Part 6Written-off vehicles

Part 6—Written-off vehicles 94—Interpretation (1) In this Part— bus means a motor vehicle, built mainly to carry people, that seats more than 9 adults (including the driver); category 1 vehicle means— (a) a bus with a GVM greater than 3.5 tonnes; or (b) a prime mover with a GVM greater than 4.5 tonnes; or (c) a trailer with a GVM greater than 4.5 tonnes; or (d) a truck with a GVM greater than 3.5 tonnes; category 1 vehicle technical guide means the document entitled Damage Assessment Criteria for the Classification of Heavy Vehicle Statutory Write‑Offs published by Austroads Ltd in December 2019, as in force from time to time; category 2 vehicle means any motor vehicle with a GVM not exceeding 4.5 tonnes that is not— (a) a category 1 vehicle; or (b) a trailer; category 2 vehicle technical guide means the document entitled Damage Assessment Criteria for the Classification of Light Vehicle Statutory Write‑Offs published by Austroads Ltd in December 2019, as in force from time to time; corresponding law means a law of another State or a Territory of the Commonwealth that corresponds to the provisions of this Part; hail damage to a motor vehicle means damage sustained to the vehicle by the direct impact of hail stones; interstate written‑off vehicle means a motor vehicle that, for the purposes of a corresponding law, is recorded in a register maintained by the vehicle registration authority of another State or a Territory of the Commonwealth as a written‑off vehicle, statutory write‑off, repairable write‑off or wrecked vehicle (as defined in that corresponding law); notifiable vehicle means— (a) a category 1 vehicle that is a written‑off vehicle; or (b) a category 2 vehicle that— (i) is less than 15 years of age; and (ii) is 1 of the following: (A) a motor vehicle (other than a motor bike or trailer) to which the Australian Design Rules apply; (B) a motor bike; (C) a caravan; and (iii) is a written‑off vehicle; (c) an interstate written‑off vehicle; or (d) if a motor vehicle referred to in a preceding paragraph is wrecked or wholly or partly disassembled—any part of the vehicle that bears a vehicle identification plate or vehicle identification number; repairable write‑off means— (a) a category 1 vehicle that has been substantially stripped (within the meaning of the category 1 vehicle technical guide) and returned to the insured person as part of a settlement of the insurance claim that resulted in the vehicle being determined to be a total loss; or (b) a motor vehicle that is written‑off but is not a statutory write-off; sell means sell whether by treaty or auction and whether on one's own behalf or on behalf of others; statutory write‑off means— (a) a category 1 vehicle that meets the assessment criteria as a statutory write‑off specified in the category 1 vehicle technical guide; or (b) a category 2 vehicle to which the Australian Design Rules apply (other than a motor bike, caravan or trailer) that meets the assessment criteria as a statutory write‑off specified in the category 2 vehicle technical guide; or (c) a motor bike or caravan that— (i) has been burned to such an extent that it is fit only for wrecking or scrap; or (ii) has been stripped of all, or a combination of most, interior and exterior body parts, panels and components (such as, for example, the engine and gearbox (if applicable), wheels, guards, body and chassis components or assemblies); or (d) a motor bike that— (i) has been fully immersed in salt water for any period; or (ii) has been fully immersed in fresh water for more than 48 hours; or (iii) has impact damage (excluding scratching) to the suspension and at least 2 areas of structural frame damage; total loss means a motor vehicle damaged by accident, collision, demolition, dismantling, fire, flood, trespass or other event to the extent that its fair salvage value, when added to the cost of repairing it for use on a road or road related area, would be more than its fair market value immediately before the event that caused the damage; truck means a rigid motor vehicle that is built mainly as a load carrying vehicle; vehicle dealer means a person who carries on the business of selling motor vehicles; vehicle registration authority in relation to another State or a Territory of the Commonwealth, means the person or body responsible for registering motor vehicles in that State or Territory; vehicle wrecker means a person who carries on the business of wrecking motor vehicles or disassembling motor vehicles for salvage; written‑off—see subregulation (2); written‑off vehicle means a motor vehicle that is a repairable write‑off or a statutory write‑off; written‑off vehicle notices means notices (including labels) issued by the Registrar for the purpose of being affixed to written‑off vehicles or vehicle parts in accordance with regulation 97. (2) For the purposes of this Part— (a) hail damage to a motor vehicle is of a cosmetic nature if there is no evidence of— (i) structural damage to the vehicle; or (ii) water damage to the interior of the vehicle; (b) a motor vehicle is written‑off if the vehicle— (i) is a total loss; or (ii) is to be, or has been, wrecked or wholly or partly disassembled for salvage; or (iii) is to be, or has been, sold or acquired for wrecking or disassembling for salvage. (3) For the purposes of this Part, the age of a motor vehicle is to be determined from the date of its manufacture. 95—Meaning of written‑off motor vehicle for purposes of section 145(8) of Act For the purposes of section 145(8) of the Act, the following classes of motor vehicles are written‑off vehicles: (a) written‑off vehicles within the meaning of this Part; (b) interstate written‑off vehicles within the meaning of this Part. 96—Application of Part This Part applies to a motor vehicle if the vehicle would be required to be registered under the Act in order to be driven on a road, whether or not the vehicle is in fact registered. 