Motor Vehicles Act 1949

Part 5B Alteration of maximum loads, granting of exemptions, and prohibition against certain vehicles 57 Alteration of maximum loads, &c. .................................................. 64 58 Prohibition against certain vehicles travelling on specified public streets or in specified public places ..................................... 64 59 Exemption of vehicles .................................................................... 65 60 Proof of exemption defence in certain cases ................................. 65 60A Determination of GVM ................................................................... 65 60B Determination of GCM ................................................................... 66 61 Determination of mass of vehicle................................................... 67 62 Determination of laden mass of vehicle, wheel load and load on tyre ........................................................................................... 68 63 Testing weighing machines ........................................................... 68 64 Powers of officers for purposes of Part 5A and Standards ............ 69 65 Person to comply with requirements, &c., of officers ..................... 70 66 Evidence ........................................................................................ 71 67 Liability of owner, operator and actual offender ............................. 72 Part 6 General provisions relating to motor 92 Application for registration and licences ........................................ 72 92A Nomination of operator of vehicle .................................................. 73 93 Registration and issue of permits in case of joint owners and companies ..................................................................................... 73 95 Change of address ........................................................................ 74 96 Lost certificate, licence or permit ................................................... 74 97 Production of certificate, licence or permit ..................................... 74 98 Return of certificate, licence or permit upon cancellation .............. 74 100 Defaced certificate, licence or permit ............................................. 75

Motor Vehicles Act 1949 vi 101 Identification requirements for motor vehicles and trailers ............. 75 101AA Allocation, marking and interference with vehicle identification numbers......................................................................................... 77 101A Holders of interstate licences......................................................... 78 101B Revocation or suspension of entitlement to drive of holder of interstate licence, &c. .................................................................... 79 102 Refusal, cancellation or suspension of authorities ......................... 79 102AAA Cancellation of licence to drive commercial passenger vehicle for disqualifying offence ................................................................. 84 102AAB Suspension of licence to drive commercial passenger vehicle for disqualifying offence ................................................................. 85 102AAC Reviews by Chief Executive Officer for disqualifying offences....... 85 102AAD Appeal to Local Court .................................................................... 87 102AA Applications made by certain offenders ......................................... 88 102A Endorsement that registration is for restricted use only ................. 92 103 Duration of registration of motor vehicle or trailer .......................... 92 104 Duration of licences may be shorter .............................................. 93 105 Endorsement of licence, permit or certificate ................................. 94 106 Driver of Defence Force vehicle .................................................... 94 Part 6B Vehicles to which Road Transport Charges Laws apply 107 Vehicles not to be driven in configuration attracting higher charge than that paid ..................................................................... 95 107A Change in configuration of heavy vehicle registered in Territory ......................................................................................... 97 107B Temporary permit where configuration of Territory or interstate heavy vehicle altered ..................................................................... 99 108 Driving motor vehicle different from description in certificate or permit .......................................................................................... 100 109 Owner to require driver to produce licence .................................. 101 111 Certain numbers or plates not to be on vehicle ........................... 101 112 Number plates not to be covered................................................. 101 113 Requirement to produce licence or give information.................... 102 114 Commercial passenger vehicle licensee to notify Registrar about charge for disqualifying offence ......................................... 102 115 Obtaining permit, licence, &c., by misrepresentation ................... 102 116 Production of licence in Court ...................................................... 103 117 Penalties for offences .................................................................. 103 117A Regulatory offences..................................................................... 104 118 Record of registration and licences to be kept ............................. 104

Motor Vehicles Act 1949 vii 119 Judicial notice of Registrar's, Deputy Registrar's and certain officers' signatures ....................................................................... 104 119A Defendant deemed to be person named in certificate ................. 106 120 Laying of information ................................................................... 106 121 Protection from liability ................................................................ 106 122 Evidence of registration ............................................................... 107 123 Evidence of ownership and operation of motor vehicle ............... 107 123A Registrar may approve credit arrangement ................................. 107 124 Recovery of fees unpaid .............................................................. 107 125 Duties of Police, inspectors and officers ...................................... 108 126 Power to demand name and address and to arrest without warrant......................................................................................... 108 127 Production of motor vehicles ....................................................... 108 128 Inspection of motor vehicles ........................................................ 108 128A Defective motor vehicles ............................................................. 108 129 Service of notice .......................................................................... 111 130 Offence due to accident ............................................................... 111 132 Remission or refund of fees ......................................................... 111 135 Exemption of motor vehicles........................................................ 114 137 Temporary licences ..................................................................... 115 137B Pastoral vehicle permit ................................................................ 116 137C Acquisition on just terms .............................................................. 118 137D Discovery for purpose of recovery of debts under car parking contracts ...................................................................................... 118 137E Information sharing ...................................................................... 118 137F Use of computer programs .......................................................... 119 138 Regulations.................................................................................. 120 Part 9 Transitional matters for Territory Insurance Office and Other Legislation Amendment Act 2010 139 Compensation contributions ........................................................ 122 Part 10 Transitional matter for Motor Vehicles (Private Car Parking) Amendment Act 2015 140 Certain orders taken never to have been made........................... 122 Part 11 Transitional matter for Traffic and Other Legislation Amendment Act 2015 141 Offences – before and after commencement............................... 123 Part 12 Transitional matters for Transport Legislation Amendment Act 2025 142 Definition...................................................................................... 123

Motor Vehicles Act 1949 viii 143 Savings for existing registration of motor vehicles and motor vehicle trader's licences............................................................... 124 144 Duration of registration of certain trailers registered before commencement ........................................................................... 124 145 Savings for exemptions in force before commencement ............. 125

As in force at 18 November 2025

MOTOR VEHICLES ACT 1949 An Act relating to Motor Vehicles

1 Short title This Act may be cited as the Motor Vehicles Act 1949.

2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

3 Repeal (1) The Motor Vehicles Ordinance 1930, the Motor Vehicles Ordinance 1938, the Motor Vehicles Ordinance 1940 and the Motor Vehicles Ordinance 1946 are repealed. (2) The officers appointed under or by virtue of any repealed Ordinance, and holding office immediately prior to the commencement of this Act, shall remain in office as if this Act had been in force at the time they were appointed, and they had been appointed thereunder, and this Act shall apply to them accordingly. (3) Any licence, copy of entries in the Register, or general identification number issued, furnished or assigned under any repealed Ordinance and held immediately prior to the commencement of this Act, and any person and motor vehicle licensed or registered under such Ordinance shall, during the subsistence of such licence or registration be under and subject to this Act as if such licence or registration had been granted under this Act: Provided that any such general identification number shall be deemed to be a motor vehicle trader's licence for the purposes of this Act and this Act shall apply accordingly.

Motor Vehicles Act 1949 2

5 Interpretation (1) In this Act: AIL, or alcohol ignition lock, see section 19(1) of the Traffic Act 1987. AIL licence, see section 10(4A). AIL period, see section 19(1) of the Traffic Act 1987. AIL vehicle, see section 10(4A). approved means approved by the Registrar. approved AIL means an AIL approved under section 10(4E). approved supplier means a supplier approved under section 10(4E). articulated vehicle means a motor vehicle the portion immediately following the prime mover of which is pivoted to, and a part of which (not being a pole, drawbar or an accessory thereof) is superimposed on, the prime mover. attached, in relation to the connection between a motor vehicle and a trailer, includes connected indirectly through another trailer. Australian Design Rule means a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018 (Cth). Australian Vehicle Standards Rules means the Australian Vehicle Standards Rules set out in Schedule 6 of the Standards. commercial passenger vehicle has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act 1991. community order, for Part 2A, see section 25J. compensation contributions means contributions payable in respect of the motor accident compensation scheme established by the Motor Accidents (Compensation) Act 1979. configuration, in relation to a vehicle of a kind to which the Road Transport Charges Laws apply, or to which, if the vehicle were required to be registered under this Act, those Laws would apply, means a description, of a vehicle or vehicle combination, in the Road Transport Charges Laws, by reference to the:

Motor Vehicles Act 1949 3 (a) motor vehicle type; (b) types and maximum number of trailers, if any, attached to the motor vehicle; (c) MRC within the meaning of that Act; and/or (d) number of axles of the motor vehicle and trailers, if any, attached to the motor vehicle, comprising the vehicle, being a description in relation to which separate provision is made in the Road Transport Charges Laws for the amount of the registration charge. Deputy Registrar means any Deputy Registrar of Motor Vehicles appointed in pursuance of this Act. diameter, in relation to a wheel, means the diameter measured in a horizontal plane across the axis of the wheel and, in relation to a wheel to which the pneumatic tyre is attached, means the diameter of the tyre when that tyre is inflated. disqualifying offence has the same meaning as in the drive, in relation to a vehicle, means to drive, or be in control of, in a public place or in a public street and includes to ride and to haul. driver means a person driving a vehicle. driving program, for Part 2A, see section 25J. fire management operation means any act done for the prevention or suppression of a fire or the mitigation of a fire hazard and includes fuel reduction, controlled burning and the construction of a fire break. former owner, in relation to a motor vehicle or trailer that is sold or disposed of, means the person who owned the motor vehicle or trailer immediately before the sale or disposal. GCM or gross combination mass, of a motor vehicle, means the sum of the maximum laden mass of the motor vehicle and any other vehicle or vehicles it may tow at the same time, as determined in accordance with section 60B. goods vehicle means a motor vehicle constructed primarily for the carriage of goods or animals.

Motor Vehicles Act 1949 4 GVM or gross vehicle mass, of a vehicle, means the maximum laden mass at which the vehicle may be operated as determined in accordance with section 60A. heavy vehicle means a vehicle that has a gross vehicle mass of more than 4.5 tonnes. identification device means a plate or label that is: (a) attached to a motor vehicle or trailer; and (b) part of the identification requirements for the motor vehicle or trailer under section 101(1) or (2). inspector means an inspector appointed in pursuance of this Act. laden mass, in relation to a vehicle, means: (a) the tare mass of the vehicle; and (b) the mass of the load on that vehicle, borne by the surface on which that vehicle is standing or running. learner licence, see section 9. length, in relation to a vehicle, means: (a) in the case of a motor vehicle to which a trailer is attached, the distance from the foremost end of the motor vehicle, a projecting part of the motor vehicle or its load, to the hindmost part of the hindmost trailer, a projecting part of that trailer or its load, whichever is the greatest; and (b) in any other case, the distance from the foremost end of the vehicle, a projecting part of the vehicle or its load, to the hindmost end of the vehicle, a projecting part of the vehicle or its load, whichever is the greatest, but: (c) other than for the purpose of determining the overall length of a motor vehicle to which a trailer is attached, a towbar which is detachable shall not be included in the measurement of the overall length of the trailer; and (d) for the purpose of determining the overall length of a trailer, a portion of the trailer not exceeding the full width of that trailer and contained within a radius of 1.9 metres forward of the point of articulation of that trailer shall not be included in the

Motor Vehicles Act 1949 5 measurement of the overall length of that trailer. licence means a licence under this Act. licence disqualification, for Part 2A, see section 25J. licensed means licensed under this Act. licensed driver, for Part 2A, see section 25J. licensee means any person to whom a licence has been granted. limousine has the same meaning as in the Commercial Passenger (Road) Transport Act 1991. MAC Commission means the Commission as defined in section 3 of the Motor Accidents (Compensation) Commission Act 2014. mandatory period, see section 19(1) of the Traffic Act 1987. minibus has the same meaning as in section 3(1) of the motor cycle does not include any vehicle excluded by regulation. motor omnibus means an approved motor vehicle fitted, equipped and constructed in accordance with the Australian Design Rules to carry more than 8 passengers and used to carry passengers for hire or reward. motor tractor means any motor vehicle constructed principally for the purpose of supplying motive power for machinery, or for hauling any vehicle. motor vehicle means any vehicle for use on land that is designed to be wholly or partly self-propelled and includes any trailer attached to it, but does not include any vehicle excluded by regulation. motor vehicle trader's licence, see section 34(1). new owner, in relation to a motor vehicle or trailer that is sold or disposed of, means the person to whom the motor vehicle or trailer is sold or disposed of. offender, for Part 2A, see section 25K(1)(a). officer means: (a) a person appointed in pursuance of this Act; or

Motor Vehicles Act 1949 6 (b) a member of the Police Force. operator, in relation to a vehicle, means: (a) a person nominated under section 92A by the owner of the vehicle to be the operator of the vehicle; or (b) if no person has been nominated as the operator of the vehicle – the owner of the vehicle. owner means the person described in a certificate of registration as owner or new owner and includes the legal personal representative of that person, and, in relation to an application for registration or transfer or renewal of registration, a person who owns a motor vehicle or trailer or is purchasing a motor vehicle or trailer in pursuance of a hire purchase agreement. pastoral vehicle permit means a pastoral vehicle permit granted or renewed under section 137B(1). pneumatic tyre means a tyre consisting of a flexible elastic shell inflated with, and supported by, no other substance other than: (a) air; (b) a gas other than air; (c) a combination of air and another gas; or (d) a prescribed substance, whether with or without an inner tube. Police Force means Police Force of the Territory. previously licensed offender, for Part 2A, see section 25L(1)(a). prime mover means a motor vehicle constructed so as to provide the motive power for an articulated vehicle. private hire car has the same meaning as in section 3(1) of the public place means any part (other than a public street) of a park, reserve, parking area, recreational or sporting ground, racecourse, drive-in theatre, beach or any other open place, that is open to or used by the public, whether with or without payment for admission, but does not include the track within an enclosed ground used for vehicle or animal speed races or trials.

