Part 1 Preliminary

Part 1 Preliminary

1 Name of Regulation

1 Name of Regulation

(cf 2007 reg cl 1)

This Regulation is the Road Transport (Vehicle Registration) Regulation 2017.

2 Commencement

2 Commencement

(cf 2007 reg cl 2)

This Regulation commences on 1 September 2017.

Note.

This Regulation replaces the Road Transport (Vehicle Registration) Regulation 2007, which is repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions

3 Definitions

(cf 2007 reg cl 3)

(1) Expressions used in this Regulation (or in any particular provision of this Regulation) that are defined in the Dictionary at the end of the Regulation have the meanings set out in the Dictionary.

(2) Notes included in this Regulation do not form part of this Regulation.

Note.

For the purposes of comparison, provisions of this Regulation contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of—

(a) the Road Transport (Vehicle Registration) Regulation 2007 (2007 reg) as in force immediately before the repeal of that Regulation by section 10(2) of the Subordinate Legislation Act 1989, and

(b) the Australian Light Vehicle Standards Rules 2015 (ALVSR 2015), being national uniform legislation that is reproduced, with some modifications, in Schedule 2 to this Regulation.

4 Applications through agents

4 Applications through agents

(cf 2007 reg cl 7)

(1) An application under this Regulation that may be made to Transport for NSW by a person (the applicant) may be made—

(a) by the applicant personally, or

(b) on behalf of the applicant by an agent.

(2) Transport for NSW may refuse to grant an application that appears to Transport for NSW to be made on behalf of an applicant by an agent if the agent does not provide Transport for NSW with—

(a) evidence of the agent’s identity in a form acceptable to Transport for NSW, and

(b) a document evidencing the authority of the agent to act as agent for the applicant.

Part 2 Registration process

Part 2 Registration process

Division 1 Eligibility for registration

Division 1 Eligibility for registration

5 Persons eligible to be registered operators of registrable vehicles

5 Persons eligible to be registered operators of registrable vehicles

(cf 2007 reg cl 5)

(1) A person is eligible to be the registered operator of a registrable vehicle if the person is—

(a) an individual who has attained the requisite age, or

(b) a corporation.

(2) Despite subclause (1), Transport for NSW may record in the Register that an individual is the registered operator of a registrable vehicle even though the individual has not attained the requisite age if Transport for NSW is satisfied that it is appropriate to do so. Any such individual is, for the purposes of this Regulation (including renewal of registration), taken to have been eligible to be the registered operator of the vehicle.

(3) In this clause, requisite age means 16 years of age.

6 Registrable vehicles eligible to be registered

6 Registrable vehicles eligible to be registered

(cf 2007 reg cl 6)

(1) A registrable vehicle is eligible to be registered without conditions if—

(a) the vehicle complies with the applicable vehicle standards for the vehicle, and

(b) the requirements of any applicable third party insurance legislation and duty legislation are complied with in respect of 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, Transport for NSW may refuse to register a registrable vehicle if Transport for NSW is satisfied that—

(a) the vehicle has been registered in another State or Territory, and

(b) the registration in that State or Territory has been cancelled or suspended, and

(c) the reasons for the cancellation or suspension still exist.

(3) Transport for NSW may also refuse to register a registrable vehicle if Transport for NSW is satisfied that the vehicle, or a part of the vehicle, is subject to a recall notice under—

(a) the Australian Consumer Law, section 122, or

(b) the Road Vehicle Standards Rules 2019 of the Commonwealth, section 206.

cl 6: Am 2019 (80), cl 3 (1); 2021 (327), Sch 1[1].

Division 2 Applications for registration

Division 2 Applications for registration

7 Persons eligible to be registered operators may apply for registration

7 Persons eligible to be registered operators may apply for registration

(cf 2007 reg cl 7(1))

A person who is eligible to be the registered operator of a registrable vehicle may apply to Transport for NSW for registration of the vehicle.

8 Form of application

8 Form of application

(cf 2007 reg cl 8)

(1) An application for registration of a registrable vehicle must be in a form approved by Transport for NSW.

(2) Transport for NSW may require the applicant for registration of a registrable vehicle to provide Transport for NSW information about—

(a) the identity and home address of the applicant, and

(b) an address for the service of notices, and

(c) the proposed garage address of the vehicle, and

(d) fees, premiums, imposts and similar amounts relating to the vehicle under third party insurance legislation and duty legislation that have been paid or that are payable, and

(e) any other matter relevant to the decision whether to register the vehicle or to record the applicant in the Register as the registered operator of the vehicle.

Note.

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

9 Supporting evidence

9 Supporting evidence

(cf 2007 reg cl 9)

(1) Transport for NSW may request an applicant for registration of a registrable vehicle to submit evidence, in a form approved by Transport for NSW, verifying—

(a) the identity of the applicant, and

(b) the means by which the vehicle came into the ownership, or under the management, of the applicant, and

(c) the proposed garage address of the vehicle, and

(d) that the vehicle complies with the applicable vehicle standards for the vehicle, and

(e) the acceptability of non-standard or non-complying vehicles, and

(f) any other information specified by Transport for NSW in the application form.

(2) In addition to the evidence that may be required under subclause (1), Transport for NSW may request an applicant for registration of a registrable vehicle that has a vehicle identifier that is the same as the vehicle identifier of a vehicle recorded on the NSW written-off light vehicles register or NSW written-off heavy vehicles register to submit any of the following—

(a) a valid receipt for any repairs made to the vehicle,

(b) if the vehicle was repaired using a part of another vehicle—a valid receipt for the purchase of that part, being a receipt that contains the vehicle identifier of the other vehicle,

(c) any other information specified by Transport for NSW.

(3) In this clause—

valid receipt means a receipt—

(a) that is an original document, and

(b) that contains the name and Australian Business Number of the relevant repairer or trader, and

(c) that is dated, and

(d) that contains any other information required by Transport for NSW.

cl 9: Am 2018 (629), Sch 1 [1].

10 Lodgment of application, supporting evidence and payment

10 Lodgment of application, supporting evidence and payment

(cf 2007 reg cl 10)

(1) An applicant for registration of a registrable vehicle must submit to Transport for NSW—

(a) the application for registration, and

(b) any supporting evidence required by Transport for NSW, and

(c) payment, or evidence of payment, of the following—

(i) any applicable fee for registration of the vehicle,

(ii) any applicable fee for the issue of number-plates,

(iii) any applicable fee for the inspection of the vehicle,

(iv) any relevant registration charge for the vehicle,

(v) any applicable fees, premiums, imposts and similar amounts relating to the vehicle under third party insurance legislation and duty legislation.

(2) An eligible pensioner is not required to pay any applicable fee for registration of a vehicle.

(3) An applicant is not required to pay any applicable fee or relevant registration charge in relation to a vehicle if Transport for NSW is of the opinion that—

(a) the applicant was the registered operator of a registrable vehicle that was destroyed or rendered beyond repair as a consequence of damage caused to the vehicle by an occurrence that gave rise to an emergency, and

(b) the vehicle to which the application relates is a replacement for the damaged vehicle, and

(c) in the circumstances of the case it would be inappropriate to require payment of the fee or charge.

(4) In this clause—

emergency has the same meaning as in the State Emergency and Rescue Management Act 1989.

11 Duration of registration

11 Duration of registration

(cf 2007 reg cl 11)

(1) An applicant for registration of a registrable vehicle must nominate the period for which the applicant is seeking to register the registrable vehicle.

(2) If the application relates to a registrable vehicle that is not a seasonal vehicle, that period must be one of the following—

(a) 3 months,

(b) 6 months,

(c) 1 year.

(3) Despite subclauses (1) and (2), an applicant may nominate, and Transport for NSW may approve, a different period of registration if Transport for NSW—

(a) considers that it is necessary to do so to achieve a common registration expiry date for vehicles in a fleet, or

(b) otherwise considers it appropriate, in the circumstances, to do so.

cl 11: Am 2018 (335), Sch 1 [1].

12 Determination of applications

12 Determination of applications

(cf 2007 reg cl 12)

(1) Transport for NSW may refuse an application for registration of a registrable vehicle if—

(a) the vehicle is not eligible to be registered under clause 6, or

(b) a provision of this Regulation prevents approval of the application, or

(c) the applicant has not complied with a provision of the Act or this Regulation in relation to the registration of the vehicle (including any requirement to submit or pay any fee), or

(d) Transport for NSW reasonably believes that—

(i) the vehicle or a part of the vehicle is or may be stolen, or

(ii) information given in the application for registration is false or misleading, or

(iii) there are unpaid fines or pecuniary penalties arising out of the use of the vehicle in Australia, or

(iv) the vehicle is being used for an unlawful purpose, or

(e) the applicant fails to comply with the requirements of or under a law in force in this State relating to inspection of registrable vehicles, or

(f) a court has made an order under section 598(3) of the Heavy Vehicle National Law (NSW) (or under a provision of the law of another State or Territory that substantially corresponds to that provision) in relation to the heavy vehicle for a stated period and the period has not expired.

(g) (Repealed)

Note.

A vehicle cannot be registered unless Transport for NSW is satisfied that the vehicle’s garage address is in New South Wales: see section 65 of the Act.

(2) If Transport for NSW approves an application for registration of a registrable vehicle, Transport for NSW must record the applicant in the Register as the registered operator of the vehicle.

cl 12: Am 2025 (125), Sch 4[1] [2].

13 Conditional registration

13 Conditional registration

(cf 2007 reg cl 13)

(1) Transport for NSW may register a registrable vehicle conditionally if—

(a) the vehicle does not comply with an applicable vehicle standard for the vehicle, or

(b) Transport for NSW considers it appropriate for some other reason to register the vehicle conditionally.

(2) Transport for NSW may refuse to register a registrable vehicle conditionally under subclause (1)(a) if—

(a) the vehicle does not bear an operations plate or identification plate relating to the vehicle, or

(a1) the vehicle has not been entered on the RAV, or

(b) a certificate of approved operations has not been issued or accepted by Transport for NSW in respect of the vehicle.

(3) In determining the conditions to be imposed on the registration of a registrable vehicle that does not comply with an applicable vehicle standard for the vehicle, Transport for NSW must take into account the nature and extent of any failure of the vehicle to comply with the applicable vehicle standards for the vehicle and any resulting safety risk.

(4) Transport for NSW may, at any time, vary any conditions that it imposes on the registration of a registrable vehicle.

(5) Transport for NSW must notify the registered operator in writing of any conditions, or any variation of the conditions, applicable to the registration of a registrable vehicle. The conditions have effect, or the variation of conditions has effect, only on the notification of the registered operator.

cl 13: Am 2021 (327), Sch 1[2].

Division 3 The Register

Division 3 The Register

14 Maintenance of the Register

14 Maintenance of the Register

(cf 2007 reg cl 14)

(1) General matters to be recorded in respect of vehicle If Transport for NSW registers a registrable vehicle, Transport for NSW must record in the Register, in respect of the vehicle—

(a) the name, home address and address for the service of notices of the registered operator, and

(b) the identification details of the vehicle, and

(c) the vehicle’s garage address, and

(d) the expiry date of the registration, and

(e) if the vehicle is conditionally registered—the conditions of registration, and

(f) the vehicle’s GVM (if applicable to the vehicle concerned), and

(g) the vehicle’s GCM (if applicable to the vehicle concerned), and

(h) in the case of a heavy vehicle—the vehicle’s nominated configuration, and

(i) the name of any insurer providing third party insurance in respect of the vehicle.

Note.

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

(2) Other matters that may be recorded Transport for NSW may record in the Register other information for—

(a) the purposes of the Act and this Regulation, or

(b) the purposes of another Act, or

(c) any other purposes that Transport for NSW considers to be appropriate.

(3) Recording of failures to comply with production notices Transport for NSW must record details of any finding of guilt under section 243 of the Act in the Register or another register kept by Transport for NSW.

(4) Changes in description or configuration to be recorded Transport for NSW must record in the Register any change in the registrable vehicle’s description or nominated configuration that is recorded in the Register of which Transport for NSW has been notified under the Act or this Regulation unless Transport for NSW is satisfied that the description or nominated configuration is false.

(5) Evidence may be required to verify changes in description or configuration Transport for NSW may require evidence in a form acceptable to Transport for NSW verifying that the changes referred to in subclause (4) are correct.

(6) Register to record information over previous 24 months Transport for NSW must ensure that the Register contains details of all registrable vehicles that are currently registered or that have been registered within the previous 24 months.

(7) Requests for Register searches The registered operator of a registrable vehicle is entitled to request a search of the Register or other register kept under subclause (3), and to obtain a certificate as to any matter appearing in the Register or other register kept under subclause (3), in respect of the vehicle, on payment of any applicable fee for the search.

Note.

Personal information contained in the Register or other register kept under subclause (3) is subject to the Privacy and Personal Information Protection Act 1998.

(8) Recording of dealing restrictions Transport for NSW may also record in the Register information for the purpose of identifying a dealing restriction with respect to a registrable vehicle.

(9) Effect of recorded dealing restrictions If a dealing with respect to a registrable vehicle contravenes a dealing restriction recorded in the Register in respect of the vehicle, Transport for NSW may—

(a) if the dealing requires the approval of Transport for NSW—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 of Transport for NSW in connection with that dealing.

(10) Definitions In this clause—

dealing, in relation to a registrable vehicle, means—

(a) the registration of the vehicle, or

(b) the renewal of the registration of the vehicle, or

(c) the transfer of the registration of the vehicle.

dealing restriction, in relation to a registrable vehicle, means any restriction on a dealing with respect to the vehicle that Transport for NSW has determined should apply to the vehicle.

cll 14: Am 2019 (61), Sch 1.3 [1].

