{"id":"motor-vehicles-act-1949","name":"Motor Vehicles Act 1949","slug":"motor-vehicles-act-1949","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30282,"registerId":"nt-motor-vehicles-act-1949-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 5B","sectionType":"part","heading":"Alteration of maximum loads, granting of","content":"Part 5B Alteration of maximum loads, granting of\nexemptions, and prohibition against\ncertain vehicles\n57 Alteration of maximum loads, &c. .................................................. 64\n58 Prohibition against certain vehicles travelling on specified\npublic streets or in specified public places ..................................... 64\n59 Exemption of vehicles .................................................................... 65\n60 Proof of exemption defence in certain cases ................................. 65\n60A Determination of GVM ................................................................... 65\n60B Determination of GCM ................................................................... 66\n61 Determination of mass of vehicle................................................... 67\n62 Determination of laden mass of vehicle, wheel load and load\non tyre ........................................................................................... 68\n63 Testing weighing machines ........................................................... 68\n64 Powers of officers for purposes of Part 5A and Standards ............ 69\n65 Person to comply with requirements, &c., of officers ..................... 70\n66 Evidence ........................................................................................ 71\n67 Liability of owner, operator and actual offender ............................. 72\nPart 6 General provisions relating to motor\n92 Application for registration and licences ........................................ 72\n92A Nomination of operator of vehicle .................................................. 73\n93 Registration and issue of permits in case of joint owners and\ncompanies ..................................................................................... 73\n95 Change of address ........................................................................ 74\n96 Lost certificate, licence or permit ................................................... 74\n97 Production of certificate, licence or permit ..................................... 74\n98 Return of certificate, licence or permit upon cancellation .............. 74\n100 Defaced certificate, licence or permit ............................................. 75\n\nMotor Vehicles Act 1949 vi\n101 Identification requirements for motor vehicles and trailers ............. 75\n101AA Allocation, marking and interference with vehicle identification\nnumbers......................................................................................... 77\n101A Holders of interstate licences......................................................... 78\n101B Revocation or suspension of entitlement to drive of holder of\ninterstate licence, &c. .................................................................... 79\n102 Refusal, cancellation or suspension of authorities ......................... 79\n102AAA Cancellation of licence to drive commercial passenger vehicle\nfor disqualifying offence ................................................................. 84\n102AAB Suspension of licence to drive commercial passenger vehicle\nfor disqualifying offence ................................................................. 85\n102AAC Reviews by Chief Executive Officer for disqualifying offences....... 85\n102AAD Appeal to Local Court .................................................................... 87\n102AA Applications made by certain offenders ......................................... 88\n102A Endorsement that registration is for restricted use only ................. 92\n103 Duration of registration of motor vehicle or trailer .......................... 92\n104 Duration of licences may be shorter .............................................. 93\n105 Endorsement of licence, permit or certificate ................................. 94\n106 Driver of Defence Force vehicle .................................................... 94\nPart 6B Vehicles to which Road Transport Charges\nLaws apply\n107 Vehicles not to be driven in configuration attracting higher\ncharge than that paid ..................................................................... 95\n107A Change in configuration of heavy vehicle registered in\nTerritory ......................................................................................... 97\n107B Temporary permit where configuration of Territory or interstate\nheavy vehicle altered ..................................................................... 99\n108 Driving motor vehicle different from description in certificate or\npermit .......................................................................................... 100\n109 Owner to require driver to produce licence .................................. 101\n111 Certain numbers or plates not to be on vehicle ........................... 101\n112 Number plates not to be covered................................................. 101\n113 Requirement to produce licence or give information.................... 102\n114 Commercial passenger vehicle licensee to notify Registrar\nabout charge for disqualifying offence ......................................... 102\n115 Obtaining permit, licence, &c., by misrepresentation ................... 102\n116 Production of licence in Court ...................................................... 103\n117 Penalties for offences .................................................................. 103\n117A Regulatory offences..................................................................... 104\n118 Record of registration and licences to be kept ............................. 104\n\nMotor Vehicles Act 1949 vii\n119 Judicial notice of Registrar's, Deputy Registrar's and certain\nofficers' signatures ....................................................................... 104\n119A Defendant deemed to be person named in certificate ................. 106\n120 Laying of information ................................................................... 106\n121 Protection from liability ................................................................ 106\n122 Evidence of registration ............................................................... 107\n123 Evidence of ownership and operation of motor vehicle ............... 107\n123A Registrar may approve credit arrangement ................................. 107\n124 Recovery of fees unpaid .............................................................. 107\n125 Duties of Police, inspectors and officers ...................................... 108\n126 Power to demand name and address and to arrest without\nwarrant......................................................................................... 108\n127 Production of motor vehicles ....................................................... 108\n128 Inspection of motor vehicles ........................................................ 108\n128A Defective motor vehicles ............................................................. 108\n129 Service of notice .......................................................................... 111\n130 Offence due to accident ............................................................... 111\n132 Remission or refund of fees ......................................................... 111\n135 Exemption of motor vehicles........................................................ 114\n137 Temporary licences ..................................................................... 115\n137B Pastoral vehicle permit ................................................................ 116\n137C Acquisition on just terms .............................................................. 118\n137D Discovery for purpose of recovery of debts under car parking\ncontracts ...................................................................................... 118\n137E Information sharing ...................................................................... 118\n137F Use of computer programs .......................................................... 119\n138 Regulations.................................................................................. 120\nPart 9 Transitional matters for Territory Insurance\nOffice and Other Legislation Amendment\nAct 2010\n139 Compensation contributions ........................................................ 122\nPart 10 Transitional matter for Motor Vehicles\n(Private Car Parking) Amendment Act 2015\n140 Certain orders taken never to have been made........................... 122\nPart 11 Transitional matter for Traffic and Other\nLegislation Amendment Act 2015\n141 Offences – before and after commencement............................... 123\nPart 12 Transitional matters for Transport\nLegislation Amendment Act 2025\n142 Definition...................................................................................... 123\n\nMotor Vehicles Act 1949 viii\n143 Savings for existing registration of motor vehicles and motor\nvehicle trader's licences............................................................... 124\n144 Duration of registration of certain trailers registered before\ncommencement ........................................................................... 124\n145 Savings for exemptions in force before commencement ............. 125\n\n____________________\nAs in force at 18 November 2025\n____________________\nMOTOR VEHICLES ACT 1949\nAn Act relating to Motor Vehicles\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Motor Vehicles Act 1949.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"3 Repeal\n(1) The Motor Vehicles Ordinance 1930, the Motor Vehicles\nOrdinance 1938, the Motor Vehicles Ordinance 1940 and the Motor\nVehicles Ordinance 1946 are repealed.\n(2) The officers appointed under or by virtue of any repealed\nOrdinance, and holding office immediately prior to the\ncommencement of this Act, shall remain in office as if this Act had\nbeen in force at the time they were appointed, and they had been\nappointed thereunder, and this Act shall apply to them accordingly.\n(3) Any licence, copy of entries in the Register, or general identification\nnumber issued, furnished or assigned under any repealed\nOrdinance and held immediately prior to the commencement of this\nAct, and any person and motor vehicle licensed or registered under\nsuch Ordinance shall, during the subsistence of such licence or\nregistration be under and subject to this Act as if such licence or\nregistration had been granted under this Act:\nProvided that any such general identification number shall be\ndeemed to be a motor vehicle trader's licence for the purposes of\nthis Act and this Act shall apply accordingly.\n\nMotor Vehicles Act 1949 2\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"5 Interpretation\n(1) In this Act:\nAIL, or alcohol ignition lock, see section 19(1) of the Traffic\nAct 1987.\nAIL licence, see section 10(4A).\nAIL period, see section 19(1) of the Traffic Act 1987.\nAIL vehicle, see section 10(4A).\napproved means approved by the Registrar.\napproved AIL means an AIL approved under section 10(4E).\napproved supplier means a supplier approved under\nsection 10(4E).\narticulated vehicle means a motor vehicle the portion immediately\nfollowing the prime mover of which is pivoted to, and a part of which\n(not being a pole, drawbar or an accessory thereof) is\nsuperimposed on, the prime mover.\nattached, in relation to the connection between a motor vehicle and\na trailer, includes connected indirectly through another trailer.\nAustralian Design Rule means a national road vehicle standard\ndetermined under section 12 of the Road Vehicle Standards\nAct 2018 (Cth).\nAustralian Vehicle Standards Rules means the Australian\nVehicle Standards Rules set out in Schedule 6 of the Standards.\ncommercial passenger vehicle has the same meaning as in\nsection 3(1) of the Commercial Passenger (Road) Transport\nAct 1991.\ncommunity order, for Part 2A, see section 25J.\ncompensation contributions means contributions payable in\nrespect of the motor accident compensation scheme established by\nthe Motor Accidents (Compensation) Act 1979.\nconfiguration, in relation to a vehicle of a kind to which the Road\nTransport Charges Laws apply, or to which, if the vehicle were\nrequired to be registered under this Act, those Laws would apply,\nmeans a description, of a vehicle or vehicle combination, in the\nRoad Transport Charges Laws, by reference to the:\n\nMotor Vehicles Act 1949 3\n(a) motor vehicle type;\n(b) types and maximum number of trailers, if any, attached to the\nmotor vehicle;\n(c) MRC within the meaning of that Act; and/or\n(d) number of axles of the motor vehicle and trailers, if any,\nattached to the motor vehicle,\ncomprising the vehicle, being a description in relation to which\nseparate provision is made in the Road Transport Charges Laws for\nthe amount of the registration charge.\nDeputy Registrar means any Deputy Registrar of Motor Vehicles\nappointed in pursuance of this Act.\ndiameter, in relation to a wheel, means the diameter measured in a\nhorizontal plane across the axis of the wheel and, in relation to a\nwheel to which the pneumatic tyre is attached, means the diameter\nof the tyre when that tyre is inflated.\ndisqualifying offence has the same meaning as in the\ndrive, in relation to a vehicle, means to drive, or be in control of, in\na public place or in a public street and includes to ride and to haul.\ndriver means a person driving a vehicle.\ndriving program, for Part 2A, see section 25J.\nfire management operation means any act done for the\nprevention or suppression of a fire or the mitigation of a fire hazard\nand includes fuel reduction, controlled burning and the construction\nof a fire break.\nformer owner, in relation to a motor vehicle or trailer that is sold or\ndisposed of, means the person who owned the motor vehicle or\ntrailer immediately before the sale or disposal.\nGCM or gross combination mass, of a motor vehicle, means the\nsum of the maximum laden mass of the motor vehicle and any\nother vehicle or vehicles it may tow at the same time, as\ndetermined in accordance with section 60B.\ngoods vehicle means a motor vehicle constructed primarily for the\ncarriage of goods or animals.\n\nMotor Vehicles Act 1949 4\nGVM or gross vehicle mass, of a vehicle, means the maximum\nladen mass at which the vehicle may be operated as determined in\naccordance with section 60A.\nheavy vehicle means a vehicle that has a gross vehicle mass of\nmore than 4.5 tonnes.\nidentification device means a plate or label that is:\n(a) attached to a motor vehicle or trailer; and\n(b) part of the identification requirements for the motor vehicle or\ntrailer under section 101(1) or (2).\ninspector means an inspector appointed in pursuance of this Act.\nladen mass, in relation to a vehicle, means:\n(a) the tare mass of the vehicle; and\n(b) the mass of the load on that vehicle,\nborne by the surface on which that vehicle is standing or running.\nlearner licence, see section 9.\nlength, in relation to a vehicle, means:\n(a) in the case of a motor vehicle to which a trailer is attached, the\ndistance from the foremost end of the motor vehicle, a\nprojecting part of the motor vehicle or its load, to the hindmost\npart of the hindmost trailer, a projecting part of that trailer or its\nload, whichever is the greatest; and\n(b) in any other case, the distance from the foremost end of the\nvehicle, a projecting part of the vehicle or its load, to the\nhindmost end of the vehicle, a projecting part of the vehicle or\nits load, whichever is the greatest,\nbut:\n(c) other than for the purpose of determining the overall length of\na motor vehicle to which a trailer is attached, a towbar which is\ndetachable shall not be included in the measurement of the\noverall length of the trailer; and\n(d) for the purpose of determining the overall length of a trailer, a\nportion of the trailer not exceeding the full width of that trailer\nand contained within a radius of 1.9 metres forward of the\npoint of articulation of that trailer shall not be included in the\n\nMotor Vehicles Act 1949 5\nmeasurement of the overall length of that trailer.\nlicence means a licence under this Act.\nlicence disqualification, for Part 2A, see section 25J.\nlicensed means licensed under this Act.\nlicensed driver, for Part 2A, see section 25J.\nlicensee means any person to whom a licence has been granted.\nlimousine has the same meaning as in the Commercial Passenger\n(Road) Transport Act 1991.\nMAC Commission means the Commission as defined in section 3\nof the Motor Accidents (Compensation) Commission Act 2014.\nmandatory period, see section 19(1) of the Traffic Act 1987.\nminibus has the same meaning as in section 3(1) of the\nmotor cycle does not include any vehicle excluded by regulation.\nmotor omnibus means an approved motor vehicle fitted, equipped\nand constructed in accordance with the Australian Design Rules to\ncarry more than 8 passengers and used to carry passengers for\nhire or reward.\nmotor tractor means any motor vehicle constructed principally for\nthe purpose of supplying motive power for machinery, or for hauling\nany vehicle.\nmotor vehicle means any vehicle for use on land that is designed\nto be wholly or partly self-propelled and includes any trailer\nattached to it, but does not include any vehicle excluded by\nregulation.\nmotor vehicle trader's licence, see section 34(1).\nnew owner, in relation to a motor vehicle or trailer that is sold or\ndisposed of, means the person to whom the motor vehicle or trailer\nis sold or disposed of.\noffender, for Part 2A, see section 25K(1)(a).\nofficer means:\n(a) a person appointed in pursuance of this Act; or\n\nMotor Vehicles Act 1949 6\n(b) a member of the Police Force.\noperator, in relation to a vehicle, means:\n(a) a person nominated under section 92A by the owner of the\nvehicle to be the operator of the vehicle; or\n(b) if no person has been nominated as the operator of the\nvehicle – the owner of the vehicle.\nowner means the person described in a certificate of registration as\nowner or new owner and includes the legal personal representative\nof that person, and, in relation to an application for registration or\ntransfer or renewal of registration, a person who owns a motor\nvehicle or trailer or is purchasing a motor vehicle or trailer in\npursuance of a hire purchase agreement.\npastoral vehicle permit means a pastoral vehicle permit granted\nor renewed under section 137B(1).\npneumatic tyre means a tyre consisting of a flexible elastic shell\ninflated with, and supported by, no other substance other than:\n(a) air;\n(b) a gas other than air;\n(c) a combination of air and another gas; or\n(d) a prescribed substance,\nwhether with or without an inner tube.\nPolice Force means Police Force of the Territory.\npreviously licensed offender, for Part 2A, see section 25L(1)(a).\nprime mover means a motor vehicle constructed so as to provide\nthe motive power for an articulated vehicle.\nprivate hire car has the same meaning as in section 3(1) of the\npublic place means any part (other than a public street) of a park,\nreserve, parking area, recreational or sporting ground, racecourse,\ndrive-in theatre, beach or any other open place, that is open to or\nused by the public, whether with or without payment for admission,\nbut does not include the track within an enclosed ground used for\nvehicle or animal speed races or trials.\n\nMotor Vehicles Act 1949 7\npublic street means any street, road, lane, thoroughfare, footpath\nor place open to, or used by, the public and includes a road on land\nleased under the Special Purposes Leases Act 1953 for use as a\nroad, but does not include:\n(b) a road, or part of a road, that is closed under the Control of\nRoads Act 1953 or under the Local Government Act 2019; or\n(c) a street, road, lane, thoroughfare, foot-path, or other place,\nunder construction,\nand not open to or used by the public.\nRAV or Register of Approved Vehicles means the Register of\nApproved Vehicles kept under section 14(1) of the Road Vehicle\nStandards Act 2018 (Cth).\nreconfiguration period means, in relation to an amendment to the\nregistration of a vehicle under section 107A, or a temporary permit\nunder 107B, the period in respect of which the amendment or\npermit, as the case may be, is in force.\nregistered means registered under this Act.\nregistered person, see section 11(1A).\nRegistrar means the Registrar of Motor Vehicles appointed in\npursuance of this Act.\nRegulations means regulations made under this Act.\nrepealed Ordinance means any Ordinance repealed by section 3\nand includes any such Ordinance as subsequently amended.\nresident of the Territory means a person who has resided in the\nTerritory for a continuous period of not less than 3 months.\nrigid, in relation to a vehicle, means that the longitudinal axis of the\nvehicle cannot deviate from a straight line in the horizontal plane.\nRoad Transport Charges Laws means Schedule 2 of the Motor\nVehicles (Fees and Charges) Regulations 2008.\nsecond edition ADR means an Australian Design Rule\nincorporated in the document entitled \"Australian Design Rules for\nMotor Vehicle Safety, Second Edition\" originally published by the\nthen Commonwealth Department of Transport.\nself-tracking, in relation to a trailer, means equipped with a device\nwhich causes the distances between wheels on the same side of\n\nMotor Vehicles Act 1949 8\nthe trailer to vary as the trailer is hauled round a curve in a road in\nsuch manner that the trailer follows approximately round the curve\nthe track of the motor vehicle to which it is attached.\nspecial passenger vehicle has the same meaning as in\nsection 3(1) of the Commercial Passenger (Road) Transport\nAct 1991.\nStandards means the Motor Vehicles (Standards)\nRegulations 2003.\nsuspension notice, see section 26.\nsuspension period, see section 26.\ntare mass, in relation to a vehicle, means the unladen mass of the\nvehicle together with the equipment prescribed to be carried upon\nor fitted to the vehicle and, in the case of a vehicle which uses fuel,\napproximately 10 litres of fuel.\ntaxi has the same meaning as in section 3(1) of the Commercial\nPassenger (Road) Transport Act 1991.\nTerritory of the Commonwealth means any Territory under the\nauthority of the Commonwealth (including a Territory governed by\nthe Commonwealth under a Mandate).\nthird edition ADR means an Australian Design Rule that is not a\nsecond edition ADR.\ntourist vehicle has the same meaning as in section 3(1) of the\ntrader means a person to whom a motor vehicle trader's licence\nhas been granted or transferred and, in the case of a trader being a\ncompany, firm or partnership, includes any director, manager or\nother officer of the company or any member of the firm or any\npartner of the partnership.\ntrader's plates, see section 34(1).\ntrailer means any vehicle without motive power constructed or\nadapted for being drawn by a motor vehicle.\nunlicensed offender, for Part 2A, see section 25L(1)(b).\nvehicle means any means of conveyance which runs on wheels\nbut does not include any vehicle used on a railway.\n\nMotor Vehicles Act 1949 9\nvehicle identification number, of a motor vehicle or trailer,\nmeans:\n(a) the vehicle identifier of the motor vehicle or trailer; or\n(b) the number allotted by the Registrar to the motor vehicle or\ntrailer under section 101AA(1) and marked on the motor\nvehicle or trailer under section 101AA(2).\nvehicle identifier means:\n(a) for a motor vehicle or trailer manufactured on or before\n","sortOrder":4},{"sectionNumber":"30","sectionType":"section","heading":"June 1988 – a number permanently marked on the motor","content":"30 June 1988 – a number permanently marked on the motor\nvehicle or trailer by the manufacturer for its identification and\naccepted by the Registrar as a unique identifier; or\n(b) for a motor vehicle or trailer manufactured after\n30 June 1988 – the identification number allocated to and\npermanently marked on the motor vehicle or trailer by the\nmanufacturer in accordance with an Australian Design Rule.\nvisiting vehicle means a vehicle that:\n(a) is registered in a State, another Territory or another\ncountry; and\n(b) if required under the law of that State, Territory or country –\nhas affixed to it a current registration label and a number plate\nor plates; and\n(c) is temporarily in the Northern Territory.\nweighing device means a device approved by the Minister for the\npurposes of this Act and the Standards.\nweighing machine means:\n(a) a weighbridge; or\n(b) a weighing device.\nweighing station means a place on or near a public street or\npublic place at which there is a weighing device.\nwidth means:\n(a) in relation to a vehicle, the distance from one side of the\nvehicle, a projecting part of that vehicle or its load, to the other\nside of that vehicle, a projecting part of that vehicle or its load,\nwhichever is the greatest, but excluding rear vision mirrors\n\nMotor Vehicles Act 1949 10\nand signalling devices on that vehicle;\n(b) in relation to a tyre, the width of the surface of the tyre which\nordinarily comes into contact with the surface of the road; and\n(c) in relation to tyres on a group of co-axial wheels on one side\nof the longitudinal centre line of the vehicle, the sum of the\nwidths of the surfaces of those tyres which ordinarily come\ninto contact with the surface of the road.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) Unless otherwise provided, a reference in this Act to an Australian\nDesign Rule is a reference to the rule as in force from time to time.\n(3) A reference in this Act to an Australian Design Rule is a reference\nto the rule read in conjunction with:\n(a) for a second edition ADR – the document entitled \"Australian\nDesign Rules - Definitions\" that forms part of the document\nentitled \"Australian Design Rules for Motor Vehicle Safety,\nSecond Edition\" originally published by the then\nCommonwealth Department of Transport; or\n(b) for a third edition ADR – the Vehicle Standard (Australian\nDesign Rule - Definitions and Vehicle Categories) 2005 (Cth).\n(4) If an Australian Design Rule mentioned in this Act refers to another\ndocument, the other document is taken to be incorporated with, and\nform part of, the Australian Design Rule.\n(5) A reference in this Act to a second edition ADR, or third edition\nADR, followed by a number is a reference to the second edition\nADR, or third edition ADR, as appropriate, of that number.\n(6) A reference in this Act to a number includes a reference to a letter\nof the alphabet.\n(7) A word or expression defined in the Australian Vehicle Standards\nRules applies to those Rules despite any inconsistent definition in\nthis Act.\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Provisions relating to motor vehicles also apply to trailers","content":"5A Provisions relating to motor vehicles also apply to trailers\n(1) A provision of this Act that refers to a motor vehicle, other than an\nexcluded provision, applies to a trailer in the same way that it\napplies to a motor vehicle.\n\nMotor Vehicles Act 1949 11\n(2) For subsection (1), each of the following is an excluded provision:\n(a) the provisions of this Part;\n(b) sections 8, 8A, 10, 10A, 11, 11A, 12, 12A, 13A(1A), 14(3)\nand (5), 16 to 18 and 23 to 25D;\n(c) the provisions of Parts 2A and 3;\n(d) sections 37, 45 and 47;\n(e) the provisions of Part 5A;\n(f) sections 60B, 101 to 102, 102AA, 103, 104, 106, 108, 109,\n111, 113, 116, 117, 119(c)(ia) and 138;\n(g) the provisions of Schedule 4;\n(h) a provision of the Regulations prescribed by regulation.\nNote for section 5A\nIn a provision specified in subsection (2), a reference to a motor vehicle includes\na trailer at any time attached to the vehicle due to the definition motor vehicle in\nsection 5(1).\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act to Crown","content":"6 Application of Act to Crown\nExcept where otherwise expressly prescribed, this Act shall bind\nthe Crown and all persons in the service of the Crown:\nProvided that the provisions of this Act in relation to the registration\nof motor vehicles and trailers and the provision of labels shall not\napply to motor vehicles or trailers the property of the\nCommonwealth or of any authority under the Commonwealth.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Registrar, Deputy Registrar and other officers","content":"7 Registrar, Deputy Registrar and other officers\n(1) The Minister may appoint a person to be the Registrar of Motor\nVehicles.\n(2) Subject to the directions of the Minister, the Registrar may appoint\nsuch Deputy Registrars, inspectors and other officers as the\nRegistrar considers necessary for carrying out this Act.\n(4) Subject to the directions of the Minister, a Deputy Registrar has the\npowers and functions of the Registrar that the Registrar determines.\n\nMotor Vehicles Act 1949 12\n","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Delegation","content":"7A Delegation\n(1) The Minister may, by instrument in writing, delegate to a person any\nof his powers and functions under this Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall for the purpose of this Act, be\ndeemed to have been exercised or performed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n","sortOrder":9},{"sectionNumber":"7B","sectionType":"section","heading":"Approvals","content":"7B Approvals\n(1) The Minister may, in writing, approve devices, methods and other\nmatters for the purposes of this Act.\n(2) The Registrar may, in writing, approve forms, devices, vehicles,\npersons, matters and things for the purposes of this Act.\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration of, and licences to drive, motor","content":"Part 2 Registration of, and licences to drive, motor\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Registration of motor vehicles and trailers","content":"8 Registration of motor vehicles and trailers\nSubject to this Act, the Registrar:\n(a) must register, and from time to time renew the registration of,\na motor vehicle or trailer in respect of which the requirements\nof Schedule 4 and the Standards are complied with; and\n(b) may register, and from time to time renew the registration of, a\nmotor vehicle or trailer on such conditions as the Registrar\nthinks fit.\n","sortOrder":12},{"sectionNumber":"8A","sectionType":"section","heading":"Registrar may grant exemption","content":"8A Registrar may grant exemption\n(1) The Registrar may exempt a visiting vehicle from the requirement\nfor registration for a period if the Registrar is satisfied the visiting\nvehicle would be registered if it was presented for registration.\n(2) The Registrar shall not grant an exemption under subsection (1):\n(a) for a period that exceeds the remainder of the period for which\nthe vehicle is then currently registered in the place in which it\nis registered; or\n\nMotor Vehicles Act 1949 13\n(b) unless satisfied that:\n(i) there has been paid the relevant amount of\ncompensation contribution in respect of the vehicle as\nspecified in a notice made in pursuance of section 47; or\n(ii) there is in force in respect of the vehicle a policy of\ninsurance complying with the provisions of a law in force\nin a State or another Territory of the Commonwealth\nrequiring the owner or driver of the vehicle to be insured\nagainst liability in respect of the death of or bodily injury\nto a person caused by or arising out of the use of the\n(3) Subject to this Act, the Registrar may, in his discretion, if he is\nsatisfied that a person is temporarily in the Territory,\nnotwithstanding that he is a resident of the Territory within the\nmeaning, and for the purposes, of the Act, exempt that person from\nthe requirement to be licensed for a period.\n(4) The Registrar shall not grant an exemption under subsection (3):\n(a) unless the person is the holder of a licence to drive a motor\nvehicle granted in the place in which he normally resides; or\n(b) for a period that exceeds the remainder of the period for which\nthe person is licensed to drive a motor vehicle under that\n(5) The Registrar may exempt a resident of the Territory from holding a\nlicence for a specified period if:\n(a) the person holds a licence to drive a vehicle fitted with an AIL\n(whether or not an approved AIL) under the law of another\njurisdiction (whether or not in Australia); and\n(b) that licence has effect during that period.\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Learner licence","content":"9 Learner licence\n(1) A learner licence permits the holder of the licence to learn to drive a\nvehicle of a class specified in the licence.\n(2) A learner licence is valid for 2 years from the date of grant.\n(3) An application for a learner licence must be accompanied by the\nprescribed fee.\n\nMotor Vehicles Act 1949 14\n(4) The Registrar may grant a learner licence to an applicant who has\nattained the age of 16 years and who satisfies the Registrar he or\nshe understands the laws in force relating to the regulation of road\ntraffic.\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Granting of licences","content":"10 Granting of licences\n(1) The Registrar may, on application by a person, grant the person a\nlicence to drive a motor vehicle (other than a commercial passenger\nvehicle, heavy vehicle or AIL vehicle) of the class specified in the\nlicence if:\n(a) the person has previously held, in the Territory or elsewhere, a\nlicence to drive that class of vehicle; or\n(b) the person is the holder of a learner licence and the person\nsatisfies the Registrar that the person:\n(i) is capable of driving a motor vehicle of that class with\nsafety to the public; and\n(ii) is able to understand the notices, signs and devices in\nuse from time to time for the regulation of road traffic.\n(1A) If the learner licence was granted after the commencement of this\nsection, the Registrar must not grant the licence under\nsubsection (1) unless the person has held the learner licence for a\ncontinuous period of not less than 6 months immediately before the\ngrant.\n(1B) The Registrar may, from time to time, renew a licence granted\nunder subsection (1).\n(2) The Registrar may grant a licence to drive a commercial passenger\nvehicle of the class specified in the licence to a person who\nsatisfies the Registrar that the person is not less than 18 years and\n6 months of age, is capable of driving a commercial passenger\nvehicle of that class with safety to the public and, except where the\nRegistrar otherwise approves, is able to read and write the English\nlanguage, and the Registrar may renew that licence from time to\ntime.\n(2A) The Registrar may grant a licence to drive a heavy vehicle of the\nclass specified in the licence to a person who satisfies him that he\nhas attained the age of 17 years and 6 months, is capable of driving\na motor vehicle of that class with safety to the public and has held a\nlicence to drive a motor vehicle, not being a motor cycle, for not\nless than 12 months.\n\nMotor Vehicles Act 1949 15\n(4) The Registrar shall not grant a licence or a renewal of a licence to\ndrive a motor vehicle of a class specified in subsection (2) to a\nperson who is the holder of a licence to drive that is provisional\nunder section 10A or to a person who has not held for a period of,\nor for periods totalling, not less than 12 months, a licence or other\nauthority (not being a learner licence) to drive a motor vehicle other\nthan a motor cycle, issued under this Act or under the law of a State\nor Territory or of another country.\n(4A) The Registrar may, on the application of a person, grant the person\na licence (AIL licence) to drive a vehicle (AIL vehicle) that is:\n(a) not a commercial passenger vehicle; and\n(b) fitted with an approved AIL; and\n(c) of a class specified in the licence.\n(4B) The Registrar may do so only if:\n(a) the person is disqualified from obtaining a licence because of\nsection 21(3)(b)(ii), 22(3)(b)(ii), 24(5)(b)(ii), 25(6A)(a)(ii)\nor (b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) or 29AAH(3)(b)(ii)\nof the Traffic Act 1987; and\n(b) within 5 years immediately before the person applies for the\nAIL licence, the person held a licence to drive a motor vehicle\n(previous licence) that:\n(i) was granted in the Territory or another jurisdiction\n(whether or not in Australia); but\n(ii) was not a learner licence or its equivalent in another\njurisdiction; and\n(c) the Registrar is satisfied this Act does not prevent the\nRegistrar from granting the AIL licence.\nNote\nThe Registrar may refuse to grant the licence because of section 102 or 102AA.\n(4C) The AIL licence:\n(a) must relate to the same class of vehicle to which the previous\nlicence relates; and\n(b) is subject to the same conditions of the previous licence and\nother conditions relating to the AIL prescribed by regulation\n(such as conditions relating to approved suppliers); and\n\nMotor Vehicles Act 1949 16\n(c) has effect from the granting of the licence to the end of the AIL\nperiod; and\n(d) cannot be renewed.\n(4D) However, if 1 or more suspension periods apply to the person\nunder suspension notices issued during the mandatory period or\nAIL period (whether or not before the granting of the AIL licence):\n(a) for a notice issued before or when the licence is granted – the\nlicence may take effect only after the end of the suspension\nperiod to which it relates; and\n(b) for a notice issued after the licence is granted – the licence is\nsuspended during the suspension period to which it relates;\nand\n(c) the licence has effect until the end of a period that:\n(i) immediately follows the AIL period; and\n(ii) is equal to the total of the suspension periods covered\nby paragraphs (a) and (b).\nExample\nIf the person is subject to a suspension period of 3 months, the AIL licence\nceases to have effect 3 months after the AIL period.\n(4E) For this section, the Registrar may, by Gazette notice approve:\n(a) an AIL; and\n(b) a supplier of an AIL or of services relating to an AIL.\n(5) A licence granted under this section shall not be transferable.\n(7) Before granting a licence to drive a motor vehicle to a person, the\nRegistrar may, subject to section 62(2A) of the Fines and Penalties\n(Recovery) Act 2001, test, or arrange for an approved person to\ntest, whether the person is capable of driving a motor vehicle of the\nparticular class in relation to which the licence is sought.