Div 7Trade plates

Division 7—Trade plates 36—Purposes for which trade plates may be issued and used (1) For the purposes of sections 62(1) and 66 of the Act, the following purposes are prescribed: (a) delivery of a motor vehicle from premises of the manufacturer or distributor of the vehicle to business premises of a motor vehicle dealer or auctioneer; (b) delivery of a motor vehicle from premises of the manufacturer of the vehicle to a place for storage or to business premises of the distributor of the vehicle; (c) relocation of a motor vehicle— (i) between different business premises of a motor vehicle dealer or auctioneer; or (ii) between business premises of different motor vehicle dealers or auctioneers; (d) demonstration to a prospective purchaser of a motor vehicle of the on‑road performance of the vehicle— (i) being a demonstration in respect of which the vendor of the vehicle does not receive any monetary consideration; and (ii) in the case of a commercial motor vehicle that is to carry a load during a demonstration, provided that— (A) the demonstration consists of not more than 2 separate journeys by the same prospective purchaser and each journey is completed within 3 days; and (B) during the demonstration the vehicle is used only within the State; (e) demonstration to a prospective purchaser of a bus of the on‑road performance of the bus, being a demonstration— (i) in respect of which the vendor of the bus does not receive any monetary consideration; and (ii) during which no passengers other than the prospective purchaser and any person advising the prospective purchaser in relation to the purchase of the bus are carried in the bus; (f) on‑road testing of a motor vehicle prior to delivery of the vehicle to a purchaser of the vehicle; (g) delivery of a motor vehicle sold by a motor vehicle dealer or auctioneer to a place nominated by the purchaser of the vehicle (whether within or outside the State); (h) in the case of a motor vehicle that— (i) is sold by a motor vehicle dealer who is not authorised by a delegation under section 7 of the Act to register vehicles sold by the dealer; and (ii) is delivered to the purchaser on a day on which, or at a time of day at which, the office of the Registrar is closed for business, to enable the vehicle to be driven by the purchaser or a person authorised by the purchaser without registration for any purpose until the time at which the office of the Registrar closes for business on the next day on which it is open for business; (i) delivery of a motor vehicle to a workshop or other place for repair or servicing of the vehicle or the making of alterations or additions to the vehicle; (j) return of a motor vehicle from a workshop or other place at which the vehicle has been repaired or serviced or at which alterations or additions have been made to the vehicle; (k) delivery of a motor vehicle to a place for wrecking or disassembling; (l) on‑road testing of a motor vehicle in the course of repairs or servicing or the making of alterations or additions to the vehicle; (m) in the case of a motor vehicle on loan by a motor vehicle repairer to the owner of a motor vehicle under repair—to enable the loan vehicle to be driven for any purpose by the owner of the vehicle under repair provided that— (i) the repairer does not receive any separate monetary consideration in respect of the provision of the loan vehicle; and (ii) if the loan vehicle is a commercial motor vehicle—the loan vehicle is not used to carry a load during the loan period except within the State; and (iii) if the loan vehicle is not a special purpose vehicle— (A) the repairer is licensed as a dealer under the Second-hand Vehicle Dealers Act 1995; and (B) the loan vehicle is a second‑hand vehicle that is being offered or exposed for sale by the repairer; and (C) a notice that complies with section 16 of the Second-hand Vehicle Dealers Act 1995 is attached to the loan vehicle; (n) delivery of a motor vehicle to the site of a motor show or other similar event at which the vehicle is to be on display; (o) return of a motor vehicle from the site of a motor show or other similar event at which the vehicle has been on display; (p) demonstration of the on‑road performance of a motor vehicle while the vehicle is on display at a motor show or other similar event; (q) delivery of a motor vehicle to a place for inspection or examination under the Act, the Road Traffic Act 1961 or any other Act or law; (r) return of a motor vehicle from a place to which the vehicle has been taken for inspection or examination under the Act, the Road Traffic Act 1961 or any other Act or law. (2) For the purposes of sections 62(1) and 66 of the Act, the following purposes are prescribed in relation to a commercial motor vehicle or trailer: (a) delivery to the site of a prescribed event of— (i) an agricultural implement, agricultural machine or any other motor vehicle that is to be on display at that site during the prescribed event; and (ii) any equipment to be used for the purposes of, or in conjunction with, the display of the agricultural implement, agricultural machine or other motor vehicle during the prescribed event; and (iii) any equipment, accessories or consumables for or associated with the agricultural implement, agricultural machine or other motor vehicle; (b) return from the site of a prescribed event of— (i) an agricultural implement, agricultural machine or any other motor vehicle that has been on display at that site during the prescribed event; and (ii) any equipment used for the purposes of, or in conjunction with, the display of the agricultural implement, agricultural machine or other motor vehicle during the prescribed event; and (iii) any equipment, accessories or consumables for or associated with the agricultural implement, agricultural machine or other motor vehicle. (3) For the purposes of sections 62(1) and 66 of the Act, the following purposes are prescribed in relation to a trailer designed to carry a boat: (a) delivery of a boat from the premises of the manufacturer of the boat to a place for storage or to business premises of a dealer or distributor of boats; (b) delivery of a boat from business premises of a distributor of boats to business premises of a dealer of boats; (c) delivery of a boat to or from waters for demonstration to a prospective purchaser of the boat of the performance of the boat on waters; (d) delivery of a boat sold by a dealer of boats to a place nominated by the purchaser of the boat (whether within or outside the State); (e) delivery of a boat to a workshop, boat yard or other place for repair or servicing of the boat or the making of alterations or additions to the boat; (f) return of a boat from a workshop, boat yard or other place at which the boat has been repaired or serviced or at which alterations or additions have been made to the boat; (g) delivery of a boat to the site of a prescribed event at which the boat is to be on display; (h) return of a boat from the site of a prescribed event at which the boat has been on display. 37—Trade plate label and certificate of issue of trade plate (1) At the time of issuing a trade plate, the Registrar must issue to the holder of the trade plate or their agent— (a) a trade plate label; and (b) a certificate of issue of a trade plate. (2) A trade plate label will be in a form determined by the Registrar. (3) If the Registrar is satisfied by statutory declaration or such other evidence as the Registrar may require that the label or certificate issued in respect of a trade plate has been lost or destroyed, the Registrar may, on application by the holder of the trade plate or their agent and payment of the prescribed fee, issue a duplicate label or certificate. 38—Carriage of trade plate and trade plate label If a motor vehicle is to be driven on a road pursuant to section 66 of the Act— (a) a trade plate must be securely attached to the rear of the vehicle in such a position that the bottom edge of the plate is not less than 30 centimetres above the level of the ground; and (b) the label issued by the Registrar in respect of the trade plate must be displayed in a waterproof holder that has a transparent front and is affixed to the plate; and (c) every figure and letter on the plate and label must be— (i) legible from left to right on a plane level with the ground; and (ii) clean and legible at all times; and (d) every figure and letter on the plate must be clearly visible in daylight to a person standing on the same plane as the vehicle at any point not less than 3 metres or more than 18 metres from the plate, looking at the plate along an imaginary line approximately at right angles to the plate. 39—Offences (1) A person must not— (a) drive or leave standing on a road a motor vehicle to which a colourable imitation of a trade plate is attached; or (b) drive or leave standing on a road a motor vehicle to which is affixed a trade plate that displays a colourable imitation of a trade plate label; or (c) drive or leave standing on a road a motor vehicle to which is affixed a trade plate that displays a trade plate label issued in respect of another trade plate; or (d) without lawful excuse, have in their possession a trade plate label or an article resembling a trade plate label that is liable to be mistaken for a trade plate label. (2) A person must not sell or supply trade plates without the approval of the Minister. 40—Replacement of lost trade plate (1) If— (a) a person satisfies the Registrar that— (i) a trade plate has been lost; and (ii) the loss has been reported to a police officer; and (iii) the circumstances of the loss justify replacement of the plate; and (b) an application for replacement of the lost plate is made to the Registrar; and (c) the fee set out in Schedule 1 for the issue of a replacement trade plate is paid to the Registrar, the Registrar may issue a new trade plate to that person. (2) The Registrar may require an applicant for a replacement trade plate to furnish— (a) a statutory declaration stating the matters referred to in subregulation (1)(a); and (b) a written undertaking to— (i) return to the Registrar the lost trade plate if it comes into the applicant's possession; or (ii) inform the Registrar of and when the location of the lost trade plate becomes known to or suspected by the applicant.