connected to the steering mechanism for the front part of the vehicle;
“gross vehicle mass”, in relation to a vehicle, means the maximum laden mass specified by the manufacturer of the vehicle in respect of the vehicle;
“load sharing suspension system”, in relation to an axle group of a vehicle, means a suspension system that—
(a) by hydraulic, pneumatic, mechanical or other means, ensures that at any time a substantially equal share of the load borne by the axle group is transmitted to the road by each of the wheels in the axle group; and
(b) has effective damping characteristics on all the axles included in the axle group;
“prescribed axle group” means—
(c) a twin-steer axle group;
“prime mover” means a motor vehicle the rear part of which is so designed as to allow the front part of a semi-trailer to be superimposed upon, and be attached to, it so as to pivot about a point of articulation located on it;
“registration number”, in relation to a motor vehicle or trailer, means the code displayed, in accordance with regulation 21, on the registration plate of the motor vehicle or trailer;
“relevant Registration Authority”, in relation to a registered motor vehicle or trailer, means the Registration Authority that registered the motor vehicle or trailer;
“semi-trailer” means a trailer that is so designed that—
(a) its front part can be superimposed upon, and attached to, the rear part of a motor vehicle so as to pivot about a point of articulation located on the rear part of the motor vehicle; and
(b) when its front part is attached to a motor vehicle in the manner specified in paragraph (a), part of the mass of the trailer is borne by the motor vehicle;
“single axle”, in relation to a vehicle, means—
(a) an axle of the vehicle that is not part of an axle group; or
(b) an axle group of the vehicle consisting of 2 adjacent axles and having a space of less than one metre between the axles;
“tandem axle group”, in relation to a vehicle, means an axle group of the vehicle, other than a twin-steer axle group, consisting of 2 adjacent axles related to each other through a load sharing suspension system and having a space of not less than one metre and not more than 2 metres between the axles;
“the Act” means the Interstate Road Transport Act 1985;
“triaxle group”, in relation to a vehicle, means an axle group of the vehicle consisting of 3 adjacent axles related to each other through a load sharing suspension system and having a space of not less than 2 metres and not more than 3.2 metres between the foreaxle and the back axle;
“twin-steer axle group”, in relation to a motor vehicle, means an axle group of the motor vehicle—
(a) that consists of 2 axles each of which is fitted with one wheel at each end;
(b) the 4 wheels of which are connected to the same steering mechanism; and
(c) that has a space of not less than one metre and not more than 2 metres between the axles.
(2) In sub-regulation (1), a reference to the space between 2 axles of a vehicle is a reference to the space between the centre lines of those axles when those centre lines are lying each on one of 2 parallel vertical planes.
Australian Design Rules
3. (1) In these Regulations, a reference to an Australian Design Rule is a reference to a publication so entitled issued by the Department after endorsement by the Council of Commonwealth and State ministers known as the Australian Transport Advisory Council, being such a publication as existing at the commencement of these Regulations.
(2) For the purposes of these Regulations an Australian Design Rule shall be taken to be applicable to a vehicle if it is stated in the Australian Design Rule that the Australian Transport Advisory Council has recommended that vehicles included in a class of vehicles in which the vehicle is included should—
(a) comply, or be designed to comply, with the Australian Design Rule;
(b) be equipped with any thing that complies with the Australian Design Rule; or
(c) have instruments located so as to comply with the Australian Design Rule.
PART II—REGISTRATION OF VEHICLES
Division 1—Requirements for the purposes of paragraph 13 (a) of the Act
Interpretation
4. In this Division, “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 the Australian Capital Territory; 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.
Requirements in respect of motor vehicles and trailers
5. For the purposes of paragraph 13 (a) of the Act, the following provisions apply in respect of a registered motor vehicle or trailer:
(a) the motor vehicle or trailer must have affixed to it, in accordance with an approval in writing given to that effect by the Australian Motor Vehicle Certification Board, a plate that, in conformity with the lay out and specifications set out in the approval, displays—
(i) such particulars in respect of the motor vehicle or trailer as are specified in the approval; and
(ii) a statement to the effect that the plate has been affixed to the vehicle with the approval of the Australian Motor Vehicle Certification Board;
(b) where the motor vehicle or trailer has, after the date on which the plate referred to in paragraph (a) has been affixed to it, been altered or modified in such a manner that the motor vehicle or trailer does not, with respect to any part or component in relation to which any Australian Design Rule is applicable to the motor vehicle or trailer, conform with its manufacturer’s specifications for vehicles of the class in which the motor vehicle or trailer is included, the motor vehicle or trailer must comply with the requirements set out in that Australian Design Rule;
(c) where the motor vehicle or trailer was not, at the time of the application under section 9 of the Act for its registration, registered under the Act or under the law of a State or of the Australian Capital Territory, the motor vehicle or trailer must be a conforming vehicle.
Division 2—Insurance
Approved insurers
6. For the purposes of this Division, the insurer, or each of the insurers, specified in column 3 of an item in Schedule 1 is the approved insurer, or an approved insurer, in relation to a motor vehicle or trailer registered, or to be registered, under the Act the owner of which carries on, from a place in the State or Territory specified in column 2 of that item, a business involving the use of that motor vehicle or trailer.
Third-party policy
7. (1) For the purposes of this Division, a third-party policy in respect of the use of a registered motor vehicle or trailer is a policy of insurance, that, subject to sub-regulation (2), insures—
(a) the owner of the motor vehicle or trailer named in the policy; and
(b) any other person who at any time during the currency of the policy drives the motor vehicle or trailer, whether with or without the authority of the owner of the motor vehicle or trailer,
jointly and each of them severally, against all liability incurred by them jointly, or either of them severally, in respect of the death of, or bodily injury to, any person caused by or arising out of the use, in any State or Territory, of the motor vehicle or trailer in the carriage of passengers or goods between prescribed places or for any purpose that is incidential to carriage of that kind.
(2) A third-party policy in respect of the use of a registered motor vehicle or trailer shall not extend to insure the owner or driver of the motor vehicle or trailer against—
(a) any liability to pay compensation to another person under any State Act or Ordinance of a Territory making provision for the payment of compensation in respect of injuries or other harm caused to persons by accidents arising out of or in the course of their employment; or
(b) any liability that the owner or driver may incur under an agreement unless the liability is one that would have arisen in the absence of the agreement.
Application of Division to motor vehicles, &c., belonging to the Commonwealth or any State
8. (1) Nothing in this Part shall render it obligatory for a third-party policy to be taken out in respect of the use of any motor vehicle or trailer that is the property of the Commonwealth, a State or an Authority of the Commonwealth or of a State but the Commonwealth, any State or any authority of the Commonwealth or of a State shall, in relation to each of its vehicles or trailers in respect of the use of which a third-party policy is not in force, be under the same liabilities and have the same rights as an approved insurer would be under or have if the approved insurer had issued to the Commonwealth, that State or that authority, as the case may be, a third-party policy in respect of the use of that motor vehicle or trailer.
(2) In sub-section (1), “State” includes Norfolk Island.
Registered motor vehicle, &c., to be insured
9. The owner of a registered motor vehicle or trailer shall ensure that, at all times during the currency of the period for which the motor vehicle or trailer is registered, there is in force a third-party policy in respect of the use of the motor vehicle or trailer issued by the approved insurer, or an approved insurer, in relation to the motor vehicle or trailer.
Certificate of insurance to be produced, or insurer to be nominated, at time of registration of motor vehicle, &c.
10. (1) Where a person, being the owner of a motor vehicle or trailer makes an application to the Registration Authority in respect of a State or Territory for the registration or re-registration of the motor vehicle or trailer, the person shall, at the time of the making of the application, in accordance with instructions issued in that respect by the Registration Authority—
(a) lodge with the Registration Authority a certificate of insurance in accordance with the approved form issued by the approved insurer, or an approved insurer, in relation to the motor vehicle or trailer to the effect that a third-party policy that is expressed—
(i) to commence on a day not later than the day on which the registration or re-registration of the motor vehicle or trailer is to come into force; and
(ii) to expire on the expiration of the period for which that registration or re-registration will, unless sooner cancelled or surrendered, be in force,
has been, or will be, issued by the approved insurer in respect of the use of the motor vehicle or trailer; or
(b) nominate, in writing in accordance with the approved form, the approved insurer, or an approved insurer, in relation to the motor vehicle or trailer in connection with the issue of a third-party policy in respect of the use of the motor vehicle or trailer and pay to the Registration Authority an amount equal to the amount of insurance premium payable to that approved insurer in respect of the issue of a third-party policy in respect of the use of the motor vehicle or trailer that is expressed—
(i) to commence on the day on which the registration or re-registration of the motor vehicle or trailer is to come into force; and
(ii) to expire on the expiration of the period for which that registration or re-registration will, unless sooner cancelled or surrendered, be in force.
(2) An approved insurer who issues a certificate of insurance referred to in paragraph (1) (a) in relation to a motor vehicle or trailer—
(a) shall, at the time of the issue of the certificate or as soon as practicable thereafter, issue a third-party policy in conformity with the certificate in relation to the motor vehicle or trailer; and
(b) shall, until such time as a third-party policy in conformity with the certificate is issued in relation to the motor vehicle or trailer be deemed to have issued such a policy.
