Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002

i Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 S.R. No. 29/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Supporting evidence for registration 2 6. Obligations of registered operators 2 7. Insertion of new Division 6A of Part 2 2 Division 6A—Written-off Vehicles 3 234A. Definitions and application of Division 3 234B. Obligations of insurers and self-insurers to report write-offs 4 234C. Obligations of motor wreckers to report write-offs 6 234D. Obligations of motor car traders to report write-offs 7 234E. Defence for failing to report write-offs 8 234F. Obligation to affix notices or labels to statutory write-offs 8 234G. Making entries on the register of written-off vehicles 9 234H. Removal or amendment of entries on the register of written-off vehicles 10 234I. Availability of information on the register of written-off vehicles 11 234J. Registration and renewal of registration of written-off vehicles 11 8. Search and extract fees for register of written-off vehicles 13 9. New regulation 246A inserted 13 246A. Cancellation of registration of written-off vehicles 13 10. Change of heading 14 11. New regulation 247A inserted 14 247A. Internal review of decisions in relation to written-off vehicles 14 12. New regulation 248A inserted 16 248A. Appeal to the Magistrates' Court 16 -- 1 of 20 -- Regulation Page ii 13. Search and extract fees in respect of number plates and registration numbers 17 ═══════════════ ENDNOTES 18 -- 2 of 20 -- 1 STATUTORY RULES 2002 S.R. No. 29/2002 Road Safety Act 1986 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 16 April 2002 Responsible Minister: PETER BATCHELOR Minister for Transport HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 1999 to prescribe— (a) requirements for notifying the Corporation of written-off vehicles; (b) the process by which information in respect of a vehicle may be entered on the register of written-off vehicles; (c) the process by which a repairable write-off may be registered for use on a highway; (d) the process for removal or amendment of entries on the register of written-off vehicles; -- 3 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 2 (e) fees for information from the register of written-off vehicles and for various certificates; (f) the procedure for appeals to the Magistrates' Court from decisions of the Corporation. 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 May 2002. 4. Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 1999 1 are called the Principal Regulations. 5. Supporting evidence for registration In regulation 211 of the Principal Regulations, after paragraph (f) insert "(fa) in the case of a motor vehicle the vehicle identifier of which is entered on the register of written-off vehicles as a repairable write- off, that the vehicle is the original vehicle to which the vehicle identity was assigned;". 6. Obligations of registered operators In regulation 225 of the Principal Regulations, sub-regulation (2) is revoked. 7. Insertion of new Division 6A of Part 2 After Division 6 of Part 2 of the Principal Regulations, insert r. 2 -- 4 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 3 'Division 6A—Written-off Vehicles 234A. Definitions and application of Division (1) In this Division "motor car trader" has the same meaning as in the Motor Car Traders Act 1986; "relevant date" means— (a) in the case of vehicle that is written off by an insurer or self- insurer—the date on which the insurer or self-insurer made a determination under section 16C(1)(b) of the Act in respect of the vehicle; (b) in the case of a vehicle that is being or has been demolished or dismantled by a motor wrecker— the date on which the motor wrecker began to demolish or dismantle the vehicle; (c) in the case of a vehicle that is in the care, custody or control of a motor car trader—the date on which the vehicle came into the care, custody or control of the motor car trader; "relevant identification information", in relation to a motor vehicle, means (a) the registration number of the vehicle (if any); and (b) the vehicle identifier of the vehicle; and r. 7 -- 5 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 4 (c) the make, model and body type of the vehicle; and (d) whether the vehicle is (i) a light motor vehicle other than a motor cycle; or (ii) a motor cycle. (2) This Division applies to motor vehicles (including motor cycles) that are light motor vehicles designed solely or principally for the transport on roads of people, animals or goods. 