Motor Vehicles Act 1949 7 public street means any street, road, lane, thoroughfare, footpath or place open to, or used by, the public and includes a road on land leased under the Special Purposes Leases Act 1953 for use as a road, but does not include: (b) a road, or part of a road, that is closed under the Control of Roads Act 1953 or under the Local Government Act 2019; or (c) a street, road, lane, thoroughfare, foot-path, or other place, under construction, and not open to or used by the public. RAV or Register of Approved Vehicles means the Register of Approved Vehicles kept under section 14(1) of the Road Vehicle Standards Act 2018 (Cth). reconfiguration period means, in relation to an amendment to the registration of a vehicle under section 107A, or a temporary permit under 107B, the period in respect of which the amendment or permit, as the case may be, is in force. registered means registered under this Act. registered person, see section 11(1A). Registrar means the Registrar of Motor Vehicles appointed in pursuance of this Act. Regulations means regulations made under this Act. repealed Ordinance means any Ordinance repealed by section 3 and includes any such Ordinance as subsequently amended. resident of the Territory means a person who has resided in the Territory for a continuous period of not less than 3 months. rigid, in relation to a vehicle, means that the longitudinal axis of the vehicle cannot deviate from a straight line in the horizontal plane. Road Transport Charges Laws means Schedule 2 of the Motor Vehicles (Fees and Charges) Regulations 2008. second edition ADR means an Australian Design Rule incorporated in the document entitled "Australian Design Rules for Motor Vehicle Safety, Second Edition" originally published by the then Commonwealth Department of Transport. self-tracking, in relation to a trailer, means equipped with a device which causes the distances between wheels on the same side of

Motor Vehicles Act 1949 8 the trailer to vary as the trailer is hauled round a curve in a road in such manner that the trailer follows approximately round the curve the track of the motor vehicle to which it is attached. special passenger vehicle has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act 1991. Standards means the Motor Vehicles (Standards) Regulations 2003. suspension notice, see section 26. suspension period, see section 26. tare mass, in relation to a vehicle, means the unladen mass of the vehicle together with the equipment prescribed to be carried upon or fitted to the vehicle and, in the case of a vehicle which uses fuel, approximately 10 litres of fuel. taxi has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act 1991. Territory of the Commonwealth means any Territory under the authority of the Commonwealth (including a Territory governed by the Commonwealth under a Mandate). third edition ADR means an Australian Design Rule that is not a second edition ADR. tourist vehicle has the same meaning as in section 3(1) of the trader means a person to whom a motor vehicle trader's licence has been granted or transferred and, in the case of a trader being a company, firm or partnership, includes any director, manager or other officer of the company or any member of the firm or any partner of the partnership. trader's plates, see section 34(1). trailer means any vehicle without motive power constructed or adapted for being drawn by a motor vehicle. unlicensed offender, for Part 2A, see section 25L(1)(b). vehicle means any means of conveyance which runs on wheels but does not include any vehicle used on a railway.

Motor Vehicles Act 1949 9 vehicle identification number, of a motor vehicle or trailer, means: (a) the vehicle identifier of the motor vehicle or trailer; or (b) the number allotted by the Registrar to the motor vehicle or trailer under section 101AA(1) and marked on the motor vehicle or trailer under section 101AA(2). vehicle identifier means: (a) for a motor vehicle or trailer manufactured on or before

30 June 1988 – a number permanently marked on the motor vehicle or trailer by the manufacturer for its identification and accepted by the Registrar as a unique identifier; or (b) for a motor vehicle or trailer manufactured after 30 June 1988 – the identification number allocated to and permanently marked on the motor vehicle or trailer by the manufacturer in accordance with an Australian Design Rule. visiting vehicle means a vehicle that: (a) is registered in a State, another Territory or another country; and (b) if required under the law of that State, Territory or country – has affixed to it a current registration label and a number plate or plates; and (c) is temporarily in the Northern Territory. weighing device means a device approved by the Minister for the purposes of this Act and the Standards. weighing machine means: (a) a weighbridge; or (b) a weighing device. weighing station means a place on or near a public street or public place at which there is a weighing device. width means: (a) in relation to a vehicle, the distance from one side of the vehicle, a projecting part of that vehicle or its load, to the other side of that vehicle, a projecting part of that vehicle or its load, whichever is the greatest, but excluding rear vision mirrors

Motor Vehicles Act 1949 10 and signalling devices on that vehicle; (b) in relation to a tyre, the width of the surface of the tyre which ordinarily comes into contact with the surface of the road; and (c) in relation to tyres on a group of co-axial wheels on one side of the longitudinal centre line of the vehicle, the sum of the widths of the surfaces of those tyres which ordinarily come into contact with the surface of the road. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) Unless otherwise provided, a reference in this Act to an Australian Design Rule is a reference to the rule as in force from time to time. (3) A reference in this Act to an Australian Design Rule is a reference to the rule read in conjunction with: (a) for a second edition ADR – the document entitled "Australian Design Rules - Definitions" that forms part of the document entitled "Australian Design Rules for Motor Vehicle Safety, Second Edition" originally published by the then Commonwealth Department of Transport; or (b) for a third edition ADR – the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 (Cth). (4) If an Australian Design Rule mentioned in this Act refers to another document, the other document is taken to be incorporated with, and form part of, the Australian Design Rule. (5) A reference in this Act to a second edition ADR, or third edition ADR, followed by a number is a reference to the second edition ADR, or third edition ADR, as appropriate, of that number. (6) A reference in this Act to a number includes a reference to a letter of the alphabet. (7) A word or expression defined in the Australian Vehicle Standards Rules applies to those Rules despite any inconsistent definition in this Act.

5A Provisions relating to motor vehicles also apply to trailers (1) A provision of this Act that refers to a motor vehicle, other than an excluded provision, applies to a trailer in the same way that it applies to a motor vehicle.

Motor Vehicles Act 1949 11 (2) For subsection (1), each of the following is an excluded provision: (a) the provisions of this Part; (b) sections 8, 8A, 10, 10A, 11, 11A, 12, 12A, 13A(1A), 14(3) and (5), 16 to 18 and 23 to 25D; (c) the provisions of Parts 2A and 3; (d) sections 37, 45 and 47; (e) the provisions of Part 5A; (f) sections 60B, 101 to 102, 102AA, 103, 104, 106, 108, 109, 111, 113, 116, 117, 119(c)(ia) and 138; (g) the provisions of Schedule 4; (h) a provision of the Regulations prescribed by regulation. Note for section 5A In a provision specified in subsection (2), a reference to a motor vehicle includes a trailer at any time attached to the vehicle due to the definition motor vehicle in section 5(1).

6 Application of Act to Crown Except where otherwise expressly prescribed, this Act shall bind the Crown and all persons in the service of the Crown: Provided that the provisions of this Act in relation to the registration of motor vehicles and trailers and the provision of labels shall not apply to motor vehicles or trailers the property of the Commonwealth or of any authority under the Commonwealth.

7 Registrar, Deputy Registrar and other officers (1) The Minister may appoint a person to be the Registrar of Motor Vehicles. (2) Subject to the directions of the Minister, the Registrar may appoint such Deputy Registrars, inspectors and other officers as the Registrar considers necessary for carrying out this Act. (4) Subject to the directions of the Minister, a Deputy Registrar has the powers and functions of the Registrar that the Registrar determines.

Motor Vehicles Act 1949 12

7A Delegation (1) The Minister may, by instrument in writing, delegate to a person any of his powers and functions under this Act, other than this power of delegation. (2) A power or function delegated under this section, when exercised or performed by the delegate, shall for the purpose of this Act, be deemed to have been exercised or performed by the Minister. (3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.

7B Approvals (1) The Minister may, in writing, approve devices, methods and other matters for the purposes of this Act. (2) The Registrar may, in writing, approve forms, devices, vehicles, persons, matters and things for the purposes of this Act.

Part 2 Registration of, and licences to drive, motor

8 Registration of motor vehicles and trailers Subject to this Act, the Registrar: (a) must register, and from time to time renew the registration of, a motor vehicle or trailer in respect of which the requirements of Schedule 4 and the Standards are complied with; and (b) may register, and from time to time renew the registration of, a motor vehicle or trailer on such conditions as the Registrar thinks fit.

8A Registrar may grant exemption (1) The Registrar may exempt a visiting vehicle from the requirement for registration for a period if the Registrar is satisfied the visiting vehicle would be registered if it was presented for registration. (2) The Registrar shall not grant an exemption under subsection (1): (a) for a period that exceeds the remainder of the period for which the vehicle is then currently registered in the place in which it is registered; or

Motor Vehicles Act 1949 13 (b) unless satisfied that: (i) there has been paid the relevant amount of compensation contribution in respect of the vehicle as specified in a notice made in pursuance of section 47; or (ii) there is in force in respect of the vehicle a policy of insurance complying with the provisions of a law in force in a State or another Territory of the Commonwealth requiring the owner or driver of the vehicle to be insured against liability in respect of the death of or bodily injury to a person caused by or arising out of the use of the (3) Subject to this Act, the Registrar may, in his discretion, if he is satisfied that a person is temporarily in the Territory, notwithstanding that he is a resident of the Territory within the meaning, and for the purposes, of the Act, exempt that person from the requirement to be licensed for a period. (4) The Registrar shall not grant an exemption under subsection (3): (a) unless the person is the holder of a licence to drive a motor vehicle granted in the place in which he normally resides; or (b) for a period that exceeds the remainder of the period for which the person is licensed to drive a motor vehicle under that (5) The Registrar may exempt a resident of the Territory from holding a licence for a specified period if: (a) the person holds a licence to drive a vehicle fitted with an AIL (whether or not an approved AIL) under the law of another jurisdiction (whether or not in Australia); and (b) that licence has effect during that period.

9 Learner licence (1) A learner licence permits the holder of the licence to learn to drive a vehicle of a class specified in the licence. (2) A learner licence is valid for 2 years from the date of grant. (3) An application for a learner licence must be accompanied by the prescribed fee.

Motor Vehicles Act 1949 14 (4) The Registrar may grant a learner licence to an applicant who has attained the age of 16 years and who satisfies the Registrar he or she understands the laws in force relating to the regulation of road traffic.

10 Granting of licences (1) The Registrar may, on application by a person, grant the person a licence to drive a motor vehicle (other than a commercial passenger vehicle, heavy vehicle or AIL vehicle) of the class specified in the licence if: (a) the person has previously held, in the Territory or elsewhere, a licence to drive that class of vehicle; or (b) the person is the holder of a learner licence and the person satisfies the Registrar that the person: (i) is capable of driving a motor vehicle of that class with safety to the public; and (ii) is able to understand the notices, signs and devices in use from time to time for the regulation of road traffic. (1A) If the learner licence was granted after the commencement of this section, the Registrar must not grant the licence under subsection (1) unless the person has held the learner licence for a continuous period of not less than 6 months immediately before the grant. (1B) The Registrar may, from time to time, renew a licence granted under subsection (1). (2) The Registrar may grant a licence to drive a commercial passenger vehicle of the class specified in the licence to a person who satisfies the Registrar that the person is not less than 18 years and 6 months of age, is capable of driving a commercial passenger vehicle of that class with safety to the public and, except where the Registrar otherwise approves, is able to read and write the English language, and the Registrar may renew that licence from time to time. (2A) The Registrar may grant a licence to drive a heavy vehicle of the class specified in the licence to a person who satisfies him that he has attained the age of 17 years and 6 months, is capable of driving a motor vehicle of that class with safety to the public and has held a licence to drive a motor vehicle, not being a motor cycle, for not less than 12 months.

Motor Vehicles Act 1949 15 (4) The Registrar shall not grant a licence or a renewal of a licence to drive a motor vehicle of a class specified in subsection (2) to a person who is the holder of a licence to drive that is provisional under section 10A or to a person who has not held for a period of, or for periods totalling, not less than 12 months, a licence or other authority (not being a learner licence) to drive a motor vehicle other than a motor cycle, issued under this Act or under the law of a State or Territory or of another country. (4A) The Registrar may, on the application of a person, grant the person a licence (AIL licence) to drive a vehicle (AIL vehicle) that is: (a) not a commercial passenger vehicle; and (b) fitted with an approved AIL; and (c) of a class specified in the licence. (4B) The Registrar may do so only if: (a) the person is disqualified from obtaining a licence because of section 21(3)(b)(ii), 22(3)(b)(ii), 24(5)(b)(ii), 25(6A)(a)(ii) or (b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) or 29AAH(3)(b)(ii) of the Traffic Act 1987; and (b) within 5 years immediately before the person applies for the AIL licence, the person held a licence to drive a motor vehicle (previous licence) that: (i) was granted in the Territory or another jurisdiction (whether or not in Australia); but (ii) was not a learner licence or its equivalent in another jurisdiction; and (c) the Registrar is satisfied this Act does not prevent the Registrar from granting the AIL licence. Note The Registrar may refuse to grant the licence because of section 102 or 102AA. (4C) The AIL licence: (a) must relate to the same class of vehicle to which the previous licence relates; and (b) is subject to the same conditions of the previous licence and other conditions relating to the AIL prescribed by regulation (such as conditions relating to approved suppliers); and

Motor Vehicles Act 1949 16 (c) has effect from the granting of the licence to the end of the AIL period; and (d) cannot be renewed. (4D) However, if 1 or more suspension periods apply to the person under suspension notices issued during the mandatory period or AIL period (whether or not before the granting of the AIL licence): (a) for a notice issued before or when the licence is granted – the licence may take effect only after the end of the suspension period to which it relates; and (b) for a notice issued after the licence is granted – the licence is suspended during the suspension period to which it relates; and (c) the licence has effect until the end of a period that: (i) immediately follows the AIL period; and (ii) is equal to the total of the suspension periods covered by paragraphs (a) and (b). Example If the person is subject to a suspension period of 3 months, the AIL licence ceases to have effect 3 months after the AIL period. (4E) For this section, the Registrar may, by Gazette notice approve: (a) an AIL; and (b) a supplier of an AIL or of services relating to an AIL. (5) A licence granted under this section shall not be transferable. (7) Before granting a licence to drive a motor vehicle to a person, the Registrar may, subject to section 62(2A) of the Fines and Penalties (Recovery) Act 2001, test, or arrange for an approved person to test, whether the person is capable of driving a motor vehicle of the particular class in relation to which the licence is sought. Note for subsection (7) Recovery Unit may determine that the Registrar is to cease to test a person for the purpose of issuing a licence to drive.

Motor Vehicles Act 1949 17 10AA Requirement to have photograph (1) The Registrar may require an applicant for a licence or a renewal of a licence under section 10 to: (a) provide a recent photograph of himself of an approved type and size; or (b) be photographed by an officer. (2) Notwithstanding that an applicant for a licence or a renewal of a licence provides a photograph of himself in accordance with subsection (1)(a), the Registrar may, if he considers the photograph to be unsuitable or the appearance of the applicant has substantially changed to that in the photograph, require the applicant to provide another photograph of an approved type and size or to be photographed by an officer. (3) The Registrar may exempt a person from complying with this section. 10AB Power of Registrar Where an applicant for a licence or the renewal of a licence provides a photograph of himself or is photographed, in accordance with section 10AA, the Registrar shall, if he grants the applicant a licence or renews the licence, attach to or include in the licence the photograph of the applicant. 10AC Offence in respect of photograph A person shall not: (a) refuse to comply with a direction given by the Registrar; or (b) provide a photograph other than of himself, under section 10AA.