97—Registrar to be given notice of, and notices to be affixed to, written‑off vehicles (1) Subject to this regulation— (a) an insurer who makes a determination that a motor vehicle is a total loss for insurance purposes must, if the vehicle is a notifiable vehicle— (i) as soon as practicable after making the determination, but before selling or otherwise disposing of the vehicle, affix written‑off vehicle notices to the vehicle in accordance with this regulation; and (ii) within 7 days after making the determination, give notice in relation to the vehicle to the Registrar in accordance with this regulation; (b) a person who brings a notifiable vehicle into the State from another State or a Territory of the Commonwealth must— (i) as soon as practicable after bringing the vehicle into the State, but before selling or otherwise disposing of the vehicle, affix written‑off vehicle notices to the vehicle in accordance with this regulation; and (ii) within 7 days after bringing the vehicle into the State, give notice in relation to the vehicle to the Registrar in accordance with this regulation; (c) a vehicle dealer who comes into possession of a notifiable vehicle must— (i) as soon as practicable after coming into possession of the vehicle, but before selling or otherwise disposing of the vehicle, affix written‑off vehicle notices to the vehicle in accordance with this regulation; and (ii) within 7 days after coming into possession of the vehicle, give notice in relation to the vehicle to the Registrar in accordance with this regulation; (d) a vehicle wrecker who acquires a notifiable vehicle must— (i) as soon as practicable after acquiring the vehicle, but before commencing to dismantle the vehicle, or selling or otherwise disposing of the vehicle, affix written‑off vehicle notices to the vehicle in accordance with this regulation; and (ii) within 7 days after acquiring the vehicle, give notice in relation to the vehicle to the Registrar in accordance with this regulation; (e) a person (other than a person referred to in a preceding paragraph of this subregulation) who is in possession of a notifiable vehicle must, before selling or otherwise disposing of the vehicle— (i) affix written‑off vehicle notices to the vehicle in accordance with this regulation; and (ii) give notice in relation to the vehicle to the Registrar in accordance with this regulation. (2) A person is not required to affix written‑off vehicle notices to a notifiable vehicle under subregulation (1) if— (a) such notices are already affixed to the vehicle in accordance with this regulation and (except where the person is a person referred to in subregulation (1)(d) or (e)) any identification of the vehicle as a statutory write‑off or repairable write‑off by the notices is correct; or (b) in the case of an interstate written‑off vehicle, the notices required to be affixed under the corresponding law of the relevant State or Territory are so affixed; or (c) the vehicle is a notifiable vehicle only because it has hail damage of a cosmetic nature. (3) A person is not required to give notice in relation to a notifiable vehicle to the Registrar under subregulation (1) if— (a) notice has already been given in relation to the vehicle to the Registrar in accordance with this regulation and (except where the person is a person referred to in subregulation (1)(d) or (e)) the previous notification correctly identifies whether the vehicle is a statutory write‑off or a repairable write‑off; or (b) the vehicle is an interstate written‑off vehicle. (4) Written‑off vehicle notices must be affixed to a notifiable vehicle in the manner determined by the Minister and specified on the notices or on accompanying material. (5) A notice required to be given to the Registrar in accordance with this regulation— (a) must be given in the manner and form determined by the Minister; and (b) must— (i) (except in the case of a notice given by a person referred to in subregulation (1)(e)) specify whether the notifiable vehicle is a statutory write‑off or a repairable write‑off; and (ii) contain particulars of such other matters as may be determined by the Minister. (6) Written‑off vehicle notices affixed to a notifiable vehicle in accordance with this regulation (or, in the case of an interstate written‑off vehicle, notices affixed in accordance with the relevant corresponding law) must not be defaced, altered or removed from the vehicle except— (a) at a time or in a manner determined by the Minister and (except in the case of notices affixed in accordance with a corresponding law) specified in the notice; or (b) by or with the approval of an authorised officer. (7) A person who contravenes or fails to comply with a requirement of this regulation is guilty of an offence. Maximum penalty: (a) in the case of an offence committed in the course of a trade or business—$2 500; (b) in any other case—$1 250. (8) Without limiting the circumstances in which an insurer referred to in subregulation (1)(a) may be taken to have determined that a motor vehicle is a total loss, an insurer will for the purposes of that subregulation be taken to have made such a determination if the insurer— (a) allows a claim for the full insured value of the vehicle; or (b) sells or otherwise disposes of the vehicle to a third party. (9) A reference in this regulation to commencing to dismantle, selling or otherwise disposing of, affixing written‑off vehicle notices to or removing written‑off vehicle notices from, a vehicle, includes a reference to dismantling, selling or otherwise disposing of, affixing notices to or removing notices from, a part of the vehicle. 98—Offence to drive written‑off vehicle on road (1) A person must not drive a notified written‑off vehicle on a road except to or from— (a) a place at which the vehicle is to be or has been repaired; or (b) a place at which the vehicle is to be or has been inspected by an authorised officer. Maximum penalty: (a) in the case of an offence committed in the course of a trade or business—$2 500; (b) in any other case—$1 250. (2) Subregulation (1) does not apply in relation to a motor vehicle that is a notified written‑off vehicle only because the vehicle has sustained hail damage of a cosmetic nature. notified written‑off vehicle means— (a) a motor vehicle recorded as a written‑off vehicle by the Registrar following notification under this Part; or (b) an interstate written‑off vehicle.