Table Of Contents

Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Act 2009 No 75

An Act to amend the Road Transport (Vehicle Registration) Act 1997 to make provision for registration charges for heavy vehicles; and to repeal and amend certain other Acts and Regulations consequentially.
2   Commencement
This Act commences on a day to be appointed by proclamation.
Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
[1]   Part 1 Preliminary
Omit the note at the beginning of the Part. Insert instead:
  
Note—
This Act and the regulations made under it form part of the road transport legislation identified by section 5 of the Road Transport (General) Act 2005. Other road transport legislation includes the Motor Vehicles Taxation Act 1988, the Road Transport (Driver Licensing) Act 1998, the Road Transport (General) Act 2005, the Road Transport (Safety and Traffic Management) Act 1999 and the statutory rules made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (General) Act 2005 concerning the administration and enforcement of the road transport legislation generally.
[2]   Section 4 Definitions
Insert in alphabetical order:
  
chargeable heavy vehicle—see section 17 (1).
registration charge—see section 17 (1).
[3]   Section 7 Functions of Authority
Omit “the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or” from section 7 (1) (c).
[4]   Section 8 Powers of Authority
Omit “the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or” from section 8 (1) (g).
[5]   Part 2A
Insert after Part 2:
  
Part 2A Registration charges for heavy vehicles
Division 1 Preliminary
17   Definitions
(1)  In this Part:
administration fee means a fee payable under section 17C (2).
appropriate officer means any person authorised by the Authority for the purposes of this Part either generally or in any particular case.
chargeable heavy vehicle means a vehicle that has a MRC (Mass Rating for Charging) of more than 4.5 tonnes.
compliance 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.
configuration of a vehicle means a description of a vehicle in the regulations for which separate provision is made in the regulations for the amount of the registration charge.
financial year means a year commencing on 1 July.
MRC (Mass Rating for Charging), in relation to a vehicle, means:
(a)  the maximum mass of the vehicle (including any load, recorded on the compliance plate as the GVM, GTMR or ATM of the vehicle), or
(b)  in relation to a vehicle for which there is no compliance plate—its operating mass.
Note—
GVM means Gross Vehicle Mass, GTMR means Gross Trailer Mass Rating and ATM means Aggregate Trailer Mass.
operating mass, in relation to a vehicle, means the maximum mass of the vehicle, including any load, as determined by the Authority having regard to the design and construction of the vehicle or of any of its components.
owner, in relation to a vehicle, includes:
(a)  every person who is the owner, joint owner or part owner of the vehicle, and
(b)  any person who has the use of the vehicle under a hire-purchase or hiring agreement,
but does not include the lessor of a vehicle under a hire-purchase agreement.
registration charge means a charge imposed under this Part for the registration or renewal of registration of a chargeable heavy vehicle.
road transport legislation has the same meaning as in the Road Transport (General) Act 2005.
vehicle means a motor vehicle or trailer within the meaning of the Road Transport (General) Act 2005.
(2)  Any reference in this Part to regulations made for the purposes of this Part is a reference to regulations made under this Act for or with respect to a matter that is required or permitted to be prescribed by a provision of this Part.
Division 2 Amount of registration charges for chargeable heavy vehicles
17A   Amount of annual registration charge for chargeable heavy vehicles
(1)  The annual registration charge for a chargeable heavy vehicle that is registered, or the registration of which is renewed, during a particular financial year is the amount for the type or kind of vehicle specified by, or calculated in accordance with, the regulations.
Note—
See section 17C for the calculation of registration charges for chargeable heavy vehicles registered for less than one year. Also, annual registration charges are not payable to the extent to which an exemption or partial exemption is granted by or under regulations made for the purposes of subsection (2) (c).
(2)  Without limiting subsection (1), the regulations may make provision for or with respect to the following:
(a)  the specification or calculation of registration charges by reference to types or kinds of chargeable heavy vehicles,
(b)  the indexation of the amount payable for registration charges over a number of financial years,
(c)  exemptions or partial exemptions (or the granting of exemptions or partial exemptions) from, or reductions in, registration charges,
(d)  the refunding of registration charges paid for the registration of a chargeable heavy vehicle if, during the currency of the registration, a change is made in the construction, equipment, configuration, use or ownership of the vehicle of such a nature that no charges or a reduced amount of charges would be payable in respect of the vehicle on the renewal of its registration,
(e)  the amount of any such refund to be calculated in accordance with a formula to be prescribed by the regulations,
(f)  the production, at the time of application for registration or renewal of registration of a chargeable heavy vehicle or at any time during the currency of the registration, of weighbridge tickets showing the weight of the vehicle,
(g)  fees of an administrative nature for changes in registration charges and registration arising out of a change in the construction, equipment, configuration, use or ownership of a chargeable heavy vehicle.
