Road Safety (Vehicles), (Drivers) and (General) Amendment ...FILE/13-153sr.docx · Web viewS.R....

Road Safety (Vehicles), (Drivers) and (General) Amendment (Registration) Regulations 2013

S.R. No. 153/2013

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provision 23 Commencement 2

PART 2—ROAD SAFETY (VEHICLES) REGULATIONS 2009 3

Division 1—Amendments to Part 2.5—Registration 3

4 Corporation to issue registration label 35 Registration label to be affixed in visible and readable way 46 Where registration label to be affixed on vehicle 4

53 Where registration label to be affixed on heavy vehicle or heavy trailer 4

7 Offence not to affix registration label 5

Division 2—Amendments to Part 2.10—Fees 5

8 Concessional registration fees for other vehicles 5

Division 3—Amendments to Part 2.11—Expiry, Surrender, Suspension and Cancellation of Registration 6

9 Requirements for surrender 610 Obligation of registered operator if registration cancelled 6

Division 4—Amendments to Part 3.2—Short Term Unregistered Vehicle Permits 7

11 Permit may be subject to conditions 7136 Permit may be subject to conditions 7

Division 5—Amendments to Part 3.4—Club Permits 8

12 Issue of club permit, club permit label and log book 8

Division 6—Amendments to Chapter 8—General Offences 10

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13 Altered number plates 10245 Altered number plates 10

14 Altered registration labels 11245A Altered registration labels and club permit labels 11

PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009 13

15 Restrictions affecting certain motor cycle riders 13

PART 4—ROAD SAFETY (GENERAL) REGULATIONS 2009 14

16 Traffic infringements 14═══════════════

ENDNOTES 15

STATUTORY RULES 2013

S.R. No. 153/2013

Road Safety Act 1986

Road Safety (Vehicles), (Drivers) and (General) Amendment (Registration) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 3 December 2013

Responsible Minister:

TERRY MULDERMinister for Roads

YVETTE CARISBROOKEClerk of the Executive Council

PART 1—PRELIMINARY

1 Objective

The objective of these Regulations is to amend—

(a) the Road Safety (Vehicles) Regulations 2009; and

(b) the Road Safety (Drivers) Regulations 2009; and

(c) the Road Safety (General) Regulations 2009—

to remove the need for light motor vehicles to display registration labels, and to clarify the eligibility requirement for concessional registration fees for vehicles.

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2 Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3 Commencement

These Regulations come into operation on 1 January 2014.

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r. 2

PART 2—ROAD SAFETY (VEHICLES) REGULATIONS 2009

Division 1—Amendments to Part 2.5—Registration

4 Corporation to issue registration label

(1) In regulation 51(1) and (2) of the Road Safety (Vehicles) Regulations 20091, for "vehicle" (wherever occurring) substitute "heavy vehicle".

(2) For regulation 51(3) of the Road Safety (Vehicles) Regulations 2009 substitute—

"(3) The registration label must include—

(a) the registration number of the heavy vehicle; and

(b) the GVM and GCM of the heavy vehicle.".


"(4) The registration label may include—

(a) the expiry date of the heavy vehicle's registration; and

(b) the applicable heavy vehicle fee code; and

(c) the heavy vehicle's make; and

(d) the heavy vehicle's model or body type, whichever is the more descriptive; and

(e) the heavy vehicle's identifier or, if there is no vehicle identifier, the engine number; and

(f) in the case of a heavy vehicle to which regulation 43(1)(a)(ii) applies, the starting date of the nominated period; and

r. 4Part 4—Road Safety (General) Regulations 2009

Road Safety (Vehicles), (Drivers) and (General) Amendment (Registration) Regulations 2013S.R. No. 153/2013

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(g) in the case of a heavy vehicle that is conditionally registered, the conditions to which the registration of the heavy vehicle is subject, in coded form.".

(4) In regulation 51(5) of the Road Safety (Vehicles) Regulations 2009—

(a) for "vehicle" substitute "heavy vehicle"; and

(b) in paragraph (b), for "vehicles" (where twice occurring) substitute "heavy vehicles".

5 Registration label to be affixed in visible and readable way

In regulation 52 of the Road Safety (Vehicles) Regulations 2009, for "vehicle" substitute "heavy vehicle".