(3) Where a person, being the owner of a motor vehicle or trailer, complies with paragraph (1) (b) in connection with an application for the registration or re-registration of a motor vehicle or trailer, the approved insurer nominated by the person in accordance with that paragraph shall be
deemed to have issued a third-party policy in respect of the use of the motor vehicle or trailer that is expressed—
(a) to commence on the day on which the registration or re-registration of the motor vehicle or trailer is to come into force; and
(b) to expire on the expiration of the period for which that registration or re-registration will, unless sooner cancelled or surrendered, be in force.
Cancellation of third-party policy
11. (1) Whilst the registration of a motor vehicle or trailer remains in force, an approved insurer shall not, except in accordance with this regulation, cancel or suspend a third-party policy issued by the insurer in respect of the use of the motor vehicle or trailer and providing cover for the period during which the registration remains in force.
(2) An approved insurer may cancel a third-party policy issued by the insurer in respect of the use of a motor vehicle or trailer if—
(a) another third-party policy issued either by the insurer or another approved insurer is in force in respect of the use of the motor vehicle or trailer; and
(b) that other policy is expressed to expire on a date not earlier than the date on which the first-mentioned policy is expressed to expire.
(3) Where the registration of a motor vehicle or trailer is cancelled or surrendered, the approved insurer that issued the current third-party policy in respect of the use of the motor vehicle or trailer may, upon the application of the owner of the motor vehicle or trailer and upon being satisfied that the registration of the motor vehicle or trailer has been cancelled or surrendered, cancel the policy.
(4) Where an approved insurer cancels, under this regulation, a third-party policy in respect of the use of a motor vehicle or trailer, the insurer shall immediately give notice of the fact to the relevant Registration Authority in relation to the motor vehicle or trailer.
(5) The cancellation under this regulation of a third-party policy does not exempt the approved insurer that issued the policy from any liability under the policy that accrued or was incurred before the cancellation of the policy.
Rights, &c., of insurer, owner, &c. of vehicle with respect to claims for damages
12. Where an approved insurer in relation to a motor vehicle or trailer registered by the Registration Authority in respect of a State or Territory has issued, or is to be deemed under this Division to have issued, a third-party policy in respect of the use of the motor vehicle or trailer—
(a) the approved insurer; and
(b) the owner and the driver of the motor vehicle or trailer,
have, by force of this regulation, with respect to any claim for damages in respect of the death of, or bodily injury to, any person caused by or arising out of the use of the motor vehicle or trailer, the same rights, remedies, obligations and liabilities as they would have under the law of that State or Territory if—
(c) the motor vehicle or trailer had been registered under a law of that State or Territory making provision for the registration of vehicles; and
(d) the approved insurer had been authorised under a law of the State or Territory to issue, and had issued, in respect of the motor vehicle or trailer, a policy, or contract, of insurance that complies with the requirements of that law.
Division 3—Inspection of vehicles
Inspection in contemplation of registration
(a) a person, being the owner of a motor vehicle or trailer, proposes to make, or has made, an application to a Registration Authority for the registration of the motor vehicle or trailer; and
(b) the motor vehicle or trailer is not, under regulation 14, exempt from inspection,
the person shall, subject to sub-regulation (5), produce the motor vehicle or trailer for inspection by the Registration Authority or a person authorised in writing by the Registration Authority to carry out such inspections (in this Division referred to as an “authorised person”).
(2) The purpose of an inspection referred to in sub-regulation (1) is to ascertain whether the motor vehicle or trailer produced for inspection satisfies the conditions for registration set out in paragraphs 9 (1) (d) and (e) of the Act.
(3) Where a motor vehicle or trailer fitted with a charge monitoring device is produced for inspection in accordance with sub-regulation (1), the Registration Authority or authorised person carrying out the inspection shall inspect the device to ascertain whether—
(a) the device is in working order;
(b) the particulars referred to in paragraph 2 (a) or (b) in Schedule 2 are displayed on the device or on a plate affixed to the device;
(c) all the external parts of the device and all connections between the device and the vehicle are properly sealed; and
(d) there are any signs indicating that the device has, at any time since it was fitted to the motor vehicle or trailer or last inspected in accordance with this sub-regulation, whichever is later, failed to operate normally,
and shall ascertain that the certificate issued under regulation 40 or 45 in respect of the device is current.
(4) Where a motor vehicle or trailer has been produced for inspection in accordance with sub-regulation (1), the Registration Authority or authorised person carrying out the inspection shall issue, in respect of the motor vehicle or trailer, a certificate of inspection in accordance with the approved form and, subject to sub-regulation (5), the certificate so issued shall, for the purposes of section 9 of the Act, be evidence that the motor vehicle or trailer has been produced for inspection by the Registration Authority, or authorised person, issuing the certificate.
(5) If a motor vehicle or trailer produced for inspection in accordance with sub-regulation (1) is not—
(a) in the case of a motor vehicle or trailer that is already-registered— re-registered; or
(b) in any other case—registered,
within such period from the day on which the inspection of the motor vehicle or trailer is completed as is equal to the relevant period in relation to the motor vehicle or trailer, the owner of the motor vehicle or trailer shall, for the purposes of section 9 of the Act, be deemed not to have complied with the provisions of sub-regulation (1).
(6) In sub-regulation (5), “relevant period”, in relation to a motor vehicle or trailer, means—
(a) in the case of a motor vehicle or trailer that is normally garaged at a place that is situated beyond a radius of 250 kilometres from a place where the motor vehicle or trailer may be produced for inspection by a Registration Authority or an authorised person—a period of 90 days; or
(b) in any other case—a period of 45 days.
Exemption from inspection
14. Where an application for the registration of a motor vehicle or trailer is made in circumstances where paragraph 27 (a) applies, the motor vehicle or trailer is exempt from inspection.
Inspection after alteration, &c., to vehicle
15. (1) Where it is intended to make any alteration or modification to a registered motor vehicle or trailer as a result of which—
(a) the motor vehicle or trailer will not conform with its manufacturer’s specifications for vehicles of the class in which the motor vehicle or trailer is included; or
(b) the accuracy of any particulars entered on the certificate of registration, or the registration label, issued in respect of the motor vehicle or trailer will be affected,
the owner of the motor vehicle or trailer shall give notice of the intended alteration or modification to the relevant Registration Authority in relation to the motor vehicle or trailer.
Penalty: $500.
(2) A Registration Authority may, not later than 14 days after receiving a notice under sub-regulation (1) in respect of an alteration or modification to a motor vehicle or trailer, by notice in writing, require the owner of the motor vehicle or trailer to produce the motor vehicle or trailer, at such place and on such day (being a day after work in respect of the alteration or modification has been completed) as are specified in the last-mentioned notice, for inspection by the Registration Authority or an authorised person.
(3) A Registration Authority may, by notice in writing, require a person who has, in accordance with sub-regulation (1), given notice of an intended alteration or modification to a motor vehicle or trailer to submit to the Registration Authority such details and information, and such reports by qualified persons, regarding the alteration or modification, as are specified in the first-mentioned notice and are necessary to enable the Registration Authority to make a decision whether the motor vehicle or trailer, as modified or altered, should be inspected by the Registration Authority or an authorised person.
(4) A person who receives a notice issued by a Registration Authority in accordance with sub-regulation (2) or (3) shall comply with the notice.
Penalty: $500.
Division 4—Certificates of registration, registration plates and registration labels
Issue of certificate of registration, &c.
16. (1) Where a Registration Authority registers a motor vehicle or trailer, the Registration Authority shall issue in respect of the motor vehicle or trailer—
(a) a certificate of registration in accordance with the approved form;
(b) a registration label in accordance with the approved form; and
(c) if no registration plate has previously been issued in respect of the motor vehicle or trailer or any registration plate so issued has been returned to a Registration Authority in accordance with the Act or these Regulations—
(i) in the case of a motor vehicle—2 registration plates; or
(ii) in the case of a trailer—one registration plate,
being registration plates, or a registration plate, as the case may be, in accordance with the specifications set out in regulation 21.
(2) Any certificate of registration, registration label or registration plate issued in accordance with this Division by a Registration Authority in respect of a motor vehicle or trailer remains at all times the property of the Registration Authority.
Affixing, &c., of registration label
17. (1) The owner of a registered motor vehicle or trailer shall cause a registration label issued under regulation 16 or 18 in respect of the motor vehicle or trailer to be—
(a) in the case of a label in respect of a motor vehicle—affixed to the inside, and as near as practicable to the bottom, left-hand corner, of the windscreen of the motor vehicle or, alternatively, if the motor vehicle has a fixed, pivoted, hinged or horizontally sliding window on its front left-hand side, to the inside, and at the bottom, of that window; or
(b) in the case of a label in respect of a trailer—affixed to, or displayed in a holder affixed to—
(i) the front part of the left-hand side of the trailer; or
(ii) the registration plate affixed to the trailer,
in such manner that the particulars on the label are clearly visible to a person positioned outside the motor vehicle or trailer and facing the label.