(3)  The Minister is not to recommend the making of a regulation that prescribes any amounts as annual registration charges, or the manner in which annual registration charges are to be calculated, for chargeable heavy vehicles unless the Minister is satisfied that the provisions of the regulation are consistent with:
(a)  model legislation within the meaning of the National Transport Commission Act 2003 of the Commonwealth, or
(b)  provisions for road transport laws that are recommended or approved by the Australian Transport Council or the National Transport Commission under the Agreement referred to in section 4 of the National Transport Commission Act 2003 of the Commonwealth for implementation or adoption by the parties to that Agreement.
(4)  For the avoidance of doubt, subsection (3) does not limit the ability of the Minister to recommend the making of a regulation that makes provision for or with respect to exemptions or partial exemptions from, or refunds of, registration charges.
17B   Registration charge for primary producer’s vehicle
(1)  If the registration charge for a primary producer’s vehicle that, but for this section, would be payable under this Part (the charge under this Part) is more than the motor vehicle tax that, but for section 3B of the Motor Vehicles Taxation Act 1988, would be payable under that Act (the tax under the 1988 Act), the registration charge for the vehicle is not the charge under this Part but the tax under the 1988 Act.
(2)  The effect of the following may be ignored for the purpose of calculating the motor vehicle tax referred to in subsection (1):
(a)  any exemption granted under section 17 of the Motor Vehicles Taxation Act 1988,
(b)  clause 3 (c) of Schedule 1 to that Act (to the extent to which it excludes motor lorries from the operation of that clause),
(c)  clause 9 of Schedule 1 to that Act.
(3)  In this section:
primary producer’s vehicle has the same meaning as in the Motor Vehicles Taxation Act 1988.
Division 3 Registration charges for registration periods of less than one year
17C   Amount of registration charge for chargeable heavy vehicle registered for less than one year
(1)  The amount of the registration charge for a chargeable heavy vehicle to be registered for a period of less than one year is the amount calculated by multiplying the relevant annual registration charge for the vehicle by the number of days for which registration or renewal of registration is to have effect and dividing the result by 365.
(2)  If registration or renewal of registration of a chargeable heavy vehicle is to have effect for a period of less than one year, the Authority may impose an additional administration fee of not more than 10 percent of the relevant registration charge for that period.
(3)  The amount of a registration charge or administration fee referred to in this section is to be rounded up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).
Division 4 When registration charges payable
17D   Definition
In this Division:
registration charges includes administration fees.
17E   Payment of registration charges
(1)  The registration charges for a chargeable heavy vehicle must be paid:
(a)  at the time of application for registration of the vehicle, and
(b)  at the time of application for each renewal of registration of the vehicle.
(2)  A person in whose name an application for registration or renewal of registration is made must not fail to pay the full amount of registration charges required by subsection (1).
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3)  Registration charges are payable in respect of a registration or renewal of registration that occurs after the commencement of this section.
(4)  Despite the conviction of a person for an offence under this section, the person remains liable to pay the unpaid amount of the registration charges.
17F   Use of unregistered vehicles and vehicles for which charges unpaid
(1)  This section applies to the following kinds of chargeable heavy vehicle (other than a vehicle exempted from registration):
(a)  a vehicle that is not registered,
(b)  a registered vehicle that is liable to registration charges (including any charges or additional charges payable under section 17J) but for which such charges, though due and payable, have not been paid.
(2)  The owner of a vehicle to which this section applies must not:
(a)  use or drive the vehicle on a road or road related area, or
(b)  cause or permit it to be driven on a road or road related area.
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3)  In addition to imposing a penalty for an offence under this section, the court concerned may order the owner to pay to the Authority within a time specified by the order:
(a)  if the vehicle is not registered—the registration charges that would be due on the application for the registration or renewal of registration of the vehicle for a period of 1 year or for such greater or lesser period as the court in all the circumstances thinks just, or
(b)  if the vehicle is registered—the registration charges so due and payable.
Division 5 Assessment and collection of charges and fees
17G   Authority to determine charges and fees
The Authority must determine, in accordance with this Part and the regulations, whether any registration charges or administration fees are payable under this Part in respect of a vehicle and, if there are, the amount of the charges or fees.
17H   Provision of information to determine charges
(1)  For the purpose of determining whether any registration charges under this Part are payable in respect of a vehicle and, if so, the amount of the charges, the Authority or an appropriate officer may:
(a)  require the owner or person in charge of the vehicle to produce the vehicle within a specified period and at a specified place and provide all reasonable facilities to enable an appropriate officer to examine it, or