Division 4 Registration documents

Division 4 Registration documents

15 Certificates of registration

15 Certificates of registration

(cf 2007 reg cl 15)

Transport for NSW must, on registering a registrable vehicle, issue the registered operator of the vehicle a certificate of registration that includes the following—

(a) the name of the registered operator,

(b) the address for the service of notices on the registered operator,

(c) the garage address of the vehicle,

(d) the registration number of the vehicle,

(e) the make of the vehicle,

(f) the vehicle’s VIN or, if there is no VIN, any chassis number and engine number of the vehicle,

(g) the vehicle’s GVM (if applicable to the vehicle concerned),

(h) the vehicle’s GCM (if applicable to the vehicle concerned),

(i) in the case of a heavy vehicle—the applicable charging category for the vehicle for the purposes of Schedule 2 to the Act,

(j) in the case of a light vehicle—the applicable motor vehicle tax for the vehicle under the Motor Vehicles Taxation Act 1988,

(k) the expiry date of the registration,

(l) if the vehicle is conditionally registered—the conditions to which registration of the vehicle is subject,

(m) any other information that Transport for NSW considers appropriate.

cll 15: Am 2019 (61), Sch 1.3 [1].

16

16 (Repealed)

17 Replacement certificates of registration

17 Replacement certificates of registration

(cf 2007 reg cl 16A)

(1) Transport for NSW may, on payment of any applicable fee, issue a certificate of registration in respect of a registered vehicle to replace a certificate of registration already issued in respect of the vehicle (an old certificate of registration) if Transport for NSW is satisfied that—

(a) the details of the vehicle’s registration recorded in the Register are different from the details on the old certificate of registration, or

(b) the old certificate of registration is damaged, or

(c) the old certificate of registration is lost, stolen or destroyed.

(2) On the issue of a certificate of registration to replace an old certificate of registration, the registered operator of the vehicle must (unless the old certificate of registration is lost, stolen or destroyed)—

(a) destroy the old certificate of registration, or

(b) if required to do so by notice in writing from Transport for NSW, return the old certificate of registration to Transport for NSW (or an agent nominated by Transport for NSW) before the date specified in the notice for that purpose.

Maximum penalty—20 penalty units.

(3) (Repealed)

cl 17: Am 2018 (335), Sch 1 [3] [4].

Division 5 Number-plates

Division 5 Number-plates

pt.2-div.5-sdiv.1 Interpretation

Subdivision 1 Interpretation

18 Definitions

18 Definitions

(cf 2007 reg cl 17)

In this Division—

plate holder, in relation to a number-plate, means—

(a) in the case of a trader’s plate—the trader to whom the trader’s plate is issued, or

(b) in the case of a special number-plate—the person to whom the special number-plate is issued pursuant to the special number-plate arrangements referred to in clause 21, or

(c) in the case of any other number-plate—the registered operator of the registrable vehicle in respect of which the number-plate is issued.

cl 18: Am 2018 No 23, Sch 1.5 [1]; 2019 No 1, Sch 1.18 [1].

19 Application of Division to trader’s plates

19 Application of Division to trader’s plates

(cf 2007 reg cl 18)

This Division (except Subdivisions 3 and 5) does not apply to trader’s plates.

Note.

Division 2 of Part 4 provides for the issue and use of trader’s plates.

pt.2-div.5-sdiv.2 Issue of number-plates

Subdivision 2 Issue of number-plates

20 Number-plates generally

20 Number-plates generally

(cf 2007 reg cl 19)

(1) If Transport for NSW registers a registrable vehicle, Transport for NSW must assign a distinguishing registration number to the vehicle.

(2) Transport for NSW must, on payment of any applicable fee for the issue of a vehicle number-plate or number-plates, issue—

(a) for each motor vehicle registered by Transport for NSW (other than a motor vehicle referred to in paragraph (b) or (c))—2 vehicle number-plates bearing the registration number assigned to that motor vehicle, and

(b) for each motor bike or trailer registered by Transport for NSW—at least 1 vehicle number-plate bearing the registration number assigned to that motor bike or trailer, and

(c) for each other registrable vehicle registered by Transport for NSW—the number of vehicle number-plates that Transport for NSW considers appropriate.

(3) A vehicle number-plate is to conform to any specifications that Transport for NSW determines and must display the matter “NSW” or the words “New South Wales”, or any other words or matter that may be determined—

(a) by Transport for NSW with the consent of the Minister in the case of standard number-plates, or

(b) by Transport for NSW in the case of special number-plates.

(4) Despite subclauses (1) and (2), if Transport for NSW registers a heavy vehicle that, immediately before that registration, was registered under a corresponding law of another jurisdiction, Transport for NSW may—

(a) use the existing registration number of that vehicle, and

(b) authorise the use of any number-plates already issued under that corresponding law in respect of the heavy vehicle.

(5) If Transport for NSW authorises the use of number-plates under subclause (4)(b), the number-plates are taken to have been issued under this Regulation.

(6) Subclause (3) does not apply in respect of a heavy vehicle number-plate. However, a heavy vehicle number-plate must conform to any specifications that Transport for NSW determines.

cl 20: Am 2018 No 23, Sch 1.5 [2]; 2019 No 1, Sch 1.18 [2].

21 Special number-plates

21 Special number-plates

(cf 2007 reg cl 20)

(1) Transport for NSW may issue special number-plates to a person pursuant to arrangements determined by Transport for NSW (referred to in this Division as the special number-plate arrangements).

(2) Special number-plates may be issued to a person for a motor vehicle registered by Transport for NSW (to display the distinguishing registration number assigned to the vehicle) or independently of vehicle registration. Special number-plates issued independently of vehicle registration must be kept in the possession of Transport for NSW, unless Transport for NSW otherwise determines in a particular case or class of cases.

(3) Transport for NSW may set the fees, charges and consideration to be paid for or in connection with the issue of special number-plates and other services provided by Transport for NSW in connection with the issue of special number-plates. However, any such fee, charge or consideration cannot be set in relation to a matter for which a fee is prescribed by Schedule 3.

(4) The special number-plate arrangements can include provision for the following—

(a) the terms and conditions under which special number-plates are issued and the rights and obligations of plate holders in respect of special number-plates,

(b) the arrangements under which special number-plates issued independently of vehicle registration are to be held in the possession of Transport for NSW (including requirements for the payment of additional fees and charges in connection with that service),

(c) providing for the consideration to be paid for or in connection with the issue of a special number-plate to be determined by auction, tender or other competitive process,

(d) the issue of replica or souvenir versions of special number-plates,

(e) requiring an agreement to be entered into for the issue of special number-plates (being an agreement between Transport for NSW and a person for or in connection with the issue to the person of special number-plates).

(5) The required agreement for the issue of special number-plates can include provision for the following—

(a) the terms and conditions under which the special number-plates are issued and the rights and obligations of the plate holder in respect of special number-plates,

(b) requiring payment of the fees, charges and consideration that are payable under the special number-plate arrangements for or in connection with the issue of special number-plates,

(c) any other matters in connection with special number-plates that Transport for NSW considers appropriate.

(6) The requirements of the special number-plate arrangements are in addition to the other requirements of this Division relating to the issue of number-plates.

(7) In this clause, issue a number-plate includes allocate, set aside, reserve, transfer and replace a number-plate.

22 Auxiliary number-plates

22 Auxiliary number-plates

(cf 2007 reg cll 21 and 21A)

(1) Transport for NSW may, on payment of any applicable fee, issue an auxiliary number-plate (in addition to any vehicle number-plates) bearing the registration number assigned to the motor vehicle for which it is issued.

Note.

Clause 20 requires Transport for NSW to assign a distinguishing registration number to any motor vehicle that is registered (conditionally or otherwise) by Transport for NSW. See clause 13 for conditional registration.

(2) An auxiliary number-plate cannot be issued for a motor bike or motor trike.

(3) An auxiliary number-plate is to conform to any specifications that Transport for NSW determines and must display the matter “NSW” or the words “New South Wales”, and any other words or matter that may be determined—

(a) by Transport for NSW with the consent of the Minister in the case of an auxiliary number-plate that is a standard number-plate, or

(b) by Transport for NSW in the case of an auxiliary number-plate that is a special number-plate.

(3A) Subclause (3) does not apply in respect of an auxiliary number-plate that is issued in addition to a heavy vehicle number-plate. However, an auxiliary number-plate that is issued in addition to a heavy vehicle number-plate must conform to any specifications that Transport for NSW determines.

(4) An auxiliary number-plate must not be displayed unless the rear number-plate of the motor vehicle for which it is issued is obscured by—

(a) an apparatus attached to the motor vehicle for use in transporting a bicycle, personal mobility device or motor bike, or

(b) a trailer or caravan being towed by the motor vehicle, but only if the number-plate of the trailer or caravan is obstructed by an apparatus attached to the trailer or caravan for use in transporting a bicycle or personal mobility device, or

(c) an implement, a vehicle exempt from registration, or an unregistered registrable vehicle, being towed by the motor vehicle, or

(d) a trailer being towed by the motor vehicle for the conveyance of a boat, but only if the number-plate of the trailer is obscured by the boat.

cl 22: Am 2018 No 23, Sch 1.5 [3].

23 TfNSW may alter distinguishing number of registration

23 TfNSW may alter distinguishing number of registration

(cf 2007 reg cl 22)

(1) Transport for NSW may at any time alter the distinguishing number of the registration of a registrable vehicle or of a number-plate allocated, reserved or set aside by Transport for NSW.

(2) Without limiting subclause (1), Transport for NSW may alter the distinguishing number of a registrable vehicle if Transport for NSW considers that—

(a) there is an error of any kind in the vehicle number-plate issued for the vehicle, or

(b) there has been an error of any kind in the issuing of a vehicle number-plate for the vehicle.

(3) On or before altering the distinguishing number of the registration of a registrable vehicle under this clause, Transport for NSW must give notice in writing to the registered operator of the vehicle requiring the registered operator to return to Transport for NSW, within the period specified in the notice, any number-plate issued in respect of the vehicle.

(4) The registered operator must comply with the notice.

Maximum penalty—20 penalty units.

(5) On receipt of a number-plate returned in accordance with the requirements of a notice given under this clause, Transport for NSW is to issue to the registered operator of the registrable vehicle concerned a replacement number-plate bearing the distinguishing number, as altered, of the registration of the vehicle for each number-plate that is returned.

(6) This clause extends to a number-plate issued under a corresponding law of another jurisdiction in connection with the registration of a heavy vehicle if, at the time of the notice, the heavy vehicle is registered in this State.

cl 23: Am 2018 No 23, Sch 1.5 [4]; 2019 No 1, Sch 1.18 [3]; 2020 No 30, Sch 4.88[2].

24 TfNSW may alter number-plate design

24 TfNSW may alter number-plate design

(cf 2007 reg cl 22A)

(1) Transport for NSW may at any time alter the design of a number-plate issued by Transport for NSW. The design of a number-plate includes the colour, layout, style and other characteristics of the appearance of a number-plate.

(2) Transport for NSW may give notice in writing to the registered operator of a vehicle requiring the registered operator to return to Transport for NSW, within the period specified in the notice, any number-plate issued in respect of the vehicle that Transport for NSW has decided to alter the design of.

(3) The registered operator must comply with the notice.

Maximum penalty—20 penalty units.

(4) Transport for NSW alters the design of a number-plate by issuing a replacement number-plate with the altered design.

(5) In this clause, issue a number-plate includes allocate, set aside and reserve a number-plate.

cl 24: Am 2020 No 30, Sch 4.88[2].

pt.2-div.5-sdiv.3 Use of number-plates

Subdivision 3 Use of number-plates

25 Display of number-plates

25 Display of number-plates

(cf 2007 reg Sch 2 cl 61)

(1) The vehicle number-plate issued by Transport for NSW for a vehicle must be permanently affixed to the vehicle so that (assuming the vehicle to be on level ground)—

(a) the number-plate is at all times—

(i) in an upright position that is substantially parallel to the vehicle’s axles, and

(ii) not more than 1.3 metres above ground level, and

(b) the number-plate is not obscured, defaced or otherwise illegible, and

(c) the numbers on the number-plate are clearly visible from any point that is—

(i) up to 20 metres from the number-plate, and

(ii) within an arc of 45 degrees from the surface of the number-plate above or to either side of the vehicle, as shown in figures 1 and 2 of Diagram 1 (in relation to heavy vehicles) and figures 1 and 2 of Diagram 2 (in relation to light vehicles), and

(d) any cover on the number-plate—

(i) is clear, clean, untinted and flat over its entire surface, and

(ii) has no reflective or other characteristics that would prevent the successful operation of a device approved for use under a law relating to the detection of traffic offences, and

(e) in the case of a motor vehicle other than a motor bike—1 number-plate is affixed to the front of the vehicle and another to its rear, and

(f) in the case of a motor bike or trailer—at least 1 number-plate is affixed to its rear, and

(g) in the case of a motor vehicle for which number-plates of different sizes are issued—the larger of the number-plates is affixed to the rear of the vehicle.

Diagram 1—Heavy vehicles

Diagram 2—Light vehicles

(2) Subclause (1)(a) does not apply to a vehicle number-plate of a registrable vehicle if—

(a) due to the construction of the vehicle it is not practicable to comply with that paragraph, and

(b) the number-plate is affixed in a manner that complies so far as practicable with that paragraph.

(3) Subclause (1)(b) does not apply to the rear vehicle number-plate of a registrable vehicle if—

(a) the rear number-plate 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 number-plate in accordance with subclause (1) or, when the towed vehicle is not required to display a rear number-plate, the registration number of the registrable vehicle is displayed at the rear of the towed vehicle in a manner that complies so far as is practicable with subclause (1).

(4) Subclause (1)(b) and (c) do not apply to the rear vehicle number-plate of a motor vehicle if an auxiliary number-plate issued for the motor vehicle is displayed, in accordance with clause 22(4), at the rear of the vehicle in a manner that complies (as far as is practicable) with subclause (1)(a)–(d).

(5) This clause does not apply to a tow truck that is towing a motor vehicle and displaying a number-plate issued under the Tow Truck Industry Act 1998 in accordance with the requirements imposed under that Act.

Note.

If the number-plate of a tow truck is likely to be obscured by a motor vehicle that is to be towed by the tow truck, the Tow Truck Industry Regulation 2020, clause 79 requires that the driver of the tow truck display the number-plate at the rear of the towed vehicle or in such other manner that the number-plate remains clearly visible.

