Road Safety (Vehicles) Regulations 2021

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Road Safety (Vehicles) Regulations 2021 Road Safety (Vehicles) Regulations Exposure Draft TABLE OF PROPOSALS Proposal Page Part 1—Preliminary 1 Division 1—Preliminary 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 Division 2—Interpretation 2 5 Definitions 2 6 Interpretation—vehicles, combinations and loads 41 7 Interpretation—distance between parallel lines 41 Division 3—Powers of the Secretary 41 8 Secretary may declare matters for the purposes of Regulations 41 9 Secretary may make guidelines 42 10 Authorised persons 43 11 Secretary may authorise vehicle inspectors 44 12 Secretary may give written directions to authorised vehicle inspectors 44 13 Secretary may require authorised vehicle inspectors to comply with guidelines and written directions 45 14 Secretary may revoke an authorisation 45 15 Action on revocation of authorisation 46 16 Approved application forms 47 17 Information to be provided in or with approved application forms 47 18 Incomplete applications 47 19 Approved forms of notices, reports, labels and certificates 48 20 Information to be included in notices, reports, labels and certificates 49 21 Supply of certificates 49 i Proposal Page Part 2—Vehicle registration 50 Division 1—Exemption from registration 50 22 Exemptions from registration 50 Division 2—Eligibility for registration 51 23 Registered operators 51 24 Eligible vehicles 51 Division 3—Vehicle Standards and certification 52 25 Compliance with standards for registration 52 26 Secretary may require new vehicle identifiers and engine identification numbers to be stamped or displayed 53 27 Duplicate vehicle identifiers and engine identification numbers on vehicles to be registered 53 28 Duplicate vehicle identifiers on registered motor vehicles 54 29 Duplicate engine identification numbers—engine substitution 54 30 Offence to alter, deface, remove, substitute or tamper with a vehicle identifier or engine identification number 55 31 Inspection of vehicle identifiers and engine identification numbers 55 32 Non-complying and non-standard vehicles 55 33 Installation of operations plate and issue of certificate of approved operations 56 34 Vehicles equipped with camera mounts 56 35 Requirements for modified vehicles 57 36 Form and issue of VASS approval certificate 58 37 Requirements for motor vehicles installed with alternative fuel systems 58 38 Form and issue of AFSA certificate 59 Division 4—Application for registration 59 39 Names in which vehicles must not be registered 59 40 Who may apply for registration 59 41 Form of application 60 42 Supporting evidence 60 43 Form and issue of certificate of vehicle identity 61 44 Secretary may require certificates etc. to accompany application for registration 62 45 Inspection of vehicles and verification of supporting evidence for registration 63 46 Payment for application for registration 64 47 Inspection of vehicles generally 64 48 Decision about application 65 49 Conditional registration 67 50 Use of registered recreation motor cycles 68 51 Dealer certification scheme 69 ii Proposal Page Division 5—Registration 69 Subdivision 1—Register 69 52 Information to be recorded in register 69 53 Changes to be recorded in the register 71 54 Power to correct an error or omission in the register 71 55 Registered operator may search the register 71 Subdivision 2—Certificates 72 56 Certificates of registration 72 57 Replacement of certificate of registration 72 Subdivision 3—Registration period 73 58 Period of registration 73 Subdivision 4—Registration numbers 73 59 Registration numbers 73 Subdivision 5—Number plates 75 60 Number plates 75 61 Replacement of lost, stolen etc. number plates 75 62 Number plates property of the State 76 63 Affixing and maintaining number plates 77 64 Obligation if towing another vehicle 79 65 Offence—use of vehicles and number plates 80 66 Authority given by Secretary 80 Subdivision 6—Labels for vehicles with alternative fuel systems 81 67 Label to be affixed to hydrogen-powered vehicle 81 68 Label to be affixed to electric-powered vehicle 81 69 Issue of labels for light vehicles with alternative fuel systems 82 Subdivision 7—Obligations 82 70 Obligations of registered operators 82 Division 6—Registration number rights and non-standard number plates 84 Subdivision 1—Registration number rights 84 71 Sale of registration number rights 84 72 Refusal to sell registration number rights 84 73 Transfer of registration number rights 85 74 Grounds for cancellation of registration number rights 86 75 Notice of cancellation of registration number rights 87 76 Compensation 88 iii Proposal Page Subdivision 2—Non-standard number plates and slimline number plates 88 77 Non-standard number plates 88 78 Issue of non-standard number plates for commercial passenger vehicles 89 79 