Federal Register of Legislation - Australian Government

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Determinations/Other as made
This Determination made under section 5B of the Motor Vehicle Standards Act 1989 determines that motorised wheelchairs are not motor vehicles.
Administered by: Infrastructure and Regional Development
Registered 05 Sep 2006
Gazetted 20 Aug 2003
Date of repeal 14 Sep 2017
Repealed by Motor Vehicle Standards (Road Vehicles) Determination 2017

I, RONALD BOSWELL, Parliamentary Secretary to the Minister for Transport and Regional Services, make this Determination under section 5B of the Motor Vehicle Standards Act 1989.

Dated 11 August 2003

RONALD BOSWELL


  

  

1              Name of Determination

                This Determination is the Motor Vehicle Standards (Road Vehicles) Determination 2003.

2              Commencement

                This Determination commences on gazettal.

3              Interpretation

                In this Determination:

wheelchair means a chair mounted on 3 or more wheels that is built to transport a person who is unable to walk or who has difficulty in walking, but does not include a pram, stroller or trolley.

4              Vehicles that are not road vehicles

         (1)   Vehicles of the class of motorised wheelchairs described in subsection (2) are not road vehicles for the purposes of the Motor Vehicle Standards Act 1989.

         (2)   The class of motorised wheelchairs comprises wheelchairs each of which:

                (a)    is self-propelled; and

               (b)    accommodates only 1 person; and

                (c)    is designed so as not to be capable of more than 10 km/h on level ground; and

               (d)    has an unladen mass of 40kg or more.