(6) Transport for NSW may exempt any particular vehicle or class of vehicle from the requirements of this clause.

(7) An exemption may be granted subject to conditions.

(8) Transport for NSW may amend or revoke an exemption or a condition made or imposed in accordance with subclause (6) or (7).

pt.2-div.5-sdiv.4 Reservation, transfer and replacement of number-plates

Subdivision 4 Reservation, transfer and replacement of number-plates

26 Reservation of number-plates

26 Reservation of number-plates

(cf 2007 reg cl 23)

Transport for NSW may, on payment of any applicable fee, reserve a number-plate (or the distinguishing number for a number-plate).

27 Transfer of number-plates

27 Transfer of number-plates

(cf 2007 reg cl 24)

(1) Transport for NSW may, on payment of any applicable fee, transfer number-plates from one vehicle to another.

(2) Transport for NSW may, on payment of any applicable fee, transfer the reservation of a number-plate (or the distinguishing number for a number-plate).

28 Replacement of surrendered number-plates

28 Replacement of surrendered number-plates

(cf 2007 reg cl 25)

(1) Transport for NSW may, on payment of any applicable fee, issue a number-plate to replace an existing number-plate.

(2) The content and style of a replacement number-plate may be the same as or different from the content and style of the existing number-plate.

(3) If a replacement number-plate is issued for a registrable vehicle before an existing number-plate for the vehicle is surrendered, the registered operator of the vehicle must surrender any existing number-plate to Transport for NSW within 14 days after the replacement number-plate is issued.

Maximum penalty—20 penalty units.

pt.2-div.5-sdiv.5 Damaged, destroyed or missing number-plates

Subdivision 5 Damaged, destroyed or missing number-plates

29 Damaged number-plates

29 Damaged number-plates

(cf 2007 reg cl 26)

(1) The plate holder of a number-plate that has become damaged must surrender the damaged number-plate to Transport for NSW as soon as reasonably practicable for replacement under clause 28.

(2) The plate holder must at the same time surrender any other number-plate with the same distinguishing number, unless Transport for NSW otherwise approves in a particular case.

Maximum penalty—20 penalty units.

30 Lost, stolen or destroyed number-plates

30 Lost, stolen or destroyed number-plates

(cf 2007 reg cl 27)

(1) If any vehicle number-plate is lost, stolen or destroyed, a plate holder must, as soon as is practicable after discovering the loss, theft or destruction—

(a) notify Transport for NSW in writing of the loss, theft or destruction, and

(b) deliver to Transport for NSW any other number-plate with the same number unless it too is lost, stolen or destroyed.

Maximum penalty—20 penalty units.

(2) If an auxiliary number-plate is lost, stolen or destroyed, the plate holder must, as soon as practicable after discovering the loss, theft or destruction, notify Transport for NSW in writing accordingly.

(3) Transport for NSW may request any such plate holder—

(a) to forward evidence, in a form acceptable to Transport for NSW, verifying the loss, theft or destruction of the number-plate and stating the circumstances connected with it, and

(b) if a vehicle number-plate is lost, stolen or destroyed—to pay any applicable fee for replacing a lost, stolen or destroyed number-plate.

(4) Transport for NSW may issue a new number-plate under clause 28 to replace a number-plate that is lost, stolen or destroyed.

(5) When Transport for NSW issues a new number-plate to replace a number-plate that is lost, stolen or destroyed, the new number plate must—

(a) in the case of a vehicle number-plate—have a distinguishing number that is different from that of the number-plate it replaces, or

(b) in the case of an auxiliary number-plate—have the same number as the number-plate it replaces,

unless Transport for NSW otherwise approves in a particular case.

31 Recovery of lost or stolen number-plates

31 Recovery of lost or stolen number-plates

(cf 2007 reg cl 28)

A person who recovers a lost or stolen number-plate must, as soon as practicable after recovering the number-plate—

(a) notify Transport for NSW of the recovery, and

(b) deliver to Transport for NSW the recovered number-plate (unless otherwise directed by Transport for NSW).

Maximum penalty—20 penalty units.

pt.2-div.5-sdiv.6 General

Subdivision 6 General

32 Return of number-plates

32 Return of number-plates

(cf 2007 reg cl 28A)

(1) Transport for NSW may, by notice in writing to a person who has possession of a number-plate issued by Transport for NSW, require the person to return the number-plate to Transport for NSW within the period specified in the notice.

(2) The person must comply with the notice.

Maximum penalty—20 penalty units.

33 Special number-plate concession arrangements

33 Special number-plate concession arrangements

(cf 2007 reg cl 28B)

(1) Transport for NSW may use operational information, or release operational information to the special number-plate concessionaire, to facilitate the operation of the special number-plate concession concerned or any subsidiary arrangement.

(2) A person who obtains operational information in the course of exercising functions under a special number-plate concession or a subsidiary arrangement must not make a record of or disclose the information except—

(a) in the exercise of the person’s functions under or for the purposes of the special number-plate concession, or

(b) with other lawful authority.

Maximum penalty—20 penalty units.

(3) Transport for NSW may delegate any function of Transport for NSW under this Division (except this power of delegation) to a special number-plate concessionaire.

(4) In this clause—

operational information means any information obtained by Transport for NSW in the exercise of any function of Transport for NSW, including—

(a) information in any register kept by Transport for NSW, and

(b) information that is of a personal nature or that has commercial sensitivity.

special number-plate concession means a commercial arrangement entered into by Transport for NSW for the provision of marketing and other services to Transport for NSW in connection with the issue of special number-plates.

special number-plate concessionaire means a person with whom Transport for NSW enters into a special number-plate concession.

subsidiary arrangement means a commercial arrangement entered into by the special number-plate concessionaire in connection with a special number-plate concession.

34 Possession of number-plates

34 Possession of number-plates

(cf 2007 reg cl 28C)

(1) A person is guilty of an offence if the person is in possession, without lawful excuse, of number-plates issued by or under the law of New South Wales or any other State or Territory.

Maximum penalty—30 penalty units.

(2) A person is guilty of an offence if the person is in possession, without lawful excuse, of number-plates that were not issued by or under the law of New South Wales or any other State or Territory but that could be mistaken for, or resemble, number-plates so issued.

Maximum penalty—30 penalty units.

Division 6 Renewal of registration

Division 6 Renewal of registration

35 Notices of renewal of registration

35 Notices of renewal of registration

(cf 2007 reg cl 29)

(1) A notice of renewal of registration is a notice addressed to the registered operator of a registrable vehicle stating that, if the vehicle’s existing registration is not renewed on or before a specified date, the registration will expire.

(2) If Transport for NSW fails to send a notice of renewal, that failure does not affect—

(a) the expiry of the vehicle’s existing registration, or

(b) the obligation of the registered operator to renew the registration of the vehicle if the registered operator intends to use the vehicle on a road or road related area after the expiry of the vehicle’s existing registration.

36 Renewal of registration

36 Renewal of registration

(cf 2007 reg cl 30)

(1) The registered operator of a registrable vehicle may apply for renewal of the registration of the vehicle by submitting to Transport for NSW—

(a) an application for renewal of registration in the form approved by Transport for NSW, and

(b) the amount of the relevant registration charge for the vehicle, and

(c) the applicable fee for renewal of registration for the relevant period, and

(d) payment, or evidence of payment, of any applicable third party insurance premium required by third party insurance legislation in respect of the vehicle.

(2) However, Transport for NSW may renew the registration of a vehicle if the registered operator is an eligible pensioner (who is not liable to pay any relevant registration charge for the vehicle), without the need for any application.

(3) The registration of a registrable vehicle may be renewed—

(a) not more than 3 months after the expiry of registration of the vehicle, or

(b) in the case of a seasonal vehicle—not more than 12 months after the expiry of registration of the vehicle.

(4) The expiry date of a renewed period of registration must be calculated as if the renewal had commenced—

(a) on the day after the day recorded in the register as the expiry date of the period of the registration being renewed, or

(b) in the case of a seasonal vehicle—on the first day of the nominated period.

(5) Subclauses (3) and (4) do not have the effect of retrospectively registering a registrable vehicle.

(6) Transport for NSW may refuse to renew the registration of a registrable vehicle only if the circumstances are such that if an initial application for registration of the vehicle were being made Transport for NSW would refuse the application under clause 12(1).

Note.

The registration of a vehicle cannot be renewed unless Transport for NSW is satisfied that the vehicle’s garage address is in New South Wales: see section 65 of the Act.

(7) Transport for NSW may, by notice in writing, require the registered operator of a registrable vehicle to return the number-plates of the vehicle to Transport for NSW within the period specified in the notice if—

(a) the period during which the registration of a registrable vehicle may be renewed expires, and

(b) the registration of the vehicle is not renewed.

(8) The registered operator must comply with the notice.

Maximum penalty (subclause (8)): 20 penalty units.

Part 3 Alteration of registration status

Part 3 Alteration of registration status

37 Obligations of registered operators

37 Obligations of registered operators

(cf 2007 reg cl 31)

(1) The registered operator of a registered vehicle must notify Transport for NSW, in a form approved by Transport for NSW, not more than 14 days after a change in—

(a) the vehicle’s garage address, or

(b) the registered operator’s name, home address or address for service of notices.

Note.

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

(2) (Repealed)

(3) The registered operator of a registrable vehicle must notify Transport for NSW of any change to the vehicle—

(a) that affects the accuracy of its description on the certificate of registration for the vehicle in accordance with clause 15(e)–(h), or

(b) that would cause the operator to incur liability for an additional charge under Schedule 2 to the Act or under the Motor Vehicles Taxation Act 1988.

(4) The registered operator must ensure that a vehicle subject to such a change is not used until after—

(a) Transport for NSW has been notified in accordance with subclause (3), and

(b) any additional fee or charge attributable to the change has been paid.

(5) However, the registered operator of a registrable vehicle is not required to notify Transport for NSW of any change that affects the accuracy of the vehicle’s description on the certificate of registration for the vehicle if the operator has already provided that information under clause 11 of Schedule 2 to the Act.

(6) The registered operator of a registrable vehicle must present the vehicle for inspection or testing in accordance with reasonable notice in writing served on the operator by Transport for NSW.

(7) The registered operator of a registrable vehicle must provide any information reasonably required by Transport for NSW to demonstrate that the garage address recorded in the Register is the vehicle’s actual garage address.

Maximum penalty—20 penalty units.

cl 37: Am 2018 (629), Sch 1 [2].

38 Obligations of disposers: application for transfer of registration and notification to TfNSW

38 Obligations of disposers: application for transfer of registration and notification to TfNSW

(cf 2007 reg cl 33)

(1) A person, or the agent of a person, who disposes of a registered registrable vehicle must, immediately after disposing of the vehicle—

(a) complete an application for transfer of registration as disposer in the form approved for that purpose by Transport for NSW and sign it, and

(b) give the completed form to the acquirer.

(2) If the person or agent is a motor dealer, the person or agent must also, immediately after disposing of the vehicle, notify Transport for NSW of the following—

(a) the full names and addresses of the following persons—

(i) if the motor dealer is an agent for another person—the person on whose behalf the vehicle has been disposed of,

(ii) the person who has acquired the vehicle,

(b) the date of the disposal,

(c) the registration number of the vehicle.

(3) This clause does not apply to the passing of possession of a registrable vehicle—

(a) under any hiring (not being a hiring under a hire-purchase agreement) or under any lending (not being a lending under a lease agreement) of a registrable vehicle, or

(b) to an agent for the purposes of sale or disposal, or

(c) to a bailee for the purpose of alteration, repair, renovation, garaging, storing or any other similar purpose not involving the use of the vehicle for the benefit of the bailee, or

(d) in accordance with an order of a court in Australia or with any other legal process.

cl 38: Am 2020 No 30, Sch 4.88[2].

39 Obligations of acquirers

39 Obligations of acquirers

(cf 2007 reg cl 34)

(1) A person, or the agent of a person, who acquires a registered registrable vehicle must, within 14 days after acquiring the vehicle—

(a) apply to Transport for NSW, in the form approved by Transport for NSW, to transfer the registration of the vehicle to the acquirer, and

(b) pay the applicable fee for transfer of the registration of the vehicle and any duty payable under applicable duty legislation, and

(c) if the vehicle is acquired in accordance with an order of a court in Australia or with any other legal process, provide Transport for NSW with evidence of the court order or process.

Maximum penalty—20 penalty units.

(2) If the applicable fee referred to in subclause (1) includes an additional amount payable by reason of the making of the application after a date or period, Transport for NSW may in a particular case exempt an applicant from liability to pay that additional amount if Transport for NSW is satisfied there is sufficient cause for doing so.

(3) A person, or the agent of a person, who acquires a registered registrable vehicle is not required to pay the applicable fee referred to in subclause (1) if the person is any of the following—

(a) a veteran to whom section 22, 23 or 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth applies,

(b) a member or former member (within the meaning of the Military Rehabilitation and Compensation Act 2004 of the Commonwealth) who suffers from an impairment assessed under that Act to constitute at least 50 impairment points, and who is eligible for, in receipt of, or has at any time received compensation or a special rate disability pension under that Act.

(4) This clause does not apply to the passing of possession of a registrable vehicle—

(a) under any hiring (not being a hiring under a hire-purchase agreement) or under any lending (not being a lending under a lease agreement) of a registrable vehicle, or

(b) to an agent for the purposes of sale or disposal, or

(c) to a bailee for the purpose of alteration, repair, renovation, garaging, storing or any other similar purpose not involving the use of the vehicle for the benefit of the bailee.

40 Repossession and restoration

40 Repossession and restoration

(cf 2007 reg cl 35)

(1) The holder of a security interest in a registered registrable vehicle must notify Transport for NSW, and apply for transfer of the vehicle, not more than 14 days after—

(a) taking possession of the vehicle from the registered operator of the vehicle, or

(b) returning possession of the vehicle to the registered operator of the vehicle.

(2) The notification and application must be in a form approved by Transport for NSW.