10A Provisional period of licence (1) If a person: (a) applies for a licence under section 10; and (b) has not held, continuously for the relevant period, a licence to drive a motor vehicle; a licence granted to the person by the Registrar under that section is provisional only until the end of the relevant period.

Motor Vehicles Act 1949 18 (2) The relevant period is as follows: (a) if the person, at the beginning of the relevant period, is below the age of 25 years – 2 years; (b) if the person, at the beginning of the relevant period, is 25 years of age or older – 12 months. Note Subsections (1) and (2) apply in relation to a licence granted after the commencement of this section. A licence granted under section 10 before the commencement of this section is provisional for the period that applied at the time of grant. (3) The relevant period can be comprised of any of the following: (a) a period of holding a licence in the Territory; (b) a period of holding a licence in another jurisdiction; (c) a continuous series of periods mentioned in paragraphs (a) and (b). (4) If, while a licence is provisional, the licence is suspended, the provisional period is extended by the period for which the licence was suspended. (5) If, while a licence is provisional, the licence is cancelled and (after any disqualification period) the former holder of the licence applies for a new licence, the new licence is provisional for the relevant period (to be determined according to the person's age at the time of grant of the new licence). (6) In this section: licence does not include a learner licence or the equivalent in another jurisdiction.

11 Physical or mental incapacity or unfitness to hold licence (1) In this section a reference to a person who is licensed to drive a motor vehicle includes a reference to a person who is licensed to drive a motor vehicle under a law of another country, a State or another Territory of the Commonwealth. (1A) A registered person is: (a) a medical practitioner; or

Motor Vehicles Act 1949 19 (b) a person registered under the Health Practitioner Regulation National Law (other than as a student) to practise in the occupational therapy, optometry or physiotherapy profession. (2) If the Registrar considers an applicant for, or the holder of, a licence to drive a motor vehicle (including a learner licence) may be: (a) physically or mentally incapable of driving a motor vehicle with safety to the public; or (b) otherwise physically or mentally unfit to be licensed; the Registrar may require the person to be medically examined by a registered person approved by the Registrar. (3) If a person who is licensed to drive a motor vehicle is suffering from a physical or mental incapacity that may affect the person's ability to drive a motor vehicle with safety to the public, the person, or the person's personal representative, must notify the Registrar of the nature of the incapacity or unfitness. (4) If a registered person reasonably believes that a person the registered person has examined: (a) is licensed to drive a motor vehicle; and (b) is physically or mentally incapable of driving a motor vehicle with safety to the public or is physically or mentally unfit to be licensed, the registered person must notify the Registrar in writing of the person's name and address and the nature of the incapacity or unfitness. (5) A registered person who provides information or advice to the Registrar in good faith under this section is not civilly or criminally liable, or in breach of any professional code of conduct, for providing the information or advice. 11AA Inquiries about fitness to hold commercial passenger vehicle licence (1) The Registrar may make inquiries about a person for deciding whether the person is fit and proper to hold, or continue to hold, a licence to drive a commercial passenger vehicle. (2) For subsection (1), the Registrar may request the Commissioner of Police to provide the Registrar with the following: (a) a written report of the criminal history for the person;

Motor Vehicles Act 1949 20 (b) other evidence in relation to the character of the person. (3) Subject to other laws in force in the Territory, the Commissioner of Police must comply with the request. (4) For subsection (2)(a), the criminal history of a person is that which is: (a) in the possession of the Commissioner of Police; or (b) ordinarily accessible to the Commissioner through arrangements with the police service of another jurisdiction, including a jurisdiction outside Australia.

11A Licence for person with disability (1) This section applies in relation to an applicant for a licence, or for renewal of a licence, who is a person with a physical disability. (2) The Registrar may issue the licence to the applicant on the conditions the Registrar thinks appropriate. (3) Without limiting subsection (2), a condition may provide that the applicant may only drive: (a) a specified kind of motor vehicle; or (b) a motor vehicle specially constructed or adapted for the applicant's use. (4) If the Registrar issues a licence under subsection (2), the Registrar may, by endorsement on the licence, exempt from this Act or the Traffic Act 1987, or from specified provisions of this Act or the Traffic Act 1987: (a) the applicant; or (b) a motor vehicle, or a class of motor vehicle, while it is being driven by the applicant in accordance with the licence. 13 Fees (1) Prior to the registration or the renewal of registration of any motor vehicle, or the grant or renewal of a licence under section 10 payment shall be made of the prescribed fees. (1B) Prior to a test being conducted for the purposes of section 10(7), payment shall be made of the prescribed fee.

Motor Vehicles Act 1949 21 (1C) Where a test is conducted by a person who is not an officer or employee of the Public Service of Australia or an employee as defined in the Public Sector Employment and Management Act 1993, the person may charge the prescribed fee for conducting the test. (2) Where a motor vehicle is inspected prior to registration or renewal of registration by an inspector who is not an officer or employee of the Public Service of Australia or an employee as defined in the Public Sector Employment and Management Act 1993, the inspector may charge the prescribed fee for such an inspection.

13A Motor vehicle, &c., deemed to be registered, &c. (a) a person applies, in accordance with this Act, to a Deputy Registrar or other officer appointed for the purpose by the Registrar for the registration or renewal of the registration of a motor vehicle; (b) that person pays to the Deputy Registrar or other officer the amount of the compensation contributions in respect of that motor vehicle; and (c) that person pays to the Deputy Registrar or other officer the prescribed fee for registration or renewal of registration; the Deputy Registrar or other officer shall, if he is satisfied that the application will be or is likely to be granted by the Registrar, issue to that person a certificate stating that the application has been made. (1A) Where a person: (a) applies, in accordance with this Act, to a Deputy Registrar or other officer appointed for the purpose by the Registrar for a licence or renewal of a licence to drive a motor vehicle; and (b) pays to the Deputy Registrar or other officer such fees as are payable under this Act in respect of that application, the Deputy Registrar or other officer shall, if he is satisfied that the application will be or is likely to be granted by the Registrar, issue to that person a certificate stating that the application has been made. (2) Where a certificate is issued under this section, the motor vehicle in respect of which or the person in respect of whom the application is made is deemed to be registered or licensed, as the case may be, in accordance with the terms of the application, until the Registrar, by notice served on the applicant, otherwise determines.

Motor Vehicles Act 1949 22 (3) The provisions of this Act, the Regulations, the Traffic Act 1987 and the Traffic Regulations 1999 that relate to affixing or attaching registration labels or number plates do not apply to a motor vehicle in respect of which a certificate has been issued under this section until the day after the day on which the owner of the motor vehicle receives the registration label or number plates, as the case may be, issued by the Registrar in respect of the motor vehicle.

14 Form of registration certificate or licence (1) Upon the first registration of a motor vehicle under this Act, the Registrar shall grant to the owner of the motor vehicle a certificate of registration in accordance with the approved form. (2) Upon the renewal of the registration or upon any registration of a motor vehicle subsequent to the first registration thereof, the Registrar shall grant to the owner of the motor vehicle a certificate of registration in accordance with the approved form, with the word "Renewal" endorsed thereon in the case of a renewal of the registration. (3) A licence to drive a motor vehicle (including a learner licence) must be in an approved form. (5) A person to whom a licence to drive a motor vehicle has been granted shall sign his name in the place set apart on the licence for the signature of the licensee.

15 Production of vehicle upon application for registration, &c. Where application is made for registration or the renewal of registration of a motor vehicle, the vehicle shall be produced if directed by the Registrar for examination or inspection by an inspector.

16 Affixing of number plates (1) Subject to subsection (3), on being issued 2 number plates by the Registrar, the owner of a registered motor vehicle, other than a motor cycle, must securely affix one number plate to the attachment at the front, and the other to the attachment at the rear, of the motor (2) Subject to subsection (3), on being issued a number plate, the owner of a registered motor cycle or trailer must securely affix the number plate to the attachment at the rear of the motor cycle or trailer.

Motor Vehicles Act 1949 23 (3) The Registrar may, in his discretion, upon such conditions as he subsection (1) or (2). (4) The Registrar may: (a) in writing, determine the design, type and material of number plates for motor vehicles and trailers; and (b) subject to section 62(2A) of the Fines and Penalties (Recovery) Act 2001, issue number plates for motor vehicles and trailers. Note for subsection (4)(b) Recovery Unit may determine that the Registrar is to cease to issue number plates to a person. (5) In this section: attachment means an attachment for affixing a number plate that is required to be affixed to a motor vehicle or trailer under the Standards or Schedule 4, clause 3.

17 Defaced or damaged number plate (1) If the number on a number plate becomes so defaced or damaged that it is not clearly legible, the owner of the motor vehicle or trailer to which the number plate is affixed must, within 14 days of the defacement or damage occurring, notify the Registrar. (2) The Registrar must, on payment by the owner of the prescribed fee in respect of the defaced or damaged number plate, issue to the owner: (a) if the plate was affixed to a motor vehicle, other than a motor cycle – 2 new number plates; or (b) otherwise – a new number plate. (3) On receipt of the new number plate or plates, the owner must immediately: (a) affix the plate or plates to the motor vehicle or trailer in accordance with section 16; and (b) return to the Registrar the number plate or plates previously affixed to the motor vehicle or trailer.

Motor Vehicles Act 1949 24

18 Loss or destruction of number plate (1) If a number plate has been lost or destroyed, the owner of the motor vehicle or trailer to which it was affixed must, within 14 days after the loss or destruction, forward to the Registrar a statutory declaration of the loss or destruction. (2) On payment by the owner of the prescribed fee, the Registrar must, if the motor vehicle or trailer has not also been lost or destroyed and the Registrar has no reason to believe that improper use has been or is being made of the number plate, issue to the owner: (a) if the plate was affixed to a motor vehicle, other than a motor cycle – 2 new number plates; or (b) otherwise – a new number plate. (3) On receipt of the new number plate or plates, the owner must immediately: (a) affix the plate or plates to the motor vehicle or trailer in accordance with section 16; and (b) return to the Registrar any number plate that was not lost or destroyed.

19 Use of number plates restricted Except as provided by section 22 or by the Commercial Passenger (Road) Transport Act 1991 in relation to number plates issued for taxis and substitute taxis: (a) the owner of a motor vehicle shall not transfer, or suffer to be transferred, a number plate issued for that vehicle, to another motor vehicle; and (b) a person shall not drive a motor vehicle having upon it a number plate other than that which was issued for that motor

19A Destruction of registered motor vehicle (1) If a registered motor vehicle is destroyed, whether by accident or otherwise, the owner must deliver to the Registrar a notice of destruction not later than 14 days after: (a) the date on which the motor vehicle is declared to be a total loss under a contract of insurance; or

Motor Vehicles Act 1949 25 (b) if the owner is not making a claim under a contract of insurance in respect of the destruction – the date on which the motor vehicle was destroyed. (2) The notice is to be in the approved form and signed by the owner.

20 Sale or disposal of registered motor vehicle (1) Where a registered motor vehicle is sold or disposed of, the former owner must, within 14 days after the sale or disposal: (a) deliver to the Registrar a notice of disposal, in the approved form, signed by both the former owner and the new owner, if any, and showing: (i) the full name, address and date of birth of the new owner, if any; (ii) the date of the sale or disposal of the vehicle; and (iii) the price paid for the vehicle; (b) where the former owner was not the true owner of the vehicle, provide the Registrar with the written authority of the true owner or of his or her duly authorised agent for the sale and disposal of the vehicle; and (c) provide the new owner of the vehicle with a transfer application form signed by the former owner in the place for the former owner's signature. (2) Subject to section 21A, the new owner must, within 14 days of the sale or disposal, apply, in the approved form, to the Registrar to transfer the registration of the motor vehicle to the new owner. (3) If the Registrar approves the transfer, the Registrar is, on payment of the prescribed fee, to issue to the new owner a certificate of registration in respect of the vehicle. (4) The registration of a motor vehicle must not be transferred in any case where the Registrar is in receipt of a notice in writing from the true owner notifying that he or she does not authorise the sale or disposal. (5) For the purposes of this section, a registered motor vehicle is deemed to be disposed of by the owner if it is repossessed in pursuance of a hire-purchase agreement or any other agreement entered into for the purpose of providing finance in respect of the vehicle, and the person repossessing the vehicle must comply with this section as if the person was the person to whom the vehicle

Motor Vehicles Act 1949 26 was disposed of. (6) This section applies to a motor vehicle the registration of which is suspended under section 61(2) of the Fines and Penalties (Recovery) Act 2001 even though the vehicle is taken to be unregistered under section 61(4) of that Act during the period of the suspension. (7) This section does not apply to a registered motor vehicle to which section 20A applies.

20A Sale of uncollected or abandoned registered motor vehicle (1) If a registered motor vehicle is sold under Part 2 of the Uncollected Goods Act 2004 or as an abandoned vehicle in accordance with regulations under the Traffic Act 1987, the receiver or competent authority must, within 14 days after the sale, deliver to the Registrar: (a) a notice of disposal in the form of a statutory declaration; and (b) a copy of the receipt provided to the purchaser under section 30 of that Act. (2) Subject to section 21A, the purchaser must, within 14 days after the sale, apply, in the form of a statutory declaration, to the Registrar to transfer the registration of the motor vehicle to the purchaser. (3) If satisfied the vehicle has been sold in accordance with Part 2 of the Uncollected Goods Act 2004 or as an abandoned vehicle in accordance with the regulations under the Traffic Act 1987, the Registrar must, on payment of the prescribed fee, transfer the registration of the motor vehicle to the purchaser.

21 Liability of new owner Notwithstanding any other provision of this Act to the contrary, where a record of the details of a notice of disposal delivered to the Registrar is made at the office of the Registrar, the new owner of the motor vehicle to which the notice of disposal relates is, on the making of the record, liable as if the owner of the motor vehicle for any breach of this Act, the Traffic Act 1987 or the Traffic Regulations 1999.