(b)  require the owner or person in charge of the vehicle or person liable to pay registration charges to provide such information in writing by statutory declaration or otherwise as the Authority or the appropriate officer considers appropriate.
(2)  An owner or other person must not fail to comply with a requirement under subsection (1).
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3)  An owner or other person must not provide information knowing it to be false or misleading in respect of any matter necessary or convenient to enable the appropriate registration charges under this Part to be determined.
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(4)  An owner or other person must comply with a requirement under subsection (1) at the owner’s or other person’s own cost if required to do so by the Authority.
17I   Adjustment of charges by Authority
(1)  The Authority may, at any time, alter, vary or rescind any determination as to registration charges or administration fees, or may refund the whole or any portion of any charges or fees paid, for the purpose of ensuring that this Part is complied with.
(2)  The Authority may require a person in whose name a chargeable heavy vehicle is registered to pay registration charges or administration fees or additional charges or fees, within a specified time, if the charges or fees are payable as a result of action taken under subsection (1).
(3)  A person must not fail to comply with a requirement under subsection (2).
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(4)  In addition to imposing a penalty for any such offence, the court concerned may order the person to pay to the Authority within a specified period the amount of the registration charges or administration fees or additional charges or fees.
(5)  A person is not liable to pay registration charges or administration fees or additional charges or fees as a result of action taken under subsection (1) if the Authority’s determination was made more than 3 years before the date of the action and the person satisfies the Authority that there was no intention to avoid paying charges or fees.
17J   Changes in owners or to vehicles must be notified to Authority
(1)  A person in whose name a chargeable heavy vehicle is registered must notify the Authority of any change during the currency of the registration in the construction, equipment, configuration, use or ownership of the vehicle of such a nature that registration charges or additional registration charges would be payable if the registration was renewed when the change occurred.
Maximum penalty: 100 penalty units.
(2)  The person or, if the change is in ownership, the new owner must pay to the Authority the appropriate amount of registration charges or additional registration charges forthwith or within the period specified by the Authority.
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3)  A person who is required by subsection (1) to notify the Authority of any change in the construction, equipment, configuration, use or ownership of a vehicle must not authorise or permit the use of the vehicle on a road or road related area until the Authority has been so notified.
Maximum penalty: 100 penalty units.
(4)  In addition to imposing a penalty for an offence under this section, the court concerned may order the offender to pay to the Authority within a specified period any amount that, from the evidence given during the proceedings, the court is satisfied the offender should have paid to the Authority as registration charges or administration fees or additional charges or fees.
17K   Calculation of charges arising from changes
(1)  The registration charges or additional registration charges payable under section 17J are for the unexpired period of the registration or for such shorter period as the Authority, having regard to the temporary nature of any change, determines should apply.
(2)  The charges are to be calculated at the rate of:
(a)  in the case of the registration of a chargeable heavy vehicle for a period of more than 3 months—one-twelfth of the charge applicable after the change in respect of a yearly registration if the vehicle was exempt from or not liable to registration charges before the change or, as the case may be, one-twelfth of the difference between the charge applicable before the change and the charge applicable after the change in respect of a yearly registration, or
(b)  in the case of the registration of a chargeable heavy vehicle for a period of 3 months or less—one-third of the charge applicable after the change in respect of a quarterly registration if the vehicle was exempt from or not liable to registration charges before the change or, as the case may be, one-third of the difference between the charge applicable before the change and the charge applicable after the change in respect of a quarterly registration,
for each month or part of a month in the unexpired period or the shorter period, as the case may be.
17L   Refund of charges on cancellation of registration
(1)  If the Authority cancels the registration of a chargeable heavy vehicle on the application of the person in whose name the vehicle is registered before the registration expires, the Authority may, in its discretion, grant to the person a refund of the registration charges imposed in respect of the vehicle.
(2)  The refund is to be calculated:
(a)  at the rate of one-twelfth of the charge applicable in respect of a yearly registration for each complete month in the portion of the unexpired period of the registration at the date of the cancellation, less any cancellation fee determined by the Authority, or
(b)  in such manner as may be prescribed by the regulations.
17M   Time limit for refunds
A person is not entitled to a refund of registration charges if the application for the refund is made more than 3 years from the date of payment of the charges.
