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Motor Vehicles Act 1949
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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:
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(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
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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