21A Refund where new owner registers vehicle outside Territory (1) Where a registered motor vehicle is sold or disposed of and the new owner wishes to register the vehicle in a State or another Territory of the Commonwealth, the new owner is not required to apply to the Registrar to transfer the registration of the motor

Motor Vehicles Act 1949 27 vehicle to him or her under section 20, but if the new owner does not do so he or she, within 14 days after the sale or disposal of the vehicle, or such longer period approved by the Registrar: (a) must surrender each number plate issued in connection with the registration of the motor vehicle in the Territory to the person or body responsible for the registration of motor vehicles in the State or other Territory; and (b) may apply to the Registrar for a refund in respect of the unexpired registration of the vehicle. (2) Where the Registrar receives and application for a refund under subsection (1), the Registrar is, on confirming the surrender of the number plates, to refund to the new owner the portion of the fee paid in respect of the registration of the vehicle that relates to the remainder of the period for which the vehicle is registered in the Territory.

22 Transfer of number plates (1) Where the owner of a registered motor vehicle, who sells or disposes of the motor vehicle before the expiry of the registration thereof, is desirous of transferring the number plates to another motor vehicle of the same class to be registered by him in lieu of that motor vehicle, he shall, after the sale or disposal of the first- mentioned motor vehicle within such time as the Registrar allows, apply for registration of the other motor vehicle. (2) Where a number plate is transferred from or to a commercial passenger vehicle, the Registrar shall advise the Director (within the meaning of the Commercial Passenger (Road) Transport Act 1991) of that fact and provide details of the vehicles affected.

23 Sales of motor vehicles or trailers on behalf of other persons (1) Any person who, not being a trader, sells or otherwise disposes of any motor vehicle or trailer on behalf of any other person must within 14 days forward to the Registrar a notice, in writing, of the sale or disposal setting out: (a) particulars of the type of body, make, engine number and vehicle identification number of the vehicle or trailer; and (b) the full names and addresses of the owner of the vehicle or trailer, the person on whose behalf the vehicle or trailer was sold or disposed of and the person to whom the vehicle or trailer was sold or disposed; and (c) the date of the sale or disposal; and

Motor Vehicles Act 1949 28 (d) the number appearing on the number plates, if any, issued in respect of the vehicle or trailer. (2) This section shall not impair any obligation or liability imposed on any person by any other provision of this Act.

24 Alteration in description of motor vehicle or trailer (1) Subject to subsection (3), where any alteration, affecting the accuracy of any particulars of the description in the certificate of registration of a motor vehicle or trailer, is made to that vehicle or trailer, the owner shall, within 14 days after the completion of the alteration, produce the motor vehicle or trailer, as the case may be, for inspection at the office of the Registrar and return to the Registrar for amendment the certificate of registration. (2) Subject to section 25, the Registrar shall, without fee, note the alterations on the certificate and return it to the owner. (3) Where it is intended to make an alteration to a vehicle that shall alter the configuration in which it is registered or which is specified on a permit issued under section 107B in relation to the vehicle: (a) subsection (1) does not apply; and (b) the owner or driver of the vehicle shall, at the time of applying for an amendment to the registration under section 107A or the issue of a permit under section 107B or such other time as the Registrar approves, present the vehicle for inspection and return the certificate of registration and permit, if any, to the Registrar for amendment or replacement.

25 Registration of altered motor vehicle or trailer (1) Subject to subsection (3), where any alteration is made in the construction, equipment or use of a motor vehicle or trailer by reason of which it is adapted for a purpose other than that for which it is registered, the owner shall, within 14 days after the completion of the alteration, produce the motor vehicle or trailer, as the case may be, for inspection at the office of the Registrar. (2) If the Registrar is of the opinion that by reason of the alteration the motor vehicle or trailer is adapted for such other purpose, he may require the owner to register the altered motor vehicle or trailer, as the case may be, forthwith, and, until it is registered as required, it shall be deemed to be an unregistered motor vehicle or trailer. (3) Where it is intended to make an alteration to the construction, equipment or use of a vehicle by reason of which it is adapted for a purpose other than that for which it is registered and that shall alter

Motor Vehicles Act 1949 29 the configuration in which it is registered or which is specified on a permit issued under section 107B in relation to the vehicle: (a) subsections (1) and (2) do not apply; and (b) the owner or driver of the vehicle shall, at the time of applying for an amendment to the registration under section 107A or the issue of a permit under section 107B or such other time as the Registrar approves, present the vehicle for inspection and return the certificate of registration and permit, if any, to the Registrar for amendment or replacement.

25A Person who teaches for fee, &c., to be approved A person shall not, except as provided in the Regulations, for fee, reward, salary, wages or other remuneration or consideration, teach another person to drive a motor vehicle unless that person is approved under section 25B as a driving instructor in respect of that class of motor vehicle.

25B Driving instructors (1) A person who is the holder of a licence to drive a motor vehicle may apply to the Registrar, in an approved form, to become a driving instructor in respect of a class of motor vehicle or classes of motor vehicles. (2) The Registrar, on receiving an application under subsection (1), may approve or refuse to approve the application. (3) The Registrar shall not approve an application under subsection (2) unless satisfied that the applicant: (a) is of good character; (b) is proficient as a driving instructor in respect of the class of motor vehicle or classes of motor vehicles to which the application relates; (c) is the holder of a licence to drive a motor vehicle of the class of motor vehicle or classes of motor vehicles to which the application relates; and (d) has held a licence to drive a motor vehicle, whether in the Territory or elsewhere, for a continuous period of not less than 3 years immediately preceding the date of the application or has experience in driving a motor vehicle, which, in the opinion of the Registrar, is equivalent to that which the applicant would have gained had the applicant held a licence for that continuous period.

Motor Vehicles Act 1949 30 (4) On approving an application under subsection (2) the Registrar shall endorse the applicant's licence to drive a motor vehicle in the approved manner in respect of the class of motor vehicle or classes of motor vehicles to which the approval relates.

25C Approval may be subject to conditions, &c. (1) An approval under section 25B may be subject to such conditions, restrictions or limitations as the Registrar thinks fit. (2) Where an approval under section 25B is, in accordance with subsection (1), subject to a condition, restriction or limitation, the Registrar shall: (a) notify the applicant of the condition, restriction or limitation; and (b) endorse, in the approved manner, the applicant's licence to drive a motor vehicle. (3) A person approved under section 25B shall not contravene or fail to comply with a condition, restriction or limitation to which the person's approval is subject.

25D Duration of approval An approval of a person under section 25B shall remain in force, unless revoked or suspended in accordance with this Act, while the person's licence to drive a motor vehicle, and any renewal of that licence, remains in force.

25E Examination to determine fitness (1) The Registrar may require: (a) an applicant under section 25B(1); or (b) at such times as may be prescribed, a person approved under section 25B(2), to undergo: (c) an approved test or examination, or both, to determine the proficiency of the applicant or person as a driving instructor; or (d) a medical examination by a medical practitioner to determine that the applicant or person is in a fit state of health to be a driving instructor.

Motor Vehicles Act 1949 31 (2) A person required to undergo a test or examination under subsection (1)(c) shall, before undergoing the test or examination, pay to the Registrar the prescribed fee.

25F Revocation or suspension of approval (1) The Registrar may revoke, or suspend for such period as the Registrar thinks fit, the approval of a person under section 25B where the Registrar is satisfied that the person: (a) is no longer proficient as a driving instructor; (b) has been guilty of conduct making the person unfit to be a driving instructor; or (c) has failed, when required by the Registrar under section 25E, to undergo a test or examination at a time prescribed for the purposes of that section. (2) For the purposes of subsection (1) and without limiting the generality of that subsection, a person is no longer proficient as a driving instructor if the person fails a test or examination referred to in section 25E.

25G Appeals against refusals, revocations, suspensions, &c. (1) A person aggrieved by a decision of the Registrar under section 25B or 25F, or under section 25C imposing a condition, restriction or limitation on an approval, may, on giving to the Registrar not less than 14 days notice, appeal to the Local Court against the decision. (2) The decision of the Local Court hearing an appeal under subsection (1) shall be final and conclusive and shall be given effect to by the Registrar.

25H Nature of appeal A Local Court hearing an appeal under section 25G shall: (a) re-determine the matter; (b) hear relevant evidence tendered, whether by the appellant or the Registrar; and (c) without limiting the generality of its discretion, take into consideration all matters which the Registrar ought to have taken into consideration in determining the matter.

Motor Vehicles Act 1949 32

Part 2A Special provisions for licence disqualifications for offenders under community orders

25J Definitions community order means: (a) a community correction order or intensive community correction order made under the Sentencing Act 1995; or (b) a community based order or community custody order made under the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022. driving program, for a community order, means a prescribed program as defined in section 3(1) of the Sentencing Act 1995 that requires the offender for whom the order is made to undertake a program relating to: (a) driving, including rehabilitation for drink or drug driving; or (b) road safety. licence disqualification, for an offender, means a disqualification applying to the offender in relation to holding a licence or the offender's ability to apply for a licence or renewal of a licence. licensed driver, for a class of motor vehicle, means a person who holds: (a) a licence to drive a motor vehicle of the class other than a learner licence or licence that is provisional under section 10A; or (b) an equivalent licence granted in a State or another Territory. offender, see section 25K(1)(a). previously licensed offender, see section 25L(1)(a). unlicensed offender, see section 25L(1)(b).

Division 2 Provision for orders for licence while community order in force Motor Vehicles Act 1949 33

25K Application of Part (1) This Part applies if: (a) a person (the offender) has been found guilty of an offence against the Traffic Act 1987; and (b) because of the finding of guilt the offender incurs a licence disqualification under the Traffic Act 1987; and (c) all of the offender's unexpired licence disqualifications total less than 5 years; and (d) a community order was made for the offender for the offence (regardless of whether the order was also made for another offence); and (e) the community order requires the offender to undertake a driving program. (2) This Part applies despite a provision of the Traffic Act 1987 that provides for: (a) the cancellation or suspension of the offender's licence; or (b) a licence disqualification applying to the offender. Note for subsection (2) If a person is found guilty of an offence against Part V, Division 2 of the Traffic Act 1987, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence for certain periods. Also, under section 41 of that Act, a court may disqualify a person from holding another licence for a period fixed by it. Division 2 Provision for orders for licence while community order in force

25L Application for court order for licence (1) To permit the offender to undertake practical training as part of the driving program under the community order, the offender may apply for a court order that the Registrar: (a) if the offender held, in the Territory or elsewhere, a licence to drive a motor vehicle when the offender's licence disqualification mentioned in section 25K(1)(b) took effect (a previously licensed offender) – grant the offender a licence to drive a motor vehicle of a stated class while the community order is in force; or

Division 2 Provision for orders for licence while community order in force Motor Vehicles Act 1949 34 (b) if the offender did not hold, in the Territory or elsewhere, a licence to drive a motor vehicle when the offender's licence disqualification mentioned in section 25K(1)(b) took effect (an unlicensed offender) – accept and deal with an application by the offender for a learner licence to drive a motor vehicle of a stated class while the community order is in force. (2) However, the application cannot be made for a licence to drive a commercial passenger vehicle or motor cycle. (3) The application must be made to the court that made the community order for the offender. (4) The registrar of the court must immediately give written notice of the application to the Commissioner of Correctional Services.

25M Decision on application The court may make the order sought only if satisfied it is appropriate in the circumstances to make the order for the offender. Note for section 25M For provisions about the revocation of the order and the effects of its revocation, see sections 39B and 48G of the Sentencing Act 1995.

25N Effect of order – previously licensed offender (1) This section applies if: (a) the offender is a previously licensed offender; and (b) the court makes the order sought on the offender's (2) The Registrar must grant the offender a licence to drive a motor vehicle of the class stated in the order. (3) The licence is in force for the period the community order is in force. (4) The licence is subject to the condition that the offender may drive a motor vehicle of the stated class only while under the direct supervision of a licensed driver for the class of motor vehicle: (a) for undertaking practical driver training as part of the driving program under the community order; and (b) after successfully completing the driving program, for undertaking further practical driver training during the remaining period the licence is in force.

Motor Vehicles Act 1949 35

25P Effect of order – unlicensed offender (1) This section applies if: (a) the offender is an unlicensed offender; and (b) the court makes the order sought on the offender's (2) The Registrar must: (a) accept an application from the offender for a learner licence to drive a motor vehicle of the class stated in the order; and (b) deal with the application under this Act. Note for subsection (2)(b) In particular, sections 9, 102 and 102AA are relevant to the Registrar's dealing with the application and to the grant of a licence. (3) If the Registrar grants a learner licence to the offender, the licence is in force for the period the community order is in force. (4) Subsection (3) applies despite section 9(2). (5) The learner licence is subject to the condition that the offender may drive a motor vehicle of the stated class only while under the direct supervision of a licensed driver for the class of motor vehicle: (a) for undertaking practical driver training as part of the driving program under the community order; and (b) after successfully completing the driving program, for undertaking further practical driver training during the remaining period the learner licence is in force.

Division 3 Provision for orders for licence application after community order discharged

25Q Application for court order for licence (1) To permit the offender to obtain a licence to drive a motor vehicle on the discharge of the community order, the offender may apply for a court order that the Registrar accept and deal with an application by the offender for a licence to drive a motor vehicle of a stated class. (2) The application must be made to the court that made the community order for the offender.

Motor Vehicles Act 1949 36 (3) The registrar of the court must immediately give written notice of the application to the Commissioner of Correctional Services.

25R Decision on application (1) The court may make the order sought only if: (a) satisfied it is appropriate in the circumstances to make the order for the offender; and (b) satisfied that the community order has ceased to be in force; and (c) a statement has been given to the court by the provider of the driving program undertaken by the offender that the offender successfully completed the program. (2) Without limiting subsection (1)(a), the court must have regard to the following: (a) the type and seriousness of the offence for which the offender is disqualified from obtaining a licence; (b) the safety of the community, including matters relating to the offender's rehabilitation; (c) the offender's need for a licence to drive a motor vehicle of the class stated in the application: (i) in the course of the offender's employment; or (ii) to get to the offender's place of employment; (d) the offender's employment prospects if the offender has a licence to drive a motor vehicle of the class stated in the (3) However, if under Part V of the Traffic Act 1987, the offender is disqualified from obtaining a licence other than an AIL licence, the court may make the order only in relation to an application for an AIL licence. Note for subsection (3) Section 10(4A) to (4D) deals with an application for an AIL licence. (4) In addition, if the offender is an unlicensed offender, the court may make the order only in relation to an application for a learner

Motor Vehicles Act 1949 37 (5) Also, the court must refuse to make the order if, under section 102AA, the Registrar would be required to refuse to grant an application by the offender for the licence. Note for section 25R For provisions about the revocation of the order and the effects of its revocation, see sections 39B and 48G of the Sentencing Act 1995.