Division 6 Other provisions dealing with registration charges
17N   Vehicles registered in another jurisdiction
(1)  The owner of a chargeable heavy vehicle registered in another jurisdiction, or which is exempted from registration in another jurisdiction (other than because the vehicle is registered elsewhere), must not:
(a)  use or drive the vehicle on a road or road related area other than in the configuration for which it is registered or in which it is so exempt, or
(b)  cause or permit it to be so driven on a road or road related area.
Maximum penalty: 100 penalty units.
(2)  This section does not apply if the vehicle, in its changed configuration, would be liable to the same or less registration charges in the jurisdiction in which it is registered than those paid for the configuration for which it is registered or in which it is so exempt.
(3)  In this section:
another jurisdiction means a jurisdiction other than New South Wales.
17O   Powers to do certain things not affected
Nothing in this Part affects any power under the road transport legislation (other than this Part) or any other Act:
(a)  to charge fees in respect of the inspection of vehicles for the purpose of registration, or
(b)  to make rebates of registration charges for particular classes of vehicles or road users, or
(c)  to charge pro rata amounts for registrations that are for less than a whole year, or
(d)  to make refunds in respect of the surrender of the registration of a vehicle, or
(e)  to charge other administrative fees or other charges in respect of matters relating to vehicles (including registration of vehicles).
17P   Particulars of orders to be sent to Authority
(1)  The relevant registrar of the Local Court is to forward to the Authority particulars of any conviction or order made under this Part or regulations made for the purposes of this Part.
(2)  Whenever a person is by an order made by a court under this Part adjudged to pay registration charges or administration fees or additional charges or fees, the provisions of any other Act do not apply to or in respect of the order, but instead the order:
(a)  operates as an order for the payment of money under the Civil Procedure Act 2005, and
(b)  is enforceable as such an order under the provisions of that Act.
(3)  For the purposes of subsection (2), an order referred to in that subsection may be entered in the records of the Local Court if the order was made in the manner prescribed by rules made under the Civil Procedure Act 2005.
(4)  A registrar of the Local Court must pay to the Authority any amount paid to the registrar under an order referred to in subsection (2).
17Q   Evidence of charges and fees
In any proceedings under this Part, the production by the Authority or on its behalf of a certificate purporting to be signed by an appropriate officer certifying the following is admissible in those proceedings and is evidence of the particulars contained in the certificate:
(a)  that the amount specified in the certificate as being the amount of registration charges or administration fees payable in respect of a vehicle is due and unpaid, or was due or paid on a specified date, or was not paid before a specified date,
(b)  that an adjustment of charges or a requirement to pay registration charges or additional registration charges in respect of a vehicle was made in accordance with this Part.
17R   Variation and revocation of exemptions and other actions
(1)  The Minister (in the case of an exemption or partial exemption from registration charges under regulations made for the purposes of this Part) or the Authority (in the case of a reduction of registration charges, a refund of registration charges or an approval under this Part or regulations made for the purposes of this Part) may:
(a)  impose such conditions as the Minister or Authority thinks fit, and
(b)  revoke or vary any such condition or add any condition at any time during the period in respect of which the exemption, partial exemption, reduction, refund or approval operates.
(2)  A person must not fail to comply with a condition in force under this section.
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3)  When this Part or regulations made for the purposes of this Part confer power on the Minister, the Authority or an appropriate officer:
(a)  to grant an exemption or partial exemption from, or reduction of, charges, or
(b)  to grant an approval, or
(c)  to give a direction, or
(d)  to make a request, or
(e)  to do any other act, matter or thing,
the Minister, Authority or officer is also empowered to revoke or vary the exemption, partial exemption, approval, direction, request, act, matter or thing.
17S   Charges and fees to be paid into Roads and Traffic Authority Fund
(1)  There is appropriated by this section for payment out of the Consolidated Fund into the Roads and Traffic Authority Fund all amounts received on or after the commencement of this section in payment of registration charges and administration fees under this Part.
(2)  There is payable out of the Roads and Traffic Authority Fund such amounts as may become payable under this Part by way of refunds of registration charges or administration fees.
(3)  In this section:
Roads and Traffic Authority Fund means the Roads and Traffic Authority Fund established under the Transport Administration Act 1988.
[6]   Section 27 Power to seize unregistered vehicles
Omit “charges or administration fees imposed under the Road Transport (Heavy Vehicles Registration Charges) Act 1995” from section 27 (5) (b).
Insert instead “registration charges or administration fees imposed under Part 2A”.
[7]   Section 30 Unpaid charges and fees
Insert “, except as provided by section 17P (2),” after “Authority and”.
[8]   Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
  
Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Act 2009
[9]   Schedule 3
Insert at the end of the Schedule (with appropriate Part and clause numbers):
  
Part Provisions consequent on enactment of Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Act 2009
Definitions
In this Part:
amending Act means the Road Transport (Vehicle Registration) Amendment (Heavy Vehicle Registration Charges) Act 2009.
corresponding provision of this Act or the regulations, in relation to any provision of the repealed charges legislation, means any provision of this Act or the regulations that corresponds (or substantially corresponds) to the provision of the repealed charges legislation.
repeal day means the day on which the repealed charges legislation is repealed by the amending Act.
repealed Act means the Road Transport (Heavy Vehicles Registration Charges) Act 1995.
repealed charges legislation means:
(a)  the repealed Act, and
Charges and administration fees paid or payable under repealed charges legislation
(1)  Any applicable registration charges or administration fees under the repealed charges legislation that were paid in respect of a registration or renewal of registration of a chargeable heavy vehicle before the repeal day for a registration period ending after that day are taken on and from the repeal day to be registration charges or administrative fees paid under Part 2A of this Act for the vehicle for the unexpired balance of the registration period.
(2)  Any registration charges or administrative fees payable under the repealed charges legislation immediately before the repeal day in respect of the registration or renewal of registration of a chargeable heavy vehicle continue to be payable on and from the repeal day in accordance with that legislation despite the repeal of that legislation.
(3)  Any registration charges or administrative fees referred to in subclause (2) that are paid on or after the repeal day for a registration period ending after that day are taken to be registration charges or administrative fees paid under Part 2A of this Act for the vehicle for the unexpired balance of the registration period.
Payment of charges and fees collected under repealed charges legislation into Consolidated Fund
(1)  Any registration charges or administrative fees payable under the repealed charges legislation that are paid on or after the repeal day are to be paid into the Consolidated Fund. However, section 17S of this Act extends to any such charges or fees as if they were charges or fees paid under Part 2A of this Act.
(2)  Section 37 of the repealed Act, as in force immediately before the repeal day, continues to apply on and from the repeal day in respect of charges or fees paid under that Act before the repeal day.
Existing refund rights not affected
Nothing in this Part affects any right to a refund arising under the repealed charges legislation (whether before or after the repeal day).
Orders to pay additional penalty in relation to certain offences under repealed Act
Sections 13 (2), 19 (2) and 20 (3) of the repealed Act continue to apply on and from the repeal day in relation to offences committed before the repeal day.
Existing authorised officers
Any person who was an authorised officer for the purposes of the repealed Act immediately before the repeal day is taken on and from that day to be authorised to be an appropriate officer for the purposes of Part 2A of this Act until such time as the person ceases to be so authorised under Part 2A of this Act.
References to repealed Act and this Act
(1)  In any other Act or in any instrument made under another Act (and except as provided by subclauses (2) and (3)):
(a)  subject to paragraph (b), a reference to the repealed Act is to be read on and from the repeal day as a reference to Part 2A of this Act, and
(b)  a reference to a provision of the repealed Act is to be read on and from the repeal day as a reference to the corresponding provision (if any) of this Act or the regulations.
(2)  Subclause (1) does not apply to the following:
(a)  references to the repealed Act in the Motor Vehicles Taxation Act 1988,
(b)  such other references to the repealed Act in an Act, or an instrument made under an Act, as may be prescribed by the regulations.
(3)  A reference to this Act (or to Part 2A of this Act) in any of the following provisions is to be read on and from the repeal day as including a reference to the repealed Act:
(a)  section 5 (1) (e), and the definition of road transport legislation in section 187 (7), of the Road Transport (General) Act 2005,
(b)  sections 78 (1) (b) (i) and 106 (2) of the Transport Administration Act 1988,
(c)  sections 7 (1) (c), 8 (1) (g) and 27 (5) (b) of this Act,
(d)  clauses 14 (3) and 41 (1) (c) of the Road Transport (Vehicle Registration) Regulation 2007,
(e)  such other provisions of Acts, or instruments made under Acts, as may be prescribed by the regulations.
General savings provision
(1)  Subject to this Part and the regulations, anything done under or for the purposes of a provision of the repealed charges legislation is, to the extent that the thing is in force or has effect immediately before the repeal day, taken on and from the repeal day to have been done under or for the purposes of the corresponding provision (if any) of this Act or the regulations.
(2)  Without limiting subclause (1), any exemption, approval, direction, request or certificate given or made under the repealed charges legislation that is continued in force or effect by subclause (1) may be repealed, revoked or replaced in accordance with this Act and the regulations.
Schedule 2 Consequential amendment of other Acts and Regulations
2.1 Children’s Services Regulation 2004
[1]   Clause 5 Meaning of “notifiable offence”
Omit “section 19 (2) of the Road Transport (General) Act 1999” from clause 5 (2) (g).
Insert instead “section 171 (2) of the Road Transport (General) Act 2005”.
[2]   Clause 5 (3)
Omit the subclause and the note that follows it. Insert instead:
  
