions

153 Crank case gases

(1)  This clause applies to a motor vehicle with 4 or more wheels that is powered by a petrol engine and was built after 1971.

(2)  The vehicle must be built to prevent, or fitted with equipment that prevents, crank case gases from escaping to the atmosphere.

154 Visible emissions

(1)  This clause applies to a motor vehicle that is propelled by an internal combustion engine and was built after 1930.

(2)  The vehicle must not emit visible emissions for a continuous period of at least 10 seconds.

(3)  However, this clause does not apply to emissions that are visible only because of heat or the condensation of water vapour.

Division 2 Exhaust systems

155 Exhaust systems

(1)  The outlet of the exhaust system fitted to a motor vehicle with a GVM over 4.5 tonnes (except a bus) must extend:

(a)  behind the back seat, and

(b)  at least 40 millimetres beyond the outermost joint of the floorpan that is not continuously welded or permanently sealed, and

(c)  to the edge of the vehicle, if:

(i)  the body of the vehicle is permanently enclosed, and

(ii)  the vehicle is not fitted with a vertical exhaust system, and

(d)  no further than the edge of the vehicle at its widest point.

(2)  The outlet must discharge the main exhaust flow to the air:

(a)  if the vehicle is fitted, or required under a law of this jurisdiction to be fitted, with an exhaust system with a vertical outlet pipe:

(i)  at an angle above the horizontal, and

(ii)  at least 150 millimetres above the cab of the vehicle, and

(iii)  rearwards or to the right of the vehicle, and

(b)  in any other case:

(i)  horizontally or at an angle of not over 45° downwards, and

(ii)  under 750 millimetres above ground level, and

(iii)  rearwards or to the right of the vehicle.

(3)  An exposed section of a vertical exhaust system fitted to a motor vehicle (except a bus) with a GVM over 4.5 tonnes must be positioned or shielded to prevent injury.

(4)  The outlet of the exhaust system fitted to a bus with a GVM over 4.5 tonnes must:

(a)  be as near as practicable to the rear of the vehicle, and

(b)  extend no further than the edge of the bus at its widest point.

(5)  The outlet must discharge the main exhaust flow to the air:

(a)  if the bus is fitted, or required under a law of this jurisdiction to be fitted, with an exhaust system with a vertical outlet pipe:

(i)  behind the passenger compartment, and

(ii)  at an angle above the horizontal, and

(iii)  upwards or rearwards, and

(b)  in any other case:

(i)  horizontally or at an angle of not over 45° downwards, and

(ii)  rearwards or to the right of the vehicle.

(6)  A vertical exhaust system fitted to a motor vehicle with a GVM over 4.5 tonnes must:

(a)  if the vehicle is fitted with an exhaust system with a vertical outlet pipe that does not direct the main exhaust flow straight up—direct the flow rearwards at an angle within 0° to 45° of the longitudinal centre line of the vehicle, and

(b)  if a rain cap is fitted to the outlet pipe—be installed so the hinge of the cap is at an angle of 90° (plus or minus 10°) to the longitudinal centre line of the vehicle when viewed from above.

Bus exhaust outlet pipe

Division 3 Noise emissions

156 Silencing device for exhaust systems

A motor vehicle propelled by an internal combustion engine must be fitted with a silencing device through which all the exhaust from the engine passes.

157 Stationary noise levels—car-type vehicles and motor bikes and trikes

(1)  In this clause:

car-type vehicle means:

(a)  a car, or

(b)  a utility truck, panel van, or another motor vehicle derived from a car design, or

(c)  another motor vehicle with 4 or more wheels that is built mainly to carry not over 9 people including the driver.

(2)  The stationary noise level of a car-type vehicle, or motor bike or trike, must not exceed:

(a)  for a car-type vehicle built after 1982—90 dB(A), or

(b)  for another car-type vehicle—96 dB(A), or

(c)  for a motor bike or trike built after February 1985—94 dB(A), or

(d)  for another motor bike or trike—100 dB(A).

(3)  However, this clause does not apply to a car-type vehicle built after 1982 for 2 years after the commencement of this clause, if:

(a)  the stationary noise level of the vehicle does not exceed 96 dB(A), and

(b)  the stationary noise level limit applying to the vehicle under the law of the State or Territory where the vehicle is registered, or otherwise authorised to be driven on a road or road-related area, by a vehicle registration authority is not 90 dB(A) or less.

158 Stationary noise levels—other vehicles with spark ignition engines

(1)  This clause applies to a motor vehicle (except a motor vehicle to which clause 157 applies) with a spark ignition engine.

(2)  The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under the table.

Column 1	Column 2	Column 3	Column 4	Column 5
Item	GVM (t)	Exhaust height (mm)	When vehicle built	Noise level (dB(A))
1	<3.5	<1500	before July 1983	92
			after June 1983	89
2	>3.5	<1500	before July 1983	98
			after June 1983	95
3	<3.5	>1500	before July 1983	88
			after June 1983	85
4	>3.5	>1500	before July 1983	94
			after June 1983	91

159 Stationary noise levels—other vehicles with diesel engines

(1)  This clause applies to a motor vehicle (except a motor vehicle to which clause 157 applies) with a diesel engine.

(2)  The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under the table.

Column 1	Column 2	Column 3	Column 4	Column 5
Item	GVM (t)	Exhaust height (mm)	When vehicle built	Noise level (dB(A))
1	<3.5	<1500	before July 1980	105
			after June 1980 but before July 1983	102
			after June 1983	99
2	>3.5 but <12	<1500	before July 1980	107
			after June 1980 but before July 1983	104
			after June 1983	101
3	>12	<1500	before July 1980	109
			after June 1980 but before July 1983	106
			after June 1983	103
4	<3.5	>1500	before July 1980	101
			after June 1980 but before July 1983	98
			after June 1983	95
5	>3.5 but <12	>1500	before July 1980	103
			after June 1980 but before July 1983	100
			after June 1983	97
6	>12	>1500	before July 1980	105
			after June 1980 but before July 1983	102
			after June 1983	99

160 Measurement of stationary noise levels

For this Division, the stationary noise level of a motor vehicle is to be measured in accordance with the test method mentioned in the Roadworthiness Guidelines that are approved by the Ministerial Council and current at the commencement of this clause.

Note—

The Roadworthiness Guidelines are published by the National Road Transport Commission and available from AusInfo Bookshops.

Part 8 LPG fuel systems

Note—

This Part sets out requirements to ensure that LPG fuel systems are safely installed in motor vehicles and that vehicles with LPG installed can be identified as LPG-powered vehicles.

161 LPG-powered vehicle

(1)  A motor vehicle equipped to run on LPG must comply with the requirements for the use of LPG in vehicles in:

(a)  the version of Australian Standard AS 1425 in force at the commencement of this clause, or

(b)  if an earlier version of the standard was current when the vehicle was first equipped to run on LPG—that version.

(2)  A vehicle equipped to run on LPG must have fixed conspicuously to the front and rear number plates a label that is:

(a)  made of durable material, and

(b)  at least 25 millimetres wide and 25 millimetres high, and

(c)  reflective red conforming to Australian Standard AS 1742–1975Manual of Uniform Traffic Control Devices, Appendix C, Class 2, and

(d)  marked “LPGAS” or “LPG”, or with words or acronyms to similar effect, in capital letters at least 6 millimetres high.