(3) The application must be accompanied by the applicable fee for transfer of registration of the vehicle.

41 Registration of the transfer of vehicles and functions of TfNSW

41 Registration of the transfer of vehicles and functions of TfNSW

(cf 2007 reg cl 36)

(1) Transport for NSW may refuse to register the transfer of registration of a registrable vehicle if—

(a) the registrable vehicle is the subject of a vehicle defect notice that—

(i) prohibits the use of the vehicle or imposes conditions on the use of the vehicle, and

(ii) has not been cleared in accordance with this Regulation or the Heavy Vehicle National Law (NSW), or

(b) the vehicle is registered on condition that it not be transferred, or

(c) the requirements of this Regulation relating to transfer of registration have not been complied with, or

(d) Transport for NSW reasonably believes that the ownership, possession, control or description of the registrable vehicle (or of any part of the registrable vehicle) is uncertain, or

(e) the person disposing of, or the person acquiring, the registrable vehicle fails to comply with the requirements of a law relating to inspection of registrable vehicles, or

(f) Transport for NSW would refuse an application to register the vehicle under this Regulation, or

(g) Transport for NSW has sought further information or supporting evidence in relation to the transfer and the information or evidence has not been furnished to Transport for NSW, or

(h) (Repealed)

(i) Transport for NSW is satisfied that the effective management of the vehicle has not changed.

(2) Transport for NSW may refuse to register the transfer of registration of a registrable vehicle for which any special number-plate has been issued unless—

(a) the registration number has been altered in accordance with this Regulation, and

(b) any number-plate issued for the vehicle has been surrendered to Transport for NSW.

(3) Transport for NSW must refuse to register a transfer of registration of a registrable vehicle if an order of a court in Australia prohibits the transfer of registration of the vehicle, and Transport for NSW has been notified of the order.

(4) Transport for NSW may register the transfer of a registrable vehicle, despite the failure of one of the parties to the transfer to meet a requirement of this Regulation relating to the transfer of registrable vehicles, if Transport for NSW considers it appropriate to do so in the circumstances.

(5) If Transport for NSW is advised by the registered operator of a registrable vehicle that the vehicle has been disposed of, Transport for NSW may make an entry in the Register to that effect pending the receipt of the application for transfer.

(6) If Transport for NSW registers a transfer of a registrable vehicle, Transport for NSW must issue a new certificate of registration or issue a form of transfer of registration to the person acquiring the vehicle.

(7) Transport for NSW may, subject to any condition that it thinks fit, exempt any person or class of persons from all or any provisions of this Division (other than this subclause).

cl 41: Am 2020 No 30, Sch 4.88[3]; 2025 (125), Sch 4[3].

42 Transfer on death of registered operator

42 Transfer on death of registered operator

(cf 2007 reg cl 37)

(1) On notification of the death of the registered operator of a registrable vehicle, Transport for NSW may transfer the registration to any person who applies to Transport for NSW for the transfer if—

(a) the person proves to the satisfaction of Transport for NSW that the person is reasonably entitled to the transfer, and

(b) any applicable fee in respect of the transfer is paid.

(2) A transfer may be cancelled by Transport for NSW if, during the currency of the registration, any person produces probate of the will or letters of administration granted to the person for the estate of the deceased and applies, pursuant to the will or letters of administration, to have the registration transferred to a person other than the person to whom the registrable vehicle has been transferred under subclause (1).

(3) A person to whom the registration has been transferred under subclause (1) must, in the event of the transfer being cancelled, immediately deliver the certificate of registration to Transport for NSW on being requested to do so.

Maximum penalty (subclause (3)): 20 penalty units.

43 Expiry of registration

43 Expiry of registration

(cf 2007 reg cl 39)

(1) The registration of a registrable vehicle expires at the end of the day recorded in the Register as the vehicle’s registration expiry date.

(2) A renewal of a registration takes effect—

(a) from the expiry of the registration, or

(b) if reissued by Transport for NSW to take effect from an earlier day—from that day.

(3) If the registration of a registrable vehicle expires, Transport for NSW may, by notice in writing to the registered operator, require the registered operator to return the vehicle’s number-plates to Transport for NSW (or an agent nominated by Transport for NSW) within the period specified in the notice.

(4) The registered operator must comply with the notice.

Maximum penalty (subclause (4)): 20 penalty units.

44 Surrender of registration by registered operator

44 Surrender of registration by registered operator

(cf 2007 reg cl 40)

(1) The registered operator of a registrable vehicle may apply to Transport for NSW to surrender the registration of the vehicle.

(2) Transport for NSW must approve an application for the surrender of the registration of a registrable vehicle unless—

(a) the registered operator of the vehicle has failed to meet the requirements of this Regulation, or

(b) Transport for NSW is taking action to suspend or cancel the registration.

Note.

Division 1 of Part 8 provides for the refund of fees in the case of a surrender or cancellation of registration.

45 Suspension or cancellation of registration by TfNSW

45 Suspension or cancellation of registration by TfNSW

(cf 2007 reg cl 41)

(1) Transport for NSW may suspend or cancel the registration of a registrable vehicle in accordance with this Division if—

(a) a vehicle defect notice relating to the vehicle has not been complied with and the date for compliance specified in the notice has expired, or

(b) the vehicle does not comply with the applicable vehicle standards for the vehicle, or

(c) any amounts payable in relation to the vehicle under duty legislation, the Act or this Regulation have not been paid, or

(d) the vehicle ceases to be an insured motor vehicle within the meaning of the Motor Accident Injuries Act 2017, or

Note.

The Motor Accident Injuries Act 2017, section 2.8 requires TfNSW to comply with a request by a licensed insurer to suspend or cancel the registration of a motor vehicle in certain circumstances.

(e) a payment in a form other than cash submitted to Transport for NSW as payment of a relevant registration charge or fees or duty is dishonoured, or

(f) a penalty imposed on the registered operator of the vehicle in respect of the operation of the vehicle is unpaid and no court order for the payment of a penalty by instalments has been made, or

(g) the registered operator of the vehicle has not complied with a court order for the payment by instalments of a penalty imposed on the registered operator in respect of the operation of the vehicle, or

(h) the vehicle has been destroyed or damaged beyond repair, or

(i) Transport for NSW reasonably believes that the ownership, possession, control or description of the registrable vehicle (or of any part of the registrable vehicle) as recorded in the Register is uncertain, or

(j) Transport for NSW has approved an application to surrender registration of the vehicle, or

(k) any tax on the vehicle under the provisions of any Act is due and unpaid, or

(l) Transport for NSW is satisfied that the registration has been issued erroneously, or

(m) (Repealed)

(m1) Transport for NSW is satisfied the vehicle has been used contrary to a condition of the vehicle’s registration imposed under clause 13, or

(n) the registered operator of the vehicle has failed to comply with a requirement imposed by or under this Regulation to return or surrender a number-plate for the vehicle, or

(o) the vehicle, or a part of the vehicle, is subject to a recall notice under—

(i) the Australian Consumer Law, section 122, or

(ii) the Road Vehicle Standards Rules 2019 of the Commonwealth, section 206.

(1A) Transport for NSW must, at the end of the period of 14 days after a TfNSW offensive advertising notice under clause 48C has been given to the registered operator of a registrable vehicle, cancel the registration of the vehicle in accordance with this Division, unless Ad Standards has given written notice of the withdrawal of the relevant advertising code breach notice before the expiry of the 14-day period.

(2) Transport for NSW may suspend the registration of a registrable vehicle for a period not exceeding 3 months if Transport for NSW is satisfied, on the balance of probabilities, that the registered operator of the vehicle has failed to use or manage the vehicle so as to effectively prevent repeated violations of the traffic law (whether by the registered operator or by another person authorised to use the vehicle).

(3) Transport for NSW may suspend the registration of a registrable vehicle if it appears to Transport for NSW that the registered operator of the vehicle (being a corporation) has committed an offence under section 188(1) of the Act.

(4) Transport for NSW may suspend the registration of a heavy vehicle for a period not exceeding 3 months if 3 or more M5 East Tunnel vehicle emission offences involving the vehicle are committed.

(5) An M5 East Tunnel vehicle emission offence is an offence under clause 16(1) of the Protection of the Environment Operations (Clean Air) Regulation 2010 in relation to the emission of excessive air impurities by a heavy vehicle being used in the M5 East Tunnel.

(6) An M5 East Tunnel vehicle emission offence is committed if—

(a) a court convicts a person of the offence (whether or not it imposes any penalty), or

(b) an amount is paid under a penalty notice in respect of the offence, or

(c) a penalty notice enforcement order under the Fines Act 1996 is made against a person in respect of the offence.

(7) Clause 47 does not apply to a decision to suspend registration under subclause (2), (3) or (4). However, before suspending the registration of a vehicle under any of those subclauses, Transport for NSW—

(a) must give the registered operator of the vehicle notice in writing of the matters referred to in clause 47(1)(a) and (b) and the period of suspension, and

(b) may follow such other procedures prescribed by clause 47 or any other procedures that it considers appropriate.

(8) In this clause, traffic law means—

(a) a provision of Chapter 4 of the Act or this Regulation, or

(b) any other provision of the road transport legislation.

cl 45: Am 2019 (80), cl 3 (2); 2020 No 30, Sch 4.88[2] [4]; 2020 No 33, Sch 2.6; 2021 (136), Sch 1[1]; 2021 (327), Sch 1[3]; 2022 (759), Sch 1[1]–[3]; 2023 No 7, Sch 2.44; 2025 (125), Sch 4[4].

46 Suspension of registration for dimension requirement offence

46 Suspension of registration for dimension requirement offence

(cf 2007 reg cl 41A)

(1) Transport for NSW may suspend the registration of a heavy vehicle for a period not exceeding 6 months if—

(a) a dimension requirement offence involving the vehicle has been committed and one of the following applies—

(i) a court has convicted a person of the offence (whether or not it has imposed any penalty),

(ii) an amount has been paid under a penalty notice for the offence,

(iii) a penalty notice enforcement order under the Fines Act 1996 has been made against a person for the offence, or

(b) Transport for NSW is satisfied that a dimension requirement offence involving the vehicle has been committed and the vehicle—

(i) caused damage to road infrastructure, or

(ii) was involved in an accident, or

(iii) caused a danger or obstruction to traffic, or

(iv) caused an adverse effect on public amenity.

Note.

A decision of Transport for NSW to suspend the registration of a heavy vehicle under this subclause is an appealable decision in respect of which a person affected has a right of appeal to the Local Court. See sections 266 and 267 of the Act.

(2) A dimension requirement offence is—

(a) an offence against rule 102, 103, 104 or 106(2) of the Road Rules 2014, or

(b) an offence against section 96, 102 or 129 of the Heavy Vehicle National Law (NSW).

(3) Clause 47 does not apply to a decision to suspend registration under subclause (1). However, before suspending the registration of a heavy vehicle under that subclause, Transport for NSW—

(a) must give the registered operator of the vehicle notice in writing of the matters referred to in clause 47(1)(a) and (b) and the period of suspension, and

(b) may follow any other procedures prescribed by clause 47 or any other procedures that it considers appropriate.

cl 46: Am 2022 (758), Sch 1.4; 2025 (125), Sch 4[5].

47 Procedures for suspension and cancellation of registration

47 Procedures for suspension and cancellation of registration

(cf 2007 reg cl 42)

(1) If Transport for NSW decides to suspend the registration of a registrable vehicle, Transport for NSW must give the registered operator notice in writing of—

(a) the reasons for the suspension, and

(b) the date on which the registration is to be suspended, and

(c) the action to be taken by the registered operator in order to avoid the suspension or to have the suspension removed.

(2) Transport for NSW must not cancel the registration of a registrable vehicle unless Transport for NSW—

(a) has suspended the registration and believes that a reason for the suspension still exists, and

(b) has served notice on the registered operator that—

(i) advises the registered operator that Transport for NSW has decided to cancel the registration of the vehicle and gives the reasons for the decision, and

(ii) specifies requirements that must be met if the cancellation is to be avoided, and

(iii) states that, if those requirements are not met within 14 days after the date specified in the notice for that purpose, the cancellation will then take effect, and

(iv) if there is a right under Part 7.8 of the Act to appeal against the decision—advises the registered operator of the right of appeal.

(3) Subclause (2) does not apply—

(a) in the case of a cancellation following a surrender of registration by the registered operator under this Division, or

(b) if Transport for NSW is directed to cancel the registration by the Commissioner of Fines Administration under the Fines Act 1996, or

(c) if Transport for NSW is required to cancel the registration by virtue of section 84 or 104C of the Act, or

(d) if Transport for NSW is required to cancel the registration under clause 45(1A).

(4) If the requirements stated in the notice referred to in subclause (2) are not met within the period specified in the notice, the registration of the vehicle is cancelled at the end of that period.

(5) If the registration of a vehicle is cancelled, the registered operator must return any number-plates issued in respect of the registration to Transport for NSW (or an agent nominated by Transport for NSW) within 14 days after the registration is cancelled.

Maximum penalty—20 penalty units.

(5A) Subclause (5) does not apply to a number-plate issued by Transport for NSW in respect of a heavy vehicle that becomes the property of an authority of another jurisdiction because of the operation of section 67A of the Act.

(6) On cancelling the registration of a registrable vehicle, Transport for NSW may require the registered operator of the vehicle to pay the applicable fee for the cancellation.

cl 47: Am 2018 (335), Sch 1 [5]; 2019 No 1, Sch 1.18 [4]; 2020 (286), Sch 1[1]; 2021 (136), Sch 1[2].

48 Cancellation or suspension of registration by court under Heavy Vehicle National Law (NSW) or corresponding law

48 Cancellation or suspension of registration by court under Heavy Vehicle National Law (NSW) or corresponding law

(cf 2007 reg cl 42A)

(1) The registration of a heavy vehicle under this Regulation is cancelled or suspended in accordance with an order made by a court under section 598(2) of the Heavy Vehicle National Law (NSW) (or under a provision of the law of another State or Territory that substantially corresponds to that provision) in relation to the heavy vehicle.