25S Effect of order (1) If the court makes the order sought: (a) subject to subsection (2), all licence disqualifications applying to the offender cease to have effect; and (b) demerit points entered in the register against the offender's name for offences committed in the Territory cease to be active demerit points for Part 3; and (c) the Registrar must: (i) subject to section 25T, accept an application from the offender for a licence to drive a motor vehicle of the class stated in the order; and (ii) subject to subsections (3) to (5), deal with the application under this Act. Note for subsection (1)(b) If the order is revoked under section 39B(5) or 48G(5) of the Sentencing Act 1995, the demerit points again become active demerit points under section 39B(6)(c)(ii) or 48G(6)(c)(ii) of that Act. Note for subsection (1)(c)(ii) In particular, sections 10, 102 and 102AA are relevant to the Registrar's dealing with the application and to the grant of a licence. (2) A licence disqualification applying to the offender does not cease to have effect to the extent it disqualifies the offender from holding a licence, or applying for a licence or renewal of a licence, other than an AIL licence. (3) If the offender held a learner licence granted on an application mentioned in section 25P(2), the offender is, for section 9(4), taken to understand the laws in force relating to the regulation of road traffic.

Motor Vehicles Act 1949 38 (4) Subsection (5) applies if: (a) the offender held a learner licence granted on an application mentioned in section 25P(2) (the former licence); and (b) the Registrar is satisfied that, after successfully completing the driving program under the community order, the offender undertook further practical driver training during the remaining period the learner licence was in force; and (c) the Registrar grants a learner licence on an application made under this section (the new licence); and (d) the former licence and new licence have effect for a continuous period. (5) The period the former licence had effect must be taken into account for working out the continuous period mentioned in section 10(1A).

25T Undertaking to be of good driving behaviour (1) If the licence disqualification mentioned in section 25K(1)(b) applies to the offender because of a demerit points offence under Part 3, the offender must lodge with the offender's application for a licence an undertaking to be of good driving behaviour for 1 year (the good driving period). (2) The undertaking must be in the approved form. (3) If the Registrar grants a licence on the application, the good driving period starts on the day the licence starts. (4) If the offender incurs 2 or more demerit points during the good driving period, the Registrar must serve on the offender a suspension notice specifying a suspension period that is double the period specified in the suspension notice for the offence mentioned in subsection (1).

26 Definitions another jurisdiction means a State or another Territory of the Commonwealth.

Motor Vehicles Act 1949 39 demerit points means: (a) the points incurred under this Part by a person who commits a demerit points offence; or (b) the points incurred under a law of another jurisdiction by a person who commits a traffic offence in the other jurisdiction. demerit points offence means: (a) an offence specified in Schedule 1 to the Traffic Regulations 1999 for which demerit points are prescribed; or (b) a traffic offence committed in another jurisdiction, that attracts demerit points under the law of that jurisdiction. Fines Recovery Unit has the meaning in the Fines and Penalties (Recovery) Act 2001. good driving period means the period (which may be discontinuous) for which an undertaking to be of good driving behaviour is effective. licence means: (a) a licence or permit to drive a motor vehicle (including a learner licence); and (b) for a visiting driver – the right to drive in the Territory. licensing authority, of another jurisdiction, means the Agency or office of the other jurisdiction responsible for administration of the scheme for licensing of drivers in that jurisdiction. suspension includes disqualification from holding or obtaining a suspension notice means a notice under section 33C. suspension period means the period (which may be discontinuous) for which the suspension is effective. suspension threshold means the point at which a person becomes liable to suspension because of demerit points incurred by the person. traffic offence means an offence under an Act of the Territory or another jurisdiction that regulates road use or use of road-related areas.

Motor Vehicles Act 1949 40 visiting driver means a person who is not a resident of the Territory but who is entitled to drive in the Territory under section 32 of the Traffic Act 1987.

27 Minister may give directions (1) The Minister may give directions to the Registrar in relation to the general administration of the demerit points scheme under this Part. (2) Subsection (1) does not authorise the giving, or following, of directions that relate to the impact of the scheme on a particular Example If a traffic infringement detection device is found to be defective, the Minister might direct the Registrar to delete from the register all demerit points incurred for offences detected by the device for the period the device was faulty. Even if only one person's records in the register were affected, such a direction would not offend subsection (2) because of the direction's general nature.

28 Active demerit points (1) For this Part, demerit points are active demerit points if they are capable of being taken into account as the basis of a suspension (2) Demerit points cease to be active if: (a) they are taken into account as the basis of a suspension notice; or (b) the demerit points, together with any further points incurred in the ensuing 12 month period, or 3 year period (as the case may be), do not result in the suspension threshold being reached. Notes for subsection (2) 1 Because substantial delay is possible between the date points are incurred and the date they are entered in the register, some points can remain active for more than 3 years. 2 Demerit points also cease to be active under section 25S(1)(b). (3) This section has effect subject to: (a) sections 39B(6)(c)(ii) and 48G(6)(c)(ii) of the Sentencing Act 1995; and

Motor Vehicles Act 1949 41 (b) sections 39N(5)(c)(ii), 48L(4)(c)(ii) and 48M(5)(c)(ii) of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022 and continued by section 145 of the Sentencing Act 1995. Division 2 Incurring demerit points 29 Demerit points only to natural persons Demerit points can only be incurred by natural persons. 30 When demerit points are incurred (1) Demerit points for a demerit points offence are incurred by the offender on the day the offence is committed. (2) Demerit points are to be recorded in the register as incurred on the date the demerit points offence was committed. (3) This section applies although the demerit points are not recorded in the register until a later time.

31 Demerit points register (1) The Registrar must maintain a register of demerit points. (2) The register is to be a record of: (a) demerit points incurred for demerit points offences committed in the Territory; and (b) certain demerit points incurred by residents of the Territory for demerit points offences committed in other jurisdictions. Note Section 33 deals with which demerit points incurred in another jurisdiction will be recorded in the register.

Motor Vehicles Act 1949 42

32 Demerit points for offence committed in the Territory (1) The Registrar must enter in the register, against the name of a person, the relevant number of demerit points for a demerit points offence committed in the Territory if: (a) the person is found guilty of the offence and: (i) the time for lodging an appeal has passed and no appeal has been lodged; or (ii) an appeal has been lodged and the appeal has been determined, withdrawn or discontinued; or (b) the person is served with an infringement notice for the offence and: (i) the infringement notice penalty is paid in full or in part; or (ii) the Fines Recovery Unit enters into a scheme with the person allowing further time to pay, or payment by instalments; or (iii) the period for payment of the infringement notice penalty expires without the person electing to have the matter heard by a court. (2) The relevant number of demerit points for a demerit points offence is the number prescribed by regulation for the offence plus any additional points imposed for the offence under a Ministerial declaration.

33 Demerit points incurred in another jurisdiction (1) If: (a) the Registrar is advised by the licensing authority of another jurisdiction that demerit points have been incurred in that jurisdiction by a person who is a resident of the Territory; and (b) the offence for which the demerit points were incurred corresponds to a demerit points offence under Territory law; the Registrar must record against the name of the person in the Territory register the number of demerit points incurred in the other jurisdiction for the offence. (2) The demerit points recorded under subsection (1)(b) must not include points incurred before the commencement of this Part.

Division 4 When demerit points reach suspension threshold Motor Vehicles Act 1949 43

33A Recording demerit points from other jurisdiction for person taking up residence in Territory (1) If a person applies for a Territory licence after a period of residence in another jurisdiction, the Registrar must: (a) enquire of the licensing authority of the other jurisdiction about active demerit points recorded against the person in that jurisdiction; and (b) record those demerit points against the person in the register for the dates on which the points were incurred. (2) The demerit points recorded under subsection (1)(b) must not include: (a) points incurred before the commencement of this Part; or (b) points for an offence where the register already contains a record of the same offence. Note Demerit points brought across from a previous jurisdiction under this section may include points for offences not recognised as demerit points offences in the Territory. Division 4 When demerit points reach suspension threshold

33B When is suspension threshold reached? (1) A person reaches the suspension threshold if the person incurs 12 or more demerit points within a period of 3 years or less. (2) A person also reaches the suspension threshold if: (a) the person is: (i) the holder of a learner licence or a licence that is provisional; or (ii) subject to subsection (3), a visiting driver; and (b) the person incurs 5 or more demerit points within a period of 12 months or less.

Motor Vehicles Act 1949 44 (3) Subsection (2) does not apply to a visiting driver who holds a licence or permit from another jurisdiction unless the licence or permit is equivalent to a licence mentioned in subsection (2)(a)(i). Note Whenever demerit points are entered against a person's name in the Register, a computer check will be carried out to determine whether the aggregate active demerit points incurred by the person over any relevant period result in the suspension threshold being reached.

33C Suspension notice issued when suspension threshold reached (1) If it appears from the register that a person has reached the suspension threshold, the Registrar must serve a suspension notice on the person. (2) The notice must include the following: (a) the date of the notice; (b) the date on which the suspension is to take effect (the effective date); (c) details of the person's licence (if any); (d) particulars of the relevant offences, including the date of each offence and the demerit points incurred in respect of each offence; (e) the period for which: (i) the licence is suspended; or (ii) for a visiting driver – the right to drive in the Territory is suspended; or (iii) if the person is unlicensed – the person is disqualified from obtaining a licence; (f) details of the person's right to elect for the effective date to be brought forward; (g) details of the person's right (if eligible) to undertake to be of good driving behaviour and the consequences of exercising or failing to exercise that right; (h) further information as prescribed.

Motor Vehicles Act 1949 45 (3) Subject to section 33F, the effective date is 28 days after the date of the notice. (4) The notice may be served personally or by post. (5) Postal service may be effected by sending the notice by ordinary post to the postal address (including a Post Office Box) last notified to the Registrar, the Northern Territory Police Force or the Fines Recovery Unit by the person.

33D Effect of suspension (1) The suspension notice has the following effect: (a) if the person is the holder of a Territory licence – the licence is suspended and the person is disqualified from obtaining another licence; (b) if the person is a visiting driver – the person's right to drive in the Territory is suspended; (c) if the person is not licensed – the person is disqualified from obtaining a licence. (2) If the person holds a Territory licence and the licence expires during the suspension period, the Registrar must not renew the licence until the suspension period (and any other period of suspension or disqualification) expires.

33E Suspension period (1) When a suspension notice is issued, demerit points must be taken into account for the notice if: (a) they were incurred within the relevant period; and (b) they were recorded in the register as active points on the date of issue of the notice. (2) For a suspension threshold of 5 demerit points within a period of 12 months or less, the suspension period is fixed as follows: (a) if 5 to 8 points have been taken into account for the notice of suspension – 3 months; (b) if 9 to 12 points have been taken into account for the notice of suspension – 4 months; (c) if more than 12 points have been taken into account for the notice of suspension – 5 months.

Motor Vehicles Act 1949 46 (3) For a suspension threshold of 12 demerit points within a period of 3 years or less, the suspension period is fixed as follows: (a) if 12 to 15 points have been taken into account for the notice of suspension – 3 months; (b) if 16 to 19 points have been taken into account for the notice of suspension – 4 months; (c) if more than 19 points have been taken into account for the notice of suspension – 5 months.

33F Early start to suspension period (1) A person subject to a suspension notice may elect to begin the suspension period earlier than the effective date in the notice. (2) To make the election, the person must: (a) complete the approved form for making the election; and (b) lodge the election form, in person, at any office of the Registrar within 21 days after the date of the notice. (3) The effective date for the beginning of the suspension period becomes the day after the election form is lodged. office of the Registrar includes a police station that functions as an office of the Registrar.

33G Undertaking to be of good driving behaviour (1) A person subject to a suspension notice may (if eligible) undertake, as an alternative to undergoing the suspension notified in the notice, to be of good driving behaviour for 12 months. Note Section 33H deals with a person's eligibility to undertake to be of good driving behaviour. (2) To undertake to be of good driving behaviour, the person must: (a) complete the approved form for giving the undertaking; and (b) lodge the undertaking, in person, at any office of the Registrar within 21 days after the date of the notice.

Motor Vehicles Act 1949 47 (3) The effective date for the beginning of the good driving period becomes the day after the undertaking is lodged. (4) The good driving period ceases to run (or does not begin to run, as the case may be) during a period of licence suspension or disqualification under another law, and whatever period of good driving behaviour has not been served begins to run immediately the period of suspension or disqualification ends. (5) In this section: office of the Registrar includes a police station that functions as an office of the Registrar.

33H Eligibility to undertake good driving behaviour (1) A person subject to a suspension notice is eligible to undertake to be of good driving behaviour if: (a) the person is the holder of a Territory licence; or (b) the person becomes the holder of such a licence before the period of disqualification to obtain a licence commences. (2) However, a person is not eligible to undertake to be of good driving behaviour if the suspension notice is issued under section 33L because the person has breached a previous undertaking to be of good driving behaviour.

33J Person may apply for extension of time for undertaking (1) A person may apply to the Registrar for an extension of time to undertake to be of good driving behaviour. (2) If the Registrar is satisfied: (a) the person has not received the suspension notice in sufficient time to give the undertaking (for a reason other than wilful avoidance); or (b) the circumstances are exceptional and warrant extending the time for the person to give the undertaking; the Registrar may allow additional time (and may, if necessary, defer the date of commencement of the suspension period) for the person to give the undertaking. (3) A person can make only one application under subsection (1), but nothing prevents the Registrar, on the Registrar's own initiative, granting a further extension if satisfied the circumstances warrant it.

Motor Vehicles Act 1949 48

33K Person may apply to give undertaking by other means (1) The Registrar may, on application by a person, dispense with the requirement that the applicant attend in person at an office of the Registrar to give an undertaking to be of good driving behaviour. (2) The Registrar will only give the dispensation if satisfied: (a) as to the identity of the applicant; and (b) that in the circumstances it would be unduly onerous to require personal attendance.

