administrative guideline: national driver licensing …e72365c4-5a... · as the administrative...

ADMINISTRATIVE GUIDELINE:

NATIONAL DRIVER LICENSING AND HEAVY VEHICLE

REGISTRATION SCHEMES

Compilation

JANUARY 2006

Prepared by

National Transport Commission

National Transport Commission Administrative Guideline: National Driver Licensing and Heavy Vehicle Registration Schemes ISBN 0 642 54451 4

FOREWORD

The National Transport Commission (NTC) is established under the National Transport Commission Act 2003 and an Inter-Governmental Agreement. It has an ongoing responsibility to develop, monitor and maintain uniform, or nationally consistent, regulatory and operational reforms relating to road, rail and intermodal transport. As part of its responsibilities the NTC, in conjunction with States and Territories, developed legislation and Administrative Guidelines for the National Driver Licensing Scheme and the National Heavy Vehicle Registration Scheme. A maintenance programme has also been set in place to monitor and maintain the reform. The aim of Administrative Guidelines is to ensure that, as far as practicable, national road transport reforms are implemented consistently across varying local conditions and by different administrators, and their need was recognised during the development of the aforementioned Schemes. The Guideline comprise the following separate documents: • Administrative Guideline – National Driver Licensing Scheme January 2000; • Administrative Guideline – National Heavy Vehicle Registration Scheme March

1998; • Administrative Guideline (Interim) – Evidence of Identity August 2005; • Administrative Guideline – Management, Use and Release of Information

September 1998; and • Administrative Guideline – Assessment of Defective Vehicles February 1999.

In 2005, the Austroads Registration and Licensing Task Force recommended the five guidelines be incorporated into one document for ease of operability and recognition, as the documents should not be read in isolation. For example the Administrative Guideline (Interim) – Evidence of Identity impacts on both National Driver Licensing and Heavy Vehicle Registration Schemes. This guideline is an amalgamation of the previous five guidelines and will be referred to as the Administrative Guideline: National Driver Licensing and Heavy Vehicle Registration Schemes. For reference purposes, each of the previous five Guidelines occupies a Part of this document, however, for the purposes of this document, clause numbers are consecutive.

Tony Wilson Chief Executive

TABLE OF CONTENTS

1 PART 1 – NATIONAL DRIVER LICENSING SCHEME 1 1.1 EXPLANATORY NOTES ........................................................................................1

1.1.1 Description and Purpose.............................................................................1 1.1.2 Objectives and Necessity............................................................................1 1.1.3 Identification of Alternatives ........................................................................1 1.1.4 Consultation with Affected Parties...............................................................1 1.1.5 Impact .........................................................................................................1 1.1.6 Summary ....................................................................................................2 1.1.7 Implementation ...........................................................................................2

1.2 SCOPE OF SCHEME AND IMPLEMENTATION TIMETABLE...............................2 1.3 Licence Classes.....................................................................................................3

1.3.1 Towing Allowances .....................................................................................4 1.3.2 Learner Drivers ...........................................................................................5 1.3.3 Superseded Licences (licences issued under previous legislation) .............6

1.4 ELIGIBILITY TO APPLY FOR ISSUE OR VARIATION OF A DRIVER LICENCE..9 1.4.1 Eligibility......................................................................................................9 1.4.2 Relevant Eligibility Requirements................................................................9 1.4.3 Exemptions From Relevant Eligibility Requirements .................................10

1.5 ISSUE, RENEWAL, REPLACEMENT, AND VARIATION OF DRIVER LICENCE16 1.5.1 Issue or Variation ......................................................................................16 1.5.2 Renewal ....................................................................................................16 1.5.3 Replacement.............................................................................................16 1.5.4 Application Requirements .........................................................................17 1.5.5 Surrender of Current Driver Licence .........................................................18 1.5.6 Refusal of Application ...............................................................................19

1.6 DRIVER LICENCE ................................................................................................19 1.6.1 Driver Licence Receipt ..............................................................................19 1.6.2 Information on Driver Licence ...................................................................19 1.6.3 Expiry Date ...............................................................................................20

1.7 INFORMATION ON THE REGISTER....................................................................20 1.7.1 The Driver Licence Register......................................................................20 1.7.2 Release of Information in Demerit Point Register and Driver Licence

