Road Transport (General) Regulation 2000

The regulation introduces and relies on several distinct concepts that are critical to understanding its operation. Responsible person for a vehicle is defined by reference to the Road Transport (General) Act 1999, but section 5 of the regulation elaborates on how that concept works when there are two or more responsible people: each is taken to have the same rights and liabilities, and notice to one is notice to all if they share an address; if addresses differ, each must receive notice. This is significant for enforcement because it means the authority may pursue any one of several joint owners or operators. Notifiable vehicle (s 21) is a vehicle that is written off, manufactured less than 15 years before the write-off date, and falls within specific weight and type categories , motor vehicle (other than motorbike) with a gross vehicle mass of 4.5 tonnes or less, a motorbike, or a trailer of 4.5 tonnes or less. The age threshold ensures older vehicles outside the 15-year window are not caught by the reporting requirements. Statutory write-off (s 22) is a vehicle that is a total loss and meets detailed assessment criteria: for a motor vehicle the criteria are set out in the Austroads technical guide Damage Assessment Criteria for the Classification of Statutory Write-Offs (which is not subject to notification under the Legislation Act); for a motorbike or trailer the regulation itself specifies criteria including impact damage to suspension and at least two areas of structural frame damage, burn damage, stripping of parts, and for motorbikes, salt-water immersion or freshwater immersion for more than 48 hours. Repairable write-off is defined negatively as a total loss that is not a statutory write-off (s 20). Designated person (s 23) identifies the categories of persons who must report write-off information: an insurer that assesses a vehicle as a total loss and writes it off anywhere in Australia, a motor wrecker who begins to demolish or dismantle the vehicle, a dealer who does the same, or any other responsible person who assesses a total loss and writes it off. The obligation is discharged if another designated person has already reported or if the information is entered in an approved corresponding WOVR of another jurisdiction. Dishonour notice (s 16) is the first step in a mandatory sequence triggered when a cheque is not met or a credit card transaction is not honoured for certain prescribed payments such as driver licence fees, vehicle registration fees, accreditation fees, and licence fees. Suspension notice (s 17) follows if payment is not made within 14 days after the dishonour notice, and cancellation notice (s 19) follows if payment is still not made within 14 days after the suspension notice. Revocation of suspension (s 18) occurs if payment is made within the 14-day suspension period. Approved corresponding WOVR (s 31) allows the Minister to approve registers kept under the law of another jurisdiction as corresponding to the ACT written-off vehicles register, thereby enabling interstate data sharing and avoiding duplicate reporting.

The regulation casts a wide net over individuals, businesses, and government entities involved in the ACT road transport system. Vehicle owners and operators are affected by section 5 which deems multiple responsible people to be jointly liable, and by the dishonour notice regime (ss 16-19) which can lead to suspension or cancellation of driver licences, vehicle registrations, accreditations, authorisations, approvals, trader’s plates, and licences such as taxi or rideshare licences if a payment is dishonoured and not rectified. The requirement to keep addresses current (noted in s 9B) has direct consequences because notices are deemed given when received at the address for service recorded in authority registers. Insurers are designated persons under Part 6 and must assess whether a vehicle is a total loss, classify it as a statutory write-off or repairable write-off, and give prescribed information to the road transport authority within seven days of the write-off decision (s 24). They must also attach statutory write-off notices to statutory write-off vehicles (s 25) and deface vehicle identifiers (s 28). Motor wreckers and dealers have similar obligations: a motor wrecker must report within seven days of beginning to demolish or dismantle a notifiable vehicle, and before disposing of the part bearing the vehicle identifier. Drivers and licence holders are affected by the internal review provisions (schedule 1) which list a vast array of decisions they can challenge, including refusals to issue or renew licences, decisions to impose conditions, interlock-related decisions, and decisions about medical fitness and alcohol or drug offender requirements. Driving instructors and heavy vehicle driver assessors are subject to accreditation decisions reviewable under schedule 1. Public passenger vehicle operators , taxi, rideshare, and hire car licensees , are affected by reviewable decisions concerning licence issuance, conditions, transfer, renewal, and surrender; they also benefit from partial refund formulas if they surrender licences (schedule 3 part 3.2). Traffic marshals, protective service officers, and authorised officers are specifically exempted from certain identity card and citizenship requirements (ss 6, 7, 7A), allowing them to exercise traffic direction powers without the usual formalities. The road transport authority itself is affected as the primary decision-maker under virtually every provision: it must give dishonour, suspension, and cancellation notices; it must record information in the written-off vehicles register; it may delegate functions to the Commonwealth DFAT Secretary (s 8); and it must process refunds in accordance with section 14 and the formula in section 15. Applicants for various approvals, permits, and exemptions are affected by the breadth of decisions listed in schedule 1 , from motor vehicle dealers applying for authorisation to interfere with component identification numbers (item 60 of part 1.11) to persons seeking parking permits from the DFAT delegate (schedule 2). In summary, the regulation touches anyone who owns, operates, insures, repairs, registers, or holds a licence for a vehicle in the ACT, as well as the government bodies that administer the system.

