127AWaiver of registration fee for toll users

#### 127A Waiver of registration fee for toll users 127A Waiver of registration fee for toll users > > (1) Application for waiver An individual (an applicant) may apply to Transport for NSW, in a form approved by Transport for NSW, for the waiver of all or half of the registration fee for a registrable light motor vehicle (except for its conditional registration) if— > > > > > (a) the commencement date for the registration period is in the 2018–2019 financial year or a subsequent financial year, and > > > > > (b) the registration period is not less than 12 months, and > > > > > (c) the applicant is entitled to the waiver for that financial year as provided by this clause. > > > (2) An application for the waiver of half of a registration fee cannot be made before 1 July 2019 unless the applicant is an individual who has been invited or permitted by Transport for NSW to apply for the waiver in relation to tolls paid in the 2018–2019 financial year. > > > (3) Entitlement to waiver An applicant is entitled to the waiver of all or half of a registration fee for a registrable light motor vehicle payable in a financial year if— > > > > > (a) the vehicle is used or proposed to be used— > > > > > > > (i) solely or principally by the applicant, and > > > > > > > (ii) substantially for social or domestic purposes or for pleasure, and > > > > > (b) the applicant has paid at least the minimum expenditure amount in tolls for the previous financial year calculated as provided by a minimum expenditure calculation order. > > > > Note. > > > > A light motor vehicle that is used or proposed to be used substantially for purposes other than those referred to in paragraph (a)(ii) (for example, business purposes) will not be covered by this subclause. > > > (4) An applicant cannot rely on the same minimum expenditure amount in respect of the registration of more than one registrable light motor vehicle. > > > (5) Transport for NSW may refund to an applicant a registration fee that has already been paid if— > > > > > (a) the applicant is entitled to a waiver under this clause, and > > > > > (b) Transport for NSW is satisfied that there was a sufficient reason why an application for the waiver was not made at the time of payment. > > > (6) Information for application Transport for NSW may require an applicant to provide Transport for NSW with any information specified by Transport for NSW for the purpose of assisting it to determine the applicant’s entitlement to a waiver. > > > > Note. > > > > Clause 78 of the [Roads Regulation 2018](/view/html/inforce/current/sl-2018-0512) also enables Transport for NSW (and its delegates such as Service NSW) to require toll service providers to provide information to assist Transport for NSW to determine an applicant’s entitlement to a waiver under this clause. It also authorises toll service providers to disclose any required information. > > > (7) Without limiting subclause (6), Transport for NSW may require an applicant to provide evidence of the relevant payment of tolls in the previous financial year concerned. > > > (8) Minimum expenditure amount The minimum expenditure amount in tolls for a previous financial year is— > > > > > (a) if the previous financial year is the 2017–2018 financial year and the application relates to the waiver of all of a fee—$1,300 (inclusive of GST), or > > > > > (aa) if the previous financial year is the 2018–2019 financial year— > > > > > > > (i) for an application relating to the waiver of all of a fee—$1,300 (inclusive of GST), or > > > > > > > (ii) for an application relating to the waiver of half of a fee—$780 (inclusive of GST), or > > > > > (b) if the previous financial year is the 2019–2020 financial year or a subsequent financial year—the amount (inclusive of GST) calculated in accordance with the formula specified by subclause (9) for the financial year concerned. > > > (9) For the purposes of subclause (8)(b), the minimum expenditure amount in tolls for a previous financial year is to be calculated by adding 4 percent to the minimum expenditure amount for the financial year immediately before it rounded up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards). > > > (10) The Minister may, by order published on the NSW legislation website (a minimum expenditure calculation order), specify one or more methods for calculating when amounts paid in tolls in respect of one or more registrable light motor vehicles can be counted towards determining whether the minimum expenditure amount in tolls for a previous financial year has been reached. > > > > Note. > > > > The first previous financial year in respect of which a minimum expenditure calculation order can be made is the 2017–2018 financial year because applications for a waiver can only be made for registrations commencing during the 2018–2019 financial year or a subsequent financial year. > > > (11) To avoid doubt, a minimum expenditure calculation order may provide for tolls paid in respect of registrable light motor vehicles to be included in a method of calculation even if they are not registrable light motor vehicles for which an application for a waiver is made. > > > (11A) An amendment made to this clause by the [Road Transport (Vehicle Registration) Amendment (Toll Relief Scheme) Regulation 2019](/view/pdf/asmade/sl-2019-196) does not affect any entitlement to claim an exemption, or any exemption granted, under this clause as in force immediately before the commencement of that Regulation. > > > (12) Definitions In this clause— > > > > financial year means the period of 12 months commencing on 1 July in any year. > > > > minimum expenditure calculation order—see subclause (10). > > > > previous financial year, in relation to a financial year, means the financial year immediately before that financial year. > > > > registrable light motor vehicle means a motor vehicle that is registrable and has a tare mass that is not greater than 2,794 kilograms. > > > > registration fee, in relation to a registrable light motor vehicle, means the fee payable under a provision of this Regulation for the registration, or renewal of the registration, of the vehicle that is specified by Part 1 of Schedule 3. > > > > toll means a toll (inclusive of GST) levied in connection with a vehicle’s use of a tollway, bridge, tunnel or road-ferry within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) (but excluding any administrative charges or fees paid in connection with the toll or a tolling account). > > **cl 127A:** Ins 2018 (139), Sch 1. Am 2019 (196), Sch 1 \[1\]–\[15\].