(2) The owner of a registered motor vehicle or trailer shall not—
(a) cause or allow a registration label issued under regulation 16 or 18 in respect of the motor vehicle or trailer to be affixed to, or displayed on, another motor vehicle or trailer; or
(i) a copy, reproduction or facsimile of a registration label issued under regulation 16 or 18 in respect of the motor vehicle or trailer or in respect of another motor vehicle or trailer; or
(ii) a registration label issued under regulation 16 or 18 in respect of another motor vehicle or trailer,
to be affixed, or displayed on, the first-mentioned motor vehicle or trailer.
Penalty: $500.
(3) The owner of a motor vehicle or trailer shall not allow a registration label in respect of the registration of the motor vehicle or trailer for a particular period to remain affixed to the motor vehicle or displayed on the trailer—
(a) where paragraph (b) does not apply—after the date on which that period expires; or
(b) where the registration of the motor vehicle or trailer is surrendered or cancelled before the expiration of that period—after the date of the surrender or cancellation.
Penalty: $250.
Replacement and return of certificates of registration and registration labels
(a) a Registration Authority has issued registration plates in respect of a motor vehicle, or a registration plate in respect of a trailer, to
replace registration plates, or a registration plate, previously issued in respect of the motor vehicle or trailer; and
(b) the number on the first-mentioned registration plates or registration plate is different from that shown on the certificate of registration and registration label in respect of the motor vehicle or trailer,
the owner of the motor vehicle or trailer shall, not later than 14 days after the issue of the first-mentioned registration plates or registration plate, return to the Registration Authority, or at the request of the Registration Authority destroy, the certificate of registration and the registration label and the Registration Authority shall, either amend the certificate of registration or issue a new certificate of registration, and issue another registration label, in respect of the motor vehicle or trailer.
(2) Where any alteration or modification is made to, or there occurs a change in the ownership of, a registered motor vehicle or trailer of such a nature as to affect the accuracy of any of the particulars appearing on the certificate of registration, or the registration label, in respect of the motor vehicle or trailer—
(a) the owner of the motor vehicle or trailer shall, not later than 14 days after the alteration, modification or change of ownership, return the certificate of registration or registration label to the relevant Registration Authority in relation to the motor vehicle or trailer or, at the request of that Registration Authority, destroy it; and
(b) the relevant Registration Authority in relation to the motor vehicle or trailer shall, subject to any other relevant provision of the Act and these Regulations being complied with, issue another certificate of registration or registration label in respect of the motor vehicle or trailer.
Damage to, and loss, &c., of, registration label
19. (1) Where the relevant Registration Authority in relation to a registered motor vehicle or trailer is satisfied that the registration label relating to the current registration of the motor vehicle or trailer has been so damaged or defaced that particulars on the label are not clearly visible, the Registration Authority shall request the owner of the motor vehicle or trailer to destroy the registration label and shall issue another registration label in respect of the motor vehicle or trailer,
(2) Where a registration label issued in respect of a registered motor vehicle or trailer has been lost, stolen or destroyed—
(a) the owner of the motor vehicle or trailer shall, in accordance with sub-regulation (3), give notice to that effect to the relevant Registration Authority in relation to the motor vehicle or trailer; and
(b) except in a case where the motor vehicle or trailer has also been lost, stolen or destroyed, the relevant Registration Authority in relation to the motor vehicle or trailer, upon being satisfied that the registration label has been lost, stolen or destroyed, shall issue another registration label in respect of the motor vehicle or trailer.
(3) A notice for the purposes of sub-regulation (2) shall—
(a) be in writing in accordance with the approved form; and
(b) be given to, or forwarded so as to reach, the Registration Authority to whom or to which it is addressed not later than 14 days after the occurrence in respect of which it is given.
Declaration that registration label, &c., has been destroyed
20. (1) Where a Registration Authority has, in accordance with regulation 18 or 19, requested the owner of a motor vehicle or trailer to destroy the certificate of registration or registration label in respect of the motor vehicle or trailer, the owner shall, as soon as practicable after complying with the request, make, and forward to the Registration Authority, a declaration in the approved form to the effect that the certificate of registration, or registration label, as the case may be, has been destroyed.
Penalty: $250.
(2) A person shall not, for the purposes of sub-regulation (1), make, or forward to a Registration Authority, a declaration that, to the knowledge of the person, is false in a material particular.
Penalty: $500.
Registration plate
21. (1) A registration plate in respect of a motor vehicle or trailer shall display—
(a) a code consisting of the following sequence of characters:
(i) 2 capital letters;
(ii) a dot or a diamond;
(iii) 2 digits;
(iv) 2 capital letters; and
(b) the words “FEDERAL INTERSTATE”.
(2) The code to be displayed on a registration plate in respect of a motor vehicle or trailer shall be allocated by the Registration Authority registering the motor vehicle or trailer in accordance with the following guidelines:
(a) the first character shall be—
(i) in the case of a motor vehicle or trailer being registered by the Registration Authority in respect of a State other than the Northern Territory—the first letter of the name of that State;
(ii) in the case of a motor vehicle or trailer being registered by the Registration Authority in respect of the Northern Territory—the letter C; or
(iii) in the case of a motor vehicle or trailer being registered by the Registration Authority in respect of the Australian Capital Territory—the letter A;
(b) the second character shall be—
(i) in the case of a motor vehicle—the letter V; or
(ii) in the case of a trailer—the letter T;
(c) the last four characters may be selected at random but so that the code displayed on the registration plate of the motor vehicle or trailer is different from the code displayed on the registration plate of any other registered motor vehicle or trailer.
(3) The dimensions and layout of a registration plate in respect of a motor vehicle or trailer and the material from which it is made shall be such as are approved by the Minister.
(4) The edges of, and all the characters and words displayed on, a registration plate in respect of a motor vehicle or trailer shall be green in colour but of such shade of green as is approved by the Minister, and the background of the plate shall be yellow in colour but of such shade of yellow as is approved by the Minister and shall be capable of reflecting light.
Affixing of registration plates
22. (1) The owner of a registered motor vehicle shall cause registration plates issued under regulation 16 or 23 in respect of the motor vehicle to be affixed, one to the front and the other to the rear of the motor vehicle, in such manner that the particulars on each plate are clearly visible to a person facing the front or rear of the vehicle, as the case may be.
Penalty: $250.
(2) The owner of a registered trailer shall cause a registration plate issued under regulation 16 or 23 in respect of the trailer to be affixed to the rear of the trailer in such manner that the particulars on the plate are clearly visible to a person facing the rear of the trailer.
Penalty: $250.
(3) The owner of a registered motor vehicle or trailer shall not—
(a) cause or allow a registration plate issued under regulation 16 or 23 in respect of the motor vehicle or trailer to be affixed to another motor vehicle or trailer; or
(i) a copy, reproduction or facsimile of a registration plate issued under regulation 16 or 23 in respect of the motor vehicle or trailer or in respect of another motor vehicle or trailer; or
(ii) a registration plate issued under regulation 16 or 23 in respect of another motor vehicle or trailer,
to be affixed to the first-mentioned motor vehicle or trailer.
Penalty: $500.
Damage to, and loss, &c., of, registration plate
23. (1) Where a Registration Authority is satisfied that a registration plate in respect of a motor vehicle or trailer has become so damaged or defaced that any of the particulars on it are not clearly visible, the Registration Authority shall—
(a) if the registration plate is in respect of a motor vehicle—upon the return to the Authority of the registration plates issued in respect of the motor vehicle, issue 2 other registration plates in respect of the motor vehicle; or
(b) if the registration plate is in respect of a trailer—upon the return of the registration plate to the Authority, issue another registration plate in respect of the trailer.
(2) Where a registration plate issued in respect of a motor vehicle or trailer has been lost, stolen or destroyed—
(a) the owner of the motor vehicle or trailer shall, in accordance with sub-regulation (3), give notice to that effect to the relevant Registration Authority in relation to the motor vehicle or trailer; and
(b) except in a case where the motor vehicle or trailer has also been lost, stolen or destroyed, the relevant Registration Authority in relation to the motor vehicle or trailer, upon being satisfied that the registration plate has been lost, stolen or destroyed, shall—
(i) if the registration plate is in respect of a motor vehicle-issue 2 other registration plates in respect of the motor vehicle; or
(ii) if the registration plate is in respect of a trailer—issue another registration plate in respect of the trailer.
(3) A notice for the purposes of sub-regulation (2) shall—
(a) be in writing in accordance with the approved form; and
(b) be given to, or forwarded so as to reach, the Registration Authority to whom or to which it is addressed not later than 14 days after the occurrence in respect of which it is given.
Return of registration plates on cancellation or expiry of registration
24. (1) Where the registration of a motor vehicle or trailer is cancelled, the owner of the motor vehicle or trailer shall, except where a registration plate issued in respect of the motor vehicle or trailer has been stolen, lost or destroyed, not later than 14 days after the day on which the registration is cancelled, return any registration plate issued in respect of the motor vehicle or trailer to the Registration Authority that cancelled the registration.
Penalty: $250.
(2) Where—
(a) the registration of a motor vehicle or trailer ceases to be in force; and
(b) an application is not made for the re-registration of the motor vehicle or trailer,
the owner of the motor vehicle or trailer shall, not later than 14 days after the day on which the registration ceases to be in force, return the registration plates in respect of the motor vehicle, or the registration plate in respect of the trailer, as the case may be, to the Registration Authority that was, immediately before the expiration of the registration, the relevant Registration Authority in relation to the motor vehicle or trailer.