(2) Transport for NSW is to take all appropriate steps to give effect to the order.

Division 4A Offensive advertising

Division 4A Offensive advertising

pt 3, div 4A: Ins 2021 (136), Sch 1[3].

48A Definitions

48A Definitions

In this Division—

Ad Standards means Australian Association of National Advertisers (ACN 003 179 673).

Ad Standards Community Panel means the Panel, formerly known as the Advertising Standards Board, appointed by Ad Standards with the function of considering complaints about advertising, made by members of the public, to determine whether the advertising breaches the advertising code.

advertising code means the document called the AANA Code of Ethics published by the Australian Association of National Advertisers (ACN 003 179 673), as in force from time to time.

advertising code breach notice—see clause 48B.

TfNSW offensive advertising notice—see clause 48C.

cl 48A: Ins 2021 (136), Sch 1[3]. Am 2022 (609), sec 3.

48B Advertising code breach notice

48B Advertising code breach notice

(1) If the Ad Standards Community Panel has made a determination that advertising on a vehicle breaches the advertising code, Ad Standards may give Transport for NSW a written notice (an advertising code breach notice) stating—

(a) the details of the determination, and

(b) the determination is final.

(2) For subclause (1)(b), the determination is final if the period specified for a person to request a review of the determination has ended and—

(a) any of the following applies to each request for a review of the determination—

(i) the request was not accepted because it did not meet the grounds on which a determination may be reviewed,

(ii) the review resulted in a determination that advertising on the vehicle breaches the advertising code, or

(b) no request for a review of the determination was made.

cl 48B: Ins 2021 (136), Sch 1[3].

48C TfNSW offensive advertising notice

48C TfNSW offensive advertising notice

(1) Transport for NSW must give written notice to the registered operator of a registrable vehicle (a TfNSW offensive advertising notice) if Ad Standards has given an advertising code breach notice for the vehicle to Transport for NSW.

(2) A TfNSW offensive advertising notice must state that the vehicle’s registration will be cancelled at the end of the period of 14 days after the notice has been issued to the registered operator unless Ad Standards withdraws its advertising code breach notice.

(3) For the avoidance of doubt, Transport for NSW is not required to give a notice under subclause (1) if Ad Standards withdraws the relevant advertising code breach notice for the vehicle.

cl 48C: Ins 2021 (136), Sch 1[3].

48D Withdrawal of advertising code breach notice

48D Withdrawal of advertising code breach notice

(1) This clause applies if—

(a) Transport for NSW gives a TfNSW offensive advertising notice to the registered operator of the registrable vehicle, and

(b) Ad Standards gives a written notice to Transport for NSW, before Transport for NSW cancels the vehicle’s registration under clause 45(1A), withdrawing the relevant advertising code breach notice.

(2) Transport for NSW must—

(a) take no further action under this Division to cancel the registration of the vehicle, and

(b) give written notice to the registered operator of the vehicle stating that no further action will be taken to cancel the registration of the vehicle.

cl 48D: Ins 2021 (136), Sch 1[3].

48E No refund of registration fee

48E No refund of registration fee

The registered operator of a registrable vehicle is not entitled to the refund of fees paid in respect of registering the vehicle, or part of the fee, because of the cancellation of the registration under clause 45(1A).

cl 48E: Ins 2021 (136), Sch 1[3].

48F Applying for registration after registration cancelled

48F Applying for registration after registration cancelled

An application made under Part 2 for the registration of a vehicle, following the vehicle’s registration being cancelled under clause 45(1A), must be accompanied by a statutory declaration by the applicant stating that the advertisement the subject of the TfNSW offensive advertising notice has been removed from the vehicle.

cl 48F: Ins 2021 (136), Sch 1[3].

48G No transfer of registration

48G No transfer of registration

Transport for NSW must not register the transfer of registration of a registrable vehicle if—

(a) a TfNSW offensive advertising notice for the vehicle has been given to the registered operator, and

(b) Transport for NSW has not given the registered operator notice that no further action will be taken to cancel the vehicle’s registration under clause 48D(2)(b).

cl 48G: Ins 2021 (136), Sch 1[3].

Part 4 Authorised and permitted uses of unregistered registrable vehicles

Part 4 Authorised and permitted uses of unregistered registrable vehicles

49 Issue of unregistered vehicle permits

49 Issue of unregistered vehicle permits

(cf 2007 reg cl 43)

(1) Transport for NSW may issue an unregistered vehicle permit for a registrable vehicle that complies with any applicable third party insurance legislation if—

(a) it would be unreasonable or impracticable to require that the vehicle be registered during a particular period, or

(b) the vehicle has been driven, under clause 17 of Schedule 1, to a place for the purpose of obtaining registration and registration has been refused.

(2) An unregistered vehicle permit authorises, subject to any condition specified in the permit, use of a registrable vehicle on—

(a) a road or road related area, or

(b) particular roads or road related areas.

(3) Unless sooner revoked, an unregistered vehicle permit expires on the expiry date recorded in the permit—

(a) if the permit specifies an expiry time—at that time on the expiry date, or

(b) if no expiry time is specified—at the end of the day recorded as the expiry date.

(4) If Transport for NSW issues an unregistered vehicle permit, Transport for NSW must—

(a) record details of the permit, including any condition to which the permit is subject, in the Register, and

(b) assign a temporary identification number to the vehicle.

(5) Except if otherwise approved by Transport for NSW, an applicant for an unregistered vehicle permit must pay to Transport for NSW any applicable fee for issue of the permit before it is issued.

(6) The holder of the permit must not use the vehicle on a road or road related area unless the holder—

(a) displays a notice affixed securely to the vehicle in a prominent position depicting the temporary identification number assigned to the vehicle by Transport for NSW, and

(b) displays any information that may be required or authorised by Transport for NSW.

(7) An unregistered vehicle permit may be revoked or varied at any time by Transport for NSW.

50 Issue of trader’s plates

50 Issue of trader’s plates

(cf 2007 reg cl 44)

(1) Transport for NSW may, on payment of any applicable fee, issue one or more trader’s plates to any person that Transport for NSW is satisfied—

(a) is a manufacturer or repairer of, or motor dealer in, unregistered registrable vehicles, or

(b) provides some other service in relation to unregistered registrable vehicles that is incidental to the manufacture or repair of, or dealings in, those vehicles, being a service that Transport for NSW is satisfied requires the use of trader’s plates.

(2) Transport for NSW is not to issue a trader’s plate to a person unless Transport for NSW is satisfied that the person carries on business from premises that Transport for NSW considers to be suitable for the issue of trader’s plates.

(3) A trader’s plate issued under this clause—

(a) must conform to any specifications that Transport for NSW may determine, and

(b) must display—

(i) the matter “NSW” and any other words that Transport for NSW may determine with the approval of the Minister, or

(ii) the words “New South Wales” and any other words that Transport for NSW may determine with the approval of the Minister, and

(c) remains the property of Transport for NSW.

51 Use of vehicles with trader’s plates on road or road related area

51 Use of vehicles with trader’s plates on road or road related area

(cf 2007 reg cl 45)

For the purposes of section 68(2)(b) of the Act, a registrable vehicle to which a trader’s plate is attached may be used on a road or road related area only if the use of the vehicle is an authorised use under this Division.

52 Purposes for which trader’s plates may be used

52 Purposes for which trader’s plates may be used

(cf 2007 reg cl 46)

(1) The use of a registrable vehicle to which a trader’s plate is affixed on a road or road related area is an authorised use if the vehicle (or in the case of a trailer, the vehicle by which it is drawn)—

(a) is conveying the trader to whom the plate has been issued or the trader’s authorised employee or agent, and is being driven—

(i) for a purpose connected with its manufacture or repair or connected with a dealing in the vehicle, or

(ii) for a purpose connected with a service provided in relation to unregistered registrable vehicles that is incidental to the manufacture or repair of, or dealings in, those vehicles, being a service that Transport for NSW is satisfied requires the use of trader’s plates, or

(iii) to the nearest convenient registry for registration by the most direct or convenient route, or

(iv) for delivery at the address of a person who has acquired it from such a trader, or

(b) is being test driven by a prospective purchaser who is in possession of a written authorisation to drive the vehicle issued by the trader to whom the plate has been issued or by the trader’s authorised employee or agent.

(2) Nothing in subclause (1) authorises the use on a road or road related area of a registrable vehicle to which a trader’s plate is affixed for the carriage of a load unless—

(a) the load is carried solely for the purpose of demonstrating to a genuine prospective purchaser the capacity of the vehicle for carrying a particular type of weight of loading, or

(b) the vehicle is being driven by the most direct or convenient route to the premises of the trader to whom the plate has been issued from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of a registrable vehicle manufactured or purchased by such a trader for sale by the trader, or

(c) the vehicle is a trailer specially constructed for the carriage of a boat and the loading consists solely of a boat, or

(d) the vehicle weighs not more than 2 tonnes unladen and is being driven—

(i) by the shortest practicable route to the premises of the trader from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of goods that are intended for the trader’s personal use or for use in his or her business as a trader, or

(ii) solely for carrying spare parts (being spare parts for use in connection with the repair of registrable vehicles by such a trader) to the trader’s premises from a railway station or airport to which they have been consigned to the trader.

(3) A person must not authorise an individual to test drive on a road or road related area an unregistered registrable vehicle to which a trader’s plate is attached unless—

(a) the person is the trader to whom the trader’s plate has been issued or is the trader’s authorised employee or agent, and

(b) the person reasonably believes the individual to be a genuine prospective purchaser, and

(c) the person has made a record of the individual’s name and address, and

(d) the person has provided the individual with a written authorisation to drive the vehicle.

Maximum penalty—20 penalty units.

(4) In this clause—

trader’s authorised employee or agent means an employee or agent of the trader duly authorised in writing.

53 Trader to keep and produce record

53 Trader to keep and produce record

(cf 2007 reg cl 47)

A person to whom a trader’s plate for a registrable vehicle is issued must—

(a) in respect of each occasion on which a registrable vehicle is driven on a road or road related area with the plate affixed—cause particulars to be entered on a record in a form approved by Transport for NSW, and

(b) keep any such record at the premises in which the person carries on the business in respect of which the trader’s plate was issued for at least 6 months after the record was made, and

(c) produce any such record for the preceding 6 months for inspection when required so to do by Transport for NSW or a police officer.

Maximum penalty—20 penalty units.

54 Questions regarding use of plate to be answered

54 Questions regarding use of plate to be answered

(cf 2007 reg cl 48)

Any driver or person in charge of a registrable vehicle to which a trader’s plate is affixed or any person to whom a trader’s plate has been issued must, when required to do so by Transport for NSW or a police officer, immediately answer truthfully all questions that are put to the person concerning the purpose for which the plate is used.

Maximum penalty—20 penalty units.

55 Disposal or cessation of business

55 Disposal or cessation of business

(cf 2007 reg cl 49)

If a trader to whom a trader’s plate has been issued sells, disposes of or ceases to carry on the business to which the trader’s plate relates, the trader must, within 14 days, give written notification to Transport for NSW of the sale, disposal or cessation of the business and deliver the trader’s plate to Transport for NSW.

Maximum penalty—20 penalty units.

56 Return of trader’s plate

56 Return of trader’s plate

(cf 2007 reg cl 50)

(1) If Transport for NSW is satisfied that a person has ceased for any reason to be entitled to hold a trader’s plate issued to the person, Transport for NSW may request the person immediately to deliver the trader’s plate to Transport for NSW.

(2) Subject to subclause (1), any person to whom a trader’s plate has been issued must, not later than 14 days after the expiration of the period for which the trader’s plate was issued, deliver the trader’s plate to Transport for NSW.

Maximum penalty—20 penalty units.

(3) A person must not drive, or allow to be driven, or be in charge of, any registrable vehicle on a road or road related area if there is affixed to or displayed upon the vehicle any trader’s plate that was issued for a period that has expired.

Maximum penalty—20 penalty units.

57 Vehicles being driven in the course of motor industry business

57 Vehicles being driven in the course of motor industry business

(cf 2007 reg cl 50A)

(1) For the purposes of section 68(2)(b) of the Act, the use of an unregistered registrable vehicle on a road or on a road related area is permitted if the person using the vehicle—

(a) was not the responsible person for the vehicle at the relevant time, and

(b) was a motor industry business employee or owner using the vehicle in the course of motor vehicle dealing or the repair, inspection, maintenance, cosmetic enhancement or testing of the vehicle at the relevant time.

(2) Subclause (1) does not apply if the person using the vehicle knew, or ought reasonably to have known, that the vehicle was unregistered at the relevant time.

58 Vehicles being driven by persons unaware of registration status

58 Vehicles being driven by persons unaware of registration status

(cf 2007 reg cl 50B)

For the purposes of section 68(2)(b) of the Act, the use of an unregistered registrable vehicle on a road or on a road related area is permitted if the person using the vehicle—

(a) was not the responsible person for the vehicle at the relevant time, and

(b) did not know, and could not reasonably have known, that the vehicle was unregistered at the relevant time.

Part 5 Vehicle standards

Part 5 Vehicle standards

59 Applicable vehicle standards

59 Applicable vehicle standards

(cf 2007 reg cl 51)

For the purposes of this Regulation, the applicable vehicle standards for a registrable vehicle are clause 25 and—

(a) in the case of a light vehicle—the Light Vehicle Standards Rules, and

Note.

See Schedule 2.

(b) in the case of a heavy vehicle within the meaning of the Heavy Vehicle National Law (NSW)—the heavy vehicle standards within the meaning of that Law.

Note.

See the Heavy Vehicle (Vehicle Standards) National Regulation (NSW).

60 Registrable vehicles to comply with applicable vehicle standards

60 Registrable vehicles to comply with applicable vehicle standards

(cf 2007 reg cl 52)

(1) A person must not use a registrable vehicle on a road or road related area unless—

(a) the vehicle complies with clause 25, and

(b) in the case of a light vehicle—

(i) the vehicle complies with the Light Vehicle Standards Rules, and

(ii) the vehicle and its parts and equipment are suitable for safe use and are in a thoroughly serviceable condition.