Register ....................................................................................................21 1.7.3 Verification of Information on the Register ................................................21

1.8 CONDITIONAL AND PROBATIONARY LICENCES ............................................22 1.8.1 Conditional Licences .................................................................................22 1.8.2 Probationary Licences...............................................................................24 1.8.3 Mutual Recognition of Licences and Conditions........................................24

1.9 CHANGE OF NAME, ADDRESS OR MEDICAL CONDITION..............................25 1.9.1 Change of Name or Address.....................................................................25 1.9.2 Medical Conditions....................................................................................25

1.10 TESTS AND MEDICAL EXAMINATIONS OF LICENSED DRIVERS ...................25 1.10.1 Assessment of Driving Ability and Knowledge...........................................25 1.10.2 Medical Fitness .........................................................................................25 1.10.3 Application of Medical Standards for Commercial Vehicle Drivers ............26 1.10.4 Recognition of Tests, Assessments and Medical Examinations Undertaken

in Other Jurisdictions.................................................................................29 1.11 DEMERIT POINTS ................................................................................................30

1.11.1 Demerit Point Offences .............................................................................30 1.11.2 Jurisdiction Specific Non-Core Demerit Points Offences that will be

Recognised by Other States and Territories .............................................30 1.11.3 Demerit Points Offences Received from a Court.......................................31 1.11.4 Recording and Clearing Demerit Points ....................................................31 1.11.5 Demerit Points Suspension.......................................................................31

1.11.6 Period of Good Behaviour.........................................................................32 1.11.7 Demerit Points Penalties Not Affected by Court-imposed Penalties..........32

1.12 SURRENDER OF DRIVER LICENCE...................................................................35 1.12.1 Application ................................................................................................35 1.12.2 Refund ......................................................................................................35

1.13 VARIATION, SUSPENSION OR CANCELLATION OF DRIVER LICENCE .........36 1.13.1 Reasons for Variation, Suspension or Cancellation ..................................36 1.13.2 Statutory Obligations.................................................................................38 1.13.3 Procedures for Variation, Suspension and Cancellation of Driver Licence38

1.14 REVIEW OF DECISIONS BY THE AUTHORITY ..................................................38 1.14.1 Authority to Ensure Notification of Review Rights .....................................38 1.14.2 Reviewable Decisions ...............................................................................39 1.14.3 Internal Review .........................................................................................39 1.14.4 Application for External Review.................................................................40 1.14.5 Affected Person Entitled to be Given Reasons..........................................40

1.15 EXEMPTIONS.......................................................................................................40 1.15.1 Power to Include or Exclude Areas ...........................................................40 1.15.2 Licence Not Required................................................................................40 1.15.3 Driver Exemptions.....................................................................................40

1.16 INTERSTATE AND INTERNATIONAL VISITORS................................................42 1.16.1 Visiting Drivers ..........................................................................................42 1.16.2 Loss of Exemption ....................................................................................42

1.17 OFFENCES...........................................................................................................43 1.17.1 Mutual Recognition of Offences ................................................................43 1.17.2 Offences Under National Driver Licensing Scheme ..................................44

1.18 SERVICE OF NOTICES ON PERSONS ...............................................................44 1.18.1 Service by Post .........................................................................................44 1.18.2 Interstate Authority as Agent .....................................................................45

1.19 INDEMNITY...........................................................................................................45 1.19.1 Tests or Examinations...............................................................................45 1.19.2 Unsafe Driving Report...............................................................................45

2 PART 2 – NATIONAL HEAVY VEHICLE REGISTRATION SCHEME 1 2.1 SCOPE OF SCHEME AND IMPLEMENTATION TIMETABLE...............................1 2.2 STATE OR TERRITORY OF REGISTRATION .......................................................1

2.2.1 Background.................................................................................................1 2.2.2 Operation ....................................................................................................1 2.2.3 Legislation...................................................................................................2 2.2.4 Data ............................................................................................................2

2.3 REGISTER IS NOT EVIDENCE OF TITLE .............................................................3 2.3.1 Background.................................................................................................3 2.3.2 Operation ....................................................................................................3 2.3.3 Legislation...................................................................................................3 2.3.4 Data ............................................................................................................3

