Road Transport (Vehicle Registration) Regulation 2000

Part 1.2 Application of sch 1 138 1.5 Application of sch 1 to plant 138 1.6 Vehicles to which sch 1 does not apply etc 138 1.7 Non-application of sch 1 to ADR-compliant matters 139 1.8 Non-application of sch 1—exemption under other laws 140 1.9 Non-application of sch 1—vehicles subject to particular approvals 140 Part 1.3 Australian Design Rules 142 1.10 What is an ADR (or Australian Design Rule)? 142 1.11 What is a 2nd edition ADR? 143 1.12 What is a 3rd edition ADR? 143 1.15 Compliance with 2nd edition ADRs 144 1.16 Compliance with 3rd edition ADRs 145 1.16A Exception to compliance with ADRs—vehicles on RAV 145 1.17 Exception to compliance with ADRs—vehicles that are not road vehicles 146 1.18 Exception to compliance with ADRs—vehicles with particular approvals 146 1.19 Partial exception to compliance with ADRs—personally imported vehicles 147 1.20 Alteration of specifications 149 Part 1.4 Adopted standards 151 1.21 What is an adopted standard? 151 1.22 Exception to compliance with adopted standards 151 1.23 Reference to adopted standards 151 Part 1.5 General safety requirements 152

Division 1.5.1 All light vehicles 152 1.24 Steering 152 1.25 Turning ability 153 1.26 Ability to travel backwards and forwards 153 1.27 Protrusions 153 1.28 Oil and grease not to be dropped 153 1.29 Driver’s view and vehicle controls 154

Page contents 10 Road Transport (Vehicle Registration) Regulation 2000 1.30 Seating 154 1.31 Child restraint anchorages 154 1.32 Door latches and hinges 155 1.33 Mudguards 155 1.34 Horns, alarms etc 156 1.35 Rear-vision mirrors 157 1.36 Rear-vision mirrors—surfaces 159 1.37 Additional rear-vision mirrors 159 1.38 Automatic transmission 159 1.39 Diesel engines 161 1.40 Bonnet securing devices 161 1.41 Electrical wiring, components, connections and installations 161 1.42 Speedometers 162 1.43 Television receivers and visual display units 163 1.44 Windows generally 163 1.45 Requirement for windscreen to be fitted 164 1.46 Windscreens and windows 164 1.47 Window tinting 165 1.48 Windscreen-wipers 166 1.49 Wheels and tyres—size and capacity 167 1.50 Pneumatic tyres generally 167 1.51 Pneumatic tyres—carcass construction 167 1.52 Pneumatic tyres—size and capacity 168 1.53 Tyres—defects 168 1.54 Tyres—manufacturer’s rating 168 1.55 Retreads 169 1.56 Tyre tread 170 Division 1.5.2 Additional requirements for motorbikes 1.57 Steering gear and handlebars 171 1.58 Footrests 172 1.59 Chain guards 172 Part 1.6 Vehicle marking 173 1.62 Vehicle and engine identification numbers 173 1.63 Identification plates on certain older light motor vehicles 173

Page contents 11 1.64 White or silver band on certain light vehicles 175 1.65 Warning signs not to be displayed on light vehicles 175 Part 1.7 Light vehicle configuration and dimensions 176 Division 1.7.1 Axles 176 1.66 Axle configuration 176 1.67 References to length etc—div 1.7.2 178 1.68 Width 178 1.69 Length of single light motor vehicles 178 1.70 Length of single light trailers 178 1.71 Length of light combinations 179 1.72 Rear overhang 180 1.73 Trailer drawbar length 180 1.74 Height 181 1.75 Ground clearance 181 Part 1.8 Lights and reflectors 183 Division 1.8.1 General requirements for lights 1.76 Certain requirements apply only at night 183 1.77 Prevention of glare 183 1.78 Pairs of lights 183 1.79 Headlights to be fitted to light vehicles 184 1.80 How headlights are to be fitted 185 1.81 How single headlights are to be fitted 185 1.82 How additional headlights are to be fitted 186 1.83 Performance of headlights 186 1.84 Effective range of headlights 186 1.85 Changing headlights from high-beam to low-beam position 187 1.86 Parking lights 187 1.87 Daytime running lights 189

Page contents 12 Road Transport (Vehicle Registration) Regulation 2000 Division 1.8.5 Tail-lights 1.88 Tail-lights generally 191 1.89 Pattern of fitting tail-lights 191 1.90 Performance of tail-lights 192 1.91 Wiring of tail-lights 192 1.92 Numberplate lights 192 Division 1.8.7 Clearance lights 1.93 Front clearance lights 193 1.94 External cabin lights 193 1.95 Rear clearance lights 194 1.96 Light vehicles needing side marker lights 194 1.97 Location of side marker lights 195 1.98 Performance of side marker lights 196 1.99 Side marker lights and rear clearance lights 197 1.100 Fitting brakelights 197 1.101 Performance and operation of brakelights 198 Division 1.8.10 Reversing lights 1.102 Reversing lights 199 1.103 Direction indicator lights on light motor vehicles 200 1.104 Direction indicator lights on light trailers 201 1.105 Location of direction indicator lights 201 1.106 Operation and visibility of direction indicator lights 202 1.107 Front fog lights 204 1.108 Rear fog lights 204 Division 1.8.13 Interior lights 1.109 Interior lights 205 Division 1.8.14 Reflectors generally 1.110 General requirements for reflectors 205

Page contents 13 1.111 Rear reflectors 206 Division 1.8.16 Side reflectors 1.112 Compulsory side reflectors on pole-type trailers that are light trailers 206 1.113 Optional side reflectors 207 1.114 Compulsory front reflectors on light trailers 207 1.115 Optional front reflectors 208 Division 1.8.19 Warning lights and signs on buses carrying children that are light vehicles 1.116 Application—div 1.8.19 209 1.117 Fitting of warning lights and signs 209 1.118 Operation and performance of warning lights 210 1.119 Specifications for warning signs 211 1.120 Other lights and reflectors 212 1.121 Use of direction indicator lights as hazard warning lights 214 1.122 Rear marking plates 214 1.123 Signalling devices 216 1.124 Mechanical signalling devices 216 1.125 Turn signals 217 1.126 Lights to be maintained on certain vehicles 218 Division 1.8.22 Light vehicles not required to have lights or reflectors 1.127 Certain vehicles used in daylight 218 1.128 Certain vehicles used for collection or exhibition purposes 218 Part 1.9 Braking systems 219 1.129 Parts of a braking system 219 1.130 Provision for wear 219 1.131 Supply of air or vacuum to brakes 219 1.132 Performance of braking systems 220

Page contents 14 Road Transport (Vehicle Registration) Regulation 2000 1.133 What braking system a light motor vehicle must have 222 1.134 Operation of brakes on light motor vehicles 224 1.135 Air or vacuum brakes on light motor vehicles 224 1.136 What brakes a light trailer must have 225 1.137 Operation of brakes on light trailers 225 1.138 Air or vacuum brakes on light trailers 225 Part 1.10 Control of emissions 227 Division 1.10.1 Crankcase gases and exhaust emissions 1.139 Crankcase gases––certain petrol-powered light vehicles 227 1.140 Visible exhaust emissions––light vehicles with internal combustion engines 227 1.141 Exhaust emissions––diesel-powered vehicles 228 1.142 Exhaust systems 230

Subdivision 1.10.3.1 General 1.143 Measurement of stationary noise levels 232 1.144 Meaning of certified to ADR 83/00—div 1.10.3 232 1.145 Silencing device for exhaust systems 233 Subdivision 1.10.3.2 Noise levels applying to vehicles not certified to ADR 83/00 or later ADR 1.146 Application—subdivision 1.10.3.2 233 1.147 Stationary noise levels—car-type vehicles and motorbikes and motortrikes 233 1.148 Stationary noise levels—other light vehicles with spark-ignition engines 234 1.149 Stationary noise levels—other light vehicles with diesel engines 235 Subdivision 1.10.3.3 Noise levels applying to light vehicles certified to ADR 83/00 1.150 Stationary noise levels 236 Part 1.11 Alternative fuel systems and unleaded petrol light motor vehicles 237

Page contents 15 1.151 LPG-powered light vehicles 237 1.152 Light vehicles powered by natural gas 238 1.152A Hydrogen-powered vehicles 238 1.152B Electric-powered vehicles 240 1.153 Unleaded petrol motor light vehicles 241 Part 1.12 Mechanical connections between vehicles 242 1.154 General coupling requirements 242 1.155 Drawbar couplings 242 Part 1.13 Other matters 245 1.156 Light vehicle equipment 245 1.157 Restored light vehicles 245 1.158 Retractable axles 245 1.159 Measurement of distance between parallel lines 245 1.160 Interpretation of certain 2nd edition ADRs 246 Part 1.14 DT80 transient test procedure for testing of diesel- fuelled vehicle exhaust emissions 248 Schedule 2 Prescribed requirements 251 Part 2.1.1 Roller brake testing equipment 251 Division 2.1.1.1 Prescribed requirements 251 Division 2.1.1.2 Optional features 253 Part 2.1.2 Skid plate brake testing 254 Division 2.1.2.1 Prescribed requirements 254 Division 2.1.2.2 Optional features 255 Part 2.1.3 Vehicle deceleration brake testing 256 Division 2.1.3.1 Prescribed requirements 256 Division 2.1.3.2 Optional features 256

Page contents 16 Road Transport (Vehicle Registration) Regulation 2000 Chapter 2.2 Prescribed requirements for all registrable Part 2.2.1 Headlamp aim testing equipment 257 Part 2.2.2 Light transmittance testing equipment 259 Part 2.2.3 Noise testing equipment 261 Dictionary 263 1 About the endnotes 283 2 Abbreviation key 283 3 Legislation history 284 4 Amendment history 293 5 Earlier republications 325

1 Name of regulation This regulation is the Road Transport (Vehicle Registration) Regulation 2000.

3 Definitions—the dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means that the term ‘road transport legislation’ is defined in that section and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Diagrams—the dictionary (1) A diagram in the dictionary is part of this regulation. (2) A diagram of something in the dictionary is an illustrative example of the thing in black and white, but does not represent its dimensions, or the dimensions of any part of it.

Preliminary Chapter 1

4A Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1): • s 85 (6) and (7) (Procedures for suspension and cancellation of registration). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units

5 Notes A note in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5A Disapplication of Legislation Act, s 47 (5) and s 47 (6) (1) The Legislation Act, section 47 (5) does not apply in relation to an instrument applied, adopted or incorporated as in force at a particular time under this regulation unless the instrument is expressed to be a notifiable instrument. Examples—instruments to which s 47 (5) does not apply 1 an adopted standard 2 the UN ECE Agreement 3 the National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles—September 2006 (2) The Legislation Act, section 47 (6) does not apply in relation to an instrument applied, adopted or incorporated as in force from time to time under this regulation unless the instrument is expressed to be a notifiable instrument. Examples—instruments to which s 47 (6) does not apply 1 an ADR

2 Vehicle Standards Bulletin No 14 – National Code of Practice for Light Vehicle Construction and Modification Note The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

General Part 2.1

Part 2.1 General

6 Meaning of registration provisions In this chapter: registration provisions means the provisions of this regulation about the registration of registrable vehicles, including the issue and use of numberplates and the use of unregistered vehicles.

7 Suspension of exemptions (1) The road transport authority may suspend the operation of any of the following sections in relation to a registrable vehicle if the authority, having regard to any matter mentioned in section 84 (Suspension or cancellation of registration), decides that the suspension is in the public interest: (a) section 14 (Vehicles temporarily in the ACT); (b) section 15 (Vehicles registered in another jurisdiction by transferred defence force member or eligible family member); (c) section 16 (Trailers exempt from registration in another jurisdiction). (2) The suspension may be indefinite or for the period the road transport authority decides.

8 Application of Act, s 18 to pt 2.2 vehicles For the Act, section 18 (2) (b), the use of an unregistered vehicle mentioned in part 2.2 (Vehicles not subject to registration provisions) on a road or road related area is permitted under this regulation.

Part 2.2 Vehicles not subject to registration provisions

9 Vehicles on tow trucks The registration provisions do not apply to a registrable vehicle being towed by a tow truck.

10 Vehicles used for agricultural work (1) The registration provisions do not apply to— (a) an agricultural implement towed by another vehicle; or (b) a trailer towed by an agricultural machine that is being used to perform agricultural tasks. agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks. agricultural machine means a machine with its own automotive power, built to perform agricultural tasks. Examples of agricultural implements irrigating equipment, augers, conveyors, harvester fronts, harvest bins and machinery fully carried on the three-point linkage of a tractor Examples of agricultural machines tractors and harvesters

11 Vehicles using roads or road related areas to a limited extent during primary production is only used on a road or road related area when it is being driven across the road or road related area in travelling directly to or from land that is used only or mainly for primary production.

12 Trailers used for road construction and other public works (1) The registration provisions do not apply to a trailer towed by a registered motor vehicle that— (a) is— (i) only used for road construction, maintenance (including cleaning, sweeping, watering or a similar process) or repair; or (ii) not let out on hire and only used for rolling tennis courts, cricket wickets, lawns or pathways, or improving the surface of the ground or for similar work, on unleased territory land or on land dedicated or reserved by the Territory for public health, recreation, enjoyment or other similar public purposes; and (b) is only used on a road or road related area when at, going to or returning from the place where the work mentioned in paragraph (a) is done. trailer does not include a vehicle built or used mainly to carry goods or materials, or a caravan used for recreational purposes.

13 Golf and green keeping vehicles used on roads or road related areas (1) The registration provisions do not apply to a golf vehicle or green keeping vehicle being driven directly across a road or road related area that intersects with or crosses a golf course if the vehicle— (a) is being used in the course of, or as an incident to, a game of golf or to watch a game of golf; or (b) is travelling to or from the golf course to be used for or in relation to the rolling or maintenance or surface improvement of part of the golf course; or (c) is travelling to or from a car park or storage building that is separated from the golf course by the road or road related area. golf course means an area of land designed and used for playing golf, and includes any tee, fairway, green, rough, pathway, bunker and bridge forming part of the golf course. golf vehicle means— (a) a motorised buggy or cart designed and used to carry a golfer, spectator or golfing equipment on a golf course; or (b) a motorbike with an engine capacity not over 50mL used to carry a golfer, spectator or golf equipment on a golf course; or (c) a trailer being towed by such a vehicle. green keeping vehicle means a vehicle used only or mainly for or in relation to the rolling, maintenance or surface improvement of part of a golf course.