Part 9 Maximum road speed limiting

Note—

This Part requires certain heavy vehicles built after 1987, but before July 1991, to have a restricted top speed. However, emergency vehicles and certain 2-axle prime movers owned by farmers and used in primary production are exempt.

162 Speed limiting

(1)  A bus with a GVM over 14.5 tonnes that was built after 1987 must comply with third edition ADR 65.

(2)  A prime mover with a GVM over 15 tonnes that was built after 1987 must comply with third edition ADR 65.

(3)  For third edition ADR 65, the maximum road speed capability of a motor vehicle used in a road train is 90 kilometres an hour.

Note—

Vehicle Standards Bulletin 2 (VSB 2) contains the requirements of third edition ADR 65. The Bulletin is available from the Federal Office of Road Safety.

163 Exemptions from speed limiting

Clause 162 does not apply to:

(a)  an emergency vehicle or police vehicle, or

(b)  a bus fitted with hand grips or similar equipment for standing passengers to hold, or

(c)  a 2-axle prime mover if:

(i)  it was built after 1987 but before July 1991, and

(ii)  its owner is a person who uses it for agriculture, horticulture, or other primary production activities (except forestry, fishing and mining).

Part 10 Mechanical connections between vehicles

Note—

This Part sets out various requirements to ensure that the couplings used when operating motor vehicles and trailers in combinations are strong enough to hold them together. The requirements in this Part about the mechanical connections between vehicles in a road train do not apply to a road train 19 metres long or less.

Division 1 Couplings on all types of vehicles

164 General coupling requirements

(1)  A fifth wheel coupling, the mating parts of a coupling, a kingpin or a towbar must not be used for a load more than the manufacturer’s load rating.

(2)  A kingpin must be used only with a fifth wheel coupling that has a corresponding jaw size.

Example

An adaptor must not to be used to fit a kingpin to a fifth wheel coupling.

(3)  The mating parts of a coupling used to connect a semi-trailer to a towing vehicle must not allow the semi-trailer to roll to an extent that makes the towing vehicle unstable.

165 Drawbar couplings

(1)  A coupling for attaching a trailer, except a semi-trailer or pole-type trailer, to a towing vehicle must be built and fitted so:

(a)  the coupling is equipped with a positive locking mechanism, and

(b)  the positive locking mechanism can be released regardless of the angle of the trailer to the towing vehicle.

(2)  A coupling fitted to a trailer first registered on or after 1 August 1963 must have clearly and permanently stamped, moulded or otherwise branded on its main component:

(a)  means of identifying its manufacturer, and

(b)  the maximum gross weight of the trailer it is designed to tow.

(3)  If the trailer is in a combination and is not fitted with breakaway brakes in accordance with clause 140 (3), it must be connected to the towing vehicle by at least 1 chain, cable or other flexible device, as well as the coupling required by subclause (1).

(4)  Any such safety connection must be as short as practicable and be so connected and affixed that:

(a)  it is not liable to accidental disconnection but is readily detachable from the towing vehicle, and

(b)  it permits all normal angular movements of the coupling without more slack than is necessary, and

(c)  it will prevent the forward end of the drawbar from striking the ground in the event of accidental disconnection of the coupling, and

(d)  if it consists of more than one chain or wire rope, the chains or wire ropes are in a crossed-over position.

(5)  Any chain or wire rope in such a safety connection must:

(a)  if a chain be of welded iron links, and

(b)  if a wire rope have a strength of at least that of a chain of the same diameter, and

(c)  be of a size specified in the following table:

Table

Gross weight of trailer	Minimum size of chain or wire rope
Up to 500 kg	6.3 mm diameter
Exceeding 500 kg but not exceeding 1.3 tonnes	9.5 mm diameter
Exceeding 1.3 tonnes	12.6 mm diameter

Division 2 Additional coupling requirements for B-doubles and long road trains

166 Application of Division to road trains

This Division does not apply to a vehicle, coupling, or part of a coupling, used in a road train not over 19 metres long.

167 Couplings for B-doubles and road trains

(1)  A fifth wheel coupling used to connect a towing vehicle to a semi-trailer used in a B-double or road train must not be built with a pivot that allows a semi-trailer to roll relative to the towing vehicle.

(2)  However, subclause (1) does not apply to a fifth wheel coupling if:

(a)  the semi-trailer design requires torsional stresses to be minimised, and

(b)  the roll axis of the fifth wheel coupling is above the surface of the coupler plate, and

(c)  the degree of rotation allowed around the roll axis of the fifth wheel coupling is restricted to prevent roll instability.

(3)  A trailer with only 1 axle group, or a single axle, (except a semi-trailer or a converter dolly) that is used in a road train must not have a coupling fitted at its rear.

168 Selection of fifth wheel couplings for B-doubles and road trains

(1)  A fifth wheel coupling used in a B-double or road train must have a D-value complying with Australian Standard AS 1773–1990Articulated Vehicles—Fifth Wheel Assemblies.

(2)  A turntable used in a B-double or road train must have a D-value complying with Australian Standard AS 1773–1990Articulated Vehicles—Fifth Wheel Assemblies.

(3)  If a fifth wheel coupling used in a B-double or road train is built for a 50 millimetre or 90 millimetre kingpin, the coupling must:

(a)  meet the dimension requirements in Australian Standard AS 1773–1990Articulated Vehicles—Fifth Wheel Assemblies, and

(b)  not be worn away more than recommended by the standard.

(4)  If a fifth wheel coupling used in a B-double or road train is built for a 75 millimetre kingpin, the coupling must:

(a)  be compatible with the kingpin mentioned in clause 172 (3), and

(b)  not be worn away so that it does not comply with clause 169.

169 D-value of a fifth wheel coupling

In testing a fifth wheel coupling built for a 75 millimetre kingpin used in a B-double or road train to decide whether its D-value complies with clause 168 (1), the longitudinal movement (after readjusting the jaws of the coupling using a kingpin built to the dimensions mentioned in clause 172 (3) (a)) must not be over 4 millimetres.

170 Mounting of fifth wheel couplings on B-doubles and road trains

A fifth wheel coupling must be mounted on a prime mover, or a semi-trailer used in a B-double or road train, in accordance with Australian Standard AS 1771–1987Installation of Fifth Wheel and Turntable Assemblies.

171 Branding of fifth wheel couplings and turntables on B-doubles and road trains

(1)  A fifth wheel coupling on a vehicle built after June 1991 forming part of a B-double or road train must be clearly and permanently marked in accordance with Australian Standard AS 1773–1990Articulated Vehicles—Fifth Wheel Assemblies with:

(a)  the name or trademark of its manufacturer, and

(b)  its D-value rating, and

(c)  its nominal size.

(2)  A turntable used in a vehicle built after the commencement of this clause that forms part of a B-double or road train must be marked with:

(a)  the name or trademark of the turntable’s manufacturer, and

(b)  the D-value rating of the turntable in accordance with Australian Standard AS 1773–1990Articulated Vehicles—Fifth Wheel Assemblies.

172 Selection of kingpins for B-doubles and road trains

(1)  A kingpin used in a B-double or road train must:

(a)  be a 50, 75 or 90 millimetre kingpin, and

(b)  have a D-value complying with Australian Standard AS 2175–1990Articulated Vehicles—Kingpins.

