Transport (Exemptions) Regulations 1981

Transport (Exemptions) Regulations 1981

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, hereby make the following regulations under the Transport Act 1981 .

STANLEY BURBURY

Governor

By His Excellency's Command,

MICHAEL FIELD

Minister for Main Roads and Transport

1.   Short title

These regulations may be cited as the Transport (Exemptions) Regulations 1981 .

2.   Commencement

These regulations shall take effect on 1 November 1981.

3.   Interpretation

In these regulations, except in so far as the context or subject-matter otherwise indicates or requires –

ambulance means a vehicle that is used exclusively for the conveyance of persons suffering from illness or injury;

caravan means a trailer that is primarily constructed for use as a dwelling;

invalid wheel chair means a motor vehicle that is constructed for the exclusive use of a person suffering from a physical defect or disability;

motor tax means the tax payable under the Motor Vehicles Tax Act 1917;

road authority has the meaning assigned to that expression by regulation 22 of the Traffic (Public Vehicles) Regulations 1967;

trailer has the meaning assigned to that expression by section 3 of the Traffic Act 1925 ;

vintage car means a motor vehicle manufactured not less than 30 years before the date of application for registration pursuant to the Traffic Act 1925 .

4.   Exemptions from payment of sums, fees, &c., in certain cases

In pursuance of section 5(1)(d) of the Transport Act 1981 , the Commission may grant the following exemptions in the following cases:

(a) in the case of an invalid wheel chair weighing not more than 250 kilograms, from the payment of any registration fee imposed under the Traffic Act 1925 ;

(b) in the case of the user of such an invalid wheel chair, from the payment of a driver's licence fee imposed under that Act;

(c) in the case of a caravan or trailer which –

(i) is owned by a person in any other State or Territory of the Commonwealth;

(ii) is not required to be registered under the law of that State or Territory;

(iii) is drawn by a motor vehicle registered in that State or Territory; and

(iv) in respect of which a premium has been paid under the Motor Accidents (Liabilities and Compensation) Act 1973  –

from the payment of any registration fee imposed under the Traffic Act 1925 and from the payment of any motor tax;

(d) in the case of –

(i) a vintage car; or

(ii) a vehicle referred to in regulation 10A of the Traffic (Miscellaneous) Regulations 1968 –

from the payment of motor tax;

(e) in the case of an ambulance, from the obligation to be licensed under Part III of the Traffic Act 1925 and from the payment of any sum, fee, or charge payable under that Part;

(f) in the case of a fork-lift truck which is used solely for loading or unloading a vehicle –

(i) on a wharf;

(ii) in a warehouse; or

(iii) outside any premises in which any trade, business, or industry is carried on –

from the obligation to be licensed under Part III of the Traffic Act 1925 and from the payment of any sum, fee, or charge payable under that Part;

(g) in the case of a trailer used in conjunction with a vehicle that is licensed as a public vehicle under Part III of the Traffic Act 1925 , from the payment of any sum, fee, or charge payable under that Part, other than the charges payable for the issue of number–plates;

(h) in the case of a vehicle used by, or on behalf of, a road authority for the purpose of carrying road material for, or in connection with, the construction of a road by that authority under regulation 22 of the Traffic (Public Vehicles) Regulations 1967, from the payment of any sum, fee, or charge payable under section 20A of the Traffic Act 1925 ;

(i) in the case of a permit issued under regulation 17 of the Traffic (Public Vehicles) Regulations 1967 which is in force for not more than one month, from the payment of any sum, fee, or charge payable under the Traffic Act 1925 .

5.   Rescission

The regulations specified in Schedule 1 to these regulations are rescinded.

SCHEDULE 1 - Rescission of Regulations

Regulation 5

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

Notified in the Gazette on 28 October 1981

These regulations are administered by the Transport Commission.