sec.217Deciding application

sec.217 Deciding application

The chief executive must, after considering the application— grant the application; or refuse the application. The chief executive may grant the application only if the chief executive is satisfied the production motorbike— is fitted with either— an electric motor; or an internal-combustion engine with an engine capacity of not more than 660mL; and has a power-to-weight ratio of not more than 150kW per tonne; and has not been modified other than for an allowable modification. If the chief executive decides to grant the application, the chief executive must— record the motorbike in the register as a learner approved motorbike; and record the motorbike in the LAM list. If the chief executive decides to refuse the application, the chief executive must give the applicant written notice of the refusal. The notice must state— the decision to refuse; and the reasons for the refusal; and that the decision may be reviewed under section 213 . In this section— allowable modification , for a learner approved motorbike, means— a modification that— is designed to enable a person with a physical impairment to ride the motorbike; and does not increase the maximum engine power of the motorbike; and is a compliant modification of the learner approved motorbike under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 17 ; or modification of the motorbike’s foot controls to enable the driver to operate the motorbike by hand controls a modification of the motorbike’s seating capacity that is a compliant modification of the learner approved motorbike under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 17 . (sec.217-ssec.1) The chief executive must, after considering the application— grant the application; or refuse the application. (sec.217-ssec.2) The chief executive may grant the application only if the chief executive is satisfied the production motorbike— is fitted with either— an electric motor; or an internal-combustion engine with an engine capacity of not more than 660mL; and has a power-to-weight ratio of not more than 150kW per tonne; and has not been modified other than for an allowable modification. (sec.217-ssec.3) If the chief executive decides to grant the application, the chief executive must— record the motorbike in the register as a learner approved motorbike; and record the motorbike in the LAM list. (sec.217-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the applicant written notice of the refusal. (sec.217-ssec.5) The notice must state— the decision to refuse; and the reasons for the refusal; and that the decision may be reviewed under section 213 . (sec.217-ssec.6) In this section— allowable modification , for a learner approved motorbike, means— a modification that— is designed to enable a person with a physical impairment to ride the motorbike; and does not increase the maximum engine power of the motorbike; and is a compliant modification of the learner approved motorbike under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 17 ; or modification of the motorbike’s foot controls to enable the driver to operate the motorbike by hand controls a modification of the motorbike’s seating capacity that is a compliant modification of the learner approved motorbike under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 17 .