(2)  A 50 or 90 millimetre kingpin used in a B-double or road train must:

(a)  be built to meet the dimension requirements in Australian Standard AS 2175–1990Articulated Vehicles—Kingpins, and

(b)  not be worn away more than recommended by the standard.

(3)  A 75 millimetre kingpin used in a B-double or road train must:

(a)  be built to meet the dimensions in the following essential diagram, and

(b)  not be worn away more than mentioned in subclause (4).

Dimensions of a 75 millimetre kingpin

(4)  In testing a 75 millimetre kingpin mentioned in the essential diagram in subclause (3) to decide whether its D-value complies with subclause (1) (b):

(a)  diameter F must not wear more than 3 millimetres, and

(b)  diameter G must not wear more than 2 millimetres, and

(c)  height H must not wear more than 2.3 millimetres.

173 Attachment of kingpins on B-doubles and road trains

A kingpin used in a trailer that forms part of a B-double or road train must be attached in accordance with:

(a)  the manufacturer’s specifications and instructions, or

(b)  the guidelines detailed in Australian Standard AS 2175–1990Articulated Vehicles—Kingpins.

174 Branding of kingpins on B-doubles and road trains

A kingpin used in a trailer built after June 1991 that forms part of a B-double or road train must be clearly and permanently marked on the lower circular face of the kingpin in accordance with Australian Standard AS 2175–1990Articulated Vehicles—Kingpins with:

(a)  the name or trademark of its manufacturer, and

(b)  its D-value rating, and

(c)  its nominal size.

175 Selection of couplings and drawbar eyes for road trains

A drawbar-type coupling, or drawbar eye, used in a road train must:

(a)  be a 50 millimetre pin type, and

(b)  have a D-value complying with Australian Standard AS 2213–198450mm Pin Type Couplings and Drawbar Eyes for Trailers, and

(c)  be built to the dimensions mentioned in the standard, and

(d)  not be worn away more than is recommended in the standard.

176 Attachment of couplings and drawbar eyes on road trains

A drawbar-type coupling, or drawbar eye, used in a road train must be built and positioned so:

(a)  when the road train is moving, the drawbar can move at least 15° upwards or downwards from the position it occupies when the road train is parked on level ground, and

(b)  the pivot point of the coupling is not over 300 millimetres forward of the rear of the trailer to which it is attached, and

(c)  it is at a height of at least 800 millimetres, but not over 950 millimetres, when the road train is unloaded and parked on level ground.

177 Branding of couplings and drawbar eyes on road trains

A drawbar-type coupling, or drawbar eye, used on a vehicle built after June 1991 that forms part of a road train must be clearly and permanently marked in accordance with Australian Standard AS 2213–198450mm Pin Type Couplings and Drawbar Eyes for Trailers with:

(a)  the name or trademark of its manufacturer, and

(b)  its D-value rating.

178 Tow coupling overhang on road trains

(1)  In this clause:

tow coupling overhang, of a vehicle, means the horizontal distance from the centre of the axle group, or the centre line of the single axle, at the rear of the vehicle to the pivot point of the coupling near the rear of the vehicle.

(2)  The tow coupling overhang of a motor vehicle, except a prime mover, used in a road train must not be more than the greater of:

(a)  30% of the distance from the centre of the front axle to the centre of the axle group or single axle at the rear of the vehicle, and

(b)  2.7 metres.

(3)  The tow coupling overhang of a semi-trailer, or a dog trailer consisting of a semi-trailer and converter dolly, used in a road train must not be more than 30% of the distance from the point of articulation to the centre of the axle group or single axle at the rear of the vehicle.

(4)  The tow coupling overhang of another dog trailer used in a road train must not be more than 30% of the distance from the centre of the front axle group or single axle to the centre of the axle group or single axle at the rear of the vehicle.

Tow coupling overhang—semi-trailer with extra coupling at rear

Tow coupling overhang—motor vehicle

Tow coupling overhang—dog trailer

Part 11 Other matters

179 Restored vehicles

(1)  For this Schedule, a restored vehicle is taken to have been built when it was originally built and not when it was restored.

(2)  In this clause:

restored vehicle means a vehicle that is being, or has been, restored to its manufacturer’s specifications, so far as it is practicable to meet the specifications.

180 Retractable axles

(1)  For this Schedule, a retractable axle is taken to be an axle only when it is in the lowered position.

(2)  In this clause:

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.

181 Measurement of distance between parallel lines

For this Schedule, a distance between 2 parallel lines is measured at right angles between the lines.

182 Interpretation of certain second edition ADRs

The words “left” and “right” in the following second edition ADRs have the opposite meaning in the application of the ADRs, in accordance with this Schedule, to a motor vehicle with a left-hand drive:

•  ADR 8 Safety Glass

•  ADR 12 Glare Reduction in Field of View

•  ADR 14 Rear Vision Mirrors

•  ADR 16 Windscreen Wipers and Washers

•  ADRs 18 and 18A Location and Visibility of Instruments

•  ADRs 35 and 35A Commercial Vehicle Braking Systems.

Note—

The following table contains a list of some terms used in the third edition ADRs and the corresponding term used in this Schedule.

Third edition ADRs	This Schedule
dipped-beam headlamp	low-beam (for a headlight)
front fog lamp	front fog light
rear fog lamp	rear fog light
wheelguard	mudguard
main-beam headlamp	high-beam (for a headlight)
reversing lamp	reversing light
direction indicator lamp	direction indicator light
stop lamp	brake light
rear registration plate lamp	number plate light
front position (side) lamp	parking light
rear position (side) lamp	tail light
end-outline marker lamp	front or rear clearance light
external cabin lamp	external cabin light
internal lamp	interior light
side marker lamp	side marker light
daytime running lamp	daytime running light
rear reflex reflector, non-triangular	rear reflector
front reflex reflector, non-triangular	front reflector
side reflex reflector, non-triangular	side reflector

Part 12 Special provisions for buses not subject to third edition ADRs

Division 1 General

183 Application of Part

This Part applies to all buses except those buses required by this Schedule to be constructed and equipped so as to comply with the third edition ADRs.

184 Requirements of this Part additional to other provisions of Schedule

(1)  In addition to complying with the other provisions of this Schedule, a bus must be constructed or equipped with the items of equipment set out in this Part.

(2)  The Authority may approve of a modification of all or any of the provisions of Division 2 in the case of a bus equipped to seat not more than 12 adults including the driver and used or intended to be used for the conveyance of school children or children with disabilities or employees of the owner or for a similar purpose if the Authority is satisfied that it is so constructed and equipped that it is safe to be used for that purpose.

Division 2 Additional requirements for buses

185 Driver’s guard-rail

Where necessary, there must be a suitable guard-rail or panel fitted to a bus:

(a)  that will prevent any passenger from accidentally coming into contact with the driver or the control levers of the vehicle, and

(b)  that will prevent any passenger from obstructing the driver’s view.

186 Inside mirror

A mirror must be suitably affixed to the inside of a bus that has such dimensions and is so affixed that it will reflect to the driver, while retaining his or her normal driving position, a view of doors and door approaches of the vehicle.

187 Fuel tank

(1)  The fuel tank and the fuel tank filler pipe must not be located in the interior of the bus, in the engine compartment, or in any separate compartment for the driver.