The regulation imposes several core duties and confers correlative rights. The most significant set of duties arises under Part 6 concerning written-off vehicles. A designated person (insurer, motor wrecker, dealer, or other responsible person) must give to the road transport authority the relevant identification information for a notifiable vehicle within seven days of the write-off decision (for insurers and dealers) or within seven days of beginning demolition or dismantling (for motor wreckers), or any later period approved by the authority (s 24(3)). The information required includes the vehicle identifier, make, model, body type, date of write-off, whether it is a repairable or statutory write-off, the event causing the write-off, the location and severity of damage, and the person’s contact details (s 24(4)). Failure to comply is an offence carrying a maximum penalty of 20 penalty units, and it is a strict liability offence (s 24(2)). A second duty is to attach a complying statutory write-off notice to a statutory write-off vehicle within the same timeframes (s 25); again a strict liability offence. There is a duty not to damage, destroy, or remove a statutory write-off notice without reasonable excuse (s 26), and where a part bearing a notice is removed, a duty to attach or reattach a complying notice within one day (s 27). The duty to deface the vehicle identifier using an approved method applies to statutory write-offs (s 28(1)) and also to repairable write-offs being demolished or dismantled by a motor wrecker (s 28(2)). The road transport authority has the right to enter information in the written-off vehicles register either from reports received or on its own initiative (s 29). Any person has the right to apply for a statement whether a vehicle is recorded as written-off (s 30); the statement must disclose the registers searched, the relevant identification information, the write-off date, and warnings about limitations including that the register may not record every write-off and that a statutory write-off cannot be registered. Turning to fees and payments, the Minister may remit any fee, charge or other amount payable under road transport legislation (s 13). The road transport authority may also remit, subject to ministerial guidelines which are a disallowable instrument (s 13AA). A person has the right to a full refund in the circumstances listed in schedule 3 part 3.1, which include refused applications, erroneous issuances that are cancelled, and cancelled driving tests (when cancelled by the authorised person or by the person more than 48 hours before the agreed time). A person also has the right to a partial refund calculated by the formula in section 15 for items in schedule 3 part 3.2, such as when a driver licence or vehicle registration is voluntarily surrendered. The authority may deduct any unpaid fees owed by the person before issuing the refund, and must round down any non-whole-dollar refund amount (s 14(5)). The final key right is the right to internal review of decisions listed in schedule 1. That schedule catalogues hundreds of decisions across multiple Acts and regulations , from refusal of driver licences to imposition of interlock conditions, from cancellation of accreditations to suspension of service authorities. A person affected by one of these decisions may apply for internal review under the parent Act. A smaller set of decisions in schedule 2 (currently only certain parking permit decisions by the DFAT delegate) are designated as externally reviewable decisions, affording a right of review by the ACT Civil and Administrative Tribunal.