14 Vehicles temporarily in the ACT (1) The registration provisions do not apply to a registrable vehicle if— (a) the vehicle is— (i) kept at a garage address in the ACT for 3 months or less; or (ii) otherwise temporarily in the ACT; and (b) the vehicle is— (i) registered under the law of another jurisdiction, external territory or foreign country; or (ii) permitted under a relevant law of another jurisdiction to be used on a road or road related area in that jurisdiction, even though it is unregistered; and (c) the vehicle has the numberplates and labels required under that law; and (d) the numberplates and labels comply with that law; and (e) the vehicle complies with, and is being used in accordance with, any conditions of registration applying to the vehicle under that law, so far as they can be applied to the vehicle, or use of the vehicle, in the ACT; and (f) if the vehicle is unregistered—the vehicle is being used in accordance with any conditions of the permit or other authority applying to the vehicle under that law, so far as they can be applied to the use of the vehicle in the ACT; and (g) an MAI policy or compulsory third-party insurance policy under a law of another jurisdiction is in force for the vehicle.

relevant law, of another jurisdiction, external territory or foreign country, means a law of the other jurisdiction, territory or country that substantially corresponds to the provisions of this regulation about trader’s plates or unregistered vehicle permits.

15 Vehicles registered in another jurisdiction by transferred defence force member or eligible family member (1) The registration provisions do not apply to a registrable vehicle if— (a) a registered operator of the vehicle is a transferred defence force member or eligible family member; and (b) the vehicle is registered under the law of another jurisdiction; and (c) the vehicle has the numberplates and labels required under that law; and (d) the numberplates and labels comply with that law; and (e) the vehicle complies with, and is being used in accordance with, any conditions of registration applying to the vehicle under that law, so far as they can be applied to the vehicle, or use of the vehicle, in the ACT; and (f) an MAI policy or compulsory third-party insurance policy under a law of another jurisdiction is in force for the vehicle. eligible family member, of a transferred defence force member, means a person who— (a) usually lives with the defence force member; and (b) is entitled to be transferred with the defence force member at the expense of the Australian Defence Force.

transferred defence force member means a person who is living in the ACT because of a transfer arranged by the Australian Defence Force and is— (a) on full-time permanent service with the Australian Defence Force; or (b) on full-time duty with the Australian Defence Force Reserve.

16 Trailers exempt from registration in another jurisdiction (1) The registration provisions do not apply to a trailer that is exempt from registration under the law of another jurisdiction if the trailer— (a) is being towed by a motor vehicle that is registered under a law of that jurisdiction; and (b) is not being used to carry a boat; and (c) is not being used in the course of a trade, business or industry; and (d) weighs less than 200kg unladen; and (e) has a manufactured width that is not wider than the towing (f) is not longer than 3m (including the drawbar and any load); and (g) displays (whether by painting or otherwise) the registration number of the towing vehicle to the rear of the trailer so the number can be read during daylight 20m from the rear of the (2) Subsection (1) (g) does not apply to the trailer if the registration number on the rear numberplate of the towing vehicle is not obscured by the trailer.

17 Vehicles used to fight rural fires (1) The registration provisions do not apply to a registrable vehicle that is used on a road or road related area if the vehicle— (a) is attached to a rural fire service brigade and has painted on it, or securely attached to it, a sign clearly identifying the brigade to which it is attached; and (b) is used to carry people or equipment to or from the work of preventing, extinguishing, or preventing the spread of, fires in rural areas (including fire hazard reduction work); and (c) is travelling for the purpose mentioned in paragraph (b) or any of the following purposes: (i) to respond to an incident or emergency in accordance with the Emergencies Act 2004 or a corresponding law; (ii) to assist at an incident or emergency under the control of the fire and rescue service, the SES or any other entity; (iii) to train members of the rural fire service, including volunteers; (iv) for a purpose necessary for, or incidental to, the service or repair of the vehicle; (v) to exercise any other function of the rural fire service. rural area—see the Emergencies Act 2004, section 6B. rural fire service brigade means— (a) a brigade of the rural fire service; or (b) a brigade of a similar entity established under the law of another jurisdiction.

18 Police vehicles is being used for police work and to which is attached a numberplate issued by the road transport authority in substitution for the numberplate that would otherwise be required to be attached to the vehicle under this regulation.

18A Vehicles being driven in the course of motor industry business (1) The registration provisions do not apply to a registrable vehicle that is used on a road or road related area if— (a) the person using the vehicle— (i) is not a responsible person for the vehicle; and (ii) is an owner or employee of a motor industry business; and (b) the vehicle is being used in the course of the motor industry business. (2) Subsection (1) does not apply if the person using the vehicle— (a) knew that the vehicle was not registered; or (b) ought reasonably to have known that the vehicle was not registered. motor industry business means a business that buys, sells, repairs, inspects, maintains or enhances vehicles.

19 Lawn mowers The registration provisions do not apply to a registrable vehicle, weighing not more than 250kg when unladen, that is built or used only for cutting grass or for purposes incidental to cutting grass.

20 Bicycles with electric motors is a bicycle. Note A bicycle does not include any vehicle— (a) with an electric motor capable of generating a power output over 200W, other than a vehicle that is a power-assisted pedal cycle within the meaning of the national road vehicle standards determined under the Road Vehicle Standards Act 2018 (Cwlth), s 12; or (b) that has an internal combustion engine. (See Road Transport (General) Act 1999, dict, def bicycle.)

21 Vehicles used by certain people with disabilities The registration provisions do not apply to a registrable vehicle that— (a) is designed, and while on a road or road related area is used only, to carry a person with a disability that substantially impairs the person’s mobility; and (b) cannot travel faster than 10km/h on level ground.

22 Vehicles being driven to obtain registration etc (1) The registration provisions do not apply to a registrable vehicle while it is being driven, for the purpose of obtaining registration of the vehicle, by the most direct or convenient route— (a) to the nearest convenient designated place; or (b) to the nearest convenient vehicle inspection station or authorised examiner to find out whether the vehicle complies with the applicable vehicle standards; or (c) to the nearest convenient weighbridge to find out the weight of

(2) The registration provisions do not apply to a registrable vehicle while it is being driven, for the purpose of obtaining registration of the vehicle, in the course of inspection or testing of the vehicle to find out whether the vehicle complies with the applicable vehicle standards. (3) The registration provisions do not apply to a registrable vehicle while it is being driven, for the purpose of obtaining an unregistered vehicle permit for the vehicle, by the most direct or convenient route to the nearest convenient place where the permit can be obtained for the (4) This section applies to a registrable vehicle only if an MAI policy or compulsory third-party insurance policy under a law of a jurisdiction other than the ACT is in force for the vehicle.

23 Vehicles being inspected (1) The registration provisions do not apply to a registrable vehicle the registration of which has expired but to which the numberplates are still attached while the vehicle is being driven by an authorised person to decide whether the vehicle complies with the applicable vehicle standards. (2) This section applies to the registrable vehicle only if an MAI policy or compulsory third-party insurance policy under a law of a jurisdiction other than the ACT is in force for the vehicle.

24 Self-propelled elevating work platforms (1) The Act does not apply to a self-propelled elevating work platform. self-propelled elevating work platform means a vehicle that— (a) is self-propelled; and (b) is used for construction, maintenance or warehouse operations; and

(c) is designed mainly for use outside a road or road related area; and (d) cannot travel faster than 10km/h; and (e) is being used for the purpose for which it was built; and (f) is not used for transport on a road or road related area other than for the purposes of loading or unloading the vehicle onto another vehicle or repositioning the vehicle at a work site.

Eligibility for registration Part 3.1

25 Registered operator of registrable vehicle (1) A person is eligible to be the registered operator of a registrable vehicle if the person is— (a) an individual who is at least the required age; or (b) a corporation. (2) However, the road transport authority may record a person in the registrable vehicles register as the registered operator of a registrable vehicle even if the person is under the required age. (3) A person recorded in the registrable vehicles register under subsection (2) as the registered operator of a registrable vehicle is, for this regulation (including renewal of registration), taken to have been eligible to be the registered operator of the vehicle. required age means— (a) for a heavy vehicle—18 years; or (b) for a motorbike—16 years 9 months; or (c) for any other light vehicle—16 years.

26 Eligible vehicles (1) A registrable vehicle is eligible to be registered without conditions if— (a) the vehicle complies with the applicable vehicle standards; and (b) the Motor Accident Injuries Act 2019, chapter 6 (Motor accident injuries insurance) and the Duties Act 1999 are complied with in relation to the vehicle; and (c) the vehicle is owned by, or is under the management of, a person who is eligible to be the registered operator of the vehicle. (2) However, the road transport authority may refuse to register a registrable vehicle if satisfied that— (a) the vehicle has been registered in another jurisdiction; and (b) the registration in the other jurisdiction has been cancelled or suspended; and (c) the reason for the cancellation or suspension still exists.

27 Who may apply for registration? (1) Application for registration of a registrable vehicle may be made by— (a) an individual who is eligible to be the registered operator of a registrable vehicle; or (b) an agent of— (i) an individual who is eligible to be the registered operator of a registrable vehicle; or (ii) a corporation. (2) If an application for registration of a registrable vehicle is made by an agent, the road transport authority may register the vehicle only if the agent produces— (a) evidence of the agent’s identity in a form acceptable to the authority; and (b) a document evidencing the authority of the agent to act as agent of the individual or corporation seeking registration as the registered operator. (3) If 2 individuals are seeking registration as registered operators of the same light vehicle, either of them may make an application under this section on behalf of both of them if the road transport authority is satisfied that the person making the application is acting as the agent of the other person.

(4) If 2 individuals are seeking to be recorded as registered operators of a light vehicle through an application made by an agent— (a) only 1 agent can act on behalf of both of them; and (b) the agent must produce a document mentioned in subsection (2) (b) from each of them. Note Section 162 makes provision for the respective rights, liabilities and obligations of multiple registered operators of a registrable vehicle. (5) Only 1 person may apply to be recorded, or be recorded, as registered operator of a heavy vehicle. Note Under s 162, 2 individuals may be recorded as registered operators of a light vehicle.

28 Information that may be required for registration application The road transport authority may require an applicant for registration of a registrable vehicle to give to the authority, in the application form or otherwise, information about— (a) for an individual seeking to be recorded (or on whose behalf an agent is seeking to be recorded) as the registered operator of the registrable vehicle—the individual’s identity and home address; and (b) for a corporation seeking to be recorded (or on whose behalf an agent is seeking to be recorded) as the registered operator of the registrable vehicle—the corporation’s identity and business address; and (c) an address for the service of notices; and (d) for 2 individuals seeking to be recorded as registered operators of the same light vehicle—the name and address of the individual who is to be the contact person for the service of notices under the road transport legislation in relation to the

(e) the proposed garage address of the vehicle; and (f) fees, charges, premiums and other amounts relating to the vehicle or its registration that are payable under the Road Transport (General) Act 1999 and the Duties Act 1999; and (g) anything else relevant to the decision whether to register the vehicle or to record an individual or corporation in the register as the registered operator of the vehicle.

29 Supporting evidence for registration application The road transport authority may require an applicant for registration of a registrable vehicle to provide evidence, in the form required by the authority, confirming— (a) the identity of anyone seeking to be recorded as the registered operator of the vehicle; and (b) how the vehicle came into the ownership, or under the management, of the person; and (c) the proposed garage address of the vehicle; and (d) the vehicle complies with the applicable vehicle standards; and (e) if the vehicle does not comply with the applicable vehicle standards—the acceptability of the vehicle for registration; and (f) if the vehicle is a heavy vehicle—the vehicle’s nominated configuration; and (g) any other information reasonably required by the authority to decide the application.

30 Giving authority registration application and supporting evidence An applicant for registration of a registrable vehicle must give the road transport authority— (a) an application for registration and any information required by the authority under section 28 for the application; and (b) any supporting evidence required by the authority under section 29.

31 Duration of registration (1) A registrable vehicle may be registered— (a) for a vehicle other than a seasonal vehicle—for 1 year; or (b) for a seasonal vehicle—for 9 months; or (c) for any vehicle—for 3 or 6 months. Note Seasonal vehicle is defined in the dict. (2) An applicant for registration of a registrable vehicle must nominate a period mentioned in subsection (1) that relates to the vehicle. (3) However, an applicant may nominate, and the road transport authority may approve, a different period of registration for a vehicle. The authority may approve a different period of registration to achieve a common registration expiry day for vehicles in a fleet. (4) The road transport authority may declare a kind of vehicle to be a seasonal vehicle. Examples of kinds of vehicles that may be declared to be seasonal vehicles 1 vehicles used in primary production 2 heavy vehicles (5) A declaration under subsection (4) is a disallowable instrument.

32 Deciding applications for registration—general Note For applications for the renewal of a registration, see s 68. (1) The road transport authority may refuse to approve an application for registration of a registrable vehicle if— (a) the vehicle is not an eligible vehicle; or (b) the applicant has not complied with a requirement of the road transport legislation in relation to the registration of the vehicle (including a requirement to pay a fee, charge or other amount); or (c) the authority believes on reasonable grounds that— (i) the vehicle, or a part of the vehicle, is or may be stolen; or (ii) information given in, or in relation to, the application for registration is false, misleading or incomplete in a material particular; or (iii) there are unpaid fines or financial penalties resulting from the use of the vehicle in Australia; or (iv) the vehicle is being used for an unlawful purpose; or (v) words or images that a reasonable adult would consider indecent, insulting or offensive are displayed on an area of the vehicle greater than 297mm x 105mm; or (vi) the vehicle is subject to a compulsory recall notice or voluntary recall notice; or (d) the authority is not satisfied that the vehicle’s garage address is in the ACT; or (e) the applicant has failed to comply with a territory law about certificates of inspection of registrable vehicles; or (f) the application may otherwise be refused under this regulation.

