Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Written-off Vehicles) Regulations 2002

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Written-off Vehicles) Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .

7 October 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

J. G. COX

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Written-off Vehicles) Regulations 2002 .

2.   Commencement

These regulations take effect on the day on which the Vehicle and Traffic Amendment (Written-off Vehicles) Act 2002 commences.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of Act in subregulation (1) :

affected vehicle has the meaning given by subregulation (1A) ;

(b) by omitting the definition of Australian Design Rule from subregulation (1) and substituting the following definitions:

auction house means a person who carries on the business of selling, or exchanging, affected vehicles by way of public auction;

auto-parts dismantler means a person who carries on one or more of the following businesses:

(a) demolishing or dismantling vehicles or parts or accessories of vehicles; or

(b) buying vehicles that have been demolished or dismantled or substantially demolished or dismantled; or

(c) buying and selling parts, or accessories, obtained from vehicles that have been demolished or dismantled;

(c) by inserting the following definition after the definition of current registration label in subregulation (1) :

dealer means a person who carries on one or more of the following businesses:

(a) buying vehicles;

(b) selling vehicles;

(c) exchanging vehicles;

(d) by inserting the following definitions after the definition of heavy vehicle charging category in subregulation (1) :

insurer means –

(a) a person who carries on the business of insuring vehicles; and

(b) a self-insured fleet operator; and

(c) a prescribed person or a person of a prescribed class of persons;

interstate written-off vehicles register means a register kept under a law of another State or a Territory that corresponds to the register kept under regulation 106(1)(a)(iv) ;

(e) by inserting the following definition after the definition of light rigid vehicle licence in subregulation (1) :

loss assessor means a person employed or engaged, by either an insurer of a vehicle or a person who has insured a vehicle with an insurer, to prepare and lodge claims in respect of loss of or damage to the vehicle against the insurer;

(f) by inserting the following definition after the definition of primary licence in subregulation (1) :

register of motor vehicles and trailers means the register kept under regulation 106(1)(a)(ii) ;

(g) by inserting "of motor vehicles and trailers" after "register" in the definition of residential address in subregulation (1) ;

(h) by inserting the following definition after the definition of security interest in subregulation (1) :

self-insured fleet operator means a person who operates 3 or more vehicles and does not hold a policy of insurance in respect of the loss of or damage to any of those vehicles;

(i) by omitting the definition of VIN from subregulation (1) and substituting the following definition:

vehicle identifier means –

(a) in the case of a vehicle manufactured before January 1989, the number shown on the compliance plate that uniquely identifies the vehicle and corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; and

(b) in the case of a vehicle manufactured during or after January 1989, the VIN allocated to the vehicle;

(j) by omitting " subregulation (2) ." from the definition of war service in subregulation (1) and substituting " subregulation (2) ;";

(k) by inserting the following definitions after the definition of war service in subregulation (1) :

written-off vehicle label means a label issued by the Registrar under regulation 66D(1) ;

written-off vehicles register means the register kept under regulation 106(1)(a)(iv) .

(l) by inserting the following subregulation after subregulation (1) :

(1A)  A vehicle is an affected vehicle if –

(a) it has a GVM of 4.5 tonnes or less; and

(b) the end of the month which is the fifteenth anniversary of its date of manufacture, within the meaning of the relevant ADR, has not passed.

5.    Regulation 24 amended (Renewal of driver licence)

Regulation 24(2)(a) of the Principal Regulations is amended by inserting "driver licence" after "amend the".

6.    Regulation 32 amended (Ancillary certificates)

Regulation 32(2)(f) of the Principal Regulations is amended by inserting "driver licence" after "in the".

7.    Regulation 47 amended (Identification numbers)

Regulation 47 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) ;

(b) by omitting subregulation (4) .