234B. Obligations of insurers and self-insurers to report write-offs (1) An insurer must provide to the Corporation the information referred to in sub-regulation (4) for each late model vehicle that is written off (anywhere in Australia) in the course of the business carried on by the insurer. Penalty: 20 penalty units. (2) A self-insurer must provide to the Corporation the information referred to in sub-regulation (4) for each late model vehicle that is written off (anywhere in Australia) by the self-insurer. Penalty: 20 penalty units. (3) Information must be provided under sub- regulation (1) or (2)— (a) before the insurer or self-insurer disposes of the vehicle and within 7 days after the relevant date; or (b) within such later time approved by the Corporation, either in a particular case or generally. r. 7 -- 6 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 5 (4) For the purposes of sub-regulations (1) and (2), the information is (a) the relevant identification information for the vehicle; and (b) the relevant date; and (c) whether the vehicle is (i) a statutory write-off; or (ii) a repairable write-off including a statement of the event or circumstances that, in the opinion of the insurer or self-insurer, result in the vehicle being a statutory write-off or a repairable write-off, described by reference to such codes or terms approved by the Corporation from time to time; and (d) the location and severity of the damage to the vehicle, described by reference to such codes or terms approved by the Corporation from time to time; and (e) the name and address of the insurer or self-insurer (unless the information is lodged electronically with the Corporation); and (f) the telephone number and facsimile number (if any) of the insurer or self- insurer (unless the information is lodged electronically with the Corporation); and (g) the name and address of the person providing the information on behalf of the insurer or self-insurer; and r. 7 -- 7 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 6 (h) the date on which the above information is provided to the Corporation. (5) Despite sub-regulations (1) and (2), an insurer or self-insurer is not required to provide information to the Corporation under this regulation if information about the write- off of the vehicle has been provided for entry on an interstate written-off vehicles register that is approved by the Minister for the purposes of this regulation. 234C. Obligations of motor wreckers to report write-offs (1) A motor wrecker must provide to the Corporation the information referred to in sub-regulation (3) for each late model vehicle that is demolished or dismantled in the course of the business carried on by the motor wrecker. Penalty: 20 penalty units. (2) Information must be provided under sub- regulation (1)— (a) before the motor wrecker disposes of the part or parts of the vehicle on which the vehicle identifier is located and within 7 days after the relevant date; or (b) within such later time approved by the Corporation, either in a particular case or generally. (3) For the purposes of sub-regulation (1), the information is (a) the relevant identification information for the vehicle; and (b) the relevant date; and r. 7 -- 8 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 7 (c) the name and address of the motor wrecker (unless the information is lodged electronically with the Corporation); and (d) the telephone number and facsimile number (if any) of the motor wrecker (unless the information is lodged electronically with the Corporation); and (e) the name and address of the person providing the information on behalf of the motor wrecker; and (f) the date on which the above information is provided to the Corporation. 234D. Obligations of motor car traders to report write-offs (1) A motor car trader must provide to the Corporation information determined by the Corporation, in the form approved by the Corporation, for each late model vehicle that is a written-off vehicle and is in the care, custody or control of the motor car trader in the course of the business carried on by the motor car trader. Penalty: 20 penalty units. (2) Information must be provided under sub- regulation (1)— (a) before the motor car trader disposes of the vehicle and within 7 days after the relevant date; or (b) within such later time approved by the Corporation, either in a particular case or generally. r. 7 -- 9 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 8 (3) Despite sub-regulation (1), a motor car trader is not required to provide information to the Corporation under this regulation if— (a) information about the vehicle has been given to the Corporation by an insurer or self-insurer under regulation 234B; or (b) the registered operator of the vehicle has informed the Corporation in writing that the registered operator has written off the vehicle. 234E. Defence for failing to report write-offs It is a defence to a charge under regulation 234B, 234C or 234D of failing to provide information to the Corporation about a vehicle if the defendant proves that the defendant believed on reasonable grounds that (a) the vehicle was not a written-off vehicle; or (b) the defendant was not required in the circumstances to provide the relevant information. 