\nNote for subsection (7)\nRecovery Unit may determine that the Registrar is to cease to test a person for\nthe purpose of issuing a licence to drive.\n\nMotor Vehicles Act 1949 17\n10AA Requirement to have photograph\n(1) The Registrar may require an applicant for a licence or a renewal of\na licence under section 10 to:\n(a) provide a recent photograph of himself of an approved type\nand size; or\n(b) be photographed by an officer.\n(2) Notwithstanding that an applicant for a licence or a renewal of a\nlicence provides a photograph of himself in accordance with\nsubsection (1)(a), the Registrar may, if he considers the photograph\nto be unsuitable or the appearance of the applicant has\nsubstantially changed to that in the photograph, require the\napplicant to provide another photograph of an approved type and\nsize or to be photographed by an officer.\n(3) The Registrar may exempt a person from complying with this\nsection.\n10AB Power of Registrar\nWhere an applicant for a licence or the renewal of a licence\nprovides a photograph of himself or is photographed, in accordance\nwith section 10AA, the Registrar shall, if he grants the applicant a\nlicence or renews the licence, attach to or include in the licence the\nphotograph of the applicant.\n10AC Offence in respect of photograph\nA person shall not:\n(a) refuse to comply with a direction given by the Registrar; or\n(b) provide a photograph other than of himself,\nunder section 10AA.\n","sortOrder":15},{"sectionNumber":"10A","sectionType":"section","heading":"Provisional period of licence","content":"10A Provisional period of licence\n(1) If a person:\n(a) applies for a licence under section 10; and\n(b) has not held, continuously for the relevant period, a licence to\ndrive a motor vehicle;\na licence granted to the person by the Registrar under that section\nis provisional only until the end of the relevant period.\n\nMotor Vehicles Act 1949 18\n(2) The relevant period is as follows:\n(a) if the person, at the beginning of the relevant period, is below\nthe age of 25 years – 2 years;\n(b) if the person, at the beginning of the relevant period, is\n25 years of age or older – 12 months.\nNote\nSubsections (1) and (2) apply in relation to a licence granted after the\ncommencement of this section. A licence granted under section 10 before the\ncommencement of this section is provisional for the period that applied at the\ntime of grant.\n(3) The relevant period can be comprised of any of the following:\n(a) a period of holding a licence in the Territory;\n(b) a period of holding a licence in another jurisdiction;\n(c) a continuous series of periods mentioned in paragraphs (a)\nand (b).\n(4) If, while a licence is provisional, the licence is suspended, the\nprovisional period is extended by the period for which the licence\nwas suspended.\n(5) If, while a licence is provisional, the licence is cancelled and (after\nany disqualification period) the former holder of the licence applies\nfor a new licence, the new licence is provisional for the relevant\nperiod (to be determined according to the person's age at the time\nof grant of the new licence).\n(6) In this section:\nlicence does not include a learner licence or the equivalent in\nanother jurisdiction.\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Physical or mental incapacity or unfitness to hold licence","content":"11 Physical or mental incapacity or unfitness to hold licence\n(1) In this section a reference to a person who is licensed to drive a\nmotor vehicle includes a reference to a person who is licensed to\ndrive a motor vehicle under a law of another country, a State or\nanother Territory of the Commonwealth.\n(1A) A registered person is:\n(a) a medical practitioner; or\n\nMotor Vehicles Act 1949 19\n(b) a person registered under the Health Practitioner Regulation\nNational Law (other than as a student) to practise in the\noccupational therapy, optometry or physiotherapy profession.\n(2) If the Registrar considers an applicant for, or the holder of, a licence\nto drive a motor vehicle (including a learner licence) may be:\n(a) physically or mentally incapable of driving a motor vehicle with\nsafety to the public; or\n(b) otherwise physically or mentally unfit to be licensed;\nthe Registrar may require the person to be medically examined by a\nregistered person approved by the Registrar.\n(3) If a person who is licensed to drive a motor vehicle is suffering from\na physical or mental incapacity that may affect the person's ability\nto drive a motor vehicle with safety to the public, the person, or the\nperson's personal representative, must notify the Registrar of the\nnature of the incapacity or unfitness.\n(4) If a registered person reasonably believes that a person the\nregistered person has examined:\n(a) is licensed to drive a motor vehicle; and\n(b) is physically or mentally incapable of driving a motor vehicle\nwith safety to the public or is physically or mentally unfit to be\nlicensed,\nthe registered person must notify the Registrar in writing of the\nperson's name and address and the nature of the incapacity or\nunfitness.\n(5) A registered person who provides information or advice to the\nRegistrar in good faith under this section is not civilly or criminally\nliable, or in breach of any professional code of conduct, for\nproviding the information or advice.\n11AA Inquiries about fitness to hold commercial passenger vehicle\nlicence\n(1) The Registrar may make inquiries about a person for deciding\nwhether the person is fit and proper to hold, or continue to hold, a\nlicence to drive a commercial passenger vehicle.\n(2) For subsection (1), the Registrar may request the Commissioner of\nPolice to provide the Registrar with the following:\n(a) a written report of the criminal history for the person;\n\nMotor Vehicles Act 1949 20\n(b) other evidence in relation to the character of the person.\n(3) Subject to other laws in force in the Territory, the Commissioner of\nPolice must comply with the request.\n(4) For subsection (2)(a), the criminal history of a person is that which\nis:\n(a) in the possession of the Commissioner of Police; or\n(b) ordinarily accessible to the Commissioner through\narrangements with the police service of another jurisdiction,\nincluding a jurisdiction outside Australia.\n","sortOrder":17},{"sectionNumber":"11A","sectionType":"section","heading":"Licence for person with disability","content":"11A Licence for person with disability\n(1) This section applies in relation to an applicant for a licence, or for\nrenewal of a licence, who is a person with a physical disability.\n(2) The Registrar may issue the licence to the applicant on the\nconditions the Registrar thinks appropriate.\n(3) Without limiting subsection (2), a condition may provide that the\napplicant may only drive:\n(a) a specified kind of motor vehicle; or\n(b) a motor vehicle specially constructed or adapted for the\napplicant's use.\n(4) If the Registrar issues a licence under subsection (2), the Registrar\nmay, by endorsement on the licence, exempt from this Act or the\nTraffic Act 1987, or from specified provisions of this Act or the\nTraffic Act 1987:\n(a) the applicant; or\n(b) a motor vehicle, or a class of motor vehicle, while it is being\ndriven by the applicant in accordance with the licence.\n13 Fees\n(1) Prior to the registration or the renewal of registration of any motor\nvehicle, or the grant or renewal of a licence under section 10\npayment shall be made of the prescribed fees.\n(1B) Prior to a test being conducted for the purposes of section 10(7),\npayment shall be made of the prescribed fee.\n\nMotor Vehicles Act 1949 21\n(1C) Where a test is conducted by a person who is not an officer or\nemployee of the Public Service of Australia or an employee as\ndefined in the Public Sector Employment and Management\nAct 1993, the person may charge the prescribed fee for conducting\nthe test.\n(2) Where a motor vehicle is inspected prior to registration or renewal\nof registration by an inspector who is not an officer or employee of\nthe Public Service of Australia or an employee as defined in the\nPublic Sector Employment and Management Act 1993, the\ninspector may charge the prescribed fee for such an inspection.\n","sortOrder":18},{"sectionNumber":"13A","sectionType":"section","heading":"Motor vehicle, &c., deemed to be registered, &c.","content":"13A Motor vehicle, &c., deemed to be registered, &c.\n(a) a person applies, in accordance with this Act, to a Deputy\nRegistrar or other officer appointed for the purpose by the\nRegistrar for the registration or renewal of the registration of a\nmotor vehicle;\n(b) that person pays to the Deputy Registrar or other officer the\namount of the compensation contributions in respect of that\nmotor vehicle; and\n(c) that person pays to the Deputy Registrar or other officer the\nprescribed fee for registration or renewal of registration;\nthe Deputy Registrar or other officer shall, if he is satisfied that the\napplication will be or is likely to be granted by the Registrar, issue to\nthat person a certificate stating that the application has been made.\n(1A) Where a person:\n(a) applies, in accordance with this Act, to a Deputy Registrar or\nother officer appointed for the purpose by the Registrar for a\nlicence or renewal of a licence to drive a motor vehicle; and\n(b) pays to the Deputy Registrar or other officer such fees as are\npayable under this Act in respect of that application,\nthe Deputy Registrar or other officer shall, if he is satisfied that the\napplication will be or is likely to be granted by the Registrar, issue to\nthat person a certificate stating that the application has been made.\n(2) Where a certificate is issued under this section, the motor vehicle in\nrespect of which or the person in respect of whom the application is\nmade is deemed to be registered or licensed, as the case may be,\nin accordance with the terms of the application, until the Registrar,\nby notice served on the applicant, otherwise determines.\n\nMotor Vehicles Act 1949 22\n(3) The provisions of this Act, the Regulations, the Traffic Act 1987 and\nthe Traffic Regulations 1999 that relate to affixing or attaching\nregistration labels or number plates do not apply to a motor vehicle\nin respect of which a certificate has been issued under this section\nuntil the day after the day on which the owner of the motor vehicle\nreceives the registration label or number plates, as the case may\nbe, issued by the Registrar in respect of the motor vehicle.\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Form of registration certificate or licence","content":"14 Form of registration certificate or licence\n(1) Upon the first registration of a motor vehicle under this Act, the\nRegistrar shall grant to the owner of the motor vehicle a certificate\nof registration in accordance with the approved form.\n(2) Upon the renewal of the registration or upon any registration of a\nmotor vehicle subsequent to the first registration thereof, the\nRegistrar shall grant to the owner of the motor vehicle a certificate\nof registration in accordance with the approved form, with the word\n\"Renewal\" endorsed thereon in the case of a renewal of the\nregistration.\n(3) A licence to drive a motor vehicle (including a learner licence) must\nbe in an approved form.\n(5) A person to whom a licence to drive a motor vehicle has been\ngranted shall sign his name in the place set apart on the licence for\nthe signature of the licensee.\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Production of vehicle upon application for registration, &c.","content":"15 Production of vehicle upon application for registration, &c.\nWhere application is made for registration or the renewal of\nregistration of a motor vehicle, the vehicle shall be produced if\ndirected by the Registrar for examination or inspection by an\ninspector.\n","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Affixing of number plates","content":"16 Affixing of number plates\n(1) Subject to subsection (3), on being issued 2 number plates by the\nRegistrar, the owner of a registered motor vehicle, other than a\nmotor cycle, must securely affix one number plate to the attachment\nat the front, and the other to the attachment at the rear, of the motor\n(2) Subject to subsection (3), on being issued a number plate, the\nowner of a registered motor cycle or trailer must securely affix the\nnumber plate to the attachment at the rear of the motor cycle or\ntrailer.\n\nMotor Vehicles Act 1949 23\n(3) The Registrar may, in his discretion, upon such conditions as he\nsubsection (1) or (2).\n(4) The Registrar may:\n(a) in writing, determine the design, type and material of number\nplates for motor vehicles and trailers; and\n(b) subject to section 62(2A) of the Fines and Penalties\n(Recovery) Act 2001, issue number plates for motor vehicles\nand trailers.\nNote for subsection (4)(b)\nRecovery Unit may determine that the Registrar is to cease to issue number\nplates to a person.\n(5) In this section:\nattachment means an attachment for affixing a number plate that is\nrequired to be affixed to a motor vehicle or trailer under the\nStandards or Schedule 4, clause 3.\n","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Defaced or damaged number plate","content":"17 Defaced or damaged number plate\n(1) If the number on a number plate becomes so defaced or damaged\nthat it is not clearly legible, the owner of the motor vehicle or trailer\nto which the number plate is affixed must, within 14 days of the\ndefacement or damage occurring, notify the Registrar.\n(2) The Registrar must, on payment by the owner of the prescribed fee\nin respect of the defaced or damaged number plate, issue to the\nowner:\n(a) if the plate was affixed to a motor vehicle, other than a motor\ncycle – 2 new number plates; or\n(b) otherwise – a new number plate.\n(3) On receipt of the new number plate or plates, the owner must\nimmediately:\n(a) affix the plate or plates to the motor vehicle or trailer in\naccordance with section 16; and\n(b) return to the Registrar the number plate or plates previously\naffixed to the motor vehicle or trailer.\n\nMotor Vehicles Act 1949 24\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Loss or destruction of number plate","content":"18 Loss or destruction of number plate\n(1) If a number plate has been lost or destroyed, the owner of the\nmotor vehicle or trailer to which it was affixed must, within 14 days\nafter the loss or destruction, forward to the Registrar a statutory\ndeclaration of the loss or destruction.\n(2) On payment by the owner of the prescribed fee, the Registrar must,\nif the motor vehicle or trailer has not also been lost or destroyed\nand the Registrar has no reason to believe that improper use has\nbeen or is being made of the number plate, issue to the owner:\n(a) if the plate was affixed to a motor vehicle, other than a motor\ncycle – 2 new number plates; or\n(b) otherwise – a new number plate.\n(3) On receipt of the new number plate or plates, the owner must\nimmediately:\n(a) affix the plate or plates to the motor vehicle or trailer in\naccordance with section 16; and\n(b) return to the Registrar any number plate that was not lost or\ndestroyed.\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Use of number plates restricted","content":"19 Use of number plates restricted\nExcept as provided by section 22 or by the Commercial Passenger\n(Road) Transport Act 1991 in relation to number plates issued for\ntaxis and substitute taxis:\n(a) the owner of a motor vehicle shall not transfer, or suffer to be\ntransferred, a number plate issued for that vehicle, to another\nmotor vehicle; and\n(b) a person shall not drive a motor vehicle having upon it a\nnumber plate other than that which was issued for that motor\n","sortOrder":25},{"sectionNumber":"19A","sectionType":"section","heading":"Destruction of registered motor vehicle","content":"19A Destruction of registered motor vehicle\n(1) If a registered motor vehicle is destroyed, whether by accident or\notherwise, the owner must deliver to the Registrar a notice of\ndestruction not later than 14 days after:\n(a) the date on which the motor vehicle is declared to be a total\nloss under a contract of insurance; or\n\nMotor Vehicles Act 1949 25\n(b) if the owner is not making a claim under a contract of\ninsurance in respect of the destruction – the date on which the\nmotor vehicle was destroyed.\n(2) The notice is to be in the approved form and signed by the owner.\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Sale or disposal of registered motor vehicle","content":"20 Sale or disposal of registered motor vehicle\n(1) Where a registered motor vehicle is sold or disposed of, the former\nowner must, within 14 days after the sale or disposal:\n(a) deliver to the Registrar a notice of disposal, in the approved\nform, signed by both the former owner and the new owner, if\nany, and showing:\n(i) the full name, address and date of birth of the new\nowner, if any;\n(ii) the date of the sale or disposal of the vehicle; and\n(iii) the price paid for the vehicle;\n(b) where the former owner was not the true owner of the vehicle,\nprovide the Registrar with the written authority of the true\nowner or of his or her duly authorised agent for the sale and\ndisposal of the vehicle; and\n(c) provide the new owner of the vehicle with a transfer\napplication form signed by the former owner in the place for\nthe former owner's signature.\n(2) Subject to section 21A, the new owner must, within 14 days of the\nsale or disposal, apply, in the approved form, to the Registrar to\ntransfer the registration of the motor vehicle to the new owner.\n(3) If the Registrar approves the transfer, the Registrar is, on payment\nof the prescribed fee, to issue to the new owner a certificate of\nregistration in respect of the vehicle.\n(4) The registration of a motor vehicle must not be transferred in any\ncase where the Registrar is in receipt of a notice in writing from the\ntrue owner notifying that he or she does not authorise the sale or\ndisposal.\n(5) For the purposes of this section, a registered motor vehicle is\ndeemed to be disposed of by the owner if it is repossessed in\npursuance of a hire-purchase agreement or any other agreement\nentered into for the purpose of providing finance in respect of the\nvehicle, and the person repossessing the vehicle must comply with\nthis section as if the person was the person to whom the vehicle\n\nMotor Vehicles Act 1949 26\nwas disposed of.\n(6) This section applies to a motor vehicle the registration of which is\nsuspended under section 61(2) of the Fines and Penalties\n(Recovery) Act 2001 even though the vehicle is taken to be\nunregistered under section 61(4) of that Act during the period of the\nsuspension.\n(7) This section does not apply to a registered motor vehicle to which\nsection 20A applies.\n","sortOrder":27},{"sectionNumber":"20A","sectionType":"section","heading":"Sale of uncollected or abandoned registered motor vehicle","content":"20A Sale of uncollected or abandoned registered motor vehicle\n(1) If a registered motor vehicle is sold under Part 2 of the Uncollected\nGoods Act 2004 or as an abandoned vehicle in accordance with\nregulations under the Traffic Act 1987, the receiver or competent\nauthority must, within 14 days after the sale, deliver to the\nRegistrar:\n(a) a notice of disposal in the form of a statutory declaration; and\n(b) a copy of the receipt provided to the purchaser under\nsection 30 of that Act.\n(2) Subject to section 21A, the purchaser must, within 14 days after the\nsale, apply, in the form of a statutory declaration, to the Registrar to\ntransfer the registration of the motor vehicle to the purchaser.\n(3) If satisfied the vehicle has been sold in accordance with Part 2 of\nthe Uncollected Goods Act 2004 or as an abandoned vehicle in\naccordance with the regulations under the Traffic Act 1987, the\nRegistrar must, on payment of the prescribed fee, transfer the\nregistration of the motor vehicle to the purchaser.\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Liability of new owner","content":"21 Liability of new owner\nNotwithstanding any other provision of this Act to the contrary,\nwhere a record of the details of a notice of disposal delivered to the\nRegistrar is made at the office of the Registrar, the new owner of\nthe motor vehicle to which the notice of disposal relates is, on the\nmaking of the record, liable as if the owner of the motor vehicle for\nany breach of this Act, the Traffic Act 1987 or the Traffic\nRegulations 1999.\n","sortOrder":29},{"sectionNumber":"21A","sectionType":"section","heading":"Refund where new owner registers vehicle outside Territory","content":"21A Refund where new owner registers vehicle outside Territory\n(1) Where a registered motor vehicle is sold or disposed of and the\nnew owner wishes to register the vehicle in a State or another\nTerritory of the Commonwealth, the new owner is not required to\napply to the Registrar to transfer the registration of the motor\n\nMotor Vehicles Act 1949 27\nvehicle to him or her under section 20, but if the new owner does\nnot do so he or she, within 14 days after the sale or disposal of the\nvehicle, or such longer period approved by the Registrar:\n(a) must surrender each number plate issued in connection with\nthe registration of the motor vehicle in the Territory to the\nperson or body responsible for the registration of motor\nvehicles in the State or other Territory; and\n(b) may apply to the Registrar for a refund in respect of the\nunexpired registration of the vehicle.\n(2) Where the Registrar receives and application for a refund under\nsubsection (1), the Registrar is, on confirming the surrender of the\nnumber plates, to refund to the new owner the portion of the fee\npaid in respect of the registration of the vehicle that relates to the\nremainder of the period for which the vehicle is registered in the\nTerritory.\n","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Transfer of number plates","content":"22 Transfer of number plates\n(1) Where the owner of a registered motor vehicle, who sells or\ndisposes of the motor vehicle before the expiry of the registration\nthereof, is desirous of transferring the number plates to another\nmotor vehicle of the same class to be registered by him in lieu of\nthat motor vehicle, he shall, after the sale or disposal of the first-\nmentioned motor vehicle within such time as the Registrar allows,\napply for registration of the other motor vehicle.\n(2) Where a number plate is transferred from or to a commercial\npassenger vehicle, the Registrar shall advise the Director (within\nthe meaning of the Commercial Passenger (Road) Transport\nAct 1991) of that fact and provide details of the vehicles affected.\n","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Sales of motor vehicles or trailers on behalf of other persons","content":"23 Sales of motor vehicles or trailers on behalf of other persons\n(1) Any person who, not being a trader, sells or otherwise disposes of\nany motor vehicle or trailer on behalf of any other person must\nwithin 14 days forward to the Registrar a notice, in writing, of the\nsale or disposal setting out:\n(a) particulars of the type of body, make, engine number and\nvehicle identification number of the vehicle or trailer; and\n(b) the full names and addresses of the owner of the vehicle or\ntrailer, the person on whose behalf the vehicle or trailer was\nsold or disposed of and the person to whom the vehicle or\ntrailer was sold or disposed; and\n(c) the date of the sale or disposal; and\n\nMotor Vehicles Act 1949 28\n(d) the number appearing on the number plates, if any, issued in\nrespect of the vehicle or trailer.\n(2) This section shall not impair any obligation or liability imposed on\nany person by any other provision of this Act.\n","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Alteration in description of motor vehicle or trailer","content":"24 Alteration in description of motor vehicle or trailer\n(1) Subject to subsection (3), where any alteration, affecting the\naccuracy of any particulars of the description in the certificate of\nregistration of a motor vehicle or trailer, is made to that vehicle or\ntrailer, the owner shall, within 14 days after the completion of the\nalteration, produce the motor vehicle or trailer, as the case may be,\nfor inspection at the office of the Registrar and return to the\nRegistrar for amendment the certificate of registration.\n(2) Subject to section 25, the Registrar shall, without fee, note the\nalterations on the certificate and return it to the owner.\n(3) Where it is intended to make an alteration to a vehicle that shall\nalter the configuration in which it is registered or which is specified\non a permit issued under section 107B in relation to the vehicle:\n(a) subsection (1) does not apply; and\n(b) the owner or driver of the vehicle shall, at the time of applying\nfor an amendment to the registration under section 107A or\nthe issue of a permit under section 107B or such other time as\nthe Registrar approves, present the vehicle for inspection and\nreturn the certificate of registration and permit, if any, to the\nRegistrar for amendment or replacement.\n","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Registration of altered motor vehicle or trailer","content":"25 Registration of altered motor vehicle or trailer\n(1) Subject to subsection (3), where any alteration is made in the\nconstruction, equipment or use of a motor vehicle or trailer by\nreason of which it is adapted for a purpose other than that for which\nit is registered, the owner shall, within 14 days after the completion\nof the alteration, produce the motor vehicle or trailer, as the case\nmay be, for inspection at the office of the Registrar.\n(2) If the Registrar is of the opinion that by reason of the alteration the\nmotor vehicle or trailer is adapted for such other purpose, he may\nrequire the owner to register the altered motor vehicle or trailer, as\nthe case may be, forthwith, and, until it is registered as required, it\nshall be deemed to be an unregistered motor vehicle or trailer.\n(3) Where it is intended to make an alteration to the construction,\nequipment or use of a vehicle by reason of which it is adapted for a\npurpose other than that for which it is registered and that shall alter\n\nMotor Vehicles Act 1949 29\nthe configuration in which it is registered or which is specified on a\npermit issued under section 107B in relation to the vehicle:\n(a) subsections (1) and (2) do not apply; and\n(b) the owner or driver of the vehicle shall, at the time of applying\nfor an amendment to the registration under section 107A or\nthe issue of a permit under section 107B or such other time as\nthe Registrar approves, present the vehicle for inspection and\nreturn the certificate of registration and permit, if any, to the\nRegistrar for amendment or replacement.\n","sortOrder":34},{"sectionNumber":"25A","sectionType":"section","heading":"Person who teaches for fee, &c., to be approved","content":"25A Person who teaches for fee, &c., to be approved\nA person shall not, except as provided in the Regulations, for fee,\nreward, salary, wages or other remuneration or consideration, teach\nanother person to drive a motor vehicle unless that person is\napproved under section 25B as a driving instructor in respect of that\nclass of motor vehicle.\n","sortOrder":35},{"sectionNumber":"25B","sectionType":"section","heading":"Driving instructors","content":"25B Driving instructors\n(1) A person who is the holder of a licence to drive a motor vehicle may\napply to the Registrar, in an approved form, to become a driving\ninstructor in respect of a class of motor vehicle or classes of motor\nvehicles.\n(2) The Registrar, on receiving an application under subsection (1),\nmay approve or refuse to approve the application.\n(3) The Registrar shall not approve an application under subsection (2)\nunless satisfied that the applicant:\n(a) is of good character;\n(b) is proficient as a driving instructor in respect of the class of\nmotor vehicle or classes of motor vehicles to which the\napplication relates;\n(c) is the holder of a licence to drive a motor vehicle of the class\nof motor vehicle or classes of motor vehicles to which the\napplication relates; and\n(d) has held a licence to drive a motor vehicle, whether in the\nTerritory or elsewhere, for a continuous period of not less than\n3 years immediately preceding the date of the application or\nhas experience in driving a motor vehicle, which, in the\nopinion of the Registrar, is equivalent to that which the\napplicant would have gained had the applicant held a licence\nfor that continuous period.\n\nMotor Vehicles Act 1949 30\n(4) On approving an application under subsection (2) the Registrar\nshall endorse the applicant's licence to drive a motor vehicle in the\napproved manner in respect of the class of motor vehicle or classes\nof motor vehicles to which the approval relates.\n","sortOrder":36},{"sectionNumber":"25C","sectionType":"section","heading":"Approval may be subject to conditions, &c.","content":"25C Approval may be subject to conditions, &c.\n(1) An approval under section 25B may be subject to such conditions,\nrestrictions or limitations as the Registrar thinks fit.\n(2) Where an approval under section 25B is, in accordance with\nsubsection (1), subject to a condition, restriction or limitation, the\nRegistrar shall:\n(a) notify the applicant of the condition, restriction or limitation;\nand\n(b) endorse, in the approved manner, the applicant's licence to\ndrive a motor vehicle.\n(3) A person approved under section 25B shall not contravene or fail to\ncomply with a condition, restriction or limitation to which the\nperson's approval is subject.\n","sortOrder":37},{"sectionNumber":"25D","sectionType":"section","heading":"Duration of approval","content":"25D Duration of approval\nAn approval of a person under section 25B shall remain in force,\nunless revoked or suspended in accordance with this Act, while the\nperson's licence to drive a motor vehicle, and any renewal of that\nlicence, remains in force.\n","sortOrder":38},{"sectionNumber":"25E","sectionType":"section","heading":"Examination to determine fitness","content":"25E Examination to determine fitness\n(1) The Registrar may require:\n(a) an applicant under section 25B(1); or\n(b) at such times as may be prescribed, a person approved under\nsection 25B(2),\nto undergo:\n(c) an approved test or examination, or both, to determine the\nproficiency of the applicant or person as a driving instructor; or\n(d) a medical examination by a medical practitioner to determine\nthat the applicant or person is in a fit state of health to be a\ndriving instructor.\n\nMotor Vehicles Act 1949 31\n(2) A person required to undergo a test or examination under\nsubsection (1)(c) shall, before undergoing the test or examination,\npay to the Registrar the prescribed fee.\n","sortOrder":39},{"sectionNumber":"25F","sectionType":"section","heading":"Revocation or suspension of approval","content":"25F Revocation or suspension of approval\n(1) The Registrar may revoke, or suspend for such period as the\nRegistrar thinks fit, the approval of a person under section 25B\nwhere the Registrar is satisfied that the person:\n(a) is no longer proficient as a driving instructor;\n(b) has been guilty of conduct making the person unfit to be a\ndriving instructor; or\n(c) has failed, when required by the Registrar under section 25E,\nto undergo a test or examination at a time prescribed for the\npurposes of that section.\n(2) For the purposes of subsection (1) and without limiting the\ngenerality of that subsection, a person is no longer proficient as a\ndriving instructor if the person fails a test or examination referred to\nin section 25E.\n","sortOrder":40},{"sectionNumber":"25G","sectionType":"section","heading":"Appeals against refusals, revocations, suspensions, &c.","content":"25G Appeals against refusals, revocations, suspensions, &c.\n(1) A person aggrieved by a decision of the Registrar under\nsection 25B or 25F, or under section 25C imposing a condition,\nrestriction or limitation on an approval, may, on giving to the\nRegistrar not less than 14 days notice, appeal to the Local Court\nagainst the decision.\n(2) The decision of the Local Court hearing an appeal under\nsubsection (1) shall be final and conclusive and shall be given\neffect to by the Registrar.\n","sortOrder":41},{"sectionNumber":"25H","sectionType":"section","heading":"Nature of appeal","content":"25H Nature of appeal\nA Local Court hearing an appeal under section 25G shall:\n(a) re-determine the matter;\n(b) hear relevant evidence tendered, whether by the appellant or\nthe Registrar; and\n(c) without limiting the generality of its discretion, take into\nconsideration all matters which the Registrar ought to have\ntaken into consideration in determining the matter.\n\nMotor Vehicles Act 1949 32\n","sortOrder":42},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Special provisions for licence disqualifications","content":"Part 2A Special provisions for licence disqualifications\nfor offenders under community orders\n","sortOrder":43},{"sectionNumber":"25J","sectionType":"section","heading":"Definitions","content":"25J Definitions\ncommunity order means:\n(a) a community correction order or intensive community\ncorrection order made under the Sentencing Act 1995; or\n(b) a community based order or community custody order made\nunder the Sentencing Act 1995 as in force before the\ncommencement of Part 2 of the Sentencing and Other\nLegislation Amendment Act 2022.\ndriving program, for a community order, means a prescribed\nprogram as defined in section 3(1) of the Sentencing Act 1995 that\nrequires the offender for whom the order is made to undertake a\nprogram relating to:\n(a) driving, including rehabilitation for drink or drug driving; or\n(b) road safety.\nlicence disqualification, for an offender, means a disqualification\napplying to the offender in relation to holding a licence or the\noffender's ability to apply for a licence or renewal of a licence.\nlicensed driver, for a class of motor vehicle, means a person who\nholds:\n(a) a licence to drive a motor vehicle of the class other than a\nlearner licence or licence that is provisional under section 10A;\nor\n(b) an equivalent licence granted in a State or another Territory.\noffender, see section 25K(1)(a).\npreviously licensed offender, see section 25L(1)(a).\nunlicensed offender, see section 25L(1)(b).\n\n","sortOrder":44},{"sectionNumber":"Div 2","sectionType":"division","heading":"Provision for orders for licence while community order in force","content":"Division 2 Provision for orders for licence while community order in force\nMotor Vehicles Act 1949 33\n","sortOrder":45},{"sectionNumber":"25K","sectionType":"section","heading":"Application of Part","content":"25K Application of Part\n(1) This Part applies if:\n(a) a person (the offender) has been found guilty of an offence\nagainst the Traffic Act 1987; and\n(b) because of the finding of guilt the offender incurs a licence\ndisqualification under the Traffic Act 1987; and\n(c) all of the offender's unexpired licence disqualifications total\nless than 5 years; and\n(d) a community order was made for the offender for the offence\n(regardless of whether the order was also made for another\noffence); and\n(e) the community order requires the offender to undertake a\ndriving program.\n(2) This Part applies despite a provision of the Traffic Act 1987 that\nprovides for:\n(a) the cancellation or suspension of the offender's licence; or\n(b) a licence disqualification applying to the offender.\nNote for subsection (2)\nIf a person is found guilty of an offence against Part V, Division 2 of the Traffic\nAct 1987, the person's licence to drive is automatically cancelled and the person\nis disqualified from obtaining a licence for certain periods. Also, under section 41\nof that Act, a court may disqualify a person from holding another licence for a\nperiod fixed by it.\nDivision 2 Provision for orders for licence while community\norder in force\n","sortOrder":46},{"sectionNumber":"25L","sectionType":"section","heading":"Application for court order for licence","content":"25L Application for court order for licence\n(1) To permit the offender to undertake practical training as part of the\ndriving program under the community order, the offender may apply\nfor a court order that the Registrar:\n(a) if the offender held, in the Territory or elsewhere, a licence to\ndrive a motor vehicle when the offender's licence\ndisqualification mentioned in section 25K(1)(b) took effect (a\npreviously licensed offender) – grant the offender a licence\nto drive a motor vehicle of a stated class while the community\norder is in force; or\n\nDivision 2 Provision for orders for licence while community order in force\nMotor Vehicles Act 1949 34\n(b) if the offender did not hold, in the Territory or elsewhere, a\nlicence to drive a motor vehicle when the offender's licence\ndisqualification mentioned in section 25K(1)(b) took effect (an\nunlicensed offender) – accept and deal with an application\nby the offender for a learner licence to drive a motor vehicle of\na stated class while the community order is in force.\n(2) However, the application cannot be made for a licence to drive a\ncommercial passenger vehicle or motor cycle.\n(3) The application must be made to the court that made the\ncommunity order for the offender.\n(4) The registrar of the court must immediately give written notice of\nthe application to the Commissioner of Correctional Services.\n","sortOrder":47},{"sectionNumber":"25M","sectionType":"section","heading":"Decision on application","content":"25M Decision on application\nThe court may make the order sought only if satisfied it is\nappropriate in the circumstances to make the order for the offender.\nNote for section 25M\nFor provisions about the revocation of the order and the effects of its revocation,\nsee sections 39B and 48G of the Sentencing Act 1995.\n","sortOrder":48},{"sectionNumber":"25N","sectionType":"section","heading":"Effect of order – previously licensed offender","content":"25N Effect of order – previously licensed offender\n(1) This section applies if:\n(a) the offender is a previously licensed offender; and\n(b) the court makes the order sought on the offender's\n(2) The Registrar must grant the offender a licence to drive a motor\nvehicle of the class stated in the order.\n(3) The licence is in force for the period the community order is in\nforce.