33L Breach of undertaking (1) This section applies if a person: (a) undertakes to be of good driving behaviour; and (b) incurs 2 or more demerit points during the good driving period. (2) The Registrar must serve on the person a further suspension notice specifying a suspension period that is double the period that was specified in the earlier notice of suspension that gave rise to the undertaking.

33M Advising other jurisdiction of offences committed in Territory (1) If a resident of another jurisdiction commits a demerit points offence in the Territory, the Registrar must advise the licensing authority of the other jurisdiction of the details of the offence and the number of demerit points prescribed for the offence. (2) The Registrar may also advise the licensing authority of another jurisdiction of the details of a traffic offence committed by a resident of the other jurisdiction, although the offence is not a demerit points offence in the Territory.

33N When Registrar advises other jurisdiction The details are not to be advised to the licensing authority of the other jurisdiction until: (a) the person is found guilty of the offence and: (i) the time for lodging an appeal has passed and no appeal has been lodged; or

Motor Vehicles Act 1949 49 (ii) an appeal has been lodged and the appeal has been determined, withdrawn or discontinued; or (b) the person is served with an infringement notice for the offence and: (i) the infringement notice penalty is paid in full or in part; or (ii) the Fines Recovery Unit enters into a scheme with the person allowing further time to pay, or payment by instalments; or (iii) the period for payment of the infringement notice penalty expires without the person electing to have the matter heard by a court.

33P Registrar to provide details of active demerit points (1) This section applies if the Registrar is advised by the licensing authority of another jurisdiction that a person who holds a Territory licence has applied for a licence in the other jurisdiction. (2) The Registrar must provide the licensing authority with details from the register of the person's active demerit points. (3) The Registrar must also advise the licensing authority of the details of any demerit points suspension period or good driving period applicable to the person.

33Q Demerit points no longer active once taken into account for notice of suspension or breach of undertaking (1) Subject to subsection (4), demerit points for a particular offence can be taken into account only once as the basis of a suspension (2) Subsection (1) applies whether the suspension notice is issued because: (a) the person's active demerit points have reached a suspension threshold: or (b) the person has breached an undertaking to be of good driving behaviour. (3) Subsection (1) also applies whether the suspension notice is issued under this Act or under the law of another jurisdiction.

Motor Vehicles Act 1949 50 (4) However, if the suspension notice is withdrawn, the points may again be taken into account as the basis of a later suspension

33R Demerit points incurred but not taken into account for notice of suspension Demerit points that had not been entered in the register before the date of a suspension notice are not affected by the notice (although they may have been incurred before the date of the notice) and can be taken into account as the basis of a later suspension notice.

33S Demerit points deleted from register (1) The Registrar must, if satisfied the entry of demerit points in the Register was made in error, delete the demerit points from the register. (2) The Registrar may make any further consequential adjustments to the register to ensure the records are correct. (3) If: (a) active demerit points are recorded in the register in relation to an offence; and (b) the Fines Recovery Unit annuls an enforcement order that relates to a penalty for the offence; the Registrar must delete the demerit points but must re-instate the points if the offence is referred to the Local Court and the court finds the offence proved. (4) If: (a) active demerit points are recorded in the register for an offence; and (b) a court grants leave to appeal out of time against a finding of guilt in relation to the offence; the Registrar must delete the demerit points but must re-instate the points if the appeal is unsuccessful.

33T Withdrawal of suspension notice (1) The Registrar must withdraw a suspension notice if it later appears that the notice: (a) was issued in error; or

Motor Vehicles Act 1949 51 (b) would not have issued, or would have specified a shorter suspension period but for taking into account demerit points since deleted. (2) A notice of withdrawal may be served in the same manner as a notice of suspension. (3) The withdrawal of a suspension notice does not prevent the issue of a fresh notice: (a) specifying an amended suspension period (taking into account any period of suspension that had already run under the original notice); or (b) taking into account demerit points that had been deleted but which were later re-instated.

33U Releasing information from register (1) The Registrar may, for statistical purposes, retain in the register records of demerit points that are no longer active. (2) However, information and details of demerit points must not be published, except as aggregated data for statistical purposes where the information does not permit any particular person to be identified. (3) The Registrar may make available to a person the information in the register relating to the person's active demerit points.

33V Appeal against decision of Registrar (1) An appeal against a decision of the Registrar under this Part may be made to the Local Court. (2) The court may uphold, vary or quash the Registrar's decision and may substitute its own decision for that of the Registrar. (3) However, a suspension under this Part occurs by force of this Part and cannot be appealed or reviewed in any court. (4) If a person lodges an appeal against a refusal by the Registrar to allow additional time for the person to give an undertaking to be of good driving behaviour, the suspension does not take effect until the court rejects the appeal or the appeal is withdrawn or discontinued.

Motor Vehicles Act 1949 52

33W Court not take demerit points into account When sentencing a person for a traffic offence, a court must not take into account that demerit points may be incurred by the person in relation to the offence.

33X Demerit points not affected by licence suspension under another law (1) A suspension period under this Part is in addition to any period of licence suspension or disqualification otherwise imposed under a law in force in the Territory. (2) Demerit points recorded in the register against a person are not affected by a period of licence suspension or disqualification imposed by a court in Australia or any other Territory law. (3) If multiple periods of suspension or disqualification apply in relation to a person under different laws, the order in which the periods run is as follows: (a) first – suspension or disqualification by a court or under another law (except fine default within the meaning of the Fines and Penalties (Recovery) Act 2001); (b) secondly – demerit points suspension under this Part, concurrently with any fine default suspension under the Fines and Penalties (Recovery) Act 2001. (4) Demerit points suspension under this Part ceases to run (or does not begin to run, as the case may be) during a period of licence suspension or disqualification under another law, and whatever portion of the demerit points suspension has not been served begins to run immediately the other period of suspension or disqualification ends.

33Z Offence by body corporate (1) A body corporate that facilitates the avoidance of demerit points by natural persons commits an offence. (2) A body corporate facilitates the avoidance of demerit points by natural persons if the body fails, more than twice in a 3 year period, to identify the driver of a vehicle, under the control of the body corporate, involved in the commission of a demerit points offence detected by a traffic infringement detection device.

Motor Vehicles Act 1949 53 (3) It is a defence to a prosecution for an offence against subsection (1) if the body corporate: (a) had taken all reasonable steps to ensure it would be in a position to identify the driver of a vehicle under its control should a demerit points offence be committed; and (b) failed to identify the driver in the relevant instance because of exceptional circumstances.

34 Licensing of motor vehicle traders (1) The Registrar may grant a licence (a motor vehicle trader's licence) to any person bona fide engaged in manufacturing, dealing in or repairing motor vehicles, or in such other related pursuit as is approved by the Registrar, and having suitable premises for that person to use one or more number plates (trader's plates) in the circumstances specified in section 35. (2) The Registrar may, from time to time, renew a motor vehicle trader's licence granted to a person under subsection (1). (2A) A motor vehicle trader's licence must be: (a) in the approved form; and (b) for a renewal of the licence – endorsed with the word "Renewal". (3) Prior to the grant or renewal of a motor vehicle trader's licence such fees shall be payable by such person as are prescribed. (4) A motor vehicle trader's licence remains in force for the period (the licence period) mentioned in subsection (5) unless it is cancelled or suspended. (5) The licence period for a motor vehicle trader's licence is either: (a) 12 months; or (b) any shorter period decided by the Registrar under subsection (7).

Motor Vehicles Act 1949 54 (6) For subsections (4) and (5), the licence period for a motor vehicle trader's licence commences on: (a) if the licence is granted to the person under subsection (1) – the day on which the motor vehicle trader's licence is granted; or (b) if the renewal of the person's licence is granted under subsection (2) on or before the date on which the previous licence period of the person's licence expires – the day immediately after the date on which the previous licence period expired; or (c) if the renewal of the person's licence is granted under subsection (2) after the date on which the previous licence period of the person's licence expires – the day on which the renewal of the licence is granted. (7) The Registrar may grant a motor vehicle trader's licence to a person, or renew a person's motor vehicle trader's licence, for a licence period that is shorter than 12 months. (8) The Registrar may grant or renew a motor vehicle trader's licence for a shorter period under subsection (7) on the application of the person or on the Registrar's own initiative. (9) If the Registrar decides to grant or renew a motor vehicle trader's licence for a shorter period, the amount of the fee required to be paid under subsection (3) is to be calculated as a pro rata amount of the prescribed fee payable in respect of a 12-month licence period.

35 Conditions of use of trader's plates (1) Subject to subsections (2) and (4), a trader's plate may be used on a motor vehicle which is standing or being driven upon a public street only where: (a) the vehicle is in the possession or custody of the trader to whom the plate has been issued or transferred or his employee for manufacture, repair, painting, sale or exchange or delivery to another trader, purchaser or owner; (b) the vehicle is being used bona fide for a purpose connected with the manufacture, repair, painting, testing, demonstration, sale or exchange of the vehicle or its delivery to another trader, purchaser or owner;

Motor Vehicles Act 1949 55 (c) any person in or upon the vehicle is being carried otherwise than for hire or any consideration and is bona fide interested in, or employed for, a purpose mentioned in paragraph (b); (d) any loading in or upon the vehicle is being conveyed solely for the purpose of demonstrating the mass-carrying capacity of the vehicle to a bona fide prospective purchaser; (e) in the case of a towing vehicle owned by the trader, the vehicle is being used by the trader or his employee for the purpose of proceeding to and towing any disabled motor vehicle; and (f) the driver or person in charge of the vehicle is: (i) the trader or an employee of the trader; (ii) a prospective purchaser of the vehicle or his employee or agent who is accompanied by the trader or an employee of the trader; or (iii) a prospective purchaser of the vehicle or his employee or agent where the trader is licensed as a motor vehicle dealer under the Consumer Affairs and Fair Trading Act 1990. (2) A trader referred to in subsection (1)(f)(iii) shall not permit a prospective purchaser of a vehicle referred to in that subsection to drive the vehicle except where, in addition to any other information required to be kept by any other law in force in the Territory, the name, the driver's licence number, address and signature of the prospective purchaser has been recorded in a register kept by the trader for that purpose. (3) A trader referred to in subsection (1)(f)(iii) shall, on demand at any reasonable time, produce the register required to be kept under subsection (2) for inspection by the Registrar, an inspector or member of the Police Force. (4) The Registrar may, in his discretion, upon such conditions as he (5) Where a motor vehicle bears a trader's plate in any of the circumstances specified in this section, the person driving the vehicle shall be deemed not to contravene section 33, 33A or 34 of the Traffic Act 1987.

Motor Vehicles Act 1949 56

36 Use of trader's plate A trader shall not use any trader's plate, or permit it to be used, otherwise than in the circumstances specified in section 35.

37 Persons who may drive vehicle with trader's plate (1) Subject to this section, a person shall not, upon any public street, drive a motor vehicle, other than a motor cycle having a trader's plate attached unless that person: (a) is the holder of a licence to drive a motor vehicle; and (b) is: (i) the trader to whom the plate was issued or transferred or an employee of such trader; (ii) a prospective purchaser of the vehicle or his employee or agent who is accompanied by the trader or an employee of the trader; or (iii) a prospective purchaser of the vehicle or his employee or agent where the trader to whom the plate was issued or transferred is licensed as a motor vehicle dealer under the Consumer Affairs and Fair Trading Act 1990. (2) A prospective purchaser of a motor cycle or his employee or agent may drive a motor cycle having a trader's plate attached if he produces to the trader his licence to drive a motor cycle. (3) The Registrar may, in his discretion, upon such conditions as he

38 Sale, &c., of business and transfer of plates (1) Where a trader sells or disposes of or ceases to carry on the business in respect of which he is licensed, he shall, within 14 days after the sale or disposal, notify the Registrar in writing of the sale or disposal and return to the Registrar the licence and trader's plates issued to him. (2) Upon application by the person to whom the business has been sold or disposed of and upon payment by him of the prescribed fee, the Registrar may transfer the licence in respect of the business to that person for the unexpired period of the licence. (3) If the Registrar approves of the transfer, he shall sign the licence in the space set apart therefor for his signature and return the licence

Motor Vehicles Act 1949 57 and the trader's plates to the person to whom the business has been sold or disposed of and such person shall then be deemed to be the licensee for the purposes of this Act.

39 Revocation or suspension of right to use trader's plates The Court before which any trader is found guilty for a breach of any of the conditions relative to the use of a trader's plate may, in addition to imposing a penalty, revoke or suspend, for such period as the Court thinks fit, the motor vehicle trader's licence of that

40 Return of trader's plates to the Registrar Where the Registrar is satisfied that a trader has ceased, by reason of the sale or disposal of his business or otherwise, to be entitled to be licensed, the Registrar may request that person to return to the Registrar any trader's plates issued to him and that person shall comply with the request forthwith.

42 Affixing of trader's plates (1) A person must not drive a vehicle with a trader's plate attached to it on a public street unless the trader's plate is securely affixed at the rear of the vehicle so that, when the vehicle is on level ground: (a) the plate is at all times in an upright position parallel to the vehicle's axles; and (b) the number on the plate is clearly legible and visible from: (i) if the vehicle is a heavy vehicle – any point that is up to 20 m from the plate and within an arc of 45 degrees from the surface of the plate above and on either side of the vehicle; or (ii) otherwise – up to 20 m from the plate within an arc of 15 degrees from the surface of the plate above and 45 degrees on either side of the vehicle. (2) However, the person does not contravene subsection (1)(b) if the number on the trader's plate affixed to the vehicle is not clearly legible and visible as mentioned in that subsection merely because the vehicle is towing another vehicle.

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43 Record of use of trader's plate A trader shall: (a) keep a record, in accordance with the approved form, and record the particulars required to be inserted in that form within 24 hours after the time any vehicle to which a trader's plate is attached leaves his premises; and (b) on demand at any reasonable time, produce the record for the preceding 6 months for inspection by the Registrar, an inspector or a member of the Police Force.

Division 1 Interpretation

44 Definition Minister means the minister administering the Motor Accidents (Compensation) Commission Act 2014.

45 Compensation contributions to be paid (1) The Registrar must not register or renew the registration of a motor vehicle or trailer unless the applicant has paid to the Registrar the relevant amount of compensation contributions declared in a notice made under section 47. (2) The Registrar shall not issue a trader's plate unless there has been paid to him the relevant amount of compensation contributions specified in a notice made in pursuance of section 47.