(2)  The fuel tank filler pipe must be situated so that it is not less than 900 mm from either side of any exit (including any emergency exit) and must be arranged so that any overflow or leakage of fuel cannot accumulate.

188 Emergency exits for single-deck buses

(1)  In the case of a single-deck bus not provided for in subclause (2), there must be:

(a)  at least one emergency exit at the extreme rear of the passenger compartment measuring not less than 1.3 m by 530 mm, or

(b)  at least one emergency exit fitted in the roof of the rear half of the passenger compartment having a minimum area of 7000 square centimetres and no dimension less than 530 mm and, in the case of a bus first registered on or after 1 January 1963 that does not have a door accessible to passengers fitted in each side of the vehicle, there must be located in the rear half of the passenger compartment on the side on which a door is not fitted, an emergency exit measuring not less than 600 mm by 530 mm.

(2)  In the case of a single-deck bus with its engine or any other obstruction at its rear, there must be emergency means of exit as prescribed in subclause (1) (b) near the centre of the passenger compartment.

(3)  At the rear of a double-deck bus there must be at least two emergency exits, one situated above and the other below the level of the floor of the upper deck. Any such exit must measure not less than 1.3 m by 530 mm.

(4)  However, it is sufficient compliance with subclause (3) if:

(a)  the bus is fitted with a rear platform, and

(b)  access from outside the vehicle to the platform extends transversely across the rear of the bus for a distance of not less than 450 mm, and

(c)  there is at the rear of the bus at least one emergency exit situated above the level of the floor of the upper deck complying in other respects with the requirements of subclause (3).

(5)  Any emergency exit:

(a)  must be clear of any obstruction, and

(b)  must, where necessary, be equipped inside and outside with a suitable opening and closing device, and

(c)  must be indicated by a prominent notice inside and outside the bus displaying the words “Emergency Exit”.

189 Fire extinguishers

(1)  Every bus must be equipped with the number of fire extinguishers required by the Authority, being fire extinguishers of a type and capacity approved by the Authority.

(2)  A fire extinguisher with which a bus is equipped:

(a)  must be maintained in good order and condition, and

(b)  must be kept in a position where it is readily available for use.

190 Removable and opening interior fittings

Every hatch, cover, interior door and other removable or opening panel in the interior of a bus must be adequately secured to prevent the likelihood of accidental opening or dislodgment.

Part 13 Construction and equipment requirements for vehicles manufactured on or after 1 January 1989

Division 1 General

191 Application of Part

This Part applies to motor vehicles and trailers manufactured on or after 1 January 1989 and applies in addition to the provisions of the third edition ADRs.

Division 2 Specific purpose vehicle requirements—road trains

192 20 metre double combinations

(1)  In the case of a 20 metre double combination:

(a)  the distance from the point of articulation of the articulated vehicle to the foremost extremity of the rear overhang must not exceed 5.5 m, and

(b)  the distance from the point of articulation of the trailer to the foremost extremity of the rear overhang must not exceed 5.5 m, and

(c)  the length of the drawbar must not be less than 2 m.

(2)  For the purpose of this clause, where an axle referred to in paragraph (b) (ii), (iii) or (iv) of the definition of rear overhang in the Dictionary at the end of this Regulation is a retractable axle or a steerable axle, that axle must, if it is the foremost axle of the 2 axles or of the group referred to in the relevant paragraph of the definition, be disregarded in determining the point referred to in that paragraph of the definition.

193 Service brakes

(1)  Subject to subclause (4), every wheel on a component vehicle of a road train must be braked by a pneumatic brake system, which must be activated by one foot-operated control valve.

(2)  The brake system of a road train must be such that:

(a)  each axle group of every trailer of the road train is supplied by not less than one air reservoir tank and relay valve, and the air reservoir tank must have an air capacity that is not less than 8 times the volume of all the brake actuation chambers supplied by that air reservoir tank, and

(b)  the hauling unit of the road train must be supplied by an air reservoir tank that has an air capacity that is not less than 12 times the volume of all of the brake actuation chambers supplied by that air reservoir tank, and

(c)  it is capable, within one minute after 3 full brake applications have been completed within a 10 second period, of increasing the air pressure in each air reservoir tank of the brake system to not less than 75% of the air brake test pressure of that brake system, and

(d)  15 minutes after the air compressor of the brake system has fully pressurised that brake system, and without that air compressor again working during that period, the air pressure of the brake system is not less than 90% of the air brake test pressure of that brake system, and

(e)  the pressure within a brake chamber of an axle of the road train is, not later than 1.5 seconds after a rapid application of the foot-operated control valve of that brake system has been completed, not less than 65% of the air brake test pressure of that brake system, and

(f)  the pressure within the brake chamber of each axle of the road train must, not later than 1.5 seconds after the release of the foot-operated control valve of that brake system, fall from 95% to 5% of the air brake test pressure of that brake system.

(3)  Any tap-in device that is installed in the brake system for the purpose of any demonstration that the road train has a brake system that complies with the requirements of subclause (2) (c), (d), (e) and (f) must not be installed except by or at the direction of the owner of the vehicle in which it is installed.

(4)  With the approval of the Authority, the wheels of any road train may be braked by a brake system other than a brake system referred to in subclause (1) but only if that brake system complies with subclauses (2) and (3).

194 Brake line couplings

A brake line between any 2 component vehicles of a road train must not be connected otherwise than by means of a polarized, clear-bore brake coupling.

195 Parking brakes on hauling units

(1)  The hauling unit of any road train must be fitted with spring-actuated parking brakes to not less than:

(a)  in the case of a hauling unit with 2 axles—one of those axles, and

(b)  in the case of a hauling unit with more than 2 axles—2 of those axles.

(2)  A spring-actuated parking brake referred to in subclause (1) must be such that:

(a)  when it is applied it remains applied, irrespective of the leakage or exhaustion of air from the brake system of the hauling unit to which it is fitted, and

(b)  it cannot be released, unless there is a means available for the immediate reapplication of the parking brake or the service brake system, except by the use of tools at the brake actuator of such parking brake.

Division 3 Exemptions

196 Exemption by operation of clause 90

(1)  The limits prescribed by this Part for the dimensions of motor vehicles and trailers do not apply to a vehicle that is exempted from the dimension limits by the operation of clause 90 of this Regulation.

(2)  Except where otherwise provided in this Part or in the third edition ADRs, such limits refer to the motor vehicle or trailer together with any loading or equipment on the vehicle.

197 Vehicle dimensions

(1)  The distance from the point of articulation of an articulated vehicle to the foremost extremity of the rear overhang of its semi-trailer must not exceed 9.5 m.

(2)  The distance from the point of articulation of a low-loader float to the foremost extremity of the rear overhang may exceed 9.5 m.

(3)  The distance from the point of articulation of a low-loader float to the rearmost extremity of the rear overhang may exceed 12.3 m.

198 Dimensions of certain buses

If a bus exceeds 12.5 m because of the operation of clause 90 of this Regulation, the rear overhang of the bus must not exceed 70% of the distance between the centre of the foremost axle and the foremost extremity of the rear overhang, or 4.9 m, whichever is the shorter length.

sch 4: Subst 26.11.1999. Am 30.6.2000.