\n(4) The licence is subject to the condition that the offender may drive a\nmotor vehicle of the stated class only while under the direct\nsupervision of a licensed driver for the class of motor vehicle:\n(a) for undertaking practical driver training as part of the driving\nprogram under the community order; and\n(b) after successfully completing the driving program, for\nundertaking further practical driver training during the\nremaining period the licence is in force.\n\nMotor Vehicles Act 1949 35\n","sortOrder":49},{"sectionNumber":"25P","sectionType":"section","heading":"Effect of order – unlicensed offender","content":"25P Effect of order – unlicensed offender\n(1) This section applies if:\n(a) the offender is an unlicensed offender; and\n(b) the court makes the order sought on the offender's\n(2) The Registrar must:\n(a) accept an application from the offender for a learner licence to\ndrive a motor vehicle of the class stated in the order; and\n(b) deal with the application under this Act.\nNote for subsection (2)(b)\nIn particular, sections 9, 102 and 102AA are relevant to the Registrar's dealing\nwith the application and to the grant of a licence.\n(3) If the Registrar grants a learner licence to the offender, the licence\nis in force for the period the community order is in force.\n(4) Subsection (3) applies despite section 9(2).\n(5) The learner licence is subject to the condition that the offender may\ndrive a motor vehicle of the stated class only while under the direct\nsupervision of a licensed driver for the class of motor vehicle:\n(a) for undertaking practical driver training as part of the driving\nprogram under the community order; and\n(b) after successfully completing the driving program, for\nundertaking further practical driver training during the\nremaining period the learner licence is in force.\n","sortOrder":50},{"sectionNumber":"Div 3","sectionType":"division","heading":"Provision for orders for licence application after","content":"Division 3 Provision for orders for licence application after\ncommunity order discharged\n","sortOrder":51},{"sectionNumber":"25Q","sectionType":"section","heading":"Application for court order for licence","content":"25Q Application for court order for licence\n(1) To permit the offender to obtain a licence to drive a motor vehicle\non the discharge of the community order, the offender may apply\nfor a court order that the Registrar accept and deal with an\napplication by the offender for a licence to drive a motor vehicle of a\nstated class.\n(2) The application must be made to the court that made the\ncommunity order for the offender.\n\nMotor Vehicles Act 1949 36\n(3) The registrar of the court must immediately give written notice of\nthe application to the Commissioner of Correctional Services.\n","sortOrder":52},{"sectionNumber":"25R","sectionType":"section","heading":"Decision on application","content":"25R Decision on application\n(1) The court may make the order sought only if:\n(a) satisfied it is appropriate in the circumstances to make the\norder for the offender; and\n(b) satisfied that the community order has ceased to be in force;\nand\n(c) a statement has been given to the court by the provider of the\ndriving program undertaken by the offender that the offender\nsuccessfully completed the program.\n(2) Without limiting subsection (1)(a), the court must have regard to the\nfollowing:\n(a) the type and seriousness of the offence for which the offender\nis disqualified from obtaining a licence;\n(b) the safety of the community, including matters relating to the\noffender's rehabilitation;\n(c) the offender's need for a licence to drive a motor vehicle of the\nclass stated in the application:\n(i) in the course of the offender's employment; or\n(ii) to get to the offender's place of employment;\n(d) the offender's employment prospects if the offender has a\nlicence to drive a motor vehicle of the class stated in the\n(3) However, if under Part V of the Traffic Act 1987, the offender is\ndisqualified from obtaining a licence other than an AIL licence, the\ncourt may make the order only in relation to an application for an\nAIL licence.\nNote for subsection (3)\nSection 10(4A) to (4D) deals with an application for an AIL licence.\n(4) In addition, if the offender is an unlicensed offender, the court may\nmake the order only in relation to an application for a learner\n\nMotor Vehicles Act 1949 37\n(5) Also, the court must refuse to make the order if, under\nsection 102AA, the Registrar would be required to refuse to grant\nan application by the offender for the licence.\nNote for section 25R\nFor provisions about the revocation of the order and the effects of its revocation,\nsee sections 39B and 48G of the Sentencing Act 1995.\n","sortOrder":53},{"sectionNumber":"25S","sectionType":"section","heading":"Effect of order","content":"25S Effect of order\n(1) If the court makes the order sought:\n(a) subject to subsection (2), all licence disqualifications applying\nto the offender cease to have effect; and\n(b) demerit points entered in the register against the offender's\nname for offences committed in the Territory cease to be\nactive demerit points for Part 3; and\n(c) the Registrar must:\n(i) subject to section 25T, accept an application from the\noffender for a licence to drive a motor vehicle of the\nclass stated in the order; and\n(ii) subject to subsections (3) to (5), deal with the application\nunder this Act.\nNote for subsection (1)(b)\nIf the order is revoked under section 39B(5) or 48G(5) of the Sentencing Act\n1995, the demerit points again become active demerit points under\nsection 39B(6)(c)(ii) or 48G(6)(c)(ii) of that Act.\nNote for subsection (1)(c)(ii)\nIn particular, sections 10, 102 and 102AA are relevant to the Registrar's dealing\nwith the application and to the grant of a licence.\n(2) A licence disqualification applying to the offender does not cease to\nhave effect to the extent it disqualifies the offender from holding a\nlicence, or applying for a licence or renewal of a licence, other than\nan AIL licence.\n(3) If the offender held a learner licence granted on an application\nmentioned in section 25P(2), the offender is, for section 9(4), taken\nto understand the laws in force relating to the regulation of road\ntraffic.\n\nMotor Vehicles Act 1949 38\n(4) Subsection (5) applies if:\n(a) the offender held a learner licence granted on an application\nmentioned in section 25P(2) (the former licence); and\n(b) the Registrar is satisfied that, after successfully completing the\ndriving program under the community order, the offender\nundertook further practical driver training during the remaining\nperiod the learner licence was in force; and\n(c) the Registrar grants a learner licence on an application made\nunder this section (the new licence); and\n(d) the former licence and new licence have effect for a\ncontinuous period.\n(5) The period the former licence had effect must be taken into account\nfor working out the continuous period mentioned in section 10(1A).\n","sortOrder":54},{"sectionNumber":"25T","sectionType":"section","heading":"Undertaking to be of good driving behaviour","content":"25T Undertaking to be of good driving behaviour\n(1) If the licence disqualification mentioned in section 25K(1)(b) applies\nto the offender because of a demerit points offence under Part 3,\nthe offender must lodge with the offender's application for a licence\nan undertaking to be of good driving behaviour for 1 year (the good\ndriving period).\n(2) The undertaking must be in the approved form.\n(3) If the Registrar grants a licence on the application, the good driving\nperiod starts on the day the licence starts.\n(4) If the offender incurs 2 or more demerit points during the good\ndriving period, the Registrar must serve on the offender a\nsuspension notice specifying a suspension period that is double the\nperiod specified in the suspension notice for the offence mentioned\nin subsection (1).\n","sortOrder":55},{"sectionNumber":"26","sectionType":"section","heading":"Definitions","content":"26 Definitions\nanother jurisdiction means a State or another Territory of the\nCommonwealth.\n\nMotor Vehicles Act 1949 39\ndemerit points means:\n(a) the points incurred under this Part by a person who commits a\ndemerit points offence; or\n(b) the points incurred under a law of another jurisdiction by a\nperson who commits a traffic offence in the other jurisdiction.\ndemerit points offence means:\n(a) an offence specified in Schedule 1 to the Traffic\nRegulations 1999 for which demerit points are prescribed; or\n(b) a traffic offence committed in another jurisdiction, that attracts\ndemerit points under the law of that jurisdiction.\nFines Recovery Unit has the meaning in the Fines and Penalties\n(Recovery) Act 2001.\ngood driving period means the period (which may be\ndiscontinuous) for which an undertaking to be of good driving\nbehaviour is effective.\nlicence means:\n(a) a licence or permit to drive a motor vehicle (including a learner\nlicence); and\n(b) for a visiting driver – the right to drive in the Territory.\nlicensing authority, of another jurisdiction, means the Agency or\noffice of the other jurisdiction responsible for administration of the\nscheme for licensing of drivers in that jurisdiction.\nsuspension includes disqualification from holding or obtaining a\nsuspension notice means a notice under section 33C.\nsuspension period means the period (which may be\ndiscontinuous) for which the suspension is effective.\nsuspension threshold means the point at which a person\nbecomes liable to suspension because of demerit points incurred\nby the person.\ntraffic offence means an offence under an Act of the Territory or\nanother jurisdiction that regulates road use or use of road-related\nareas.\n\nMotor Vehicles Act 1949 40\nvisiting driver means a person who is not a resident of the\nTerritory but who is entitled to drive in the Territory under section 32\nof the Traffic Act 1987.\n","sortOrder":56},{"sectionNumber":"27","sectionType":"section","heading":"Minister may give directions","content":"27 Minister may give directions\n(1) The Minister may give directions to the Registrar in relation to the\ngeneral administration of the demerit points scheme under this Part.\n(2) Subsection (1) does not authorise the giving, or following, of\ndirections that relate to the impact of the scheme on a particular\nExample\nIf a traffic infringement detection device is found to be defective, the Minister\nmight direct the Registrar to delete from the register all demerit points incurred for\noffences detected by the device for the period the device was faulty. Even if only\none person's records in the register were affected, such a direction would not\noffend subsection (2) because of the direction's general nature.\n","sortOrder":57},{"sectionNumber":"28","sectionType":"section","heading":"Active demerit points","content":"28 Active demerit points\n(1) For this Part, demerit points are active demerit points if they are\ncapable of being taken into account as the basis of a suspension\n(2) Demerit points cease to be active if:\n(a) they are taken into account as the basis of a suspension\nnotice; or\n(b) the demerit points, together with any further points incurred in\nthe ensuing 12 month period, or 3 year period (as the case\nmay be), do not result in the suspension threshold being\nreached.\nNotes for subsection (2)\n1 Because substantial delay is possible between the date points are incurred\nand the date they are entered in the register, some points can remain active\nfor more than 3 years.\n2 Demerit points also cease to be active under section 25S(1)(b).\n(3) This section has effect subject to:\n(a) sections 39B(6)(c)(ii) and 48G(6)(c)(ii) of the Sentencing\nAct 1995; and\n\nMotor Vehicles Act 1949 41\n(b) sections 39N(5)(c)(ii), 48L(4)(c)(ii) and 48M(5)(c)(ii) of the\nSentencing Act 1995 as in force before the commencement of\nPart 2 of the Sentencing and Other Legislation Amendment\nAct 2022 and continued by section 145 of the Sentencing\nAct 1995.\nDivision 2 Incurring demerit points\n29 Demerit points only to natural persons\nDemerit points can only be incurred by natural persons.\n30 When demerit points are incurred\n(1) Demerit points for a demerit points offence are incurred by the\noffender on the day the offence is committed.\n(2) Demerit points are to be recorded in the register as incurred on the\ndate the demerit points offence was committed.\n(3) This section applies although the demerit points are not recorded in\nthe register until a later time.\n","sortOrder":58},{"sectionNumber":"31","sectionType":"section","heading":"Demerit points register","content":"31 Demerit points register\n(1) The Registrar must maintain a register of demerit points.\n(2) The register is to be a record of:\n(a) demerit points incurred for demerit points offences committed\nin the Territory; and\n(b) certain demerit points incurred by residents of the Territory for\ndemerit points offences committed in other jurisdictions.\nNote\nSection 33 deals with which demerit points incurred in another jurisdiction will be\nrecorded in the register.\n\nMotor Vehicles Act 1949 42\n","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":"Demerit points for offence committed in the Territory","content":"32 Demerit points for offence committed in the Territory\n(1) The Registrar must enter in the register, against the name of a\nperson, the relevant number of demerit points for a demerit points\noffence committed in the Territory if:\n(a) the person is found guilty of the offence and:\n(i) the time for lodging an appeal has passed and no appeal\nhas been lodged; or\n(ii) an appeal has been lodged and the appeal has been\ndetermined, withdrawn or discontinued; or\n(b) the person is served with an infringement notice for the\noffence and:\n(i) the infringement notice penalty is paid in full or in part; or\n(ii) the Fines Recovery Unit enters into a scheme with the\nperson allowing further time to pay, or payment by\ninstalments; or\n(iii) the period for payment of the infringement notice penalty\nexpires without the person electing to have the matter\nheard by a court.\n(2) The relevant number of demerit points for a demerit points offence\nis the number prescribed by regulation for the offence plus any\nadditional points imposed for the offence under a Ministerial\ndeclaration.\n","sortOrder":60},{"sectionNumber":"33","sectionType":"section","heading":"Demerit points incurred in another jurisdiction","content":"33 Demerit points incurred in another jurisdiction\n(1) If:\n(a) the Registrar is advised by the licensing authority of another\njurisdiction that demerit points have been incurred in that\njurisdiction by a person who is a resident of the Territory; and\n(b) the offence for which the demerit points were incurred\ncorresponds to a demerit points offence under Territory law;\nthe Registrar must record against the name of the person in the\nTerritory register the number of demerit points incurred in the other\njurisdiction for the offence.\n(2) The demerit points recorded under subsection (1)(b) must not\ninclude points incurred before the commencement of this Part.\n\n","sortOrder":61},{"sectionNumber":"Div 4","sectionType":"division","heading":"When demerit points reach suspension threshold","content":"Division 4 When demerit points reach suspension threshold\nMotor Vehicles Act 1949 43\n","sortOrder":62},{"sectionNumber":"33A","sectionType":"section","heading":"Recording demerit points from other jurisdiction for person","content":"33A Recording demerit points from other jurisdiction for person\ntaking up residence in Territory\n(1) If a person applies for a Territory licence after a period of residence\nin another jurisdiction, the Registrar must:\n(a) enquire of the licensing authority of the other jurisdiction about\nactive demerit points recorded against the person in that\njurisdiction; and\n(b) record those demerit points against the person in the register\nfor the dates on which the points were incurred.\n(2) The demerit points recorded under subsection (1)(b) must not\ninclude:\n(a) points incurred before the commencement of this Part; or\n(b) points for an offence where the register already contains a\nrecord of the same offence.\nNote\nDemerit points brought across from a previous jurisdiction under this section may\ninclude points for offences not recognised as demerit points offences in the\nTerritory.\nDivision 4 When demerit points reach suspension threshold\n","sortOrder":63},{"sectionNumber":"33B","sectionType":"section","heading":"When is suspension threshold reached?","content":"33B When is suspension threshold reached?\n(1) A person reaches the suspension threshold if the person incurs\n12 or more demerit points within a period of 3 years or less.\n(2) A person also reaches the suspension threshold if:\n(a) the person is:\n(i) the holder of a learner licence or a licence that is\nprovisional; or\n(ii) subject to subsection (3), a visiting driver; and\n(b) the person incurs 5 or more demerit points within a period of\n12 months or less.\n\nMotor Vehicles Act 1949 44\n(3) Subsection (2) does not apply to a visiting driver who holds a\nlicence or permit from another jurisdiction unless the licence or\npermit is equivalent to a licence mentioned in subsection (2)(a)(i).\nNote\nWhenever demerit points are entered against a person's name in the Register, a\ncomputer check will be carried out to determine whether the aggregate active\ndemerit points incurred by the person over any relevant period result in the\nsuspension threshold being reached.\n","sortOrder":64},{"sectionNumber":"33C","sectionType":"section","heading":"Suspension notice issued when suspension threshold reached","content":"33C Suspension notice issued when suspension threshold reached\n(1) If it appears from the register that a person has reached the\nsuspension threshold, the Registrar must serve a suspension notice\non the person.\n(2) The notice must include the following:\n(a) the date of the notice;\n(b) the date on which the suspension is to take effect (the\neffective date);\n(c) details of the person's licence (if any);\n(d) particulars of the relevant offences, including the date of each\noffence and the demerit points incurred in respect of each\noffence;\n(e) the period for which:\n(i) the licence is suspended; or\n(ii) for a visiting driver – the right to drive in the Territory is\nsuspended; or\n(iii) if the person is unlicensed – the person is disqualified\nfrom obtaining a licence;\n(f) details of the person's right to elect for the effective date to be\nbrought forward;\n(g) details of the person's right (if eligible) to undertake to be of\ngood driving behaviour and the consequences of exercising or\nfailing to exercise that right;\n(h) further information as prescribed.\n\nMotor Vehicles Act 1949 45\n(3) Subject to section 33F, the effective date is 28 days after the date\nof the notice.\n(4) The notice may be served personally or by post.\n(5) Postal service may be effected by sending the notice by ordinary\npost to the postal address (including a Post Office Box) last notified\nto the Registrar, the Northern Territory Police Force or the Fines\nRecovery Unit by the person.\n","sortOrder":65},{"sectionNumber":"33D","sectionType":"section","heading":"Effect of suspension","content":"33D Effect of suspension\n(1) The suspension notice has the following effect:\n(a) if the person is the holder of a Territory licence – the licence is\nsuspended and the person is disqualified from obtaining\nanother licence;\n(b) if the person is a visiting driver – the person's right to drive in\nthe Territory is suspended;\n(c) if the person is not licensed – the person is disqualified from\nobtaining a licence.\n(2) If the person holds a Territory licence and the licence expires during\nthe suspension period, the Registrar must not renew the licence\nuntil the suspension period (and any other period of suspension or\ndisqualification) expires.\n","sortOrder":66},{"sectionNumber":"33E","sectionType":"section","heading":"Suspension period","content":"33E Suspension period\n(1) When a suspension notice is issued, demerit points must be taken\ninto account for the notice if:\n(a) they were incurred within the relevant period; and\n(b) they were recorded in the register as active points on the date\nof issue of the notice.\n(2) For a suspension threshold of 5 demerit points within a period of\n12 months or less, the suspension period is fixed as follows:\n(a) if 5 to 8 points have been taken into account for the notice of\nsuspension – 3 months;\n(b) if 9 to 12 points have been taken into account for the notice of\nsuspension – 4 months;\n(c) if more than 12 points have been taken into account for the\nnotice of suspension – 5 months.\n\nMotor Vehicles Act 1949 46\n(3) For a suspension threshold of 12 demerit points within a period of\n3 years or less, the suspension period is fixed as follows:\n(a) if 12 to 15 points have been taken into account for the notice\nof suspension – 3 months;\n(b) if 16 to 19 points have been taken into account for the notice\nof suspension – 4 months;\n(c) if more than 19 points have been taken into account for the\nnotice of suspension – 5 months.\n","sortOrder":67},{"sectionNumber":"33F","sectionType":"section","heading":"Early start to suspension period","content":"33F Early start to suspension period\n(1) A person subject to a suspension notice may elect to begin the\nsuspension period earlier than the effective date in the notice.\n(2) To make the election, the person must:\n(a) complete the approved form for making the election; and\n(b) lodge the election form, in person, at any office of the\nRegistrar within 21 days after the date of the notice.\n(3) The effective date for the beginning of the suspension period\nbecomes the day after the election form is lodged.\noffice of the Registrar includes a police station that functions as\nan office of the Registrar.\n","sortOrder":68},{"sectionNumber":"33G","sectionType":"section","heading":"Undertaking to be of good driving behaviour","content":"33G Undertaking to be of good driving behaviour\n(1) A person subject to a suspension notice may (if eligible) undertake,\nas an alternative to undergoing the suspension notified in the\nnotice, to be of good driving behaviour for 12 months.\nNote\nSection 33H deals with a person's eligibility to undertake to be of good driving\nbehaviour.\n(2) To undertake to be of good driving behaviour, the person must:\n(a) complete the approved form for giving the undertaking; and\n(b) lodge the undertaking, in person, at any office of the Registrar\nwithin 21 days after the date of the notice.\n\nMotor Vehicles Act 1949 47\n(3) The effective date for the beginning of the good driving period\nbecomes the day after the undertaking is lodged.\n(4) The good driving period ceases to run (or does not begin to run, as\nthe case may be) during a period of licence suspension or\ndisqualification under another law, and whatever period of good\ndriving behaviour has not been served begins to run immediately\nthe period of suspension or disqualification ends.\n(5) In this section:\noffice of the Registrar includes a police station that functions as\nan office of the Registrar.\n","sortOrder":69},{"sectionNumber":"33H","sectionType":"section","heading":"Eligibility to undertake good driving behaviour","content":"33H Eligibility to undertake good driving behaviour\n(1) A person subject to a suspension notice is eligible to undertake to\nbe of good driving behaviour if:\n(a) the person is the holder of a Territory licence; or\n(b) the person becomes the holder of such a licence before the\nperiod of disqualification to obtain a licence commences.\n(2) However, a person is not eligible to undertake to be of good driving\nbehaviour if the suspension notice is issued under section 33L\nbecause the person has breached a previous undertaking to be of\ngood driving behaviour.\n","sortOrder":70},{"sectionNumber":"33J","sectionType":"section","heading":"Person may apply for extension of time for undertaking","content":"33J Person may apply for extension of time for undertaking\n(1) A person may apply to the Registrar for an extension of time to\nundertake to be of good driving behaviour.\n(2) If the Registrar is satisfied:\n(a) the person has not received the suspension notice in sufficient\ntime to give the undertaking (for a reason other than wilful\navoidance); or\n(b) the circumstances are exceptional and warrant extending the\ntime for the person to give the undertaking;\nthe Registrar may allow additional time (and may, if necessary,\ndefer the date of commencement of the suspension period) for the\nperson to give the undertaking.\n(3) A person can make only one application under subsection (1), but\nnothing prevents the Registrar, on the Registrar's own initiative,\ngranting a further extension if satisfied the circumstances warrant it.\n\nMotor Vehicles Act 1949 48\n","sortOrder":71},{"sectionNumber":"33K","sectionType":"section","heading":"Person may apply to give undertaking by other means","content":"33K Person may apply to give undertaking by other means\n(1) The Registrar may, on application by a person, dispense with the\nrequirement that the applicant attend in person at an office of the\nRegistrar to give an undertaking to be of good driving behaviour.\n(2) The Registrar will only give the dispensation if satisfied:\n(a) as to the identity of the applicant; and\n(b) that in the circumstances it would be unduly onerous to\nrequire personal attendance.\n","sortOrder":72},{"sectionNumber":"33L","sectionType":"section","heading":"Breach of undertaking","content":"33L Breach of undertaking\n(1) This section applies if a person:\n(a) undertakes to be of good driving behaviour; and\n(b) incurs 2 or more demerit points during the good driving period.\n(2) The Registrar must serve on the person a further suspension notice\nspecifying a suspension period that is double the period that was\nspecified in the earlier notice of suspension that gave rise to the\nundertaking.\n","sortOrder":73},{"sectionNumber":"33M","sectionType":"section","heading":"Advising other jurisdiction of offences committed in Territory","content":"33M Advising other jurisdiction of offences committed in Territory\n(1) If a resident of another jurisdiction commits a demerit points offence\nin the Territory, the Registrar must advise the licensing authority of\nthe other jurisdiction of the details of the offence and the number of\ndemerit points prescribed for the offence.\n(2) The Registrar may also advise the licensing authority of another\njurisdiction of the details of a traffic offence committed by a resident\nof the other jurisdiction, although the offence is not a demerit points\noffence in the Territory.\n","sortOrder":74},{"sectionNumber":"33N","sectionType":"section","heading":"When Registrar advises other jurisdiction","content":"33N When Registrar advises other jurisdiction\nThe details are not to be advised to the licensing authority of the\nother jurisdiction until:\n(a) the person is found guilty of the offence and:\n(i) the time for lodging an appeal has passed and no appeal\nhas been lodged; or\n\nMotor Vehicles Act 1949 49\n(ii) an appeal has been lodged and the appeal has been\ndetermined, withdrawn or discontinued; or\n(b) the person is served with an infringement notice for the\noffence and:\n(i) the infringement notice penalty is paid in full or in part; or\n(ii) the Fines Recovery Unit enters into a scheme with the\nperson allowing further time to pay, or payment by\ninstalments; or\n(iii) the period for payment of the infringement notice penalty\nexpires without the person electing to have the matter\nheard by a court.\n","sortOrder":75},{"sectionNumber":"33P","sectionType":"section","heading":"Registrar to provide details of active demerit points","content":"33P Registrar to provide details of active demerit points\n(1) This section applies if the Registrar is advised by the licensing\nauthority of another jurisdiction that a person who holds a Territory\nlicence has applied for a licence in the other jurisdiction.\n(2) The Registrar must provide the licensing authority with details from\nthe register of the person's active demerit points.\n(3) The Registrar must also advise the licensing authority of the details\nof any demerit points suspension period or good driving period\napplicable to the person.\n","sortOrder":76},{"sectionNumber":"33Q","sectionType":"section","heading":"Demerit points no longer active once taken into account for","content":"33Q Demerit points no longer active once taken into account for\nnotice of suspension or breach of undertaking\n(1) Subject to subsection (4), demerit points for a particular offence can\nbe taken into account only once as the basis of a suspension\n(2) Subsection (1) applies whether the suspension notice is issued\nbecause:\n(a) the person's active demerit points have reached a suspension\nthreshold: or\n(b) the person has breached an undertaking to be of good driving\nbehaviour.\n(3) Subsection (1) also applies whether the suspension notice is issued\nunder this Act or under the law of another jurisdiction.\n\nMotor Vehicles Act 1949 50\n(4) However, if the suspension notice is withdrawn, the points may\nagain be taken into account as the basis of a later suspension\n","sortOrder":77},{"sectionNumber":"33R","sectionType":"section","heading":"Demerit points incurred but not taken into account for notice","content":"33R Demerit points incurred but not taken into account for notice\nof suspension\nDemerit points that had not been entered in the register before the\ndate of a suspension notice are not affected by the notice (although\nthey may have been incurred before the date of the notice) and can\nbe taken into account as the basis of a later suspension notice.\n","sortOrder":78},{"sectionNumber":"33S","sectionType":"section","heading":"Demerit points deleted from register","content":"33S Demerit points deleted from register\n(1) The Registrar must, if satisfied the entry of demerit points in the\nRegister was made in error, delete the demerit points from the\nregister.\n(2) The Registrar may make any further consequential adjustments to\nthe register to ensure the records are correct.\n(3) If:\n(a) active demerit points are recorded in the register in relation to\nan offence; and\n(b) the Fines Recovery Unit annuls an enforcement order that\nrelates to a penalty for the offence;\nthe Registrar must delete the demerit points but must re-instate the\npoints if the offence is referred to the Local Court and the court\nfinds the offence proved.\n(4) If:\n(a) active demerit points are recorded in the register for an\noffence; and\n(b) a court grants leave to appeal out of time against a finding of\nguilt in relation to the offence;\nthe Registrar must delete the demerit points but must re-instate the\npoints if the appeal is unsuccessful.\n","sortOrder":79},{"sectionNumber":"33T","sectionType":"section","heading":"Withdrawal of suspension notice","content":"33T Withdrawal of suspension notice\n(1) The Registrar must withdraw a suspension notice if it later appears\nthat the notice:\n(a) was issued in error; or\n\nMotor Vehicles Act 1949 51\n(b) would not have issued, or would have specified a shorter\nsuspension period but for taking into account demerit points\nsince deleted.\n(2) A notice of withdrawal may be served in the same manner as a\nnotice of suspension.\n(3) The withdrawal of a suspension notice does not prevent the issue\nof a fresh notice:\n(a) specifying an amended suspension period (taking into account\nany period of suspension that had already run under the\noriginal notice); or\n(b) taking into account demerit points that had been deleted but\nwhich were later re-instated.\n","sortOrder":80},{"sectionNumber":"33U","sectionType":"section","heading":"Releasing information from register","content":"33U Releasing information from register\n(1) The Registrar may, for statistical purposes, retain in the register\nrecords of demerit points that are no longer active.\n(2) However, information and details of demerit points must not be\npublished, except as aggregated data for statistical purposes where\nthe information does not permit any particular person to be\nidentified.\n(3) The Registrar may make available to a person the information in\nthe register relating to the person's active demerit points.\n","sortOrder":81},{"sectionNumber":"33V","sectionType":"section","heading":"Appeal against decision of Registrar","content":"33V Appeal against decision of Registrar\n(1) An appeal against a decision of the Registrar under this Part may\nbe made to the Local Court.\n(2) The court may uphold, vary or quash the Registrar's decision and\nmay substitute its own decision for that of the Registrar.\n(3) However, a suspension under this Part occurs by force of this Part\nand cannot be appealed or reviewed in any court.\n(4) If a person lodges an appeal against a refusal by the Registrar to\nallow additional time for the person to give an undertaking to be of\ngood driving behaviour, the suspension does not take effect until\nthe court rejects the appeal or the appeal is withdrawn or\ndiscontinued.\n\nMotor Vehicles Act 1949 52\n","sortOrder":82},{"sectionNumber":"33W","sectionType":"section","heading":"Court not take demerit points into account","content":"33W Court not take demerit points into account\nWhen sentencing a person for a traffic offence, a court must not\ntake into account that demerit points may be incurred by the person\nin relation to the offence.\n","sortOrder":83},{"sectionNumber":"33X","sectionType":"section","heading":"Demerit points not affected by licence suspension under","content":"33X Demerit points not affected by licence suspension under\nanother law\n(1) A suspension period under this Part is in addition to any period of\nlicence suspension or disqualification otherwise imposed under a\nlaw in force in the Territory.\n(2) Demerit points recorded in the register against a person are not\naffected by a period of licence suspension or disqualification\nimposed by a court in Australia or any other Territory law.\n(3) If multiple periods of suspension or disqualification apply in relation\nto a person under different laws, the order in which the periods run\nis as follows:\n(a) first – suspension or disqualification by a court or under\nanother law (except fine default within the meaning of the\nFines and Penalties (Recovery) Act 2001);\n(b) secondly – demerit points suspension under this Part,\nconcurrently with any fine default suspension under the Fines\nand Penalties (Recovery) Act 2001.\n(4) Demerit points suspension under this Part ceases to run (or does\nnot begin to run, as the case may be) during a period of licence\nsuspension or disqualification under another law, and whatever\nportion of the demerit points suspension has not been served\nbegins to run immediately the other period of suspension or\ndisqualification ends.\n","sortOrder":84},{"sectionNumber":"33Z","sectionType":"section","heading":"Offence by body corporate","content":"33Z Offence by body corporate\n(1) A body corporate that facilitates the avoidance of demerit points by\nnatural persons commits an offence.\n(2) A body corporate facilitates the avoidance of demerit points by\nnatural persons if the body fails, more than twice in a 3 year period,\nto identify the driver of a vehicle, under the control of the body\ncorporate, involved in the commission of a demerit points offence\ndetected by a traffic infringement detection device.\n\nMotor Vehicles Act 1949 53\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the body corporate:\n(a) had taken all reasonable steps to ensure it would be in a\nposition to identify the driver of a vehicle under its control\nshould a demerit points offence be committed; and\n(b) failed to identify the driver in the relevant instance because of\nexceptional circumstances.\n","sortOrder":85},{"sectionNumber":"34","sectionType":"section","heading":"Licensing of motor vehicle traders","content":"34 Licensing of motor vehicle traders\n(1) The Registrar may grant a licence (a motor vehicle trader's\nlicence) to any person bona fide engaged in manufacturing,\ndealing in or repairing motor vehicles, or in such other related\npursuit as is approved by the Registrar, and having suitable\npremises for that person to use one or more number plates\n(trader's plates) in the circumstances specified in section 35.\n(2) The Registrar may, from time to time, renew a motor vehicle\ntrader's licence granted to a person under subsection (1).\n(2A) A motor vehicle trader's licence must be:\n(a) in the approved form; and\n(b) for a renewal of the licence – endorsed with the word\n\"Renewal\".\n(3) Prior to the grant or renewal of a motor vehicle trader's licence such\nfees shall be payable by such person as are prescribed.\n(4) A motor vehicle trader's licence remains in force for the period (the\nlicence period) mentioned in subsection (5) unless it is cancelled\nor suspended.\n(5) The licence period for a motor vehicle trader's licence is either:\n(a) 12 months; or\n(b) any shorter period decided by the Registrar under\nsubsection (7).\n\nMotor Vehicles Act 1949 54\n(6) For subsections (4) and (5), the licence period for a motor vehicle\ntrader's licence commences on:\n(a) if the licence is granted to the person under subsection (1) –\nthe day on which the motor vehicle trader's licence is granted;\nor\n(b) if the renewal of the person's licence is granted under\nsubsection (2) on or before the date on which the previous\nlicence period of the person's licence expires – the day\nimmediately after the date on which the previous licence\nperiod expired; or\n(c) if the renewal of the person's licence is granted under\nsubsection (2) after the date on which the previous licence\nperiod of the person's licence expires – the day on which the\nrenewal of the licence is granted.\n(7) The Registrar may grant a motor vehicle trader's licence to a\nperson, or renew a person's motor vehicle trader's licence, for a\nlicence period that is shorter than 12 months.\n(8) The Registrar may grant or renew a motor vehicle trader's licence\nfor a shorter period under subsection (7) on the application of the\nperson or on the Registrar's own initiative.\n(9) If the Registrar decides to grant or renew a motor vehicle trader's\nlicence for a shorter period, the amount of the fee required to be\npaid under subsection (3) is to be calculated as a pro rata amount\nof the prescribed fee payable in respect of a 12-month licence\nperiod.