Penalty: $250.
Circumstances where registration plates not to be returned on surrender of registration
25. For the purposes of sub-section 12 (3) of the Act, the following circumstance is prescribed, namely, where the registration of the motor vehicle or trailer in relation to which a notice is given in accordance with sub-section 12(1) of the Act is surrendered by the person giving the notice by reason that the ownership of the motor vehicle or trailer has been transferred from that person to another person.
Offences in relation to registration label, &c.
26. (1) Any person who, without reasonable excuse—
(a) allows to be driven on a road; or
(b) on a road drives or is in charge of,
a registered motor vehicle or trailer that—
(c) does not display, or have affixed to it, as required by these Regulations; or
(d) displays, or has affixed to it, but otherwise than in conformity with the requirements of these Regulations,
the registration label, or the registration plate or registration plates, issued by a Registration Authority in respect of the motor vehicle or trailer is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
(2) Any person who, without reasonable excuse—
(a) allows to be driven on a road; or
(b) on a road drives or is in charge of,
a registered motor vehicle or trailer that displays, or has affixed to it—
(c) a registration label issued by a Registration Authority—
(i) that has been so damaged or defaced that some or all of the particulars on the label are not clearly visible;
(ii) that is in respect of a period of registration in relation to the motor vehicle or trailer that has expired;
(iii) that contains incorrect particulars in respect of the motor vehicle or trailer; or
(iv) that is not the registration label issued in respect of the motor vehicle or trailer; or
(d) a registration plate issued by the Registration Authority—
(i) that is so damaged or defaced that some or all of the particulars on it are not clearly visible; or
(ii) that is not a registration plate issued in respect of the motor vehicle or trailer,
is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
(3) Any person who, without reasonable excuse—
(a) allows to be driven on a road; or
(b) on a road drives or is in charge of,
a motor vehicle, or trailer, not registered under the Act that displays, or has affixed to it, a registration label, or registration plate, issued by a Registration Authority is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
(4) Any person who, otherwise than in accordance with these Regulations or a direction lawfully given by a Registration Authority, wilfully alters, damages, defaces or destroys a registration certificate, registration label, or registration plate, issued by a Registration Authority in respect of a motor vehicle or trailer is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
(5) Any person who, without reasonable excuse, prints, manufactures, or has in his possession—
(a) a certificate in a form that resembles the approved form in respect of a certificate of registration under this Division and is calculated, or likely, to deceive;
(b) a label in a form that resembles the approved form in respect of a registration label under this Division, and is calculated, or likely, to deceive; or
(c) a plate the specifications of which resemble the specifications of a registration plate under this Division and are calculated, or likely, to deceive,
is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
Division 5—Miscellaneous
Period specified for purposes of paragraph 9 (3) (b) of the Act
27. For the purposes of paragraph 9 (3) (b) of the Act, each of the following periods is specified in relation to the registration of a motor vehicle or trailer—
(a) in a case where, at the time of the making of the application for registration, the motor vehicle or trailer is registered in the name of a person other than the applicant for a period that has not yet expired—the period that ends on the expiration of the first-mentioned period;
(b) in a case where the person making the application for registration is the owner of another registered motor vehicle or trailer—the period ending on the expiration of the existing registration in respect of that other motor vehicle or trailer.
Notification of change of name or address of owner
28. Where—
(i) the owner of a registered motor vehicle or trailer; or
(ii) in the case of a motor vehicle or trailer owned by 2 or more persons—the person in respect of whom a nomination is in force under sub-section 9 (6) of the Act in relation to the motor vehicle or trailer,
is no longer known under the name in which the motor vehicle or trailer is registered; or
(b) the address specified in the certificate of registration in respect of the motor vehicle or trailer as being the address of the person referred to in paragraph (a) is no longer the address of the place of residence or business of the person,
the person shall, not later than 14 days after the change in the person’s name or address, in writing in accordance with the approved form, give notice of the change of name or address to the relevant Registration Authority in relation to the motor vehicle or trailer.
Penalty: $250.
Notification of transfer of ownership
29. (1) Where the ownership of a registered motor vehicle or trailer is transferred from one person to another, the previous owner of the motor vehicle or trailer shall, within 7 days of the date of the transfer of ownership, in writing in accordance with the approved form, give notice of the transfer to the relevant Registration Authority in relation to the motor vehicle or trailer.
Penalty: $500.
(2) In sub-regulation (1), the reference to the previous owner of a motor vehicle or trailer shall, in the case of a vehicle that was, immediately before the transfer, part of the estate of a deceased person, be read as a reference to the executor or the administrator of that estate.
PART III—CHARGE MONITORING DEVICES
Division 1—Authorised persons
Authorisation of persons to fit, &c., charge monitoring devices
30. (1) Subject to this regulation, a Registration Authority in respect of a State or Territory may, by instrument in writing—
(a) grant to a person an authorisation to carry out the following operations, namely—
(i) the fitting of charge monitoring devices of a particular kind to motor vehicles and trailers not previously fitted with charge monitoring devices of that kind; and
(ii) the replacement of charge monitoring devices fitted to motor vehicles or trailers with other charge monitoring devices of the same kind as that of the first-mentioned devices; or
(b) grant to a person, being a person who has in the State or Territory premises on or from which such operations may be carried out, an authorisation to carry out the following operations, namely—
(i) the maintenance and repair of charge monitoring devices;
(ii) the replacement of charge monitoring devices fitted to motor vehicles or trailers with other charge monitoring devices of the same kind as that of the first-mentioned devices; and
(iii) the carrying out of tests for the purpose of ensuring that charge monitoring devices comply with the requirements of clause 6 in Schedule 2.
(2) The authorisation of a person under sub-regulation (1) may be in respect of—
(a) all charge monitoring devices generally; or
(b) charge monitoring devices of such kinds as are specified in the instrument of authorisation,
and, in the case of an authorisation referred to in paragraph (1) (b), shall be in respect of premises specified in the instrument of authorisation.
(3) A Registration Authority shall not grant to a person an authorisation under sub-regulation (1) in respect of charge monitoring devices of a specified kind unless the Registration Authority is satisfied that the person has the skill, and possesses or has access to the tools and equipment, necessary to carry out, in relation to charge monitoring devices of that kind, the operations to which the authorisation, if granted, would relate.
(4) Where a Registration Authority grants an authorisation to a person under sub-regulation (1), the Registration Authority shall allocate to the person an authorisation number by which the person may be identified.
(5) As soon as practicable after a Registration Authority grants an authorisation to a person under sub-regulation (1), the Registration Authority shall cause a notice of the authorisation to be published in the Gazette.
(6) An authorisation granted to a person by a Registration Authority under sub-regulation (1) remains in force until such time as—
(a) the person surrenders the authorisation to the Registration Authority; or
(b) the Registration Authority cancels the authorisation under regulation 32.
Register of authorised persons
31. (1) A Registration Authority in respect of a State or Territory shall keep a register of persons to whom an authorisation under sub-regulation 30 (1) has been granted by the Authority, specifying in respect of each such person—
(a) his or her name and authorisation number;
(b) whether the authorisation is of the kind referred to in paragraph 30 (1) (a) or of the kind referred to in paragraph 30 (1) (b);
(c) in the case of an authorisation referred to in paragraph 30 (1) (b)— the address of the premises in respect of which the authorisation is granted; and
(d) the kind of charge monitoring devices in respect of which the authorisation has been granted to the person.
(2) Where an authorisation granted to a person by a Registration Authority under sub-regulation 30 (1) is surrendered or cancelled, the Registration Authority shall erase all entries in respect of the person from the register.
Cancellation of authorisation
32. (1) Where a person to whom a Registration Authority has granted an authorisation under sub-regulation 30 (1)—
(i) in the case of a person to whom an authorisation referred to in paragraph 30(1) (b) has been granted—to carry on, on the premises specified in the authorisation (in this regulation referred to as the “authorised premises”); or
(ii) in any other case—to carry on,
the operations in respect of which the authorisation has been granted;
(b) does not possess, or have access to, the tools or equipment necessary to carry on the operation in respect of which the authorisation has been granted; or
(c) has failed to carry out, with the standard of care or efficiency normally to be expected from a person carrying on the operations in respect of which the authorisation has been granted, any such operation,
the Registration Authority shall, by notice in writing served on the person, inform the person that the Registration Authority proposes, on the grounds specified in the notice, to cancel the authorisation unless the person has,
within 28 days from the day of issue of the notice, taken such steps or given such undertakings as are sufficient to satisfy the Registration Authority—
(d) in the case of a person who has ceased to carry on, or to carry on on authorised premises, the operations in respect of which the authorisation has been granted—that the person has resumed, or will resume as soon as practicable, those operations, or those operations on those premises, as the case may be;
(e) in the case of a person to whom paragraph (b) applies—that the person has acquired, or has access to, or will as soon as practicable acquire or have access to, the tools or equipment of the kind referred to in that paragraph that the person does not possess or to which he or she does not have access; or
(f) in the case of a person to whom paragraph (c) applies—that the person will in the future carry on, with due care and efficiency, the operations in respect of which the authorisation has been granted.
