57Probationary prohibited vehicles

57 Probationary prohibited vehicles

(1) For the purposes of regulation 58, a probationary prohibited vehicle is a motor vehicle (other than a motor cycle) that—

(a) has a power to mass ratio which exceeds 130 kilowatts per tonne; or

(b) has an engine that has been modified to increase the vehicle's performance
(a high powered modification), other than a modification made by the manufacturer in the course of the manufacture of the vehicle; or

(c) is declared under subregulation (2) to be a probationary prohibited vehicle; or

(d) is a vehicle of a class of vehicles declared under subregulation (2) to be probationary prohibited vehicles.

Reg. 57(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 39).

(2) For the purpose of this regulation, the Secretary, by notice published in the Government Gazette, may—

(a) declare that a vehicle is a probationary prohibited vehicle; or

(b) declare that vehicles of a specified class are probationary prohibited vehicles; or

(c) declare that a modification to a vehicle or type of modification to a vehicle is a high powered modification; or

(d) declare that a vehicle is not a probationary prohibited vehicle.

(3) For the purpose of this regulation, the power to mass ratio of a motor vehicle may be specified—

(a) by the manufacturer of the motor vehicle; or

(b) by the Minister administering the Motor Vehicle Standards Act 1989 of the Commonwealth; or

Reg. 57(3)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 39).

(c) by the Secretary, in circumstances where—

(i) the manufacturer has not specified a power to mass ratio or cannot be identified; and

(ii) the Minister administering the Motor Vehicle Standards Act 1989 of the Commonwealth has not specified a power to mass ratio.

Power to mass ratio and tare mass, in relation to a motor vehicle, are defined in the Act. Section 84 of the Act also contains evidentiary provisions relating to subregulation (3).