\n","sortOrder":86},{"sectionNumber":"35","sectionType":"section","heading":"Conditions of use of trader's plates","content":"35 Conditions of use of trader's plates\n(1) Subject to subsections (2) and (4), a trader's plate may be used on\na motor vehicle which is standing or being driven upon a public\nstreet only where:\n(a) the vehicle is in the possession or custody of the trader to\nwhom the plate has been issued or transferred or his\nemployee for manufacture, repair, painting, sale or exchange\nor delivery to another trader, purchaser or owner;\n(b) the vehicle is being used bona fide for a purpose connected\nwith the manufacture, repair, painting, testing, demonstration,\nsale or exchange of the vehicle or its delivery to another\ntrader, purchaser or owner;\n\nMotor Vehicles Act 1949 55\n(c) any person in or upon the vehicle is being carried otherwise\nthan for hire or any consideration and is bona fide interested\nin, or employed for, a purpose mentioned in paragraph (b);\n(d) any loading in or upon the vehicle is being conveyed solely for\nthe purpose of demonstrating the mass-carrying capacity of\nthe vehicle to a bona fide prospective purchaser;\n(e) in the case of a towing vehicle owned by the trader, the\nvehicle is being used by the trader or his employee for the\npurpose of proceeding to and towing any disabled motor\nvehicle; and\n(f) the driver or person in charge of the vehicle is:\n(i) the trader or an employee of the trader;\n(ii) a prospective purchaser of the vehicle or his employee\nor agent who is accompanied by the trader or an\nemployee of the trader; or\n(iii) a prospective purchaser of the vehicle or his employee\nor agent where the trader is licensed as a motor vehicle\ndealer under the Consumer Affairs and Fair Trading\nAct 1990.\n(2) A trader referred to in subsection (1)(f)(iii) shall not permit a\nprospective purchaser of a vehicle referred to in that subsection to\ndrive the vehicle except where, in addition to any other information\nrequired to be kept by any other law in force in the Territory, the\nname, the driver's licence number, address and signature of the\nprospective purchaser has been recorded in a register kept by the\ntrader for that purpose.\n(3) A trader referred to in subsection (1)(f)(iii) shall, on demand at any\nreasonable time, produce the register required to be kept under\nsubsection (2) for inspection by the Registrar, an inspector or\nmember of the Police Force.\n(4) The Registrar may, in his discretion, upon such conditions as he\n(5) Where a motor vehicle bears a trader's plate in any of the\ncircumstances specified in this section, the person driving the\nvehicle shall be deemed not to contravene section 33, 33A or 34 of\nthe Traffic Act 1987.\n\nMotor Vehicles Act 1949 56\n","sortOrder":87},{"sectionNumber":"36","sectionType":"section","heading":"Use of trader's plate","content":"36 Use of trader's plate\nA trader shall not use any trader's plate, or permit it to be used,\notherwise than in the circumstances specified in section 35.\n","sortOrder":88},{"sectionNumber":"37","sectionType":"section","heading":"Persons who may drive vehicle with trader's plate","content":"37 Persons who may drive vehicle with trader's plate\n(1) Subject to this section, a person shall not, upon any public street,\ndrive a motor vehicle, other than a motor cycle having a trader's\nplate attached unless that person:\n(a) is the holder of a licence to drive a motor vehicle; and\n(b) is:\n(i) the trader to whom the plate was issued or transferred or\nan employee of such trader;\n(ii) a prospective purchaser of the vehicle or his employee\nor agent who is accompanied by the trader or an\nemployee of the trader; or\n(iii) a prospective purchaser of the vehicle or his employee\nor agent where the trader to whom the plate was issued\nor transferred is licensed as a motor vehicle dealer\nunder the Consumer Affairs and Fair Trading Act 1990.\n(2) A prospective purchaser of a motor cycle or his employee or agent\nmay drive a motor cycle having a trader's plate attached if he\nproduces to the trader his licence to drive a motor cycle.\n(3) The Registrar may, in his discretion, upon such conditions as he\n","sortOrder":89},{"sectionNumber":"38","sectionType":"section","heading":"Sale, &c., of business and transfer of plates","content":"38 Sale, &c., of business and transfer of plates\n(1) Where a trader sells or disposes of or ceases to carry on the\nbusiness in respect of which he is licensed, he shall, within 14 days\nafter the sale or disposal, notify the Registrar in writing of the sale\nor disposal and return to the Registrar the licence and trader's\nplates issued to him.\n(2) Upon application by the person to whom the business has been\nsold or disposed of and upon payment by him of the prescribed fee,\nthe Registrar may transfer the licence in respect of the business to\nthat person for the unexpired period of the licence.\n(3) If the Registrar approves of the transfer, he shall sign the licence in\nthe space set apart therefor for his signature and return the licence\n\nMotor Vehicles Act 1949 57\nand the trader's plates to the person to whom the business has\nbeen sold or disposed of and such person shall then be deemed to\nbe the licensee for the purposes of this Act.\n","sortOrder":90},{"sectionNumber":"39","sectionType":"section","heading":"Revocation or suspension of right to use trader's plates","content":"39 Revocation or suspension of right to use trader's plates\nThe Court before which any trader is found guilty for a breach of\nany of the conditions relative to the use of a trader's plate may, in\naddition to imposing a penalty, revoke or suspend, for such period\nas the Court thinks fit, the motor vehicle trader's licence of that\n","sortOrder":91},{"sectionNumber":"40","sectionType":"section","heading":"Return of trader's plates to the Registrar","content":"40 Return of trader's plates to the Registrar\nWhere the Registrar is satisfied that a trader has ceased, by reason\nof the sale or disposal of his business or otherwise, to be entitled to\nbe licensed, the Registrar may request that person to return to the\nRegistrar any trader's plates issued to him and that person shall\ncomply with the request forthwith.\n","sortOrder":92},{"sectionNumber":"42","sectionType":"section","heading":"Affixing of trader's plates","content":"42 Affixing of trader's plates\n(1) A person must not drive a vehicle with a trader's plate attached to it\non a public street unless the trader's plate is securely affixed at the\nrear of the vehicle so that, when the vehicle is on level ground:\n(a) the plate is at all times in an upright position parallel to the\nvehicle's axles; and\n(b) the number on the plate is clearly legible and visible from:\n(i) if the vehicle is a heavy vehicle – any point that is up to\n20 m from the plate and within an arc of 45 degrees from\nthe surface of the plate above and on either side of the\nvehicle; or\n(ii) otherwise – up to 20 m from the plate within an arc of\n15 degrees from the surface of the plate above and\n45 degrees on either side of the vehicle.\n(2) However, the person does not contravene subsection (1)(b) if the\nnumber on the trader's plate affixed to the vehicle is not clearly\nlegible and visible as mentioned in that subsection merely because\nthe vehicle is towing another vehicle.\n\nMotor Vehicles Act 1949 58\n","sortOrder":93},{"sectionNumber":"43","sectionType":"section","heading":"Record of use of trader's plate","content":"43 Record of use of trader's plate\nA trader shall:\n(a) keep a record, in accordance with the approved form, and\nrecord the particulars required to be inserted in that form\nwithin 24 hours after the time any vehicle to which a trader's\nplate is attached leaves his premises; and\n(b) on demand at any reasonable time, produce the record for the\npreceding 6 months for inspection by the Registrar, an\ninspector or a member of the Police Force.\n","sortOrder":94},{"sectionNumber":"Div 1","sectionType":"division","heading":"Interpretation","content":"Division 1 Interpretation\n","sortOrder":95},{"sectionNumber":"44","sectionType":"section","heading":"Definition","content":"44 Definition\nMinister means the minister administering the Motor Accidents\n(Compensation) Commission Act 2014.\n","sortOrder":96},{"sectionNumber":"45","sectionType":"section","heading":"Compensation contributions to be paid","content":"45 Compensation contributions to be paid\n(1) The Registrar must not register or renew the registration of a motor\nvehicle or trailer unless the applicant has paid to the Registrar the\nrelevant amount of compensation contributions declared in a notice\nmade under section 47.\n(2) The Registrar shall not issue a trader's plate unless there has been\npaid to him the relevant amount of compensation contributions\nspecified in a notice made in pursuance of section 47.\n","sortOrder":97},{"sectionNumber":"46","sectionType":"section","heading":"Moneys received","content":"46 Moneys received\n(1) The Registrar must pay to the MAC Commission all amounts\nreceived under section 45 and as compensation contributions under\nsection 137, less such amounts to cover administrative costs as are\ndetermined by the Minister, or as are calculated in accordance with\na determination of the Minister.\n(2) Where the Minister makes a determination for the purposes of\nsubsection (1), he shall cause a copy of that determination to be\npublished in the Gazette.\n\nMotor Vehicles Act 1949 59\n","sortOrder":98},{"sectionNumber":"47","sectionType":"section","heading":"Declaration of compensation contributions","content":"47 Declaration of compensation contributions\n(1) The Minister must, by Gazette notice, declare the amount of\ncompensation contributions payable on and after the date stated in\nthe notice for the following:\n(a) the grant or renewal of the registration of a motor vehicle or\ntrailer;\n(b) the grant or renewal of a pastoral vehicle permit;\n(c) the grant of an exemption from registration of a visiting vehicle\nunder section 8A;\n(d) the grant of a licence under section 137;\n(e) the issuing of a trader's plate.\n(2) The declared amount of the compensation contributions must be:\n(a) the amount previously declared under this section indexed in\naccordance with a method decided by the Minister; or\n(b) another amount decided by the Minister in accordance with a\nrecommendation made on a review under section 47A.\n","sortOrder":99},{"sectionNumber":"47A","sectionType":"section","heading":"Reviews","content":"47A Reviews\n(1) The Minister must ensure the amounts of compensation\ncontributions are reviewed by a competent person at intervals of not\nmore than 3 years.\n(2) In addition, the Minister may at any time require the review of:\n(a) the amounts of compensation contributions; or\n(b) another matter arising from the compensation scheme under\nthe Motor Accidents (Compensation) Act 1979.\n(3) Without limiting subsection (2)(b), the requirement may relate to\nany of the following:\n(a) a benefit payable under the scheme;\n(b) the design of the scheme;\n(c) the contribution structure for the scheme, including, for\nexample, the proportion of the contribution by the Territory, or\nany of the amounts of compensation contributions, to the\noverall contribution for the scheme.\n\nMotor Vehicles Act 1949 60\ncompetent person means a person who:\n(a) is not a public sector employee or employee of the MAC\nCommission; and\n(b) has the qualifications and experience to conduct the review.\n","sortOrder":100},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Use of public streets and public places by","content":"Part 5A Use of public streets and public places by\n","sortOrder":101},{"sectionNumber":"50","sectionType":"section","heading":"Application","content":"50 Application\n(1) Subject to subsection (2), on and from 1 January 1987, Division 2\nshall not apply to nonconforming vehicles other than nonconforming\nvehicles which are motor omnibuses.\n(2) On and from 1 January 1992, Division 2, other than section 52(h),\nshall not apply to nonconforming vehicles which are motor\nomnibuses.\n","sortOrder":102},{"sectionNumber":"51","sectionType":"section","heading":"Interpretation","content":"51 Interpretation\n(1) In this Part, unless the contrary intention appears:\nbogie axle means a group of 2 or more axles fitted to a\nnonconforming vehicle and which are:\n(a) not more than 3 metres apart;\n(b) on a vehicle with 3 or more axles; and\n(c) not less than 3 metres from any other axle of the vehicle or a\nvehicle attached to the vehicle.\nnonconforming vehicle means a vehicle:\n(a) which was registered in the Territory on or before\n1 January 1983 and which registration was in force on that\ndate;\n(b) in respect of which the person who was the owner on\n1 January 1983 has, on and from that date, remained the\nowner; and\n\nDivision 2 Length, width, height and mass of nonconforming vehicles\nMotor Vehicles Act 1949 61\n(c) which is subject to compliance with the requirements of this\nPart that are applicable to it but which does not comply with\nthe like requirements of the Standards that would, but for this\ndefinition, be applicable to it.\n(2) A reference in Division 2 to:\n(a) a vehicle;\n(b) a motor vehicle;\n(c) an articulated vehicle;\n(d) a prime mover; or\n(e) a trailer,\nshall be read as a reference to:\n(f) a vehicle;\n(g) a motor vehicle;\n(h) an articulated vehicle;\n(j) a prime mover; or\n(k) a trailer,\nrespectively, which is a nonconforming vehicle.\nDivision 2 Length, width, height and mass of nonconforming\n","sortOrder":103},{"sectionNumber":"52","sectionType":"section","heading":"Maximum length, &c., of vehicles","content":"52 Maximum length, &c., of vehicles\nA person shall not drive, or cause or permit to be driven:\n(a) a motor vehicle, without a trailer, (other than an articulated\nvehicle) the length of which exceeds 12.2 metres;\n(b) an articulated vehicle, the length of which exceeds\n16.5 metres;\n(c) an articulated vehicle, the length of a component portion of\nwhich exceeds 12.2 metres;\n(d) a trailer, the length of which:\n(i) where it is self-tracking, exceeds 16.8 metres;\n\nDivision 2 Length, width, height and mass of nonconforming vehicles\nMotor Vehicles Act 1949 62\n(ii) where it is not self-tracking, exceeds 12.2 metres;\n(iii) where it is one of 2 or 3 trailers attached to the same\nmotor vehicle, exceeds 13.8 metres; or\n(iv) where it is hauled behind an articulated vehicle, exceeds\n12.2 metres;\n(e) a motor vehicle to which one trailer is attached where the total\nlength of the motor vehicle and trailer exceeds 30.5 metres;\n(f) a motor vehicle to which 2 or 3 trailers are attached where the\ntotal length of the motor vehicle and trailers exceeds 4 metres;\n(g) a vehicle where its width exceeds 2.5 metres; or\n(h) a vehicle where the distance from the surface of the road to\nthe highest part of the vehicle or the load on that vehicle\nexceeds 4.4 metres.\n","sortOrder":104},{"sectionNumber":"53","sectionType":"section","heading":"Vehicle with pneumatic tyres","content":"53 Vehicle with pneumatic tyres\n(1) Subject to section 57, a person shall not drive, or cause or permit to\nbe driven, a vehicle to all of the wheels of which pneumatic tyres\nare fitted:\n(a) if the load on an axle of the vehicle exceeds 9 tonnes;\n(b) if the load on a wheel of the vehicle exceeds 4.5 tonnes;\n(c) if the load on a tyre of the vehicle exceeds 2.7 tonnes;\n(d) if the load on a bogie axle of the vehicle exceeds 16 tonnes; or\n(e) if the aggregate of the load on each of any 2 axles, and of\neach intervening axle, if any, of the vehicle or the vehicle\ncombination exceeds:\n(i) where the distance between the centres of those first-\nmentioned axles is not less than one metre but does not\nexceed 3 metres – 16 tonnes;\n(ii) where the distance between the centres of those first-\nmentioned axles exceeds 3 metres but does not exceed\n3.5 metres – 19.4 tonnes;\n(iii) where the distance between the centres of those first-\nmentioned axles exceeds 3.5 metres but does not\nexceed 4 metres – 21 tonnes;\n\nMotor Vehicles Act 1949 63\n(iv) where the distance between the centres of those first-\nmentioned axles exceeds 4 metres but does not exceed\n4.5 metres – 22.3 tonnes; or\n(v) where the distance between the centres of those first-\nmentioned axles exceeds 4.5 metres – 22.3 tonnes plus\n1.15 tonnes for each half metre or part of a half metre by\nwhich that distance exceeds 4.5 metres.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n(2) In this section, vehicle combination means a combination of a\nmotor vehicle or prime mover and a trailer or trailers attached to the\nmotor vehicle or prime mover, as the case may be.\n(3) It shall be a defence to a prosecution for an offence against\nsubsection (1) if the person charged with the offence proves to the\nsatisfaction of the court hearing the charge that he made or caused\nto be made reasonable efforts to comply with the requirements of\nthat subsection and that the respective load limits specified in that\nsubsection have not been exceeded by more than 10% of such\nlimits.\nDivision 3 Use of trailers\n","sortOrder":105},{"sectionNumber":"54","sectionType":"section","heading":"Maximum number of trailers to be drawn by rigid motor vehicle","content":"54 Maximum number of trailers to be drawn by rigid motor vehicle\nA person shall not drive, or cause or permit to be driven, a rigid\nmotor vehicle to which there are attached more than 3 trailers.\n","sortOrder":106},{"sectionNumber":"55","sectionType":"section","heading":"Maximum number of trailers to be drawn by articulated vehicle","content":"55 Maximum number of trailers to be drawn by articulated vehicle\nA person shall not drive, or cause or permit to be driven, an\narticulated vehicle to which there are attached more than 2 trailers.\n","sortOrder":107},{"sectionNumber":"56","sectionType":"section","heading":"Axle loads on axles not more than one metre apart and wheel","content":"56 Axle loads on axles not more than one metre apart and wheel\nloads on co-axial wheels\n(1) For the purposes of sections 53 and 57, axles the centres of which\nmay be included between 2 parallel transverse vertical planes not\nmore than one metre apart shall be deemed to be one axle.\n\nPart 5B Alteration of maximum loads, granting of exemptions, and prohibition against\ncertain vehicles\nMotor Vehicles Act 1949 64\n(2) For the purposes of sections 53, 57 and 62(2), a group of co-axial\nwheels on one side of the centre line of a vehicle shall be deemed\nto be one wheel.\nPart 5B Alteration of maximum loads, granting of\nexemptions, and prohibition against certain\n","sortOrder":108},{"sectionNumber":"57","sectionType":"section","heading":"Alteration of maximum loads, &c.","content":"57 Alteration of maximum loads, &c.\n(1) The Minister may, by notice in the Gazette, specify maximum mass,\nmaximum axle, wheel or tyre loads, maximum tyre pressures,\nmaximum speeds or maximum numbers of trailers, in place of those\nfixed under Part 5A or the Standards for vehicles, classes of\nvehicles or vehicles having tyres of a particular kind, travelling on a\npublic street or in a public place, specified in that notice, during\nperiods specified in that notice.\n(2) A maximum mass, load, tyre pressure, speed or number of trailers\nspecified in a notice under subsection (1) by the Minister shall be\ndeemed to be substituted for that fixed by or under the appropriate\nprovision of Part 5A or the Standards in respect of:\n(a) vehicles of the class;\n(b) vehicles having the kind of tyres;\n(c) vehicles travelling on the public street or in the public place;\nand\n(d) the period,\nspecified in the notice.\n","sortOrder":109},{"sectionNumber":"58","sectionType":"section","heading":"Prohibition against certain vehicles travelling on specified","content":"58 Prohibition against certain vehicles travelling on specified\npublic streets or in specified public places\n(1) The Registrar, in his discretion and subject to such conditions and\nfor such period as he thinks fit, may, by notice in the Gazette,\nprohibit vehicles, classes of vehicles or vehicles having tyres of a\nparticular kind, from travelling on a public street or in a public place\nspecified in that notice.\n(2) A person shall not drive, or cause or permit to be driven, a vehicle\nthe subject of a notice referred to in subsection (1) in contravention\nof the requirements of the notice.\n\nMotor Vehicles Act 1949 65\n","sortOrder":110},{"sectionNumber":"59","sectionType":"section","heading":"Exemption of vehicles","content":"59 Exemption of vehicles\n(1) A person, on payment of the prescribed fee, may apply to the\nRegistrar for an exemption under this section and the Registrar, on\nreceipt of such an application, in his discretion and subject to such\nconditions and for such period as he thinks fit, may, by instrument\nin writing, exempt a particular vehicle or vehicles included in a\nparticular class of vehicles from the operation of one or more of the\nprovisions of Part 5A, the Standards or Schedule 4.\n(2) The Registrar may, by notice in the Gazette, exempt a class of\nvehicles from Part 5A, the Standards or Schedule 4 on such\nconditions as the Registrar thinks fit and specifies in the notice,\nincluding the condition that the exemption only applies to vehicles in\nrelation to which an application in the approved form, accompanied\nby the prescribed fee, has been made by the vehicle's owner and\naccepted by the Registrar.\n","sortOrder":111},{"sectionNumber":"60","sectionType":"section","heading":"Proof of exemption defence in certain cases","content":"60 Proof of exemption defence in certain cases\nIt shall be a defence to a prosecution for an offence against\nPart 5A, the Standards or Schedule 4 to show that the vehicle in\nrespect of which the offence is alleged to have been committed\nwas, at the time of the alleged offence, exempted from the\noperation of Part 5A, the Standards or Schedule 4, as the case may\nbe, and was being used in pursuance of, and in accordance with,\nthe conditions of an exemption granted under section 59 by the\nRegistrar in respect of that vehicle.\n","sortOrder":112},{"sectionNumber":"60A","sectionType":"section","heading":"Determination of GVM","content":"60A Determination of GVM\n(1) Subject to subsection (2), the GVM or gross vehicle mass of a\nvehicle is:\n(a) the GVM stated on the RAV for the vehicle; or\n(b) if the GVM is not stated on the RAV – the GVM stated by the\nvehicle's manufacturer on the identification device attached to\nthe vehicle; or\n(c) if the GVM is not stated as specified in paragraph (a) or (b), or\nthe vehicle's manufacturer has amended the GVM – the GVM\ncertified by the vehicle's manufacturer.\n\nMotor Vehicles Act 1949 66\n(2) If a circumstance specified in subsection (3) applies in relation to a\nvehicle, the GVM or gross vehicle mass of the vehicle is:\n(a) for a vehicle that is registered in a State, another Territory or\nanother country or an unregistered vehicle that was previously\nregistered – the GVM accepted by the vehicle registration\nauthority in the registering jurisdiction; or\n(b) for any other vehicle or for a vehicle mentioned in\nparagraph (a) in relation to which the Registrar cannot\nreasonably ascertain the accepted GVM – the GVM recorded\nby the Registrar.\n(3) For subsection (2), the following circumstances are specified:\n(a) the GVM of the vehicle is not stated or certified as specified in\nsubsection (1)(a), (b) or (c);\n(b) the GVM of the vehicle determined under subsection (1)(a),\n(b) or (c) is no longer appropriate for the vehicle because the\nvehicle has been modified in accordance with the laws of the\nregistering jurisdiction.\nregistering jurisdiction, for a vehicle, means:\n(a) the jurisdiction in which the vehicle is registered; or\n(b) for an unregistered vehicle that was previously registered –\nthe jurisdiction in which the vehicle was last registered.\n","sortOrder":113},{"sectionNumber":"60B","sectionType":"section","heading":"Determination of GCM","content":"60B Determination of GCM\n(1) Subject to subsection (2), the GCM or gross combination mass of a\nmotor vehicle is:\n(a) the GCM stated on the RAV for the motor vehicle; or\n(b) if the GCM is not stated on the RAV – the GCM stated by the\nmotor vehicle's manufacturer on the identification device\nattached to the motor vehicle; or\n(c) if the GCM is not stated as specified in paragraph (a) or (b), or\nthe motor vehicle's manufacturer has amended the GCM – the\nGCM certified by the motor vehicle's manufacturer.\n\nMotor Vehicles Act 1949 67\n(2) If a circumstance specified in subsection (3) applies in relation to a\nmotor vehicle, the GCM or gross combination mass of the motor\nvehicle is:\n(a) for a motor vehicle that is registered in a State, another\nTerritory or another country or an unregistered motor vehicle\nthat was previously registered – the GCM accepted by the\nvehicle registration authority in the registering jurisdiction; or\n(b) for any other motor vehicle or for a motor vehicle mentioned in\nparagraph (a) in relation to which the Registrar cannot\nreasonably ascertain the accepted GCM – the GCM recorded\nby the Registrar.\n(3) For subsection (2), the following circumstances are specified:\n(a) the GCM of the motor vehicle is not stated or certified as\nspecified in subsection (1)(a), (b) or (c);\n(b) the GCM of the motor vehicle determined under\nsubsection (1)(a), (b) or (c) is no longer appropriate for the\nmotor vehicle because the motor vehicle has been modified in\naccordance with the laws of the registering jurisdiction.\nregistering jurisdiction, for a motor vehicle, means:\n(a) the jurisdiction in which the motor vehicle is registered; or\n(b) for an unregistered motor vehicle that was previously\nregistered – the jurisdiction in which the motor vehicle was last\nregistered.\n","sortOrder":114},{"sectionNumber":"61","sectionType":"section","heading":"Determination of mass of vehicle","content":"61 Determination of mass of vehicle\nSubject to section 62, for the purposes of Part 5A and the\nStandards:\n(a) the mass supported on a part of a vehicle;\n(b) the tare mass of a vehicle; or\n(c) the laden mass of a vehicle,\n\nMotor Vehicles Act 1949 68\nshall be deemed to be that mass determined by weighing the\nvehicle, or part of the vehicle, as the case may be:\n(d) on a weighbridge that has been verified under section 18GG\nof the National Measurement Act 1960 (Cth); or\n(e) by the use of a weighing device which has been tested, found\naccurate and sealed in accordance with section 63.\n","sortOrder":115},{"sectionNumber":"62","sectionType":"section","heading":"Determination of laden mass of vehicle, wheel load and load","content":"62 Determination of laden mass of vehicle, wheel load and load\non tyre\n(1) The laden mass of a vehicle shall be deemed to be:\n(a) where all the wheels of the vehicle are weighed\nsimultaneously on a weighing machine or weighing machines,\nthe mass shown by the weighing machine or the total of the\nmasses shown by the weighing machines, as the case may\nbe; or\n(b) in any other case, the aggregate of the axle loads on the axles\nor group of axles of the vehicle.\n(2) The wheel load on a wheel of a vehicle shall be deemed to be the\nload on the axle to which the wheel is attached, divided by the\nnumber of wheels attached to the axle.\n(3) The load on a tyre of a vehicle shall be deemed to be the axle load\non the axle to which the wheel with the tyre is attached, divided by\nthe number of tyres on the wheels attached to that axle.\n","sortOrder":116},{"sectionNumber":"63","sectionType":"section","heading":"Testing weighing machines","content":"63 Testing weighing machines\n(1) For the purposes of section 61, an officer shall not use a weighing\nmachine other than a weighing machine which has been tested,\nfound accurate and sealed, and in respect of which a certificate has\nbeen issued and kept, in accordance with the requirements of this\nsection.\n(2) The requirements of this section with respect to testing, finding\naccurate and sealing a weighing machine, and issuing and keeping\na certificate in respect of the weighing machine, shall be as follows:\n(a) in respect of a weighing machine that is a weighbridge – the\nweighbridge must be tested by a servicing licensee or trade\nmeasurement inspector under the National Measurement\nAct 1960 (Cth);\n\nMotor Vehicles Act 1949 69\n(b) in respect of a weighing machine which is a weighing device –\nthe weighing device shall be tested by an officer appointed for\nthat purpose by the Registrar;\n(c) the weighing machine shall be tested at intervals of not more\nthan 12 months;\n(d) if the weighing machine has been tested and found accurate,\nit shall be sealed with a seal which prevents the mechanism of\nthat weighing machine from being tampered or interfered with\nwhile the seal is unbroken; and\n(e) a certificate shall be issued in respect of each test carried out\non the weighing machine and, in respect of each such test, the\ncertificate shall include particulars of:\n(i) the identifying number of that weighing machine;\n(ii) the date on which the test was made;\n(iii) the result of the test; and\n(iv) the signature of the person conducting the test.\n(3) A copy of a certificate referred to in subsection (2)(e) shall be\nadmissible as evidence as a record of the particulars referred to in\nthat subsection without proof of the signature of the person by\nwhom it purports to have been signed or of the fact that that person:\n(a) where the certificate relates to a weighing machine that is a\nweighbridge – is a servicing licensee or trade measurement\ninspector under the National Measurement Act 1960 (Cth); or\n(b) where the certificate relates to a weighing machine which is a\nweighing device – is a person appointed under\nsubsection (2)(b).\n","sortOrder":117},{"sectionNumber":"64","sectionType":"section","heading":"Powers of officers for purposes of Part 5A and Standards","content":"64 Powers of officers for purposes of Part 5A and Standards\nFor the purposes of Part 5A and the Standards, an officer may\nrequire the driver of a vehicle:\n(a) to stop the vehicle;\n(b) to give information concerning the mass of the vehicle and the\nload, if any, on that vehicle;\n\nMotor Vehicles Act 1949 70\n(c) to state his name and place of abode;\n(d) to drive or cause that vehicle to be driven to, and weighed at,\na weighbridge or weighing station situated:\n(i) within 30 kilometres of the place where the officer makes\nthat requirement; or\n(ii) within 30 kilometres of any place on the forward journey\nplanned for that vehicle;\n(e) to permit the officer to measure and examine the vehicle, its\nwheels, tyres and load;\n(f) to permit the officer to weigh:\n(i) the load on a tyre;\n(ii) the wheel load on a wheel;\n(iii) the axle load on an axle; and\n(iv) the laden mass,\nof the vehicle;\n(g) to produce to the officer such books, records, licences,\nexemptions under section 59 and other documents, relating to\nthe registration or operation of the vehicle or the licensing of\nthe driver, as are in that driver's possession or within his\ncontrol, and to permit that officer to record any particulars set\nout in such books, records, licences, exemptions under\nsection 59, and other documents; or\n(h) whom the officer, after the vehicle and its load have been\nweighed in pursuance of paragraph (d) or (f), considers to\nhave committed an offence against Part 5A or the Standards,\nto take measures to prevent the further commission of that\noffence and, after taking such measures, to have that vehicle\nand its load weighed at a weighbridge or weighing station\nnominated by that officer and within the period specified by\nthat officer at the time of making that requirement.\n","sortOrder":118},{"sectionNumber":"65","sectionType":"section","heading":"Person to comply with requirements, &c., of officers","content":"65 Person to comply with requirements, &c., of officers\n(1) A person shall not fail or neglect to comply with a requirement\nmade under section 64(a), (d), (e), (f) or (h) by an officer.\nMaximum penalty: 8 penalty units or imprisonment for 2 years.\n\nMotor Vehicles Act 1949 71\n(2) A person shall not:\n(a) fail or neglect to comply with a requirement made under\nsection 64(b), (c) or (g) by an officer;\n(b) when lawfully required to state his name and place of abode\nby an officer, state a false name or place of abode to the\nofficer;\n(c) when lawfully required by an officer to give information, give\nfalse or misleading information to the officer;\n(d) use obscene language to an officer;\n(e) assault, resist or obstruct an officer in the exercise of his\npowers under this Act; or\n(f) impersonate an officer.\n","sortOrder":119},{"sectionNumber":"66","sectionType":"section","heading":"Evidence","content":"66 Evidence\n(1) In a prosecution for an offence against Part 5A or the Standards, an\naverment in the information or the complaint:\n(a) that a specified mass was, at the time the mass was\ndetermined:\n(i) the load on a tyre of a vehicle;\n(ii) the wheel load on a wheel of a vehicle;\n(iii) the axle load on an axle of a vehicle; or\n(iv) the laden mass of a vehicle;\n(b) that the mass was determined as specified in Part 5C; and\n(c) if a weighing machine was used to determine a mass, that the\nweighing machine had, not more than 12 months before the\ndate when the mass was determined, been tested, found\naccurate and sealed in accordance with section 63,\nshall be evidence of the matter averred.\n\nMotor Vehicles Act 1949 72\n(2) In a prosecution for an offence against Part 5A or the Standards, an\naverment in the information or the complaint that a specified\nmeasurement was, at the time the measurement was determined:\n(a) the height of a vehicle;\n(b) the width of a vehicle; or\n(c) the length of a vehicle,\nshall be evidence of the matter averred.\n(3) In a prosecution for an offence against Part 5A or the Standards, an\naverment in the information or the complaint that a tyre was a\npneumatic tyre shall be evidence of the matter averred.\n","sortOrder":120},{"sectionNumber":"67","sectionType":"section","heading":"Liability of owner, operator and actual offender","content":"67 Liability of owner, operator and actual offender\n(1) Subject to subsection (2), where a vehicle is driven in contravention\nof Part 5A or the Standards, the owner, the operator and the driver\nof the vehicle at the time it was so driven shall each be guilty of the\noffence in respect of that contravention and liable on being found\nguilty to the penalty provided for the offence.\n(2) It is a defence to a prosecution against the owner of a vehicle for an\noffence referred to in subsection (1) if the owner of the vehicle\nsatisfies the court that the vehicle was being driven or operated at\nthe time of the alleged offence without his or her express or implied\nauthority.\n(3) It is a defence to a prosecution against the operator of a vehicle for\nan offence referred to subsection (1) if the operator of the vehicle\nsatisfies the court that the vehicle was being driven at the time of\nthe alleged offence without his or her express or implied authority.\n","sortOrder":121},{"sectionNumber":"92","sectionType":"section","heading":"Application for registration and licences","content":"92 Application for registration and licences\n(1) An application for the registration of a motor vehicle, or the renewal\nor transfer of the registration of a motor vehicle, or for a permit\nunder section 107B, or for a licence or the renewal of a licence,\nshall be lodged with the Registrar, and shall set out the full name\nand address of the applicant and any other particulars required by\nthe Registrar including, in relation to any motor vehicle referred to in\nthe application, the type, make, engine number, vehicle\nidentification number, description of the body, and, in relation to a\nvehicle to which the Road Transport Charges Laws apply, each\nconfiguration in which the vehicle is to be used during the\n\nMotor Vehicles Act 1949 73\nregistration period.\n(2) Upon receipt of the application, the Registrar may:\n(aa) require the applicant to provide further information to support\nthe application;\n(a) by notice to the applicant, require him to attend at his office on\nthe date specified in the notice; or\n(b) require the applicant to furnish to him a statutory declaration\nsetting forth:\n(i) the full name and address of the owner of the motor\nvehicle and of the person from whom the motor vehicle\nwas purchased or acquired; and\n(ii) particulars of the type, make, and date of purchase or\nacquisition of the vehicle and such other particulars as\nthe Registrar requires.\n(3) The Registrar may require an applicant for a licence or the renewal\nof a licence under section 10, to furnish a statutory declaration in\nrelation to the particulars set out in his application under\n","sortOrder":122},{"sectionNumber":"92A","sectionType":"section","heading":"Nomination of operator of vehicle","content":"92A Nomination of operator of vehicle\nThe owner of a vehicle may nominate a person to be the operator\nof the vehicle:\n(a) when applying for the registration or the renewal or transfer of\nthe registration of the vehicle – by setting out in the application\nthe full name and address of the operator and any other\nparticulars required by the Registrar; or\n(b) at any time during a period of registration of the vehicle – by\ncompleting the approved form and lodging it with the\n","sortOrder":123},{"sectionNumber":"93","sectionType":"section","heading":"Registration and issue of permits in case of joint owners and","content":"93 Registration and issue of permits in case of joint owners and\ncompanies\nRegistration of a motor vehicle, a transfer of the registration of a\nmotor vehicle, an amendment to the registration of a motor vehicle\nunder section 107A or the issue of a permit in relation to a motor\nvehicle under section 107B, on behalf of a co-partnership or\ncompany may be applied for by, or granted to any partner of the\nco-partnership, or the secretary or manager of the company, as the\ncase may be.\n\nMotor Vehicles Act 1949 74\n","sortOrder":124},{"sectionNumber":"95","sectionType":"section","heading":"Change of address","content":"95 Change of address\n(1) A person to whom a certificate of registration, a licence or a permit\nhas been granted must give notice of any change of the person's\naddress to the Registrar.\n(2) Notice under subsection (1) must be given within 14 days of the\nchange.\n","sortOrder":125},{"sectionNumber":"96","sectionType":"section","heading":"Lost certificate, licence or permit","content":"96 Lost certificate, licence or permit\n(1) Whenever a certificate of registration, a licence or a permit has\nbeen lost or destroyed, the owner, the licensee or the holder of the\npermit shall forward to the Registrar a statutory declaration of the\nloss or destruction.