2.4 INFORMATION SECURITY ....................................................................................3 2.4.1 Background.................................................................................................3 2.4.2 Operation ....................................................................................................3 2.4.3 Legislation...................................................................................................4 2.4.4 Data ............................................................................................................4

2.5 REGISTERED OPERATOR ....................................................................................4 2.5.1 Background.................................................................................................4 2.5.2 Operation ....................................................................................................4 2.5.3 Legislation...................................................................................................6 2.5.4 Data ............................................................................................................6

2.6 VEHICLE STANDARDS..........................................................................................7 2.6.1 Background.................................................................................................7 2.6.2 Operation ....................................................................................................7 2.6.3 Legislation and References.........................................................................9 2.6.4 Data ............................................................................................................9

2.7 VEHICLE IDENTIFICATION..................................................................................10 2.7.1 Background...............................................................................................10 2.7.2 Operation ..................................................................................................10 2.7.3 Legislation.................................................................................................11 2.7.4 Data ..........................................................................................................11

2.8 INITIAL REGISTRATION, RE-REGISTRATION OR RENEWAL..........................12 2.8.1 Background...............................................................................................12 2.8.2 Operation ..................................................................................................12 2.8.3 Legislation.................................................................................................14 2.8.4 Data Requirements ...................................................................................14

2.9 PART YEAR REGISTRATION..............................................................................15 2.9.1 Background...............................................................................................15 2.9.2 Operation ..................................................................................................15 2.9.3 Legislation.................................................................................................15 2.9.4 Data Requirements ...................................................................................15

2.10 REGISTRATION CERTIFICATES, LABELS AND NUMBER PLATES ................16 2.10.1 Background...............................................................................................16 2.10.2 Operation ..................................................................................................16

2.11 CONDITIONAL REGISTRATION..........................................................................19 2.11.1 Background...............................................................................................19 2.11.2 Operation ..................................................................................................19 2.11.3 National Standard Operating Conditions For Conditional Registration ......20 2.11.4 Legislation.................................................................................................23 2.11.5 Data ..........................................................................................................23

2.12 CHANGE OF ADDRESS.......................................................................................23 2.12.1 Background...............................................................................................23 2.12.2 Operation ..................................................................................................24 2.12.3 Legislation.................................................................................................24 2.12.4 Data ..........................................................................................................24

2.13 TRANSFER OF REGISTRATION .........................................................................24 2.13.1 Background...............................................................................................24 2.13.2 Operation ..................................................................................................24 2.13.3 Legislation.................................................................................................25 2.13.4 Data ..........................................................................................................26

2.14 SURRENDER OF REGISTRATION ON APPLICATION BY THE REGISTERED OPERATOR ..........................................................................................................26 2.14.1 Background...............................................................................................26 2.14.2 Operation ..................................................................................................26 2.14.3 Legislation.................................................................................................27 2.14.4 Data ..........................................................................................................27

2.15 SUSPENSION OR CANCELLATION OF REGISTRATION BY THE REGISTRATION AUTHORITY..............................................................................28 2.15.1 Background...............................................................................................28 2.15.2 Operation ..................................................................................................28 2.15.3 Legislation.................................................................................................30 2.15.4 Data ..........................................................................................................30 2.15.5 Registration Suspension and Cancellation Flow Chart..............................31

2.16 VISITING VEHICLES ............................................................................................32 2.16.1 Background...............................................................................................32 2.16.2 Operation ..................................................................................................32 2.16.3 Legislation.................................................................................................33 2.16.4 Data Requirements ...................................................................................33

2.17 SHORT TERM UNREGISTERED VEHICLE PERMITS.........................................33 2.17.1 Background...............................................................................................33 2.17.2 Operation ..................................................................................................33 2.17.3 Legislation.................................................................................................34 2.17.4 Data ..........................................................................................................34

2.18 FINES AND PENALTIES ......................................................................................35 2.18.1 Background...............................................................................................35 2.18.2 Registration Offences................................................................................35 2.18.3 Legislation.................................................................................................36