(2) If a person who has received a notice from a Registration Authority under sub-regulation (1)—
(a) does not, within the period referred to in that sub-regulation, take action or give undertakings in accordance with the notice; or
(b) having taken action or given undertakings in accordance with the notice, subsequently conducts himself or herself in a manner that would justify the service on him or her of a notice under subregulation (1) on the same grounds as those specified in the first-mentioned notice,
the Registration Authority shall cancel the authorisation granted to the person under sub-regulation 30 (1) and give to the person written notice of the cancellation.
Reconsideration and review of certain decisions
33. (1) In this section—
“decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975;
“relevant decision” means—
(a) a decision of a Registration Authority to refuse to grant an authorisation to a person under sub-regulation 30 (1); or
(b) a decision of a Registration Authority to cancel an authorisation granted to a person under sub-regulation 30 (1);
“reviewable decision” means a decision of the Minister under sub-regulation (6) of this regulation;
“Tribunal” means the Administrative Appeals Tribunal.
(2) Where a relevant decision is made and the Registration Authority who made the relevant decision gives to a person whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that a person affected by the decision—
(a) may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-regulation (3); and
(b) may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision of the Minister upon that reconsideration, make application to the Tribunal for review of that last-mentioned decision.
(3) A person affected by a relevant decision who is disssatisfied with the decision may, within 28 days after the day on which the decision first comes to the notice of the person, by notice in accordance with sub-regulation (4), request the Minister to reconsider the decision.
(4) A notice of request to reconsider a relevant decision of a Registration Authority—
(a) shall be in writing addressed to the Minister;
(b) shall state the reasons for making the request; and
(c) shall be delivered to the Registration Authority together with any statement that the appellant may wish to make in support of his or her request.
(5) Where a Registration Authority receives, within the period specified in sub-regulation (3), a notice of request in accordance with sub-regulation (4) in relation to a relevant decision of the Authority, the Registration Authority shall, within 14 days after the receipt of the notice, forward to the Minister—
(a) the notice and any statement accompanying the notice; and
(b) a report by the Authority stating the reasons for its decision.
(6) The Minister, after considering—
(a) the documents referred to him or her in accordance with sub-regulation (5) in relation to a request to reconsider a relevant decision of a Registration Authority; and
(b) such further information (if any) that the Minister may require from the person making the request or the Registration Authority in relation to the request,
shall, within 60 days after the receipt of the documents referred to in paragraph (a) —
(c) in a case where the relevant decision is a decision to refuse to grant an authorisation to a person under sub-regulation 30 (1)—
(i) confirm the relevant decision; or
(ii) set aside the relevant decision and give a direction to the Registration Authority to grant, in accordance with the direction, an authorisation to the person under the sub-regulation; or
(d) in any other case—confirm or set aside the relevant decision.
(7) Where the Minister makes a reviewable decision, the Minister shall, by notice in writing served on the person, inform the person of his or her decision and give reasons for that decision.
(8) A notice under sub-regulation (7) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.
(9) Applications may be made to the Tribunal for review of a reviewable decision.
(10) Any failure to comply with the requirements of sub-regulation (2) or (8) (whichever is applicable) in relation to a notice does not affect the validity of the decision to which the notice relates.
Inspection of premises
34. (1) A Registration Authority or a person approved by the Authority for the purposes of this regulation may inspect—
(a) the premises in respect of which a person is seeking the grant of an authorisation under sub-regulation 30 (1); or
(b) any premises in respect of which an authorisation has been granted under sub-regulation 30 (1),
for the purposes of ascertaining whether the grant, or the continuation of a grant, of an authorisation under that sub-regulation is justified.
(2) Nothing in sub-regulation (1) is to be taken as authorising the inspection of any premises outside regular business hours.
Division 2—Requirements in respect of charge monitoring devices
Requirements in respect of charge monitoring devices
35. (1) For the purposes of sub-sections 36 (2) and (3) of the Act, each of the requirements set out in Schedule 2 is specified for both motor vehicle charge monitoring devices and trailer charge monitoring devices.
(2) For the purposes of sub-section 36 (2) of the Act, the following requirements are, in addition to the requirements specified under sub-regulation (1), specified for a motor vehicle charge monitoring device, namely—
(a) the device is a device of a kind that has, by certificate in accordance with sub-regulation 36 (1), been certified to be appropriate for use—
(i) on motor vehicles only; or
(ii) on either motor vehicles or trailers; and
(b) the certificate is in force.
(3) For the purposes of sub-section 36 (3) of the Act, the following requirements are, in addition to the requirements specified under sub-regulation (1), specified for a trailer charge monitoring device, namely—
(a) the device is a device of a kind that has, by certificate in accordance with sub-regulation 36 (1), been certified to be appropriate for use—
(ii) on either motor vehicles or trailers; and
(b) the certificate is in force.
Certificate in respect of charge monitoring devices appropriate for use on motor vehicles, &c.
36. (1) Subject to sub-regulation (2), the Minister may, by certificate published in the Gazette, certify that charge monitoring devices of the kind specified in the certificate are appropriate for use—
(a) on motor vehicles only;
(c) on either motor vehicles or trailers.
(2) The Minister shall not issue a certificate in accordance with sub-regulation (1) in respect of charge monitoring devices of a specified kind unless the Minister, after consultation with—
(a) the Registration Authority in respect of the Australian Capital Territory; and
(b) the Registration Authority in respect of each state (other than a State in respect of which the Minister is the Registration Authority),
is satisfied that charge monitoring devices of that kind are appropriate for use on motor vehicles only, on trailers only, or on either motor vehicles or trailers, as the case may be.
(3) A certificate referred to in sub-regulation (1) may contain a declaration by the Minister that charge monitoring devices of the kind specified in the certificate are devices in respect of which tests for the purpose of ascertaining whether the devices comply with the requirements of clause 6 in Schedule 2 are to be carried out at least once within such period as is specified in the declaration.
(4) The Minister may, by notice published in the Gazette, vary or revoke a certificate issued in accordance with sub-regulation (1), including any declaration referred to in sub-regulation (3) included in the certificate.
Annual list in respect of charge monitoring devices
37. The Minister shall each year in the month of July publish in the Gazette a list specifying—
(a) the kinds of charge monitoring devices in respect of which a certificate issued in accordance with sub-regulation 36 (1) is, at the time of the publication of the list, in force; and
(b) where a certificate so in force contains, in respect of charge monitoring devices of a certain kind, a declaration of the kind referred to in sub-regulation 36 (3)—the period specified in the declaration.
Division 3—Fitting, repair and maintenance of charge monitoring devices
Interpretation
38. In this Division, a reference, in relation to the carrying out of an operation, to an authorised person is a reference to a person to whom an authorisation to carry out that operation has been granted under sub-regulation 30 (1).
Fitting of charge monitoring devices
39. (1) A charge monitoring device shall be fitted to a vehicle by an authorised person.
(2) Where a vehicle is so designed that it may be driven without one or more of the axles with which it is fitted having ground contact, the authorised person fitting a charge monitoring device to the vehicle shall ensure that the device is fitted to the vehicle in such a manner that the device does not cease to record information regarding the distance travelled by the vehicle when the vehicle is driven without that axle or any of those axles having ground contact.
(3) All connections between a device and the vehicle to which it is fitted shall be sealed by the authorised person fitting the device to the vehicle so that those connections cannot be disconnected from the vehicle without the seals being broken.
Certificates by authorised person
40. (1) Where an authorised person has fitted a vehicle with a charge monitoring device, the authorised person shall, on being satisfied that the charge monitoring device is in working order, issue in duplicate a certificate to the effect that the device was fitted to the vehicle by the authorised person and that the device is in working order, specifying—
(a) the name and authorisation number of the authorised person;
(b) the date on which the device was fitted to the vehicle;
(c) the brand, type or designation number, and serial number, of the device;
(d) whether the vehicle to which the device is fitted is a motor vehicle or a trailer;
(e) the registration number, and the name of the owner, of the vehicle to which the device is fitted;
(f) in the case of a device designed to record distances—the tyre size for which the device is calibrated;
(g) in the case of a device other than a device referred to in paragraph (f)—the conversion factor to be used to ascertain the distances travelled in a forward direction by the vehicle to which it is fitted; and
(h) the period for which the certificate is current.
(2) A certificate issued under sub-regulation (1) in respect of a charge monitoring device fitted to a vehicle is current—
(a) except where paragraph (b) applies—for a period of 3 years; or
(b) if the charge monitoring device is of a kind in respect of which the certificate issued under sub-regulation 36 (1) contains a declaration that specifies a shorter period—for a period equal to that shorter period,
commencing on the day on which the device was fitted to the vehicle.
Repair and maintenance of charge monitoring devices
41. (1) The owner of a registered vehicle fitted with a charge monitoring device shall cause the device to be kept in good repair, and maintained, in accordance with this regulation.
(2) A charge monitoring device shall not be repaired or maintained by a person other than an authorised person.