Maximum penalty—20 penalty units.

Note.

Section 60 of the Heavy Vehicle National Law (NSW) makes it an offence for a person to use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle under that Law.

(2) Without limiting the liability of any other person under subclause (1), if a registrable vehicle is used in contravention of that subclause by a person other than the registered operator of the vehicle, the registered operator is also guilty of an offence under that subclause.

(3) A person is not guilty of an offence under subclause (1) if—

(a) the vehicle concerned is used on a road or road related area in accordance with a condition imposed on its use, given expressly or by necessary implication, by a police officer or Transport for NSW under section 76 of the Act, or

(b) the vehicle—

(i) fails to comply with the dimension limits prescribed by Division 2 of Part 6 of the Light Vehicle Standards Rules, and

(ii) is exempt from the dimension limits by the operation of clause 141, or

(c) the vehicle is conditionally registered under this Regulation despite a failure to comply with an applicable vehicle standard and is used on a road or road related area in accordance with the conditions of registration, or

(d) the vehicle concerned is used on a road or road related area in accordance with the conditions of an unregistered vehicle permit.

(4) If any person employed by the registered operator of a registrable vehicle that is a light vehicle to drive the vehicle becomes aware that the vehicle is not in a safe and thoroughly serviceable condition to be used on a road or road related area, the person must—

(a) prepare, as soon as is practicable, in duplicate, a report on a form supplied to the person for that purpose by the registered operator that includes the prescribed particulars, and

(b) retain a copy of the report and, as soon as is practicable—

(i) leave the other copy of the report with the registered operator, or

(ii) if it is not practicable for the registered operator personally to take delivery of the report—leave the report for the operator with a person, or at a place, appointed by the operator for the purpose.

Maximum penalty—20 penalty units.

(5) The registered operator of a registrable vehicle that is a light vehicle who employs a person to drive the vehicle must—

(a) provide the driver with forms for the purposes of subclause (4) and appoint a person with whom, or a place at which, any report referred to in that subclause may be left for the operator when it is not practicable for the registered operator to take delivery of it, and

(b) retain a copy of any report left with or for the registered operator under subclause (4) for a period of 6 months from the date of the report, and

(c) produce the report (or cause it to be produced) for inspection if required to do so by Transport for NSW or a police officer.

Maximum penalty—20 penalty units.

(6) Nothing in subclause (4) or (5) affects the liability of any person under subclause (1) or (2).

(7) In this clause—

prescribed particulars, in relation to a report referred to in subclause (4), means—

(a) the date of the report, and

(b) the registration number of the vehicle, and

(c) a statement specifying which parts or equipment of the vehicle need, in the person’s opinion, to be repaired, replaced or adjusted to put the vehicle in a safe and thoroughly serviceable condition.

registrable vehicle includes a road train and any component vehicle of a road train and a B-double.

road train means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer and a converter dolly supporting a semi-trailer).

Road train

61 Compliance with vehicle standards

61 Compliance with vehicle standards

(cf 2007 reg cl 53)

(1) Transport for NSW may accept as evidence that a registrable vehicle complies with the applicable vehicle standards for the vehicle—

(a) an identification plate relating to the vehicle, or

(b) a certificate to that effect issued by the manufacturer of the vehicle, or

(b1) the fact that the vehicle has been entered on the RAV, or

(c) the fact that the vehicle and the registered operator of the vehicle are the subject of a national maintenance accreditation, or

(d) the fact that the vehicle and the registered operator of the vehicle are the subject of accreditation under a non-national maintenance accreditation scheme approved by Transport for NSW.

(2) In the absence of evidence mentioned in subclause (1), Transport for NSW may, on inspecting the registrable vehicle, issue a certificate to the effect that the vehicle complies with the applicable vehicle standards for the vehicle.

cl 61: Am 2021 (327), Sch 1[4].

62 Non-complying and non-standard vehicles

62 Non-complying and non-standard vehicles

(cf 2007 reg cl 54)

A registrable vehicle that does not comply with the applicable vehicle standards may be conditionally registered if the vehicle has—

(a) an operations plate installed on it in accordance with this Division, or

(b) a certificate of approved operations issued in accordance with this Division, or

(c) an identification plate relating to the vehicle, or

(d) been entered on the RAV.

cl 62: Am 2021 (327), Sch 1[5].

63 Operations plates and certificates of approved operations

63 Operations plates and certificates of approved operations

(cf 2007 reg cl 55)

(1) Transport for NSW may authorise a person to install an operations plate on, or issue a certificate of approved operations for, a registrable vehicle that has been manufactured or modified in such a way that the vehicle does not comply with the applicable vehicle standards for the vehicle.

(2) An operations plate installed on, or a certificate of approved operations issued for, a registrable vehicle must indicate—

(a) any deficiencies in the vehicle’s operating characteristics, and

(b) any conditions that should be applied to the vehicle’s registration.

64 Modifications to registered light vehicles

64 Modifications to registered light vehicles

(cf 2007 reg cl 55A)

(1) A person must not carry out modifications on a registered light vehicle (whether by the addition or removal of components or otherwise) that result in the vehicle failing to comply with the applicable vehicle standards.

Maximum penalty—20 penalty units.

(2) A light vehicle, or a modification to a light vehicle, is taken to comply with the applicable vehicle standards for the registered light vehicle if—

(a) the vehicle complies with TfNSW standard compliance specifications, or

(b) the vehicle complies with those provisions of Vehicle Standards Bulletin 14 that relate to the way in which the relevant modification is to be undertaken, or

(c) in the case of a street rod vehicle, the construction and any modification of the vehicle is in accordance with—

(i) the National Guidelines for the Construction and Modification of Street Rods in Australia, as published on TfNSW’s website, and

(ii) the NSW Supplement to the National Guidelines for the Construction and Modification of Street Rods in Australia, as published on TfNSW’s website.

(3) (Repealed)

Note.

Section 85 of the Heavy Vehicle National Law (NSW) makes it an offence for a person to modify (or to use or permit the use on a road of) a heavy vehicle unless the modification has been approved by—

(a) an approved vehicle examiner under section 86 of that Law, or

(b) the National Heavy Vehicle Regulator under section 87 of that Law.

cl 64: Am 2020 No 30, Sch 4.88[5] [6]; 2022 (692), Sch 4[1].

65 Construction of or modification to registered vehicles

65 Construction of or modification to registered vehicles

(cf 2007 reg cl 55B)

Transport for NSW may publish guidance material on how a person may demonstrate that a vehicle complies with the applicable vehicle standards.

pt.5-div.3-sdiv.1 When vehicles may be inspected

Subdivision 1 When vehicles may be inspected

66 Directed inspections

66 Directed inspections

(cf 2007 reg cl 56)

(1) Transport for NSW, the National Heavy Vehicle Regulator or a police officer may require a person to present a registrable vehicle for inspection by Transport for NSW, the National Heavy Vehicle Regulator or an authorised examiner at a time and place specified in a notice in writing served on the person if—

(a) the person has control over the vehicle, or

(b) the vehicle is registered and the person is the registered operator of the vehicle.

(2) A person on whom a notice under subclause (1) has been served may, not later than 24 hours before the time specified in the notice, request Transport for NSW, the National Heavy Vehicle Regulator or the police officer to change the time or place of inspection.

(3) Transport for NSW, the National Heavy Vehicle Regulator or the police officer must consider any request made under subclause (2) and must, if it is reasonable to do so, notify the person of any change in the time or place of inspection.

(4) A person must comply with—

(a) any notice served on the person under subclause (1), or

(b) any notification given to the person under subclause (3).

Maximum penalty—20 penalty units.

(5) Transport for NSW or the National Heavy Vehicle Regulator may require the registered operator of a registrable vehicle that is inspected pursuant to this clause to pay the applicable fee for the inspection.

(6) Subclause (5) does not apply to any of the following vehicles if the inspection is carried out solely for the purpose of determining whether the vehicle’s exhaust emission levels comply with this Regulation—

(a) a motor lorry with a GVM of 4.5 tonnes or more,

(b) an articulated motor lorry,

(c) a prime mover,

(d) a tow truck,

(e) a trailer,

(f) a bus or other vehicle equipped to seat more than 8 adult persons,

(g) a taxi.

cl 66: Am 2020 No 30, Sch 4.88[7]; 2022 (416), Sch 4[1] [2].

67 Periodic inspections

67 Periodic inspections

(cf 2007 reg cl 57)

(1) Unless otherwise determined by Transport for NSW, a registrable vehicle must be inspected by Transport for NSW, the National Heavy Vehicle Regulator or by an authorised examiner—

(a) except as provided by paragraph (b), at least once every year, or

(b) in the case of a bus, at least twice every year.

(2) In the case of a vehicle to be inspected by Transport for NSW or the National Heavy Vehicle Regulator—

(a) the fees to accompany an application for the registration or renewal of registration of the vehicle must include—

(i) in the case of a bus, the applicable fees for 2 inspections of the vehicle, or

(ii) in any other case, the applicable fee for 1 inspection of the vehicle, and

(b) the date, time and place for an inspection of the vehicle is to be as agreed between Transport for NSW and the registered operator of the vehicle, and

(c) unless otherwise determined by Transport for NSW, if the vehicle is not presented for an inspection in accordance with such an agreement—

(i) the inspection fee for that inspection is forfeited to Transport for NSW, and

(ii) if the vehicle is subsequently presented for inspection, a further inspection fee must be paid to Transport for NSW before the vehicle is inspected.

(3) An agreement referred to in subclause (2)(b) may be varied at the request of the registered operator of the vehicle so long as the request is made not later than 24 hours before the time currently agreed.

(4) In this clause—

bus means—

(a) a public passenger vehicle that is equipped to seat more than 12 adults, or

(b) a public passenger vehicle that is equipped to seat 12 or fewer adults and is taken to be, or is, used for the purposes of a public passenger service within the meaning of the Passenger Transport Act 1990 or the Passenger Transport Act 2014.

cl 67: Am 2017 (600), cl 3 (1) (2); 2022 (416), Sch 4[3] [4].

pt.5-div.3-sdiv.2 Authorised examiners and inspection stations

Subdivision 2 Authorised examiners and inspection stations

68 Examiner’s authorities

68 Examiner’s authorities

(cf 2007 reg cl 58)

(1) Transport for NSW may authorise in writing any person who, in its opinion, is suitably qualified and of suitable character—

(a) to conduct inspections and tests of registrable vehicles at authorised inspection stations for the purposes of determining whether or not the vehicles—

(i) are suitable for safe use, or

(ii) comply with the requirements of the Act and this Regulation, or

(iii) without limitation, comply with the requirements of the Heavy Vehicle National Law (NSW) and the regulations in force for the purposes of that Law, and

(b) to issue inspection reports relating to those inspections.

(2) However, Transport for NSW must not issue an examiner’s authority to any person unless the person has undertaken, and has passed, a course of instruction for examiners that is approved by Transport for NSW and conducted by an organisation approved by Transport for NSW.

(3) Without limiting subclause (1), an examiner’s authority may be issued to authorise the holder of the authority to conduct inspections and tests referred to in subclause (1) at any place (other than on a road), but only in relation to any classes of heavy vehicles that are specified in the authority.

(4) An examiner’s authority may be subjected at any time to any conditions that Transport for NSW may consider appropriate in relation to the person or class of persons concerned.

(5) An examiner’s authority—

(a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and

(b) remains in force until it is surrendered, suspended or cancelled, and

(c) is to be issued in the manner and in the form approved by Transport for NSW, and

(d) is subject to any condition imposed under this Subdivision.

(6) An examiner’s authority, or a duplicate of such an authority, must not be issued unless—

(a) the applicant for the authority or duplicate has paid the applicable fee for the issue of the authority, or

(b) Transport for NSW has exempted the applicant from payment of that fee.

(7) The charge that may be made for the issue of an inspection report referred to in subclause (1) must not be more than the maximum charge for the time being specified by Transport for NSW.

(8) A person who is not the holder of an examiner’s authority must not—

(a) conduct an inspection or test of a registrable vehicle for the purpose of determining whether or not the vehicle is suitable for safe use or complies with the Act or this Regulation, or

(b) issue an inspection report relating to such an inspection.

Maximum penalty—20 penalty units.

(9) The holder of an examiner’s authority must not breach a condition of the authority.

Maximum penalty—20 penalty units.

(10) A person must not issue an inspection report if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(11) Transport for NSW may exempt any person or class of persons from the requirement under subclause (2) to have undertaken, or to have passed, a course of instruction for examiners.

69 Proprietor’s authorities

69 Proprietor’s authorities

(cf 2007 reg cl 59)

(1) A person may be authorised in writing to use premises for the purpose of conducting inspections and tests of registrable vehicles by authorised examiners if Transport for NSW is satisfied that—

(a) the premises and the equipment on the premises are suitable for that use, and

(b) the person is competent to carry out the responsibilities associated with using the premises for that purpose, and

(c) the person, and each person specified in the application for the proprietor’s authority as being a person who will be involved in the use of the premises for that purpose, are of suitable character.

(2) However, Transport for NSW must not issue a proprietor’s authority to any person unless the person has undertaken, and has passed, a course of instruction for proprietors that is approved by Transport for NSW and conducted by an organisation approved by Transport for NSW.

(3) A proprietor’s authority may be subjected at any time to any conditions that Transport for NSW may consider appropriate in relation to the person or class of persons concerned.

(4) A person must not use premises for the purposes of conducting an inspection or test referred to in subclause (1) unless the person is the holder of a proprietor’s authority in force in respect of the premises.

Maximum penalty—20 penalty units.

(5) A person is not guilty of an offence under subclause (4) if the premises being used for the purposes of conducting an inspection or test are used in accordance with an authority issued under clause 68(3).

(6) A person who uses premises for the purposes of conducting an inspection or test referred to in subclause (1) must not permit an inspection report to be issued from those premises in relation to any such inspection or test if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(7) (Repealed)

(8) A proprietor’s authority—

(a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and

(b) remains in force until it is surrendered, suspended or cancelled by Transport for NSW, and

(b1) is to be issued in the way and in the form approved by Transport for NSW, and

(c) is subject to any condition imposed under this Subdivision.

