Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument determines classes of vehicles as road vehicles for the purposes of the Road Vehicle Standards Act 2018
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 05 Jul 2021
Tabling HistoryDate
Tabled HR03-Aug-2021
Tabled Senate03-Aug-2021

 

Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021

I, Simon Atkinson, Secretary of the Department of Infrastructure, Transport, Regional Development and Communications, make the following determination.

Dated                                       1 July 2021

 

Simon Atkinson

Secretary of the Department of Infrastructure, Transport, Regional Development and Communications

 

                                                                                                                                                    

  

  


1  Name

                   This instrument is the Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021.

2  Commencement

                   This instrument commences on the day after it is registered.

3  Authority                                                                          

                   This instrument is made under paragraph 6(5)(a) of the Road Vehicle Standards Act 2018.

4  Purpose of this instrument

                   This instrument sets out classes of vehicles that are road vehicles for the purposes of the Act.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including:

(a)    motor vehicle; and

(b)    public road.

             (1)  In this instrument:

Act means the Road Vehicle Standards Act 2018.

airport service vehicle means a motor vehicle that is:

                     (a)  designed to service an aircraft within an airport; and

                     (b)  built on a truck chassis; and

                     (c)  designed to be capable of operating on a public road.

campervan or motorhome means a motor vehicle that is:

                     (a)  designed for use in transport on a public road; and

                     (b)  intended to provide temporary living accommodation for one or more individuals.

concrete pumper means a motor vehicle, other than a forklift, that:

                     (a)  is designed to pump concrete; and

                     (b)  is mounted on a rubber-tyred motor vehicle; and

                     (c)  is capable of travelling at a reasonable speed by road without obstructing the flow of traffic; and

                     (d)  has a cabin that allows the operator to drive the vehicle between sites; and

                     (e)  has one or more road-going features.

dual-purpose motorcycle means a two-wheeled vehicle or three-wheeled vehicle that:

                     (a)  is designed for use on cross-country or unpaved terrain; and

                     (b)  has one or more road-going features.

food or catering van means a motor vehicle that:

                     (a)  is designed and manufactured for the preparation or vending of food; or

                     (b)  has been modified to be used for that purpose.

Example:    Mobile food vans, ice-cream vans and mobile snack trucks are examples of food or catering vans.  

mobile crane means a motor vehicle, other than a forklift, that:

                     (a)  is designed to lift a load; and

                     (b)  is mounted on a rubber-tyred motor vehicle; and

                     (c)  is capable of travelling at a reasonable speed by road without obstructing the flow of traffic; and

                     (d)  has a cabin that allows the operator to drive the vehicle between sites; and

                     (e)  has one or more road-going features.

three‑wheeled vehicle means a vehicle in one of the following vehicle categories:

                     (a)  Moped ‑ 3 wheels (LB);

                     (b)  Motor cycle and side‑car (LD);

                     (c)  Motor tricycle (LE).

two‑wheeled vehicle means a vehicle in one of the following vehicle categories:

                     (a)  Moped ‑ 2 wheels (LA);

                     (b)  Motor cycle (LC).

vehicle category has the same meaning as in the Road Vehicle Standards Rules 2019.

             (2)  Each of the following is a road-going feature:

                     (a)  direction indicators;

                     (b)  brake lights;

                     (c)  rear vision mirrors;

                     (d)  provision for mounting a registration plate;

                     (e)  seatbelts;

                      (f)  a fully enclosed cabin with doors.

6  Classes of vehicles that are road vehicles

                   The following classes of vehicles are road vehicles: 

                     (a)  airport service vehicles;

                     (b)  concrete pumpers;

                     (c)  dual-purpose motorcycles;

                     (d)  food or catering vans;

                     (e)  mobile cranes;

                      (f)  vehicles that are campervans or motorhomes.