(2) The road transport authority must refuse to approve an application for the registration of a registrable vehicle if— (a) the authority is required to refuse to approve the application for a vehicle’s registration under— (i) section 32A (Deciding applications for registration— written-off vehicles); or (ii) section 32B (Deciding applications for registration— taxis); or (b) an order of a court in Australia prevents the vehicle’s registration, and the authority has been told about the order. (3) If the road transport authority approves an application by or on behalf of a person for registration of a registrable vehicle, the authority must register the vehicle in the name of the person as the registered operator. (4) For subsection (1)— (a) a vehicle is subject to a compulsory recall notice if a recall notice has been issued under the Australian Consumer Law (ACT), section 122 (Compulsory recall of consumer goods) in relation to the vehicle or a part of the vehicle; and (b) a vehicle is subject to a voluntary recall notice if— (i) a person has voluntarily recalled the vehicle or a part of the (ii) the recall has been published on a website under the Australian Consumer Law (ACT), section 128 (Notification requirements for a voluntary recall of consumer goods); and (iii) the road transport authority is satisfied the recall relates to a significant road safety risk; and

(iv) reasonable steps have not been taken in relation to the vehicle or part to address the road safety risk.

32A Deciding applications for registration—written-off (1) This section applies in relation to an application for the registration of a registrable vehicle if the vehicle identifier for the vehicle is the same as the vehicle identifier for a vehicle that is recorded as having been written-off (the relevant record) in— (a) the written-off vehicles register; or (b) an approved corresponding WOVR and the road transport authority has notice of the relevant record in the corresponding register. (2) If the relevant record indicates that the vehicle is a statutory write-off, the road transport authority must refuse to approve the application for (3) If the relevant record indicates that the vehicle is a repairable write-off, the road transport authority must refuse to approve the application for the vehicle’s registration unless the authority is satisfied that— (a) the vehicle is the original vehicle to which the vehicle identifier was assigned; and (b) the vehicle was a registered vehicle when it became a written-off Note 1 A vehicle is a registered vehicle if it is registered in the ACT under the Road Transport (Vehicle Registration) Act 1999. Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (c) the vehicle complies with the applicable vehicle standards.

(4) However, subsection (3) does not apply if the vehicle has been re-registered, or the vehicle’s registration has been renewed, since the relevant record was made. repairable write-off—see the Road Transport (General) Regulation 2000, section 20. statutory write-off—see the Road Transport (General) Regulation 2000, section 22. 32AA Deciding applications for registration—public passenger (1) This section applies if the road transport authority is deciding an application for registration of a registrable vehicle as 1 of the following kinds of public passenger vehicle: (a) a public bus; (b) a taxi; (c) a hire car; (d) a demand responsive service vehicle. Note 1 A rideshare vehicle is also a public passenger vehicle but it is not required to be registered as a rideshare vehicle. Note 2 A light rail vehicle is also a public passenger vehicle but is not a registrable vehicle (see Act, dict, def registrable vehicle). (2) The road transport authority may refuse to approve the application if the applicant— (a) is not the accredited operator of the vehicle; or (b) has failed to comply with a requirement under a territory law about the condition of the vehicle.

accredited operator, of a public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, section 110.

32B Deciding applications for registration––taxis Note For applications for the renewal of a registration, see s 68. (1) The road transport authority must refuse to approve an application for the 1st registration of the vehicle as a taxi if the vehicle is 6 years old or older. (2) The road transport authority must refuse to approve an application for (a) the vehicle is for use as a standard taxi; and (b) any of the following applies: (i) the vehicle has been used as a taxi for 6 years or more; (ii) the vehicle is 8 years old or older; (iii) the vehicle does not have seating for at least 4 adults (including the driver); (iv) the vehicle does not have at least 4 doors. (3) The road transport authority must refuse to approve an application for (a) the vehicle is for use as a single capacity wheelchair-accessible taxi; and (b) either–– (i) the vehicle has been used as a taxi for 8 years or more; or (ii) the vehicle is 10 years old or older.

(4) The road transport authority must refuse to approve an application for (a) the vehicle is for use as a dual capacity wheelchair-accessible taxi; and (b) either–– (i) the vehicle has been used as a taxi for 10 years or more; or (ii) the vehicle is 12 years old or older. (5) For this section, the age of a vehicle is measured starting 6 months after the end of the month stated— (a) if the vehicle is on the RAV—in the vehicle’s date of entry on the RAV; or (b) if the vehicle is not on the RAV but has an identification plate attached—on the vehicle’s identification plate. dual capacity wheelchair-accessible taxi means a wheelchair-accessible taxi that can accommodate 2 or more wheelchairs. single capacity wheelchair-accessible taxi means a wheelchair-accessible taxi that can accommodate 1 (but not more than 1) wheelchair. standard taxi means a taxi that is not a wheelchair-accessible taxi. wheelchair-accessible taxi––see the Road Transport (Public Passenger Services) Regulation 2002, dictionary.

33 Conditional registration (1) The road transport authority may register a registrable vehicle conditionally if— (a) the vehicle does not comply with an applicable vehicle standard; or Note Evidence of compliance with applicable vehicle standards is dealt with in s 112. (b) the authority considers it appropriate for another reason to register the vehicle conditionally. (2) The road transport authority may refuse to register a registrable vehicle conditionally under subsection (1) (a) if— (a) the vehicle is not on the RAV because it does not satisfy the requirements of the type approval pathway under the Road Vehicle Standards Act 2018 (Cwlth); or (b) the vehicle does not have its own operations or identification plate; or (c) no certificate of approved operations under section 114 (Installation of operations plates, modification of vehicles etc) has been issued or accepted by the authority for the vehicle. (3) In deciding the conditions to be imposed on the registration of a registrable vehicle that does not comply with an applicable vehicle standard, the road transport authority must take into account the nature and extent of the noncompliance. (4) The road transport authority may at any time vary or cancel the conditions imposed on the registration of a registrable vehicle.

(5) The road transport authority must tell the registered operator in writing of the conditions, or a change in the conditions, applying to the registration of a registrable vehicle. (6) A condition, or a change in the conditions, applying to the registration of a registrable vehicle takes effect when the road transport authority tells the registered operator in writing about the condition or change. (7) A person who is not the registered operator of a vehicle must not use, or, if in charge of the vehicle, permit the use of, a vehicle that is conditionally registered in contravention of a condition of Maximum penalty (for subsection (7)): 20 penalty units. Note It is an offence under the Act, s 21 (3) (Obligations of registered operator), for a registered operator of a registrable vehicle to fail to comply with a condition of registration for the vehicle.

The registrable vehicles register Part 3.3

34 General information to be recorded in register If the road transport authority registers a registrable vehicle, the authority must record in the registrable vehicles register, in relation to the vehicle— (a) the identification details of the vehicle; and (b) the vehicle’s garage address; and (c) if the registered operator is an individual—the individual’s name, home address, and address for the service of notices (if any); and (d) if the registered operator is a corporation—the corporation’s name, business address, and address for the service of notices (if any); and (e) the expiry date of the registration; and (f) if the vehicle is conditionally registered—the conditions of registration; and (g) the vehicle’s GVM (if applicable); and (h) the vehicle’s GCM (if applicable); and (i) the vehicle’s tare mass; and (j) for a heavy vehicle—the vehicle’s nominated configuration; and (k) the vehicle’s registration charge category; and (l) if an MAI policy or compulsory third-party insurance policy under a law of a jurisdiction other than the ACT has been issued for the vehicle—the name of the insurer that issued the policy and the expiry date of the policy.

35 Other information that may be recorded in register The road transport authority may record in the registrable vehicles register other information for— (a) the purposes of the road transport legislation; or (b) the purposes of any other territory law; or (c) any other purpose the authority considers appropriate.

36 Recording of dealing restrictions (1) Without limiting section 35, the road transport authority may record information in the registrable vehicles register to identify a dealing restriction for a registrable vehicle. (2) Despite any other provision of this regulation, if a dealing in relation to a registrable vehicle contravenes a dealing restriction recorded in the registrable vehicles register for the vehicle, the road transport authority may— (a) if the dealing requires the authority’s approval—refuse to approve the dealing; and (b) refuse to record details of the dealing in the register; and (c) refuse to exercise any other function in relation to the dealing. dealing, in relation to a registrable vehicle, means— (a) registering the vehicle; or (b) renewing the registration of the vehicle; or (c) transferring the vehicle’s registration. dealing restriction, for a registrable vehicle, means a condition on the registration of the vehicle restricting dealing in relation to the vehicle.

The registrable vehicles register Part 3.3

37 Changes in description or configuration to be recorded (1) If the registered operator of a registrable vehicle tells the road transport authority in writing about a change in a registrable vehicle’s description or nominated configuration recorded in the registrable vehicles register, the authority must record the change in the register unless satisfied that the information is false. (2) The road transport authority may require evidence, in a form acceptable to the authority, confirming that the change has happened.

38 Register to record information over previous 2 years The road transport authority must ensure that the registrable vehicles register contains details of all registrable vehicles that are currently registered, or that have been registered within the previous 2 years.

39 Searches of registrable vehicles register etc The registered operator of a registrable vehicle may— (a) inspect information in the registrable vehicles register in relation to the vehicle; and (b) obtain a certificate of the information.

40 Registration certificates (1) If the road transport authority registers a registrable vehicle, the authority must issue a registration certificate for the vehicle and give it to the registered operator. (2) A registration certificate for a vehicle must include— (a) the registered operator’s name; and (b) the address (if any) for the service of notices on the registered operator of the vehicle; and (c) the vehicle’s garage address; and (d) the vehicle’s registration number; and (e) the vehicle’s make; and (f) the vehicle’s model or body type (whichever is more descriptive); and (g) the vehicle’s VIN or, if there is no VIN, any chassis number and engine number of the vehicle; and (h) the vehicle’s GVM (if applicable); and (i) the vehicle’s GCM (if applicable); and (j) the vehicle’s tare mass; and (k) for a heavy vehicle—the vehicle’s nominated configuration, and registration charge category (shown by a code approved by the authority); and (l) for a light vehicle—the registration charge category (shown by a code approved by the authority); and (m) the expiry date of the registration; and

Registration documents Part 3.4 (n) if the vehicle is conditionally registered—the registration conditions. Note A list of the codes used in registration certificates (and their meanings) can be obtained from the authority. (3) The road transport authority may also include in the registration certificate any other information the authority considers appropriate.

41 Damaged registration certificates (1) If the registration certificate for a vehicle becomes damaged in a material respect, the registered operator must, as soon as is practicable (but within 14 days) after discovering the damage— (a) tell the road transport authority about the damage; and (b) return the certificate to the authority. (2) If the registered operator returns the registration certificate under this section, the road transport authority may issue a replacement registration certificate to the operator. (3) For this section, a registration certificate becomes damaged in a material respect if anything required to be included on the certificate under section 40 (2) (Registration certificates) is missing or cannot be readily read.

42 Lost, stolen or destroyed registration certificates (1) If a registration certificate for a vehicle is lost, stolen or destroyed, the registered operator must, as soon as practicable (but within 14 days) after discovering the loss, theft or destruction, tell the road transport authority about the loss, theft or destruction.

(2) If the registered operator tells the road transport authority about the loss, theft or destruction of the registration certificate, the authority may, by written notice given to the operator, require the operator to provide to the authority, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction. notice given to the person under subsection (2). (4) If the road transport authority is satisfied that the registration certificate for a vehicle has been lost, stolen or destroyed, the authority may issue a replacement registration certificate to the registered operator.

43 Recovery of lost or stolen registration certificates If the registered operator of a vehicle recovers the vehicle’s lost or stolen registration certificate, the operator must, as soon as practicable (but within 14 days) after recovering the certificate— (a) tell the road transport authority about the recovery of the certificate; and (b) give the certificate to the authority unless the authority tells the operator that the certificate need not be given to the authority.

Registration documents Part 3.4

45A Streamlined registration procedures (1) This section applies if the road transport authority— (a) sends the registered operator of a registrable vehicle a registration certificate (the prospective registration certificate) for a future period for the vehicle; and (b) invites the registered operator to renew the registration of the (2) The prospective registration certificate is not issued by the road transport authority as a registration certificate until the appropriate fee determined for the registration mentioned in the certificate has been paid. (3) If the prospective registration certificate has not been issued by the road transport authority as a registration certificate, a person must not use the prospective registration certificate to pretend to have (4) If the road transport authority issues a registration certificate for a registrable vehicle, for a period completely or partly covered by the prospective registration certificate for the vehicle, the prospective registration certificate cannot be issued and may be destroyed without notice to the authority under section 42 (Lost, stolen or destroyed registration certificates).

46 Definitions for pt 3.5 owner, of a prescribed right to a non-standard registration number, means— (a) the person entitled to the right; or (b) if 2 people are entitled to the right—each of those people. plate-holder, of a numberplate, means— (a) for a trader’s plate—the person issued with the plate; or (b) for any other numberplate—the registered operator of the registrable vehicle for which the numberplate is issued. prescribed right, to a non-standard registration number, means a right to the number sold under section 54 (Selling rights to non-standard registration numbers). right, to a non-standard registration number, means the exclusive right to be given the number as a registration number.

47 Determination of non-standard registration numbers (1) The road transport authority may determine that a number is a non- standard registration number.

48 Application of pt 3.5 to trader’s plates This part (except division 3.5.6 (Damaged, lost, stolen and destroyed numberplates)) does not apply to trader’s plates. Note Pt 5.2 provides for the issue and use of trader’s plates.