\n(2) The Registrar shall, if he has no reason to believe that improper\nuse has been or is being made of the certificate, licence or permit,\nand upon payment by the owner, licensee or holder of the permit, of\nthe prescribed fee, issue to him a certified copy of such certificate,\nlicence or permit which shall be of the same force and effect as the\noriginal certificate, licence or permit.\n","sortOrder":126},{"sectionNumber":"97","sectionType":"section","heading":"Production of certificate, licence or permit","content":"97 Production of certificate, licence or permit\nDespite any other provision of this Act, a person who has been\ngranted a certificate of registration, licence or permit must, on\ndemand by the Registrar:\n(a) within 7 days – produce the certificate, licence or permit at the\noffice of the Registrar for inspection or endorsement; and\n(b) provide the Registrar with the particulars in relation to the\ncertificate, licence or permit that the Registrar requires.\n","sortOrder":127},{"sectionNumber":"98","sectionType":"section","heading":"Return of certificate, licence or permit upon cancellation","content":"98 Return of certificate, licence or permit upon cancellation\n(1) A person to whom a certificate of registration or a licence has been\ngranted shall, forthwith upon receipt of a notification of the\nsuspension or cancellation of the registration or licence:\n(a) return to the Registrar:\n(i) the certificate of registration or the licence, as the case\nmay be; and\n(ii) every number plate issued by the Registrar in\nconnection with the registration or licence, but not\nincluding any number plate which has already been\nreturned to the Registrar; or\n\nMotor Vehicles Act 1949 75\n(b) furnish to the Registrar a satisfactory reason for his failure to\ndo so.\n(2) A person to whom a permit has been issued under section 107B\nshall, upon cancellation or suspension of the permit, return it to the\nRegistrar, or furnish to the Registrar a satisfactory reason for his\nfailure to do so.\n(3) A court finding a person guilty for an offence against subsection (1)\nmay make an order directing:\n(a) that the person return to the Registrar within the period\nspecified for that purpose in the order, any number plate in\nrespect of which the offence is proved; and\n(b) that, in case of the person's neglect or refusal to do so, he\nshall be imprisoned for such time not exceeding 6 months as\nis specified for that purpose in the order.\n","sortOrder":128},{"sectionNumber":"100","sectionType":"section","heading":"Defaced certificate, licence or permit","content":"100 Defaced certificate, licence or permit\n(1) A person shall not:\n(a) deface his certificate of registration, licence or permit; or\n(b) lend or part with any such certificate, licence or permit.\n(2) Any such certificate, licence or permit which becomes defaced shall\nbe void.\n(3) The holder of a certificate, licence or permit which is void by reason\nonly of defacement may obtain a new certificate, licence or permit\non returning to the Registrar the defaced certificate, licence or\npermit and paying the prescribed fee.\n","sortOrder":129},{"sectionNumber":"101","sectionType":"section","heading":"Identification requirements for motor vehicles and trailers","content":"101 Identification requirements for motor vehicles and trailers\n(1) Subject to subsection (3), the identification requirements for a motor\nvehicle are as follows:\n(a) for a motor vehicle that was manufactured on or before\n1 January 1971 – the motor vehicle has a vehicle identification\nnumber;\n(b) for a motor vehicle that was manufactured during the period\nfrom 2 January 1971 to 1 August 1989, the motor vehicle:\n\nMotor Vehicles Act 1949 76\n(ii) has a compliance plate that was placed on the motor\nvehicle in accordance with an approval by the body\nknown as the Australian Motor Vehicle\nCertification Board;\n(c) for a motor vehicle that was manufactured during the period\nfrom 2 August 1989 to the RVSA commencement date, the\nmotor vehicle:\n(ii) has a plate or label that was placed on the motor vehicle\nin accordance with an approval given under the repealed\nAct before its repeal;\n(d) for a motor vehicle that was manufactured after the RVSA\ncommencement date, either:\n(i) the motor vehicle:\n(A) has been entered on the RAV; and\n(B) has a vehicle identification number; and\n(C) has a plate or label identifying the motor vehicle\nthat was placed on it in accordance with\nrequirements under the Road Vehicle Standards\nAct 2018 (Cth); or\n(ii) the motor vehicle:\n(A) has a vehicle identification number; and\n(B) has a plate or label that was placed on the motor\nvehicle in accordance with an approval mentioned\nin the transitional Act provisions.\n(2) Subject to subsection (3), the identification requirements for a trailer\nare as follows:\n(a) for a trailer that was manufactured on or\nbefore 1 August 1989 – the trailer has a vehicle identification\nnumber;\n(b) for a trailer that was manufactured during the period from\n2 August 1989 to the RVSA commencement date, the trailer:\n\nMotor Vehicles Act 1949 77\n(ii) has a plate or label that was placed on the trailer in\naccordance with an approval given under the repealed\nAct before its repeal;\n(c) for a trailer that was manufactured after the RVSA\ncommencement date, either:\n(i) the trailer:\n(A) has been entered on the RAV; and\n(B) has a vehicle identification number; and\n(C) has a plate or label identifying the trailer that was\nplaced on the trailer in accordance with\nrequirements under the Road Vehicle Standards\nAct 2018 (Cth); or\n(ii) the trailer:\n(A) has a vehicle identification number; and\n(B) has a plate or label that was placed on the trailer in\naccordance with an approval mentioned in the\ntransitional Act provisions.\n(3) The identification requirement for a special vehicle is that it has a\nvehicle identification number.\nrepealed Act means the Motor Vehicle Standards Act 1989 (Cth)\n(repealed).\nRVSA commencement date means the day on which section 15 of\nthe Road Vehicle Standards Act 2018 (Cth) commences.\nspecial vehicle means a vehicle that is not a road vehicle as\ndefined in section 6 of the Road Vehicle Standards Act 2018 (Cth).\ntransitional Act provisions means Schedule 3, Part 3, Division 1\nof the Road Vehicle Standards (Consequential and Transitional\nProvisions) Act 2018 (Cth).\n101AA Allocation, marking and interference with vehicle identification\nnumbers\n(1) The Registrar may allot a number to a motor vehicle or trailer if the\nmotor vehicle or trailer does not have a vehicle identifier.\n\nMotor Vehicles Act 1949 78\n(2) The owner of the motor vehicle or trailer must permanently mark\nthe number allotted by the Registrar under subsection (1) on the\nmotor vehicle or trailer in accordance with any directions of the\n(3) Except in accordance with the Regulations or a written approval\nfrom the Registrar, a person must not:\n(a) remove a vehicle identification number or identification device\nfrom a motor vehicle or trailer; or\n(b) alter or interfere with a vehicle identification number on, or\nidentification device attached to, a motor vehicle or trailer.\n(4) A person must not mark a vehicle identification number on a motor\nvehicle or trailer other than in accordance with:\n(a) a direction of the Registrar given under subsection (2); or\n(b) the vehicle marking requirements under the Road Vehicle\nStandards Act 2018 (Cth).\n","sortOrder":130},{"sectionNumber":"101A","sectionType":"section","heading":"Holders of interstate licences","content":"101A Holders of interstate licences\n(1) The Registrar shall not grant a licence under section 10 to a person\nif the person holds a licence (or equivalent) to drive a motor vehicle\ngranted under a law of a State or another Territory of the\nCommonwealth unless the person delivers to the Registrar:\n(a) the licence (or equivalent) granted under that other law; and\n(b) a written request for the cancellation of that licence (or\nequivalent) addressed to the person who or body which\ngranted it.\n(2) Where a person who holds a licence granted under section 10 is\ngranted a licence (or equivalent) to drive a motor vehicle under a\nlaw of a State or another Territory of the Commonwealth:\n(a) the person's licence granted under section 10 shall, by force\nof this section, be cancelled on and from the date the licence\n(or equivalent) is granted under that other law; and\n(b) the person shall:\n(i) immediately notify the Registrar of the grant of the other\nlicence (or equivalent); and\n(ii) surrender the licence granted under section 10 to the\n\nMotor Vehicles Act 1949 79\n","sortOrder":131},{"sectionNumber":"101B","sectionType":"section","heading":"Revocation or suspension of entitlement to drive of holder of","content":"101B Revocation or suspension of entitlement to drive of holder of\ninterstate licence, &c.\nThe Registrar may, by a notice in writing, revoke, or suspend for the\nperiod that the Registrar thinks fit, the entitlement to drive a motor\nvehicle of a person who holds:\n(a) a licence or permit to drive a motor vehicle granted under a\nlaw of another country, a State or another Territory of the\nCommonwealth; or\n(b) a current international driving permit,\nif, in the opinion of the Registrar, having regard to:\n(c) the mental or physical condition, disorder or disability of the\nperson; or\n(d) the person's previous conduct,\nthe public will be, or is likely to be, placed at risk by the person\ncontinuing to drive a motor vehicle.\n","sortOrder":132},{"sectionNumber":"102","sectionType":"section","heading":"Refusal, cancellation or suspension of authorities","content":"102 Refusal, cancellation or suspension of authorities\n(1) Subject to this Act, section 62(2A) of the Fines and Penalties\n(Recovery) Act 2001 and to any directions of the Minister, the grant\nor renewal or transfer of any licence, permit or registration is to be\nin the discretion of the Registrar.\nNote for subsection (1)\nRecovery Unit may determine that the Registrar is to cease to perform a number\nof functions under this Act, including in relation to:\n(a) the grant or renewal of a person's licence; and\n(b) the grant or renewal of the registration of a motor vehicle owned by a\n(2) Without affecting the generality of subsection (1) the Registrar may,\nsubject to any directions of the Minister:\n(a) refuse to grant a licence to any person who has been found\nguilty of driving or attempting to drive a motor vehicle while\nunder the influence of intoxicating liquor or of negligently or\nrecklessly driving a motor vehicle, or who, in the Registrar's\nopinion, is unfit to hold a licence; or\n\nMotor Vehicles Act 1949 80\n(aa) refuse to grant a licence to or renew the licence of a person,\nor may cancel a licence of a person, where the person is not,\nor does not have a genuine intention of, residing in the\nTerritory; or\n(ab) refuse to grant a licence to or renew the licence of a company,\nor may cancel a licence of a company, where the company is\nnot incorporated or taken to be incorporated under the\nCorporations Act 2001 or is not a foreign company within the\nmeaning of that Act; or\n(ac) refuse to register or renew the registration of a motor vehicle\nor trailer, or cancel the registration of a motor vehicle or trailer,\nin the following circumstances:\n(i) if the owner is an individual – the owner is not able to\nsatisfy the Registrar that the owner is, or has a genuine\nintention of, residing in the Territory;\n(ii) if the owner is a body corporate incorporated or taken to\nbe incorporated under the Corporations Act 2001 or is a\nforeign company as defined in section 9 of that Act – the\nowner is not able to satisfy the Registrar that the vehicle\nor trailer is to be used primarily in the Territory or that\nthere is an operational base for the vehicle or trailer in\nthe Territory; or\n(b) cancel, or suspend or restrict the use of, for such period as the\nRegistrar thinks fit, a licence granted to a person where, in the\nopinion of the Registrar, the person is unfit to hold a licence or\na licence with unrestricted use, having regard to:\n(i) the person's finding of guilt for an offence in the Territory\nor in a State or another Territory of the Commonwealth;\nor\n(ii) the person's age; or\n(iii) any mental or physical condition, disorder or disability of\nthe person; or\n(ba) cancel a licence, a permit or the registration of a motor vehicle\nor trailer where the Registrar is satisfied it was obtained by\nfraud or deception; or\n\nMotor Vehicles Act 1949 81\n(c) refuse to register or to renew the registration of, or cancel or\nsuspend for any period the Registrar thinks fit the registration\nof, a motor vehicle or trailer that:\n(i) does not comply with the requirements of Schedule 4\nand the Standards; or\n(ii) does not comply with the identification requirements\nspecified in section 101; or\n(iii) cannot reasonably, in the opinion of the Registrar, be\nrelied on to operate without being a source of danger or\nannoyance to a person, or a source of damage to public\nstreets, due to its condition, design or construction; or\n(d) cancel or suspend for such period as the Registrar thinks fit\nany motor vehicle trader's licence; or\n(da) suspend, for such period as the Registrar thinks fit, a licence\ngranted under section 10 to a person to drive a commercial\npassenger vehicle of the class specified in the licence where,\nin the opinion of the Registrar, having regard to any:\n(i) mental or physical condition, disorder or disability; or\n(ii) previous conduct,\nof the person the public will be, or is likely to be, placed at risk\nby that person continuing to drive such a vehicle; or\n(db) suspend, for such period not exceeding 4 weeks as the\nRegistrar thinks fit, a licence granted under section 10 to a\nperson to drive a commercial passenger vehicle of the class\nspecified in the licence where the Registrar is satisfied that the\nperson has contravened or failed to comply with this Act or the\nRegulations in respect of the person driving a commercial\npassenger vehicle of that class; or\n(e) cancel or suspend a permit issued under section 107B, where\nthe vehicle is driven in contravention of section 107, or cancel\nor suspend a permit issued under section 137B where the\nvehicle is driven in contravention of section 137B; or\n(f) cancel the registration of, or the licence or permit issued in\nrespect of, any motor vehicle or trailer which was, in the\nopinion of the Registrar, registered in error or where the\nlicence or permit was issued in error or in any case where:\n(i) the motor vehicle or trailer is destroyed by accident; or\n\nMotor Vehicles Act 1949 82\n(ii) application is made by the person in whose name the\nvehicle or trailer is registered, or the licence or permit is\nissued, for the cancellation of the registration, licence or\npermit; or\n(iii) the vehicle or trailer is re-registered on account of an\nalteration in the construction, equipment or use thereof\nor an amendment to the registration is made under\nsection 107A.\n(2AA) The Registrar must not grant or renew a licence to drive a\ncommercial passenger vehicle if the applicant has been convicted\nof a disqualifying offence.\n(2AB) Subsection (2AA):\n(a) applies regardless of when the offence was committed and\ndespite subsection (2); but\n(b) does not apply if:\n(i) the applicant's criminal record for the conviction is a\nspent record within the meaning of the Criminal Records\n(Spent Convictions) Act 1992; or\n(ii) the applicant was discharged without any penalty being\nimposed for the conviction.\n(2AC) Subsection (2AA) does not apply to the renewal of a person's\nlicence in relation to the person's conviction of a disqualifying\noffence if:\n(a) the Chief Executive Officer has previously decided under this\nAct the person may hold, or continue to hold, the licence\ndespite the conviction; or\n(b) the Local Court has, after the commencement of this\nsubsection, decided under this Act the person may hold, or\ncontinue to hold, the licence despite the conviction.\n(3) Any licence, permit or registration cancelled under this section shall\nbe of no effect, and any licence, permit or registration suspended\nunder this section shall cease to be of any effect during the period\nof suspension.\n(3A) Any licence or registration suspended by the Fines Recovery Unit\nunder Part 5, Division 7 of the Fines and Penalties (Recovery)\nAct 2001 is taken to have been suspended under this section, but\nnotice of the suspension is not required to be given under\nsubsection (7).\n\nMotor Vehicles Act 1949 83\n(4) A person shall not, upon the cancellation or suspension of a motor\nvehicle trader's licence, use or cause or permit to be used any\ntrader's plate referred to in the licence.\n(5) The Registrar may, subject to any direction of the Minister, take\nsuch action as the Registrar thinks fit:\n(a) for the purpose of determining whether a licence, permit or the\nregistration of a motor vehicle or trailer should be cancelled or\nsuspended; and\n(b) for preventing the driving on public streets of any motor\nvehicle or trailer that in the opinion of the Registrar, due to its\ncondition, design or construction, cannot reasonably be relied\non to operate without being a source of danger or annoyance\nto a person or a source of damage to public streets.\n(5A) The Registrar may, subject to any direction of the Minister, grant or\nrenew a licence under section 10 subject to such conditions as are\nprescribed or as the Registrar thinks fit.\n(5B) The Registrar may cancel a licence, permit or registration granted\nor renewed under:\n(a) this Act; or\n(b) any other Act by or under which the Registrar is empowered to\ngrant or renew a licence to a person or to register a motor\nvehicle or trailer;\nwhere an amount required to be paid under the Act in respect of the\ngrant or renewal is paid by cheque and the cheque is dishonoured\nwhen duly presented for payment.\n(6) A cancellation or suspension of a licence to drive a commercial\npassenger vehicle takes effect 7 days after the day of the decision\nof the cancellation or suspension.\n(7) The Registrar must give written notice of a decision, or action\ntaken, under this section to the person in relation to whom the\ndecision is made or the action is taken.\n(8) The Territory is not liable for any loss or damage suffered by a\nperson because of a decision under this section.\n\nMotor Vehicles Act 1949 84\n102AAA Cancellation of licence to drive commercial passenger vehicle\nfor disqualifying offence\n(1) The Registrar must cancel the licence of a licensee to drive a\ncommercial passenger vehicle on becoming aware the licensee\nwas convicted of a disqualifying offence (whether or not the\nconviction occurred after the commencement of this section).\n(2) Subsection (1) does not apply if:\n(a) the licensee's criminal record for the conviction is a spent\nrecord within the meaning of the Criminal Records (Spent\nConvictions) Act 1992; or\n(b) the licensee was discharged without any penalty being\nimposed for the conviction.\n(3) If the conviction occurs on or after the commencement of this\nsection, subsection (1) does not apply if:\n(a) the Chief Executive Officer has previously decided under this\nAct the licensee may hold, or continue to hold, the licence\ndespite the conviction; or\n(b) the Local Court has previously decided under this Act the\nlicensee may hold, or continue to hold, the licence despite the\nconviction.\n(4) If the conviction occurred before the commencement of this section,\nsubsection (1) applies:\n(a) whether or not the Registrar had previously decided under this\nAct the licensee may hold, or continue to hold, the licence\ndespite the conviction; and\n(b) whether or not the Local Court had previously decided under\nthis Act the licensee may hold, or continue to hold, the licence\ndespite the conviction; and\n(c) whether or not the conviction had otherwise been taken into\naccount in any decision under this Act to grant the licence to\nthe licensee or renew the licence.\n(5) The Registrar must give written notice to the licensee of the\n(6) The cancellation takes effect 7 days after the day of the decision.\n(7) The lodging of an appeal against the conviction does not affect the\noperation of this section.\n\nMotor Vehicles Act 1949 85\n(8) However, if the appeal is successful, the licence is taken to be in\nforce again on the decision on the appeal.\n(9) The Territory is not liable for any loss or damage suffered by the\nlicensee because of the decision.\n(10) This section applies despite section 102.\n102AAB Suspension of licence to drive commercial passenger vehicle\nfor disqualifying offence\n(1) If a licensee under a licence to drive a commercial passenger\nvehicle is charged with a disqualifying offence, the Registrar may\nsuspend the licence for the period the Registrar considers\nappropriate.\n(2) The Registrar must give written notice to the licensee of the\n(3) The suspension takes effect 7 days after the day of the decision.\n(4) If the licensee is not convicted of the disqualifying offence, the\nlicence is taken to be in force again on the decision on the charge.\n(5) The Territory is not liable for any loss or damage suffered by the\nlicensee because of the decision.\n(6) This section applies despite section 102.\n102AAC Reviews by Chief Executive Officer for disqualifying offences\n(1) This section applies to a person if:\n(a) under section 102(2AA), the Registrar refuses the person's\napplication for a licence or the renewal of a licence to drive a\ncommercial passenger vehicle because the person has been\nconvicted of a disqualifying offence; or\n(b) under section 102AAA, the Registrar cancels the person's\nlicence to drive a commercial passenger vehicle because the\nperson has been convicted of a disqualifying offence; or\n(c) under section 102AAB, the Registrar suspends the person's\nlicence to drive a commercial passenger vehicle because the\nperson has been charged with a disqualifying offence.\n\nMotor Vehicles Act 1949 86\n(2) The person may request the Chief Executive Officer to review the\ndecision to decide whether there are any exceptional circumstances\nthat warrant the person holding, or continuing to hold, a licence to\ndrive a commercial passenger vehicle despite the conviction or\ncharge.\n(3) The request must:\n(a) be made within 28 days after the person receives notice of the\nRegistrar's decision; and\n(b) state the circumstances the person considers to be\nexceptional as referred to in subsection (2).\n(4) On the review, the Chief Executive Officer must decide to confirm\nor revoke the Registrar's decision.\n(5) The Chief Executive Officer must give the person written notice of\nthe Chief Executive Officer's decision and the reasons for it.\n(6) On and after the revocation of the cancellation or suspension by the\nChief Executive Officer, the person's licence is taken to be in force\nagain.\n(7) If the Chief Executive Officer acts with reasonable timeliness in\nrelation to the review of the cancellation or suspension of a person's\nlicence, the Territory is not liable for any loss or damage suffered by\nthe person because of the cancellation or suspension.\n(8) If:\n(a) the Chief Executive Officer revokes the Registrar's decision to\nrefuse an application referred to in subsection (1)(a); and\n(b) the Registrar did not refuse the application because of one or\nmore provisions in this Act (other than section 102(2AA)) or\nthe Regulations,\nthe Chief Executive Officer must substitute the Registrar's decision\nfor the application and direct the Registrar to grant the licence to\nthe person or renew the person's licence (as the case requires).\n(9) The Registrar must comply with the request as soon as possible.\n(10) The Chief Executive Officer may make procedural guidelines for\nreviews under this section.\n\nMotor Vehicles Act 1949 87\n102AAD Appeal to Local Court\n(1) This section applies to a person (the aggrieved person) who is\naggrieved by:\n(a) a decision under section 102 to refuse to grant, transfer or\nrenew a licence, permit or registration other than a refusal\nunder section 102(2AA); or\n(b) a decision under section 102 to cancel, suspend or restrict the\nuse of a licence to drive a commercial passenger vehicle; or\n(c) a decision under section 102 to impose a condition on a\nlicence granted or renewed under section 10; or\n(d) a decision under section 102AAC confirming:\n(i) the Registrar's decision to refuse to grant or renew a\nlicence to drive a commercial passenger vehicle; or\n(ii) the Registrar's decision to suspend a licence to drive a\ncommercial passenger vehicle; or\n(iii) the cancellation of a licence to drive a commercial\npassenger vehicle; or\n(e) a decision under regulation 9A(1) of the Motor Vehicles\nRegulations 1977 to refuse to grant or renew a licence to drive\na commercial passenger vehicle.\n(2) The aggrieved person may appeal to the Local Court against the\n(3) If a person is entitled to have a decision reviewed under\nsection 102AAC, the person must first exhaust the remedy under\nthat section before applying under subsection (1) in relation to the\n(4) Without limiting subsection (3), the person must first exhaust the\nremedy under section 102AAC before applying under\nsubsection (1) if:\n(a) the person may seek a review under section 102AAC of a\ndecision arising from a particular provision in this Act (for\nexample, a refusal to grant a licence to the person because of\nsection 102(2AA)); and\n\nMotor Vehicles Act 1949 88\n(b) the person may also apply under subsection (1) in relation to\nthe decision because it also arose from another provision in\nthis Act (for example, if the refusal is also based on\nregulation 9A(a)(i) of the Motor Vehicles Regulations 1977.\n(5) The application for the appeal must be made:\n(a) within 28 days after:\n(i) if subsection (3) does not apply – notice of the decision\nis given to the person; or\n(ii) if subsection (3) applies – notice of the decision under\nsection 102AAC is given to the person; or\n(b) as otherwise decided by the Court if satisfied it is just and\nreasonable to do so in the circumstances.\n(6) The appeal must be by way of hearing de novo.\n(7) The Court must confirm the decision, or revoke it and substitute its\nown decision.\n(8) At the hearing of the appeal, the Court may make an order about\ncosts it considers appropriate.\n102AA Applications made by certain offenders\n(1) In this section:\napproved course means the relevant course of education and\ntraining relating to the problems arising from driving a motor vehicle\nwhile affected by alcohol or a drug:\n(a) approved by the Registrar in relation to the kind of offence in\nquestion; or\n(b) accredited by a person or body approved by the Registrar.\napproved treatment means an intervention course, the object of\nwhich is to promote responsible driver behaviour and raise\nawareness of the risks associated with driving while affected by\nalcohol or a drug:\n(a) approved by the Registrar; or\n(b) accredited by a person or body approved by the Registrar.\ncolumn means a column in the Table.\n\nMotor Vehicles Act 1949 89\ncommercial passenger vehicle has the same meaning as in the\nheavy vehicle means a motor vehicle having a gross vehicle mass\nexceeding 15 tonnes.\nitem means an item in the Table.\norder means:\n(a) a conviction or finding of guilt; or\n(b) a dismissal of a charge under section 10 of the Sentencing\nAct 1995; or\n(c) a community correction order made under the Sentencing\nAct 1995 without recording a conviction; or\n(d) an order made under section 11 of the Sentencing Act 1995\nas in force before the commencement of Part 2 of the\nSentencing and Other Legislation Amendment Act 2022.\nTable means the Table to this section.\n(2) In items 1 to 4 (inclusive) motor vehicle does not include a\ncommercial passenger vehicle or a heavy vehicle.\n(3) In item 5 motor vehicle means a commercial passenger vehicle or\na heavy vehicle.\n(4) This section is in addition to and not in derogation of the other\nprovisions of this Act.\n(5) Subject to subsections (6) and (7), the Registrar shall refuse to\ngrant a licence or a licence of a class of licence on an application\nmade by a person after an order has been made against that\nperson in relation to an offence punishable under a provision of the\nTraffic Act 1987 specified in column 1 and briefly described\nopposite in column 2 unless the Registrar is satisfied with respect to\nthe matters specified opposite in column 3 in relation to the\napplicant.\n(6) A person to whom item 4 or 5 applies who desires to obtain the\napproval of the Local Court for the purposes of making an\napplication for a licence to drive a commercial passenger vehicle or\na heavy vehicle shall not apply for that approval earlier than\n3 months before the expiration of the period for which his or her\nlicence is cancelled.\n\nMotor Vehicles Act 1949 90\n(7) For the purposes of considering an application made under\nsubsection (6), the Court shall:\n(a) consider the report (if any) made to the Court by the Registrar\nor the Commissioner of the Police Force with respect to any\noffence, an element of which includes being affected by\nalcohol or a drug, committed by the applicant during the period\nsince the order was made cancelling or resulting in the\ncancellation of the person's licence; and\n(b) consider such medical or other evidence as the Court\nconsiders relevant as to the applicant's fitness to hold a\nlicence,\nand may grant or refuse its approval of the application as it thinks\nfit.\nTABLE\nItem Column 1\nTraffic\nAct 1987\nColumn 2\nOffence\nColumn 3\nRequirements\n1 section 22 A first offence of driving\na motor vehicle with a\nmedium range breath\nor blood alcohol content\nsection 29AAA A first offence of driving\na motor vehicle under\nthe influence of alcohol\nor a drug\nan approved course\n2 section 22 A second or subsequent\nmotor vehicle with a\nmedium range breath\nor blood alcohol content\nsection 29AAA A second or subsequent\nmotor vehicle under the\ninfluence of alcohol or a\ndrug\nan approved course or\nundergone an approved\ntreatment, or both, at the\ndiscretion of the Registrar\n3 section 21 A first offence of driving\na motor vehicle with a\nhigh range breath or\nblood alcohol content\nan approved course or\nundergone an approved\ntreatment, or both, at the\ndiscretion of the Registrar\n\nMotor Vehicles Act 1949 91\nsection 29AAE A first offence of failing\nor refusing to submit to\na breath analysis in\nrelation to the driving of\na motor vehicle\n4 section 21 A second or subsequent\nmotor vehicle with a\nhigh range breath or\nblood alcohol content\ncommitted within\n3 years after being\nconvicted of an offence\nreferred to in item 3 or\nin this item\nThat the period for which\nthe person was\ndisqualified from\nobtaining a licence\ndeclared or imposed by\nthe Court has elapsed\nsince the making of the\norder and the approval of\nthe Local Court to make\nan application for a\nlicence has been\nobtained\nsection 29AAE A second or subsequent\noffence of failing or\nrefusing to submit to a\nbreath analysis in\nrelation to the driving of\na motor vehicle\n5 section 22 First or second or\ndriving a motor vehicle\nwith a medium range\nbreath or blood alcohol\ncontent\nsection 29AAA First or second or\ndriving a motor vehicle\nwhile under the\ninfluence of alcohol or a\ndrug\nThat the period for which\nthe person was\ndisqualified from\nobtaining a licence\ndeclared or imposed by\nthe Court has elapsed\nsince the making of the\norder and, if the\napplication for a licence\nrelates to a heavy vehicle,\nor commercial passenger\nvehicle, the approval of\nthe Local Court to make\nthe application has been\nobtained\n\nMotor Vehicles Act 1949 92\nsection 29AAE First or second or\nfailing or refusing to\nsubmit to a breath\nanalysis in relation to\nthe driving of a motor\nvehicle\n","sortOrder":133},{"sectionNumber":"102A","sectionType":"section","heading":"Endorsement that registration is for restricted use only","content":"102A Endorsement that registration is for restricted use only\n(1) Subject to this section, the Registrar may endorse on the certificate\nof registration granted in respect of a motor vehicle a direction that\nthe motor vehicle shall not be driven upon a public street except\nbetween such times as are specified in the endorsement.\n(2) The Registrar shall not make such an endorsement unless he is\nsatisfied that there are sufficient reasons related to the motor\nvehicle or its proposed use:\n(a) for permitting the driving of the motor vehicle upon a public\nstreet between the times so specified; and\n(b) for not permitting the driving of the motor vehicle upon a public\nstreet except between the times so specified.\n","sortOrder":134},{"sectionNumber":"103","sectionType":"section","heading":"Duration of registration of motor vehicle or trailer","content":"103 Duration of registration of motor vehicle or trailer\n(1) The registration of a motor vehicle or trailer remains in force for the\nperiod (the registration period) mentioned in subsection (2) unless\nit is cancelled or suspended.\n(2) The registration period for a motor vehicle or trailer is:\n(a) for a motor vehicle or trailer of a class prescribed by regulation\n(a prescribed class) – either:\n(i) the maximum period prescribed by regulation (the\nprescribed period) for that prescribed class; or\n(ii) any shorter period decided by the Registrar under\nsubsection (5); or\n(b) for any other motor vehicle or trailer – either:\n(i) 12 months; or\n(ii) any shorter period decided by the Registrar under\nsubsection (5).\n\nMotor Vehicles Act 1949 93\n(3) For the registration of a motor vehicle or trailer for the first time\nunder this Act, the registration period for the motor vehicle or trailer\ncommences on the day on which registration is granted.\n(4) For the renewal of the registration of a motor vehicle or trailer, the\nrenewed registration period for the motor vehicle or trailer\ncommences on:\n(a) if the renewal is granted on or before the date on which the\nprevious registration period for the motor vehicle or trailer\nexpires – the day immediately after the date on which the\nprevious registration period expired; or\n(b) if the renewal is granted after the date on which the previous\nregistration period for the motor vehicle or trailer expires – the\nday on which the renewal of the registration is granted.\n(5) On an application for the registration or renewal of the registration\nof a motor vehicle or trailer, the Registrar may register the motor\nvehicle or trailer for a period that is shorter than the period\nmentioned in subsection (2)(a)(i) or (b)(i) if:\n(a) the applicant requests that the vehicle or trailer be registered\nfor the shorter period by specifying the period in the\napplication; or\n(b) the Registrar considers it appropriate to register the motor\nvehicle or trailer for the shorter period.\n(6) If the Registrar decides to register a motor vehicle or trailer for a\nshorter period under subsection (5), the amount of:\n(a) the fee required to be paid under section 13 is to be calculated\nas a pro rata amount of the prescribed fee payable in respect\nof the period mentioned in subsection (2)(a)(i) or (b)(i); and\n(b) the compensation contributions required to be paid under\n","sortOrder":135},{"sectionNumber":"Part 5","sectionType":"part","heading":"is to be calculated as a pro rata amount of the","content":"Part 5 is to be calculated as a pro rata amount of the\ncompensation contributions payable in respect of the period\nmentioned in subsection (2)(a)(i) or (b)(i).\n","sortOrder":136},{"sectionNumber":"104","sectionType":"section","heading":"Duration of licences may be shorter","content":"104 Duration of licences may be shorter\n(1) An applicant for a licence or renewal of a licence under section 10\nmay request that the licence be granted or renewed for the\nprescribed period or a shorter period (being not less than\n12 months).\n\nMotor Vehicles Act 1949 94\n(2) If the Registrar grants or renews a licence under section 10, the\nRegistrar must endorse the licence to the effect that it is in force for:\n(a) the prescribed period or a shorter period specified in the\napplication; or\n(b) a period the Registrar considers appropriate, having regard to:\n(i) the applicant's age; and\n(ii) any mental or physical condition, disorder or disability of\nthe applicant; and\n(iii) the applicant's driving record, including any previous\noffences relating to the use of a motor vehicle; and\n(iv) any other matter which, in the opinion of the Registrar,\nmay assist in determining the suitability of the applicant\nto drive a motor vehicle.\n(3) A licence endorsed under subsection (2), unless cancelled or\nsuspended, is in force for the period specified in the endorsement.\n(4) This section does not apply to an AIL licence.\n","sortOrder":137},{"sectionNumber":"105","sectionType":"section","heading":"Endorsement of licence, permit or certificate","content":"105 Endorsement of licence, permit or certificate\n(1) If the Registrar endorses an existing licence, permit or certificate\nunder this Act, the endorsement may be effected by:\n(a) endorsing the existing licence, permit or certificate; or\n(b) cancelling the licence, permit or certificate and issuing a\nreplacement with the endorsement on it.\n(2) An endorsement may be in the form of a notation prescribed by\nregulation.\n","sortOrder":138},{"sectionNumber":"106","sectionType":"section","heading":"Driver of Defence Force vehicle","content":"106 Driver of Defence Force vehicle\nThe driver of a motor vehicle belonging to the Commonwealth and\nappropriated to the use of any part of the Defence Force shall, if he\nis a member of and is wearing a uniform of that part of the Defence\nForce, and if he is driving the motor vehicle in the performance of\nhis duty and in pursuance of a permit issued to him by the\nauthorities of that part of the Defence Force, be deemed to be\nlicensed under this Act to drive the motor vehicle, and any\nreference in this Act to a licence shall, unless the contrary intention\nappears, include a reference to the permit.