46 Moneys received (1) The Registrar must pay to the MAC Commission all amounts received under section 45 and as compensation contributions under section 137, less such amounts to cover administrative costs as are determined by the Minister, or as are calculated in accordance with a determination of the Minister. (2) Where the Minister makes a determination for the purposes of subsection (1), he shall cause a copy of that determination to be published in the Gazette.

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47 Declaration of compensation contributions (1) The Minister must, by Gazette notice, declare the amount of compensation contributions payable on and after the date stated in the notice for the following: (a) the grant or renewal of the registration of a motor vehicle or trailer; (b) the grant or renewal of a pastoral vehicle permit; (c) the grant of an exemption from registration of a visiting vehicle under section 8A; (d) the grant of a licence under section 137; (e) the issuing of a trader's plate. (2) The declared amount of the compensation contributions must be: (a) the amount previously declared under this section indexed in accordance with a method decided by the Minister; or (b) another amount decided by the Minister in accordance with a recommendation made on a review under section 47A.

47A Reviews (1) The Minister must ensure the amounts of compensation contributions are reviewed by a competent person at intervals of not more than 3 years. (2) In addition, the Minister may at any time require the review of: (a) the amounts of compensation contributions; or (b) another matter arising from the compensation scheme under the Motor Accidents (Compensation) Act 1979. (3) Without limiting subsection (2)(b), the requirement may relate to any of the following: (a) a benefit payable under the scheme; (b) the design of the scheme; (c) the contribution structure for the scheme, including, for example, the proportion of the contribution by the Territory, or any of the amounts of compensation contributions, to the overall contribution for the scheme.

Motor Vehicles Act 1949 60 competent person means a person who: (a) is not a public sector employee or employee of the MAC Commission; and (b) has the qualifications and experience to conduct the review.

Part 5A Use of public streets and public places by

50 Application (1) Subject to subsection (2), on and from 1 January 1987, Division 2 shall not apply to nonconforming vehicles other than nonconforming vehicles which are motor omnibuses. (2) On and from 1 January 1992, Division 2, other than section 52(h), shall not apply to nonconforming vehicles which are motor omnibuses.

51 Interpretation (1) In this Part, unless the contrary intention appears: bogie axle means a group of 2 or more axles fitted to a nonconforming vehicle and which are: (a) not more than 3 metres apart; (b) on a vehicle with 3 or more axles; and (c) not less than 3 metres from any other axle of the vehicle or a vehicle attached to the vehicle. nonconforming vehicle means a vehicle: (a) which was registered in the Territory on or before 1 January 1983 and which registration was in force on that date; (b) in respect of which the person who was the owner on 1 January 1983 has, on and from that date, remained the owner; and

Division 2 Length, width, height and mass of nonconforming vehicles Motor Vehicles Act 1949 61 (c) which is subject to compliance with the requirements of this Part that are applicable to it but which does not comply with the like requirements of the Standards that would, but for this definition, be applicable to it. (2) A reference in Division 2 to: (a) a vehicle; (b) a motor vehicle; (c) an articulated vehicle; (d) a prime mover; or (e) a trailer, shall be read as a reference to: (f) a vehicle; (g) a motor vehicle; (h) an articulated vehicle; (j) a prime mover; or (k) a trailer, respectively, which is a nonconforming vehicle. Division 2 Length, width, height and mass of nonconforming

52 Maximum length, &c., of vehicles A person shall not drive, or cause or permit to be driven: (a) a motor vehicle, without a trailer, (other than an articulated vehicle) the length of which exceeds 12.2 metres; (b) an articulated vehicle, the length of which exceeds 16.5 metres; (c) an articulated vehicle, the length of a component portion of which exceeds 12.2 metres; (d) a trailer, the length of which: (i) where it is self-tracking, exceeds 16.8 metres;

Division 2 Length, width, height and mass of nonconforming vehicles Motor Vehicles Act 1949 62 (ii) where it is not self-tracking, exceeds 12.2 metres; (iii) where it is one of 2 or 3 trailers attached to the same motor vehicle, exceeds 13.8 metres; or (iv) where it is hauled behind an articulated vehicle, exceeds 12.2 metres; (e) a motor vehicle to which one trailer is attached where the total length of the motor vehicle and trailer exceeds 30.5 metres; (f) a motor vehicle to which 2 or 3 trailers are attached where the total length of the motor vehicle and trailers exceeds 4 metres; (g) a vehicle where its width exceeds 2.5 metres; or (h) a vehicle where the distance from the surface of the road to the highest part of the vehicle or the load on that vehicle exceeds 4.4 metres.

53 Vehicle with pneumatic tyres (1) Subject to section 57, a person shall not drive, or cause or permit to be driven, a vehicle to all of the wheels of which pneumatic tyres are fitted: (a) if the load on an axle of the vehicle exceeds 9 tonnes; (b) if the load on a wheel of the vehicle exceeds 4.5 tonnes; (c) if the load on a tyre of the vehicle exceeds 2.7 tonnes; (d) if the load on a bogie axle of the vehicle exceeds 16 tonnes; or (e) if the aggregate of the load on each of any 2 axles, and of each intervening axle, if any, of the vehicle or the vehicle combination exceeds: (i) where the distance between the centres of those first- mentioned axles is not less than one metre but does not exceed 3 metres – 16 tonnes; (ii) where the distance between the centres of those first- mentioned axles exceeds 3 metres but does not exceed 3.5 metres – 19.4 tonnes; (iii) where the distance between the centres of those first- mentioned axles exceeds 3.5 metres but does not exceed 4 metres – 21 tonnes;

Motor Vehicles Act 1949 63 (iv) where the distance between the centres of those first- mentioned axles exceeds 4 metres but does not exceed 4.5 metres – 22.3 tonnes; or (v) where the distance between the centres of those first- mentioned axles exceeds 4.5 metres – 22.3 tonnes plus 1.15 tonnes for each half metre or part of a half metre by which that distance exceeds 4.5 metres. Maximum penalty: 8 penalty units or imprisonment for 6 months. (2) In this section, vehicle combination means a combination of a motor vehicle or prime mover and a trailer or trailers attached to the motor vehicle or prime mover, as the case may be. (3) It shall be a defence to a prosecution for an offence against subsection (1) if the person charged with the offence proves to the satisfaction of the court hearing the charge that he made or caused to be made reasonable efforts to comply with the requirements of that subsection and that the respective load limits specified in that subsection have not been exceeded by more than 10% of such limits. Division 3 Use of trailers

54 Maximum number of trailers to be drawn by rigid motor vehicle A person shall not drive, or cause or permit to be driven, a rigid motor vehicle to which there are attached more than 3 trailers.

55 Maximum number of trailers to be drawn by articulated vehicle A person shall not drive, or cause or permit to be driven, an articulated vehicle to which there are attached more than 2 trailers.

56 Axle loads on axles not more than one metre apart and wheel loads on co-axial wheels (1) For the purposes of sections 53 and 57, axles the centres of which may be included between 2 parallel transverse vertical planes not more than one metre apart shall be deemed to be one axle.

Part 5B Alteration of maximum loads, granting of exemptions, and prohibition against certain vehicles Motor Vehicles Act 1949 64 (2) For the purposes of sections 53, 57 and 62(2), a group of co-axial wheels on one side of the centre line of a vehicle shall be deemed to be one wheel. Part 5B Alteration of maximum loads, granting of exemptions, and prohibition against certain

57 Alteration of maximum loads, &c. (1) The Minister may, by notice in the Gazette, specify maximum mass, maximum axle, wheel or tyre loads, maximum tyre pressures, maximum speeds or maximum numbers of trailers, in place of those fixed under Part 5A or the Standards for vehicles, classes of vehicles or vehicles having tyres of a particular kind, travelling on a public street or in a public place, specified in that notice, during periods specified in that notice. (2) A maximum mass, load, tyre pressure, speed or number of trailers specified in a notice under subsection (1) by the Minister shall be deemed to be substituted for that fixed by or under the appropriate provision of Part 5A or the Standards in respect of: (a) vehicles of the class; (b) vehicles having the kind of tyres; (c) vehicles travelling on the public street or in the public place; and (d) the period, specified in the notice.

58 Prohibition against certain vehicles travelling on specified public streets or in specified public places (1) The Registrar, in his discretion and subject to such conditions and for such period as he thinks fit, may, by notice in the Gazette, prohibit vehicles, classes of vehicles or vehicles having tyres of a particular kind, from travelling on a public street or in a public place specified in that notice. (2) A person shall not drive, or cause or permit to be driven, a vehicle the subject of a notice referred to in subsection (1) in contravention of the requirements of the notice.

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59 Exemption of vehicles (1) A person, on payment of the prescribed fee, may apply to the Registrar for an exemption under this section and the Registrar, on receipt of such an application, in his discretion and subject to such conditions and for such period as he thinks fit, may, by instrument in writing, exempt a particular vehicle or vehicles included in a particular class of vehicles from the operation of one or more of the provisions of Part 5A, the Standards or Schedule 4. (2) The Registrar may, by notice in the Gazette, exempt a class of vehicles from Part 5A, the Standards or Schedule 4 on such conditions as the Registrar thinks fit and specifies in the notice, including the condition that the exemption only applies to vehicles in relation to which an application in the approved form, accompanied by the prescribed fee, has been made by the vehicle's owner and accepted by the Registrar.

60 Proof of exemption defence in certain cases It shall be a defence to a prosecution for an offence against Part 5A, the Standards or Schedule 4 to show that the vehicle in respect of which the offence is alleged to have been committed was, at the time of the alleged offence, exempted from the operation of Part 5A, the Standards or Schedule 4, as the case may be, and was being used in pursuance of, and in accordance with, the conditions of an exemption granted under section 59 by the Registrar in respect of that vehicle.

60A Determination of GVM (1) Subject to subsection (2), the GVM or gross vehicle mass of a vehicle is: (a) the GVM stated on the RAV for the vehicle; or (b) if the GVM is not stated on the RAV – the GVM stated by the vehicle's manufacturer on the identification device attached to the vehicle; or (c) if the GVM is not stated as specified in paragraph (a) or (b), or the vehicle's manufacturer has amended the GVM – the GVM certified by the vehicle's manufacturer.

Motor Vehicles Act 1949 66 (2) If a circumstance specified in subsection (3) applies in relation to a vehicle, the GVM or gross vehicle mass of the vehicle is: (a) for a vehicle that is registered in a State, another Territory or another country or an unregistered vehicle that was previously registered – the GVM accepted by the vehicle registration authority in the registering jurisdiction; or (b) for any other vehicle or for a vehicle mentioned in paragraph (a) in relation to which the Registrar cannot reasonably ascertain the accepted GVM – the GVM recorded by the Registrar. (3) For subsection (2), the following circumstances are specified: (a) the GVM of the vehicle is not stated or certified as specified in subsection (1)(a), (b) or (c); (b) the GVM of the vehicle determined under subsection (1)(a), (b) or (c) is no longer appropriate for the vehicle because the vehicle has been modified in accordance with the laws of the registering jurisdiction. registering jurisdiction, for a vehicle, means: (a) the jurisdiction in which the vehicle is registered; or (b) for an unregistered vehicle that was previously registered – the jurisdiction in which the vehicle was last registered.

60B Determination of GCM (1) Subject to subsection (2), the GCM or gross combination mass of a motor vehicle is: (a) the GCM stated on the RAV for the motor vehicle; or (b) if the GCM is not stated on the RAV – the GCM stated by the motor vehicle's manufacturer on the identification device attached to the motor vehicle; or (c) if the GCM is not stated as specified in paragraph (a) or (b), or the motor vehicle's manufacturer has amended the GCM – the GCM certified by the motor vehicle's manufacturer.

Motor Vehicles Act 1949 67 (2) If a circumstance specified in subsection (3) applies in relation to a motor vehicle, the GCM or gross combination mass of the motor vehicle is: (a) for a motor vehicle that is registered in a State, another Territory or another country or an unregistered motor vehicle that was previously registered – the GCM accepted by the vehicle registration authority in the registering jurisdiction; or (b) for any other motor vehicle or for a motor vehicle mentioned in paragraph (a) in relation to which the Registrar cannot reasonably ascertain the accepted GCM – the GCM recorded by the Registrar. (3) For subsection (2), the following circumstances are specified: (a) the GCM of the motor vehicle is not stated or certified as specified in subsection (1)(a), (b) or (c); (b) the GCM of the motor vehicle determined under subsection (1)(a), (b) or (c) is no longer appropriate for the motor vehicle because the motor vehicle has been modified in accordance with the laws of the registering jurisdiction. registering jurisdiction, for a motor vehicle, means: (a) the jurisdiction in which the motor vehicle is registered; or (b) for an unregistered motor vehicle that was previously registered – the jurisdiction in which the motor vehicle was last registered.

61 Determination of mass of vehicle Subject to section 62, for the purposes of Part 5A and the Standards: (a) the mass supported on a part of a vehicle; (b) the tare mass of a vehicle; or (c) the laden mass of a vehicle,

Motor Vehicles Act 1949 68 shall be deemed to be that mass determined by weighing the vehicle, or part of the vehicle, as the case may be: (d) on a weighbridge that has been verified under section 18GG of the National Measurement Act 1960 (Cth); or (e) by the use of a weighing device which has been tested, found accurate and sealed in accordance with section 63.

62 Determination of laden mass of vehicle, wheel load and load on tyre (1) The laden mass of a vehicle shall be deemed to be: (a) where all the wheels of the vehicle are weighed simultaneously on a weighing machine or weighing machines, the mass shown by the weighing machine or the total of the masses shown by the weighing machines, as the case may be; or (b) in any other case, the aggregate of the axle loads on the axles or group of axles of the vehicle. (2) The wheel load on a wheel of a vehicle shall be deemed to be the load on the axle to which the wheel is attached, divided by the number of wheels attached to the axle. (3) The load on a tyre of a vehicle shall be deemed to be the axle load on the axle to which the wheel with the tyre is attached, divided by the number of tyres on the wheels attached to that axle.