6 Where registration label to be affixed on vehicle

For regulation 53 of the Road Safety (Vehicles) Regulations 2009 substitute—

"53 Where registration label to be affixed on heavy vehicle or heavy trailer

A registration label—

(a) for a heavy vehicle that is not a heavy trailer must be affixed as follows—

(i) to the lower left or near side portion of the front windscreen of the vehicle; or

(ii) to any fixed window on the left or near side of the vehicle; or



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(b) for a heavy trailer must be affixed as follows—

(i) on or adjacent to the heavy trailer's number plate in a way that the characters on the number plate are not obscured; or

(ii) so that the label is displayed in a suitable holder on the left side of the heavy trailer in a position not more than 15 metres above ground level with the front of the label facing outwards from the trailer towards the left; or

(iii) if the heavy trailer has a window on the left side not more than 15 metres above ground level, so that the label is fixed horizontally to the window not more than 15 centimetres from the bottom corner of the window nearest to the front of the trailer, with the front of the label against the inside surface of the window.".

7 Offence not to affix registration label

In regulation 55 of the Road Safety (Vehicles) Regulations 2009, for "vehicle" (wherever occurring) substitute "heavy vehicle".

Division 2—Amendments to Part 2.10—Fees

8 Concessional registration fees for other vehicles

(1) For regulation 102(2)(a) of the Road Safety (Vehicles) Regulations 2009 substitute—

"(a) the vehicle is registered or to be registered in the name of a person who on the day of payment of the fee for registration or at the



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commencement of the period of registration, whichever is earlier, is an eligible beneficiary or the spouse or domestic partner of an eligible beneficiary; and".

(2) In regulation 102(2)(b)(ii) of the Road Safety (Vehicles) Regulations 2009, for "eligible pensioner" substitute "eligible beneficiary".

Division 3—Amendments to Part 2.11—Expiry, Surrender, Suspension and Cancellation of Registration

9 Requirements for surrender

In regulation 111 of the Road Safety (Vehicles) Regulations 2009, for "vehicle" (wherever occurring) substitute "heavy vehicle".

10 Obligation of registered operator if registration cancelled

(1) In regulation 118(1) of the Road Safety (Vehicles) Regulations 2009, for "vehicle" (wherever occurring) substitute "heavy vehicle".


"(3) If the registration of a vehicle is cancelled by the Corporation under regulation 117, the registered operator of the vehicle must, within 14 days after the person is notified by the Corporation of the cancellation—

(a) if the vehicle is a heavy vehicle, destroy the registration label for the heavy vehicle; and



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(b) return the vehicle's registration certificate and number plates to the Corporation or an agent nominated by the Corporation.

Penalty: 3 penalty units.".

Division 4—Amendments to Part 3.2—Short Term Unregistered Vehicle Permits

11 Permit may be subject to conditions


"136 Permit may be subject to conditions

A short term unregistered vehicle permit is subject to the following conditions—

(a) that the permit must be affixed as follows—

(i) in the case of a motor vehicle fitted with a windscreen or fixed windows—

(A) to the lower left or near side portion of the front windscreen of the vehicle; or

(B) to any fixed window on the left or rear side of the vehicle; or

(ii) in any other case, on or adjacent to the vehicle's rear number plate in a way that the characters on the number plate are not obscured;

(b) any other conditions specified in the permit.".



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Division 5—Amendments to Part 3.4—Club Permits

12 Issue of club permit, club permit label and log book

For regulation 156(4) of the Road Safety (Vehicles) Regulations 2009 substitute—

"(4) A club permit label must be affixed as follows—

(a) in the case of a motor vehicle fitted with a windscreen or fixed windows—

(i) to the lower left or near side portion of the front windscreen of the vehicle; or

(ii) to any fixed window on the left or near side of the vehicle;

(b) in the case of a motor vehicle not fitted with a windscreen or fixed windows (other than a motor cycle), in a suitable holder on the left side of the vehicle;

(c) in the case of a motor cycle, in a suitable holder—

(i) to the left side of the motor cycle so that the front of the label faces outwards from the motor cycle; or

(ii) to the handlebar on the left side of the motor cycle so that the front of the label faces the front of the motor cycle; or