\n\nMotor Vehicles Act 1949 95\n","sortOrder":139},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Vehicles to which Road Transport Charges","content":"Part 6B Vehicles to which Road Transport Charges\nLaws apply\n","sortOrder":140},{"sectionNumber":"107","sectionType":"section","heading":"Vehicles not to be driven in configuration attracting higher","content":"107 Vehicles not to be driven in configuration attracting higher\ncharge than that paid\n(1) Where a person drives a vehicle to which the Road Transport\nCharges Laws apply, or to which, if the vehicle were required to be\nregistered in the Territory, those Laws would apply, and:\n(a) where no amendment of registration under section 107A or\npermit under section 107B was in force in relation to the\nvehicle at the time at which the vehicle was driven in\ncontravention of this section – the amount paid for the\nregistration of the vehicle under this Act, or a corresponding\nAct of a State or another Territory of the Commonwealth\nrelating to the registration of motor vehicles (a corresponding\nAct), was less than the amount that would have been payable\nunder the Act under which the vehicle was registered if the\nconfiguration in which the vehicle was driven had been\nnominated in the application for registration under this Act or\nthe corresponding Act;\n(b) where the registration of the vehicle was amended under\nsection 107A and the vehicle was being driven during the\nreconfiguration period in respect of the amendment – the\namount paid for the amendment was less than the amount\nthat would have been payable if the configuration in which the\nvehicle was driven had been nominated in the application for\namendment; or\n(c) where a permit was granted under section 107B in relation to\nthe vehicle and the vehicle was being driven during the\nreconfiguration period in respect of the permit – the amount\npaid for the permit was less than the amount that would have\nbeen payable if the configuration in which the vehicle was\ndriven had been nominated in the application for the permit,\nthe owner of the vehicle is guilty of an offence.\nMaximum penalty: In the case of a natural person – 15 penalty\nunits.\nIn the case of a body corporate – 85 penalty\nunits.\n\nMotor Vehicles Act 1949 96\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) the owner proves that:\n(i) accurate information as to the configuration in which the\nvehicle was subsequently driven, allegedly in\ncontravention of subsection (1), was provided in the\napplication for the registration of the vehicle; or\n(ii) where the vehicle was being driven during a\nreconfiguration period in respect of:\n(A) an amendment to the registration under\nsection 107A; or\n(B) a permit under section 107B in relation to the\nvehicle,\naccurate information as to the configuration in which the\nvehicle was subsequently driven, allegedly in\ncontravention of subsection (1), was provided in the\napplication for the amendment or permit; or\n(b) the owner satisfies the court that the vehicle was, at the time\nof the alleged offence:\n(i) being driven; or\n(ii) a vehicle of a particular configuration at the time of being\ndriven,\nwithout the owner's express or implied authority.\n(3) In addition to any penalty that a court may impose under\nsubsection (1), the Court shall order a person who is found guilty of\nan offence against that subsection to pay to the Registrar an\namount equal to:\n(a) where no amendment of registration under section 107A or\npermit under section 107B was in force in relation to the\nvehicle at the time the vehicle was driven in contravention of\nsubsection (1) – the difference between:\n(i) the amount paid for the registration of the vehicle:\n(A) under this Act; or\n(B) under the corresponding Act,\n\nMotor Vehicles Act 1949 97\nas the case may be, being, where the amount was paid\nin respect of a period of more than 12 months, the\nproportion of the amount that was paid for registration for\n12 months; and\n(ii) the amount that would have been payable at the time of\nregistration of the vehicle under:\n(A) where the vehicle was at the time of the offence\nregistered under this Act – this Act; or\n(B) where the vehicle was at the time of the offence\nregistered under a corresponding Act – that Act,\nbeing, where the registration was paid in respect of a\nperiod of more than 12 months, the amount payable for\nregistration for 12 months, if the configuration in which\nthe vehicle was driven had been nominated in the\napplication for registration; or\n(b) where an amendment of registration under section 107A or\npermit under section 107B was in force at the time the vehicle\nwas driven in contravention of subsection (1) – the difference\n(i) the amount paid for the amendment or permit; and\n(ii) the amount that would have been payable, at the time of\nthe amendment or the issue of the permit, for the\namendment or permit if the configuration in which the\nvehicle was driven had been nominated in the\napplication for an amendment or for a permit.\n(4) For the purposes of subsection (3), where a person paid an amount\nfor registration, for an amendment of registration under\nsection 107A or permit under section 107B, calculated by taking\ninto account a reduction or concession under this Act, or the\ncorresponding Act under which the vehicle was registered at the\ntime of the offence, the amount paid and the amount payable shall\nbe deemed to be the amount that would have been paid or payable,\nrespectively, if the reduction or concession were not taken into\naccount.\n","sortOrder":141},{"sectionNumber":"107A","sectionType":"section","heading":"Change in configuration of heavy vehicle registered in","content":"107A Change in configuration of heavy vehicle registered in\nTerritory\n(a) a vehicle of a kind to which the Road Transport Charges Laws\napply has been registered;\n\nMotor Vehicles Act 1949 98\n(b) the owner, or a person authorised by the owner, intends to\nalter the configuration of the vehicle from that in which it is\nregistered;\n(c) if the vehicle had been, at the time at which the vehicle was\nregistered, registered in the altered configuration, a charge\nwould have been payable under this Act greater than the\namount already paid for its registration (including an amount\npaid in respect of the vehicle in accordance with this section);\nand\n(d) it is intended to alter the configuration of the vehicle for a\nperiod of more than 3 months or for the balance of the\nregistration of the vehicle,\nthe owner of the vehicle, or a person authorised by the owner, may\napply under this section to the Registrar for an amendment to the\nregistration of the vehicle.\n(2) Where:\n(a) an application is made to the Registrar in the approved form\nproviding such particulars as the Registrar requires; and\n(b) the relevant fee, determined in accordance with subsection (3)\nand the prescribed fee, if any, have been paid,\nthe Registrar may amend the registration of the vehicle to permit\nthe vehicle to be driven in the altered configuration during the\nreconfiguration period, being the balance of the registration of the\nvehicle or a period, not less than 3 months, specified by the\nRegistrar on the altered certificate of registration or replacement\ncertificate, as the case may be.\n(3) For the purposes of subsection (2), the relevant fee in relation to a\nvehicle is, for each week, or part of a week, commencing on the\nfirst day of the reconfiguration period, 1/52 of the difference\n(a) the amount that, at the time of the amendment, would be\npayable for 12 months registration of the vehicle in the\nconfiguration in which it has been registered; and\n(b) the amount that, at the time of the amendment, would be\npayable for 12 months registration of the vehicle in the altered\nconfiguration.\n\nMotor Vehicles Act 1949 99\n(4) Where the Registrar amends the registration of a vehicle under\nsubsection (2), the Registrar shall alter accordingly the certificate of\nregistration provided to the owner of the vehicle, or issue a\nreplacement certificate, altered accordingly, in its stead.\n","sortOrder":142},{"sectionNumber":"107B","sectionType":"section","heading":"Temporary permit where configuration of Territory or interstate","content":"107B Temporary permit where configuration of Territory or interstate\nheavy vehicle altered\n(a) a vehicle of a kind to which the Road Transport Charges Laws\napply or to which, if the vehicle were required to be registered\nin the Territory, those Laws would apply, has been registered\nunder this Act or a corresponding Act of a State or another\nTerritory of the Commonwealth relating to the registration of\nmotor vehicles (a corresponding Act);\n(b) the owner, or a person authorised by the owner, intends to\nalter the configuration of the vehicle from that in which it is\nregistered under this Act or the corresponding Act;\n(c) if the vehicle had been, at the time at which the vehicle was\nregistered under this Act or the corresponding Act, registered\nin the altered configuration, a charge would have been\npayable under the Act under which the vehicle was registered\ngreater than the amount already paid for its registration\n(including an amount paid in accordance with this section in\nrespect of the vehicle) under that Act; and\n(d) in the case of a vehicle:\n(i) registered under this Act – it is intended to alter the\nconfiguration of the vehicle for a period of 3 months or\nless or other than for the balance of the registration of\nthe vehicle; or\n(ii) registered under a corresponding Act – it is intended to\nalter the configuration of the vehicle for a period of\n3 months or less,\nthe owner of the vehicle, or a person authorised by the owner, may\napply under this section to the Registrar for a temporary permit in\nrelation to the vehicle.\n(2) Where:\n(a) an application is made to the Registrar in the approved form\nproviding such particulars as the Registrar requires; and\n\nMotor Vehicles Act 1949 100\n(b) the relevant fee, determined in accordance with\nsubsection (3), and the prescribed fee, if any, have been paid,\nthe Registrar may issue a temporary permit in relation to the\nvehicle, permitting the vehicle to be driven, in the altered\nconfiguration specified in the permit, during the reconfiguration\nperiod, being a period less than 3 months, specified by the\nRegistrar on the permit.\n(3) For the purposes of subsection (2), the relevant fee in relation to a\nvehicle is, for each week, or part of a week, commencing on the\nfirst day of the reconfiguration period, 1/52 of the difference\n(a) the amount that, at the time of the issue of the permit, is\npayable under this Act for 12 months registration of the vehicle\nin the configuration in which it has been registered under this\nAct or the corresponding Act; and\n(b) the amount that, at the time of the issue of the permit, is\npayable under this Act for 12 months registration of the vehicle\nin the altered configuration,\ntaking into account any applicable reduction or concession under\nthis Act.\n","sortOrder":143},{"sectionNumber":"108","sectionType":"section","heading":"Driving motor vehicle different from description in certificate","content":"108 Driving motor vehicle different from description in certificate\nor permit\nA person shall not drive a motor vehicle upon a public street which\ndiffers in any material particular from the description appearing in\nthe certificate of registration of the motor vehicle, unless:\n(a) a permit has been issued under section 107B in relation to the\nvehicle;\n(b) the vehicle is driven during the reconfiguration period in\nrespect of the permit; and\n(c) the vehicle does not differ in any material particular from the\ndescription appearing in the permit, except where the vehicle\nis in a configuration in respect of which a lesser charge would\nhave been payable under this Act for the issue of the permit\nthan was paid for the permit.\n\nMotor Vehicles Act 1949 101\n","sortOrder":144},{"sectionNumber":"109","sectionType":"section","heading":"Owner to require driver to produce licence","content":"109 Owner to require driver to produce licence\nThe owner of a motor vehicle shall, before permitting any person to\ndrive that vehicle, require the licence of that person to drive a motor\nvehicle of the class to which that vehicle belongs to be produced to\nhim or satisfy himself that that person is so licensed.\n","sortOrder":145},{"sectionNumber":"111","sectionType":"section","heading":"Certain numbers or plates not to be on vehicle","content":"111 Certain numbers or plates not to be on vehicle\n(1) Subject to subsections (2) and (3), the owner of a vehicle must not\ncause or permit to be on the vehicle:\n(a) any number, other than the vehicle's registered number or\nvehicle identification number, that is likely to be taken to be\nthe registered number of the motor vehicle; or\n(b) any number plate, other than a number plate issued or\napproved by the Registrar for the purposes of this Act, that is\nlikely to be taken to be the number plate of the vehicle.\n(2) A visiting vehicle may have affixed to it:\n(a) the number plate or plates allotted or authorised for it under\nthe law of the State, Territory or country in which it is\nregistered; or\n(b) the distinguishing mark required to be carried under any\nconvention relating to motor traffic to which the\nCommonwealth is a party.\n(3) On the occasions and under the circumstances that are prescribed,\nor as the Minister directs, a number, other than the registered\nnumber, may be on a vehicle in such a position as not to obscure or\nbe taken to be the registered number or vehicle identification\nnumber of the vehicle.\n","sortOrder":146},{"sectionNumber":"112","sectionType":"section","heading":"Number plates not to be covered","content":"112 Number plates not to be covered\nThe owner of a motor vehicle must not use, or cause or permit to be\nused, the motor vehicle if:\n(a) the number plate allotted or authorised for the vehicle is not\nsecurely affixed to the vehicle; or\n(b) the number on the number plate is:\n(i) not clearly legible; or\n\nMotor Vehicles Act 1949 102\n(ii) obscured by an article or thing affixed to or carried on\nthe vehicle (other than a trailer that is attached to and\nbeing pulled by the vehicle).\n","sortOrder":147},{"sectionNumber":"113","sectionType":"section","heading":"Requirement to produce licence or give information","content":"113 Requirement to produce licence or give information\n(1) The driver of a motor vehicle must produce his or her licence to the\nRegistrar, an inspector or police officer for inspection immediately\nafter the Registrar, inspector or officer requests him or her to do so.\n(2) The driver of a motor vehicle must state his or her name and\naddress to the Registrar, an inspector or police officer immediately\nafter the Registrar, inspector or officer requests him or her to do so.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n","sortOrder":148},{"sectionNumber":"114","sectionType":"section","heading":"Commercial passenger vehicle licensee to notify Registrar","content":"114 Commercial passenger vehicle licensee to notify Registrar\nabout charge for disqualifying offence\n(1) A licensee under a licence to drive a commercial passenger vehicle\nmust immediately give written notice to the Registrar if the licensee\nis charged with a disqualifying offence.\nMaximum penalty: 100 penalty units.\n(2) Immediately after a court has dealt with the charge, the licensee\nmust give written notice to the Registrar of the outcome of the\ncharge.\nMaximum penalty: 100 penalty units.\n","sortOrder":149},{"sectionNumber":"115","sectionType":"section","heading":"Obtaining permit, licence, &c., by misrepresentation","content":"115 Obtaining permit, licence, &c., by misrepresentation\n(1) A person shall not:\n(a) by any false statement or misrepresentation obtain or attempt\nto obtain a permit, licence, certificate, pass or label under this\nAct;\n(b) without lawful excuse, have in his or her possession a permit,\nlicence, certificate, pass, label or number plate granted or\nissued under this Act, or any article resembling, or purporting\nto be, a permit, licence, certificate, pass, label or number plate\nand calculated to deceive;\n\nMotor Vehicles Act 1949 103\n(c) forge or fraudulently alter or use, or fraudulently lend or allow\nto be used by any person, any permit, licence, certificate,\npass, label or number plate, or mark for identifying a motor\nvehicle, granted or issued under this Act; or\n(d) own or drive upon a public street any unregistered motor\nvehicle having upon it any numbers or number plate of a\ndescription prescribed to be affixed to registered motor\nvehicles, and calculated to deceive.\n(2) If an inspector or officer:\n(a) inspects a permit, licence, certificate, pass, label, number\nplate or a thing resembling a permit, licence, certificate, pass,\nlabel or number plate; and\n(b) reasonably believes that it was obtained or is being used or is\nintended to be used in contravention of subsection (1),\nhe or she may seize the permit, licence, certificate, pass, label,\nnumber plate or thing.\n","sortOrder":150},{"sectionNumber":"116","sectionType":"section","heading":"Production of licence in Court","content":"116 Production of licence in Court\nAny licensed driver charged with an offence against this Act shall\nproduce his licence to drive a motor vehicle to the Court at the time\nof hearing, and, if without reasonable cause he fails to do so, he\nshall be guilty of an offence.\n","sortOrder":151},{"sectionNumber":"117","sectionType":"section","heading":"Penalties for offences","content":"117 Penalties for offences\n(1) A person who commits an offence against, contravenes or fails to\ncomply with any provision of this Act, may be prosecuted before\nany court of competent jurisdiction, and that court may, where no\nother penalty is expressly provided, impose in respect of any such\noffence, contravention, or failure, a maximum penalty of, in the case\nof a natural person, 15 penalty units or imprisonment for 6 months\nor, in the case of a body corporate, 85 penalty units, and may:\n(a) if the person found guilty holds a licence under this Act, cancel\nthe licence and, in addition, may direct that no licence shall be\ngranted to that person during such time as the court thinks fit;\nor\n(b) if the person found guilty is not the holder of a licence under\nthis Act, direct that no licence shall be granted to that person\nduring such time as the Court thinks fit.\n(8) A licence cancelled pursuant to this section shall be of no effect.\n\nMotor Vehicles Act 1949 104\n(9) The court shall cause particulars of all findings of guilt and orders to\nbe forwarded to the Registrar.\n(10) For the purposes of this section, licence means a licence to drive a\nmotor vehicle of any class whatsoever.\n","sortOrder":152},{"sectionNumber":"117A","sectionType":"section","heading":"Regulatory offences","content":"117A Regulatory offences\nAn offence against, or a contravention or failure to comply with,\nsection 14(5), 16, 17, 18, 19, 20, 23, 24, 25, 25A, 35, 36, 37, 38,\n40, 42, 43, 52, 53, 54, 55, 58, 65, 67, 95, 96, 97, 98, 100, 101(4),\n102A, 107, 108, 108A, 109, 111, 112, 113, 115, 116, 126, 127, 128\nor 128A is a regulatory offence.\n","sortOrder":153},{"sectionNumber":"118","sectionType":"section","heading":"Record of registration and licences to be kept","content":"118 Record of registration and licences to be kept\n(1) Particulars of:\n(a) the registration of motor vehicles;\n(b) the grant of certificates, licences and permits; and\n(c) notices of disposal received by the Registrar under section 20,\nare to be recorded at the office of the Registrar.\n(2) An extract from or copy of, any entry contained in the record,\ncertified by the Registrar, shall, in all courts and upon all occasions,\nbe received as evidence and deemed sufficient proof of all\nparticulars contained in that entry without requiring the production\nof the books, licence, permit requisition, notice or other document\nupon which the entry was founded.\n","sortOrder":154},{"sectionNumber":"119","sectionType":"section","heading":"Judicial notice of Registrar's, Deputy Registrar's and certain","content":"119 Judicial notice of Registrar's, Deputy Registrar's and certain\nofficers' signatures\nAll courts shall take judicial notice:\n(a) of the official signature of a person who holds or has held the\noffice of Registrar or Deputy Registrar;\n(b) of the official signature of an officer having duties in\nconnection with the registration of vehicles or the licensing of\npersons to drive vehicles in a State or another Territory of the\nCommonwealth;\n\nMotor Vehicles Act 1949 105\n(ba) of, in relation to a vehicle of a kind to which the Road\nTransport Charges Laws apply, a certificate in writing under\nthe hand of the Registrar, the Deputy Registrar or an officer\nreferred to in paragraph (b), that:\n(i) a copy, attached to the certificate, of an application for\nregistration of, for an amendment to the registration of,\nor for a permit under section 107B in relation to, a\nvehicle under the Act was a true copy of such an\napplication made by or on behalf of the person specified\nin the certificate; or\n(ii) on the day specified in the certificate, the vehicle\nspecified was registered as being of a specified\nconfiguration, or that it was in fact of a specified\nconfiguration;\n(c) of a certificate in writing under the hand of the Registrar, the\nDeputy Registrar, or an officer referred to in paragraph (b),\nthat, on any day or during any period:\n(i) a person was not licensed or has failed to do something\nwhich under this Act a person may be licensed or\nrequired to do;\n(ia) a person was disqualified from holding a licence or a\nperson's licence to drive a motor vehicle was cancelled,\nrevoked or suspended;\n(ib) a permit was or was not issued in relation to a vehicle,\nand, where it was so issued, the configuration specified\nin the permit and the name of the person in whose name\nthe permit was issued;\n(ic) a permit was, on a specified date, cancelled or\nsuspended for a specified period;\n(ii) a motor vehicle was not registered or licensed in a\nmanner in which a motor vehicle may be registered or\nlicensed under this Act; or\n(iii) a motor vehicle was registered or licensed and the name\nof the person in whose name the vehicle was registered\nor licensed,\nand such certificate shall be prima facie evidence of the matter\ncontained in the certificate; and\n\nMotor Vehicles Act 1949 106\n(d) of a certificate in writing under the hand of the Registrar or a\nDeputy Registrar that:\n(i) a document annexed to the certificate is a copy of an\nAustralian Design Rule known by the name specified in\nthe certificate;\n(ii) a document annexed to the certificate is a copy of a\ndocument referred to in an Australian Design Rule; and\n(iii) an Australian Design Rule was in force on a day or\nduring a period specified in the certificate in respect of a\nmotor vehicle specified in the certificate,\nand such certificate shall be prima facie evidence of the matter\ncontained in the certificate.\n","sortOrder":155},{"sectionNumber":"119A","sectionType":"section","heading":"Defendant deemed to be person named in certificate","content":"119A Defendant deemed to be person named in certificate\nWhere, in respect of a prosecution for an offence against this Act,\nthe Regulations or any other Act or instrument of a legislative or\nadministrative character in force in the Territory, a certificate is, in\naccordance with this Act, prima facie evidence of a matter stated in\nthe certificate, it shall be presumed without the need for further\nproof, unless the contrary is proved, that the person named in the\ncertificate and the person charged with the offence is the same\n","sortOrder":156},{"sectionNumber":"120","sectionType":"section","heading":"Laying of information","content":"120 Laying of information\n(1) Any information or complaint for an offence against or a\ncontravention of any provision of this Act may be laid or made by\nany person.\n(2) If any such information or complaint is laid or made by any person\nother than the Registrar or an officer therefor authorized by the\nMinister or a member of the Police Force, and the proceedings are\ndismissed or withdrawn, the court may, if it thinks fit, order that\nperson to pay to the defendant, in addition to any costs, such\ncompensation as it thinks reasonable.\n","sortOrder":157},{"sectionNumber":"121","sectionType":"section","heading":"Protection from liability","content":"121 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Registrar;\n(b) a Deputy Registrar;\n\nMotor Vehicles Act 1949 107\n(d) an inspector or officer who is a public sector employee.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n","sortOrder":158},{"sectionNumber":"122","sectionType":"section","heading":"Evidence of registration","content":"122 Evidence of registration\nIn any proceedings under this Act, proof that a motor vehicle has\nnot upon it a number plate as prescribed, shall be prima facie\nevidence that the vehicle is not registered.\n","sortOrder":159},{"sectionNumber":"123","sectionType":"section","heading":"Evidence of ownership and operation of motor vehicle","content":"123 Evidence of ownership and operation of motor vehicle\n(1) A certificate of registration in respect of a motor vehicle is, in all\nproceedings, prima facie evidence that:\n(a) the person specified in the certificate as the registered owner\nis the owner of the motor vehicle; or\n(b) the person specified in the certificate as the operator is the\noperator of the motor vehicle.\n(2) For the purposes of subsection (1), the operator of a motor vehicle\nis not to be taken as the owner of the motor vehicle unless the\noperator is also specified in the certificate as the owner.\n","sortOrder":160},{"sectionNumber":"123A","sectionType":"section","heading":"Registrar may approve credit arrangement","content":"123A Registrar may approve credit arrangement\nNotwithstanding any other provision of this Act, a reference in this\nAct to an action that may only be performed, or an instrument that\nmay only be issued, on the payment of a fee or charge, may be\ntaken or issued where arrangements, approved by the Registrar,\nhave been made for the payment of the fee or charge.\n","sortOrder":161},{"sectionNumber":"124","sectionType":"section","heading":"Recovery of fees unpaid","content":"124 Recovery of fees unpaid\n(1) The Registrar may recover in the Local Court from the person liable\nany fee or other amount payable under this Act.\n(2) In any proceeding under this section for the recovery of any fee or\nportion of a fee or any other amount, the onus of proof that the fee\nor portion of a fee or amount has been paid shall be upon the\ndefendant.\n\nMotor Vehicles Act 1949 108\n","sortOrder":162},{"sectionNumber":"125","sectionType":"section","heading":"Duties of Police, inspectors and officers","content":"125 Duties of Police, inspectors and officers\nEach member of the Police Force, each inspector and each officer\nthereto authorized by the Minister shall do all things in his power to\nensure that this Act is duly observed.\n","sortOrder":163},{"sectionNumber":"126","sectionType":"section","heading":"Power to demand name and address and to arrest without","content":"126 Power to demand name and address and to arrest without\nwarrant\n(1) A person shall not, when required by a member of the Police Force,\nor by an inspector, in the execution of his duty under this Act, to\nstate his name or place of abode, refuse to do so, or when so\nrequired state a false name or place of abode.\n(2) Any member of the Police Force may arrest without warrant any\nperson committing or reasonably suspected of committing an\noffence against the provisions of this section, and may keep him in\ncustody until he can be admitted to bail or taken before a court to\nbe tried for an offence committed by him or of which he is\nsuspected.\n","sortOrder":164},{"sectionNumber":"127","sectionType":"section","heading":"Production of motor vehicles","content":"127 Production of motor vehicles\n(1) Notwithstanding any other provision of this Act, the Registrar may,\nby notice in writing, require the owner or any person having the\ncustody of a motor vehicle to produce the vehicle to an inspector, at\nthe time and place stated in the notice, for examination or\ninspection.\n(2) The owner or any such person shall not refuse or fail, without\nreasonable cause, to comply with any such notice.\n","sortOrder":165},{"sectionNumber":"128","sectionType":"section","heading":"Inspection of motor vehicles","content":"128 Inspection of motor vehicles\nThe owner or any person having custody of a motor vehicle shall,\nupon request by an inspector or an officer authorized in that behalf\nby the Registrar or upon request by any member of the Police\nForce, permit the inspector, officer or member to examine or\ninspect the vehicle for any purpose of this Act.\n","sortOrder":166},{"sectionNumber":"128A","sectionType":"section","heading":"Defective motor vehicles","content":"128A Defective motor vehicles\n(2) A member of the Police Force or an inspector may, if he considers\nthat a motor vehicle that is standing or being driven or moved on a\npublic street is defective:\n(a) examine or inspect the motor vehicle; or\n\nMotor Vehicles Act 1949 109\n(b) direct the owner or any person having custody of the motor\nvehicle to produce the vehicle, at a specified time and place,\nfor examination or inspection.\n(3) The owner or any person having custody of a motor vehicle shall\nnot:\n(a) prevent or hinder the examination of the motor vehicle by a\nmember of the Police Force or an inspector; or\n(b) refuse or fail to comply with a direction given under\nsubsection (2)(b).\n(4) A member of the Police Force or an inspector who examines or\ninspects or causes to be examined or inspected a motor vehicle\nmay, for the purpose of such examination or inspection, drive, move\nor test the motor vehicle or cause it to be driven, moved or tested.\n(5) A member of the Police Force or an inspector who examines or\ninspects a motor vehicle or any person who is authorized by a\nmember of the Police Force or an inspector to examine or inspect a\nmotor vehicle shall not be liable for any damage to that vehicle\ncaused by or arising from his reasonable actions in examining or\ninspecting that vehicle.\n(6) Where, upon examination or inspection, a motor vehicle is found to\nbe defective, a member of the Police Force or an inspector may\nissue to the owner or any person having custody of the motor\nvehicle a notice (in this Act called a defect notice) in accordance\nwith the approved form:\n(a) specifying the defects in the vehicle; and\n(b) directing that the vehicle shall not, except as provided in the\ndefect notice, be driven or moved on a public street after the\nissue of the defect notice until the vehicle has been produced\nat a place specified in the defect notice for examination or\ninspection by a member of the Police Force or an inspector\nand is found to be no longer defective.\n(7) At the time that a member of the Police Force or an inspector\nissues a defect notice to a person, he or she must affix a label (a\ndefect label), in the approved form, on a conspicuous place on the\nvehicle that would not obstruct the view of a driver if the vehicle\nwere to be driven.\n\nMotor Vehicles Act 1949 110\n(8) A defect notice:\n(a) may provide that the motor vehicle to which it relates may be\ndriven or moved as directed in the defect notice on public\nstreets to a convenient place for the purpose of carrying out\nwork on that vehicle to render it no longer defective; and\n(b) shall provide that after such work to render the vehicle no\nlonger defective has been completed, the vehicle may be\ndriven or moved on public streets by the shortest practicable\nroute to the place specified in the defect notice for\nexamination or inspection of that vehicle.\n(9) Where a motor vehicle has been produced in accordance with a\ndirection in a defect notice for examination or inspection and it is\nfound that, while the reasons stated in the defect notice for the\nvehicle being defective have been remedied, there are other\nreasons why the vehicle is defective, a further defect notice may be\nissued stating those other reasons.\n(10) A person shall not, where a defect notice has been issued in\nrespect of a motor vehicle, drive that vehicle or cause or permit that\nvehicle to be driven or moved on a public street contrary to the\nterms of the defect notice.\n(11) Where a motor vehicle has been produced in accordance with a\ndirection in a defect notice for examination or inspection and the\nmember of the Police Force or the inspector who carries out that\nexamination or inspection or causes that examination or inspection\nto be carried out is satisfied that the vehicle is no longer defective,\nhe shall remove or shall authorize the removal of the defect label\nfrom the vehicle.\n(12) A person, not being a member of the Police Force or an inspector,\nshall not remove, alter or deface a defect label on a motor vehicle\nunless he has been authorized to do so.\n(13) Where, within the period of 28 days after a defect notice has been\nissued in respect of a motor vehicle or such further period as the\nRegistrar may allow, the owner or any person having custody of\nthat vehicle has not:\n(a) produced it for examination or inspection; or\n(b) applied to the Registrar for the registration of that vehicle to be\ncancelled,\nthe Registrar may, by notice in writing, require the owner or any\nsuch person to show cause, within 14 days after the date of the\nnotice, why the registration of that vehicle should not be cancelled.\n\nMotor Vehicles Act 1949 111\n(14) The Registrar may cancel the registration of a motor vehicle where\na person fails to show reasonable cause under subsection (13) why\nthe registration of the vehicle should not be cancelled.\n(15) Notwithstanding any other provision of this Act, where the Registrar\ncancels the registration of a motor vehicle in pursuance of\nsubsection (14), the person in whose name the vehicle is registered\nshall not be entitled to a refund of any fee or portion of a fee paid\nfor that registration.\n(16) A motor vehicle produced in accordance with a direction in a defect\nnotice for examination or inspection shall not be examined or\ninspected until the prescribed fee has been paid to the Registrar or\nan approved person.\n(17) For this section, a motor vehicle is defective if:\n(a) it does not comply with the requirements of Schedule 4 and\nthe Standards; or\n(b) due to its condition, design or construction, the motor vehicle\ncannot reasonably be relied on to operate without being a\nsource of danger or annoyance to a person or a source of\ndamage to public streets.\n","sortOrder":167},{"sectionNumber":"129","sectionType":"section","heading":"Service of notice","content":"129 Service of notice\nAny notice under this Act may be served upon any person,\npersonally or by post addressed to the last address specified in or\nendorsed upon any licence or certificate granted to that person in\npursuance of this Act.\n","sortOrder":168},{"sectionNumber":"130","sectionType":"section","heading":"Offence due to accident","content":"130 Offence due to accident\nSubject to section 117A, a person shall not be liable to be found\nguilty of an offence against or a contravention of a provision of this\nAct if he proves, to the satisfaction of the court hearing the case,\nthat the offence or contravention could not have been avoided by\nany reasonable efforts on his part.\n","sortOrder":169},{"sectionNumber":"132","sectionType":"section","heading":"Remission or refund of fees","content":"132 Remission or refund of fees\n(1) The Minister may remit any fee or portion of any fee payable under\nthis Act, or refund to any person any fee under this Act paid by that\nperson or any portion of that fee.\n(2) Subject to subsection (3) the Registrar may refund to any person:\n(a) any excess payment made in respect of any matter under this\nAct by that person;\n\nMotor Vehicles Act 1949 112\n(b) any fee or other amount paid by that person in respect of the\nregistration or licensing of, or the issue of a permit in relation\nto, a motor vehicle which was, in the opinion of the Registrar\nregistered or licensed in error or where the permit was issued\nin error;\n(c) any fee or other amount paid by that person with respect to\nthe grant of a licence or permit or the registration of a motor\nvehicle where the licence or permit or the registration is\nrefused;\n(d) being the person in whose name a motor vehicle is registered,\nor a person who the Registrar is satisfied is the new owner of\nthe motor vehicle – where compensation contributions have\nbeen made in the Territory, one month's compensation\ncontributions for each complete calendar month in the\nunexpired period of such registration or licensing and:\n(i) in the case of a vehicle to which the Road Transport\nCharges Laws apply:\n(A) where the refund relates to money paid for the\nregistration of the vehicle (other than for an\namendment of the registration under\nsection 107A) – a proportionate amount for each\nday in the unexpired period of such registration of\nthe moneys paid for the registration of the vehicle,\nequivalent to 1/365 of the annual registration fee\nthat was, on the date on which the vehicle was\nregistered, paid or which would have been payable\non the date on which the vehicle was registered if\nthe vehicle had been registered for 12 months;\n(B) where the refund relates to money paid for the\namendment of the registration of the vehicle under\nsection 107A – an amount, for each day in the\nunexpired part of the reconfiguration period,\ncalculated by dividing the money paid for the\namendment by the number of days in the\nreconfiguration period;\n(C) where the refund relates to money paid for the\nissue of a permit under section 107B – an amount\nfor each day in the unexpired part of the\nreconfiguration period, calculated by dividing the\nmoney paid for the permit by the number of days in\nthe reconfiguration period, but no such refund is\npayable in respect of any day within the first 7 days\nof the reconfiguration period; and/or\n\nMotor Vehicles Act 1949 113\n(D) where the refund relates to money paid for the\nissue of an exemption under section 59 – 1/12 of\nthe fee payable for 12 months exemption for each\ncomplete calendar month in the unexpired period of\nthe exemption;\n(ii) in any other case – 1/12 of the annual licence fee or the\nannual registration fee for each complete calendar\nmonth in the unexpired period of such licensing or\nregistration,\n(less a deduction of a fee prescribed for the purposes of this\nsubsection) in any of the following circumstances:\n(iii) where the motor vehicle is destroyed by accident;\n(iv) where, on the application of that person, the registration,\namendment to registration, permit, exemption under\nsection 59 or licence is cancelled; or\n(v) where the motor vehicle is re-registered on account of\nan alteration in its construction, equipment or use.