234F. Obligation to affix notices or labels to statutory write-offs (1) An insurer, self-insurer, motor wrecker or motor car trader must affix to a statutory write-off that is in their care, custody or control a notice or label in the form approved by the Corporation unless a notice or label in that form has already been affixed to the vehicle. Penalty: 20 penalty units. r. 7 -- 10 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 9 (2) The notice or label must be affixed before the insurer, self-insurer, motor wrecker or motor car trader disposes of the vehicle and within 7 days after the relevant date. 234G. Making entries on the register of written-off vehicles (1) The Corporation may enter a motor vehicle on the register of written-off vehicles if (a) information about the vehicle is provided to the Corporation (i) by an insurer or self-insurer in accordance with regulation 234B; or (ii) by a motor wrecker in accordance with regulation 234C; or (b) the Corporation considers that the vehicle has been written off. (2) If the Corporation enters a motor vehicle on the register of written-off vehicles, it must record on the register (a) the relevant identification information for the vehicle; and (b) whether the vehicle is (i) a statutory write-off; or (ii) a repairable write-off; and (c) the date referred to in regulation 234B(4)(b) or 234C(3)(b), or the date on which the vehicle was written off; (d) information relating to the damage or condition that caused the vehicle to be written off; and r. 7 -- 11 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 10 (e) the date on which the entry was made on the register of written-off vehicles. (3) The Corporation may record in the register of written-off vehicles— (a) any other information provided to the Corporation under regulation 234B, 234C or 234D; (b) any other information the Corporation considers to be appropriate. 234H. Removal or amendment of entries on the register of written-off vehicles (1) A person who claims to own or be entitled to possession of a vehicle that has been entered on the register of written-off vehicles may apply to the Corporation for the entry to be removed or amended. (2) If the Corporation is satisfied that an entry on the register of written-off vehicles is incorrect, the Corporation may (a) remove the entry; or (b) amend the entry by (i) in the case of a statutory write- offamending the entry to a repairable write-off; or (ii) in the case of a repairable write- offamending the entry to a statutory write-off; (c) amend any other information or include further information of the kind referred to in regulation 234G(2) or (3). (3) The Corporation may require an applicant under sub-regulation (1) to submit evidence, r. 7 -- 12 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 11 in a form acceptable to the Corporation, verifying (a) the identity of the applicant; (b) the means by which the applicant became the owner or entitled to possession of the relevant vehicle; (c) any matter or thing that is relevant to the consideration of the application. (4) If the Corporation refuses an application under sub-regulation (1) to remove or amend an entry on the register of written-off vehicles, it must inform the applicant in writing of— (a) the applicant's right under Division 9 to an internal review of the refusal; and (b) the applicant's right of appeal under section 16E of the Act. 234I. Availability of information on the register of written-off vehicles (1) For the purposes of section 92(2A)(d) of the Act, the information referred to in regulation 234G(2) is prescribed. (2) On payment of the prescribed fee, a person may obtain a certified extract of any information entered in, or derived from, the register of written-off vehicles, being information that may be used or disclosed in accordance with section 92(2A) of the Act. 234J. Registration and renewal of registration of written-off vehicles (1) The Corporation may register a vehicle to which section 16F(3) or (4) of the Act applies only if r. 7 -- 13 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 12 (a) the Corporation has been provided with a certificate issued not more than 3 months before date of the application for registration by a person the Corporation considers qualified to issue it, certifying that— (i) the vehicle is the original vehicle to which the relevant vehicle identifier was assigned; and (ii) the damage or condition, or the damaged part or component, that is recorded on the register of written-off vehicles as the cause for the vehicle being written off has been repaired, restored or replaced; and (b) the other requirements of these Regulations for registration are satisfied. Note: Vehicles to which section 16F(3) and (4) of the Act apply are vehicles that have the same vehicle identifier as a vehicle entered on the register of written-off vehicles (or an equivalent interstate register) as a repairable write-off. A vehicle that has the same vehicle identifier as a statutory write-off cannot be registered—see section 16F(1) and (2) of the Act. (2) A person must not issue a certificate for the purposes of sub-regulation (1)(a) unless the vehicle has been inspected by, or under the supervision of, the person in accordance with any instructions issued by the Corporation for the inspection of written-off vehicles. (3) The registration of a vehicle under sub- regulation (1) may be renewed in accordance with Division 5.'