The regulation establishes both criminal penalties and administrative enforcement mechanisms. Criminal offences are concentrated in Part 6 and carry a maximum penalty of 20 penalty units. At the republication date (5 January 2026), one penalty unit is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). The specific offences are: failure by a designated person to give written-off vehicle information to the road transport authority (s 24(1)); failure to attach a complying statutory write-off notice to a statutory write-off vehicle (s 25(1)); unauthorised interference with a statutory write-off notice , damaging, destroying, or removing it without reasonable excuse (s 26(1)); failure to keep a complying notice attached when a part is removed from a statutory write-off (s 27(2)); and failure by a designated person or a motor wrecker to deface the vehicle identifier using an approved method (s 28(1) and (2)). All these offences are strict liability offences , meaning the prosecution does not need to prove fault (intention, recklessness, or negligence) but the defence of honest and reasonable mistake of fact may be available under the Criminal Code. The strict liability nature is explicitly stated in each offence provision (ss 24(2), 25(2), 26(2), 27(3), 28(3)). The only exception to the notice interference offence is if the person has a reasonable excuse (s 26(3)), with an example given of removing a notice to sell the part to which it is attached. Beyond criminal penalties, the regulation provides a powerful administrative enforcement tool through the dishonour notice regime (ss 16-19). If a person pays a prescribed fee (including driver licence fees, registration fees, accreditation fees, taxi/rideshare/hire car licence fees, and various other amounts) by cheque that is not met or by credit card transaction not honoured, the road transport authority must issue a written dishonour notice (s 16(2)). The notice must state the consequence that if the amount is not paid within 14 days after the notice is given, the relevant thing (licence, registration, accreditation, etc) will be suspended (s 16(3)). If the person fails to pay within that 14-day period, the authority must then give a written suspension notice suspending the relevant thing and take any action necessary to give effect to the suspension (s 17(2)). The suspension notice must explain the effects of suspension and state that if payment is not made within a further 14 days, the relevant thing will be cancelled (s 17(3)). If payment is made during the suspension period, the authority must revoke the suspension (s 18). If payment is not made within 14 days after the suspension notice, the authority must issue a cancellation notice cancelling the relevant thing (s 19). This creates a mandatory chain of escalation with no discretion to skip steps. Additional enforcement provisions include the evidentiary shortcut in section 10: a certificate from the road transport authority may be used to prove that a person was or was not an authorised examiner on a stated date, that premises were or were not approved premises, or how a notice was electronically generated or its contents. The regulation also prescribes the way police officers may require a specimen signature , in their official notebook or on any other paper on which a signature can reasonably be written (s 9C). Finally, the internal review mechanism (schedule 1) provides an avenue for affected persons to challenge decisions before enforcement action becomes final, but does not itself impose penalties.

The regulation operates as part of a complex web of interlocking ACT and Commonwealth legislation. Its primary parent is the Road Transport (General) Act 1999, and many of its sections expressly reference provisions of that Act , for example, the exemptions for authorised officers under s 19(2) (s 7A), the content of fine enforcement notices under s 84(3)(c) (s 9A), specimen signatures under s 59(2) (s 9C), certificate evidence under s 72(4) (s 10), and definitions of internally reviewable and reviewable decisions (ss 11, 12). The regulation also interacts heavily with other regulations made under the road transport legislative umbrella. Schedule 1 lists internally reviewable decisions arising under the Road Transport (Driver Licensing) Regulation 2000 (part 1.4), the Road Transport (Offences) Regulation 2005 (part 1.6C), the Road Transport (Public Passenger Services) Regulation 2002 (part 1.8), the Road Transport (Road Rules) Regulation 2017 (part 1.8A), the Road Transport (Safety and Traffic Management) Regulation 2017 (part 1.9), and the Road Transport (Vehicle Registration) Regulation 2000 (part 1.11). This means the regulation serves as a cross-cutting repository for review rights across the entire road