\n(3) A refund under subsection (2)(b) or (d) shall not be made unless\nand until:\n(a) the certificate of registration or such other evidence of the\npayment of the registration fee as is, in the opinion of the\nRegistrar, sufficient, together with the 2 number plates issued\nin connection with the registration of the motor vehicle; or\n(b) the licence or permit,\nas the case may be, is produced to the Registrar:\nProvided that, where the number plates are lost or destroyed, the\nrefund may, upon payment of the prescribed fee, be made, unless\nthe Registrar has reason to believe that improper use has been\nmade or is being made of the plates.\n(3A) A refund under subsection 2(b) or 2(d) in relation to the registration\nof a vehicle (other than an amendment of the registration of a\nvehicle under section 107A where the vehicle in relation to which\nthe refund is sought is to be re-registered) shall be calculated from\nthe day on which the number plates are produced to:\n(a) the Registrar;\n(b) a member of the Police Force; or\n\nMotor Vehicles Act 1949 114\n(c) a person holding, or acting on behalf of, a corresponding office\nin a State or another Territory of the Commonwealth,\nor, where the number plates are lost or destroyed and the Registrar\ndoes not believe that improper use has or is being made of the\nplates, from the date on which the certificate of registration or such\nother evidence of the payment of the registration fee as is, in the\nopinion of the Registrar, sufficient, is produced.\n(4) For the purposes of this section, any reference to a licence or to the\nregistration of a motor vehicle shall be deemed to include a\nreference to any renewal of the licence or registration.\n(5) For the purposes of this section, a reference to a licence or to the\nregistration of a motor vehicle shall be deemed to include a\nreference to a pastoral vehicle permit and for the purposes of\nsubsection (3), a reference in that subsection to number plates shall\nbe deemed to include a reference to an identification plate issued\nunder section 137B.\n","sortOrder":170},{"sectionNumber":"135","sectionType":"section","heading":"Exemption of motor vehicles","content":"135 Exemption of motor vehicles\n(1) The Registrar may, by Gazette notice, grant an exemption from the\napplication of any provision of this Act or the Regulations for a\nspecified class of motor vehicle and persons in relation to the use of\nthat specified class.\n(2) The Registrar may grant an exemption under subsection (1) subject\nto conditions that the Registrar considers appropriate.\n(3) Without limiting subsection (2), an exemption may be subject to\nconditions that:\n(a) provide for the exemption to remain in force for a specified\nperiod only; and\n(b) limit or restrict the persons, or the class of persons, who may\nuse a motor vehicle within the specified class under the\nexemption; and\n(c) regulate the use of motor vehicles within the specified class\nunder the exemption.\n(4) In determining whether to grant an exemption for a class of motor\nvehicle under subsection (1), the Registrar must have regard to the\nfollowing matters:\n(a) the speed capacity of motor vehicles within the class;\n\nMotor Vehicles Act 1949 115\n(b) the frequency with which motor vehicles within the class may\nbe used on public streets and in public places;\n(c) any other special considerations or characteristics of the\nmotor vehicles within the class that the Registrar considers\nappropriate in the circumstances.\n(5) The notice mentioned in subsection (1) must:\n(a) specify the class of motor vehicle for which the exemption is\ngranted; and\n(b) specify the provision or provisions of this Act from which the\nclass of motor vehicle is exempt; and\n(c) set out any conditions imposed on the exemption.\n(6) A motor vehicle within the class specified in an exemption granted\nunder subsection (1), and any person who uses the motor vehicle,\nis only exempt from the application of the specified provision of this\nAct or the Regulations if the motor vehicle and the person comply\nwith the conditions imposed, if any, on the exemption.\n(7) In this section:\nuse, of a motor vehicle, includes drive or operate.\n","sortOrder":171},{"sectionNumber":"137","sectionType":"section","heading":"Temporary licences","content":"137 Temporary licences\nNotwithstanding anything contained in this Act but without prejudice\nto any other powers conferred on him by this Act, the Registrar\nmay, upon payment of the prescribed fee and a compensation\ncontribution as specified in a notice made in pursuance of\nsection 47, grant to any person who is desirous of obtaining\npermission:\n(a) to drive an unregistered vehicle on a public street; or\n(b) to operate, upon the public streets, a registered motor vehicle\nfor any purpose in relation to which a greater compensation\ncontribution would be required under section 47 than that paid\nas compensation contribution at the time the vehicle was\nregistered,\na licence permitting the vehicle to be so driven or operated for any\nperiod not exceeding 7 days on a route specified in the licence.\n\nMotor Vehicles Act 1949 116\n","sortOrder":172},{"sectionNumber":"137B","sectionType":"section","heading":"Pastoral vehicle permit","content":"137B Pastoral vehicle permit\n(1) Notwithstanding anything contained in this Act but without prejudice\nto any other powers conferred on him by this Act, the Registrar\nmay, upon payment to him of the prescribed fee and a\ncompensation contribution specified in a notice made in pursuance\nof section 47, grant or renew a pastoral vehicle permit in respect of\na motor vehicle.\n(2) A pastoral vehicle permit shall remain in force for 12 months and\nshall specify the motor vehicle in respect of which it relates.\n(3) The Registrar may, upon payment to him of the prescribed fee,\ntransfer to another vehicle a pastoral vehicle permit granted or\nrenewed in respect of a vehicle.\n(4) Where the Registrar transfers a pastoral vehicle permit under\nsubsection (3), he shall amend the permit to specify the motor\nvehicle to which the transferred permit relates.\n(5) A pastoral vehicle permit transferred under subsection (3) remains\nin force for the remainder of the period for which the permit was\ngranted or renewed, as the case may be, but may be renewed in\naccordance with this section.\n(6) The Registrar shall not grant or renew a pastoral vehicle permit\nunder subsection (1), or transfer a pastoral vehicle permit under\nsubsection (3), unless he is satisfied that the motor vehicle to which\nit relates complies with the approved standards.\n(7) A pastoral vehicle permit may be granted or renewed subject to\nsuch conditions as the Registrar thinks fit and endorses on the\npermit.\n(8) The Registrar shall, where he grants a pastoral vehicle permit,\nissue to the owner of the motor vehicle to which it relates an\nidentification plate of an approved form, and the owner shall affix\nthe plate or cause it to be affixed to the rear of that motor vehicle.\n(9) The owner of a motor vehicle to which a pastoral vehicle permit\nrelates who:\n(a) fails to affix or fails to cause to be affixed the identification\nplate to the vehicle as required by subsection (8); or\n(b) drives or permits the vehicle to be driven on a public street\nwithout the identification plate issued under subsection (8)\naffixed to the vehicle,\nis guilty of a regulatory offence.\n\nMotor Vehicles Act 1949 117\n(10) A person who affixes, or causes to be affixed an identification plate\nissued under subsection (8) to a motor vehicle other than the motor\nvehicle to which the identification plate in accordance with that\nsubsection is to be affixed, is guilty of a regulatory offence.\n(11) Notwithstanding anything contained in this Act, a motor vehicle in\nrespect of which a pastoral vehicle permit is in force may be driven\non:\n(a) a public street on the property specified in the permit, or on a\npublic street outside that property while travelling to or from\nanother part of the property for the purpose of being used in or\nafter being used in an activity related to the operation or\nmanagement of the property; and\n(b) where endorsed on the permit as a permitted use, any public\nstreet outside the property specified in the permit, when it is\nbeing driven:\n(i) to a place at which the vehicle is to be used in or the\noccupants of it are to take part in;\n(ii) at a place at which the vehicle is used in or the\noccupants of it are taking part in; or\n(iii) to the property specified in the permit from a place at\nwhich the vehicle was used in or the occupants took part\nin,\na fire management operation or an operation relating to the\ncontrol of a bushfire at that place.\n(12) A person who drives a motor vehicle in respect of which a pastoral\nvehicle permit is in force or who permits it to be driven:\n(a) other than on a public street on which, in pursuance of\nsubsection (11), the vehicle is permitted to be driven; or\n(b) other than in accordance with the conditions, if any, of the\npermit,\nis guilty of a regulatory offence.\n(13) In a prosecution for an offence against subsection 12(a) the onus\nshall be on the defendant to prove that the vehicle in which the\nalleged offence was committed was at that time being driven on a\npublic street on which it was permitted to be driven in pursuance of\nsubsection (11).\n\nMotor Vehicles Act 1949 118\n","sortOrder":173},{"sectionNumber":"137C","sectionType":"section","heading":"Acquisition on just terms","content":"137C Acquisition on just terms\nIf, but for this section, property is acquired under this Act other than\non just terms:\n(a) the person from whom the property is acquired is entitled to\nreceive the compensation necessary to ensure the acquisition\nis on just terms; and\n(b) a court of competent jurisdiction may determine the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":174},{"sectionNumber":"137D","sectionType":"section","heading":"Discovery for purpose of recovery of debts under car parking","content":"137D Discovery for purpose of recovery of debts under car parking\ncontracts\n(1) Any entitlement that a person (the applicant) might otherwise have\nto a preliminary discovery order against the Registrar in relation to\nthe recovery by the applicant of a car parking debt is abrogated by\nthis section.\n(2) A preliminary discovery order in relation to the recovery of a\ncar parking debt means an order of a court or tribunal sought to\nassist the applicant to obtain information about a person for the\npurpose of enabling the applicant to commence civil proceedings\nagainst the person for the recovery of a car parking debt alleged to\nbe owed by the person to the applicant under a contract.\ncontract includes an arrangement or understanding, but does not\ninclude a contract that is in writing and signed or executed by the\nparties to it.\ncar parking debt means an amount payable by a person under a\ncontract in relation to the use by the person of a car park (whether\nas a fee to use the car park, an amount payable for breaching the\ncontract or otherwise).\n","sortOrder":175},{"sectionNumber":"137E","sectionType":"section","heading":"Information sharing","content":"137E Information sharing\n(1) The Registrar may share the following information with any\nregistered person who is assisting the Registrar to assess an\napplicant's capacity or fitness to hold a licence in accordance with\nsection 11:\n(a) medical information received from a licensed driver or an\napplicant for a licence;\n\nMotor Vehicles Act 1949 119\n(b) any driving history of a licensed driver or an applicant for a\n(2) A person who receives information shared by the Registrar under\nsubsection (1) must not intentionally disclose that information to any\nother person, unless:\n(a) the Registrar requires or authorises the disclosure; or\n(b) the licensed driver or applicant authorises the disclosure; or\n(c) the disclosure is authorised or required by law; or\n(d) the information is public knowledge.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) The Minister may, by Gazette notice, authorise the Registrar to\nshare information, of a type or class specified in the notice and held\nby the Registrar, with the person, body or entity specified in the\n(4) Despite anything to the contrary in the Information Act 2002, the\nRegistrar may be authorised to share information under\nsubsection (3) that would be considered personal and confidential\ninformation under that Act.\n(5) The Registrar may share or give prescribed information to a\nprescribed person or class of persons in accordance with the\nregulations.\n","sortOrder":176},{"sectionNumber":"137F","sectionType":"section","heading":"Use of computer programs","content":"137F Use of computer programs\n(1) The Registrar may arrange for the use, under the Registrar's\ncontrol, of computer programs for any purposes for which the\nRegistrar may, or must, under a relevant Act:\n(a) make a decision; or\n(b) exercise a power or perform a function; or\n(c) do anything related to making a decision, exercising a power\nor performing a function.\n(2) The Registrar is taken to have made any decision, exercised any\npower, performed any function or done any other thing that was\nmade, exercised, performed or done by the operation of a computer\nprogram used under subsection (1).\n\nMotor Vehicles Act 1949 120\n(3) The Registrar may substitute a decision for a decision the Registrar\nis taken to have made under subsection (2) if:\n(a) the Registrar is satisfied that the decision made by the\noperation of the computer program is incorrect; or\n(b) that the Registrar would not have made that decision.\nrelevant Act means any of the following:\n(a) this Act, other than this section;\n(b) the Traffic Act 1987;\n(c) any other law prescribed by regulation.\n","sortOrder":177},{"sectionNumber":"138","sectionType":"section","heading":"Regulations","content":"138 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters which are required or permitted to be\nprescribed, or which are necessary or convenient to be prescribed,\nfor carrying out or giving effect to this Act, and in particular\nprescribing matters providing for and in relation to:\n(a) the demerit points scheme set out in Part 3;\n(g) the form, construction and equipment of commercial\npassenger vehicles (within the meaning of the Commercial\nPassenger (Road) Transport Act 1991);\n(o) the medical condition and physical and character fitness of an\napplicant for a driver's licence for a commercial passenger\nvehicle (within the meaning of the Commercial Passenger\n(Road) Transport Act 1991);\n(p) the qualifications of drivers of motor vehicles and riders of\nmotor cycles;\n(s) the width and type of tyres of vehicles;\n(t) the provision of labels relating to the registration of motor\nvehicles and trailers and to the issue of traders' plates and the\naffixing and maintaining of those labels on motor vehicles and\ntrailers;\n(u) the grant of international certificates for vehicles or\ninternational driving permits in accordance with any\nconvention to which the Commonwealth is a party;\n\nMotor Vehicles Act 1949 121\n(v) visiting vehicles;\n(w) the exemption, subject to such conditions (if any) as are\nspecified, from the operation of all or any of the provisions of\nthis Act of:\n(i) vehicles or specified classes of vehicles which are\nowned by persons ordinarily resident outside the\nTerritory and which are temporarily in the Territory;\n(ii) vehicles of any other specified class;\n(iii) persons in respect of a specified class or specified\nclasses of vehicles (including vehicles or specified\nclasses of vehicles which are owned by persons\nordinarily resident outside the Territory and which are\ntemporarily in the Territory);\n(iv) specified areas in the Territory;\n(y) the circumstances under which and the conditions (which may\ninclude the payment of a prescribed fee) subject to which the\nrecords kept and documents filed in the Motor Registry for the\npurposes of this Act may be inspected or the information\ncontained in such records or documents may be made\navailable, or certificates of the Registrar or a prescribed officer\nmay be given;\n(ac) permitting persons in the employment of the Crown to drive\nany motor vehicle belonging to the Crown and providing that\nsuch persons shall be deemed to be licensed for the purposes\nof this Act;\n(ad) the registration and proof of ownership of vehicles belonging\nto the Crown;\n(ae) the imposition of maximum penalties of 15 penalty units in\nrespect of an individual or 85 penalty units in respect of a\ncorporation for breaches of the regulations;\n(af) the fees to be paid for and in relation to the registration,\nrenewal of registration or transfer of registration of vehicles,\nthe grant, renewal, transfer or replacement of licences, labels\nor identification plates, the issue, transfer or replacement of\nnumber plates and the inspection of vehicles; and\n\n","sortOrder":178},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matter for Motor Vehicles (Private Car Parking) Amendment Act","content":"Part 10 Transitional matter for Motor Vehicles (Private Car Parking) Amendment Act\nMotor Vehicles Act 1949 122\n(ag) prescribing:\n(i) the standards of, and equipment to be fitted to, vehicles\nand requiring vehicles or equipment to be maintained in\na specified manner;\n(ii) the manner in which weighing machines may be tested\nand used;\n(iii) loading and unloading practices in respect of vehicles;\n(iv) the dimensions of vehicles;\n(v) the maximum laden mass of particular vehicles, or\nclasses of vehicles, including maximum axle loads or\ncombination of axles loads; and\n(vi) the manner in which persons driving vehicles shall\nminimize any danger and annoyance that may thereby\nbe caused to the public.\n(2) Notwithstanding that the Regulations may prescribe a fee for the\nissue of number plates, the Registrar may offer number plates for\nsale by tender, auction, or other method approved by the Minister,\nand the purchase price paid by a person for number plates so\noffered shall be deemed to be the fee prescribed for the issue of\nthose number plates.\n","sortOrder":179},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Territory Insurance","content":"Part 9 Transitional matters for Territory Insurance\nOffice and Other Legislation Amendment\nAct 2010\n","sortOrder":180},{"sectionNumber":"139","sectionType":"section","heading":"Compensation contributions","content":"139 Compensation contributions\nThe amount specified by Gazette notice made under section 47 and\nin force immediately before the commencement of section 52 of the\nTerritory Insurance Office and Other Legislation Amendment\nAct 2010 is taken to be the amount previously declared for\nsection 47(2)(a).\nPart 10 Transitional matter for Motor Vehicles (Private\nCar Parking) Amendment Act 2015\n","sortOrder":181},{"sectionNumber":"140","sectionType":"section","heading":"Certain orders taken never to have been made","content":"140 Certain orders taken never to have been made\n(1) Any existing preliminary discovery order is taken never to have\nbeen made.\n\nMotor Vehicles Act 1949 123\n(2) In this section:\nexisting preliminary discovery order means a preliminary\ndiscovery order in relation to the recovery of a car parking debt (as\ndefined in section 137D(3)) that was made:\n(a) on or after 1 June 2015; but\n(b) before the day on which the Administrator's assent to the\nMotor Vehicles (Private Car Parking) Amendment Act 2015 is\ndeclared.\n","sortOrder":182},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matter for Traffic and Other","content":"Part 11 Transitional matter for Traffic and Other\nLegislation Amendment Act 2015\n","sortOrder":183},{"sectionNumber":"141","sectionType":"section","heading":"Offences – before and after commencement","content":"141 Offences – before and after commencement\n(1) Section 102AA(7)(a), as amended by the Traffic and Other\nLegislation Amendment Act 2015, applies only in relation to\noffences committed after the commencement of that Act (the\ncommencement).\n(2) Section 102AA(7)(a), as in force before the commencement,\ncontinues to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n","sortOrder":184},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional matters for Transport Legislation","content":"Part 12 Transitional matters for Transport Legislation\nAmendment Act 2025\n","sortOrder":185},{"sectionNumber":"142","sectionType":"section","heading":"Definition","content":"142 Definition\namending Act means the Transport Legislation Amendment\nAct 2025.\n\nMotor Vehicles Act 1949 124\n","sortOrder":186},{"sectionNumber":"143","sectionType":"section","heading":"Savings for existing registration of motor vehicles and motor","content":"143 Savings for existing registration of motor vehicles and motor\nvehicle trader's licences\nDespite the repeal of section 103, as in force immediately before\nthe commencement of section 34 of the amending Act:\n(a) the registration of a motor vehicle that was, immediately\nbefore the commencement, in force for a particular period\nunder this Act continues to be in force after the\ncommencement for the remainder of that period; and\n(b) a motor vehicle trader's licence that was, immediately before\nthe commencement, in force for a particular period under this\nAct continues to be in force after the commencement for the\nremainder of that period.\n","sortOrder":187},{"sectionNumber":"144","sectionType":"section","heading":"Duration of registration of certain trailers registered before","content":"144 Duration of registration of certain trailers registered before\ncommencement\n(1) Subsection (2) applies in relation to a trailer (a relevant trailer) of\nthe class prescribed by the regulation inserted by section 40 of the\namending Act if:\n(a) the trailer was registered, or purported to be registered, before\nthe commencement for a period (a longer period) specified in\nthe trailer's certificate of registration that was longer than the\n12-month period provided by section 103, as in force\nimmediately before the commencement; and\n(b) the longer period was specified in the trailer's certificate of\nregistration in reliance on an exemption from the application of\nsection 103 that was granted, or purported to be granted,\nunder section 135 before the commencement; and\n(c) the longer period specified in the trailer's certificate of\nregistration had not yet expired immediately before the\ncommencement.\n(2) After the commencement, the registration of the relevant trailer:\n(a) is in force for the remainder of the unexpired longer period\nspecified in the trailer's certificate of registration; and\n(b) has effect as if the longer period of registration had been\ngranted under section 103, as inserted by the amending Act.\n\nMotor Vehicles Act 1949 125\ncommencement means the commencement of section 34 of the\namending Act.\n","sortOrder":188},{"sectionNumber":"145","sectionType":"section","heading":"Savings for exemptions in force before commencement","content":"145 Savings for exemptions in force before commencement\nAn exemption granted under section 135 that was in force\nimmediately before the commencement of section 36 of the\namending Act continues in force according to its terms, and may be\nrevoked or amended, as if the exemption had been granted under\nsection 135, as inserted by section 36 of the amending Act.\n\nMotor Vehicles Act 1949 126\nsections 8(a), 16(5), definition\nattachment, 59(1) and (2), 60,\n102(2)(c)(i) and 128A(17),\ndefinition defective\n1 A motor vehicle or trailer must be structurally sound and designed\nand constructed to operate safely on a public street.\n2 All brake and steerage connections must be secured with fasteners\nthat are tensioned sufficiently to operate safely and any secondary\nlocking mechanisms must be in use.\n3 (1) This clause applies to a motor vehicle or trailer if none of the\nrequirements of the Australian Design Rules regarding number\nplates or registration plates apply to it.\n(2) A suitable attachment must be securely fastened at the front and\nrear of a motor vehicle, other than a motor cycle, and at the rear of\na motor cycle or trailer, in a location that enables number plates to\nbe affixed to the motor vehicle or trailer in accordance with the\nrequirements of third edition ADR 43/00.\n(3) No part of a vehicle, or fitting to the vehicle, may be located in a\nplace that would obscure any portion of a number plate affixed to\nthe vehicle.\n4 (1) Subclause (2) applies to a motor cycle if none of the requirements\nof the Australian Design Rules regarding the attachment of a side-\ncar apply to it.\n(2) A side-car must not be attached to the right-hand side of the motor\ncycle.\n\nMotor Vehicles Act 1949 127\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMotor Vehicles Ordinance 1949 (Act No. 15, 1949)\nAssent date 14 December 1949\nCommenced 9 September 1953 (Gaz No. 35, 9 September 1953, p 125)\nMotor Vehicles Regulations (SL No. 6, 1953)\nNotified 16 September 1953\nCommenced 9 September 1953\nMotor Vehicles Regulations (SL No. 14, 1961)\nNotified 13 September 1961\nCommenced 1 November 1961 (r 2)\nMotor Vehicles Regulations (SL No. 19, 1961)\nNotified 18 October 1961\nCommenced 1 November 1961 (r 1)\nMotor Vehicles Regulations (SL No. 6, 1962)\nNotified 21 February 1962\nCommenced 1 May 1962\nMotor Vehicles Regulations (SL No. 6, 1962)\nNotified 21 February 1962\nCommenced 1 May 1962\n\nMotor Vehicles Act 1949 128\nMotor Vehicles Regulations (SL No. 11, 1954)\nNotified 25 August 1954\nCommenced 25 August 1954\nMotor Vehicles Regulations (SL No. 19, 1961)\nNotified 18 October 1961\nCommenced 1 November 1961 (r 1)\nMotor Vehicles Ordinance 1954 (Act No. 7, 1954)\nAssent date 8 December 1954\nCommenced 12 May 1955 (Gaz No. 19, 11 May 1955, p 56)\nMotor Vehicles Ordinance 1956 (Act No. 24, 1956)\nAssent date 28 June 1956\nCommenced 24 October 1957 (Gaz No. 43, 23 October 1957, p 140)\nMotor Vehicles Ordinance 1958 (Act No. 3, 1958)\nAssent date 12 May 1958\nCommenced 7 May 1959 (Gaz No. 19, 6 May 1959, p 60)\nAdministrator's Council Ordinance 1959 (Act No. 22, 1959)\nAssent date 7 July 1959\nCommenced 28 April 1960 (Gaz No. 18, 24 April 1960, p 65)\nMotor Vehicles Ordinance 1961 (Act No. 24, 1961)\nAssent date 16 August 1961\nCommenced 13 September 1961 (Gaz No. 42, 13 September 1961, p 172)\nMotor Vehicles Ordinance (No. 3) 1962 (Act No. 45, 1962)\nAssent date 13 November 1962\nCommenced 5 June 1963\nCommenced 17 August 1966 (Gaz No. 36, 27 July 1966,\np150)\nMotor Vehicles Ordinance 1962 (Act No. 26, 1962)\nAssent date 26 June 1962\nCommenced 26 June 1962\nMotor Vehicles Ordinance (No. 2) 1962 (Act No. 33, 1962)\nAssent date 3 October 1962\nCommenced 3 October 1962\n\nMotor Vehicles Act 1949 129\nMotor Vehicles Ordinance (No. 4) 1962 (Act No. 16, 1963)\nAssent date 13 February 1963\nCommenced 30 October 1963 (Gaz No. 43, 23 October 1963, p 206)\nMotor Vehicles Ordinance 1965 (Act No. 56, 1965)\nAssent date 17 December 1965\nCommenced 14 February 1966\nMotor Vehicles Ordinance 1967 (Act No. 14, 1967)\nAssent date 17 May 1967\nCommenced 17 May 1967\nMotor Vehicles Ordinance (No. 3) 1967 (Act No. 12, 1967)\nAssent date 19 April 1967\nCommenced 19 April 1967\nMotor Vehicles Ordinance (No. 4) 1967 (Act No. 27, 1967)\nAssent date 20 June 1967\nCommenced 20 September 1967 (Gaz No. 47, 20 September 1967, p 245)\nMotor Vehicles Ordinance 1968 (Act No. 14, 1968)\nAssent date 1 May 1968\nCommenced 1 July 1968 (Gaz No. 29, 26 June 1968, p 160)\nMotor Vehicles Ordinance (No. 2) 1968 (Act No. 47, 1968)\nAssent date 28 June 1968\nCommenced 28 June 1968\nMotor Vehicles Ordinance 1969 (Act No. 42, 1969)\nAssent date 27 November 1969\nCommenced 27 November 1969\nMotor Vehicles Ordinance (No. 2) 1969 (Act No. 7, 1970)\nAssent date 8 April 1970\nCommenced 1 July 1971 (Gaz No. 14, 7 April 1971, p 112)\n\nMotor Vehicles Act 1949 130\nMotor Vehicles Ordinance 1970 (Act No. 27, 1970)\nAssent date 30 June 1970\nCommenced 30 June 1970\nMotor Vehicles Ordinance (No. 3) 1970 (Act No. 61, 1970)\nAssent date 8 December 1970\nCommenced 8 December 1970\nMotor Vehicles Ordinance (No. 2) 1970 (Act No. 69, 1970)\nAssent date 10 December 1970\nCommenced 3 February 1971 (Gaz No. 3, 20 January 1971, p 13)\nMotor Vehicles Ordinance (No. 3) 1970 (Act No. 61, 1970)\nAssent date 8 December 1970\nCommenced 8 December 1970\nMotor Vehicles Ordinance (No. 2) 1970 (Act No. 69, 1970)\nAssent date 10 December 1970\nCommenced 3 February 1971 (Gaz No. 3, 20 January 1971, p 13)\nMotor Vehicles Ordinance 1971 (Act No. 32, 1971)\nAssent date 16 June 1971\nCommenced 16 June 1971\nMotor Vehicles Ordinance (No. 2) 1971 (Act No. 46, 1971)\nAssent date 27 September 1971\nCommenced 27 September 1971\nMotor Vehicles Ordinance 1972 (Act No. 76, 1972)\nAssent date 12 December 1972\nCommenced 12 August 1977 (Gaz No. 32, 12 August 1977, p 1241)\nMotor Vehicles Ordinance 1973 (Act No. 24, 1973)\nAssent date 17 May 1973\nCommenced 1 November 1974\nMotor Vehicles Ordinance 1974 (Act No. 57, 1974)\nAssent date 10 October 1974\nCommenced 10 October 1974\nMotor Vehicles Ordinance (No. 2) 1973 (Act No. 39, 1973)\nAssent date 12 July 1973\nCommenced 12 July 1973\nMotor Vehicles Ordinance (No. 3) 1973 (Act No. 49, 1973)\nAssent date 18 July 1973\nCommenced 1 October 1973 (Gaz No. 39, 27 September 1973, p 330)\nMotor Vehicles Ordinance (No. 4) 1973 (Act No. 69, 1973)\nCommenced 2 December 1974 (Gaz No. 41, 21 November 1974, p 533)\n\nMotor Vehicles Act 1949 131\nMotor Vehicles Ordinance (No. 5) 1973 (Act No. 75, 1973)\nCommenced 11 December 1973\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nCommenced 11 December 1973 (s 12(2))\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nAge of Majority Ordinance 1974 (Act No. 37, 1974)\nAssent date 23 September 1974\nCommenced 1 November 1974 (Gaz No. 42, 17 October 1974, p 475)\nMotor Vehicles Ordinance (No. 2) 1975 (Act No. 28, 1975)\nAssent date 7 November 1975\nCommenced 7 November 1975\nMotor Vehicles Ordinance (No. 3) 1975 (Act No. 12, 1976)\nAssent date 5 March 1976\nCommenced 2 April 1976 (Gaz No. 14, 2 April 1976, p 392)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974 (s 2)\nMotor Vehicles Ordinance 1976 (Act No. 37, 1976)\nAssent date 8 September 1976\nCommenced 1 October 1976 (Gaz No. 40, 1 October 1976, p 1183)\nTransfer of Powers Ordinance 1976 (Act No. 64, 1976)\nAssent date 22 December 1976\nCommenced 1 January 1977 (Gaz No. 53, 24 December 1976, p 1573)\nTransfer of Powers Ordinance (No. 2) 1976 (Act No. 65, 1976)\nAssent date 22 December 1976\nCommenced 22 December 1976\n\nMotor Vehicles Act 1949 132\nMotor Vehicles Ordinance 1977 (Act No. 30, 1977)\nAssent date 5 July 1977\nCommenced 5 July 1977\nMotor Vehicles Ordinance 1978 (Act No. 6, 1978)\nAssent date 31 March 1978\nCommenced 5 May 1978 (Gaz No. 18, 5 May 1978, p 6)\nMotor Vehicles Ordinance (No. 2) 1978 (Act No. 21, 1978)\nAssent date 31 May 1978\nCommenced 1 July 1978 (Gaz No. 26B, 30 June 1978, p 4)\nMotor Vehicles Ordinance (No. 3) 1978 (Act No. 44, 1978)\nAssent date 29 June 1978\nCommenced 1 July 1978 (s 3)\nTransfer of Powers (Self-Government Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced s 5: 1 July 1978 (s 8)\nMotor Vehicles Act (No. 4) 1978 (Act No. 90, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nMotor Vehicles Act (No. 5) 1978 (Act No. 4, 1979)\nAssent date 3 January 1979\nCommenced 3 January 1979\nMotor Vehicles Act 1979 (Act No. 24, 1979)\nAssent date 27 March 1979\nCommenced 27 March 1979\nMotor Vehicles Act (No. 2) 1979 (Act No. 70, 1979)\nAssent date 26 June 1979\nCommenced 1 July 1979 (s 3)\nMotor Vehicles Act (No. 3) 1979 (Act No. 133, 1979)\nAssent date 19 October 1979\nCommenced 19 October 1979\nMotor Vehicles Act (No. 4) 1979 (Act No. 153, 1979)\nAssent date 12 December 1979\nCommenced 11 July 1980 (Gaz G26, 27 June 1980, p 2)\nMotor Vehicles Amendment Act 1981 (Act No. 89, 1981)\nAssent date 21 September 1981\nCommenced 20 November 1981 (Gaz G46, 20 November 1981, p 2)\nMotor Vehicles Amendment Act (No. 2) 1981 (Act No. 100, 1981)\nAssent date 21 December 1981\nCommenced 19 February 1982 (Gaz G17, 19 February 1982, p 16)\n\nMotor Vehicles Act 1949 133\nMotor Vehicles Amendment Act 1982 (Act No. 69, 1982)\nAssent date 8 October 1982\nCommenced 1 January 1983 (s 2)\nMotor Vehicles Amendment Act 1983 (Act No. 42, 1983)\nAssent date 3 October 1983\nCommenced 1 February 1984 (Gaz G3, 24 January 1984, p 8)\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2 s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nMotor Vehicles Amendment Act 1984 (Act No. 14, 1984)\nAssent date 12 July 1984\nCommenced 12 July 1984\nMotor Vehicles Amendment Act (No. 2) 1984 (Act No. 15, 1984)\nAssent date 12 July 1984\nCommenced 12 July 1984\nMotor Vehicles Amendment Act 1985 (Act No. 38, 1985)\nAssent date 18 September 1985\nCommenced 6 May 1986 (Gaz G16, 23 April 1986, p 11)\nStatute Law Revision Act 1985 (Act No. 49, 1985)\nAssent date 1 October 1985\nCommenced 1 October 1985\nMotor Vehicles Amendment Act 1986 (Act No. 28, 1986)\nAssent date 14 July 1986\nCommenced 1 February 1987 (Gaz S8, 30 January 1987)\nMotor Vehicles Amendment Act (No. 2) 1986 (Act No. 34, 1986)\nAssent date 19 September 1986\nCommenced 5 November 1986 (Gaz G44, 5 November 1986, p 6)\nCriminal Law (Regulatory Offences) Act 1986 (Act No. 35, 1986)\nAssent date 19 September 1986\nCommenced 19 September 1986\nMotor Accidents (Compensation) Amendment Act (No. 2) 1986 (Act No. 51, 1986)\nAssent date 19 December 1986\nCommenced 1 January 1987 (Gaz S90, 24 December 1986)\nStatute Law Revision Act 1986 (Act No. 64, 1986)\nAssent date 19 December 1986\nCommenced 19 December 1986\nMotor Vehicles Amendment Act 1987 (Act No. 38, 1987)\nAssent date 13 October 1987\nCommenced ss 12, 13 and 18: 7 March 1988 (Gaz S12, 7 March 1988);\nrem: 2 November 1987 (Gaz S71, 29 October 1987)\n\nMotor Vehicles Act 1949 134\nMotor Vehicles Amendment Act (No. 2) 1987 (Act No. 55, 1987)\nAssent date 4 December 1987\nCommenced 4 December 1987\nStatute Law Revision Act 1988 (Act No. 66, 1988)\nAssent date 22 December 1988\nCommenced 22 December 1988\nMotor Vehicles Amendment Act 1989 (Act No. 30, 1989)\nAssent date 28 June 1989\nCommenced s 14: nc (rep by Act No 39, 2005 before comm);\nss 6, 8, 13 and 20: 1 August 1990 (Gaz S47, 1 August 1990);\nrem: 1 August 1989 (Gaz S38, 1 August 1989)\nLegislation Repeal Act 2005 (Act No. 39, 2005)\nAssent date 22 November 2005\nCommenced 22 November 2005\nLocal Court (Consequential Amendments) Act 1990 (Act No. 31, 1990)\nAssent date 11 June 1990\nCommenced s 5: 11 June 1990; rem: 1 January 1991 (s 2, s 2 Small\nClaims Amendment Act 1988 (Act No. 43, 1988), Gaz G17,\n3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989)\nand Gaz G49, 12 December 1990, p 2)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nMotor Vehicles Amendment Act 1991 (Act No. 30, 1991)\nAssent date 17 June 1991\nCommenced 27 October 1992 (s 2, s 2 Commercial Passenger (Road)\nTransport Act 1991 (Act No. 34, 1991) and Gaz G42,\n21 October 1992, p 2)\nMotor Vehicles Amendment Act 1992 (Act No. 35, 1992)\nAssent date 25 June 1992\nCommenced ss 4, 5 and 7: 1 July 1994; rem: 1 January 1994 (s 2, s 2\nTraffic Amendment Act 1992 (Act No. 31, 1992) and Gaz\nG51, 22 December 1993, p 4)\nMotor Vehicles Amendment Act 1992 Amendment Act 1993 (Act No. 82, 1993)\nAssent date 16 December 1993\nCommenced 16 December 1993\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\n\nMotor Vehicles Act 1949 135\nMotor Vehicles Amendment Act 1994 (Act No. 19, 1994)\nAssent date 18 April 1994\nCommenced 1 March 1995 (Gaz G7, 15 February 1995, p 4)\nMotor Vehicles Amendment Act (No. 2) 1994 (Act No. 27, 1994)\nAssent date 18 May 1994\nCommenced 1 July 1994 (s 2 and s 2 Motor Vehicles Amendment Act 1992\n(Act No. 35, 1992))\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act\nNo. 4, 1995) and Gaz S13, 31 March 1995)\nMotor Vehicles Amendment Act 1995 (Act No. 23, 1995)\nAssent date 26 June 1995\nCommenced 26 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nMotor Vehicles Amendment Act 1996 (Act No. 24, 1996)\nAssent date 25 June 1996\nCommenced 25 June 1996\nMotor Vehicles Amendment Act 1998 (Act No. 3, 1998)\nAssent date 25 March 1998\nCommenced 25 March 1998\nMotor Vehicles Amendment Act (No. 2) 1998 (Act No. 98, 1998)\nAssent date 29 December 1998\nCommenced 9 February 1999 (Gaz S4, 9 February 1999)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nMotor Vehicles Amendment Act 2001 (Act No. 58, 2001)\nAssent date 28 November 2001\nCommenced 28 November 2001\nMotor Vehicles Amendment Act 2001 Amendment Act 2003 (Act No. 39, 2003)\nAssent date 30 June 2003\nCommenced 30 June 2003\n\nMotor Vehicles Act 1949 136\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 60, 2002) and Gaz G50,\n19 December 2001, p 3)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nCommercial Passenger (Road) Transport Amendment Act 2003 (Act No. 1, 2003)\nAssent date 27 February 2003\nCommenced 1 March 2003 (Gaz S3, 28 February 2003)\nCommercial Passenger (Road) Transport (Consequential Amendments) Act 2003 (Act\nNo. 41, 2003)\nAssent date 7 July 2003\nCommenced 1 August 2003 (Gaz G30, 30 July 2003, p 2)\nUncollected Goods (Consequential Amendments) Act 2004 (Act No. 34, 2004)\nAssent date 4 June 2004\nCommenced 1 July 2004 (s 2, s 2 Uncollected Goods Act 2004 (Act No. 33,\n2004) and Gaz G26, 30 June 2004, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nCommercial Passenger Vehicles Legislation Amendment Act 2006 (Act No. 3, 2006)\nAssent date 8 March 2006\nCommenced 8 March 2006\nMotor Vehicles Amendment Act 2006 (Act No. 14, 2006)\nAssent date 18 May 2006\nCommenced 18 October 2006 (Gaz G42, 18 October 2006, p 2)\nTransport Legislation (Road Safety) Amendment Act 2007 (Act No. 10, 2007)\nAssent date 21 June 2007\nCommenced 1 July 2007 (Gaz S16, 27 June 2007)\nTransport Legislation (Demerit Points) Amendment Act 2007 (Act No. 13, 2007)\nAssent date 28 August 2007\nCommenced 1 September 2007 (s 2)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nTransport Legislation (Drug Driving) Amendment Act 2008 (Act No. 7, 2008)\nAssent date 11 March 2008\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nTransport Legislation (Alcohol Ignition Locks) Amendment Act 2008 (Act No. 32, 2008)\nAssent date 21 November 2008\nCommenced 9 April 2009 (Gaz S15, 9 April 2009)\n\nMotor Vehicles Act 1949 137\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nTrade Measurement Legislation Repeal Act 2010 (Act No. 6, 2010)\nAssent date 17 March 2010\nCommenced pt 4: 17 March 2010; rem: 1 July 2010 (s 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 July 2010\nCommenced 1 July 2010 (s 2)\nTerritory Insurance Office and Other Legislation Amendment Act 2010 (Act No. 35,\n2010)\nAssent date 18 November 2010\nCommenced pt 4: 1 January 2011; rem: 18 November 2010 (s 2)\nTraffic and Other Legislation Amendment Act 2011 (Act No. 22, 2011)\nAssent date 22 August 2011\nCommenced 1 September 2011 (Gaz G35, 31 August 2011, p 9)\nJustice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011)\nAssent date 31 August 2011\nCommenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4\npt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012\n(Gaz S9, 21 February 2012)\nFines and Penalties (Recovery) and Other Legislation Amendment Act 2011 (Act\nNo. 43, 2011)\nAssent date 21 December 2011\nCommenced 1 March 2012 (Gaz S9, 21 February 2012)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nMotor Vehicles Amendment Act 2013 (Act No. 19, 2013)\nAssent date 28 June 2013\nCommenced 1 July 2013 (s 2)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nTerritory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)\nAssent date 28 November 2014\nCommenced pt 6, divs 1 and 2: nc (exp without commencing);\npt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,\n19 December 2014, p 8); rem: 28 November 2014 (s 2)\n\nMotor Vehicles Act 1949 138\nMotor Vehicles (Private Car Parking) Amendment Act 2015 (Act No. 21, 2015)\nAssent date 6 July 2015\nCommenced 1 June 2015 (s 2)\nTraffic and Other Legislation Amendment Act 2015 (Act No. 35, 2015)\nAssent date 17 December 2015\nCommenced 1 February 2016 (Gaz G3, 20 January 2016, p 10)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nTransport Legislation Amendment Act 2019 (Act No. 35, 2019)\nAssent date 6 November 2019\nCommenced s 11: nc (Act rep by Act No. 23, 2020, before comm);\nrem: 11 December 2019 (Gaz S70, 11 December 2019)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nTransport Legislation Amendment Act 2020 (Act No. 23, 2020)\nAssent date 10 July 2020\nCommenced 1 July 2021 (Gaz G23, 9 June 2021, p 1)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nTransport Legislation Amendment Act 2022 (Act No. 1, 2022)\nAssent date 1 March 2022\nCommenced 4 May 2022 (Gaz S20, 29 April 2022)\n\nMotor Vehicles Act 1949 139\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nFines and Penalties (Recovery) Legislation Amendment Act 2024 (Act No. 23, 2024)\nAssent date 9 December 2024\nCommenced 10 December 2024 (s 2 and s 2 Fines and Penalties\n(Recovery) Amendment (Validation) Act 2024 (Act No. 22,\n2024)\nTransport Legislation Amendment Act 2025 (Act No. 23, 2025)\nAssent date 12 September 2025\nCommenced pts 2, 4, 5 and 6: nc; rem: 18 November 2025 (Gaz S69,\n17 November 2025)\n3 GAZETTE NOTICES\nGaz G31, 8 August 1984, pp 14 – 15\nGaz G6, 13 February 1985, pp 7 – 8\nGaz S64, 17 October 1985, pp 1 – 2\nGaz G16, 23 April 1986, pp 9 – 11\nGaz S90, 24 December 1986, p 1\nGaz G45, 9 November 1988, pp 5 – 6\nGaz G31, 9 August 1989, pp 3 – 4\n","sortOrder":189},{"sectionNumber":"4","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"4 SAVINGS AND TRANSITIONAL PROVISIONS\ns 5 Motor Vehicles Ordinance (No. 3) 1967 (Act No. 12, 1967)\ns 4 Motor Vehicles Ordinance (No. 2) 1978 (Act No. 21, 1978)\ns 4 Motor Vehicles Ordinance (No. 3) 1978 (Act No. 44, 1978)\ns 4 Motor Vehicles Act (No. 4) 1978 (Act No. 90, 1978)\ns 4 Motor Vehicles Act (No. 6) 1978 (Act No. 21, 1979)\ns 7 Motor Vehicles Act (No. 2) 1979 (Act No. 70, 1979)\ns 9 Motor Vehicles Amendment Act (No. 2) 1986 (Act No. 34, 1986)\ns 20 Motor Vehicles Amendment Act 1989 (Act No. 30, 1989)\ns 7 Motor Vehicles Amendment Act 1992 (Act No. 35, 1992)\ns 31 Motor Vehicles Amendment Act 1996 (Act No. 24, 1996)\ns 5 Motor Vehicles Amendment Act 2001 (Act No. 58, 2001)\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 5, 9, 10, 13, 13A, 14, 16 – 20, 22, 24, 25, 25B, 25D – 25K, 27A, 27B, 28A,\n30, 32, 34 – 36, 38, 43 – 50, 51 – 53, 55 – 60, 62 – 64, 66 – 69, 71 – 76, 82 –\n88, 91, 95 – 98, 100 – 102, 103, 105, 107, 107A, 110, 113, 114, 117, 132,\n133, 135 – 138.