2.19 REGISTRATION FEES AND CHARGES..............................................................37 2.19.1 Background...............................................................................................37 2.19.2 Operation ..................................................................................................37 2.19.3 Legislation.................................................................................................38 2.19.4 Data ..........................................................................................................38

2.20 VEHICLE INSURANCE.........................................................................................39 2.20.1 Background...............................................................................................39 2.20.2 Operation ..................................................................................................39 2.20.3 Legislation.................................................................................................39 2.20.4 Data ..........................................................................................................39

2.21 STAMP DUTY AND OTHER TAXES ....................................................................39 2.21.1 Background...............................................................................................39 2.21.2 Operation ..................................................................................................40 2.21.3 Legislation.................................................................................................40 2.21.4 Data ..........................................................................................................40

3 PART 3 – MINIMUM EVIDENCE OF IDENTITY REQUIREMENTS 1 3.1 Explanatory Notes .................................................................................................1


3.2 WHEN EVIDENCE OF IDENTITY IS REQUIRED ...................................................4 3.3 TYPES OF EVIDENCE OF IDENTITY.....................................................................5

3.3.1 For Individuals.............................................................................................5 3.3.2 For Bodies Corporate..................................................................................6

3.4 ACCEPTABLE EVIDENCE OF IDENTITY (INDIVIDUALS)....................................7 3.4.1 Category A – Evidence of Existence and Linkage between Identity and the

Applicant .....................................................................................................7 3.4.2 Category B – Evidence of Use of identity ....................................................8 3.4.3 Evidence of Residential Address.................................................................8 3.4.4 Evidence of Garage Address ......................................................................9 3.4.5 Evidence of Change of Name .....................................................................9

3.5 ACCEPTABLE EVIDENCE OF IDENTITY (BODIES CORPORATE) ...................10 3.5.1 Evidence of Relevant Premises Address ..................................................11 3.5.2 Evidence of Garage Address ....................................................................12 3.5.3 Evidence of Change Of Name...................................................................12

3.6 INABILITY TO PROVIDE EVIDENCE OF IDENTITY (NON-STANDARD EOI) ....12 3.6.1 Non-Standard Evidence of Identity for Initial Driver Licence Applications .13 3.6.2 Circumstances Where a Person is Genuinely Unable to Produce the Required

EoI Documents (including Signature and Current Residential Address) ........13 3.7 GUIDELINES FOR IDENTITY VERIFICATION (OTHER THAN REMOTE

ABORIGINAL OR TORRES STRAIGHT ISLANDER (ASTI) WITH NO REGISTERED BIRTH) ..........................................................................................14 3.7.1 Evidence of Identity Verification ................................................................14 3.7.2 Verifying Persons......................................................................................16

3.8 IDENTITY VERIFICATION FOR USE BY REMOTE ATSI WITH NO REGISTERED BIRTH AND LIVING IN REMOTE AREA - WHERE CERTIFICATE OF ABORIGINALITY ISSUED BY LAND COUNCILS IS NOT AVAILABLE..............16 3.8.1 Driver Licence Applicant Details................................................................17 3.8.2 Verifying Person Details............................................................................17

3.9 GUIDELINE FOR VERIFICATION OF RESIDENTIAL ADDRESS LICENCE .......18 4 PART 4 – MANAGEMENT, USE AND RELEASE OF INFORMATION 1

4.1 EXPLANATORY NOTES ........................................................................................1 4.1.1 Description and Purpose.............................................................................1 4.1.2 Objectives and Necessity............................................................................1 4.1.3 Identification of Alternatives ........................................................................2 4.1.4 Consultation with Affected Parties...............................................................2 4.1.5 Impact .........................................................................................................2 4.1.6 Summary ....................................................................................................3 4.1.7 Implementation ...........................................................................................3

4.2 INTRODUCTION .....................................................................................................3 4.2.1 Basic Position .............................................................................................4 4.2.2 Administration .............................................................................................4 4.2.3 Alteration of Personal Information ...............................................................5 4.2.4 Fees............................................................................................................5

4.3 RELEASE OF INFORMATION TO INDIVIDUALS ..................................................5 4.3.1 To the Person Concerned ...........................................................................5 4.3.2 To Other Persons........................................................................................6 4.3.3 Confirmation of Vehicle Registration Information ........................................6