Schedule 5 (Repealed)

sch 5: Am 5.3.1999. Rep 26.11.1999.

Schedule 6 Savings and transitional provisions

(Clause 95)

1 Definitions

In this Schedule:

existing plate means a number-plate issued under the Motor Traffic Regulations 1935 that was in force immediately before the commencement of Schedule 1 [1] to the new Act.

existing registered vehicle means an existing registrable vehicle that was registered under the Traffic Act 1909 immediately before the commencement of Schedule 1 [1] to the new Act.

existing registrable vehicle means a vehicle within the meaning of the Traffic Act 1909, as in force immediately before the commencement of Schedule 1 [1] to the new Act, that belongs to a class of vehicles that could have been registered under that Act as in force at that time.

existing registration means the registration of an existing registrable vehicle under the Traffic Act 1909 that was in force immediately before the commencement of Schedule 1 [1] to the new Act.

existing registration period, in relation to an existing registered vehicle, means the period for which the existing registered vehicle has been registered under the Traffic Act 1909.

new Act means the Road Transport (Vehicle Registration) Act 1997.

2 Previously issued number-plates

(1)  If number-plates were issued in relation to an existing registered vehicle registered under the Traffic Act 1909 before the commencement of this Regulation the plates may be retained until the Authority requires in writing that they be returned.

(2)  Clause 20 (3) does not apply to any number-plate issued under the Motor Traffic Regulations 1935 before the commencement of Regulation 14 (2B) of those Regulations that displays the words “NSW—THE PREMIER STATE”.

(3)  Clause 45 (2) does not apply to any trader’s plates issued under the Motor Traffic Regulations 1935 before the commencement of Regulation 35 (2) of those Regulations that display the words “NSW—THE PREMIER STATE”.

3 Certain minors eligible to be registered operators of heavy vehicles

A person who:

(a)  has attained 16 years of age, and

(b)  seeks to renew the existing registration of a registrable vehicle of which he or she is the registered owner under the Traffic Act 1909,

is taken to be eligible to be the registered operator of the vehicle despite anything in clause 6.

4 Existing registered owners of vehicles

(1)  Any person who, immediately before the commencement of this clause, was a registered owner of a registrable vehicle under the Motor Traffic Regulations 1935 is taken to be a registered operator of that vehicle under the Act and this Regulation.

(2)  Despite anything in clause 6 or any other provision of this Regulation, any unincorporated association that, immediately before the commencement of this clause, was a registered owner of a registerable vehicle under the Motor Traffic Regulations 1935, is taken:

(a)  to be a registered operator of the vehicle under the Act or this Regulation, and

(b)  to be eligible to be a registered operator of the vehicle for the purposes of renewing the registration of the vehicle under this Regulation.

(3)  The Authority may include the names and details of persons and associations referred to in this clause in the Register as registered operators.

5 Existing registered vehicles with interstate garage addresses

(1)  This clause applies to an existing registered vehicle that has a garage address that is located outside of New South Wales.

(2)  Despite the provisions of section 9 of the Act, the registration of a vehicle to which this clause applies may be renewed by the Authority under this Regulation:

(a)  in the case of a vehicle having an existing registration period of one year—for one further year following the expiration of its existing registration period, or

(b)  in the case of a vehicle having an existing registration period of less than one year—not beyond 30 June 2000.

6 Duration of registration of existing registered light vehicle

(1)  Despite anything to the contrary in clause 12, the registration of a relevant light vehicle may be renewed under this Regulation for a period of 3 months or 6 months if the vehicle was registered under the Traffic Act 1909 before the commencement of Schedule 1 [1] to the Act.

(2)  In this clause:

relevant light vehicle means a light vehicle:

(a)  that has a tare that is at least 2 tonnes, and

(b)  that is an existing registered vehicle.

7 Inspections

(1)  An authority in force, and held by a person, under Regulation 92AB of the Motor Traffic Regulations 1935 immediately before the commencement of this clause is taken to be an examiner’s authority held by the person under clause 63.

(2)  An authority in force, and held by a person, under Regulation 92AC of the Motor Traffic Regulations 1935 immediately before the commencement of this clause is taken to be a proprietor’s authority held by the person under clause 64.

(3)  Rules in force under Regulation 92AD of the Motor Traffic Regulations 1935 immediately before the commencement of this clause are taken to have been issued and in force under clause 65.

(4)  For the purposes of clause 34 (2) (b), an inspection report for a registrable vehicle issued under Regulation 92AB of the Motor Traffic Regulations 1935 in the period of one month before the commencement of this clause is taken to be an inspection report issued under this Regulation in the same period.

8 Committees of review

If a committee of review appointed under Regulation 92C of the Motor Traffic Regulations 1935 that has not completed consideration of or reported to the Authority on a matter referred to it under that Regulation by the date on which this clause commences, such a committee is taken to have been appointed under clause 68 of this Regulation and may proceed with consideration of or a report on the Authority accordingly.

9 Display of registration labels on certain registrable vehicles

(1)  This clause applies to:

(a)  any existing label that is still in force on the commencement of this clause that was issued under the Motor Traffic Regulations 1935 in respect of a registrable vehicle without a windscreen, a motor bike or a trailer, and

(b)  any registration label issued under this Regulation in respect of a registrable vehicle without a windscreen, a motor bike or a trailer.

(2)  Despite clause 17 (3) (b) and (c) of this Regulation, a label to which this clause applies may be displayed as follows until 1 July 1999:

(a)  in the case of a registrable vehicle without a windscreen (other than a motor bike or trailer)—in a holder affixed to the left-hand or near side of the vehicle as near as practicable to the position in which the label is required to be displayed for a vehicle with a windscreen by clause 17 (3) (a) of this Regulation,

(b)  in the case of a trailer—in a holder affixed to the left-hand or near side of the body of the trailer so that the label faces outwards or forwards from the trailer,

(c)  in the case of a motor bike—in a holder affixed to the left-hand or near side of the motor bike on the handlebars or elsewhere so that the label is clearly visible.

(3)  In this clause:

existing label has the same meaning as it has in clause 2 of Schedule 3 to the Act.

sch 6: Am 6.11.1998.

Dictionary

1 Definitions

Administrator of Vehicle Standards means the Administrator of Vehicle Standards referred to in section 22 of the Motor Vehicle Standards Act 1989.

adopted standard—see clause 18 of Schedule 4.

ADR (Australian Design Rule) means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force from time to time.

air brake means an air-operated or air-assisted brake.

air brake test pressure, in relation to the brake system of a vehicle, means half of the sum of the cut-in and cut-out pressures of the air compressor of that brake system, as shown by specification of the manufacturer of that brake system or vehicle.

alternative headlight means a light which is lighted in the place of a headlight by a dipping device.

applicable gazetted fee—see clause 79 (2).

applicable scheduled fee—see clause 79 (1).

applicable vehicle standard—see clause 56.

articulated bus means a bus:

(a)  consisting of at least 2 rigid sections with access between the sections for passengers, and

(b)  the sections of which are connected to each other so as to allow rotary movement between the sections.

articulated vehicle means a motor vehicle having at its rear a portion, on wheels, which is pivoted to, and a part of which (not being a pole, drawbar or similar device or an accessory of the motor vehicle) is superimposed upon, the forward portion of the vehicle.