(9) A proprietor’s authority, or a duplicate of such an authority, must not be issued unless—

(a) the applicant for the authority or duplicate has paid to Transport for NSW the applicable fee for the issue of the authority, or

(b) Transport for NSW has exempted the applicant from payment of that fee.

(10) Transport for NSW may exempt any person or class of persons from the requirement under subclause (2) to have undertaken, or to have passed, a course of instruction for proprietors.

cl 69: Am 2022 (759), Sch 1[4]–[6].

70 TfNSW may issue rules for the purposes of this Subdivision

70 TfNSW may issue rules for the purposes of this Subdivision

(cf 2007 reg cl 60)

(1) Transport for NSW may issue rules, not inconsistent with the Act or this Regulation, relating to all or any of the following—

(a) the inspection and testing of registrable vehicles to determine whether they are suitable for safe use or comply with the Act or this Regulation,

(b) the issue of inspection reports,

(c) the use of authorised inspection stations or other places for the purposes of conducting inspections or tests of registrable vehicles,

(d) the furnishing of information as to persons involved in—

(i) the conduct of inspections and tests of registrable vehicles at authorised inspection stations or other places, or

(ii) the use of authorised inspection stations or other places for the purposes of conducting such inspections and tests.

(2) Transport for NSW may, from time to time, alter any rules so issued.

(3) It is a condition of an examiner’s authority or a proprietor’s authority that the holder of the authority comply with any rule in force under this clause issued to the person.

(4) Transport for NSW must issue a copy of the rules to any person who requests a copy, including an authorised examiner, or authorised proprietor, to whom a copy of the rules has been issued and who requests a further copy.

(5) Transport for NSW may require the payment of the applicable fee before issuing a copy or further copy of the rules, but may issue a copy without a fee in any particular case.

cl 70: Am 2020 No 30, Sch 4.88[2].

71 Books of inspection reports

71 Books of inspection reports

(cf 2007 reg cl 61)

Transport for NSW may, on payment of any applicable fee, issue a book of inspection reports to the holder of a proprietor’s authority.

72 Suspension or cancellation of examiner’s authorities and proprietor’s authorities

72 Suspension or cancellation of examiner’s authorities and proprietor’s authorities

(cf 2007 reg cl 62)

(1) Transport for NSW may suspend or cancel an examiner’s authority or a proprietor’s authority if—

(a) the holder has failed to comply with a condition to which the authority is subject, or

(b) Transport for NSW is, for any reason, of the opinion that the holder is not a fit and proper person to continue to hold the authority.

(2) Without limiting subclause (1)(b)—

(a) Transport for NSW may form the opinion that the holder of an examiner’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the conduct of inspections and tests of registrable vehicles pursuant to the authority is not of suitable character, and

(b) Transport for NSW may form the opinion that the holder of a proprietor’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the use of an authorised inspection station pursuant to the authority is not of suitable character.

(3) Transport for NSW cannot suspend or cancel an examiner’s authority or a proprietor’s authority unless—

(a) Transport for NSW by notice in writing requests the person concerned to show cause why the authority should not be suspended or cancelled on the grounds specified in the notice, and

(b) that person replies to the notice or fails to reply within 21 days from the date the notice was issued.

(4) Subclause (3) does not apply to the suspension of an examiner’s authority or a proprietor’s authority if Transport for NSW has reason to suspect that the holder of the authority intentionally or recklessly contravened a rule in force under this Subdivision and is likely to commit further contraventions of the rules.

cl 72: Am 2022 (759), Sch 1[6].

73 Committee of review

73 Committee of review

(cf 2007 reg cl 63)

(1) Transport for NSW is to appoint a committee of review to which Transport for NSW may refer for consideration and report to Transport for NSW any case where consideration is being given to the refusal, suspension or cancellation of an examiner’s authority or a proprietor’s authority.

(2) The committee of review is to include—

(a) a representative of Transport for NSW, who is to be the chairperson of the committee, and

(b) representatives of any organisations associated with trading in or servicing of registrable vehicles that Transport for NSW considers appropriate.

(3) The committee of review may determine its own procedure for dealing with cases referred to it by Transport for NSW for consideration and report.

(4) The committee of review must take into consideration any reply to a notice referred to in clause 72(3) that is received by Transport for NSW before Transport for NSW refers the matter to which the notice relates to the committee.

(5) The committee of review is to report to Transport for NSW on any matter referred to it for consideration and must include in the report any recommendation that it wishes to make.

(6) If members of the committee of review do not agree on the nature of a recommendation to be included in a report, the committee must record the disagreement in its report and may include in the report more than 1 recommendation.

(7) In determining whether to suspend or cancel an examiner’s authority or a proprietor’s authority under this Subdivision, Transport for NSW is to have regard to the report of the committee of review but is not bound to follow any recommendation included in the report.

74 Notification of decisions by TfNSW

74 Notification of decisions by TfNSW

(cf 2007 reg cl 64)

(1) If an application for the issue of an examiner’s authority or a proprietor’s authority is refused, or if an examiner’s authority or proprietor’s authority is suspended or cancelled by Transport for NSW, Transport for NSW must notify the applicant or holder of the authority in writing of the refusal, suspension or cancellation and of the grounds for it.

(2) The decision of Transport for NSW to suspend or cancel an authority has effect—

(a) on and from the date that is 21 days after the date on which the holder of the authority is notified, or

(b) if the holder appeals to the Local Court under Part 7.8 of the Act against the decision—subject to any orders of the Court and to the provisions of the Road Transport (General) Regulation 2021, section 147.

(3) However, if Transport for NSW has reason to suspect that the holder of an authority has intentionally or recklessly contravened a rule in force under this Subdivision and is likely to commit further contraventions of the rules, the decision of Transport for NSW to suspend or cancel the authority may be expressed, in the instrument by which the holder is notified of the decision, to be effective on and from the date on which the holder is notified, and the decision has effect accordingly.

(4) The date on which a holder is notified under this clause is—

(a) if the notice is sent by mail—the date when the notice would be delivered in the ordinary course of post, or

(b) if the notice is delivered to the holder personally—the date when it is delivered.

(5) When a decision of Transport for NSW to suspend or cancel an authority has effect, the holder must immediately deliver to Transport for NSW any forms issued by Transport for NSW in connection with the authority together with the authority itself.

cl 74: Am 2020 No 30, Sch 4.88[2]; 2021 (487), Sch 7.12[1]; 2022 No 59, Sch 2.41[1].

75 Definitions

75 Definitions

(cf 2007 reg cl 65)

In this Division—

component identification number, when used in relation to a part of a registrable vehicle, means the number and any accompanying letters or symbols stamped on or otherwise affixed to that part as a means of identifying the part (but does not include any casting number or any number used as a means of identifying a class of parts for manufacturing purposes).

vehicle part of a registrable vehicle means—

(a) the engine of the vehicle, or

(b) the engine block of the vehicle, or

(c) in relation to a registrable vehicle other than a motor bike—the chassis, chassis sub-frame or body of the vehicle, or

(d) in relation to a motor bike—the frame or the crankcase of the motor bike.

cl 75: Am 2020 (286), Sch 1[2].

76 Allotment of component identification numbers

76 Allotment of component identification numbers

(cf 2007 reg cl 66)

(1) Transport for NSW may allot a component identification number for a vehicle part of a registrable vehicle if—

(a) there is no component identification number on the vehicle part of the vehicle or the component identification number of the vehicle part appears to have been altered, defaced, removed or obliterated, and

(b) Transport for NSW is satisfied that such a number is necessary for the purpose of identifying the vehicle part.

(2) Transport for NSW may, by notice in writing, require the registered operator of the vehicle to have the number it has allotted to the vehicle part stamped on the vehicle part in the position specified in the notice.

77 Altering component identification numbers of vehicle parts without authority

77 Altering component identification numbers of vehicle parts without authority

(cf 2007 reg cl 67)

(1) A person (other than a manufacturer) must not, without the written authority of Transport for NSW and except in accordance with this Part, stamp or affix (or cause or permit any other person to stamp or affix) any component identification number on or to a vehicle part of a registrable vehicle.

(2) A person must not alter, deface, remove or obliterate any component identification number stamped on or otherwise affixed to a vehicle part of a registrable vehicle otherwise than in accordance with this Part.

(3) A person must not possess a vehicle part of a registrable vehicle knowing that the component identification number stamped on or otherwise affixed to the part has been altered, defaced, removed or obliterated otherwise than in accordance with this Part.

Maximum penalty—20 penalty units.

78 Change or replacement of vehicle part

78 Change or replacement of vehicle part

(cf 2007 reg cl 68)

A person who changes or replaces a vehicle part of a registrable vehicle must—

(a) notify Transport for NSW of the change or replacement within 14 days of the change or replacement, and

(b) specify the following in the notification—

(i) the date of the change or replacement,

(ii) the registration number, if any, of the vehicle,

(iii) the name and address of the registered operator of the vehicle,

(iv) the make and component identification number of the vehicle part removed from the vehicle,

(v) the make and component identification number of the vehicle part substituted for the original vehicle part,

(vi) the name and address of the person from whom the substituted vehicle part was obtained, and

(c) retain a copy of the notification in the person’s possession for a period of 6 months, and

(d) produce a copy of any such notification for inspection if required to do so by Transport for NSW or a police officer.

Maximum penalty—20 penalty units.

79 Interference with component identification number

79 Interference with component identification number

(cf 2007 reg cl 69)

The registered operator of a vehicle may, if authorised in writing by Transport for NSW, alter, deface, remove or obliterate any component identification number stamped on or otherwise affixed to a vehicle part of the vehicle.

80 Issue of vehicle defect notices and formal warnings

80 Issue of vehicle defect notices and formal warnings

(cf 2007 reg cl 70)

(1) A vehicle defect notice issued under the Act may be stated to be—

(a) a major defect notice if, in the reasonable opinion of the person issuing the notice, the further use of the registrable vehicle in road transport after the time specified in the notice would constitute an imminent and serious safety risk, or

(b) a minor defect notice if, in the reasonable opinion of the person issuing the notice, deficiencies in the registrable vehicle, if allowed to continue after the time specified in the notice, may—

(i) constitute a safety risk, or

(ii) hinder the ability of a person to identify the vehicle by reference to its number-plates.

Note.

Section 76 of the Act provides that a police officer or Transport for NSW may issue a vehicle defect notice under the Act.

Safety risk is defined in the Dictionary to mean danger to a person, to property or to the environment.

(2) A vehicle defect notice issued under the Act must state—

(a) the registrable vehicle’s registration details including the registration number, unregistered vehicle permit number (if practicable and applicable), expiry date and jurisdiction of registration, and

(b) the name of the driver of the registrable vehicle or, if the driver is not present when the notice is issued, the term “registered operator”, and

(c) to the extent practicable, the registrable vehicle’s identification details including its VIN, or if there is no VIN, the chassis number or engine number, its make and type, and

(d) the type of inspection conducted, and

(e) the details of the registrable vehicle’s defects and whether the notice is a major defect notice or a minor defect notice, and

(f) the time and date after which the registrable vehicle is not to be used on a road or road related area, and

(g) the means by which the registrable vehicle must be moved to another location following issue of the vehicle defect notice, and

(h) the repair requirement, including the date by which repairs must be completed if the vehicle is to be used on a road or road related area, and

(i) whether a penalty notice was also issued in relation to the defect at that time, and

(j) the name, official number or other identification of the person who issued the notice.

(3) A person who issues a vehicle defect notice under the Act must—

(a) in the case of a registrable vehicle the driver of which is present—give the driver the vehicle defect notice, and

(b) in the case of a registrable vehicle that is unattended—cause the vehicle defect notice to be affixed to the vehicle, and

(c) in the case of a major defect notice—cause a defective vehicle label to be affixed to the registrable vehicle.

(4) A driver of a registrable vehicle (other than the registered operator of the vehicle) who is given a vehicle defect notice in accordance with subclause (3) must cause the notice to be sent to the registered operator of the vehicle.

Maximum penalty—20 penalty units.

(5) A defective vehicle label must state—

(a) the registrable vehicle’s registration number, and

(b) the time and date after which the registrable vehicle is not to be used on a road or road related area, and

(c) the means by which the registrable vehicle must be moved to another location following issue of the vehicle defect notice to which the label relates, and

(d) the name, official number or other identification of the person who issued the notice, and

(e) the date of issue of the label, and

(f) the serial number of the vehicle defect notice to which the label relates.

(6) If a person who is entitled to issue a vehicle defect notice under the Act considers that deficiencies in a registrable vehicle should be remedied even though they do not constitute a safety risk or hinder the ability of a person to identify the vehicle by reference to its number-plates, the person may—

(a) in the case of a registrable vehicle where the driver is present—give the driver a formal written warning, and

(b) in the case of a registrable vehicle that is unattended—cause the formal written warning to be affixed to the vehicle.

(7) A driver of a registrable vehicle (other than the registered operator of the vehicle) who is given a formal written warning in accordance with subclause (6) must cause the warning to be sent to the registered operator of the vehicle.

Maximum penalty (subclause (7)): 20 penalty units.

81 Recording, clearance and withdrawal of vehicle defect notices

81 Recording, clearance and withdrawal of vehicle defect notices

(cf 2007 reg cl 71)

(1) If a vehicle defect notice is issued under the Act, Transport for NSW must record in the Register in relation to the vehicle—

(a) the serial number of the vehicle defect notice, and

(b) the date (if any) shown on the notice for the clearance of the vehicle unless that date is later than the date of any recorded certificate of inspection.

(2) Transport for NSW may conduct, or require to be conducted, an inspection for the purposes of considering whether the defects described in a vehicle defect notice issued under the Act have been rectified and that the registrable vehicle does not have any other defects.

(3) Transport for NSW may require the registered operator of a registrable vehicle that is inspected pursuant to this clause to pay the applicable fee for the inspection.