8.    Regulation 49 amended (Registration of motor vehicles and trailers)

Regulation 49 of the Principal Regulations is amended as follows:

(a) by inserting the following paragraph after paragraph (b) in subregulation (2) :

(ba) subject to subregulations (2A) and (2B) , the identification number or vehicle identifier of the vehicle is the same as the identification number or vehicle identifier of a vehicle that –

(i) has been entered in the written-off vehicles register; or

(ii) has been entered in an interstate written-off vehicles register as a statutory write-off; or

(b) by inserting the following subregulations after subregulation (2) :

(2A)  The Registrar may not refuse to register a vehicle under subregulation (2)(ba)(i) if –

(a) the identification number or vehicle identifier of that vehicle was entered in the written-off vehicles register because the vehicle to which the identification number or vehicle identifier belonged was stolen; and

(b) the Registrar is satisfied that –

(i) the stolen vehicle was lawfully recovered; and

(ii) the vehicle to be registered is that recovered stolen vehicle; and

(iii) the vehicle is not otherwise a statutory write-off or a repairable write-off.

(2B)  The Registrar may not refuse to register a vehicle under subregulation (2)(ba)(i) if –

(a) the identification number or vehicle identifier of that vehicle was entered in the written-off vehicles register because the vehicle to which the identification number or vehicle identifier belonged was a repairable write-off; and

(b) the Registrar is satisfied that the vehicle to be registered –

(i) is that repairable write-off; and

(ii) has been repaired so that it is roadworthy and complies with the relevant vehicle standards.

(c) by inserting in subregulation (4) "of motor vehicles and trailers" after "register".

9.    Regulation 52 amended (Recording of registration)

Regulation 52 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1)(a) "of motor vehicles and trailers" after "register";

(b) by inserting in subregulation (2) "of motor vehicles and trailers" after "register";

(c) by inserting in subregulation (3) "of motor vehicles and trailers" after "record in the register";

(d) by inserting in subregulation (4) "of motor vehicles and trailers" after "register".

10.    Regulation 61 amended (Transfer of registration)

Regulation 61(9)(g) of the Principal Regulations is amended by inserting "of motor vehicles and trailers" after "register".

11.    Regulation 64 amended (Suspension or cancellation of registration)

Regulation 64(1)(c) of the Principal Regulations is amended by inserting "of motor vehicles and trailers" after "register".

12.    Part 5, Division 6A inserted

After regulation 66 of the Principal Regulations , the following Division is inserted in Part 5:

Division 6A - Written-off vehicles

66A.   Application of Division 6A

This Division applies in respect of vehicles that are affected vehicles.

66B.   Persons who may determine total loss

For the purposes of the definitions of repairable write-off and statutory write-off in section 3A of the Act, each of the following persons is a prescribed person who may assess an affected vehicle as a total loss:

(a) an insurer;

(b) a loss assessor;

(c) a dealer;

(d) an auto-parts dismantler;

(e) an auction house.

66C.   Notifying Registrar of written-off vehicle

(1)  If an insurer, loss assessor, dealer, auto-parts dismantler or auction house in the course of business assesses as a total loss an affected vehicle, that person must notify the Registrar of that assessment –

(a) within 7 days after making the assessment; or

(b) if the vehicle or any part of the vehicle is sold or otherwise disposed of before the end of that 7 day period, before selling or otherwise disposing of the vehicle or that part.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence, a fine not exceeding 40 penalty units.

(2)  If a person who, on behalf of an insurer, loss assessor, dealer, auto-parts dismantler or auction house, has the responsibility of notifying the Registrar as required by subregulation (1) does not do so, both that person and the insurer, loss assessor, dealer, auto-parts dismantler or auction house are guilty of the offence.

(3)  If an entry in respect of the affected vehicle exists in a register kept under regulation 106 , subregulation (1) applies even if the affected vehicle is situated outside Tasmania when the assessment that it is a total loss is made.

(4)  A notification under subregulation (1) is to be in a form approved by the Registrar and contain the following information:

(a) the registration number of the vehicle, if any;

(b) the identification number and vehicle identifier of the vehicle;

(c) the make of the vehicle;

(d) whether the vehicle is a motor car, motor bike or trailer;

(e) whether the damage to the vehicle is caused by hail, water, impact, fire or stripping;

(f) the location and severity of the damage to the vehicle, described by reference to codes or terms as approved by the Registrar from time to time;

(g) the date on which the vehicle is assessed as a total loss;

(h) the name and address of the insurer, loss assessor, dealer, auto-parts dismantler or auction house making the notification;

(i) whether the vehicle is a statutory write-off or a repairable write-off;

(j) the date on which the written-off vehicle label was affixed to the vehicle;

(k) such other information as the Registrar requires.