Australian Motor Vehicle Certification Board means the body:

(a)  known under that name,

(b)  consisting of representatives of the Commonwealth, each of the States and Territories, and

(c)  having, as one of its objectives, to ensure that vehicles supplied for use in, manufactured in, or imported into, Australia are designed and manufactured so as to:

(i)  comply with the requirements of Australian Design Rules, or

(ii)  provide a level of safety that is equivalent to that provided by Australian Design Rules.

Australian Road Rules has the same meaning as it has in the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

authorised examiner means a person authorised to carry out any function under clause 63.

authorised inspection station means premises that a person is authorised to use under clause 64.

authorised person means a person authorised by the Authority to be an authorised person for the purposes of this Regulation.

authorised proprietor means a person authorised under clause 64.

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn.

axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

B-double means a combination consisting of a prime mover towing 2 semi-trailers.

B-double

bicycle rack means a device designed or adapted for attachment to the rear of any motor vehicle (other than a motor bike or a motor trike) and designed or adapted for use for the transport of bicycles, wheelchairs, invalid chairs or other apparatus or, if approved by the Authority, other vehicles.

bicycle rack number-plate means a number-plate issued to the registered operator of a motor vehicle for display on a bicycle rack on the motor vehicle.

brake means a device for retarding or controlling the rotation of the wheels of a vehicle and for bringing the vehicle to a stop.

braking system means all the brakes of a vehicle and all the components of the mechanisms by which they are operated.

British standard means a standard approved for publication on behalf of the British Standards Institution.

Note—

Copies of British Standards are available from offices of the Standards Office of Australia.

British Standards Institution means the institution of that name established under Royal Charter.

bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).

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

(a)  seats not over 9 adults (including the driver), and

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

(c)  has 3 or more wheels.

car derivative means a motor vehicle:

(a)  that is of the kind known as a utility, station waggon or panel van, and

(b)  that is of the same make as a factory produced car, and

(c)  in which that part of the body form that is forward of the windscreen and the greater part of the mechanical equipment are the same or substantially the same as in a factory produced car.

centreline, 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 line located one third of the way from 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.

Centre line of a tandem axle group fitted with an equal number of tyres on each axle

Centre line of a tandem axle group fitted with a different number of tyres on each axle

Centre line of a tri axle group

Centre line of a quad axle group

certificate of approved operations means a certificate issued in respect of a registrable vehicle in accordance with clause 60 (2).

clearance light means a light which, when lighted, provides an indication of the width of a vehicle together with any loading or equipment on it either from the front or from the rear of the vehicle, as the case may be.

combination means a group of vehicles consisting of a motor vehicle connected to 1 or more vehicles.

controlled access bus means a bus, except an articulated bus, that is more than 12.5 metres 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

corporation means a corporation recognised under the laws of Australia, including a foreign corporation and a body incorporated by or under statute.

daylight means the period in day from sunrise to sunset.

dealer, in relation to a vehicle, means the holder of a dealer’s licence under the Motor Dealers Act 1974.

dipping device means a device by which the driver of a motor vehicle whilst retaining his or her normal driving position:

(a)  can cause the main beam of light projected by each of the headlights of a motor vehicle which has 2 headlights or by the headlight of a motor vehicle which has one headlight to be dipped, or

(b)  can extinguish each of the headlights of a motor vehicle which has 2 headlights or the headlight of a motor vehicle which has one headlight, and simultaneously light 2 alternative headlights or one alternative headlight (as the case may be), or

(c)  can extinguish each set of headlights where a motor vehicle has 4 headlights, in sets of 2, and simultaneously light one light in each set.

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 (other than a semi-trailer) that connects the trailer body to a coupling for towing purposes.

drawbar length, in relation to a trailer, means the horizontal distance from the centreline of the towing pivot to the centreline of the foremost axle group of the trailer.

drive includes be in control of.

driver, of a vehicle, means the person driving the vehicle.

D-value means the strength capacity of a connection device as defined in:

(a)  Australian Standard AS 1773–1990“Articulated Vehicles—Fifth Wheel Assemblies”, or

(b)  Australian Standard AS 2213–1984“50 mm Pin-type Couplings and Drawbar Eyes for Trailers”, or

(c)  Australian Standard AS 2175–1990“Articulated Vehicles—King Pins”.

Economic Commission for Europe means the commission of that name established by the United Nations.

effective range means the distance at which a light, when lighted, will illuminate and render easily discernable under normal atmospheric conditions between sunset and sunrise any person dressed in dark clothing, or any substantial dark object, in front of the vehicle to which the light is affixed.

eligible pensioner means a person:

(a)  who is the holder of a Pensioner Concession Card which is in force issued by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans’ Affairs, or

(b)  who is in receipt of a pension or other amount paid by the Commonwealth Department of Veterans’ Affairs in respect of a war-caused disability seriously affecting the person’s powers of movement, being a pension or other amount (or a pension or other amount below a rate) approved by the Authority for the purposes of this paragraph, or

(c)  who is an armed services widow within the meaning of the Social Security Act 1991 of the Commonwealth, and

(i)  who is in receipt of a pension under Part II or IV of the Veterans’ Entitlements Act 1986 of the Commonwealth at the maximum rate applicable under section 1064 (5) of the Social Security Act 1991 of the Commonwealth, and

(ii)  who is under the pension age for the person set out in section 5QA of the Veterans’ Entitlements Act 1986 of the Commonwealth,

and

(d)  who is the holder of a current driver licence, being a licence for which no fee was payable under the Road Transport (Driver Licensing) Act 1998, or

(e)  who is not the holder of any such licence, but:

(i)  who has satisfied the Authority, by the production of a certificate from a medical practitioner, that the person is not medically fit to drive a vehicle, or

(ii)  who has otherwise satisfied the Authority that the person should be treated as an eligible pensioner for the purposes of this Regulation.

eligible vehicle means a vehicle that is eligible for registration in accordance with clause 7.

emergency brake means a brake designed to be used if a service brake fails.

emergency vehicle means:

(a)  any vehicle apparently carrying a member of the Police Service on urgent duty, or

(b)  any fire engine, reel or other vehicle apparently proceeding in the charge of a fire fighter to a fire or other emergency, or

(c)  any ambulance vehicle apparently proceeding to the scene of an accident or to a hospital with an injured person or apparently conveying, or apparently proceeding to any place to convey, a person who is seriously ill, or

(d)  any Red Cross vehicle apparently carrying blood for an urgent transfusion.

examiner’s authority means an authority in force under clause 63.

fifth wheel assembly means a device fitted to a prime mover or converter dolly to permit quick coupling and uncoupling of a semi-trailer and which provides for articulation of the resultant motor vehicle combination.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi-trailer), used with a prime mover, semi-trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

forfeited vehicle means a registrable vehicle that is the subject of a forfeiture order of a Local Court made under section 27 of the Act.

forward-control passenger vehicle means a car having up to 9 seating positions (including the driver’s) and that has:

(a)  the centre of the steering wheel in the forward quarter of the vehicle’s total length (including bumpers or over-riders if any), and

(b)  a gross vehicle weight not exceeding 3.5 tonnes, and

(c)  a total weight of passengers carried not less than half of the difference between the empty weight and the gross vehicle weight (the total weight being calculated at the rate of 68 kilograms per the maximum number of seating positions).

