6Meaning of road vehicle

#### 6 Meaning of road vehicle (1) A road vehicle means any of the following: (a) a motor vehicle designed solely or principally for use in transport on public roads; (b) a trailer or other vehicle (including equipment or machinery equipped with wheels) designed to be towed on a public road by a motor vehicle covered by paragraph (a); (c) a vehicle that is within a class determined in an instrument under paragraph (5)(a) and not determined in an instrument under paragraph (6)(b); (d) a vehicle determined in an instrument under paragraph (6)(a); (e) a partly completed or unassembled vehicle that would otherwise be covered by any of the above paragraphs. (2) If: (a) a person holds a road vehicle type approval for a vehicle of a particular type; and (b) that type of vehicle is not a road vehicle covered by subsection (1); and (c) the person enters, or authorises the entry of, a vehicle of that type on the RAV in accordance with this Act; the vehicle becomes a road vehicle at the time the vehicle is entered on the RAV. (3) For the purposes of paragraphs (1)(a) and (b), in determining whether a motor vehicle is designed solely or principally for use in transport on public roads, regard is to be had only to the physical and operational features of the motor vehicle. (4) However, a vehicle is not a road vehicle if: (a) the vehicle is within a class determined in an instrument under paragraph (5)(b) and not determined in an instrument under paragraph (6)(a); or (b) the vehicle is specified in an instrument under paragraph (6)(b). Determination of classes of vehicles (5) The Secretary may, by legislative instrument: (a) determine classes of vehicles that are road vehicles; or (b) determine classes of vehicles that are not road vehicles. Determination of specified vehicles (6) The Secretary may, by notifiable instrument: (a) determine that a specified vehicle is a road vehicle; or (b) determine that a specified vehicle is not a road vehicle. (7) The power to make a notifiable instrument under subsection (6) is not limited by a legislative instrument made under subsection (5). Incorporation of other instruments (8) An instrument under subsection (5) or (6) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (9) Subsection (8) has effect despite subsection 14(2) of the Legislation Act 2003.