16BDefinitions

16B Definitions (1) In this Division— *ATM* inserted by No. 50/2012 s. 3(c). ***ATM*** means aggregate trailer mass; S. 16B(1) def. of *correspond-ing category* inserted by No. 94/2003 s. 4(1)(a). ***corresponding category*** means a specified category of written-off vehicle on an interstate written-off vehicles register that the Governor in Council by Order published in the Government Gazette declares to be a category that corresponds to a specified category of written-off vehicle under this Division; S. 16B(1) def. of *domestic partner* inserted by No. 94/2003 s. 4(1)(a), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 53.1), repealed by No. 68/2017 s. 73(1). *GTMR* inserted by No. 50/2012 s. 3(c). ***GTMR*** means gross trailer mass rating; ***insurer*** means a person who carries on the business of insuring motor vehicles and includes any other person, or class of person, declared to be an insurer by the regulations; ***interstate written-off vehicles register*** means a register kept under a law of another State or of a Territory that corresponds to the register required by section 16D; ***late model vehicle*** means a motor vehicle that is not more than 15 years old (age being determined by the date of manufacture); *light motor vehicle* inserted by No. 50/2012 s. 3(c). ***light motor vehicle*** means a motor vehicle with an MRC not exceeding 4·5 tonnes but does not include a motor cycle; ***motor wrecker*** means a person who carries on the business of— (a) demolishing or dismantling motor vehicles or parts of, or accessories for, motor vehicles; or (b) buying motor vehicles and substantially demolished or dismantled motor vehicles and selling substantially demolished or dismantled motor vehicles (whether or not the person also sells parts of, or accessories for, motor vehicles); *MRC* inserted by No. 50/2012 s. 3(c). ***MRC*** (mass rating for charging) in relation to a light motor vehicle, means— (a) the maximum mass of the vehicle, including any load, recorded on the compliance plate as the GVM, GTMR or ATM of the vehicle; or (b) if the vehicle has no compliance plate—its operating mass; S. 16B(1) def. of *repairable write-off* substituted by Nos 94/2003 s. 4(1)(b), 50/2012 s. 3(a). ***repairable write-off*** means a motor vehicle that— (a) is written off but is not a statutory write-off; or (b) is written off and is entered on an interstate written-off vehicles register in a corresponding category to repairable write-off under this Division; ***self-insurer*** means a corporation or partnership that owns 5 or more late model vehicles— (a) that are registered under Division 2 for use on a highway or registered for use on a highway by a registration authority in another State or a Territory; and (b) in respect of which there is no insurance policy with an insurer covering loss or damage of each vehicle; S. 16B(1) def. of *statutory write-off* amended by No. 94/2003 s. 4(1)(c)(i)(ii), substituted by No. 50/2012 s. 3(b). ***statutory write-off*** means a motor vehicle to which section 16BA applies; *vehicle identifier* repealed by No. 81/2006 s. 41. ***written-off vehicle*** means— (a) a statutory write-off; or (b) a repairable write-off. S. 16B(2) inserted by No. 94/2003 s. 4(2). (2) The Governor in Council may, by Order published in the Government Gazette, declare that a specified category of written-off vehicle on an interstate written-off vehicles register corresponds to a specified category of written-off vehicle under this Division. S. 16B(3) inserted by No. 94/2003 s. 4(2), amended by No. 37/2014 s. 10(Sch. item 147.5). (3) The Chief Commissioner of Police may authorise in writing for the purposes of section 16D(4) a specified police officer or police officers. S. 16B(4) inserted by No. 94/2003 s. 4(2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 53.2), repealed by No. 68/2017 s. 73(2). S. 16BA inserted by No. 50/2012 s. 4. 16BA Statutory write-offs (1) A light motor vehicle is a statutory write-off if the light motor vehicle meets one or more of the criteria specified in clause 4 of Schedule 6. (2) A motor vehicle (other than a light motor vehicle or a motor cycle) is a statutory write-off if the motor vehicle is written off and— (a) has been damaged by at least 3 of the following impact damage indicators— (i) damage to an area of the roof equal to or exceeding 300 millimetres by 300 millimetres; or (ii) damage to an area of the cabin floor equal to or exceeding 300 millimetres by 300 millimetres; or (iii) damage to an area of the firewall equal to or exceeding 300 millimetres by 300 millimetres; or (iv) damage to the suspension; or (v) damage (cracked or broken) to major mechanical components such as the engine block and transmission casings; or (b) has been— (i) immersed in salt water above the doorsill level for any period; or (ii) immersed in fresh water up to the dashboard or steering wheel for more than 48 hours. (3) A motor cycle is a statutory write-off if the motor cycle is written off and— (a) has impact damage (excluding scratching) to the suspension and at least 2 areas of structural frame damage; or (b) has been— (i) fully immersed in salt water for any period; or (ii) fully immersed in fresh water for more than 48 hours. (4) A motor vehicle (other than a light motor vehicle) is a statutory write-off if the motor vehicle is written off and— (a) has been burnt to such an extent that it is only fit for wrecking or scrap; or (b) has been stripped of all, or a combination of most, interior and exterior body parts, panels and components. (5) A motor vehicle is a statutory write-off if the motor vehicle is written off and is entered on an interstate written-off vehicles register in a corresponding category to statutory write-off under this Division. S. 16C inserted by No. 92/2001 s. 10.