(5)  An insurer, loss assessor, dealer, auto-parts dismantler or auction house is not required to provide a notification under subregulation (1) in respect of the assessment of an affected vehicle as a total loss if such a notification has already been provided by another of those persons.

66D.   Written-off vehicle labels

(1)  The Registrar may issue written-off vehicle labels that are to be affixed to written-off vehicles.

(2)  A written-off vehicle label is to –

(a) be in a form determined by the Registrar; and

(b) state whether the vehicle is a repairable write-off or a statutory write-off.

(3)  The Registrar is to determine the manner in which the label is to be affixed to a vehicle and that information is to be –

(a) printed on the label; or

(b) printed on a separate document that is to be issued with the label.

66E.   Duties and offences relating to written-off vehicle label

(1)  If an insurer, loss assessor, dealer, auto-parts dismantler or auction house assesses a vehicle as a total loss, that person must affix an appropriate written-off vehicle label to that vehicle –

(a) in the manner determined by the Registrar under regulation 66D ; and

(b) before notifying the Registrar of that assessment as required by regulation 66C(1) ; and

(c) before that vehicle or any part of that vehicle is sold or otherwise disposed of.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence, a fine not exceeding 40 penalty units.

(2)  Subregulation (1) does not apply to an insurer, loss assessor, dealer, auto-parts dismantler or auction house if an appropriate written-off vehicle label has already been affixed to the vehicle by another such person.

(3)  If a person who, on behalf of an insurer, loss assessor, dealer, auto-parts dismantler or auction house, has the responsibility of affixing a written-off vehicle label to a vehicle as required by subregulation (1) does not do so, both that person and the insurer, loss assessor, dealer, auto-parts dismantler or auction house are guilty of the offence.

(4)  A person must not –

(a) affix to a vehicle a written-off vehicle label if that vehicle has not been assessed as a total loss; or

(b) alter a written-off vehicle label affixed to a vehicle; or

(c) deface or remove a written-off vehicle label affixed to a vehicle except where authorised to do so under regulation 66G or 66H .

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence, a fine not exceeding 40 penalty units.

(5)  If a person contravenes subregulation (4) at the direction of another person, both that person and that other person are guilty of the offence.

66F.   Suspension or cancellation of registration of written-off vehicle

(1)  The registration of a vehicle is cancelled on the making of an entry in the written-off vehicles register to the effect that the vehicle is a statutory write-off.

(2)  The registration of a vehicle is suspended on the making of an entry in the written-off vehicles register to the effect that the vehicle is a repairable write-off and that vehicle is not eligible for registration until that entry is removed from that register or it is noted in that register that the vehicle is no longer a repairable write-off.

66G.   Clearance of written-off vehicle label

(1)  The following persons are authorised to clear a written-off vehicle label in respect of a repairable write-off:

(a) an authorised officer;

(b) a person authorised by the Registrar to do so.

(2)  A registered operator or other person in charge of a repairable write-off who applies to a person authorised to clear the written-off vehicle label must provide that person with such evidence of his or her name and address as the authorised person requires.

(3)  A person authorised to clear a written-off vehicle label –

(a) may require the registered operator or other person in charge of the vehicle to produce evidence showing why the vehicle should no longer be considered to be a repairable write-off; and

(b) may require the vehicle to be inspected for the purpose of ascertaining whether the vehicle should no longer be considered to be a repairable write-off.

(4)  The registered operator or other person in charge of the vehicle must pay the applicable scheduled fee for the inspection.

(5)  If a person authorised to clear a written-off vehicle label is satisfied –

(a) with the evidence of the name and address of the registered operator or other person in charge of the vehicle; and

(b) that the vehicle should no longer be considered a repairable write-off –

the authorised person may clear the written-off vehicle label.