(3)  In this clause, road transport legislation has the same meaning as in the Road Transport (General) Act 2005.
Note—
Road transport legislation is defined in section 5 of the Road Transport (General) Act 2005 as:
(a)  that Act,
(f)  any other Act or regulation (or any provision of such an Act or regulation) prescribed by the regulations under the Road Transport (General) Act 2005,
(g)  any statutory rule made under any Act referred to in paragraphs (a)–(e) above.
2.2 Criminal Procedure Regulation 2005
Schedule 6 Traffic offender intervention program
Omit the note to the definition of traffic offence from clause 1. Insert instead:
  
Note—
Road transport legislation is defined in section 5 of the Road Transport (General) Act 2005 as:
(a)  that Act,
(f)  any other Act or regulation (or any provision of such an Act or regulation) prescribed by the regulations under the Road Transport (General) Act 2005,
(g)  any statutory rule made under any Act referred to in paragraphs (a)–(e) above.
2.3 Motor Vehicles Taxation Act 1988 No 111
[1]   Section 3B
Omit the section. Insert instead:
  
3B   Relationship with Part 2A of Road Transport (Vehicle Registration) Act 1997
This Act applies to motor vehicles in respect of which an amount of tax (including a nil amount) is specified in Schedule 1, but does not apply to a vehicle in respect of which a registration charge (including a nil charge) is imposed under Part 2A of the Road Transport (Vehicle Registration) Act 1997 or which is exempt from registration charges under that Part.
Note—
Part 2A of the Road Transport (Vehicle Registration) Act 1997 makes provision for registration charges for heavy vehicles.
[2]   Section 5 Amount of tax
Insert after section 5 (1D):
  