63 Testing weighing machines (1) For the purposes of section 61, an officer shall not use a weighing machine other than a weighing machine which has been tested, found accurate and sealed, and in respect of which a certificate has been issued and kept, in accordance with the requirements of this section. (2) The requirements of this section with respect to testing, finding accurate and sealing a weighing machine, and issuing and keeping a certificate in respect of the weighing machine, shall be as follows: (a) in respect of a weighing machine that is a weighbridge – the weighbridge must be tested by a servicing licensee or trade measurement inspector under the National Measurement Act 1960 (Cth);

Motor Vehicles Act 1949 69 (b) in respect of a weighing machine which is a weighing device – the weighing device shall be tested by an officer appointed for that purpose by the Registrar; (c) the weighing machine shall be tested at intervals of not more than 12 months; (d) if the weighing machine has been tested and found accurate, it shall be sealed with a seal which prevents the mechanism of that weighing machine from being tampered or interfered with while the seal is unbroken; and (e) a certificate shall be issued in respect of each test carried out on the weighing machine and, in respect of each such test, the certificate shall include particulars of: (i) the identifying number of that weighing machine; (ii) the date on which the test was made; (iii) the result of the test; and (iv) the signature of the person conducting the test. (3) A copy of a certificate referred to in subsection (2)(e) shall be admissible as evidence as a record of the particulars referred to in that subsection without proof of the signature of the person by whom it purports to have been signed or of the fact that that person: (a) where the certificate relates to a weighing machine that is a weighbridge – is a servicing licensee or trade measurement inspector under the National Measurement Act 1960 (Cth); or (b) where the certificate relates to a weighing machine which is a weighing device – is a person appointed under subsection (2)(b).

64 Powers of officers for purposes of Part 5A and Standards For the purposes of Part 5A and the Standards, an officer may require the driver of a vehicle: (a) to stop the vehicle; (b) to give information concerning the mass of the vehicle and the load, if any, on that vehicle;

Motor Vehicles Act 1949 70 (c) to state his name and place of abode; (d) to drive or cause that vehicle to be driven to, and weighed at, a weighbridge or weighing station situated: (i) within 30 kilometres of the place where the officer makes that requirement; or (ii) within 30 kilometres of any place on the forward journey planned for that vehicle; (e) to permit the officer to measure and examine the vehicle, its wheels, tyres and load; (f) to permit the officer to weigh: (i) the load on a tyre; (ii) the wheel load on a wheel; (iii) the axle load on an axle; and (iv) the laden mass, of the vehicle; (g) to produce to the officer such books, records, licences, exemptions under section 59 and other documents, relating to the registration or operation of the vehicle or the licensing of the driver, as are in that driver's possession or within his control, and to permit that officer to record any particulars set out in such books, records, licences, exemptions under section 59, and other documents; or (h) whom the officer, after the vehicle and its load have been weighed in pursuance of paragraph (d) or (f), considers to have committed an offence against Part 5A or the Standards, to take measures to prevent the further commission of that offence and, after taking such measures, to have that vehicle and its load weighed at a weighbridge or weighing station nominated by that officer and within the period specified by that officer at the time of making that requirement.

65 Person to comply with requirements, &c., of officers (1) A person shall not fail or neglect to comply with a requirement made under section 64(a), (d), (e), (f) or (h) by an officer. Maximum penalty: 8 penalty units or imprisonment for 2 years.

Motor Vehicles Act 1949 71 (2) A person shall not: (a) fail or neglect to comply with a requirement made under section 64(b), (c) or (g) by an officer; (b) when lawfully required to state his name and place of abode by an officer, state a false name or place of abode to the officer; (c) when lawfully required by an officer to give information, give false or misleading information to the officer; (d) use obscene language to an officer; (e) assault, resist or obstruct an officer in the exercise of his powers under this Act; or (f) impersonate an officer.

66 Evidence (1) In a prosecution for an offence against Part 5A or the Standards, an averment in the information or the complaint: (a) that a specified mass was, at the time the mass was determined: (i) the load on a tyre of a vehicle; (ii) the wheel load on a wheel of a vehicle; (iii) the axle load on an axle of a vehicle; or (iv) the laden mass of a vehicle; (b) that the mass was determined as specified in Part 5C; and (c) if a weighing machine was used to determine a mass, that the weighing machine had, not more than 12 months before the date when the mass was determined, been tested, found accurate and sealed in accordance with section 63, shall be evidence of the matter averred.

Motor Vehicles Act 1949 72 (2) In a prosecution for an offence against Part 5A or the Standards, an averment in the information or the complaint that a specified measurement was, at the time the measurement was determined: (a) the height of a vehicle; (b) the width of a vehicle; or (c) the length of a vehicle, shall be evidence of the matter averred. (3) In a prosecution for an offence against Part 5A or the Standards, an averment in the information or the complaint that a tyre was a pneumatic tyre shall be evidence of the matter averred.

67 Liability of owner, operator and actual offender (1) Subject to subsection (2), where a vehicle is driven in contravention of Part 5A or the Standards, the owner, the operator and the driver of the vehicle at the time it was so driven shall each be guilty of the offence in respect of that contravention and liable on being found guilty to the penalty provided for the offence. (2) It is a defence to a prosecution against the owner of a vehicle for an offence referred to in subsection (1) if the owner of the vehicle satisfies the court that the vehicle was being driven or operated at the time of the alleged offence without his or her express or implied authority. (3) It is a defence to a prosecution against the operator of a vehicle for an offence referred to subsection (1) if the operator of the vehicle satisfies the court that the vehicle was being driven at the time of the alleged offence without his or her express or implied authority.

92 Application for registration and licences (1) An application for the registration of a motor vehicle, or the renewal or transfer of the registration of a motor vehicle, or for a permit under section 107B, or for a licence or the renewal of a licence, shall be lodged with the Registrar, and shall set out the full name and address of the applicant and any other particulars required by the Registrar including, in relation to any motor vehicle referred to in the application, the type, make, engine number, vehicle identification number, description of the body, and, in relation to a vehicle to which the Road Transport Charges Laws apply, each configuration in which the vehicle is to be used during the

Motor Vehicles Act 1949 73 registration period. (2) Upon receipt of the application, the Registrar may: (aa) require the applicant to provide further information to support the application; (a) by notice to the applicant, require him to attend at his office on the date specified in the notice; or (b) require the applicant to furnish to him a statutory declaration setting forth: (i) the full name and address of the owner of the motor vehicle and of the person from whom the motor vehicle was purchased or acquired; and (ii) particulars of the type, make, and date of purchase or acquisition of the vehicle and such other particulars as the Registrar requires. (3) The Registrar may require an applicant for a licence or the renewal of a licence under section 10, to furnish a statutory declaration in relation to the particulars set out in his application under

92A Nomination of operator of vehicle The owner of a vehicle may nominate a person to be the operator of the vehicle: (a) when applying for the registration or the renewal or transfer of the registration of the vehicle – by setting out in the application the full name and address of the operator and any other particulars required by the Registrar; or (b) at any time during a period of registration of the vehicle – by completing the approved form and lodging it with the

93 Registration and issue of permits in case of joint owners and companies Registration of a motor vehicle, a transfer of the registration of a motor vehicle, an amendment to the registration of a motor vehicle under section 107A or the issue of a permit in relation to a motor vehicle under section 107B, on behalf of a co-partnership or company may be applied for by, or granted to any partner of the co-partnership, or the secretary or manager of the company, as the case may be.

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95 Change of address (1) A person to whom a certificate of registration, a licence or a permit has been granted must give notice of any change of the person's address to the Registrar. (2) Notice under subsection (1) must be given within 14 days of the change.

96 Lost certificate, licence or permit (1) Whenever a certificate of registration, a licence or a permit has been lost or destroyed, the owner, the licensee or the holder of the permit shall forward to the Registrar a statutory declaration of the loss or destruction. (2) The Registrar shall, if he has no reason to believe that improper use has been or is being made of the certificate, licence or permit, and upon payment by the owner, licensee or holder of the permit, of the prescribed fee, issue to him a certified copy of such certificate, licence or permit which shall be of the same force and effect as the original certificate, licence or permit.

97 Production of certificate, licence or permit Despite any other provision of this Act, a person who has been granted a certificate of registration, licence or permit must, on demand by the Registrar: (a) within 7 days – produce the certificate, licence or permit at the office of the Registrar for inspection or endorsement; and (b) provide the Registrar with the particulars in relation to the certificate, licence or permit that the Registrar requires.

98 Return of certificate, licence or permit upon cancellation (1) A person to whom a certificate of registration or a licence has been granted shall, forthwith upon receipt of a notification of the suspension or cancellation of the registration or licence: (a) return to the Registrar: (i) the certificate of registration or the licence, as the case may be; and (ii) every number plate issued by the Registrar in connection with the registration or licence, but not including any number plate which has already been returned to the Registrar; or

Motor Vehicles Act 1949 75 (b) furnish to the Registrar a satisfactory reason for his failure to do so. (2) A person to whom a permit has been issued under section 107B shall, upon cancellation or suspension of the permit, return it to the Registrar, or furnish to the Registrar a satisfactory reason for his failure to do so. (3) A court finding a person guilty for an offence against subsection (1) may make an order directing: (a) that the person return to the Registrar within the period specified for that purpose in the order, any number plate in respect of which the offence is proved; and (b) that, in case of the person's neglect or refusal to do so, he shall be imprisoned for such time not exceeding 6 months as is specified for that purpose in the order.

100 Defaced certificate, licence or permit (1) A person shall not: (a) deface his certificate of registration, licence or permit; or (b) lend or part with any such certificate, licence or permit. (2) Any such certificate, licence or permit which becomes defaced shall be void. (3) The holder of a certificate, licence or permit which is void by reason only of defacement may obtain a new certificate, licence or permit on returning to the Registrar the defaced certificate, licence or permit and paying the prescribed fee.

101 Identification requirements for motor vehicles and trailers (1) Subject to subsection (3), the identification requirements for a motor vehicle are as follows: (a) for a motor vehicle that was manufactured on or before 1 January 1971 – the motor vehicle has a vehicle identification number; (b) for a motor vehicle that was manufactured during the period from 2 January 1971 to 1 August 1989, the motor vehicle:

Motor Vehicles Act 1949 76 (ii) has a compliance plate that was placed on the motor vehicle in accordance with an approval by the body known as the Australian Motor Vehicle Certification Board; (c) for a motor vehicle that was manufactured during the period from 2 August 1989 to the RVSA commencement date, the motor vehicle: (ii) has a plate or label that was placed on the motor vehicle in accordance with an approval given under the repealed Act before its repeal; (d) for a motor vehicle that was manufactured after the RVSA commencement date, either: (i) the motor vehicle: (A) has been entered on the RAV; and (B) has a vehicle identification number; and (C) has a plate or label identifying the motor vehicle that was placed on it in accordance with requirements under the Road Vehicle Standards Act 2018 (Cth); or (ii) the motor vehicle: (A) has a vehicle identification number; and (B) has a plate or label that was placed on the motor vehicle in accordance with an approval mentioned in the transitional Act provisions. (2) Subject to subsection (3), the identification requirements for a trailer are as follows: (a) for a trailer that was manufactured on or before 1 August 1989 – the trailer has a vehicle identification number; (b) for a trailer that was manufactured during the period from 2 August 1989 to the RVSA commencement date, the trailer:

Motor Vehicles Act 1949 77 (ii) has a plate or label that was placed on the trailer in accordance with an approval given under the repealed Act before its repeal; (c) for a trailer that was manufactured after the RVSA commencement date, either: (i) the trailer: (A) has been entered on the RAV; and (B) has a vehicle identification number; and (C) has a plate or label identifying the trailer that was placed on the trailer in accordance with requirements under the Road Vehicle Standards Act 2018 (Cth); or (ii) the trailer: (A) has a vehicle identification number; and (B) has a plate or label that was placed on the trailer in accordance with an approval mentioned in the transitional Act provisions. (3) The identification requirement for a special vehicle is that it has a vehicle identification number. repealed Act means the Motor Vehicle Standards Act 1989 (Cth) (repealed). RVSA commencement date means the day on which section 15 of the Road Vehicle Standards Act 2018 (Cth) commences. special vehicle means a vehicle that is not a road vehicle as defined in section 6 of the Road Vehicle Standards Act 2018 (Cth). transitional Act provisions means Schedule 3, Part 3, Division 1 of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cth). 101AA Allocation, marking and interference with vehicle identification numbers (1) The Registrar may allot a number to a motor vehicle or trailer if the motor vehicle or trailer does not have a vehicle identifier.

Motor Vehicles Act 1949 78 (2) The owner of the motor vehicle or trailer must permanently mark the number allotted by the Registrar under subsection (1) on the motor vehicle or trailer in accordance with any directions of the (3) Except in accordance with the Regulations or a written approval from the Registrar, a person must not: (a) remove a vehicle identification number or identification device from a motor vehicle or trailer; or (b) alter or interfere with a vehicle identification number on, or identification device attached to, a motor vehicle or trailer. (4) A person must not mark a vehicle identification number on a motor vehicle or trailer other than in accordance with: (a) a direction of the Registrar given under subsection (2); or (b) the vehicle marking requirements under the Road Vehicle Standards Act 2018 (Cth).

101A Holders of interstate licences (1) The Registrar shall not grant a licence under section 10 to a person if the person holds a licence (or equivalent) to drive a motor vehicle granted under a law of a State or another Territory of the Commonwealth unless the person delivers to the Registrar: (a) the licence (or equivalent) granted under that other law; and (b) a written request for the cancellation of that licence (or equivalent) addressed to the person who or body which granted it. (2) Where a person who holds a licence granted under section 10 is granted a licence (or equivalent) to drive a motor vehicle under a law of a State or another Territory of the Commonwealth: (a) the person's licence granted under section 10 shall, by force of this section, be cancelled on and from the date the licence (or equivalent) is granted under that other law; and (b) the person shall: (i) immediately notify the Registrar of the grant of the other licence (or equivalent); and (ii) surrender the licence granted under section 10 to the

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101B Revocation or suspension of entitlement to drive of holder of interstate licence, &c. The Registrar may, by a notice in writing, revoke, or suspend for the period that the Registrar thinks fit, the entitlement to drive a motor vehicle of a person who holds: (a) a licence or permit to drive a motor vehicle granted under a law of another country, a State or another Territory of the Commonwealth; or (b) a current international driving permit, if, in the opinion of the Registrar, having regard to: (c) the mental or physical condition, disorder or disability of the person; or (d) the person's previous conduct, the public will be, or is likely to be, placed at risk by the person continuing to drive a motor vehicle.