(3) Any repair or other remedial action that is necessary to ensure that a charge monitoring device fitted to a registered vehicle is in working order shall be effected as soon as practicable but not later than 7 days after the day on which the owner or the person in charge of the vehicle became aware that the device was not in working order.
(4) A charge monitoring device fitted to a registered vehicle shall not be disconnected from the vehicle or removed unless necessary repairs to the device or to any part of the vehicle cannot be satisfactorily effected, or the cause of a failure of the device to operate properly cannot be ascertained, without the device being so disconnected or removed and, except in a case where, by reason of an emergency or of a breakdown of the device or of any part of the vehicle occurring in a remote place, it would not be reasonable to wait for the services of an authorised person to be available, the device shall not be so disconnected or removed otherwise than by an authorised person.
(5) Seals affixed to any part of a charge monitoring device or to any connection between the device and the registered vehicle to which it is fitted shall be removed or broken only to the extent required for the purpose of—
(a) ascertaining the cause of any failure of the device to operate properly; or
(b) effecting necessary repairs to the device or to any part of the vehicle,
and, except in a case where, by reason of an emergency or of a breakdown of the device or of any part of the vehicle occurring in a remote place, it would not be reasonable to wait for the services of an authorised person to be available, those seals shall not be so disconnected or removed otherwise than by an authorised person.
(6) Where any seal referred to in sub-regulation (5) in relation to a charge monitoring device is broken or removed, another seal shall be affixed
by an authorised person to the device or to any connection between the device and the vehicle to which it is fitted, as the case requires, so as to ensure that the requirements of sub-regulation 39 (3) and clause 4 in Schedule 2 are complied with in relation to the device.
(7) Where the charge monitoring device fitted to a registered vehicle is of a kind in respect of which the certificate issued under sub-regulation 36 (1) (in this regulation referred to as the “relevant certificate”) contains a declaration referred to in sub-regulation 36 (3), the owner of the vehicle shall, before the expiration of the prescribed period in respect of the charge monitoring device, cause an authorised person to carry out tests, and such adjustments or repairs to the device as are necessary, to ensure that the device complies with the requirements of clause 6 in Schedule 2 with respect to recordings made by the device.
(8) In sub-regulation (7), “prescribed period”, in relation to a charge monitoring device fitted to a vehicle, means the period, being a period equal to the period specified in the relevant certificate in respect of the device, commencing on—
(a) in the case of a device that has not previously been tested for the purposes of sub-regulation (7)—the day on which the device was first fitted to the vehicle; or
(b) in any other case—the day on which the vehicle was last tested for the purposes of sub-regulation (7).
Registration Authority to be notified of failure of charge monitoring device to operate properly
42. Where a charge monitoring device fitted to a registered vehicle, being a vehicle in relation to which a nomination has been made under subsection 15 (1) of the Act, fails to operate properly, the owner of the vehicle shall, not later than 7 days after the owner or the person in charge of the vehicle becomes aware that the device has ceased to operate properly, by notice in the approved form, inform the relevant Registration Authority in relation to the vehicle accordingly.
Penalty: $250.
Endorsement of certificate
43. Where a seal affixed to any part of a charge monitoring device or to any connection between the device and the registered vehicle to which it is fitted has been broken or removed in circumstances referred to in sub-regulation 41 (5), the authorised person who, in accordance with sub-regulation 41 (6), affixes a new seal to the device or to any connection between the device and the vehicle, shall endorse the current certificate issued under regulation 40 or under regulation 45 in respect of the device with a statement specifying—
(a) the name and authorisation number of the authorised person;
(b) the date on which the authorised person attended to the device; and
(c) the nature of any repairs effected, or other action taken, by the authorised person in relation to the device,
and certifying that the device is in working order.
Records to be kept where device out of order, &c.
44. Where a charge monitoring device fitted to a registered vehicle, being a vehicle in relation to which a nomination has been made under subsection 15 (1) of the Act—
(a) has not been operating properly;
(b) has been disconnected or removed from the vehicle; or
(c) has been repaired or otherwise dealt with,
the owner of the vehicle to which the device is fitted shall—
(d) as soon as practicable after the occurrence, make a record of the occurrence in accordance with the approved form;
(e) where the device has not, during a period, recorded the distances travelled by the vehicle or information from which those distances can be ascertained—keep in accordance with the approved form a record of the distances travelled by the vehicle during that period; and
(f) on the expiry, cancellation or surrender of the registration of the vehicle, produce those records to the Registration Authority accepting the nomination made under sub-section 15 (1) of the Act in relation to the vehicle.
Issue of new certificate
45. (1) Where an authorised person—
(a) has, in relation to a charge monitoring device fitted to a vehicle, carried out the tests and, where necessary, the adjustments or repairs referred to in sub-regulation 41 (7); and
(b) is satisfied that the device complies with the requirements referred to in that sub-regulation,
the authorised person shall issue, in duplicate, a certificate to the effect that the authorised person has carried out the tests and that the device is in working order, specifying—
(c) the name and authorisation number of the authorised person;
(d) the date on which the tests were carried out;
(e) the particulars referred to in paragraphs 40 (1) (c) to (f) in relation to the device or the vehicle to which the device is fitted; and
(f) the period for which the certificate is current.
(2) A certificate issued under sub-regulation (1) in respect of a charge monitoring device fitted to a vehicle is current—
(a) except where paragraph (b) applies—for a period of 3 years; or
(b) if the charge monitoring device is of a kind in respect of which the certificate issued under sub-regulation 36 (1) contains a declaration
that specifies a shorter period—for a period equal to that shorter period,
commencing on the day on which the tests referred to in sub-regulation (1) were carried out in respect of the device.
Retention and production of certificates
46. An authorised person who issues a certificate under sub-regulation 40 (1) or 45 (1) in respect of a charge monitoring device shall—
(a) deliver a copy of the certificate to the owner of the vehicle to which the device is fitted; and
(b) retain the other copy,
and the authorised person and the owner of the vehicle shall each, on request made at any time during the currency of the certificate, make the copy of the certificate in his or her possession available to a Registration Authority.
Division 4—Information recorded by charge monitoring devices
Documents containing information recorded by a charge monitoring device
47. (1) Where a nomination has been made under sub-section 15 (1) of the Act in relation to the current registration of a registered vehicle, the owner of the vehicle shall, on each day that is a prescribed day in respect of the vehicle, and immediately after a prescribed operation has been carried out in respect of the vehicle—
(a) in a case where the charge monitoring device fitted to the vehicle records information relating to the operation of the vehicle in a document located in the device—cause the document to be removed from the device in a manner that ensures that—
(i) the document is retrieved as a whole and is not defaced or damaged; and
(ii) none of the information recorded on the document is obliterated or rendered unintelligible; and
(b) in a case where the charge monitoring device fitted to the vehicle records information relating to the operation of the vehicle in an electronic memory circuit located in the device—cause that information to be transferred by electronic or mechanical means to a document.
(2) The owner of a registered vehicle in relation to the registration of which a nomination has been made under sub-section 15 (1) of the Act shall, upon the cancellation, expiry or surrender of that registration, cause to be prepared a statement in accordance with the form set out in Schedule 3 containing extracts from, or summaries of—
(a) all documents of the kind referred to in paragraph (1) (a) that were removed from the charge monitoring device fitted to the vehicle during the period (in this sub-regulation referred to as the “relevant period”) commencing on the day immediately preceding
the day on which the registration came into force and ending on the expiration of the period for which the registration remained in force; or
(b) all documents on which there is recorded information that, in accordance with paragraph (1) (b), was transferred, during the relevant period, from an electronic memory circuit located in the charge monitoring device fitted to the vehicle,
as the case may be.
(3) For the purposes of this regulation, each of the following days is a prescribed day in respect of a registered vehicle in relation to the current registration of which a nomination has been made under sub-section 15 (1) of the Act:
(a) except where—
(i) the vehicle was, on the day immediately preceding the day on which its current registration comes into force, a registered vehicle in relation to which a nomination had been made under sub-section 15 (1) of the Act; and
(ii) the person who was, on the first-mentioned day in subparagraph (i), the owner of the vehicle complied on that day with the provisions of sub-regulation (1),
—the day on which the current registration of the vehicle comes into force;
(b) if the current registration of the vehicle is for a period of not more than 3 months—the last day of that period;
(c) if the current registration of the vehicle is for a period of more than 3 months but less than one year—
(i) the last day of the period of 3 months commencing on the day on which the registration comes into force and the last day of each consecutive period of 3 months (if any) included in the period for which the vehicle is registered; and
(ii) the day on which the registration ceases to be in force;
(d) if the current registration of the vehicle is for a period of one year—the last day of the period of 3 months commencing on the day on which the registration comes into force and the last day of each consecutive period of 3 months included in that period of one year.
(4) For the purposes of this regulation, each of the following operations is a prescribed operation:
(a) the removal of a charge monitoring device fitted to a vehicle;
(b) where a charge monitoring device fitted to a vehicle has been removed, the replacement of that device with another charge monitoring device.