(1E)  For the purposes of the calculation of the amount of motor vehicle tax as provided by subsection (1A) for a calendar year (or part of calendar year) occurring after the commencement of Part 2A of the Road Transport (Vehicle Registration) Act 1997:
(a)  any reference in Schedule 1 to charges (including a nil charge) under the Road Transport (Heavy Vehicles Registration Charges) Act 1995 is to be read as a reference to registration charges (including a nil charge) under Part 2A of the Road Transport (Vehicle Registration) Act 1997, and
(b)  any reference in Schedule 1 to a vehicle being exempt from charges under Part 4 of the Road Transport (Heavy Vehicles Registration Charges) Act 1995 is to be read as a reference to a vehicle being exempt from registration charges under Part 2A of the Road Transport (Vehicle Registration) Act 1997.
2.4 Road Transport (Driver Licensing) Act 1998 No 99
Part 1 Preliminary
Omit the note at the beginning of the Part. Insert instead:
  
Note—
This Act and the regulations made under it form part of the road transport legislation identified by section 5 of the Road Transport (General) Act 2005. Other road transport legislation includes the Motor Vehicles Taxation Act 1988, the Road Transport (General) Act 2005, the Road Transport (Safety and Traffic Management) Act 1999, the Road Transport (Vehicle Registration) Act 1997 and the statutory rules made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (General) Act 2005 concerning the administration and enforcement of the road transport legislation generally.
2.5 Road Transport (General) Act 2005 No 11
[1]   Part 1.1 Introductory
Omit the note at the beginning of the Part. Insert instead:
  
Note—
This Act and the regulations made under it form part of the road transport legislation identified by section 5. Other road transport legislation includes the Motor Vehicles Taxation Act 1988, the Road Transport (Driver Licensing) Act 1998, the Road Transport (Safety and Traffic Management) Act 1999, the Road Transport (Vehicle Registration) Act 1997 and the statutory rules made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in this Act concerning the administration and enforcement of the road transport legislation generally.
[2]   Section 5 Meaning of “road transport legislation”
Omit section 5 (1) (c).
[3]   Section 187 Court may impose penalty and disqualify driver on conviction
Omit the definition of road transport legislation from section 187 (7).
Insert instead:
  
road transport legislation does not include the following:
(a)  the Motor Vehicles Taxation Act 1988 or regulations made under that Act,
(b)  Part 2A of the Road Transport (Vehicle Registration) Act 1997 or regulations made for the purposes of that Part (within the meaning of that Part).
2.6 Road Transport (Safety and Traffic Management) Act 1999 No 20
Part 1 Preliminary
Omit the note at the beginning of the Part. Insert instead:
  
Note—
This Act and the statutory rules made under it form part of the road transport legislation identified by section 5 of the Road Transport (General) Act 2005. Other road transport legislation includes the Motor Vehicles Taxation Act 1988, the Road Transport (Driver Licensing) Act 1998, the Road Transport (General) Act 2005, the Road Transport (Vehicle Registration) Act 1997 and the statutory rules made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (General) Act 2005 concerning the administration and enforcement of the road transport legislation generally.
2.7 Transport Administration Act 1988 No 109
[1]   Section 46 Constitution of RTA
Omit “Road Transport (Heavy Vehicles Registration Charges) Act 1995” from section 46 (2) (a).
Insert instead “Road Transport (Vehicle Registration) Act 1997”.
[2]   Section 78 Payments into Roads and Traffic Authority Fund
Omit “the Road Transport (Heavy Vehicles Registration Charges) Act 1995” from section 78 (1) (b) (i).
Insert instead “Part 2A of the Road Transport (Vehicle Registration) Act 1997”.
[3]   Section 106 Grants to councils in connection with use of buses
Omit “the Road Transport (Heavy Vehicles Registration Charges) Act 1995” from section 106 (2).
Insert instead “Part 2A of the Road Transport (Vehicle Registration) Act 1997”.