Issue of numberplates generally Division 3.5.2

49 Vehicle numberplates (1) If the road transport authority registers a registrable vehicle, the authority must give a distinguishing registration number to the (2) The road transport authority must issue— (a) for a motor vehicle registered by the authority (other than a motorbike or motortrike)—2 vehicle numberplates with the vehicle’s registration number; and (b) for a motorbike, motortrike or trailer registered by the authority—at least 1 vehicle numberplate with the registration number of the motorbike, motortrike or trailer; and (c) for any other registrable vehicle registered by the authority—the number of vehicle numberplates the authority considers appropriate with the vehicle’s registration number. (3) This section does not require the road transport authority to— (a) give a distinguishing registration number if the vehicle already has a distinguishing registration number; or (b) issue vehicle numberplates with the vehicle’s registration number if the vehicle already has the required number of numberplates with the vehicle’s registration number.

50 Bicycle rack numberplates (1) The registered operator of a registered motor vehicle (other than a motorbike or motortrike) may apply to the road transport authority for the issue of a bicycle rack numberplate for the vehicle in addition to the vehicle numberplates issued for the vehicle.

(2) If the registered operator applies under subsection (1), the road transport authority may issue a bicycle rack numberplate with the same number as the vehicle’s registration number to the registered operator. (3) For this regulation— (a) a bicycle rack numberplate issued to the registered operator of a motor vehicle is taken to be issued for use for that vehicle; and (b) a bicycle rack numberplate displayed, under this regulation, on a bicycle rack on a motor vehicle is taken to be attached to the (c) in deciding whether a bicycle rack numberplate has the same number as the registration number of a motor vehicle only the registration number given to the vehicle is to be considered, and any additional material on any vehicle numberplate of the vehicle, or on the bicycle rack numberplate, is to be disregarded.

51 Dimensions, layout etc of numberplates (1) The road transport authority may determine the dimensions, layout and other characteristics with which numberplates must comply.

52 Authority may change registration number (1) The road transport authority may change the registration number given to a registered vehicle. (2) Without limiting subsection (1), the road transport authority may change the registration number given to a registered vehicle if the authority considers that⎯ (a) there is an error of any kind in a numberplate issued for the vehicle; or

Non-standard registration numbers Division 3.5.3 (b) there has been an error of any kind in the issuing of a numberplate for the vehicle; or (c) the numberplate should not have been issued for any other reason. (3) If the road transport authority changes the registration number of a registered vehicle under this section, the authority may, by written notice given to the registered operator, require the operator to return to the authority, within the period stated in the notice, the numberplates issued for the vehicle. notice given to the person under subsection (3). (5) If the registered operator of a vehicle returns a numberplate under this section, the road transport authority must issue a replacement numberplate to the operator.

53 Nature of prescribed rights A prescribed right to a non-standard registration number is personal property.

54 Selling rights to non-standard registration numbers (1) The road transport authority may, on behalf of the Territory, sell rights to non-standard registration numbers in the way, and at the times, the authority considers appropriate. (2) Subsection (1) does not apply to a non-standard registration number for which a person has a prescribed right. (3) The road transport authority must decide in writing the conditions on which rights may be sold and the conditions subject to which rights may be exercised.

(4) Without limiting subsection (3), a right may be sold on conditions that allow the road transport authority, on behalf of the Territory, to extend the term of the right on application by the owner of the right.

55 Assignment of rights (1) A prescribed right may only be assigned if the road transport authority approves the assignment of the right to the proposed assignee. (2) If the owner of a prescribed right applies to the road transport authority to approve a proposed assignment of the right to someone, the road transport authority must, by written notice to the owner, approve the assignment of the right to the proposed assignee.

56 Storage of non-standard registration numbers (1) The road transport authority may store a numberplate with a non- standard registration number on behalf of the owner of the prescribed right to the number. (2) The road transport authority must decide in writing the conditions on which numberplates may be stored.

57 Power to cancel right to non-standard registration number (1) The road transport authority may cancel a prescribed right to a non- standard registration number by written notice given to the owner of the right. (2) If the road transport authority cancels a right to a non-standard registration number and the owner of the right had 1 or more numberplates with the non-standard number, the owner of the right must return the numberplates to the authority within the time mentioned for return in the notice.

(3) If the road transport authority cancels a right, the owner of the right is entitled to reasonable compensation as agreed between the owner and the authority or, if they cannot agree within a reasonable time, as decided by a court of competent jurisdiction.

58 Hire of non-standard numberplates (1) The road transport authority may hire out numberplates that display non-standard registration numbers. (2) The road transport authority must decide in writing the terms on which the numberplates may be hired out.

59 Display of numberplates (1) The registered operator of a registered vehicle must ensure that a vehicle numberplate issued for the vehicle is securely attached to the vehicle so that (if the vehicle is on level ground)— (a) the numberplate is— (i) upright and substantially parallel to the vehicle’s axles; and (ii) not over 1.3m above ground level; and (b) the numbers on the numberplate are clearly visible from a distance of 20m at any point within an arc of 45° from the surface of the numberplate above and to either side of the vehicle, as shown in diagram 59.1, figures 1 and 2 (for heavy vehicles) and diagram 59.2, figures 1 and 2 (for light vehicles); and (c) any cover on the numberplate— (i) is clear, clean, untinted and flat over the surface of the numberplate; and

(ii) has no reflective or other characteristics that would prevent the successful operation of a traffic offence detection device. Diagram 59.1 Heavy vehicles

Diagram 59.2 Light vehicles (2) Subsection (1) applies to a vehicle operating as a stand-by taxi as if the reference to a numberplate issued for the vehicle were a reference to the numberplate issued for the usual taxi. (3) The registered operator of a registered vehicle must ensure that— (a) for a motor vehicle (other than a motorbike or motortrike)—1 numberplate is attached to the front of the vehicle and another to its rear; and (b) for a motorbike, motortrike or trailer—at least 1 numberplate is attached to its rear.

(4) Subsections (1) (a) and (b) and (3) (a) and (b) do not apply to a vehicle numberplate of a registrable vehicle if— (a) because of the construction of the vehicle, it is not practicable to comply with the paragraphs; and (b) the numberplate is attached in a way that complies as far as practicable with the paragraphs. (5) Subsection (1) (b) does not apply to the rear vehicle numberplate of a registrable vehicle if— (a) the rear numberplate of the registrable vehicle is obscured by a vehicle that is being towed by the registrable vehicle; and (b) the towed vehicle displays a rear numberplate in accordance with subsections (1) and (3) or, if the towed vehicle is not required to display a rear numberplate, the registration number of the registrable vehicle is displayed at the rear of the towed vehicle in a way that complies as far as practicable with subsections (1) and (3). (6) The road transport authority may exempt a vehicle or person from a provision of this section. (7) If an exemption under this section is given subject to conditions, the exemption applies only if all the conditions of the exemption are complied with. stand-by taxi—see the Road Transport (Public Passenger Services) Regulation 2002, section 109 (1). traffic offence detection device—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. usual taxi—see the Road Transport (Public Passenger Services) Regulation 2002, section 109 (1).

60 Using vehicle without numberplate etc (1) A person must not use a registrable vehicle on a road or road related area if— (a) the vehicle does not have the numberplates or numberplate required under this division attached to it; or (b) a numberplate attached to the vehicle is not attached in accordance with this division; or (c) a numberplate attached to the vehicle is illegible. (2) The responsible person for a vehicle used by someone else in contravention of subsection (1) also commits an offence if the person failed to take reasonable precautions to prevent the contravention. (3) This section does not apply to a vehicle if— (a) an unregistered vehicle permit is in force for the vehicle; or (b) a trader’s plate is attached to the vehicle. (4) For this section, a numberplate is illegible if anything required to be included on the numberplate cannot, for any reason, be readily read. (5) For subsection (4), a number on the numberplate is taken not to be readily readable if the number is not clearly visible as required by section 59 (1) (b) (Display of numberplates).

Division 3.5.5 Swapping, transfer and exchange of numberplates Division 3.5.5 Swapping, transfer and exchange of numberplates 61 Swapping of numberplates The road transport authority may approve the swap of numberplates between registrable vehicles.

62 Transfer of numberplate to another vehicle The road transport authority may transfer the numberplates of a registrable vehicle (the giving vehicle) to another registrable vehicle (the receiving vehicle) if— (a) the registration of the giving vehicle was cancelled following approval of an application to surrender its registration; and (b) if the giving vehicle has 1 registered operator—the same person is (or is to be) the registered operator of the receiving vehicle; and (c) if the giving vehicle has 2 registered operators—the authority is satisfied that each registered operator who can agree to the transfer does agree; and (d) if the receiving vehicle has 2 registered operators—the authority is satisfied that each registered operator who can agree to the transfer does agree.

63 Exchange of numberplates (1) If the registered operator of a registered vehicle surrenders the numberplates issued for the vehicle to the road transport authority, the authority may issue numberplates with a different registration number for the vehicle.

Damaged, lost, stolen and destroyed numberplates Division 3.5.6 (2) If the road transport authority is satisfied that 1 or more of the numberplates issued for the vehicle have been lost, stolen or destroyed, the authority may act under subsection (1) even though the numberplate or numberplates have not been surrendered.

Division 3.5.6 Damaged, lost, stolen and destroyed numberplates

64 Damaged numberplates (1) If a numberplate becomes damaged in a material respect, the plate- holder must, as soon as is practicable (but within 14 days) after discovering the damage— (a) tell the road transport authority about the damage; and (b) return the numberplate to the authority and, unless otherwise approved by the authority, any other numberplate with the same registration number. (2) If the plate-holder returns a numberplate under this section, the road transport authority may issue a replacement numberplate with the same distinguishing number to the plate-holder. (3) For this section, a numberplate becomes damaged in a material respect if anything required to be included on the numberplate is missing or cannot be readily read. (4) For subsection (3), a number on the numberplate is taken not to be readily readable if the number is not clearly visible as required by section 59 (1) (b) (Display of numberplates).

Division 3.5.6 Damaged, lost, stolen and destroyed numberplates

65 Lost, stolen or destroyed numberplates (1) If a vehicle numberplate is lost, stolen or destroyed, the plate-holder must, as soon as practicable (but within 14 days) after discovering the loss, theft or destruction— (a) tell the road transport authority about the loss, theft or destruction; and (b) return to the authority any other numberplate issued to the plate- holder with the same distinguishing number unless it has also been lost, stolen or destroyed. (2) If a bicycle rack numberplate is lost, stolen or destroyed, the plate- holder must, as soon as practicable (but within 14 days) after discovering the loss, theft or destruction, tell the road transport authority in writing about the loss, theft or destruction. (3) If the plate-holder for a numberplate tells the road transport authority about the loss, theft or destruction of the numberplate, the authority may, by written notice given to the plate-holder, require the plate- holder to provide to the authority, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction. notice given to the person under subsection (3). (5) If the road transport authority is satisfied that a vehicle numberplate has been lost, stolen or destroyed, the authority may issue replacement numberplates with the same or a different distinguishing number to the plate-holder.

Damaged, lost, stolen and destroyed numberplates Division 3.5.6 (6) If the road transport authority is satisfied that a bicycle rack numberplate has been lost, stolen or destroyed, the authority may issue a replacement numberplate with the same distinguishing number to the plate-holder.

66 Recovery of lost or stolen numberplates If the plate-holder of a lost or stolen numberplate recovers the numberplate, the plate-holder must, as soon as practicable (but within 14 days) after recovering the numberplate— (a) tell the road transport authority about the recovery of the numberplate; and (b) give the numberplate to the authority unless the authority tells the plate-holder that the numberplate need not be given to the

67 Notice of renewal for registration (1) A notice of renewal for the registration of a registered vehicle is a notice— (a) addressed to the registered operator of the vehicle; and (b) stating that the vehicle’s registration will expire if it is not renewed on or before a date stated in the notice. (2) If the road transport authority fails to send a notice of renewal for the registration of a registered vehicle, or the notice is not received by the registered operator of the vehicle, the failure or nonreceipt does not affect— (a) the expiry of the vehicle’s registration; or (b) the obligation of the operator to renew the vehicle’s registration if the operator intends the vehicle to be used on a road or road related area after the expiry of its existing registration. (3) The road transport authority is not required to send a notice of renewal for the registration of a seasonal vehicle. (4) The road transport authority may include information or material not related to vehicle registration with notices of renewal sent to registered operators if satisfied on reasonable grounds that providing the information or material is in the public interest. Example—information or material that may be provided in the public interest promotional information or material that is part of a public awareness campaign on a health or safety issue

68 Renewal of registration (1) The registered operator of a registered vehicle may apply to the road transport authority to renew the registration of the vehicle.

Renewal of registration Part 3.6 (2) The registration of a registered vehicle may be renewed not more than 1 year after its expiry. (3) Subsection (2) does not have the effect of enabling a registrable vehicle to be retrospectively registered. (4) The registration of a registrable vehicle may be renewed— (a) for a vehicle other than a seasonal vehicle—for 1 year; or (b) for a seasonal vehicle—for 9 months; or (c) for any vehicle—for 3 or 6 months. Note The renewal of registration of a seasonal vehicle may be restricted under s 68A (2). (5) However, the road transport authority may approve a different period of renewal nominated by the registered operator. (6) If the registered operator wishes to renew the registration for a period different from the current registration period, the operator must nominate the proposed renewal period in accordance with subsections (4) and (5). (7) The road transport authority may require the registered operator to give to the authority information or supporting evidence that the authority could require from an applicant for registration. Note See s 28 (Information that may be required for registration application) and s 29 (Supporting evidence for registration application) for the kind of information or evidence the authority may require. (8) The road transport authority must renew the registration of the vehicle if the registered operator complies with this section. (9) However, the road transport authority— (a) may refuse to renew the registration if the authority could have refused, under section 32 (1) (Deciding applications for registration—general), to approve an application by the registered operator for the registration of the vehicle; and

(b) must refuse to renew the registration if the authority is required to refuse to approve the application for a vehicle’s registration under— (i) section 32A (Deciding applications for registration— written-off vehicles); or (ii) section 32B (Deciding applications for registration— taxis). (10) Despite subsection (9) (b), the road transport authority may renew the registration of a vehicle recorded as a statutory write-off in the written-off vehicles register or an approved corresponding WOVR if— (a) the vehicle has been registered, or the vehicle’s registration has been renewed, in the ACT after the record was made and before 28 January 2003; and (b) the authority is satisfied that— (i) the vehicle is the original vehicle to which the vehicle’s vehicle identifier was assigned; and (ii) the vehicle complies with the applicable vehicle standards.