Safe keeping of documents
48. The owner of a registered vehicle in relation to which a nomination has been made under sub-section 15 (1) of the Act shall cause any of the following documents, namely—
(a) a document that, in accordance with paragraph 47 (1) (a), is removed, during the currency of the registration to which the nomination relates (in this regulation referred to as the “relevant registration”), from the charge monitoring device fitted to the vehicle;
(b) a document on which there is recorded information that, in accordance with paragraph 47 (1) (b), is transferred, during the currency of the relevant registration, from an electronic memory circuit located in the charge monitoring device fitted to the vehicle; and
(c) a document prepared in accordance with sub-regulation 47 (2) upon the cancellation, expiry or surrender of the relevant registration,
to be kept in a safe manner so as to ensure that—
(d) the document is not damaged or defaced; and
(e) none of the information recorded on the document is obliterated or rendered unintelligible,
during the period commencing at the time when—
(f) in the case of a document referred to in paragraph (a)—the document is removed from the device referred to in that paragraph;
(g) in the case of a document referred to in paragraph (b)—the information referred to in that paragraph is transferred to the document; or
(h) in the case of a document referred to in paragraph (c)—the document is prepared,
and ending on the expiration of—
(j) in a case where paragraph (k) does not apply—the day on which the relevant Registration Authority in relation to the vehicle accepts or refuses to accept, the nomination; or
(k) in a case where the owner of the vehicle has made under subsection 15(1) of the Act a nomination in relation to the registration of the vehicle next following the relevant registration—the day on which the relevant Registration Authority in relation to the vehicle accepts, or refuses to accept, that nomination.
PART IV—MISCELLANEOUS
Fees specified for the purposes of sub-section 3 (10) of the Act
49. (1) The fee in column 3 of an item in Schedule 4 is, for the purposes of paragraph 3 (10) (a) of the Act, the fee specified in respect of the performance of the function specified in column 2 of that item.
(2) The fee in column 4 of the item in Schedule 4 is, for the purposes of paragraph 3 (10) (b) of the Act, the maximum fee specified in respect of the performance of the function specified in column 2 of that item.
Prescribed declarations for the purposes of sub-paragraph 19 (2) (c) (ii) of the Act
50. For the purposes of sub-paragraph 19 (2) (c) (ii) of the Act, each of the following declarations is prescribed in relation to a claim by the owner of a motor vehicle or trailer:
(a) a statutory declaration by the owner of the motor vehicle or trailer verifying so much of the information contained in the claim or in any record referred to in paragraph 19 (2) (b) of the Act accompanying the claim as is within the knowledge of the owner of the motor vehicle or trailer;
(b) where the claim or any record referred to in paragraph 19 (2) (b) of the Act accompanying the claim contains information that is not within the knowledge of the owner of the motor vehicle or trailer but is within the knowledge of another person—a statutory declaration by the other person verifying that information.
Fees, &c., specified for the purposes of paragraph 23 (5) (a) of the Act
51. For the purposes of paragraph 23 (5) (a) of the Act, fees (other than a fee that is a prescribed fee for the purposes of the Act), charges and taxes in respect of, or relating to the use of, motor vehicles or trailers that, in their incidence, discriminate against registered motor vehicles or trailers are specified.
Payment of penalty as an alternative to prosecution
52. (1) In this regulation, unless the contrary intention appears—
“authorised person”, in relation to an infringement notice under this regulation, means the person appointed by the Minister, by notice in writing published in the Gazette, to be, for the purposes of this regulation, the authorised person in relation to the class of infringement notices (being a class determined by reference to the status of the persons issuing the notices) in which the infringement notice is included;
“inspector” means a person who is an inspector for the purposes of section 44 of the Act;
“police officer” has the same meaning as in section 44 of the Act;
“prescribed penalty” means—
(a) in relation to an offence against sub-regulation 15 (1) or (4), 17 (2), 20 (2), 22 (3), 26 (1), (2), (3), (4) or (5) or 29 (1)—
(i) where the person who is alleged to have committed the offence is a natural person—$100; or
(ii) where the person who is alleged to have committed the offence is a body corporate—$500; or
(b) in relation to an offence against sub-regulation 17 (1) or (3), 20 (1), 22 (1) or (2) or 24 (1) or (2) or regulation 28 or 42—
(i) where the person who is alleged to have committed the offence is a natural person—$50; or
(ii) where the person who is alleged to have committed the offence is a body corporate—$250.
(2) Where a police officer or an inspector believes on reasonable grounds that a person has committed an offence against these Regulations, the police officer or inspector may serve, or cause to be served, on the person an infringement notice in accordance with this regulation.
(3) An infringement notice in respect of an offence alleged to have been committed against these Regulations shall—
(a) state the name of the police officer or inspector who serves the notice, or causes the notice to be served;
(b) specify the day on which and the time and place at which the offence is alleged to have been committed;
(c) specify the nature of the alleged offence;
(d) contain a notification to the person on whom it is served that, if the person does not wish the matter to be dealt with by a court, he or she may pay the amount of the prescribed penalty in relation to the offence, being the amount specified in the notice, within the period of 28 days after the date of the notice; and
(e) specify the place at which, and the manner in which, the prescribed penalty may be paid,
and may contain such other particulars, if any, as the Minister considers necessary.
(4) Where—
(a) an infringement notice in respect of an offence alleged to have been committed against these Regulations has been served on a person; and
(b) before the expiration of the period of 28 days after the date of the notice or such further period (not exceeding 28 days) as the authorised person in relation to the infringement notice, whether before or after the expiration of the first-mentioned period, allows, the amount of the prescribed penalty in relation to the alleged offence is paid in accordance with the notice,
then—
(c) any liability of the person in respect of the alleged offence shall be deemed to be discharged;
(d) no further proceedings shall be taken in respect of the alleged offence; and
(e) the person shall not be regarded as having been convicted of the alleged offence.
(5) An infringement notice may be served on a person—
(a) where the person is a natural person—
(i) by delivering the notice to the person;
(ii) by sending the notice by post to the person at the last known or usual place of residence or business of the person or at the last known or usual postal address of the person; or
(iii) by leaving the notice at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and is, or is reasonably believed to be, residing, or employed, at that place; or
(b) where the person is a body corporate—
(i) by delivering the notice to a person who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate and is, or is reasonably believed to be, above the age of 16 years at an office or place of business of the body corporate; or
(ii) by sending the notice by post to an office or place of business of the body corporate or at a postal address of the body corporate.
(6) At the hearing of a prosecution for an offence in respect of which an infringement notice has been served—
(a) a certificate signed by an authorised person in relation to the infringement notice and stating—
(i) that the authorised person did not allow, for the purposes of paragraph (4) (b), a further period for the payment of the prescribed penalty in relation to the offence; and
(ii) that the prescribed penalty in relation to the offence was not paid in accordance with the notice within the period of 28 days after the date of the notice; or
(b) a certificate signed by an authorised person in relation to the infringement notice and stating—
(i) that the authorised person allowed, for the purposes of paragraph (4) (b), the further period specified in the certificate for the payment of the penalty in relation to the prescribed offence; and
(ii) that the prescribed penalty in relation to the offence was not paid in accordance with the notice within the period of 28 days after the date of the notice or within the further period allowed for the purposes of paragraph (4) (b),
is evidence of the matters so stated.
(7) For the purposes of this regulation, a document that purports to have been signed by an authorised person in relation to an infringement notice shall be taken to have been so signed unless the contrary is proved.
(8) Nothing in this regulation prevents the service of more than one infringement notice in respect of the same offence, but it is sufficient for the application of sub-regulation (4) to a person on whom more than one such notice has been served that the person pays the prescribed penalty in relation to the offence in accordance with any one of the notices so served on him or her.
(9) Where the amount of a prescribed penalty is paid by cheque, payment shall be deemed not to have been made unless and until the cheque is honoured upon presentation.
(10) Where an infringement notice in respect of an alleged offence has not been served on a person in accordance with this regulation, nothing in this regulation is to be construed as—
(a) requiring the service of an infringement notice in accordance with this regulation on the person in respect of the offence;
(b) affecting the liability of the person to be prosecuted for the offence; or
(c) limiting the amount of the fine that may be imposed by a court on conviction of the person for the offence.
SCHEDULE 1 Regulation 6
APPROVED INSURERS
Column 1 | Column 2 | Column 3 |
Item No. | State or Territory | Insurer |
1 | New South Wales | Government Insurance Office of New South Wales, being the body corporate established under the Government Insurance Act 1927 of the State of New South Wales |
2 | Victoria | State Insurance Office, being the body corporate constituted under the State Insurance Office Act 1984 of the State of Victoria |
3 | Queensland | Fire and All Risks Insurance Company Ltd. Suncorp Insurance and Finance, being the body corporate constituted under the Suncorp Insurance and Finance Act 1985-1986 of the State of Queensland |
4 | Western Australia | The Motor Vehicle Insurance Trust, being the body corporate constituted under the Motor Vehicle (Third Party Insurance) Act 1943 of the State of Western Australia |
5 | South Australia | State Government Insurance Commission, being the body corporate constituted under the State Government Insurance Commission Act 1978 of the State of South Australia |
6 | Tasmania | Motor Accidents Insurance Board, being the body corporate established under the Motor Accidents (Liabilities and Compensation) Act 1973 of the State of Tasmania |
7 | Northern Territory | Territory Insurance Office, being the body corporate established under the Territory Insurance Office Act of the Northern Territory |
8 | Australian Capital Territory | National Roads and Motorists Association Insurance Ltd. |
SCHEDULE 2 Regulation 35
REQUIREMENTS FOR A CHARGE MONITORING DEVICE
1. The device must be one that may be identified by means of a code consisting of—
(a) a designation or type number, being a number, or group of characters, common to all devices similar in design to the device and manufactured by the manufacturer of the device; and
(b) a serial number, being a number that has been allotted to that device by its manufacturer from a range of numbers approved by the Minister, by notice published in the Gazette, as serial numbers in respect of charge monitoring devices manufactured by the manufacturer of the device.