transport code. The Heavy Vehicle National Law (ACT) is incorporated by reference in section 7A: an authorised officer under that law is an authorised person for the road transport legislation but may only exercise powers involving a heavy vehicle, and must show their heavy vehicle identity card. The Sale of Motor Vehicles Act 1977 supplies the definition of “dealer” for Part 6 (s 20). The Motor Accident Injuries Act 2019 is referenced in the definition of “road transport authority record or register” for the purposes of the posted notice rule (s 9B(5)(c)), and also in the list of amounts covered by dishonour notices , fees payable in relation to the issue of an MAI policy (s 16(1)(d)). The Australian Federal Police Act 1979 (Cwlth) defines “protective service officer” and their AFP-issued identity card (s 7). The Legislation Act 2001 is foundational: it governs the effect of notes (s 4), the application of the Criminal Code (s 4A), making of delegations (s 8), presumption of posting (s 9B(4) disapplies s 250(1)), rounding down of fees (referencing determinations under the Act s 96 for non-refundable amounts in the dictionary), and penalty unit values. The regulation also contemplates interjurisdictional cooperation. Section 23(2) relieves a designated person of reporting obligations if information about the write-off is entered in an approved corresponding WOVR for another jurisdiction in accordance with the law of that jurisdiction. The Minister may approve registers kept under the law of another jurisdiction as corresponding WOVRs (s 31(1)). The technical guide for classifying statutory write-offs is published by Austroads Ltd and is incorporated by reference without needing notification under the Legislation Act (s 22(3)). The delegation of the authority’s parking permit functions to the Secretary of the Commonwealth Department of Foreign Affairs and Trade (s 8) shows interaction with Commonwealth administrative machinery. For regulatory fees, the rounding down provision (s 13A) applies where a determined fee is not a whole dollar amount; such determinations are made under the Road Transport (General) Act 1999, s 96. In summary, the regulation cannot be read in isolation; it draws definitions, procedures, and enforcement consequences from a network of ACT and Commonwealth laws, and it enables cross-border data sharing for written-off vehicles.

The Road Transport (General) Regulation 2000 was originally notified as the Road Transport (General) Regulations 2000 on 29 February 2000 and commenced on 1 March 2000. It was renamed under the Legislation Act 2001. Since then, it has been amended over seventy times through a combination of amending regulations and Acts. Key structural changes include the insertion of Part 6 (Written-off vehicles register) by SL2002-31, which created the comprehensive reporting and marking regime for total-loss vehicles. That part has been subsequently amended to refine the definitions of statutory write-off (SL2013-23 substituted s 22 with the current criteria including the Austroads technical guide), to adjust reporting obligations, and to criminalise interference with notices. The review of decisions framework was overhauled by A2008-37 (ACT Civil and Administrative Tribunal Legislation Amendment Act 2008), which substituted ss 11 and 12 to align with the new ACAT system and replaced schedules 1 and 2. The dishonour notice regime (ss 16-19) was significantly amended by A2012-16 and A2022-5 to expand the list of prescribed payments to include rideshare vehicle licences and to refine the chain from dishonour to suspension to cancellation. The fee remission power of the road transport authority was inserted by SL2009-6 (s 13AA) and later amended by A2025-29 for ministerial guidelines. The rounding down of fees (s 13A) was inserted by SL2008-36. The refund scheme (ss 14-15 and schedule 3) was substituted by A2015-15 and subsequently amended by SL2016-20 and SL2017-44 to reflect changes in licence types. The Criminal Code harmonisation was applied by SL2003-1, inserting s 4A and making various offences strict liability. Exemptions for traffic marshals were substituted by SL2002-31 and amended by SL2017-44 to update references to the Road Transport (Road Rules) Regulation 2017. Protective service officer provisions (s 7) were inserted by SL2010-33 and amended in 2017. The authorised officer provision (s 7A) was inserted by SL2024-11 to align with the Heavy Vehicle National Law (ACT). The most recent amendment at the republication date is Statute Law Amendment Act 2025 (A2025-29), which made minor amendments to s 13AA and s 30 (effective 5 January 2026). The regulation has been republished 64 times, reflecting its dynamic nature as the administrative regulation for ACT road transport.