68A Seasonal vehicles—maximum registration renewal period (1) The road transport authority may declare the maximum period for which a seasonal vehicle may be registered in any 12 month period. (2) The registration of a seasonal vehicle must not be renewed for the period mentioned in section 68 (4) (b) or (c) if renewal for the period would mean the vehicle was registered for more than the maximum period. (3) A declaration under subsection (1) is a disallowable instrument.

General obligations of registered operators Part 4.1

Part 4.1 General obligations of registered operators

69 Obligation to notify change of name or address etc if— (a) the vehicle’s garage address changes; or (b) the operator is an individual and the individual has changed his or her name or home address or address for service of notices; or (c) the operator is a corporation and the corporation has changed its name or business address or address for service of notices. (2) The registered operator must tell the road transport authority about the change— (a) orally not later than 14 days after the change; and (b) if the authority asks the operator to tell the authority about the change in writing—in writing within the period (not less than 14 days) required by the authority.

71 Obligations in relation to changed vehicles if the vehicle has been changed in a way that changes the description of the vehicle from the description on the vehicle’s registration certificate.

Part 4.1 General obligations of registered operators (2) The registered operator must tell the road transport authority in writing about the change as soon as possible (but within 14 days) after the change. (3) If the vehicle has been changed in a way that would incur liability for an additional fee, charge or other amount under the Road Transport (General) Act 1999, the registered operator must ensure that the vehicle is not used on a road or road related area until— (a) the road transport authority has been told about the change in writing; and (b) the amount has been paid.

72 Verification of register and monitoring of compliance (1) If the road transport authority suspects on reasonable grounds that information in the register in relation to a registered vehicle may be inaccurate or misleading, the authority may, by written notice given to the registered operator, require the operator to provide evidence to the authority, in a stated form, about anything relevant to the registration or continued registration of the vehicle, including— (a) the vehicle’s identification details; and (b) the vehicle’s garage address; and (c) if the operator is an individual—the individual’s name, home address, and address for the service of notices (if any); and (d) if the operator is a corporation—the corporation’s name, business address, and address for the service of notices (if any); and (e) the vehicle’s registration charge category.

General obligations of registered operators Part 4.1 (2) The notice may require the person to— (a) provide a stated document that is in the person’s possession or control for inspection; or (b) produce the vehicle for inspection at a stated time and place. (3) If a person who is required to produce a vehicle for inspection under this section asks the road transport authority for a change to the time or place stated in the notice, the authority must consider the request and may, by written notice given to the person, change the time or place in accordance with the request. Maximum penalty (for subsection (4)): 20 penalty units.

73 Obligations of disposers (1) A person, or the agent of a person, who disposes of a registered vehicle must, immediately after disposing of the vehicle— (a) fill in an application for transfer of registration form as disposer and sign it; and (b) give the completed form to the person who has acquired the vehicle (the acquirer). (2) The person commits an offence if the person, or the agent of the person, does not give the completed form to the acquirer as required by subsection (1). (3) This section and section 74 (1) (Obligations of acquirers) do not apply to— (a) a passing of possession of a vehicle— (i) under a hiring, other than a hiring under a hire-purchase agreement, for not longer than 3 months; or (ii) under a lending, other than a lending under a lease agreement, for not longer than 3 months; or (iii) to an agent for sale or disposal; or (iv) to a bailee for alteration, repair, renovation, garaging, storing or a similar purpose not involving the use of the vehicle for the benefit of the bailee; or (b) the transfer of a vehicle under an order of a court in Australia or any other legal process.

74 Obligations of acquirers (1) A person, or the agent of a person, who acquires a registered vehicle must, not later than 14 days after acquiring the vehicle— (a) fill in as the acquirer the form received from the disposer as mentioned in section 73 (1) (Obligations of disposers) and sign it; and (b) give the completed form to the road transport authority with any duty payable under the Duties Act 1999 for the transfer of (2) The person commits an offence if the person, or the agent of the person, does not give the completed form with the amount of the duty (if any) to the road transport authority as required by subsection (1). (3) If a registered vehicle is acquired under an order of a court in Australia or any other legal process, the person, or the agent of the person, who acquires the vehicle must, not later than 14 days after acquiring the vehicle— (a) fill in a form telling the road transport authority about the court order or other legal process and sign it; and (b) give the completed form to the authority with any duty payable under the Duties Act 1999 for the transfer of registration of the (4) The person commits an offence if the person, or an agent of the person, does not give the completed form with the amount of the duty (if any) to the road transport authority as required by subsection (3).

75 Interim entry about disposal of vehicle If the road transport authority is told by the registered operator of a registered vehicle that the vehicle has been disposed of, the authority may make an entry in the register to that effect until the application for transfer of the vehicle is received.

76 Repossession and restoration (1) If the holder of a security interest in a registered vehicle takes possession of the vehicle, or returns possession of the vehicle to the registered operator, the holder must, not later than 14 days after taking the action— (a) fill in a form telling the road transport authority about the action and sign it; and (b) give the completed and signed form to the authority with any duty payable under the Duties Act 1999 for the transfer of (2) The holder of the security interest commits an offence if the holder, or the agent of the holder, does not give the completed form with the amount of the duty (if any) to the road transport authority as required by subsection (1). security interest means an interest in, or a power over, goods that secures payment of a debt or other financial obligation or the performance of any other obligation, and includes any interest in, or power over, goods of a lessor, owner or other supplier of goods, but does not include a possessory lien or pledge.

77 Transfer on death of registered operator (1) This section applies if the road transport authority is satisfied that the registered operator of a registered vehicle (the previous registered operator) has died. (2) The road transport authority may transfer the registration of the vehicle to a person (the first transferee) who applies to the authority for the transfer if— (a) the person satisfies the authority that the person is entitled to the transfer; and (b) for a vehicle that has 2 registered operators—the authority is satisfied that the surviving registered operator agrees to the transfer; and (c) the registration certificate for the vehicle is surrendered to the (3) The road transport authority may subsequently transfer the registration of the vehicle to someone (the second transferee) other than the first transferee if, while the first transferee is the registered operator of the vehicle, a person produces probate of the will or letters of administration granted to the person for the estate of the previous registered operator and applies to have the registration transferred to the second transferee. (4) If the road transport authority intends to transfer the registration of the vehicle to the second transferee, the authority may, by written notice given to the first transferee, require the first transferee to return to the authority, within a stated reasonable period, the vehicle’s registration certificate. (5) A person must not, without reasonable excuse, fail to comply with a notice given to the person under subsection (4).

77A Transfer of suspended registration (1) This section applies if— (a) a vehicle’s registration is suspended under section 85; and (b) the registration is suspended because a registration payment made by the registered operator is dishonoured; and Note 1 The Road Transport (General) Regulation 2000, s 16 and s 17 relate to dishonour notices and suspension notices for dishonoured payments of amounts payable under the road transport legislation. Note 2 The suspension period for a dishonoured payment is 14 days (see Road Transport (General) Regulation 2000, s 17). (c) a person acquires the vehicle; and (d) the road transport authority is satisfied on reasonable grounds that the person did not know, and could not reasonably be expected to have known, about the suspension when the person acquired the vehicle. (2) The person may apply to the road transport authority to re-establish (3) The application must— (a) nominate the registration period in accordance with section 31 (Duration of registration); and (b) be accompanied by the vehicle registration fee for the period. (4) On application, the road transport authority must— (a) cancel the vehicle’s registration and re-establish the registration for the period applied for; or (b) refuse the application.

(5) However— (a) section 78 applies to an application under this section as if it were an application to register the transfer of registration of a registrable vehicle; and (b) the road transport authority may refuse an application under this section only if allowed or required to refuse it under section 78. (6) If the road transport authority re-establishes the vehicle’s registration under subsection (4) (a), the person is not liable to pay a surcharge otherwise payable on re-establishing registration because the registration is cancelled.

78 When transfer of registration may or must be refused (1) The road transport authority may refuse an application to register the transfer of registration of a registrable vehicle if— (a) the vehicle is subject to a defect notice; or (b) the vehicle is registered on condition that it not be transferred; or (c) the applicant has not complied with the road transport legislation in relation to the transfer of the registration; or (d) the vehicle identifier for the vehicle is the same as the vehicle (e) the authority believes on reasonable grounds that the ownership, possession, control or description of the vehicle is uncertain; or

(f) the person acquiring the vehicle fails to— (i) provide a certificate of roadworthiness required by the authority; or (ii) comply with any requirement of the authority in relation to the inspection of the vehicle; or (g) the authority could have refused, under section 32 (1) (Deciding applications for registration—general), to have approved an application by the applicant for the registration of the vehicle; or (h) for a vehicle with 2 registered operators—the authority is not satisfied that both registered operators agree to the transfer; or (i) the authority is satisfied that the effective management of the vehicle has not changed. (2) However, the road transport authority may approve the application even if one of the parties to the transfer has not complied with a provision of this regulation in relation to the transfer. (3) The road transport authority must refuse to approve an application for the transfer of registration of a registered vehicle if an order of a court in Australia prevents the transfer of the vehicle’s registration, and the authority has been told about the order. (4) For subsection (1)— (a) a light vehicle is subject to a defect notice if— (i) a defect notice has been issued under section 159 (Issue of defect notices and formal warnings) for the vehicle that prohibits use of the vehicle or imposes conditions on the use of the vehicle; and (i) the notice has not been cleared under section 160 (Recording, clearance and withdrawal of defect notices); and

(b) a heavy vehicle is subject to a defect notice if— (i) a vehicle defect notice has been issued under the Heavy Vehicle National Law (ACT), section 526 (Issue of vehicle defect notice) for the vehicle that prohibits use of the vehicle or includes conditions (imposed under section 527 (2) (Requirements about vehicle defect notice)) on the use of the vehicle; and (i) the notice has not been cleared under the Heavy Vehicle National Law (ACT), section 530 (Clearance of vehicle defect notices).

79 Action on approval of application for transfer If the road transport authority approves an application to register the transfer of registration of a registered vehicle, the authority must record the details of the transfer in the register and issue a new registration certificate to the new registered operator.

80 Exemptions from pt 4.2 (1) The road transport authority may exempt a vehicle or person from a provision of this part. (2) If an exemption is given subject to conditions, the exemption applies only if all the conditions of the exemption are complied with.

81 Expiry of registration The registration of a registrable vehicle expires at the end of the day recorded in the register as the vehicle’s registration expiry day.

82 Return of numberplates if registration expires if the vehicle’s registration is not renewed before the expiry of the registered operator, require the operator to return the numberplates issued for the vehicle.

Part 4.4 Surrender, suspension and cancellation of registration

83 Surrender of registration by registered operator (1) The registered operator of a registered vehicle may apply to the road transport authority to surrender its registration. (2) The application may be made personally by the registered operator or by an agent who produces written evidence of his or her appointment as an agent. (3) The road transport authority may, by written notice given to the applicant, require the applicant to return the vehicle’s registration certificate, numberplates or both. (4) If the applicant complies with this section, the road transport authority must approve the application, and cancel the vehicle’s registration, unless the vehicle has 2 registered operators and the authority is not satisfied that both registered operators agree to the surrender. Note The Road Transport (General) Regulation 2000, s 14 provides for the refund of fees on surrender of registration.

84 Suspension or cancellation of registration (1) The road transport authority may suspend or cancel the registration of a registered vehicle under section 85 (Procedures for suspension and cancellation of registration) if the authority is satisfied on reasonable grounds that— (a) a defect notice issued for the vehicle has not been complied with and the date for compliance mentioned in the notice has expired; or

(b) the vehicle does not comply with the applicable vehicle standards; or (c) an amount payable under the Road Transport (General) Act 1999 or the Duties Act 1999 in relation to the vehicle has not been paid; or (d) the vehicle identifier for the vehicle is the same as the vehicle (e) words or images that a reasonable adult would consider indecent, insulting or offensive are displayed on an area of the vehicle greater than 297mm x 105mm; or (f) the vehicle is subject to a compulsory recall notice or voluntary recall notice; or (g) the ownership, possession, control or description of the vehicle as recorded in the register is uncertain; or (h) the vehicle has been registered in error; or (i) if the vehicle is a public passenger vehicle other than a rideshare (i) for a vehicle licensed as a taxi or hire car under the Road Transport (Public Passenger Services) Regulation 2002— the vehicle is no longer licensed as a taxi or hire car; or (ii) the registered operator of the vehicle is not accredited under the Road Transport (Public Passenger Services) Regulation 2002 to operate that public passenger vehicle; or

(iii) the vehicle is no longer operated as a public passenger Examples for par (i) (i)

1 The taxi licence has been transferred to someone else but the vehicle to which the licence relates has not been transferred to that person. 2 The taxi licence or hire car licence has been suspended or cancelled. Note A light rail vehicle is also a public passenger vehicle but is not a registrable vehicle (see Act, dict, def registrable vehicle). defect notice includes a vehicle defect notice under the Heavy Vehicle National Law (ACT), section 526 (Issue of vehicle defect notice). subject to a compulsory recall notice—see section 32 (4) (a). subject to a voluntary recall notice—see section 32 (4) (b).