2. The device shall display, or have a plate affixed to it displaying—
(a) the name of its manufacturer; and
(b) the designation or type number, and the serial number, of the device.
3. (1) The device must be able to record, either in a removable document located in the device or in an electronic memory circuit located in the device from which information can subsequently be transferred by electronic or mechanical means to a document—
(a) the distances travelled in a forward direction by the vehicle to which it is fitted or information from which the distances so travelled by the vehicle can be ascertained; and
(b) information establishing that any distance, or information, of the kind referred to in paragraph (a) recorded by the device has in fact been recorded by the device.
(2) Where the device is designed to record the distances travelled by the vehicle to which it is fitted, the device must be able to keep a cumulative record of the distances travelled in a forward direction by the vehicle to a total of not less than 500,000 kilometres.
(3) Where the device is designed to record information from which the distances travelled by the vehicle to which it is fitted can be ascertained, the device must be able to keep a cumulative record of that information in such a way that the distances travelled in a forward direction by the vehicle to a total of not less than 500,000 kilometres may be ascertained from the information recorded.
(4) The device may record the distances travelled in reverse gear by the vehicle to which it is fitted or information from which those distances can be ascertained but must not, in so doing, cancel any record made by the device of any distance travelled in a forward direction by the vehicle or of any information from which any distance so travelled can be ascertained.
4. All the external parts of the device must be secured by seals in such manner as to ensure that a person cannot manipulate, or tamper or interfere with, the device without breaking the seals.
5. The device must be so designed that—
(a) the document, or electronic memory circuit, of the kind referred to in subclause 3 (1) located in the device is protected from any electrical, magnetic, microwave or physical interference; and
(b) any such interference would be readily detected.
6. Tolerances in recordings made by the device at temperatures varying between minus 20 degrees Celsius and 100 degrees Celsius shall not be more or less than 5 per cent of the actual distances in respect of which the recordings were made.
SCHEDULE 2—continued
7. The enclosures of the device must provide protection against the ingress of dust and water inside the device to a degree commensurable with the degree of protection represented by the code IP66 under the system for the classification of degrees of protection provided by enclosures for electrical equipment set out in Australian Standard 1939-1981 of the Standards Association of Australia, being that Standard as in force on 1 January 1987.
SCHEDULE 3 Sub-regulation 47 (2)
FORM
COMMONWEALTH OF AUSTRALIA
Interstate Road Transport Regulations
STATEMENT UNDER SUB-REGULATION 47 (2) IN RESPECT OF INFORMATION RECORDED BY A CHARGE MONITORING DEVICE FITTED TO A VEHICLE
Notes
1. This statement is to be prepared on the cancellation, expiry or surrender of the registration of a vehicle to which a charge monitoring device is fitted if, in the application for registration of the vehicle, the owner of the vehicle nominated, in accordance with sub-section 15 (1) of the Act, the actual distance amount as the amount of charge to be payable in respect of the registration of the vehicle.
2. A reference in this form to a reading taken from a charge monitoring device fitted to a vehicle is a reference to the number of units recorded on a document—
(a) that has been removed from the charge monitoring device fitted to the vehicle; or
(b) to which information recorded in the electronic memory circuit located in the charge monitoring device fitted to the vehicle has been transferred by electronic or mechanical means.
Section 1
Name and address of owner of vehicle:
Class of vehicle:
Registration number of vehicle:
Designation or type number and serial number of charge monitoring device:
Registration period: From to .
Was the charge monitoring device fitted to your vehicle replaced with another device during the period of registration? (Circle the appropriate answer)
NO—GO TO SECTION 2 | YES—GO TO SECTION 3 [You may also be required to produce additional records to the Registration Authority where a device has malfunctioned] |
SCHEDULE 3—continued
Section 2
1. Insert in the blank spaces the readings taken in respect of the registration period from the charge monitoring device fitted to your vehicle and the dates on which they were taken.
1st reading __________________ (A) Date _________________________________
(Taken on the first day of registration or on the last day of the immediately preceding registration period)
2nd reading | | | Date | |
3rd reading | | | Date | |
4th reading | | | Date | |
Final reading | | (B) | Date | |
(Taken on the last day of the registration period)
2. Calculate the difference between (B) and (A) and insert at (C). | | | (C) |
|
3. Insert at (D) the conversion factor to be used to convert into kilometres the units recorded by the charge monitoring device. | | | (D) |
|
4. Calculate the kilometres travelled by multiplying (C) by (D) and insert at (E). | | | (E) |
|
Section 3
5. Insert in the blank spaces the readings taken in respect of the registration period from the charge monitoring devices fitted to your vehicle during the registration period and the dates on which they were taken.
| First Device | | Second Device | | Third Device |
1st reading | | (A) | | | (C) | | | (F) |
Date | | | | | | | | |
(Taken, in the case of the first device, on—
(a) the last day of the immediately preceding registration period; or
(b) the first day of the current registration period,
and, in the case of the other devices, on the day on which the device was fitted to your vehicle)
2nd reading | | | | | | | | |
Date | | | | | | | | |
3rd reading | | | | | | | | |
Date | | | | | | | | |
4th reading | | | | | | | | |
Date | | | | | | | | |
Final reading | | (B) | | | (D) | | | (F) |
Date | | | | | | | | |
(Taken on—
(a) the last day of registration; or
(b) the day on which the device was removed and replaced by another)
SCHEDULE 3—continued
6. Calculate the differences between the 1st and final readings for each device used on the vehicle.
| First Device | | Second Device | | Third Device |
| | (B) | | | (D) | | | (F) |
minus | | (A) | minus | | (C) | minus | | (E) |
| | (G) | | | (H) | | | (I) |
7. Insert the conversion factor to be used to convert into kilometres the units recorded by the device in the relevant spaces.
First Device | Second Device | Third Device |
________(J) | ________(K) | ________(L) |
8. Calculate the kilometres measured by each device.
| First Device | | Second Device | Third Device |
| | (G) | | | (H) | | | (I) | |
multiplied by | | (J) | multiplied by | | (K) | multiplied by | | (L) | |
equals | | (M) | km equals | | (N) | km equals | | (P) | km |
9. Add the kilometres measured to obtain total kilometres travelled by the vehicle.
| | (Q) |
plus | | (R) |
plus | | (S) |
equals | | (T) |
I, (insert name) , of (insert address) , *[the agent of] the owner of the above-mentioned vehicle certify that the above information is correct.
Signature
*Delete words within brackets if inapplicable.
SCHEDULE 4 Sub-regulations 49 (1) and (2)
FEES AND MAXIMUM FEES FOR PURPOSES OF PARAGRAPHS 3 (10) (a) AND 3 (10) (b) OF THE ACT
Column 1 | Column 2 | Column 3 | Column 4 |
Item No. | Function | Fee— paragraph 3 (10) (a) of the Act | Fee— paragraph 3 (10) (b) of the Act |
| | $ | $ |
1 | Registration of a motor vehicle under subsection 9 (1) of the Act, other than a registration to which item 2 or 3 relates | 82.00 | 100.00 |
2 | Registration of a motor vehicle under subsection 9 (1) of the Act where the registration— | 22.00 | 30.00 |
| (a) involves the issue of registration plates; and | | |
| (b) does not involve an inspection of the motor vehicle | | |
3 | Registration of a motor vehicle under subsection 9 (1) of the Act where the registration does not involve— | 13.00 | 20.00 |
| (a) an inspection of the motor vehicle; or | | |
| (b) the issue of registration plates | | |
4 | Registration of a trailer under sub-section 9 (1) of the Act, other than a registration to which item 5 or 6 relates | 57.00 | 70.00 |
5 | Registration of a trailer under sub-section 9 (1) of the Act where the registration— | 22.00 | 30.00 |
| (a) involves the issue of a registration plate; and | | |
| (b) does not involve an inspection of the trailer | | |
6 | Registration of a trailer under sub-section 9 (1) of the Act where the registration does not involve— | 13.00 | 20.00 |
| (a) an inspection of the trailer; or | | |
| (b) the issue of a registration plate | | |
7 | Processing a request under paragraph 9 (3) (b) of the Act for registration of a motor vehicle or trailer for a period of less than one year | 11.00 | 20.00 |
8 | Processing a notice under section 12 of the Act surrendering the registration of a motor vehicle or trailer | 17.00 | 20.00 |
NOTE
1. Notified in the Commonwealth of Australia Gazette on 13 October 1986.
Printed by Authority by the Commonwealth Government Printer
Interstate Road Transport Regulations
(S.R. 309/86)—Cat. No. 10/1.10.1986