. -- 14 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 13 8. Search and extract fees for register of written-off vehicles (1) In regulation 238(1) of the Principal Regulations, after "a vehicle" insert "or information relating to a vehicle on the register of written-off vehicles". (2) In regulation 238 of the Principal Regulations, after sub-regulation (1) insert— "(1A) If, in respect of a particular vehicle, a search of, extract from, or certificate in respect of information on, both the register of vehicles and the register of written-off vehicles is made or issued, the relevant fee in Schedule 5 is payable in respect of each of those registers.". (3) In regulation 238(2)(a) of the Principal Regulations, for "or a municipal council" substitute ", a municipal council, an insurer, a self-insurer, a motor vehicle wrecker or a motor car trader". 9. New regulation 246A inserted After regulation 246 of the Principal Regulations insert— "246A. Cancellation of registration of written-off vehicles (1) If the Corporation enters a registered vehicle on the register of written-off vehicles, it must— (a) cancel the registration of the vehicle; and (b) inform the registered operator in writing of— (i) the cancellation of registration; and r. 8 r. 9 -- 15 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 14 (ii) the registered operator's right under Division 9 to an internal review of the decision to enter the vehicle on the register of written- off vehicles. (2) If the Corporation— (a) cancels the registration of a vehicle under sub-regulation (1)(a); and (b) subsequently removes the vehicle from the register of written-off vehicles (whether under regulation 234H or following an internal review or appeal)— the Corporation must restore the vehicle's registration.". 10. Change of heading In the heading to Division 9 of Part 2 of the Principal Regulations, after "Review" insert "and Appeal". 11. New regulation 247A inserted After regulation 247 of the Principal Regulations insert— "247A. Internal review of decisions in relation to written-off vehicles (1) A person whose interests are affected by the relevant decision may apply to the Corporation for an internal review of a decision by the Corporation— (a) to enter a vehicle on the register of written-off vehicles under regulation 234G(1); or r. 10 -- 16 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 15 (b) to remove an entry from the register of written-off vehicles under regulation 234H(2)(a), or to refuse to remove an entry from that register; or (c) to amend an entry on the register of written-off vehicles under regulation 234H(2)(b) or (c), or to refuse to amend an entry on that register. (2) An application for internal review must be made within 28 days after the later of— (a) the day on which the person is notified of the decision; and (b) the day on which the person is informed by the Corporation of the person's right to an internal review. (3) An application for internal review must be considered by a person who was not involved in considering or making the decision the subject of the review. (4) After considering an application for internal review, the Corporation must make a decision— (a) affirming the decision; or (b) varying the decision; or (c) revoking the decision and making another decision in substitution for it. (5) The Corporation must notify an applicant for internal review in writing of its decision within 28 days after it receives the application for internal review. r. 11 -- 17 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 16 (6) A decision subject to internal review under this regulation is to be taken to be affirmed by the Corporation if the Corporation has not given written notice of its decision to the applicant for internal review within 28 days after the day the application was made.". 12. New regulation 248A inserted After regulation 248 of the Principal Regulations insert— "248A. Appeal to the Magistrates' Court (1) An appeal to the Magistrates' Court under section 12 or 16E of the Act must be made within 28 days after— (a) the affected person is notified of the Corporation's decision, if the decision was not reviewed under regulation 247A; or (b) the affected person is notified under regulation 247A(5) of the Corporation's decision, if the decision was reviewed under regulation 247A. (2) If the Corporation fails to notify the affected person of its decision as required by regulation 247A(5), the person may appeal to the Magistrates' Court within 28 days after the end of the period mentioned in that sub- regulation. (3) The Magistrates' Court must cause particulars of an order made on an appeal to be sent immediately to the Corporation. r. 12 -- 18 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 17 (4) A person who appeals to the Magistrates' Court under section 12 or 16E of the Act must— (a) provide notice in writing of the appeal to the clerk of the Magistrates' Court, requesting the clerk to endorse a copy of the notice with the date on which the appeal is to be heard; and (b) serve on the Corporation the endorsed copy of the notice, not less than 14 days before the hearing date.". 13. Search and extract fees in respect of number plates and registration numbers In item 1 of Schedule 5 to the Principal Regulations, after "section 84(1)" insert "or (4A)". ═══════════════ r. 13 -- 19 of 20 -- S.R. No. 29/2002 Road Safety (Vehicles) (Written-off Vehicles) Regulations 2002 18 ENDNOTES 1 Reg. 4: S.R. No. 29/1999. Reprint No. 1 as at 21 December 1999. Reprinted to S.R. No. 146/1999. Further amended by S.R. Nos 58/2000, 83/2001 and 95/2001. Endnotes -- 20 of 20 --