85 Procedures for suspension and cancellation of registration (1) If the road transport authority proposes to suspend or cancel the registration of a registered vehicle (the proposed action), the authority must give the registered operator of the vehicle a written notice stating— (a) the proposed action; and (b) if the proposed action is to suspend the registration—the suspension period; and (c) the grounds for the proposed action; and (d) any action that must be taken by the operator to avoid or reverse the proposed action; and (e) the date when the suspension or cancellation takes effect (the date of effect); and

(f) if the proposed action is to cancel the registration—whether and, if so, by when the operator is required to return to the authority the vehicle’s registration certificate or the numberplates issued for the vehicle if the cancellation takes effect. (2) The notice must also state that, unless the notice is cancelled by the road transport authority before the date of effect— (a) if the proposed action is to suspend the vehicle’s registration— the vehicle must not be used on a road or road related area during the suspension period; or (b) if the proposed action is to cancel the vehicle’s registration—the vehicle must not be used on a road or road related area on or after the date of effect. (3) The notice may, but need not, provide an opportunity for the registered operator to make representations why the proposed action should not be taken. (4) The date of effect must not be earlier than 14 days after the notice is given to the registered operator. (5) However, the road transport authority may decide that the suspension or cancellation is to take effect on a date not earlier than the date when the notice is given to the registered operator if the authority is satisfied on reasonable grounds that— (a) a defect notice issued for the vehicle has not been complied with and the date for compliance mentioned in the notice has expired; or (b) the vehicle does not comply with the applicable vehicle standards; or (c) the vehicle identifier for the vehicle is the same as the vehicle

(d) the vehicle is a public passenger vehicle mentioned in section 84 (1) (i). (6) A person commits an offence if— (a) the person is the registered operator of a heavy vehicle; and (b) the registration of the heavy vehicle is cancelled; and (c) the person does not return the heavy vehicle’s registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (f). (7) A person commits an offence if— (a) the person is the registered operator of a vehicle other than a heavy vehicle; and (b) the registration of the vehicle is cancelled; and (c) the person does not return the vehicle’s registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (f). (8) Subsections (6) and (7) do not apply to a person if the person has a reasonable excuse for not returning the vehicle’s registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (f). Note The defendant has an evidential burden in relation to the matters mentioned in s (8) (see Criminal Code, s 58).

85A Re-establishment of cancelled registration (1) This section applies if— (a) a vehicle’s registration is cancelled under section 85; and (b) the registration is cancelled because a registration payment made by the previous registered operator is dishonoured; and Note The Road Transport (General) Regulation 2000, s 16 and s 19 relate to dishonour notices and cancellation notices for dishonoured payments of amounts payable under the road transport legislation. (c) a person acquires the vehicle; and (d) the road transport authority is satisfied on reasonable grounds that the person did not know, and could not reasonably be expected to have known, about the cancellation when the person acquired the vehicle. (2) The person may apply to the road transport authority to re-establish (3) On application, the road transport authority must— (a) re-establish the vehicle’s registration; or (b) refuse the application. (4) However— (a) section 32 (Deciding applications for registration—general) applies to an application under this section as if it were an application for registration of a registrable vehicle; and (b) the road transport authority may refuse an application under this section only if allowed or required to refuse it under section 32.

(5) If the road transport authority re-establishes the vehicle’s registration under subsection (3) (a), the person is not liable to pay a surcharge otherwise payable on re-establishing registration because the registration is cancelled. Note The Minister may determine a fee payable as a surcharge for the registration of a vehicle if the registration has lapsed or been cancelled (see Road Transport (General) Act 1999, s 96).

Chapter 5 Authorised uses of unregistered vehicles

86 Issue of unregistered vehicle permits etc (1) The road transport authority may issue an unregistered vehicle permit for a registrable vehicle if— (a) it would be unreasonable or impracticable to require the vehicle to be registered during the period of the permit; or (b) the vehicle has been driven to a place under section 22 (1) (Vehicles being driven to obtain registration etc) to obtain registration and registration has been refused. (2) An unregistered vehicle permit issued for a registrable vehicle authorises use of the vehicle, subject to the conditions (if any) stated in the permit, on— (a) any road or road related area; or (b) stated roads or road related areas. (3) An unregistered vehicle permit issued for a registrable vehicle expires— (a) if the vehicle is registered during the period of the permit— on registration of the vehicle; or (b) if the vehicle is not registered during the period of the permit— (i) if the permit states an expiry date and expiry time—at the stated time on the stated date; or (ii) if the permit only states an expiry date—at the end of the day on the stated date.

Unregistered vehicle permits Part 5.1 (4) If the road transport authority issues an unregistered vehicle permit for a registrable vehicle, the authority must— (a) record details of the permit, including any condition to which the permit is subject, in the register; and (b) give a temporary identification number to the vehicle and tell the person to whom the permit is issued what the number is. (5) The road transport authority may vary or cancel an unregistered vehicle permit at any time by written notice given to the holder of the permit. (6) An unregistered vehicle permit must include a label showing the temporary identification number given to the vehicle or, if the vehicle has a registration number, that number.

87 Obligations of holder of unregistered vehicle permit The holder of an unregistered vehicle permit issued for a registrable vehicle must ensure that the label included in the permit is attached securely to the vehicle in a prominent place.

88 Issue of trader’s plates (1) The road transport authority may issue 1 or more trader’s plates to a person if the authority is satisfied the person— (a) is a manufacturer, repairer or transporter of, or dealer in, registrable vehicles; and (b) has suitable premises for the purpose. Note If a person applies to the road transport authority for a trader’s plate, the person must also select an MAI insurer for an MAI policy for motor vehicles to which the trader’s plate may be attached and pay the MAI premium for the MAI policy (see Motor Accident Injuries Act 2019, s 300). (2) The road transport authority may determine the dimensions, layout and other characteristics with which trader’s plates must comply. (3) A determination is a notifiable instrument. dealer—see the Sale of Motor Vehicles Act 1977, dictionary.

89 Recall of trader’s plates (1) If the road transport authority considers that⎯ (a) there is an error of any kind in a trader’s plate; or (b) there has been an error of any kind in the issuing of a trader’s plate; or (c) a trader’s plate should not have been issued for any other reason; the authority may, by written notice given to the person to whom the plate was issued, require the person to return the plate to the authority within the period stated in the notice.

(2) A person must not, without reasonable excuse, fail to comply with a notice given to the person under subsection (1). (3) If a person returns a trader’s plate under this section, the road transport authority may issue a replacement trader’s plate to the person.

90 Identification labels for trader’s plates (1) If the road transport authority issues a trader’s plate to a person, the authority must also issue to the person an identification label for the plate. (2) The identification label must state the period for which the trader’s plate is issued.

91 Lost, stolen or destroyed identification labels (1) If an identification label for a trader’s plate is lost, stolen or destroyed, the person to whom it was issued must, as soon as practicable (but within 14 days) after discovering the loss, theft or destruction, tell the road transport authority about the loss, theft or destruction. (2) If the person tells the road transport authority about the loss, theft or destruction of the identification label, the authority may, by written notice given to the person, require the person to provide to the authority, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction. notice given to the person under subsection (2).

92 Replacement identification labels (1) The road transport authority may give a replacement identification label for a trader’s plate to the person to whom the original identification label was issued if satisfied that the original label is lost, stolen or damaged or has been destroyed. (2) Before the road transport authority issues a replacement identification label to the person, the authority may require the person to return the damaged original identification label to the authority. (3) On the issue of the replacement identification label, the original identification label is void.

93 Recovery of lost or stolen identification labels If the person to whom a replacement identification label was issued recovers the original identification label, the person must, as soon as practicable (but within 14 days) after recovering the original label— (a) tell the road transport authority about the recovery of the original label; and (b) give the original label to the authority unless the authority tells the person that the original label need not be given to the

94 Use of vehicles with trader’s plates on road or road related area For the Act, section 18 (2) (a), an unregistered vehicle with a trader’s plate attached may be used on a road or road related area if— (a) the identification label for the trader’s plate is displayed on the vehicle in accordance with section 95; and (b) the use of the vehicle is an authorised use under section 96.

95 Attaching of identification labels The identification label for the trader’s plate must be displayed in a holder attached to the trader’s plate in accordance with the following requirements: (a) the holder must be attached to the trader’s plate so the label faces outward from the vehicle; (b) the holder must be made from transparent glass or other transparent material so the label is clearly visible to a person facing the label from 6m away from the label.

96 Authorised use of trader’s plates (1) The use of an unregistered vehicle to which a trader’s plate is attached is an authorised use if— (a) the vehicle (or, for a trailer, the vehicle towing it) is carrying the person to whom the plate was issued (the trader), the trader’s authorised employee or the trader’s agent authorised in writing; and (b) the vehicle is being driven— (i) for a purpose related to its manufacture or repair (including painting or a similar process) or related to, or incidental to, dealing in the vehicle; or (ii) for the purpose of obtaining registration of the vehicle, by the most direct or convenient route to the nearest convenient designated place or authorised examiner; or (iii) for delivery at the address of a person who has acquired it from the trader. (2) Subsection (1) (a) does not apply if the vehicle is a motorcycle.

(3) However, subsection (1) authorises the use of the unregistered registrable vehicle to carry a load only if— (a) the load is carried only to demonstrate to a genuine prospective purchaser the capacity of the vehicle for carrying a type or weight of load; or (b) the vehicle is being driven by the most direct or convenient route to the premises of the trader from the place where the trader has built or purchased the vehicle and the load consists only of a registrable vehicle built or purchased by the trader for sale by the trader; or (c) the vehicle is a trailer specially built to carry a boat and the load consists only of a boat; or (d) the vehicle is not heavier than 2t unladen and is being driven— (i) by the shortest practicable route to the premises of the trader from the place where the trader has built or purchased the vehicle and the load consists only of goods intended for the trader’s personal use or for use in his or her business; or (ii) only for carrying spare parts, for use in relation to the repair of registrable vehicles by the trader, to the trader’s premises from a railway station or airport to which they have been consigned to the trader.

97 Unauthorised uses of identification labels (1) A person must not use a registrable vehicle to which a trader’s plate is attached on a road or road related area if the identification label displayed on the trader’s plate— (a) is illegible; or (b) has been changed in a material particular; or (c) was issued for attachment to another trader’s plate; or

(d) is void; or (e) was issued for use in a period that has expired. (2) A person must not lend or part with an identification label issued to the person unless authorised by this regulation. (3) For this section: (a) an identification label is illegible if anything required to be included on the label cannot, for any reason, be readily read; and (b) an identification label has been changed in a material particular if anything that is required to be included on the label has been omitted or otherwise changed.

98 Trader to make, keep and produce records A person issued with a trader’s plate for a registrable vehicle must— (a) each time a registrable vehicle is driven on a road or road related area (the journey) with the plate attached, make a record of the following particulars: (i) the date the vehicle was driven; (ii) the number of the trader’s plate; (iii) the make of the vehicle; (iv) the purpose for which the vehicle was used; (v) the driver’s name and driver licence number; (vi) the time the vehicle started the journey; (vii) the time the vehicle returned from the journey, or the time the trader’s plate was returned; and

(b) keep the record at the premises mentioned in section 88 (1) (b) (Issue of trader’s plates) for at least 6 months after the record is made; and (c) produce any record for the previous 6 months for inspection when asked by a police officer or authorised person.

99 Questions about use of plate to be answered (1) A police officer or authorised person may require the driver, or person in charge, of a vehicle to which a trader’s plate is attached, or a person to whom a trader’s plate has been issued, to answer any questions about the purpose for which the plate is being, or has been, used. (2) A person must not, without reasonable excuse, fail to answer a question when required to do so under subsection (1).

100 Disposal or cessation of business (1) If a person sells, disposes of or ceases to carry on the business in relation to which a trader’s plate has been issued to the person, the person must give written notice of the sale, disposition or cessation of business to the road transport authority as soon as practicable (but within 14 days). (2) On application by the person to whom the business has been sold or disposed of, the road transport authority may transfer the trader’s plate to the person.

101 Return of trader’s plate (1) If the road transport authority is satisfied on reasonable grounds that a person is no longer entitled to hold a trader’s plate issued or transferred to the person, the authority may, by written notice to the person, require the person to return the trader’s plate to the authority within the period stated in the notice. (2) A person must not, without reasonable excuse, fail to comply with a notice under subsection (1). (3) A person to whom a trader’s plate has been issued or transferred must, not later than 14 days after the end of the period for which the trader’s plate was issued, return the trader’s plate to the road transport

102 Surrender of trader’s plates A trader’s plate may be surrendered by the person to whom it was issued or transferred by returning it to the road transport authority.

103 Meaning of applicable vehicle standards In this regulation: applicable vehicle standards means— (a) for a registrable vehicle that is a heavy vehicle—a heavy vehicle standard within the meaning of the Heavy Vehicle National Law (ACT); or (b) for a light vehicle—the requirements mentioned in schedule 1 (Light vehicle standards) that apply to the vehicle.

104 Road transport authority may exempt light vehicle etc from certain provisions (1) The road transport authority may exempt a light vehicle, light combination or person from a provision of section 108 (Emission control systems to be fitted and properly maintained) or schedule 1. (2) If an exemption under this section is given subject to conditions, the exemption applies only if all the conditions of the exemption are complied with.

105 Meaning of operator of light vehicle—pt 6.1 (1) For this part, the operator of a light vehicle is the registered operator (2) However, if another person is responsible, or also responsible, for the maintenance of the vehicle, the other person is also the operator of the vehicle for this part.

(3) Despite subsections (1) and (2), it is a defence to the prosecution of the registered operator for an offence against this part in relation to the vehicle if, at the relevant time— (a) the registered operator was not solely or partly responsible for the maintenance of the vehicle; and (b) another person was, or other persons between them were, solely responsible for the maintenance of the vehicle.

106 Meaning of operator of light combination—pt 6.1 (1) For this part, the operator of a light combination is the registered operator of the first or only motor vehicle forming part of the (2) However, if another person is responsible, or also responsible, for the operation of the combination, the other person is also the operator of the combination for this part. (3) Despite subsections (1) and (2), it is a defence to the prosecution of the registered operator of the motor vehicle for an offence against this part in relation to the combination if, at the relevant time— (a) the registered operator was not solely or partly responsible for the operation of the combination; and (b) another person was, or other persons between them were, solely responsible for the operation of the combination.

107 Light vehicles to be properly maintained (1) This section applies to a light vehicle to which schedule 1 (Light vehicle standards) applies, whether or not it forms part of a Note Sch 1, s 1.6 provides that the schedule does not apply to certain vehicles.