(6)  A person authorised to clear a written-off vehicle label clears that label by –

(a) issuing a certificate of clearance to the registered operator or other person in charge of the vehicle; and

(b) removing the written-off vehicle label from the vehicle.

(7)  The decision of a person authorised to clear a written-off vehicle label to clear that label or refuse to clear that label is taken to be a decision of the Registrar for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2000 .

66H.   Removal of mistakenly affixed written-off vehicle label

(1)  If a written-off vehicle label has been affixed to a vehicle in error, an authorised officer or a person authorised by the Registrar to do so may remove the label from the vehicle.

(2)  If the Registrar has been notified under regulation 66C(1) that a vehicle has been assessed as a total loss and the written-off vehicle label is later removed from a vehicle under subregulation (1) , the person removing the label is to notify the Registrar of that removal as soon as practicable.

66I.   Record to be made in written-off vehicles register

The Registrar must –

(a) make a record in the written-off vehicles register of a vehicle that becomes a written-off vehicle; and

(b) remove an entry in respect of a vehicle from, or record a note in respect of a vehicle in, the written-off vehicles register if the written-off vehicle label for that vehicle has been cleared under regulation 66G or removed under regulation 66H ; and

(c) otherwise keep the written-off vehicles register up-to-date.

13.    Regulation 73 amended (Record to be made in register of motor vehicles and trailers)

Regulation 73 of the Principal Regulations is amended by omitting "register." and substituting "register of motor vehicles and trailers.".

14.    Regulation 76 amended (Information to be recorded in registers)

Regulation 76 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "register" and substituting "register kept under regulation 106 ";

(b) by inserting in subregulation (2) "of motor vehicles and trailers" after "register".

15.    Regulation 88 amended (Notification of change of circumstances)

Regulation 88 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1) "of motor vehicles and trailers" after "register";

(b) by inserting in subregulation (2)(a) "that is not an affected vehicle" after "vehicle";

(c) by omitting paragraph (b) from subregulation (2) ;

(d) by inserting in subregulation (3) "of motor vehicles and trailers" after "register";

(e) by inserting in subregulation (4) "of motor vehicles and trailers" after "register".

16.    Regulation 101 amended (Rebate for interchangeable trailers and plant trailers)

Regulation 101(12)(b) of the Principal Regulations is amended by omitting "register." and substituting "register of motor vehicles and trailers.".

17.    Regulation 102 amended (Rebate for certain 3 axle buses)

Regulation 102(9)(b) of the Principal Regulations is amended by omitting "register." and substituting "register of motor vehicles and trailers.".

18.    Regulation 106 amended (Registers)

Regulation 106(1)(a) of the Principal Regulations is amended as follows:

(a) by omitting from subparagraph (iii) "and";

(b) by inserting the following subparagraph after subparagraph (iii) :

(iv) a register of written-off vehicles; and

19.    Regulation 108 amended (Issue of certificates and disclosure of information contained in register)

Regulation 108 of the Principal Regulations is amended by inserting after subregulation (5) the following subregulation:

(6)  Despite any other provision of this regulation, the Registrar must not specify in a certificate issued, or otherwise provide, under this regulation any information in respect of a vehicle recorded in the written-off vehicles register, other than that the vehicle is or is not a statutory write-off or repairable write-off.

20.    Regulation 109 amended (Administrative guidelines)

Regulation 109(1) of the Principal Regulations is amended by omitting "the register." and substituting "a register kept under these regulations.".

21.   Schedule 1 amended (Fees)

Schedule 1 to the Principal Regulations is amended by inserting in Division 3 after item 41 the following item:

41A.

Maximum fee for the clearance of written-off vehicle label

35

DLVR 66G

22.   Substitutions

Each of the provisions of the Principal Regulations specified in Column 1 of Schedule 1 is amended by omitting "the register" on the number of occurrences specified in Column 2 of that Schedule and substituting "a register kept under regulation 106 ".

SCHEDULE 1 - Substitutions

Regulation 22

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 16 October 2002

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 with respect to written-off vehicles.