(iii) to the centre of the front of the motor cycle in a position as near as practicable to the top of the steering head so that the front of the label faces towards the front of the motor cycle; or



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(iv) on or adjacent to the motor cycle's number plate in a way that the characters on the number plate are not obscured;

(d) for a trailer—

(i) on or adjacent to the vehicle's number plate in a way that the characters on the number plate are not obscured; or

(ii) so that the label is displayed in a suitable holder on the left side of the trailer in a position not more than 15 metres above ground level with the front of the label facing outwards from the trailer towards the left; or

(iii) if the trailer has a window on the left side not more than 15 metres above ground level, so that the label is fixed horizontally to the window not more than 15 centimetres from the bottom corner of the window nearest to the front of the trailer, with the front of the label against the inside surface of the window;

(e) in any other case, on or adjacent to the vehicle's rear number plate in a way that the characters on the number plate are not obscured.

(4A) A driver of a vehicle under a club permit issued under this Part in respect of that vehicle must not use that vehicle on a highway if a club permit label, issued under this Part, is not affixed in accordance with



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this Part unless exempt under these Regulations or under any other law.

Penalty: 3 penalty units.

(4B) A permit holder of a vehicle under a club permit issued under this Part must ensure that the vehicle is not used on a highway if a club permit label, issued under this Part, is not affixed in accordance with this Part unless exempt under these Regulations or under any other law.


Division 6—Amendments to Chapter 8—General Offences

13 Altered number plates


"245 Altered number plates

(1) A person must not use a vehicle on a highway displaying an altered number plate.


(2) The registered operator of a vehicle must take reasonable steps to ensure that the vehicle is not used on a highway while displaying an altered number plate.


(3) An owner of an unregistered vehicle must take reasonable steps to ensure that the vehicle is not used on a highway while displaying an altered number plate.


(4) A person other than a person referred to in subregulation (1), (2) or (3), who has control or use of a vehicle, must not cause or permit



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the vehicle to be used on a highway while displaying an altered number plate.


(5) A person who has affixed, or who has caused or permitted another person to affix to a vehicle an altered number plate, is guilty of an offence if that vehicle is used on a highway by any person.


14 Altered registration labels

After regulation 245 of the Road Safety (Vehicles) Regulations 2009 insert—

"245A Altered registration labels and club permit labels

(1) A person must not use a vehicle on a highway displaying an altered registration label or club permit label.


(2) The registered operator of a heavy vehicle or the permit holder of a vehicle operating under a club permit must take reasonable steps to ensure that that vehicle is not used on a highway while displaying an altered registration label or club permit label.


(3) An owner of an unregistered heavy vehicle or the owner of a vehicle operating under a club permit must take reasonable steps to ensure that the vehicle is not used on a highway while displaying an altered registration label or club permit label.




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(4) A person other than a person referred to in subregulation (1), (2) or (3), who has control or use of a heavy vehicle or a vehicle operating under a club permit, must not cause or permit that vehicle to be used on a highway while displaying an altered registration label or club permit label.


(5) A person who has affixed, or who has caused or permitted another person to affix, to a heavy vehicle or vehicle operating under a club permit, an altered registration label or club permit label, is guilty of an offence if that vehicle is used on a highway by any person.


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PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009

15 Restrictions affecting certain motor cycle riders

In regulation 58(5)(b) of the Road Safety (Drivers) Regulations 20092, for "registration label" substitute "certificate of registration".

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PART 4—ROAD SAFETY (GENERAL) REGULATIONS 2009

16 Traffic infringements

In Schedule 7 to the Road Safety (General) Regulations 20093, in the Table for column 4 of item 144B substitute—

"RS(V)R 55(1), 55(2), 156(4A), 156(4B), 245(1), 245(2), 245(3), 245(4), 245(5), 245A(1), 245A(2), 245A(3), 245A(4), 245A(5), 246(1), 246(2), 246(3), 246(4), 246(5), 247(1), 247(2), 247(3), 247(4), 247(5)".

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ENDNOTES

Endnotes


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1 Reg. 4(1): S.R. No. 118/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 87/2013. Subsequently amended by S.R. No. 133/2013.

2 Reg. 15: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently amended by S.R. No. 135/2013.

3 Reg. 16: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. Nos 118/2013 and 135/2013.

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