(2) A person must not drive a light motor vehicle on a road or road related area unless the vehicle is maintained in a condition that enables it to be driven safely. (3) A person must not drive the first or only light motor vehicle forming part of a combination on a road or road related area unless each other vehicle forming part of the combination is maintained in a condition that enables it to be towed safely. (4) The operator of a light motor vehicle that is on a road or road related area must maintain the vehicle in a condition that enables it to be driven safely. (5) The operator of a light trailer that is on a road or road related area must maintain the trailer in a condition that enables it to be towed safely. (6) For this section, a light vehicle is not maintained in a condition that enables it to be driven or towed safely if driving or towing the vehicle would endanger the person driving or towing the vehicle, anyone else in or on the vehicle (or the combination of which it forms part) or other road users. Note The ACT Inspection Manual for Light Vehicles and the ACT Inspection provide information to help people meet the requirements of this section. The manuals are available from the road transport authority.

108 Emission control systems to be fitted and properly maintained (1) This section applies to a light vehicle to which schedule 1 (Light vehicle standards) applies, whether or not it forms part of a Note Sch 1, s 1.6 provides that the schedule does not apply to certain vehicles. (2) A person must not drive a light motor vehicle on a road or road related area unless each emission control system of the vehicle remains fitted to the vehicle. (3) A person must not drive a light motor vehicle on a road or road related area unless each emission control system fitted to the vehicle is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design. (4) A person must not drive the first or only light motor vehicle forming part of a combination on a road or road related area unless each emission control system of any other light vehicle forming part of the combination remains fitted to the vehicle. (5) A person must not drive the first or only light motor vehicle forming part of a combination on a road or road related area unless each emission control system fitted to any other light vehicle forming part of the combination is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.

(6) The operator of a light vehicle that is on a road or road related area must ensure that each emission control system of the vehicle remains fitted to the vehicle. (7) The operator of a light vehicle that is on a road or road related area must maintain each emission control system fitted to the vehicle in a condition that ensures that the system continues operating essentially in accordance with the system’s original design. (8) It is a defence to a prosecution for an offence against a subsection of this section if the person charged establishes that it was not reasonable or practicable to comply with the subsection. (9) A subsection of this section does not apply to a light vehicle if the vehicle is exempt— (a) from the subsection; or (b) from the provision of the law of another jurisdiction corresponding to the subsection. (10) However, the vehicle is exempt from the subsection only if all conditions of the exemption (if any) are being complied with. (11) In this section: emission control system, for a light vehicle, means an emission control system fitted to the vehicle when it was built. Note The ACT Inspection Manual for Light Vehicles and the ACT Inspection provide information to help people meet the requirements of this section. The manuals are available from the road transport authority.

109 Light motor vehicles not complying with sch 1 (1) This section applies to a light motor vehicle whether or not it forms part of a combination. (2) If the motor vehicle contravenes a provision of schedule 1 applying to the vehicle (other than as a vehicle forming part of a combination)— (a) the driver of the motor vehicle commits an offence; and (b) the operator, or each operator, of the motor vehicle also commits Example of a provision applying to a motor vehicle (other than as a vehicle forming part of a combination) sch 1, s 1.79 (1), which is about how headlights are to be fitted to light motor

110 Light trailers not complying with sch 1 (1) This section applies to a light trailer whether or not it forms part of a (2) If the trailer contravenes a provision of schedule 1 applying to the trailer (other than as a vehicle forming part of a combination)— (a) the driver of the first or only motor vehicle towing the trailer commits an offence; and (b) the operator, or each operator, of the trailer also commits the offence. Example of a provision applying to a trailer (other than as a vehicle forming part of a combination) sch 1, s 1.66 (2), which is about axle configurations on light trailers

111 Light combinations not complying with sch 1 (1) If a light combination contravenes a provision of schedule 1 applying to the combination— (a) the driver of the first or only light motor vehicle forming part of the combination commits an offence; and (b) the operator, or each operator, of the combination also commits Example of a provision applying to a combination sch 1, s 1.71, which is about the maximum length of light combinations (2) If a vehicle contravenes a provision of schedule 1 that applies to the vehicle as a vehicle forming part of a combination— (a) the driver of the first or only motor vehicle forming part of the combination commits an offence; and (b) the operator, or each operator, of the combination also commits

Standards and certifications Part 6.2

112 Evidence of compliance with applicable vehicle standards (1) The road transport authority may accept any of the following as evidence that a registrable vehicle complies with the applicable vehicle standards: (a) an entry for the vehicle on the RAV indicating that the vehicle satisfies the requirements of the type approval pathway under the Road Vehicle Standards Act 2018 (Cwlth), section 15; (b) an identification plate attached to the vehicle; (c) a certificate issued by the vehicle’s manufacturer, certifying that the vehicle complies with the applicable vehicle standards. (2) If the road transport authority does not have the evidence mentioned in subsection (1) for a vehicle, the authority may inspect the vehicle and, if satisfied that the vehicle does comply, issue a certificate certifying that the vehicle complies with the applicable vehicle standards.

113 Noncomplying and non-standard vehicles A registrable vehicle that does not comply with the applicable vehicle standards may be conditionally registered if the vehicle— (a) is on the RAV, and its entry on the RAV indicates it satisfied the requirements of the concessional approval pathway under the Road Vehicle Standards Act 2018 (Cwlth), section 15; or (b) has an operations plate installed on it under section 114; or

(c) has a certificate of approved operations issued or accepted for it under section 114; or (d) has an identification plate attached.

114 Installation of operations plates, modification of vehicles etc (1) The road transport authority may authorise a person to install an operations plate on, or issue or accept a certificate of approved operations for, a registrable vehicle that has been built or modified in a way that causes the vehicle not to comply with the applicable vehicle standards. (2) An operations plate installed on, or a certificate of approved operations issued or accepted for, a registrable vehicle must indicate— (a) any deficiency in the vehicle’s operating characteristics; and (b) any condition that should be imposed on the vehicle’s (3) A person who modifies, or adds components to, a registrable vehicle must ensure that⎯ (a) if the vehicle complied with the applicable vehicle standards immediately before the modification or addition—the vehicle continues to comply with the standards; and

Standards and certifications Part 6.2 (b) the modification or addition is certified by an authorised person as complying with–– (i) if the vehicle is a heavy vehicle––Vehicle Standards Bulletin No 6 – National Code of Practice for Heavy Vehicle Modifications published by the then Commonwealth Department of Transport and Regional Services in 1993, and as in force from time to time; or (ii) if the vehicle is a light vehicle––Vehicle Standards Bulletin No 14 – National Code of Practice for Light Vehicle Construction and Modification published by the then Commonwealth Department of Infrastructure and Transport in 2006, and as in force from time to time; or (iii) a specification approved by the road transport authority. Note The bulletins do not need to be notified under the Legislation Act because (4) An approval under subsection (3) (b) (iii) is a notifiable instrument.

115 Definitions for pt 6.3 approval, of premises, means the approval of the premises under section 131. approved premises means premises that are approved under section 131. authorisation means the authorisation of a person as an examiner. authorised examiner means a person who is authorised under section 119 as an examiner. certificate of approval means a certificate issued under section 131. certificate of authorisation means a certificate of authorisation given under section 119. examiners register means the register of authorised examiners kept by the road transport authority under section 121. owner, of premises, means the person who holds a lease of the premises from the Commonwealth. prescribed requirements, for premises and equipment on premises, means the requirements set out in schedule 2 for the class of vehicles for which the premises and equipment are proposed to be used for inspection or testing. proprietor, of premises, means— (a) the owner of the premises; or (b) if the premises are occupied by someone other than the owner— the occupier of the premises.

116 Eligibility to apply for authorisation as examiners (1) A person is eligible to apply for authorisation for a class of vehicles if the person— (a) holds a qualification in relation to the mechanics of vehicles that is determined by the road transport authority to be an acceptable qualification for that class of vehicles; and (b) has not been convicted or found guilty of an offence that the road transport authority considers is relevant to the application; and Note 1 The road transport authority must comply with any guidelines approved by the Minister under s 153A (Authorisation and approval of premises guidelines—relevant offences). Note 2 Found guilty, of an offence—see the Legislation Act, dictionary, pt 1. (c) is not disqualified under section 125 (Procedures for authority taking action in relation to authorisation) from applying for the authorisation; and (d) is a suitable person to be an authorised examiner. (2) A determination under subsection (1) (a) is a notifiable instrument.

117 Application procedure for authorisation (1) A person who applies to the road transport authority for authorisation (including for the renewal of an authorisation) for a class of vehicles must give the authority— (a) a completed application form that contains the particulars necessary to show that the person is eligible to be authorised as an examiner for the class of vehicles; and

(b) a statement supplied by a police officer about the applicant’s criminal history (if any) and the infringement notices (if any) served on the person. Note An infringement notice includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence (see dict, def infringement notice). (2) The road transport authority may require the person to give the authority any additional documents or other information that the authority reasonably needs to decide the application.

118 When applications for authorisation can be refused The road transport authority may refuse to approve an application by a person for authorisation (including for the renewal of an authorisation) for a class of vehicles if the authority believes on reasonable grounds that— (a) the person is not eligible to apply for authorisation as an examiner for that class of vehicles; or (b) the person has not complied with a requirement made by the authority in relation to the application or a requirement of the Act relating to the application.

119 Authorisation of examiners and certificates of (1) If the road transport authority approves an application by a person for authorisation for a class of vehicles, the authority must authorise the person as an examiner for that class and give the person a certificate of authorisation. (2) The certificate of authorisation must show— (a) the person’s name; and (b) the class of vehicles for which the person is authorised; and

(c) the expiry date of the authorisation. (3) An authorisation is for 1 year.

120 Approval of application for additional class of vehicles If the road transport authority approves an application by an authorised examiner for authorisation (other than for renewal of an authorisation) for an additional class of vehicles, the road transport authority must, if the examiner returns his or her certificate of authorisation to the authority, amend the certificate to include the additional class of vehicles and return it to the examiner.

121 Examiners register (1) The road transport authority must keep a register of authorised examiners. (2) The register must contain— (a) the name and home address of each authorised examiner; and (b) the class of vehicle that the examiner is authorised to inspect or test; and (c) if the examiner is the proprietor of approved premises—the address of the premises; and (d) if the examiner is not the proprietor of approved premises—the address of the premises where the person is employed; and (e) the date the entry is made. (3) The register may also include any other information given to the road transport authority and any other information the authority considers appropriate. (4) The register may be kept in the form of, or as part of, 1 or more computer databases or in any other form the road transport authority considers appropriate.

(5) The road transport authority may correct any mistake, error or omission in the register. (6) The road transport authority must remove from the register the name of anyone who is no longer an authorised examiner. (7) If the road transport authority is told about a change in something recorded in the register and the authority is satisfied that the change has happened, the authority must enter the particulars of the change in the register as soon as practicable.

122 Change of name or address of authorised examiner (1) If an authorised examiner changes his or her name, the examiner must, as soon as practicable (but within 14 days) after the change— (a) tell the road transport authority about the change; and (b) return his or her certificate of authorisation to the authority for amendment. (2) If an authorised examiner changes his or her home address or another address recorded in the examiners register in relation to the examiner, the examiner must tell the road transport authority about the change— (a) orally not later than 14 days after the change; and (b) if the authority asks the person to tell the authority about the change in writing—in writing within the period (not less than 14 days) required by the authority.

123 Surrender of authorisation (1) A person who is authorised as an examiner may apply to the road transport authority to surrender the person’s authorisation. (2) The application may be made personally by the person or by an agent who produces written evidence of his or her appointment as agent. (3) The person must return the certificate of authorisation to the road transport authority with the application. (4) If the person complies with this section, the road transport authority must approve the application unless the authority is taking action to cancel or suspend the person’s authorisation.

124 When authority may take action in relation to The road transport authority may take action under section 125 in relation to a person’s authorisation if— (a) the person is not eligible to apply for authorisation or for authorisation for a class of vehicles for which the person is authorised; or (b) the person is convicted or found guilty of— (i) an offence against this part; or (ii) another offence that the road transport authority considers is relevant to the authorisation; or Note The road transport authority must comply with any guidelines approved by the Minister under s 153A (Authorisation and approval of premises guidelines— relevant offences). (c) the person was authorised because of a false or misleading statement made, or false or misleading information supplied, by the person in or in relation to the application for (or for renewal of) authorisation; or

(d) the person contravenes either of the following sections: (i) section 145 (Duties of authorised examiners inspecting and testing vehicles); (ii) section 146 (Issue of certificates of inspection etc). Note 1 If an authorised examiner does not pay a fee for the examiner’s authorisation, or pays in a way that is not effective, the authorisation may also be cancelled (see Road Transport (General) Regulation 2000, pt 5). Note 2 Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.

125 Procedures for authority taking action in relation to (1) The road transport authority may take the following action under this section in relation to a person’s authorisation: (a) cancel the authorisation and disqualify the person from applying for authorisation for not longer than 2 years; (b) cancel the authorisation for a class of vehicles and disqualify the person from applying for authorisation for that class for not (c) suspend the authorisation for not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation for not longer than 1 year; (d) suspend the authorisation for a class of vehicles for not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation for that class for not longer than 1 year;

(e) if the authorisation is already suspended—do either of the following: (i) cancel the authorisation (completely or for a class of vehicles) and disqualify the person from applying for authorisation (completely or for a class of vehicles) for not (ii) suspend the authorisation (completely or for a class of vehicles) for an additional period of not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation (completely or for a class of vehicles) for a period, or an additional period, of not longer than 1 year. (2) If the road transport authority proposes to take action under this section in relation to a person’s authorisation, the authority must give the person a notice that— (a) states the proposed action, including any proposed suspension (or additional suspension) period and any proposed period of disqualification (or additional disqualification) from applying for authorisation; and (b) states the grounds for the proposed action; and (c) invites the person to make written representations, within a stated period of at least 14 days after the person is given the notice, why the proposed action should not be taken.