The regulation as provided does not cite any specific litigation or case law. The text is solely legislative and procedural and does not include references to court decisions, tribunal rulings, or interpretative judgments. However, it is important to note that the regulation creates a vast array of reviewable decisions (schedule 1 lists hundreds) and a smaller set of externally reviewable decisions (schedule 2). Those decisions are likely to have been the subject of applications to the ACT Civil and Administrative Tribunal (ACAT) and potentially appeals to the ACT Supreme Court, but the regulation itself does not reference any particular outcome. Practitioners should be aware that the internal review mechanism under the Road Transport (General) Act 1999, Part 7, is the primary avenue for challenging decisions listed in schedule 1, and that failure to exhaust internal review may affect subsequent rights. The strict liability offences in Part 6 have not been tested in the text provided, but the defence of reasonable excuse for interference with statutory write-off notices (s 26(3)) and the example given (removing a notice to sell a part) suggest potential factual disputes that may have reached the courts. The deeming provisions for posted notices (s 9B) create evidentiary presumptions that have been litigated in other transport contexts; the regulation explicitly disapplies the Legislation Act s 250(1) and instead provides its own four-working-day posting and receipt presumptions, which would be subject to challenge if evidence sufficient to raise doubt is given. No case law is cited in the regulation itself, so any analysis of litigation history would require external research beyond this source.

Several provisions in the regulation contain traps for the unwary practitioner or layperson. The most significant is the strict liability nature of all Part 6 offences (ss 24, 25, 26, 27, 28). There is no defence of honest and reasonable mistake available without the general Criminal Code principles, and the prosecution does not need to prove intention or recklessness. A person who inadvertently fails to report a write-off within seven days, or who attaches a statutory write-off notice in the wrong position (not complying with s 25(3) , must be as close as practicable to the vehicle identifier), commits an offence carrying a potential fine of up to $3,200 for an individual or $16,200 for a corporation. The seven-day time limit in s 24(3) is particularly tight for motor wreckers, who must report before disposing of the part bearing the vehicle identifier but in any event within seven days of beginning demolition or dismantling. The authority may approve a later period, but unless approval is obtained in advance, the default applies. The multiple responsible person rule (s 5) means that if there are two or more owners, each is individually liable for obligations and each can be separately prosecuted for non-compliance. Notice given to only one responsible person is effective against all if they share an address, but if addresses differ the authority must give notice to each , a practical burden on the authority but a trap for individuals who assume joint liability reduces their individual exposure. The dishonour notice chain (ss 16-19) is automatic and mandatory. If a cheque bounces, the authority must issue a dishonour notice. If the person does not pay within 14 days, the authority must issue a suspension notice. If still not paid within a further 14 days, the authority must cancel the licence, registration, accreditation, or licence. There is no discretion to waive or extend these periods. The consequence of cancellation of a driver licence or vehicle registration is severe and may require a fresh application and payment of full fees. The refund formula (s 15) operates on a pro-rata basis for unexpired periods but subtracts any non-refundable amounts. A person surrendering a licence or registration mid-term may receive very little back if non-refundable components are large. The rounding down of refund amounts to the next whole dollar (s 14(5)) means fractions are forfeited. The posted notice deeming rule (s 9B) is another trap: a notice is taken to be given when received at the address for service. In court, it is presumed that the notice was posted four working days after its date and received four working days after posting, unless sufficient evidence to raise doubt is given. This shifts the evidentiary burden onto the recipient. There is no grace period for change of address; it is an offence under other regulations not to notify a change of address, and if the address is wrong, the notice is still deemed received at the recorded address (s 9B(1)(b)(ii)). The Minister may approve guidelines for remission of fees by the authority (s 13AA), but those guidelines are a disallowable instrument and may impose restrictions. A person applying for remission should check whether guidelines exist and whether they create preconditions. Finally, for businesses dealing with multiple jurisdictions, section 23(2) provides an exemption from reporting if another designated person in the same jurisdiction has reported or if information is entered in an approved corresponding WOVR of another jurisdiction. However, the “authorised designated person” for entering data in another jurisdiction must be an insurer or a person authorised in writing by the ACT road transport authority (s 23(3)). A dealer or motor wrecker may not be able to rely on interstate reporting unless they are so authorised, creating a potential gap.