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.

glazing means material fitted to the front, sides, rear or interior of a vehicle, through which the driver or a passenger can obtain a view of the road, but does not include a coating added after manufacture of the material.

gross road train mass means the sum of the laden masses of each component vehicle comprising a road train.

ground clearance means the minimum distance to the ground from the underside of a vehicle excluding its tyres, wheels, wheel hubs, brake backing plates and flexible mudguards or mudflaps.

GTM (gross trailer mass) 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.

hauling unit means a rigid vehicle or prime mover.

high-beam, in relation to 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.

identification label, in relation to a trader’s plate, means an identification label for a trader’s plate issued under this Regulation.

identification plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth.

implement means a motor vehicle which comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.

independent braking system means a braking system which is operated entirely separately from any other braking system on the vehicle except that any drum, disc or part on which a shoe or band or friction pad makes contact may be common to more than one braking system.

inspect, in relation to a registrable vehicle, includes observe the vehicle’s performance, with or without the use of instrumentation.

inspection report, in relation to a registrable vehicle, means an inspection report issued under clause 63 for the vehicle.

jurisdiction means a State, the Australian Capital Territory or the Northern Territory, as the case requires.

left, in relation to a vehicle, means to the left of the centre of the vehicle when viewed by a person in the vehicle and facing towards the front of the vehicle.

light vehicle means a registrable vehicle that is not a heavy vehicle.

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 more than 10% greater than the mass it would carry if the load were divided equally, and

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

low-beam, in relation to 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 at a point 8 metres in front of the vehicle, and

(b)  not more than one metre higher than the level on which the vehicle is standing, when measured at a point 25 metres in front of the vehicle.

A headlight in the low-beam position

Note—

See clause 10.7 (1) of the Appendix to Part 6 of Schedule 4 as to the application of the Appendix to vehicles with retractable axles.

Maintenance Management Accreditation Scheme means a scheme under the Maintenance Management Module of the National Road Transport Commission’s Heavy Vehicle Accreditation Scheme that is approved by the Authority.

major defect notice—see clause 77 (1) (a).

Ministerial Council means the Ministerial Council for Road Transport established by the Heavy Vehicles Agreement, a copy of which is set out in Schedule 1 to the National Road Transport Commission Act 1991 of the Commonwealth.

minor defect notice—see clause 77 (1) (b).

moped means a motor bike or trike with an engine cylinder capacity of not over 50 millimetres and a maximum speed of not over 50 kilometres an hour.

motor bike means a motor vehicle with 2 wheels, and includes a 2 wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.

motor lorry means any motor vehicle (whether or not in combination with any trailer) that is constructed principally for the conveyance of goods or merchandise or for the conveyance of any kind of materials used in any trade, business or industry, or for use in any work whatsoever other than the conveyance of persons, but does not include a motor bike or a tractor.

motor registry means a place at which registration of a registrable vehicle can be effected by or on behalf of the Authority.

motor trike means a motor vehicle with 3 wheels, but does not include a 2 wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.

motor vehicle combination means a hauling unit with one or more trailers attached.

mourning coach means any motor vehicle that is owned and operated by a person who is carrying on a business of directing funerals and that is, except when used for private purposes, used only for conveying mourners to and from funeral services and functions related to such services.

mudguard means a fitting or device, with or without a mudflap, which 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 for which the fitting or device is provided.

national standard means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth.

nominated configuration means the configuration in which a registrable vehicle will operate for the registration period, as nominated by the registered operator.

nominated vehicle, in relation to a Maintenance Management Accreditation Scheme, means a vehicle identified in a registered operator’s accreditation under such a scheme as a nominated vehicle for the purposes of that accreditation.

Non-national Maintenance Scheme means a maintenance management accreditation scheme developed by a body or organisation other than the National Road Transport Commission.

operations plate means a plate installed on a registrable vehicle in accordance with clause 60 (2).

owner, in relation to a vehicle, means:

(a)  a person in whose name the vehicle is registered under a Commonwealth, State or Territory Act, or

(b)  a person who, according to the vehicle registration authority’s records, has acquired the vehicle from the person in whose name the vehicle is registered under the relevant Act, or

(c)  if the vehicle is not registered—a person to whom a mark, plate, or permit has been issued to allow the vehicle to be used, or

(d)  a person who is entitled to the possession of the vehicle.

penalty notice means a penalty notice served on a person under Division 1 of Part 3 of the Road Transport (General) Act 1999.

personally imported vehicle means a vehicle that is imported into Australia by a person who:

(a)  owned and used the vehicle for the period determined in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth before it was imported into Australia, and

(b)  when the vehicle was imported into Australia, was:

(i)  an Australian citizen or permanent resident or a person who had applied to become an Australian citizen or permanent resident, and

(ii)  old enough to hold a licence or permit to drive the vehicle, and

(c)  within the previous 12 months, had not imported into Australia another vehicle owned by the person.

pig trailer means a trailer fitted with no axle group other than one non-steerable axle group.

plate holder—see clause 18.

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.

Articulation—fifth wheel on a prime mover

Point of articulation—kingpin for fifth wheel

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

pole-type trailer or pole trailer means a trailer that:

(a)  is attached to a towing vehicle by means of 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 are generally capable of supporting themselves like beams between supports.

Pole-type trailer

police vehicle means a vehicle driven by:

(a)  a member or special member of the Australian Federal Police, or

(b)  a member, however described, of the Police Force of a State or Territory, or

(c)  a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth,

acting in the course of his or her duty.

prime mover means a motor vehicle built to tow a semi-trailer.

private hire car means a motor vehicle, other than a bus, that does not ply or stand for hire in a public street but is used for the conveyance of passengers for reward.

proprietor’s authority means an authority in force under clause 64.

public passenger vehicle means a registrable vehicle that is constructed principally for the conveyance of passengers and that is:

(a)  used for conveying passengers for hire or reward, or

(b)  equipped to seat more than 8 adults, including the driver, and is used for conveying passengers in the course of trade or business.

public utility service vehicle means a vehicle being used by a public authority or statutory body in connection with the supply of water, gas, electricity or the like or to remove garbage.

quad-axle group means a group of 4 axles, in which the horizontal distance between the centre lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

rear fog light means a light used on a vehicle to make it more easily visible from the rear in dense fog.

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

rear overhang line means:

(a)  if there is a single axle at the rear of the vehicle—the centre line of the axle, or

(b)  if there is an axle group at the rear of the vehicle—the centre of the axle group, decided without regard to the presence of any steerable axle unless all axles in the group are steerable.

Rear overhang and rear overhang line—motor vehicle

Rear overhang and rear overhang line—semi-trailer

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

registration charge—see clause 81 (1).

registration label means a registration label issued under clause 17.

registration number means a number referred to in clause 20 (1).

regular passenger service has the same meaning as in the Passenger Transport Act 1990.

repeater horn means a device which makes a sound alternating between different tones or frequencies on a regular time cycle.

restored vehicle means a vehicle that is being or has been restored to its manufacturer’s specifications, so far as it is reasonably practicable to meet those specifications.

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.

Note—

See clause 10.7 (1) of the Appendix to Part 6 of Schedule 4 as to the application of the Appendix to vehicles with retractable axles.

right, in relation to a vehicle, means to the right of the centre of the vehicle when viewed by a person in the vehicle and facing towards the front of the vehicle.

road tank vehicle means has the same meaning as in the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.

road train means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer a converter dolly supporting a semi-trailer).