Slimline number plates 89 Subdivision 3—Authorised agents 90 80 Authorisation of agents 90 Division 7—Renewal of registration 90 81 Notice of renewal of registration 90 82 Application for renewal of registration 91 83 Period of renewal of registration 91 84 Renewal of registration 92 85 Return of number plates 93 Division 8—Transfer of registration 93 Subdivision 1—Requirement for transfer of registered vehicles 93 86 Division not applicable in certain circumstances 93 87 Certificate of roadworthiness not required for certain vehicles 94 88 Certificate of roadworthiness not required in certain circumstances 94 Subdivision 2—Obligations of persons disposing of registered vehicles 96 89 Obligations of persons disposing of registered vehicles 96 90 Obligations of dealers disposing of registered vehicles to persons who are not dealers 96 Subdivision 3—Obligations of persons acquiring registered vehicles 97 91 Obligations of persons acquiring registered vehicles other than under legal process 97 92 Obligations of a person acquiring possession under court order or other legal process 98 93 Repossession and restoration 99 94 Application for transfer of registration by legal personal representative 100 95 Mandatory refusal to record transfer 100 96 Discretionary refusal to record transfer 101 97 Notice of refusal to record transfer 102 98 Secretary may make entry in register pending application for transfer 103 99 Secretary may cancel transfer of registration in cases of fraud 103 iv Proposal Page Division 9—Written-off vehicles 103 100 Application of Division 103 101 Obligations of insurers and self-insurers in relation to write- offs 104 102 Obligations of motor wreckers in relation to write-offs 105 103 Obligations of motor car traders in relation to write-offs 106 104 Obligation to disclose information to purchaser of written-off vehicle 107 105 Obligation of insurer or self-insurer to affix notices or labels to write-offs 107 106 Obligation of motor wrecker or motor car trader to affix notices or labels on write-offs 108 107 Entering vehicles on the register of written-off vehicles 108 108 Register of written-off vehicles 109 109 Information to be included if motor vehicle entered on the register of written-off vehicles 109 110 Removal or amendment of entries on the register of written-off vehicles 110 111 Certified extract of information from the register of written-off vehicles 112 112 Registration of written-off vehicles 112 113 Issue of club permits for written-off vehicles 113 114 Form and issue of VIV certificates 114 115 Renewal of registration of written-off vehicles 114 116 Renewal of club permits for written-off vehicles 115 Division 10—Fees 115 117 Fees for registration and renewal of registration of heavy vehicles 115 118 Fees for registration and renewal of registration of motor cycles 115 119 Fees for registration and renewal of registration of mobile plant 116 120 Fee for registration or renewal of light trailers 116 121 Fees for registration or renewal of registration of zero and low emission vehicles 116 122 Concessional registration fees for registration and renewal of registration 116 123 Fees for the transfer of registration 117 124 Search and extract fees 117 125 Refunds 118 126 Reduction, waiver or refund of fees 120 127 Application of certain fees 120 v Proposal Page Division 11—Expiry, surrender, suspension and cancellation of registration 121 Subdivision 1—Expiry 121 128 Expiry of registration 121 Subdivision 2—Surrender 121 129 Surrender of registration 121 130 Cancellation of registration following surrender of registration 122 Subdivision 3—Suspension 122 131 Grounds for suspension 122 132 Procedure for suspension 125 133 Effect of suspension 125 Subdivision 4—Cancellation 126 134 Cancellation of registration 126 135 Obligation of registered operator if registration cancelled 127 136 Cancellation of registration of written-off vehicles 127 Division 12—Review and appeal rights 128 Subdivision 1—Internal review 128 137 Grounds for internal review 128 138 When application for internal review must be made 129 139 Who is to conduct internal review 130 140 Decision about internal review 130 Subdivision 2—Internal review of decisions about written-off vehicles and tester's licences 131 141 Who may apply for review 131 142 When application must be made 131 143 Who must consider application for internal review 131 144 Decision about internal review 132 Subdivision 3—External review 132 145 Application for external review 132 Subdivision 4—Appeals 133 146 Appeal to the Magistrates' Court under section 12, 15A or 16E of the Act 133 Part 3—Use of unregistered vehicles 135 Division 1—Exemptions from registration 135 147 Exemption for vehicles used for the purpose of obtaining registration 135 vi Proposal Page 148 Exemption for vehicles
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