(4) A vehicle defect notice issued under the Act may be cleared by Transport for NSW, an authorised examiner or an authorised person.

(5) For the purposes of this Regulation, a vehicle defect notice issued under the Act is cleared when—

(a) Transport for NSW receives evidence, in a form approved by Transport for NSW, that the registrable vehicle is no longer defective, and

(b) in the case of a major defect notice—Transport for NSW causes the defective vehicle label to be defaced or removed from the registrable vehicle.

(6) A person must not deface or remove a defective vehicle label unless authorised to do so by Transport for NSW.

Maximum penalty—20 penalty units.

(7) On the vehicle defect notice issued under the Act being cleared, Transport for NSW must make a record in the Register to the effect that the vehicle defect notice has been cleared.

(8) A person who issues a vehicle defect notice under the Act may withdraw that notice at any time and must cause—

(a) notice of the withdrawal to be sent to the person to whom the vehicle defect notice was issued, and

(b) a record to be made in the Register to the effect that the vehicle defect notice has been withdrawn.

cl 81: Am 2022 (759), Sch 1[7].

Part 6 Certification of vehicles

Part 6 Certification of vehicles

82 Definitions

82 Definitions

(cf 2007 reg cl 76AA)

(1) In this Part—

certifier’s licence or licence means a certifier’s licence in force under this Part.

compliance certificate means a certificate issued in accordance with this Part.

inspect a vehicle includes test a vehicle.

licensed certifier means a person who holds a certifier’s licence.

modification of a vehicle includes the addition of components to, or the removal of components from, the vehicle.

(2) Division 2 applies in relation to light vehicles only.

Note.

See Part 3.3 of the Heavy Vehicle National Law (NSW) with respect to the modification of heavy vehicles within the meaning of that Law.

(3) Division 3 applies in relation to light vehicles and heavy vehicles.

83 Significant modifications to vehicles

83 Significant modifications to vehicles

(cf 2007 reg cl 76AB)

(1) Transport for NSW may declare a modification, or class of modifications, to a vehicle to be modifications to which this Division applies.

(2) A declaration is to be made by order published in the Gazette and may be made only if Transport for NSW is of the opinion that any such modification may pose a risk of harm to any person or affect the safe operation of a vehicle.

84 Modified vehicles not to be used unless certified

84 Modified vehicles not to be used unless certified

(cf 2007 reg cl 76AC)

(1) A person must not use a vehicle on a road or road related area and the registered operator or owner of the vehicle must not permit the vehicle to be used in such a way if the vehicle has had a modification to which this Division applies.

Maximum penalty—20 penalty units.

(2) A person does not commit an offence under subclause (1) if a compliance certificate has been issued in respect of the modification or in respect of the whole vehicle as modified and any such certificate has not been cancelled.

85 Compliance certificate may be issued

85 Compliance certificate may be issued

(cf 2007 reg cl 76AD)

(1) A licensed certifier may issue a compliance certificate in a form approved by Transport for NSW to the registered operator of a vehicle (or, if the vehicle is unregistered, to the owner of the vehicle).

(2) A licensed certifier must not issue a compliance certificate in respect of a vehicle unless the certifier—

(a) holds a licence that permits the certifier to issue the particular compliance certificate, and

(b) has inspected the vehicle and has decided that—

(i) the vehicle complies with the applicable vehicle standards, or

(ii) the particular modification to the vehicle to which the certificate relates does not cause the vehicle to fail to comply with the applicable vehicle standards.

(3) For the purposes of subclause (2)(b), a light vehicle, or a modification to a light vehicle, that complies with TfNSW standard compliance specifications or those provisions of Vehicle Standards Bulletin 14 that relate to the way in which the relevant modification is to be undertaken is to be taken to comply with the applicable vehicle standards for the vehicle.

(4) (Repealed)

(5) A licensed certifier must not issue a compliance certificate if the certifier knows, or ought reasonably to suspect, that the certificate is false or misleading in a material particular.

(6) A licensed certifier must pay to Transport for NSW, within the time specified by Transport for NSW, the applicable fee for each compliance certificate issued under this clause.

Maximum penalty—20 penalty units.

cl 85: Am 2020 No 30, Sch 4.88[5]; 2022 (692), Sch 4[2].

86 TfNSW may cancel compliance certificate

86 TfNSW may cancel compliance certificate

(cf 2007 reg cl 76AE)

(1) Transport for NSW may, by notice in writing given to the registered operator of a vehicle (or, if the vehicle is unregistered, to the owner of the vehicle), cancel a compliance certificate that relates to the vehicle if, in the opinion of Transport for NSW—

(a) the certificate was issued fraudulently, incorrectly or negligently, or

(b) the certificate is no longer relevant owing to subsequent modifications to the vehicle, or

(c) the vehicle no longer complies with the applicable vehicle standards.

(2) The compliance certificate is cancelled at the time the notice is given or, if a later time is specified in the notice, at that later time.

cl 86: Am 2020 No 30, Sch 4.88[2].

87 Person may drive vehicle for purpose of compliance certificate

87 Person may drive vehicle for purpose of compliance certificate

(cf 2007 reg cl 76AF)

A person does not commit an offence under clause 60 (Registrable vehicles to comply with applicable vehicle standards), 84 (Modified vehicles not to be used unless certified) or the registration provisions (within the meaning of Schedule 1) in respect of a vehicle that is being driven—

(a) to a licensed certifier for the purpose of obtaining a compliance certificate by the most direct and convenient route, or

(b) in the course of the inspection of the vehicle by a licensed certifier, or

(c) from any such inspection by the most direct and convenient route to the nearest place where work can be carried out on the vehicle to enable it to comply with the applicable vehicle standards, but only if the driver of the vehicle has notice in writing from the licensed certifier who inspected the vehicle that the vehicle does not pose an imminent risk to road safety.

88 Definition

88 Definition

(cf 2007 reg cl 76AG)

In this Division—

vary a licence includes imposing or revoking conditions to which the licence is subject or varying such conditions.

89 Applications with respect to licences

89 Applications with respect to licences

(cf 2007 reg cl 76AH)

(1) An individual may apply to Transport for NSW for a certifier’s licence or for the renewal or variation of such a licence.

(2) An application must—

(a) be made in the manner and form approved by Transport for NSW, and

(b) be supported by any information required by Transport for NSW, and

(c) be accompanied by the applicable fee for the particular application, and

(d) in the case of an application for a renewal or variation of a licence, be made during the term of the existing licence.

(3) Transport for NSW is to decide an application by approving or refusing the application.

(4) Transport for NSW may, at its discretion, refuse an application on any ground.

(5) Transport for NSW must refuse an application for a licence or an application for a renewal of a licence if it is of the opinion that a person is not competent, or is not a fit and proper person, to hold a licence.

(6) Transport for NSW must give notice in writing to the applicant of its decision including, if Transport for NSW decides to issue or renew a licence, the term of the licence.

(7) If Transport for NSW refuses an application the notice must specify the reasons for the refusal.

90 Licences

90 Licences

(cf 2007 reg cl 76AI)

(1) A certifier’s licence is to be issued in the manner and form approved by Transport for NSW and may be issued unconditionally or subject to conditions.

(2) The term of a licence (unless cancelled or surrendered sooner) is the term of 1 year or any other period that may be specified by Transport for NSW.

(3) Transport for NSW may, by notice in writing to the holder of a licence, cancel or suspend the licence or vary the licence or the term of the licence—

(a) if the holder has failed to comply with this Part, including any condition to which the licence may be subject under this Part, or

(b) if the holder is not, in the opinion of Transport for NSW, competent to hold the licence, or

(c) if the holder is not, in the opinion of Transport for NSW, a fit and proper person to hold the licence, or

(d) at its discretion on any other ground.

(4) A variation, suspension or cancellation takes effect at the time the notice is given or, if a later time is specified in the notice, at that later time.

(5) The holder of a licence must not breach a condition of the licence.

Maximum penalty—20 penalty units.

(6) The holder of a licence may surrender the licence at any time by notice in writing to Transport for NSW.

91 Consultation before making certain decisions

91 Consultation before making certain decisions

(cf 2007 reg cl 76AJ)

(1) Transport for NSW must not make a relevant licensing decision unless Transport for NSW—

(a) gives the person concerned notice in writing of the grounds for the proposed decision, and

(b) requests in the notice that the person make a written submission, within 21 days, with respect to the proposed decision, and

(c) takes into account any submission received from the person within that 21-day period.

(2) In this clause—

relevant licensing decision means a decision under this Part—

(a) to suspend or cancel a licence, or

(b) to refuse an application to renew a licence, or

(c) to impose or vary a condition on a particular licence (rather than on all licences).

92 Immediate suspensions

92 Immediate suspensions

(cf 2007 reg cl 76AK)

(1) Transport for NSW may suspend a licence immediately (an immediate suspension) without complying with clause 91 if Transport for NSW is proposing to cancel the licence because it is of the opinion that the holder of the licence—

(a) intentionally or recklessly contravened any requirement of this Part, including any condition to which the licence may be subject under this Part, or

(b) poses a risk to road safety if he or she continues to hold the licence.

(2) After it imposes an immediate suspension, Transport for NSW must, in respect of the proposed cancellation of the licence—

(a) give notice under clause 91 within 14 days, and

(b) make its final decision within 35 days after giving that notice (the specified period).

(3) An immediate suspension remains in force with respect to a licence—

(a) if Transport for NSW decides, within the specified period, to cancel the licence—until the licence is cancelled or, if the decision to cancel the licence is the subject of an appeal, until the Court overturns the decision or orders that the suspension should no longer remain in force, or

(b) if Transport for NSW decides, within the specified period, not to cancel the licence—until that decision is made, or

(c) if Transport for NSW makes no decision within the specified period—until the end of that specified period.

cl 92: Am 2019 (392), Sch 1 [1].

93 Record keeping requirements

93 Record keeping requirements

(cf 2007 reg cl 76AL)

(1) The holder of a licence must keep a record of the following in respect of each inspection undertaken for the purposes of this Part—

(a) the following identification details of the vehicle on which the inspection was carried out—

(i) the registration number of the vehicle (if issued),

(ii) the vehicle identifier of the vehicle,

(iii) the make and model of the vehicle,

(iv) the build date or compliance date of the vehicle,

(b) a record of the methods and calculations used during the inspection,

(c) the results of the inspection,

(d) a record of any compliance certificate issued as a result of the inspection.

(2) A person who is required to keep a record under this clause must keep the record for at least 7 years after it is made.

(3) A person who is required to keep a record under this clause must produce the record to Transport for NSW or an authorised person when required to do so by Transport for NSW or an authorised person.

Maximum penalty—20 penalty units.

94 Insurance

94 Insurance

(cf 2007 reg cl 76AM)

(1) In this clause—

required insurance, in respect of a person, means professional indemnity insurance and public liability insurance that—

(a) indemnify the person against any liability to pay compensatory damages arising from any act or omission of the person in the exercise of the functions of a licensed certifier under this Part, and

(b) satisfy any other requirements of Transport for NSW that are set out in an order of Transport for NSW that is published in the Gazette for the purposes of this clause.

(2) A licensed certifier must not hold out that the licensed certifier is covered by the required insurance unless the licensed certifier is covered by the required insurance.

Maximum penalty—20 penalty units.

(3) A person must be covered by—

(a) the required insurance at all times that the person is a licensed certifier, and

(b) the required insurance that is professional indemnity insurance for at least 7 years after the person ceases to be a licensed certifier.

Maximum penalty—20 penalty units.

(4) For the purposes of this clause, a person is taken to be covered by the required insurance if the person pays amounts specified by Transport for NSW, at any times that Transport for NSW may direct, towards insurance cover obtained by Transport for NSW on behalf of the person.

(5) A licensed certifier’s licence is suspended—

(a) at any time that the licensed certifier is not covered by the required insurance, and

(b) if the licensed certifier is relying on the insurance obtained by Transport for NSW, at any time that there is an amount owing after the date payment is required under subclause (4).

95 Offence of holding out

95 Offence of holding out

(cf 2007 reg cl 76AN)

(1) A person must not issue a document that purports to certify to the registered operator or owner of a vehicle (for which a compliance certificate is required before the vehicle may be driven on a road or road related area) that the vehicle, or a modification to the vehicle, complies with the applicable vehicle standards unless the document is a compliance certificate.

Maximum penalty—20 penalty units.

(2) A person must not purport to issue a compliance certificate or hold himself or herself out as a person who may issue such a certificate unless the person is the holder of a licence and the licence permits the person to issue the particular compliance certificate.

Maximum penalty—20 penalty units.

96 Service of notices under Part

96 Service of notices under Part

(cf 2007 reg cl 76AO)

The date on which a person other than a registered operator is taken to have been given or served with a notice under this Part is—

(a) if the notice is sent by mail—the fourth working day after the notice was posted, or

(b) if the notice is delivered to the person personally—the date when it is so delivered.

Note.

The Road Transport (General) Regulation 2021, section 155 makes similar provision in respect of notices given or served on registered operators.

cl 96: Am 2021 (487), Sch 7.12[2]; 2022 No 59, Sch 2.41[2].

Part 7 Written-off light vehicles

Part 7 Written-off light vehicles

pt 7, hdg: Subst 2018 (629), Sch 1 [3].

pt 7: Am 2018 (629), Sch 1 [4] (“written-off vehicles”, “written-off vehicle”, “vehicle damage details”, “notifiable vehicle”, “vehicle damage assessment”, “vehicle damage assessments”, “certificate of compliance”, “certificates of compliance”, “prescribed returned vehicle”, “hail-damaged vehicle” and “hail-damaged vehicles” omitted wherever occurring, “written-off light vehicles”, “written-off light vehicle”, “light vehicle damage details”, “notifiable light vehicle”, “light vehicle damage assessment”, “light vehicle damage assessments”, “light vehicle certificate of compliance”, “light vehicle certificates of compliance”, “prescribed returned light vehicle”, “hail-damaged light vehicle” and “hail-damaged light vehicles” inserted instead, respectively).