Road Safety (Vehicles) (Registration Amendment) Regulations 1997

i Road Safety (Vehicles) (Registration Amendment) Regulations 1997 S.R. No. 171/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Insertion of definitions 2 6. Periods for which registration may be sought 2 7. Registration 3 8. Renewal of registration 3 9. Certificate of roadworthiness 5 10. Registration of vehicle 6 11. Return of number plates 6 12. New regulation 220A inserted 6 220A. Primary producer registration numbers and number plates 6 13. Registration fees for primary producer vehicles 7 14. Fee on issue of primary producer number plates with existing registration number 10 ═══════════════ NOTES 12 -- 1 of 13 -- 1 STATUTORY RULES 1997 S.R. No. 171/1997 Road Safety Act 1986 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 16 December 1997 Responsible Minister: GEOFF CRAIGE Minister for Roads and Ports SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to make further provision for the registration of vehicles, registration fees and certificates of roadworthiness. 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 1998. 4. Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 1988 1 are called the Principal Regulations. -- 2 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 2 5. Insertion of definitions In regulation 105(1) of the Principal Regulations insert the following definitions— ' "axle" has the same meaning as in the National Schedule; "heavy motor vehicle" means a vehicle of a kind referred to in Division 1 of Part 2 of the National Schedule; "light motor vehicle" means a motor vehicle other than a heavy motor vehicle; "light trailer" means a trailer with an MRC not exceeding 4.5 tonnes; "long combination prime mover" means a long combination prime mover (type 1) or a long combination prime mover (type 2) within the meaning of the National Schedule; "long combination truck" has the same meaning as in the National Schedule; "medium combination prime mover" has the same meaning as in the National Schedule; "medium combination truck" has the same meaning as in the National Schedule; "short combination prime mover" has the same meaning as in the National Schedule; "short combination truck" has the same meaning as in the National Schedule; "Special Purpose Vehicle (type 2)" has the same meaning as in the National Schedule;'. 6. Periods for which registration may be sought In regulation 202 of the Principal Regulations, for sub-regulation (3) substitute— r. 5 -- 3 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 3 "(3) An application for registration of a heavy vehicle may nominate— (a) a period of registration of 3 months or 6 months; or (b) part-year registration by specifying a period of not less than 3 months and not more than 9 months where the beginning and end of the period are specified in the application.". 7. Registration (1) In regulation 205(3) of the Principal Regulations, after paragraph (c) insert— "; or (d) if a 6 month period of registration has been nominated by the applicant in accordance with regulation 202(3)—the date 6 months after the date of receipt of the application by the Corporation.". (2) In regulation 205 of the Principal Regulations, for sub-regulation (4) substitute— "(4) If the Corporation grants an application under regulation 202(3) for part-year registration of a heavy vehicle— (a) the registration commencement date and expiry date are those set out in the application; and (b) in addition to the requirements of sub- regulation (1), the Corporation must enter the registration commencement date in the Corporation's records.". 8. Renewal of registration r. 7 -- 4 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 4 (1) In regulation 207(1) of the Principal Regulations, in sub-regulation (1), after "registration" (where first occurring) insert "(including part-year registration of a heavy vehicle under regulation 205(4))". (2) In regulation 207 of the Principal Regulations, for sub-regulation (1A) substitute— "(1A) An application for renewal of registration of a heavy vehicle may nominate— (a) a period of renewed registration of 3 months or 6 months; or (b) part-year registration by specifying a period of not less than 3 months and not more than 9 months to start— (i) 12 months after the expiry date of the prior part-year registration; or (ii) on the date specified by the registered owner in the application for renewal of registration, being a date not less than one month after the expiry date of the previous part-year registration— and may cancel such a nomination.". (3) In regulation 207(4) of the Principal Regulations— (a) in paragraph (a)— (i) in sub-paragraph (i), before "on the day" insert "except for part-year registration of a heavy vehicle,"; (ii) after sub-paragraph (i) insert— "(ia) if the renewed registration is part- year registration for a heavy vehicle, on the commencement -- 5 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 5 date specified in the application; or"; (b) in paragraph (b), for "paragraph (c)" substitute "paragraphs (c), (d) and (e)"; (c) in paragraph (c)(i), after "(1A)" insert "(a)"; (d) after paragraph (c) insert— "; and (d) if— (i) the application has nominated a period of renewed registration of 6 months in accordance with sub- regulation (1A)(a); or (ii) the prior registration period was 6 months and the applicant has not cancelled the nomination— ends on the day 6 months after the expiry date of its prior registration; and (e) if— (i) the application has nominated part-year registration in accordance with sub-regulation (1A)(b); or (ii) the prior part-year registration period was for a period of not less than 3 months and not more than 9 months and the application has not cancelled the nomination— ends on the day 12 months after the registration expiry date specified in the application or in the prior part-year registration.". 