\n\nMotor Vehicles Act 1949 140\n6 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 2018) to: ss 1, 5, 10, 11A, 12, 13, 13A, 19,\n20, 20A, 21, 22, 25J, 25K, 25M, 25R, 25S, 26, 28, 33X, 35, 37, 44, 47A, 49,\n102, 102AAA, 102AAD, 102AA and 138.\n7 LIST OF AMENDMENTS\nlt amd No. 89, 1981, s 11\npt 1 hdg amd No. 23, 2020, s 26\nss 1 – 3 amd No. 89, 1981, s 11\ns 4 amd No. 12, 1966, s 3\nrep No. 89, 1981, s 11\ns 5 amd No. 24, 1956, s 3; No. 24, 1961, s 3; No. 12, 1966, s 4; No. 7, 1970, s 3;\nNo. 76, 1972, s 4; No. 87, 1973, s 12; No. 27, 1976, s 6; No. 64, 1976, s 4;\nNo. 44, 1978, s 5; No. 54, 1978, s 3; No. 4, 1979, s 3; No. 70, 1979, s 4;\nNo. 89, 1981, s 11; No. 100, 1981, s 4; No. 69, 1982, s 4; No. 15, 1984, s 3;\nNo. 28, 1986, s 4; No. 38, 1987, s 4; No. 30, 1989, s 4; No. 30, 1991, s 4;\nNo. 24, 1996, s 3; No. 98, 1998, s 4; No. 1, 2003, s 17; No. 41, 2003, s 3;\nNo. 3, 2006, s 10; No. 10, 2007, s 4; No. 6, 2008, s 3; No. 32, 2008, s 4;\nNo. 25, 2009, s 10; No. 24, 2011, s 35; No. 41, 2014, s 53; No. 35, 2015, s 4;\nNo. 10, 2018, s 6; No. 35, 2019, s 7; No. 23, 2020, s 4; No. 39, 2019, s 370;\nNo. 1, 2022, s 12; No. 23, 2025, s 29\ns 5A ins No. 23, 2020, s 5\namd No. 23, 2025, s 30\ns 6 amd No. 89, 1981, s 11\ns 7 amd No. 28, 1975, s 3; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 89, 1981,\ns 11; No. 28, 1987, s 3; No. 35, 2019, s 8; No. 23, 2025, s 31\ns 7A ins No. 69, 1982, s 5\ns 7B ins No. 1, 2022, s 13\npt 2 hdg amd No. 23, 2020, s 26\ns 8 sub No. 26, 1962, s 2\namd No. 89, 1981, s 11; No. 100, 1981, s 5\nsub No. 24, 1996, s 4\namd No. 23, 2020, s 6\ns 8A ins No. 6, 1978, s 4\namd No. 38, 1987, s 5; No. 30, 1989, s 5; No. 32, 2008, s 5; No. 23, 2020, s 7\ns 9 amd No. 27, 1967, s 6; No. 47, 1968, s 2; No. 32, 1971, s 2; No. 69, 1973,\ns 4; No. 27, 1976, s 6; No. 21, 1978, s 5; No. 54, 1978, s 4; No. 89, 1981,\ns 11; No. 42, 1983, s 4; No. 66, 1988, s 6; No. 30, 1989, s 6; No. 35, 1992,\ns 4\nsub No. 10, 2007, s 5\ns 10 amd No. 7, 1954, s 3; No. 12, 1966, s 5; No. 27, 1970, s 2; No. 32, 1971, s 3;\nNo. 69, 1973, s 5; No. 87, 1973, s 12; No. 27, 1976, s 6; No. 21, 1978, s 6;\nNo. 89, 1981, s 11; No. 42, 1983, s 5; No. 38, 1987, s 6; No. 30, 1989, s 7;\nNo. 30, 1991, s 5; No. 35, 1992, s 5; No. 27, 1994, s 3; No. 24, 1996, s 5;\nNo. 98, 1998, s 5; No. 1, 2003, s 17; No. 41, 2003, s 3; No. 10, 2007, s 6;\nNo. 32, 2008, s 6; No. 23, 2024, s 34\nss 10AA –\n10AC ins No. 38, 1985, s 4\ns 10A ins No. 69, 1973, s 6\namd No. 87, 1973, s 12; No. 28, 1975, s 4; No. 12, 1976, s 4; No. 37, 1976,\ns 4; No. 89, 1981, s 11; No. 55, 1987, s 2; No. 66, 1988, s 6\nsub No. 10, 2007, s 7\n\nMotor Vehicles Act 1949 141\ns 11 amd No. 69, 1973, s 7; No. 89, 1981, s 11\nsub No. 98, 1998, s 6\namd No. 44, 2005, s 22; No. 10, 2007, s 8; No. 18, 2010, s 89; No. 17, 2012,\ns 55; No. 35, 2019, s 9\ns 11AA ins No. 3, 2006, s 11\ns 11A ins No. 28, 1975, s 5\namd No. 30, 1977, s 3; No. 89, 1981, s 11\nsub No. 23, 2025, s 32\ns 12 rep No. 30, 1989, s 21\nins No. 58, 2001, s 4\nrep No. 23, 2025, s 32\ns 12A ins No. 58, 2001, s 4\nrep No. 23, 2025, s 32\ns 13 amd No. 28, 1975, s 6; No. 21, 1978, ss 7 and 15; No. 54, 1978, s 4; No. 89,\n1981, s 11; No. 64, 1986, s 4; No. 28, 1993, s 3; No. 24, 1996, s 6; No. 6,\n2008, s 3\ns 13A ins No. 7, 1954, s 4\namd No. 24, 1973, s 4; No. 70, 1979, s 5; No. 89, 1981, s 11; No. 49, 1985,\ns 4; No. 24, 1996, s 7; No. 98, 1998, s 7; No. 6, 2008, s 3\ns 14 amd No. 12, 1966, s 6; No. 76, 1972, s 5; No. 89, 1981, s 11; No. 30, 1989,\ns 21; No. 24, 1996, s 32; No. 10, 2007, s 9\ns 16 sub No. 89, 1981, s 4\namd No. 30, 1989, s 21; No. 23, 2020, s 8; No. 23, 2024, s 35\nss 17 – 18 amd No. 27, 1967, s 6; No. 21, 1978, s 15; No. 54, 1978, s 4\nsub No. 23, 2020, s 9\ns 19 amd No. 49, 1973, s 4; No. 30, 1991, s 6; No. 41, 2003, s 3\ns 19A ins No. 98, 1998, s 8\ns 20 amd No. 12, 1966, s 7; No. 27, 1967, s 6; No. 21, 1978, s 15; No. 54, 1978,\ns 4; No. 89, 1981, s 11; No. 24, 1996, s 32\nsub No. 3, 1998, s 3\namd No. 60, 2001, s 12; No. 34, 2004, s 3; No. 23, 2024, s 36\ns 20A ins No. 34, 2004, s 4\namd No. 35, 2019, s 10\ns 21 rep No. 12, 1966, s 8\nins No. 3, 1998, s 3\namd No. 62, 2001, s 15\ns 21A ins No. 3, 1998, s 3\ns 22 amd No. 45, 1962, s 3; No. 21, 1978, s 8; No. 30, 1991, s 7; No. 98, 1998,\ns 17; No. 41, 2003, s 3\ns 23 amd No. 28, 1975, s 7; No. 21, 1978, s 15; No. 89, 1981, s 11; No. 3, 1998,\ns 4; No. 23, 2020, s 10\ns 24 sub No. 12, 1966, s 9\namd No. 24, 1996, s 8\ns 25 amd No. 24, 1996, s 9\ns 25A ins No. 12, 1966, s 10\ns 25B ins No. 12, 1966, s 10\namd No. 37, 1974, s 11; No. 89, 1981, s 11; No. 38, 1987, s 7\ns 25C ins No. 12, 1966, s 10\namd No. 76, 1972, s 6\ns 25D ins No. 12, 1966, s 10\ns 25E ins No. 12, 1966, s 10\namd No. 21, 1978, s 9\n\nMotor Vehicles Act 1949 142\ns 25F ins No. 12, 1966, s 10\ns 25G ins No. 12, 1966, s 10\namd No. 31, 1990, s 7\ns 25H ins No. 12, 1966, s 10\npt 2A hdg ins No. 24, 2011, s 36\ndiv 1 hdg ins No. 24, 2011, s 36\ns 25J ins No. 12, 1966, s 10\nrep No. 30, 1989, s 8\nins No. 24, 2011, s 36\namd No. 4, 2024, s 41\ns 25K ins No. 12, 1966, s 10\nrep No. 30, 1989, s 8\nins No. 24, 2011, s 36\ndiv 2 hdg ins No. 24, 2011, s 36\ns 25L ins No. 24, 2011, s 36\namd No. 27, 2014, s 57; No. 8, 2016, s 45\ns 25M ins No. 24, 2011, s 36\namd No. 4, 2024, s 42\nss 25N – 25P ins No. 24, 2011, s 36\ndiv 3 hdg ins No. 24, 2011, s 36\ns 25Q ins No. 24, 2011, s 36\namd No. 27, 2014, s 57; No. 8, 2016, s 45\ns 25R ins No. 24, 2011, s 36\namd No. 4, 2024, s 43\ns 25S ins No. 24, 2011, s 36\namd No. 4, 2024, s 44\ns 25T ins No. 24, 2011, s 36\npt 3 hdg rep No. 30, 1991, s 8\npt 3\ndiv 1 hdg rep No. 30, 1991, s 8\ns 26 amd No. 76, 1972, s 7; No. 49, 1973, s 5; No. 54, 1978, s 4; No. 90, 1978,\ns 3; No. 38, 1987, s 8\ns 27 amd No. 76, 1972, s 8; No. 49, 1973, s 6; No. 27, 1978, s 15; No. 54, 1978,\ns 4; No. 38, 1987, s 9\ns 27AA ins No. 38, 1987, s 10\ns 27A ins No. 49, 1973, s 7\namd No. 27, 1976, s 6; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 89, 1981,\ns 11; No. 34, 1986, s 5; No. 38, 1987, s 11\n\nMotor Vehicles Act 1949 143\ns 27B ins No. 49, 1973, s 7\namd No. 27, 1976, s 6; No. 64, 1976, s 4, No. 54, 1978, s 3; No. 89, 1981,\ns 11; No. 34, 1986, s 6; No. 38, 1987, s 12\ns 27E ins No. 24, 1979, s 3\nss 27F – 27G ins No. 38, 1987, s 13\ns 28 amd No. 76, 1972, s 9; No. 21, 1978, s 10; No. 54, 1978, s 4; No. 89, 1981,\ns 11; No. 30, 1989, s 21\namd No. 24, 2011, s 37; No. 4, 2024, s 45\ns 28A ins No. 33, 1962, s 2\namd No. 27, 1967, s 6; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 89, 1981,\ns 11\npt 3\ndiv 2 hdg ins No. 13, 2007, s 4\ns 29 rep No. 30, 1991, s 8\ns 30 amd No. 27, 1967, s 6; No. 76, 1972, s 10; No. 64, 1976, s 4; No. 21, 1978,\ns 15; No. 54, 1978, ss 3 and 4; No. 89, 1981, s 11; No. 30, 1989, s 21\npt 3\ndiv 3 hdg ins No. 13, 2007, s 4\ns 31 rep No. 30, 1991, s 8\ns 32 amd No. 7, 1970, s 4; No. 64, 1976, s 4; No. 54, 1978, ss 3 and 4; No. 89,\n1981, s 11\ns 33 rep No. 30, 1991, s 8\ns 33A ins No. 13, 2007, s 4\npt 3\ndiv 4 hdg ins No. 13, 2007, s 4\ns 33B ins No. 13, 2007, s 4\npt 3\ndiv 5 hdg ins No. 13, 2007, s 4\nss 33C – 33F ins No. 13, 2007, s 4\npt 3\ndiv 6 hdg ins No. 13, 2007, s 4\nss 33G – 33L ins No. 13, 2007, s 4\npt 3\ndiv 7 hdg ins No. 13, 2007, s 4\nss 33M – 33R ins No. 13, 2007, s 4\ns 33S ins No. 13, 2007, s 4\namd No. 8, 2016, s 45\nss 33T – 33U ins No. 13, 2007, s 4\npt I3II\ndiv 8 hdg ins No. 13, 2007, s 4\nss 33V – 33X ins No. 13, 2007, s 4\ns 33Y ins No. 13, 2007, s 4\nrep No. 1, 2022, s 14\ns 33Z ins No. 13, 2007, s 4\n\nMotor Vehicles Act 1949 144\npt 4 hdg amd No. 23, 2020, s 26\ns 34 amd No. 76, 1972, s 11; No. 39, 1973, s 2; No. 87, 1973, s 3; No. 54, 1978,\ns 4; No. 89, 1981, s 11; No. 30, 1989, s 21; No. 23, 2025, s 33\ns 35 amd No. 28, 1975, s 8; No. 89, 1981, s 5; No. 50, 1994, s 16; No. 24, 1996,\ns 32\ns 37 amd No. 89, 1981, s 6; No. 24, 1996, s 32\ns 38 amd No. 27, 1967, s 6; No. 21, 1978, s 15; No. 54, 1978, s 4; No. 89, 1981,\ns 11\ns 39 amd No. 17, 1996, s 6\ns 41 rep No. 89, 1981, s 7\ns 42 amd No. 89, 1981, s 11\nsub No. 23, 2020, s 11\ns 43 amd No. 89, 1981, s 8\npt 5 hdg sub No. 70, 1979, s 6\npt 5\ndiv 1 hdg ins No. 14, 2006, s 4\nsub No. 35, 2010, s 51\ns 44 amd No. 28, 1975, s 9\nrep No. 89, 1981, s 9\nins No. 30, 1991, s 9\nsub No. 14, 2006, s 4; No. 35, 2010, s 51\namd No. 41, 2014, s 53\npt 5\ndiv 2 hdg ins No. 14, 2006, s 4\ns 45 amd No. 87, 1973, s 12; No. 64, 1976, s 4; No. 54, 1978, ss 3 and 4\namd No. 89, 1981, s 11; No. 51, 1986, s 4; No. 30, 1991, s 10; No. 23, 2020,\ns 12\ns 46 amd No. 54, 1978, s 4\namd No. 133, 1979, s 3; No. 30, 1991, s 16; No. 41, 2014, s 53; No. 23,\n2020, s 13\ns 47 amd No. 27, 1967, s 6; No. 24, 1973, s 5\namd No. 28, 1986, s 5; No. 51, 1986, s 4; No. 30, 1989, s 9; No. 30, 1991,\ns 16\nsub No. 14, 2006, s 5; No. 35, 2010, s 52\namd No. 23, 2020, s 14\ns 47A ins 47, 2006, s 5\nsub No. 35, 2010, s 52\namd No. 41, 2014, s 53\nss 47B– 47C ins 47, 2006, s 5\ns 48 sub No. 70, 1979, s 6\namd No. 30, 1991, s 16; No. 41, 2014, s 53\nrep No. 23, 2020, s 15\ns 49 sub No. 70, 1979, s 6\namd No. 30, 1991, s 16; No. 5, 1995, s 19\nrep No. 23, 2020, s 15\npt 5\ndiv 3 hdg ins No. 14, 2006, s 6\nss 49A – 49C ins No. 14, 2006, s 6\npt 5A hdg ins No. 69. 1982, s 6\n\nMotor Vehicles Act 1949 145\ndiv 1 hdg ins No. 69. 1982, s 6\ns 50 amd No. 27, 1967, s 6; No. 24, 1973, s 6; No. 44, 1978, s 6\ns 50A ins No. 24, 1973, s 7\namd No. 28, 1975, s 10; No. 64, 1976, s 4; No. 54, 1978, s 3\ns 51 amd No. 24, 1973, s 8\namd No. 15, 1984, s 4\ndiv 2 hdg ins No. 69, 1982, s 6\ns 52 amd No. 12, 1967, s 2; No. 27, 1967, s 6; No. 69, 1970, s 3\ns 53 amd No. 61, 1970, s 2; No. 32, 1971, s 4\ndiv 3 hdg ins No. 69, 1982, s 6\ns 54 rep No. 70, 1979, s 6\ns 55 amd No. 69, 1970, s 4\ndiv 4 hdg ins No. 69, 1982, s 6\ns 56 amd No. 69, 1970, s 5; No. 64, 1976, s 4; No. 54, 1978, s 3\npt 5B hdg ins No. 69, 1982, s 6\ns 57 amd No. 28, 1975, s 11; No. 64, 1976, s 4; No. 54, 1978, s 3\ns 58 amd No. 27, 1967, s 6\nsub No. 69, 1970, s 6\namd No. 24, 1973, s 9; No. 28, 1975, s 12\ns 59 amd No. 12, 1967, s 3; No. 61, 1970, s 3; No. 87, 1973, s 12\namd No. 38, 1987, s 14; No. 24, 1996, s 10; No. 23, 2020, s 26\ns 60 amd No. 69, 1970, s 7; No. 87, 1973, s 12; No. 64, 1976, s 4; No. 54, 1978,\ns 3\namd No. 24, 1996, s 11; No. 23, 2020, s 26\n\nMotor Vehicles Act 1949 146\npt 5C hdg ins No. 69, 1982, s 6\npt 5C\ndiv 1 hdg ins No. 23, 2020, s 16\nss 60A – 60B ins No. 23, 2020, s 16\npt 5C\ndiv 2 hdg ins No. 23, 2020, s 16\ns 61 rep No. 70, 1979, s 6\namd No. 3, 2001, s 8; No. 6, 2010, s 18; No. 23, 2020, s 26\ns 62 rep No. 70, 1979, s 6\ns 63 rep No. 70, 1979, s 6\namd No. 98, 1998, s 17; No. 6, 2010, s 19\npt 5D hdg ins No. 69, 1982, s 6\ns 64 amd No. 12, 1967, s 4\ns 65 rep No. 70, 1979, s 6\namd No. 98, 1998, s 17; No. 23, 2013, s 4\npt 5E hdg ins No. 69, 1982, s 6\npt 5E\ndiv 1 hdg ins No. 69, 1982, s 6\ns 66 rep No. 70, 1979, s 6\namd No. 15, 1984, s 5; No. 23, 2020, s 26\ns 67 rep No. 70, 1979, s 6\namd No. 17, 1996, s 6; No. 98, 1998, s 9; No. 23, 2020, s 26\nss 68 – 70 rep No. 70, 1979, s 6\ns 71 amd No. 64, 1976, s 4; No. 54, 1978, s 3\nss 72 – 74 amd No. 27, 1967, s 6\nss 75 – 79 rep No. 70, 1979, s 6\ns 80 amd No. 27, 1976, s 6; No. 7, 1970, s 5\nrep No. 37, 1976, s 5\nss 80A – 80B ins No. 75, 1973, s 4\nrep No. 37, 1976, s 5\ns 81 amd No. 27, 1976, s 6; No. 64, 1976, s 4; No. 54, 1978, s 3\ns 82 amd No. 32, 1971, s 5\ns 83 amd No. 27, 1967, s 6; No. 54, 1978, s 4\ns 84 amd No. 76, 1972, s 12; No. 54, 1978, s 4\ns 85 rep No. 70, 1979, s 6\ns 86 amd No. 27, 1967, s 6\ns 87 rep No. 70, 1979, s 6\ns 88 amd No. 27, 1967, s 6; No. 24, 1973, s 10\n\nMotor Vehicles Act 1949 147\nss 89 – 90 rep No. 70, 1979, s 6\ns 91 sub No. 12, 1966, s 11\namd No. 61, 1970, s 4\npt 6 hdg amd No. 23, 2020, s 26\ns 92 amd No. 38, 1985, s 5; No. 30, 1989, s 10; No. 24, 1996, s 12; No. 3, 1998,\ns 5\ns 92A ins No. 98, 1998, s 10\ns 93 amd No. 24, 1996, s 13\ns 94 rep No. 27, 1967, s 3\ns 95 amd No. 12, 1966, s 12; No. 24, 1996, s 14; No. 98, 1998, s 17\nsub No. 23, 2020, s 17\ns 96 amd No. 27, 1967, s 6; No. 21, 1978, s 15; No. 54, 1978, s 4; No. 24, 1996,\ns 15\ns 97 amd No. 89, 1981, s 11; No. 24, 1996, s 16\nsub No. 98, 1998, s 11\ns 98 amd No. 45, 1962, s 4; No. 12, 1966, s 13\nsub No. 27, 1967, s 4\namd No. 21, 1978, s 11; No. 89, 1981, s 11; No. 17, 1996, s 6; No. 24, 1996,\nss 17 and 32\ns 99 amd No. 24, 1961, s 4\nrep No. 27, 1967, s 5\ns 100 amd No. 27, 1967, s 6; No. 21, 1978, s 15; No. 54, 1978, s 4; No. 24, 1996,\ns 18\ns 101 amd No. 27, 1967, s 6\nrep No. 21, 1978, s 12\nins No. 30, 1989, s 11\nsub No. 23, 2020, s 18\ns 101AA ins No. 23, 2020, s 18\ns 101A ins No. 35, 1992, s 6\ns 101B ins No. 98, 1998, s 12\ns 102 amd No. 26, 1962, s 3; No. 28, 1975, s 13; No. 64, 1976, s 4; No. 54, 1978,\ns 3; No. 89, 1981, s 11; No. 100, 1981, s 6; No. 38, 1987, s 15; No. 30, 1989,\ns 12; No. 59, 1990, s 4; No. 30, 1991, s 11; No. 23, 1995, s 2; No. 17, 1996,\ns 6; No. 24, 1996, s 19; No. 98, 1998, s 13; No. 17, 2001, s 21; No. 60, 2001,\ns 12; No. 1, 2003, s 17; No. 3, 2006, s 12; No. 43, 2011, s 33; No. 23, 2020,\ns 19; No. 23, 2024, s 37\nss 102AAA –\n102AAD ins No. 3, 2006, s 13\ns 102AA ins No. 19, 1994, s 4\namd No. 17, 1996, s 6; No. 24, 1996, s 32; No. 3, 1998, s 6; No. 7, 2008,\ns 19; No. 22, 2011, s 48; No. 35, 2015, s 4; No. 23, 2020, s 20; No. 4, 2024,\ns 46\ns 102A ins No. 24, 1961, s 5\ns 103 amd No. 16, 1963, s 3; No. 27, 1967, s 6; No. 76, 1972, s 13; No. 27, 1976,\ns 6; No. 54, 1978, s 4; No. 70, 1979, s 8; No. 89, 1981, s 11; No. 30, 1989,\ns 13; No. 98, 1998, s 14; No. 10, 2007, s 10; No. 23, 2020, s 26\nsub No. 23, 2025, s 34\ns 104 rep No. 98, 1998, s 17\nins No. 10, 2007, s 11\namd No. 32, 2008, s 7\ns 105 amd No. 24, 1961, s 6; No. 89, 1981, s 11\nrep No. 50, 1994, s 16\nins No. 23, 2025, s 35\ns 106 amd No. 89, 1981, s 11\npt 6A hdg ins No. 100, 1981, s 7\n\nMotor Vehicles Act 1949 148\ns 106A ins No. 100, 1981, s 7\namd No. 98, 1998, s 17\nss 106B –\n106E ins No. 100, 1981, s 7\npt 6B hdg ins No. 24, 1996, s 20\ns 107 sub No. 12, 1966, s 14\namd No. 6, 1978, s 5; No. 133, 1979, s 4; No. 38, 1987, s 16\ns 107A ins No. 24, 1961, s 7\namd No. 6, 2008, s 3\ns 107B ins No. 133, 1979, s 5\nsub No. 14, 1984, s 2\namd No. 64, 1986, s 4\namd No. 6, 2008, s 3\npt 7 hdg amd No. 23, 2020, s 26\ns 108 amd No. 24, 1996, s 21\ns 108A ins No. 30, 1977, s 4\ns 110 amd No. 27, 1967, s 6; No. 89, 1981, s 11; No. 100, 1981, s 8; No. 30, 1989,\ns 15\nrep No. 30, 1991, s 12\ns 111 amd No. 87, 1973, s 12; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 89, 1981,\ns 11; No. 30, 1989, s 21\nsub No. 23, 2020, s 22\ns 112 sub No. 3, 1998, s 7\ns 113 sub No. 32, 2008, s 8\ns 114 amd No. 89, 1981, s 11; No. 64, 1986, s 4; No. 38, 1987, s 17\nins No. 3, 2006, s 14\ns 115 amd No. 89, 1981, s 11; No. 24, 1996, s 22; No. 98, 1998, s 15\ns 116 amd No. 89, 1981, s 11\ns 117 amd No. 27, 1967, s 6; No. 76, 1972, s 14; No. 89, 1981, s 11; No. 30, 1989,\ns 16; No. 17, 1996, s 6; No. 24, 1996, s 23; No. 23, 2013, s 4 No. 8, 2016,\ns 45\ns 117A ins No. 68, 1983, s 73\namd No. 49, 1985, s 4\nsub No. 35, 1986, s 2\namd No. 38, 1987, s 18; No. 30, 1989, s 21; No. 24, 1996, s 24\npt 8 hdg amd No. 23, 2020, s 26\ns 118 amd No. 24, 1996, s 25; No. 3, 1998, s 8\ns 119 amd No. 89, 1981, s 11\nsub No. 69, 1982, s 7\namd No. 38, 1987, s 19; No. 30, 1989, s 17; No. 24, 1996, s 26\ns 119A ins No. 30, 1989, s 18\ns 120 amd No. 64, 1976, s 4; No. 54, 1978, s 3; No. 89, 1981, s 11\n\nMotor Vehicles Act 1949 149\ns 121 amd No. 89, 1981, s 11\nsub No. 1, 2022, s 15\ns 122 amd No. 89, 1981, s 11\ns 123 amd No. 12, 1966, s 15; No. 89, 1981, s 11\nsub No. 3, 1998, s 9; No. 98, 1998, s 16\ns 123A ins No. 24, 1996, s 27\ns 124 amd No. 54, 1978, s 4; No. 89, 1981, s 11 No. 8, 2016, s 45\ns 125 amd No. 64, 1976, s 4; No. 54, 1978, s 3; No. 89, 1981, s 11\nss 126 – 128 amd No. 89, 1981, s 11\ns 128A ins No. 153, 1979, s 4\namd No. 89, 1981, s 11; No. 100, 1981, s 9; No. 38, 1987, s 20; No. 98,\n1998, s 17; No. 19, 2013, s 4; No. 23, 2020, s 23\ns 129 amd No. 69, 1970, s 8; No. 89, 1981, s 11\ns 130 amd No. 89, 1981, s 11; No. 68, 1983, s 73; No. 17, 1996, s 6\ns 131 rep No. 24, 1961, s 8\ns 132 amd No. 22, 1959, s 6; No. 27, 1967, s 6; No. 64, 1976, s 4; No. 21, 1978,\ns 15; No. 54, 1978, ss 3 and 4; No. 70, 1979, s 9; No. 89, 1981, s 11; No. 28,\n1986, s 6; No. 24, 1996, s 28\ns 133 amd No. 27, 1967, s 6; No. 54, 1978, s 4; No. 89, 1981, s 11\nrep No. 98, 1998, s 17\ns 134 amd No. 54, 1978, s 4; No. 89, 1981, s 11\nrep No. 98, 1998, s 17\ns 135 amd No. 76, 1972, s 15; No. 64, 1976, s 4; No. 21, 1978, s 15; No. 54, 1978,\nss 3 and 4; No. 89, 1981, s 11\nrep No. 30, 1989, s 21\nins No. 24, 1996, s 29\nsub No. 23, 2025, s 36\ns 136 amd No. 76, 1972, s 16; No. 64, 1976, s 4; No. 21, 1978, s 15; No. 54, 1978,\nss 3 and 4; No. 89, 1981, s 11\nrep No. 30, 1989, s 21\ns 137 amd No. 27, 1967, s 6; No. 21, 1978, s 15; No. 54, 1978, s 4; No. 133, 1979,\ns 6; No. 89, 1981, s 11; No. 30, 1989, s 19; No. 24, 1996, s 30\ns 137A ins No. 34, 1986, s 7\nrep No. 30, 1991, s 13\ns 137B ins No. 28, 1986, s 7\ns 137C ins No. 3, 2006, s 15\ns 137D ins No. 21, 2015, s 4\ns 137E ins No. 35, 2019, s 12\namd No. 1, 2022, s 16\ns 137F ins No. 23, 2025, s 37\ns 138 amd No. 14, 1967, s 2; No. 27, 1967, s 6; No. 7, 1970, s 6; No. 28, 1975,\ns 14; No. 64, 1976, s 4; No. 21, 1978, s 13; No. 54, 1978, s 3; No. 95, 1978,\ns 14; No. 70, 1979, s 10; No. 89, 1981, s 11; No. 69, 1982, s 8; No. 34, 1986,\ns 8; No. 38, 1987, s 21; No. 30, 1991, s 14; No. 24, 1996, s 32; No. 98, 1998,\ns 17; No. 13, 2007, s 5; No. 23, 2013, s 4; No. 23, 2020, s 24\npt 9 hdg ins No. 35, 2010, s 54\ns 139 ins No. 35, 2010, s 54\npt 10 hdg ins No. 21, 2015, s 5\ns 140 ins No. 21, 2015, s 5\npt 11 hdg ins No. 35, 2015, s 6\ns 141 ins No. 35, 2015, s 6\npt 12 hdg ins No. 23, 2025, s 38\nss 142 – 145 ins No. 23, 2025, s 38\n\nMotor Vehicles Act 1949 150\nfirst sch amd No. 16, 1963, s 4; No. 12, 1966, s 16; No. 27, 1967, s 6; No. 47, 1968,\ns 3; No. 49, 1973, s 8; No. 28, 1995, s 15; No. 27, 1976, s 6\nrep No. 76, 1972, s 17\nsch 2 hdg amd No. 89, 1981, s 11\nsch 2 sub SL No. 6, 1953, r 4\namd SL No. 11, 1954, r 3; No. 16, 1963, s 5\nsub No. 56, 1965, s 3; No. 14, 1968, s 3\namd No. 42, 1969, s 2; No. 28, 1975, s 16\nrep No. 21, 1978, s 14\nins No. 70, 1979, s 11\namd No. 133, 1979, s 7; Gaz G31; Gaz G6; Gaz S64; Gaz G16; Gaz S90;\nGaz G45; Gaz G31\nrep No. 30, 1991, s 15\nsch 3 rep No. 89, 1981, s 10\nsch 4 hdg amd No. 89, 1981, s 11\nsch 4 amd No. 3, 1958, s 3; No. 24, 1961, s 9; SL No. 6, 1962, r 4; No. 26, 1962,\ns 4; No. 46, 1971, s 2; No. 28, 1975, s 17; No. 30, 1977, s 5; No. 89, 1981,\ns 11; No. 100, 1981, s 10; No. 24, 1996, s 32\nsub No. 23, 2020, s 25\nsch 5 rep No. 89, 1981, s 10\nsch 6 ins No. 100, 1981, s 11\nrep No. 23, 2020, s 25","sortOrder":190}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":936},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1949 scope. Originally a basic vehicle registration and licensing law, it now encompasses: a comprehensive demerit points scheme (added 2007), alcohol ignition lock provisions for repeat drink drivers (2008), special licensing pathways for offenders under community orders (2011), heavy vehicle configuration charging (1996), pastoral vehicle permits, and complex information-sharing provisions. The 2025 amendments added computer program decision-making authority and further refined registration periods. The Act now functions as an umbrella statute integrating road safety, criminal justice rehabilitation, commercial transport regulation, and administrative law."},"complexity_factors":["Extensive cross-referencing with other legislation (Traffic Act 1987, Commercial Passenger (Road) Transport Act 1991, Road Vehicle Standards Act 2018 (Cth), Sentencing Act 1995, Fines and Penalties (Recovery) Act 2001)","Multiple nested definitions in section 5 (interpretation) with complex conditional definitions (e.g., 'vehicle identification number' has different meanings based on manufacture date)","Demerit points scheme (Part 3) contains 8 divisions with intricate rules about when points become active, suspension thresholds, and good behaviour undertakings","Heavy vehicle provisions (Parts 5A-5E, 6B) involve complex calculations for GVM, GCM, axle loads, and configuration-based charging","Numerous transitional provisions across 12 Parts dealing with amendments from 1953 to 2025","Conditional licensing rules for offenders (Part 2A, section 102AA) with multiple pathways depending on offence type, timing, and court orders","Exclusion lists in section 5A specifying which provisions do and don't apply to trailers","Multiple amendment histories showing repeated restructuring (e.g., Part 3 demerit points scheme completely replaced in 2007)"],"plain_english_summary":"**What this law does:**\n\nThis is the **Northern Territory's main law for motor vehicles** — it sets the rules for registering vehicles, licensing drivers, and keeping roads safe.\n\n**Key things it covers:**\n\n- **Vehicle registration** — All motor vehicles and trailers must be registered with the Registrar of Motor Vehicles. You need to display number plates, keep your registration details up to date, and pay fees.\n\n- **Driver licences** — The Registrar grants licences to drive different classes of vehicles (cars, heavy vehicles, commercial passenger vehicles like taxis). There are learner licences, provisional licences for new drivers, and special rules for people with disabilities or those who've been disqualified from driving.\n\n- **Demerit points scheme** — Drivers who commit traffic offences accumulate demerit points. Get too many points (12 in 3 years, or 5 in 12 months for learner/provisional drivers), and your licence gets suspended. You can sometimes avoid suspension by promising \"good driving behaviour\" for 12 months.\n\n- **Special programs for offenders** — People serving community orders (like community service) can sometimes get limited licences to complete driving rehabilitation programs.\n\n- **Vehicle standards and safety** — Vehicles must meet design and safety standards. Police and inspectors can stop, examine, and weigh vehicles. Defective vehicles can be taken off the road.\n\n- **Heavy vehicles and road charges** — Special rules apply to trucks and heavy vehicles, including how they're configured, maximum weights, and paying the correct registration charges for how they're used.\n\n- **Traders' plates** — Motor vehicle dealers can get special plates to use on unregistered vehicles for test drives and deliveries.\n\n- **Compensation contributions** — Vehicle owners pay into the Territory's motor accident compensation scheme (like a no-fault insurance system).\n\n**Who it affects:**\n- Anyone who owns, drives, or operates a motor vehicle in the Northern Territory\n- Vehicle dealers and driving instructors\n- Heavy vehicle operators\n- People who've been disqualified from driving and want to get their licence back\n\n**Why it matters:**\nThis law keeps track of who's allowed to drive what, ensures vehicles are safe and insured, and creates a system to penalise dangerous driving before it leads to serious harm. It's the backbone of road regulation in the NT."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with a 1949 motor‑vehicle law focused on registration and basic licensing, the Act as in force has substantially grown in scope. It now covers modern vehicle standards alignment with Commonwealth law (Road Vehicle Standards Act), a detailed demerit points and suspension regime (Part 3), commercial passenger vehicle fitness and automatic cancellation rules (ss 102AA, 102AAA), alcohol ignition lock (AIL) licence pathways (s 10(4A)–(4E)), heavy‑vehicle configuration charging and temporary permits (ss 107–107B), information sharing and computerised decision‑making (ss 137E–137F), and funding mechanics for a motor accident compensation scheme (ss 45–47). These additions move the Act from a narrow vehicle/driver registry toward a broad regulatory regime that combines safety standards, behavioural sanctions, compensation funding and administrative discretion. The expansion is visible in the insertion of new Parts (e.g. Part 2A for community‑order licence rules, Part 3 demerit scheme, Part 5C weighing rules) and recent amendments cited in the endnotes (e.g. Transport Legislation Amendment Acts and 2025 amendments)."},"complexity_factors":["Length and structure: about 145 substantive sections plus multiple Schedules and Endnotes covering substantive rules, transitional provisions and historical amendments.","Large interpretation/definitions section (s 5) containing dozens of defined terms that carry cross‑cutting technical meaning throughout the Act.","Multiple Parts with nested Divisions (Parts 2, 2A, 3, 5A–5D, 6B) creating layered conditional regimes (e.g. demerit thresholds, AIL licences, community order exceptions).","Heavy use of cross‑references to other Territory and Commonwealth Acts (Road Vehicle Standards Act 2018 (Cth), Traffic Act 1987, Sentencing Act 1995, Fines and Penalties (Recovery) Act 2001, Motor Accidents Acts), increasing external dependencies.","Numerous discretionary powers vested in Minister and Registrar (ss 7, 7A, 7B, 57, 59, 102, 135) with condition‑based exercises and delegated approvals (s 7A).","Complex demerit scheme logic with multiple time windows, interstate point transfer rules, active/inactive point rules, and special undertakings (Part 3, ss 28–33S).","Multiple exception and exemption pathways (e.g. s 8A visiting vehicle exemptions, s 59 Registrar exemptions, s 135 class exemptions) and procedural safeguards that interact.","Detailed heavy‑vehicle and load measurement regime requiring specialized evidence (weighing machines, seals, certificates) and technical formulas (ss 60A–63).","Concurrent offence and appeal pathways (criminal/regulatory offences, administrative cancellations, reviews to CEO, appeals to Local Court) producing complex procedural sequencing (ss 102, 102AAC–102AAD, Part 3 division 8)."],"plain_english_summary":"**What this law does, mechanically (short):**\n\n- It sets the rules for registering motor vehicles and trailers, issuing drivers' licences (including learner, provisional, AIL (alcohol ignition lock) licences and commercial passenger licences), and renewing, suspending or cancelling those registrations and licences (see Parts 2, 6 and ss 8–11, 102).\n- It runs a demerit points scheme that records points for traffic offences, triggers suspension notices, allows eligible drivers to give a 12‑month undertaking of good driving behaviour instead of immediate suspension, and prescribes how points from other jurisdictions are handled (Part 3, ss 26–33U).\n- It regulates traders' plates and motor vehicle trader licensing and record‑keeping (Part 4, ss 34–43).\n- It imposes and collects compensation contributions for the motor accident compensation scheme and passes those monies to the Motor Accidents Commission (Part 5, ss 45–47A).\n- It controls vehicle dimensions, axle/wheel loads, and configurations (including heavy vehicle reconfiguration permits and temporary permits), and gives officers powers to weigh and inspect vehicles and to grant or refuse exemptions and permits (Parts 5A–5C, ss 52–63, 57–60, 59, 107–107B).\n- It creates criminal and regulatory offences for breaches (Part 7, ss 108–117A) and detailed administrative powers for the Registrar and Minister (ss 7, 7A, 7B, 138).\n- It contains transitional and savings provisions tying the Act to other Territory and Commonwealth laws (e.g. Road Vehicle Standards Act 2018 (Cth), Traffic Act 1987, Sentencing Act) and allows the Registrar to share information and use computer programs to make decisions (ss 101–101AA, 137E, 137F).\n\n**Who it affects:**\n\n- Individual drivers (licensed, provisional and learner) — obligations, fitness checks, demerit points and suspensions (ss 9–11, Part 3).\n- Vehicle owners and operators — registration, compliance with vehicle requirements, liability for offences committed by drivers, and fees/compensation contributions (ss 8, 13, 21, 45–47, Schedule 4).\n- Commercial passenger vehicle drivers and licence‑holders — extra background checks and mandatory cancellation/suspension rules for certain convictions (ss 10(2), 102(2AA), 102AAA–102AAC).\n- Motor vehicle traders — licensing, record keeping and use of trader's plates (Part 4, ss 34–43).\n- Heavy vehicle operators and freight businesses — configuration, reconfiguration and permit regimes and related charges and penalties (Part 6B, ss 107–107B).\n- Corporations and fleet owners — obligations to identify drivers (anti‑avoidance offence, s 33Z) and potential liability for vehicle breaches (s 67).\n- The Registrar, Minister and public officers — broad discretions to approve devices and exemptions, delegate functions, set standards and share information (ss 7, 7A, 7B, 57, 59, 137E).\n\n**Why it matters (policy goals stated and how the Act achieves them):**\n\n- Stated objectives in the text and structure are public safety (vehicle standards, driver fitness and demerit sanctions), revenue for the motor accident compensation scheme (compensation contributions), and regulatory oversight of heavy vehicle impacts on roads. The Act achieves these with licensing and registration conditions, inspection and weighing powers, financial contributions, and administrative sanctions and criminal offences (see Schedule 4; Parts 5, 5A–5C; Part 3; ss 45–47; ss 52–56; ss 64–66).\n\n**Testing those purpose‑claims against costs, incentives and trade‑offs (concrete mechanisms):**\n\n- Who pays: Owners and licence‑applicants pay prescribed fees and compensation contributions before registration or tests (ss 13, 13A, 45, 47). Heavy vehicles pay additional charges when configurations change (ss 107(3), 107A(3), 107B(3)). Those payments fund the MAC Commission (s 46). Costs fall directly on vehicle owners/operators and indirectly on consumers via freight/service pricing.\n\n- Behaviour incentives: The demerit scheme creates a calibrated cost to unsafe driving (Part 3, ss 33B–33F). The AIL licence regime (allowing restricted driving if vehicle fitted with approved alcohol ignition lock) creates a route back to driving for some disqualified drivers but attaches monitoring and non‑renewability (s 10(4A)–(4E)). Heavy vehicle reconfiguration fees and permit obligations create an economic incentive to register correct configurations or pay the higher charge (ss 107–107B).\n\n- Administrative discretion and compliance burden: The Registrar and Minister hold extensive discretionary powers — to approve devices/persons (s 7B), grant exemptions (s 59), refuse, suspend or cancel licences/registrations (s 102), set alternative load limits (s 57) and determine fees (s 47). Those discretions concentrate decision rights in the public administration and increase the compliance burden (inspections, medicals, tests, records for traders (s 35, 43), and weighbridge compliance (s 63)).\n\n- Implementation risk and operational dependency: The Act permits automated decision‑making via computer programs (s 137F). Decisions made by those programs are taken to be Registrar decisions unless and until the Registrar substitutes another decision (s 137F(2)–(3)). This speeds processing but creates dependency on software correctness and auditability.\n\n- Privacy and information flows: The Registrar may share medical and driving history with registered assessors (s 137E), and the Minister may authorise broader sharing by Gazette notice (s 137E(3)). That reduces friction for fitness assessments but raises confidentiality and data‑use risks (s 137E(2) contains strict non‑disclosure penalties).\n\n- Effects on competition, owners and small businesses: Heavy regulation of vehicle configurations, trader plate rules and licensing creates regulatory costs that scale with fleet size. Small traders must keep and produce registers for prospective purchasers (s 35(2)–(3)) and can be subject to licence shorter‑periods and fees (s 34(5)–(9)). The Act allows the Registrar to vary licence/registration periods and fees (ss 103–104) which can add administrative unpredictability for businesses.\n\n- Concentrated benefits and diffuse costs: The Registrar and MAC Commission receive predictable revenue streams (fees and compensation contributions, ss 13, 45–47). Costs (compliance, inspection, equipment like approved AILs, weighbridge testing) are borne by drivers, owners and businesses and are diffuse across the driving population.\n\n**Key procedural safeguards and appeal routes:**\n\n- Decisions by the Registrar are often reviewable: appeals to the Local Court are available for many Registrar decisions (e.g. s 25G appeals for driving instructor approvals, s 102AAD for refusal/cancellation decisions). For commercial passenger driver disqualifying offences there is an internal review route to the Chief Executive Officer before court appeal (ss 102AAC–102AAD).\n\n**Notable enforcement mechanics and penalties:**\n\n- Regulatory offences and criminal penalties are both used. Individual maximum penalties are frequently 15 penalty units (often with imprisonment where specified); corporate penalties are higher (commonly 85 penalty units) (s 117 and numerous offence provisions).\n\n**Implementation levers that materially change behavior:**\n\n- Demerit suspensions with the option of a good driving undertaking (Part 3) directly change driver behaviour and licensing status.\n- AIL and AIL‑licence pathways (s 10(4A)–(4E)) provide monitored driving pathways for some disqualified drivers.\n- Heavy vehicle configuration charges and reconfiguration permits make under‑paying for heavier configurations a penalised activity with financial remediation orders (s 107(3)).\n\n**Summary, bottom line (mechanical effects):**\n\n- The Act is a comprehensive regulatory framework for motor vehicle registration, driver licensing and enforcement in the Northern Territory. It combines technical vehicle standards, an administrative regime concentrated in the Registrar and Minister, an outcomes‑focused enforcement toolkit (demerit points, suspensions, criminal/regulatory offences) and funding mechanics to support the motor accident compensation scheme. The law gives administrators broad discretion and relies on fees, permits and information systems to implement public safety and financial goals.\n\n(References: general framework and Registrar powers ss 7–7B, registration/licensing ss 8–11, AIL ss 10(4A)–(4E), demerit scheme Part 3 (ss 26–33Z), compensation contributions ss 45–47, heavy vehicles and permits ss 52–57, 107–107B, exemptions ss 59, 135, info sharing and computers ss 137E–137F.)"}},"importantCases":[],"_links":{"self":"/api/acts/motor-vehicles-act-1949","history":"/api/acts/motor-vehicles-act-1949/history","analysis":"/api/acts/motor-vehicles-act-1949/analysis","conflicts":"/api/acts/motor-vehicles-act-1949/conflicts","importantCases":"/api/acts/motor-vehicles-act-1949/important-cases","documents":"/api/acts/motor-vehicles-act-1949/documents"}}