Road train

safety risk means danger to a person, to property or to the environment.

seasonal vehicle means a registrable vehicle used during part of the year only and of a type approved by the Authority for seasonal use.

seat belt means a belt or similar device that is fitted to a motor vehicle and designed to restrain or limit the movement of a person who is seated in the vehicle and wearing the belt or device, if the vehicle suddenly accelerates or decelerates.

seat belt anchorage point means the part of a motor vehicle which is designed to secure a seat belt to the motor vehicle.

second edition ADR means a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicle Safety, Second Edition originally published by the then Commonwealth Department of Transport.

security interest means an interest in, or a power over, goods that secures payment of a debt or other pecuniary obligation or the performance of any other obligation and includes any interest in, or power over, goods of a lessor, owner or other supplier of goods, but does not include a possessory lien or pledge.

semi-trailer means a trailer (including a pole-type trailer) that has:

(a)  one axle group or single axle towards the rear, and

(b)  a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.

service brake means the brake normally used to decelerate a vehicle.

sidecar means any car, box or other receptacle attached to the side of a motor bike and for the carriage of which a third wheel is provided.

side marker light means a light which, when lighted, is visible from the side of the vehicle on which it is affixed.

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

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre lines of the outermost axles is less than 1 metre.

special number-plate means a number-plate with a number that is comprised of:

(a)  one to 6 letters only, or

(b)  one to 6 numbers only, or

(c)  a combination of one or more letters with one or more numbers, being a combination that does not exceed 6 letters and numbers, and

(i)  that is not routinely issued by the Authority, or

(ii)  that the Authority has determined should be treated as a special number.

spring brake means a brake using one or more springs to store the energy required to operate the brake.

stamp duty legislation means the provisions of the Stamp Duties Act 1920 and the Duties Act 1997 relating to the payment of duty on the registration or transfer of registration of a motor vehicle, trailer or other registrable vehicle.

Standards Association of Australia means the Association of that name incorporated under Royal Charter.

station waggon means a motor vehicle:

(a)  in which such part of the body form as is adjacent to and forward of the front seat or seats, and the greater part of the mechanical equipment, are the same or substantially the same as in a car of the same make, and

(b)  in which the body is carried without significant reduction in height from the front seat or seats to, or substantially towards, the rear of the vehicle, and

(c)  that has an entrance at the rear suitable for the loading and unloading of goods, and

(d)  that is manufactured with a rear seat or seats which can be folded or removed readily to provide additional floor space for the carriage of goods, and

(e)  that, when the seat or seats immediately to the rear of the front seat or seats are in position for the accommodation of persons, has a substantial space for the carriage of goods in proportion to the overall size of the interior of the vehicle.

steerable axle means an axle the wheels of which are connected to a steering mechanism for the vehicle.

street vending vehicle means a motor vehicle or trailer used for the hawking of ice cream (including any form of frozen confection containing ice cream, flavoured ice, fruit-ice, water-ice or a substitute for ice cream) or chocolates, sweets or other confectionery.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre lines of the outermost axles is at least 1 metre, but not more than 2 metres.

tandem driven axle group means a tandem axle group of a vehicle in which both axles of the axle group are connected to, and driven by, the engine of the vehicle.

taxi-cab means a motor vehicle (other than a bus) that plies or stands in a road or road related area for hire for the conveyance of passengers.

the Act means the Road Transport (Vehicle Registration) Act 1997.

third edition ADR means a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicle and Trailers, Third Edition published by the Federal Office of Road Safety of the Commonwealth Department of Transport and Regional Development.

third party insurance legislation means the provisions of the Motor Accidents Act 1988 relating to:

(a)  compensation in respect of third parties who are injured or killed by the use of motor vehicles or trailers, or

(b)  payment of contributions towards compensation of that kind.

tow coupling means a mechanical assembly by means of which a flexible connection is effected between 2 component vehicles of a motor vehicle combination.

tow coupling overhang means the horizontal distance from the centre of the axle group, or the centre line of the single axle, at the rear of a vehicle to the pivot point of the coupling near the rear of the vehicle.

Tow coupling overhang—motor vehicle

Tow coupling overhang—dog trailer

Tow coupling overhang—semi-trailer with extra coupling at rear

tow truck means a motor lorry used for towing broken down or damaged vehicles and which comprises or has permanently affixed to it a crane or similar apparatus for lifting a vehicle partially clear of the ground and is equipped to maintain it in such a position whilst towing it and includes a tow truck within the meaning of the Tow Truck Act 1989.

tow truck operator has the same meaning as it has in the Tow Truck Act 1989.

tractor means any motor vehicle constructed principally for the purpose of supplying motive power for machinery or of hauling any vehicle, but which is not capable of carrying any loading (other than tools, spare parts, fuel, water, oil, or other accessories necessary for use in connection with the vehicle) or any part of the weight of a vehicle being drawn or its loading.

trader means a manufacturer or repairer of or dealer in motor vehicles or trailers.

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre lines of the outermost axles is more than 2 metres, but not more than 3.2 metres.

turntable means a bearing that is 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 a 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.

twinsteer axle group means a group of 2 axles:

(a)  with single tyres, and

(b)  fitted to a motor vehicle, and

(c)  connected to the same steering mechanism, and

(d)  the horizontal distance between the centre lines of which is at least 1 metre, but not more than 2 metres.

Twinsteer axle group on a motor vehicle

vacuum brakes means vacuum-operated or vacuum-assisted brakes.

vehicle defect notice means a defect notice referred to in section 26 (2) (a) of the Act.

vehicle inspection station means a place operated by the Authority for the purpose of determining whether registrable vehicles comply with the applicable vehicle standards for the vehicles.

vehicle registration authority, in relation to a vehicle, means:

(a)  the authority that last registered the vehicle, or

(b)  if the vehicle has never been registered—the authority responsible for registering vehicles in the jurisdiction in which the vehicle is used or is intended to be used.

VIN means the Vehicle Identification Number allocated in accordance with the ADRs.

vehicle number-plate—see clause 18.

wedding car means any motor vehicle that is, except when used for private purposes, used only for conveying people to and from weddings and functions related to weddings.

windscreen means the main front windscreen and does not include any wind deflector or other subsidiary windscreen.

yellow includes amber.

20 metre double combination means a road train consisting of an articulated vehicle hauling one trailer, the overall length of which does not exceed 20 m.

50 millimetre kingpin means a kingpin meeting the dimension requirements for a 50 millimetre kingpin in Australian Standard AS 2175–1990“Articulated Vehicles Kingpins”.

75 millimetre kingpin means a kingpin with the dimensions specified in clause 9.10 (4) of the Appendix to Part 6 of Schedule 4.

90 millimetre kingpin means a kingpin meeting the dimension requirements for a 90 millimetre kingpin in Australian Standard AS 2175–1990“Articulated Vehicles Kingpins”.

2 Other expressions

In this Regulation, a reference to a tow truck is a reference to a tow truck operated or proposed to be operated by a tow truck operator.

Dictionary: Am 1999 No 19, Sch 3.25 [5]–[7]; 26.11.1999; 30.6.2000; 12.4.2001.