9. Certificate of roadworthiness r. 9 -- 6 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 6 In regulation 202(1)(e) of the Principal Regulations, after "trailer" insert ", except a motor vehicle or trailer which was registered in a different vehicle category in the name of the applicant and the registration was cancelled immediately before the application". 10. Registration of vehicle (1) In regulation 205 of the Principal Regulations, after sub-regulation (1A) insert— '(1B) If a vehicle referred to in category 5 of the Table to Schedule 1 is registered as a primary producer vehicle, the number plates to be supplied by the Corporation under sub- regulation (1)(b)(i) may bear the words "primary producer".'. 11. Return of number plates (1) In regulation 218(2) of the Principal Regulations, after paragraph (d) insert— "; or (e) the vehicle is registered as a primary producer vehicle and the Corporation, by written notice served on the registered owner of the vehicle, requires the plate to be returned.". 12. New regulation 220A inserted After regulation 220 of the Principal Regulations, insert— '220A. Primary producer registration numbers and number plates (1) The Corporation may require the owner of a vehicle registered as a primary producer vehicle to return the number plates supplied by the Corporation and to elect either— -- 7 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 7 (a) to be supplied, without charge, with new number plates bearing the words "primary producer" and a different registration number; or (b) to be supplied with new number plates bearing the words "primary producer" and the registration number assigned to the vehicle under regulation 205(1). (2) If an owner elects to be supplied with the number plates referred to in sub-regulation (1)(b), the fee set out in Schedule 2 is payable for each number plate issued under sub-regulation (1)(b).'. 13. Registration fees for primary producer vehicles In Schedule 1 to the Principal Regulations— (a) after clause 1(1) insert— "(1A) The fee otherwise payable in respect of a heavy vehicle specified in category 5 of the Table to this Schedule is reduced under section 95(4)(f) of the Act to the amount set out in column 2 of the Table in respect of that vehicle."; (b) for category 5 of the Table substitute— "5. Primary producer vehicles A vehicle owned by a primary producer if— (a) the vehicle is used solely in the business of the owner as a primary producer and— (i) is a prime mover that is— (A) a light motor vehicle 50% base fee (B) a 2–axle prime mover nominated as a short combination r. 13 -- 8 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 8 prime mover 50% base fee (C) a heavy motor vehicle with 4 axles which is registered as a single unit with an MRC exceeding 20 tonnes 20% base fee (D) a 2–axle prime mover nominated as a medium combination prime mover or a long combination prime mover 20% base fee (E) a prime mover with 3 or more axles nominated as any combination 20% base fee (ii) is constructed for carrying a load and is— (A) a light motor vehicle 50% base fee (B) a light trailer nil (C) a heavy motor vehicle which is a 2–axle or 3–axle rigid truck registered as a single unit, or as a 2–axle truck nominated as a short combination truck 50% base fee (D) a heavy motor vehicle which is a 4–axle rigid truck registered as a single unit with an MRC not r. 13 -- 9 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 9 exceeding 20 tonnes 44·44% base fee (E) a heavy motor vehicle with 4 axles which is registered as a single unit with an MRC exceeding 20 tonnes 20% base fee (F) a rigid truck with 3 or more axles nominated as any combination 20% base fee (G) a 2–axle rigid truck nominated as a medium combination or long combination truck 20% base fee (H) a heavy trailer 20% base fee (b) the vehicle— (i) is a motor vehicle used solely in the business of the owner as a primary producer; or (ii) is used for travelling within a radius of 25 kilometres from the owner's residence for the purpose of working the land of another primary producer— and— (iii) is so constructed that its engine is used to drive or operate an agricultural implement forming an integral part of the vehicle; and (iv) its primary purpose is not to carry a load— or— (v) is a tractor with an MRC of 4·5 tonnes or less; or r. 13 -- 10 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 10 (vi) is a primary producer vehicle that— (A) is steered by means of a handle bar; and (B) is designed for the carriage of not more than 1 person; and (C) has 3 or 4 wheels; and (D) has a width not exceeding 1·15 metres; and (E) has a tare mass not exceeding 210 kilograms nil (c) the vehicle is used solely in the business of the registered owner as a primary producer and— (i) is a Special Purpose Vehicle (type 2); and (ii) is conditionally registered to operate on a highway 20% base fee (d) the vehicle is a motor vehicle certified by the Country Fire Authority to be a motor vehicle specially equipped for and exclusively used for combating outbreaks of fire nil". 14. Fee on issue of primary producer number plates with existing registration number In Schedule 2 to the Principal Regulations, in item 1 after paragraph (a) insert— "(ab) primary producer number plates with existing r. 14 -- 11 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 11 registration number—per plate 220A(2) 38.00". ═══════════════ -- 12 of 13 -- S.R. No. 171/1997 Road Safety (Vehicles) (Registration Amendment) Regulations 1997 12 NOTES 1 S.R. No. 29/1988. Reprinted to S.R. No. 16/1997. Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 5 and 13 Road Transport Charges (Australian Capital Territory) Act 1993 of the Commonwealth The Schedule Notes -- 13 of 13 --