4.4 FORMALISING ACCESS FOR EXTERNAL BODIES ............................................7 4.4.1 Introduction .................................................................................................7 4.4.2 Forms of Agreements for Access ................................................................7 4.4.3 Breaches of Memorandum of Understanding or other Agreements.............8

4.5 SPECIFIC ORGANISATIONS OR INDIVIDUALS...................................................8 4.5.1 Other Registration and Licensing Authorities ..............................................9 4.5.2 Police ..........................................................................................................9 4.5.3 Lawyers and General Insurers ....................................................................9 4.5.4 Employers ...................................................................................................9 4.5.5 Bona Fide Research Establishments ........................................................10 4.5.6 Vehicle Safety Recalls ..............................................................................11

4.6 RELEASE OF NON-CONFIDENTIAL INFORMATION FOR COMMERCIAL PURPOSES...........................................................................................................11

4.7 ACCESS AND ACCOUNTABILITY FOR INFORMATION WITHIN A REGISTRATION AND LICENSING AUTHORITY.................................................11 4.7.1 Access by Officers of a Registration and Licensing Authority....................11 4.7.2 Audit Requirements...................................................................................11

5 PART 5 – ASSESSMENT OF DEFECTIVE VEHICLES 1 5.1 EXPLANATORY NOTES ........................................................................................1


5.2 INTRODUCTION .....................................................................................................3 5.2.1 Overview.....................................................................................................3 5.2.2 Risk of Serious or Fatal Crash Due to the Presence of Defects ..................3 5.2.3 Related Regulations....................................................................................4

5.3 DEFECT CATEGORIES..........................................................................................4 5.3.1 Formal Written Warning ..............................................................................5 5.3.2 Minor Defect Notice.....................................................................................5 5.3.3 Major Defect Notice.....................................................................................5

5.4 PROCEDURES FOR ASSESSING DEFECTIVE VEHICLES .................................6 5.5 OVERALL CRASH RISK ........................................................................................7

5.5.1 Factors Contributing to Crashes..................................................................7 5.5.2 Factors Affecting Crash Risk.......................................................................7 5.5.3 Other Factors Affecting Assessment ...........................................................8 5.5.4 Overall Crash Risk (Not Taking Into Account the Presence of Defects) ......8

5.6 INDIVIDUAL DEFECTS ..........................................................................................9 5.6.1 The Effects of Defects.................................................................................9 5.6.2 Circumstances Where a Defect Contributes to the Likelihood of a Crash ...9 5.6.3 Classification of Defects............................................................................11

5.7 OVERALL RATING...............................................................................................11 5.7.1 Overall Rating of the Vehicle.....................................................................12 5.7.2 Defective Systems ....................................................................................13

6 PART 6 – SCHEDULES 1 6.1 Schedule 1 – Glossary (Part 1) ............................................................................1 6.2 Schedule 2 – Data Requirements (Part 2) ............................................................4 6.3 Schedule 3 – Glossary (Part 2) .............................................................................6 6.4 Schedule 4 – Examples of Condition Codes by Vehicle Class/Type (Part 2)..11 6.5 Schedule 5 – Information Privacy Principles - Commonwealth Privacy Act

1988 (Part 4) .........................................................................................................16 6.6 Schedule 6 – Assessment Of Individual Defects (Part 5) .................................22

6.6.1 Steering ....................................................................................................24 6.6.2 Suspension ...............................................................................................26 6.6.3 Structure and body work ...........................................................................27 6.6.4 Brakes.......................................................................................................29 6.6.5 Braking system operation..........................................................................31 6.6.6 Wheels and tyres ......................................................................................33 6.6.7 Lights and reflectors..................................................................................34 6.6.8 Tow couplings ...........................................................................................35 6.6.9 Seats and seat belts..................................................................................36 6.6.10 Mirrors.......................................................................................................37 6.6.11 Windscreen and windows .........................................................................37 6.6.12 Engine, driveline and exhaust ...................................................................38 6.6.13 Miscellaneous ...........................................................................................39

6.7 Schedule 7 – Vehicle Defect Notices, Labels and Clearance (Part 5) ..............40 6.7.1 Information Required On A Vehicle Defect Notice.....................................40 6.7.2 Information Required On A Defective Vehicle Label .................................41 6.7.3 Recording And Clearance Of Vehicle Defect Notices................................41