(3) If, after considering any written representations made by the person within the stated period, the road transport authority is satisfied on reasonable grounds that a ground mentioned in section 124 exists to take action under this section, the authority may take the following action: (a) if the proposed action included cancelling the person’s authorisation—either cancel the authorisation or suspend the authorisation (completely or for a class of vehicles) for not longer than 1 year; (b) if the proposed action included cancelling the person’s authorisation for a class of vehicles—either cancel the authorisation, or suspend the authorisation for not longer than 1 year, for that class; (c) if the proposed action included suspending the authorisation for a stated period or stated additional period—suspend the authorisation for not longer than that period; (d) if the proposed action included suspending the authorisation for a class of vehicles for a stated period or stated additional period—suspend the authorisation for that class for not longer than that period; (e) if the proposed action included disqualifying the person from applying for authorisation for a stated period or stated additional period—disqualify the person from applying for authorisation for not longer than that period (completely or for a class of vehicles); (f) if the proposed action included disqualifying the person from applying for authorisation for a class of vehicles for a stated period or stated additional period—disqualify the person from applying for authorisation for that class for not longer than that period.

(4) If the road transport authority decides to cancel or suspend the authorisation (completely or for a class of vehicles), or disqualify the person from applying for authorisation (completely or for a class of vehicles), the internal review notice about the decision must include a statement about when the cancellation, suspension or disqualification takes effect. Note A decision to take action under this section is an internally reviewable decision (see Road Transport (General) Act 1999, s 90, def internally reviewable decision and Road Transport (General) Regulation 2000, sch 1), and the road transport authority must give an internal review notice to the person (see Road Transport (General) Act 1999, s 91). (5) A cancellation or suspension takes effect on— (a) the 7th day after the day the internal review notice about the cancellation or suspension is given to the person; or (b) if the notice states a later date of effect—the stated date. (6) A cancellation or suspension must not take effect earlier than 7 days after the person is told about the decision. (7) If the road transport authority suspends a person’s authorisation, the person is, during the suspension— (a) taken not to be an authorised examiner; and (b) disqualified from applying for authorisation as an examiner. (8) If the road transport authority suspends a person’s authorisation for a class of vehicles, the person is, during the suspension— (a) taken not to be an authorised examiner for that class; and (b) disqualified from applying for authorisation as an examiner for that class.

126 Return of certificate of authorisation on cancellation or suspension If the authorisation of a person as an authorised examiner is cancelled or suspended (completely or for a class of vehicles), the person must not, without reasonable excuse, fail to return his or her certificate of authorisation to the road transport authority as soon as practicable (but within 7 days) after the cancellation or suspension takes effect, unless the authority tells the person that the certificate need not be returned.

127 Eligibility for approval of premises (1) Premises are eligible for approval for a class of vehicles if— (a) the premises, and the equipment proposed to be used on the premises in or in relation to the inspection and testing of vehicles, complies with the prescribed requirements for the class of vehicles; and (b) the proprietor of the premises or, if the proprietor is a corporation, each director of the corporation has not been convicted or found guilty of an offence that the road transport authority considers is relevant to the approval; and Note 1 The road transport authority must comply with any guidelines approved by the Minister under s 153A (Authorisation and approval of premises guidelines—relevant offences). Note 2 Found guilty, of an offence—see the Legislation Act, dictionary, pt 1. (c) the proprietor is not disqualified under section 136 (Procedures for authority taking action in relation to approval of premises) from applying for the approval; and

(d) the proprietor of the premises is a suitable person to be the proprietor of approved premises. (2) A person is eligible to apply for approval of premises if the person is the proprietor of the premises.

128 Application procedure for approval of premises (1) A person who applies to the road transport authority for approval (including renewal of an approval) of premises for a class of vehicles must give the authority— (a) a completed application form that contains the particulars necessary to show that the premises are eligible for approval for the class of vehicles and that the person is eligible to apply for approval of the premises; and (b) a statement supplied by a police officer about the applicant’s criminal history (if any) and the infringement notices (if any) served on the person. Note An infringement notice includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence (see dict, def infringement notice). (2) The road transport authority may require the person to give the authority any additional documents or other information that the authority reasonably needs to decide the application.

129 Inspection of premises before approval (1) An authorised person may enter premises for which an application has been made for approval with the consent of the occupier of the (2) The authorised person may inspect the premises, and any equipment on the premises proposed to be used in or in relation to the inspection and testing of vehicles, to find out whether the premises and equipment comply with the prescribed requirements for the class of vehicles to which the application relates.

130 When applications for approval of premises can be refused The road transport authority may refuse to approve an application by a person for approval of premises (including renewal of an approval) for a class of vehicles if the authority believes on reasonable grounds (a) the premises are not eligible to be approved for that class; or (b) the applicant is not eligible to apply for the approval.

131 Approval of premises and certificates of approval (1) If the road transport authority approves an application by a person for the approval of premises for a class of vehicles, the authority must approve the premises for that class and give the person a certificate of approval. (2) A certificate of approval for premises must show— (a) the name of the proprietor of the premises; and (b) the address of the premises; and (c) the class of vehicles that may be inspected and tested on the premises; and (d) the expiry date of the approval.

(3) An approval is for 1 year.

132 Approval of application for additional class of vehicles If the road transport authority approves an application by the proprietor of approved premises for approval (other than for renewal of an approval) for an additional class of vehicles, the road transport authority must, if the proprietor of the premises returns his or her certificate of approval to the authority, amend the certificate to include the additional class of vehicles and return it to the proprietor.

133 Surrender of approval of premises (1) The proprietor of approved premises may apply to the road transport authority to surrender the approval for the premises. (2) The application may be made personally or by an agent who produces written evidence of his or her appointment as agent. (3) The proprietor must return the certificate of approval for the premises to the road transport authority with the application. (4) If the proprietor complies with this section, the road transport authority must approve the application unless the authority is taking action to cancel or suspend approval of the premises.

134 Automatic cancellation of approval of premises The approval of premises is automatically cancelled if a person who is the proprietor of the premises ceases to be the proprietor of the

135 When authority may take action in relation to approval of The road transport authority may take action under section 136 in relation to the approval of premises if— (a) the premises are not eligible to be approved premises or to be approved premises for a class of vehicles for which the premises are approved; or (b) the premises were approved because of a false or misleading statement made, or false or misleading information given, by the proprietor of the premises in or in relation to the application for (or for renewal of) the approval; or (c) the proprietor of the premises or, if the proprietor is a corporation, a director of the corporation is convicted or found guilty of— (i) an offence against this part; or (ii) another offence that the road transport authority considers is relevant to the approval; or Note The road transport authority must comply with any guidelines approved by the Minister under s 153A (Authorisation and approval of premises guidelines— relevant offences). (d) the proprietor of the premises contravenes any of the following sections: (i) section 144 (Vehicles to be inspected on request); (ii) section 146 (Issue of certificates of inspection etc); (iii) section 148 (Fees payable on inspection). Note 1 If the proprietor fails to pay a fee for renewal of the approval of premises, or pays in a way that is not effective, the approval may also be cancelled (see Road Transport (General) Regulation 2000, pt 5). Note 2 Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.

136 Procedures for authority taking action in relation to approval of premises (1) The road transport authority may take the following action under this section in relation to the approval of premises: (a) cancel the approval and disqualify the proprietor from applying for approval of premises for not longer than 2 years; (b) cancel the approval for a class of vehicles and disqualify the proprietor from applying for approval of premises for that class for not longer than 2 years; (c) suspend the approval for not longer than 1 year and, if the authority considers appropriate, disqualify the proprietor from applying for approval of premises for not longer than 1 year; (d) suspend the approval for a class of vehicles for not longer than 1 year and, if the authority considers appropriate, disqualify the proprietor from applying for approval of premises for that class for not longer than 1 year; (e) if the approval is already suspended—do either of the following: (i) cancel the approval (completely or for a class of vehicles) and disqualify the proprietor from applying for approval of premises (completely or for a class of vehicles) for not (ii) suspend the approval (completely or for a class of vehicles) for an additional period of not longer than 1 year and, if the authority considers appropriate, disqualify the proprietor from applying for approval of premises (completely or for a class of vehicles) for a period, or an additional period, of not longer than 1 year.

(2) If the road transport authority proposes to take action under this section in relation to the approval of premises, the authority must give the proprietor of the premises a notice that— (a) states the proposed action, including any proposed suspension (or additional suspension) period and any proposed period of disqualification (or additional disqualification) from applying for approval of premises; and (b) states the grounds for the proposed action; and (c) invites the proprietor to make written representations, within a stated period of at least 14 days after the proprietor is given the notice, why the proposed action should not be taken. (3) If, after considering any written representations made by the proprietor within the stated period, the road transport authority is satisfied on reasonable grounds that a ground mentioned in section 135 exists to take action under this section, the authority may take the following action: (a) if the proposed action included cancelling the approval of the premises—either cancel the approval or suspend the approval (completely or for a class of vehicles) for not longer than 1 year; (b) if the proposed action included cancelling the approval for a class of vehicles—either cancel the approval, or suspend the approval for not longer than 1 year, for that class; (c) if the proposed action included suspending the approval for a stated period or stated additional period—suspend the approval for not longer than that period; (d) if the proposed action included suspending the approval for a class of vehicles for a stated period or stated additional period— suspend the approval for that class for not longer than that period;

(e) if the proposed action included disqualifying the proprietor from applying for approval for a stated period or stated additional period—disqualify the person from applying for approval (completely or for a class of vehicles) for not longer than that period; (f) if the proposed action included disqualifying the proprietor from applying for approval for a class of vehicles for a stated period or stated additional period—disqualify the person from applying for approval for that class for not longer than that period. (4) If the road transport authority decides to cancel or suspend the approval (completely or for a class of vehicles), or disqualify the proprietor from applying for approval of premises (completely or for a class of vehicles), the internal review notice must include a statement about when the cancellation, suspension or disqualification takes effect. Note A decision to take action under this section is an internally reviewable decision (see Road Transport (General) Act 1999, s 90, def internally reviewable decision and Road Transport (General) Regulation 2000, sch 1), and the road transport authority must give an internal review notice to the proprietor (see Road Transport (General) Act 1999, s 91). (5) A cancellation or suspension takes effect on— (a) the 7th day after the day the internal review notice about the cancellation or suspension is given to the proprietor; or (b) if the notice states a later date of effect—the stated date. (6) If the road transport authority suspends the approval of premises, then, during the suspension— (a) the premises are taken not to be approved premises; and (b) the proprietor is disqualified from applying for approval of

Division 6.3.4 General duties of proprietors of approved premises (7) If the road transport authority suspends the approval of premises for a class of vehicles, then, during the suspension— (a) the premises are taken not to be approved premises for that class; and (b) the proprietor is disqualified from applying for approval for that class.

137 Return of certificate of approval on cancellation or suspension If the approval of premises is cancelled or suspended (completely or for a class of vehicles), the proprietor must not, without reasonable excuse, fail to return the certificate of approval for the premises to the road transport authority as soon as practicable (but within 7 days) after the cancellation or suspension takes effect unless the authority tells the person that the certificate need not be returned. Division 6.3.4 General duties of proprietors of approved premises

138 Certificate of approval to be displayed at approved The proprietor of approved premises must display the certificate of approval for the premises at the premises so it can be readily seen by anyone entering the premises.

General duties of proprietors of approved premises Division 6.3.4

139 Manuals and design rules to be kept at approved (1) The proprietor of approved premises must keep at the premises an up- to-date copy of— (a) the ACT Inspection Manual for Light Vehicles and the ACT Inspection Manual for Heavy Vehicles published by the road transport authority and each Australian Design Rule forming a part of either manual; and (b) any document a part of which is applied, adopted or incorporated in either manual. (2) The proprietor of approved premises must, if asked by someone, make a copy of the documents mentioned in subsection (1) available for inspection by the person at any reasonable time.

140 Notice to be displayed at approved premises The proprietor of approved premises must display a notice with the words ‘approved inspection station’ in capital letters at least 5cm high at the premises so it can be readily seen by anyone entering the

141 Proprietor of approved premises to give notice on ceasing to be proprietor If the person who is the proprietor of approved premises ceases to be the proprietor of the premises, the person must, as soon as practicable (but within 7 days) after ceasing to be the proprietor— (a) tell the road transport authority in writing; and

(b) return the certificate of approval issued to the proprietor for the premises to the authority.

142 Change of name of proprietor of approved premises If the proprietor of approved premises changes his or her name, the proprietor must, as soon as practicable (but within 14 days) after the change— (a) tell the road transport authority about the change; and (b) return the certificate of approval issued to the proprietor in relation to the premises to the authority for amendment.

143 Inspection of vehicles (1) This section applies to a person who is the registered operator of a registered vehicle or has control over an unregistered vehicle. person, require the person to produce the vehicle for inspection by an authorised person or authorised examiner at a time and place stated in the notice. (3) If the person asks the road transport authority for a change to the time or place stated in the notice, the authority must consider the request and, if the request is reasonable, must, by written notice given to the person, change the time or place in accordance with the request. Maximum penalty (for subsection (4)): 20 penalty units.

Inspections and tests of vehicles Division 6.3.5

144 Vehicles to be inspected on request The proprietor of approved premises must not, without reasonable excuse, refuse to inspect or test a vehicle (or arrange for it to be inspected or tested) if— (a) the proprietor is asked by the driver of the vehicle to inspect or test the vehicle, to decide whether the vehicle, and its parts and equipment, comply with the applicable vehicle standards; and (b) the vehicle is a vehicle that may be inspected or tested under this regulation on the premises; and (c) the proprietor of the premises is an authorised examiner, or an authorised examiner is employed at the premises, who is authorised under this regulation to inspect or test the vehicle.

145 Duties of authorised examiners inspecting and testing An authorised examiner must not, for this regulation— (a) inspect or test a vehicle included in a class of vehicles that is not mentioned in his or her certificate of authorisation; or (b) inspect or test a vehicle other than at approved premises; or (c) without reasonable excuse, refuse to inspect or test a vehicle included in a class of vehicles mentioned in his or her certificate of authorisation; or (d) certify in a certificate issued under section 146 that a vehicle, or any part or equipment of the vehicle, complies with the applicable vehicle standards unless— (i) the examiner has inspected or tested the vehicle, part or equipment of the vehicle; and (ii) the vehicle, part or equipment of the vehicle, complies with the standards.