Compliance with the Road Transport (General) Regulation 2000 depends on the entity’s role. For insurers, motor wreckers, and dealers involved with written-off vehicles, the primary obligations under Part 6 must be implemented through systematic processes. Upon assessing a vehicle as a total loss, an insurer or dealer must determine whether the vehicle is a notifiable vehicle (manufactured less than 15 years before the write-off date and within the weight/type limits). Within seven days of the write-off decision (or before disposing of the vehicle if earlier), they must provide to the road transport authority the prescribed information electronically or otherwise, in accordance with any requirements approved by the authority (s 24). This includes the vehicle identifier, make, model, body type, date of write-off, classification as repairable or statutory write-off, cause and description of damage, and contact details. If the vehicle is a statutory write-off, a complying statutory write-off notice must be attached securely in a conspicuous position as close as practicable to the vehicle identifier (for motor vehicles) or frame (for motorbikes and trailers) within the same seven-day period (s 25). The vehicle identifier must be defaced using a method approved by the authority (s 28). Motor wreckers have additional obligations: they must report within seven days of beginning to demolish or dismantle, and before disposing of the part containing the identifier, and they must also deface the identifier for repairable write-offs they demolish. To avoid duplication, a designated person should verify whether another designated person has already reported or whether the information has been entered in an approved corresponding WOVR of another jurisdiction (s 23(2)). Businesses should maintain records of the compliance dates and the method of defacement used. For individuals who are responsible persons for vehicles, the key compliance step is to ensure that the address for service recorded with the road transport authority is always current. Failure to do so can result in deemed receipt of notices at an old address (s 9B). When paying fees by cheque or credit card, the person must ensure sufficient funds or credit are available; if a dishonour occurs, the person must pay the amount within 14 days of the dishonour notice to avoid suspension, and within a further 14 days after the suspension notice to avoid cancellation (ss 16-19). If the person disagrees with a decision made by the road transport authority (for example, a refusal to issue a licence, imposition of a condition, or cancellation of registration), they should promptly invoke the internal review mechanism by applying to the authority under the parent Act. The decisions subject to internal review are listed in schedule 1; if a decision is not on that list, it may be not reviewable or reviewable externally. For applicants for licences, accreditations, permits, or other approvals, the practical compliance strategy is to provide complete and accurate information with the application, and if the application is refused, to determine whether a refund is available under schedule 3. For full refunds, items such as refused applications (item 4 for driver licences) qualify, provided the thing is surrendered if issued in error. For partial refunds under the formula in section 15, the person must surrender the licence, registration, or other thing (schedule 3 part 3.2). The formula is: refund = (days remaining / days paid for) × fee paid (less non-refundable amounts). The refund will be rounded down to the next whole dollar. For traffic marshals, protective service officers, and authorised officers, compliance is built into their appointment conditions. Traffic marshals are exempt from citizenship and identity card requirements but must have completed adequate training (s 6). Protective service officers must show their AFP-issued identity card before giving a direction under the road rules if reasonably practicable (s 7(4)). Authorised officers under the Heavy Vehicle National Law may only exercise their powers in relation to heavy vehicles and must show their heavy vehicle identity card if reasonably practicable (s 7A). For any person served with a statutory write-off notice on a vehicle, it is an offence to damage, destroy, or remove the notice without reasonable excuse (s 26). If a part bearing the notice is removed from a statutory write-off that has not been substantially demolished, the designated person must attach or reattach a complying notice within one day (s 27). In all cases, regular reference to the current version of the regulation , particularly the schedules and the dictionary , is essential because definitions such as “notifiable vehicle” and “statutory write-off” are tightly circumscribed and the list of internally reviewable decisions is extensive and subject to amendment.