6.8 Schedule 8 – Factors Which Can Affect the Risk or Severity of a Crash (Part 5)...43 6.9 Schedule 9 – Examples of Classification of Defects (Part 5) ...........................45

List of Tables Table 1: Explanation of licence classes ..................................................................... 3

Table 2: Translation of former licence classes to national classes ............................ 6

Table 3: Relevant Eligibility Requirements............................................................... 10

Table 4: Conversion of External Territory Licence Classes ..................................... 11

Table 5: Conversion of New Zealand Licence Classes............................................ 13

Table 6: Licence conditions and their codes ............................................................ 23

Table 7: Period of demerit points suspension .......................................................... 32

Table 8: National schedule of demerit point offences .............................................. 33

Table 9: Accepted EOI Bodies Corporate ................................................................ 10

Table 10: General Classification of Defects ............................................................... 11

Table 11: Overall rating for vehicle found to have defects ......................................... 13

Table 12: Examples of "high" and "low" overall risks ................................................. 44

Table 13: Examples of Classification of Defects ........................................................ 45

List of Figures Figure 1: Formula for refund of driver licence............................................................... 36

Figure 2: Late renewal example ................................................................................... 14

Figure 3: Registration label colour ................................................................................ 18

Figure 4: Method for determination of refund ............................................................... 27

Figure 5: Registartion cancellation/suspension flow chart............................................ 31

Figure 6: When evidence of identity is required.............................................................. 4

Figure 7: Types of Evidence of Identity .......................................................................... 5

Figure 8: Category "A" Documents................................................................................. 7

Figure 9: Category "B: Documents ................................................................................. 8

Figure 10: Evidence of residential address..................................................................... 8

Figure 11: Evidence of garage address.......................................................................... 9

Figure 12: Evidence of change of name......................................................................... 9

Figure 13: Evidence of relevant premises .................................................................... 11

Figure 14: Evidence of garage address........................................................................ 12

Figure 15: Procedures for assessing defective vehicles................................................. 7

Administrative Guideline: National Driver Licensing & Heavy Vehicle Registration Schemes

Part 1 National Driver Licensing Scheme Page 1

1 PART 1 – NATIONAL DRIVER LICENSING SCHEME

1.1 EXPLANATORY NOTES

1.1.1 Description and Purpose This Part provides guidance for driver licensing authorities in administering the national driver licensing policy approved by the Australian Transport Council in December 1997.

1.1.2 Objectives and Necessity The need for an Administrative Guideline was identified by driver licensing authorities during the development of the national driver licensing scheme. A consistent approach is necessary to ensure that the objectives of the scheme continue to be met.

1.1.3 Identification of Alternatives An alternative would be for each jurisdiction to develop its own guideline. However, this may lead to inconsistencies in the administration of the scheme that may mean the full benefits of the national policy are not realised.

1.1.4 Consultation with Affected Parties The NRTC engaged the New South Wales Roads and Traffic Authority as a consultant to develop sections of this Part in conjunction with State and Territory driver licensing authorities and other agencies responsible for the administration of laws relating to dangerous goods, public passenger vehicles and transport accreditation schemes. Guidelines developed by the consultants include the application of medical standards, criteria for determining exemptions from eligibility requirements, and recognition of tests, assessments and medical examinations undertaken in other jurisdictions.

1.1.5 Impact By adhering to this guideline, jurisdictions will ensure that the national driver licensing scheme is administered consistently across Australia and the benefits of the scheme are fully realised. It will also provide people with the assurance that they will be subject to the same driver licensing requirements and processes in all States and Territories.


Page 2 National Driver Licensing Scheme Part 1

1.1.6 Summary This guideline is intended to be used in conjunction with the national driver licensing policy to ensure consistent administration of the scheme. It provides information on the practical application of the policy and includes advice on:

• criteria for determining exemptions from the minimum eligibility requirements for heavy vehicle licences;

• conditional licences;

• recognition of tests, assessments and medical examinations undertaken in other jurisdictions;

• the application of medical standards for commercial vehicle drivers;

• the administration of the demerit points regime;

• review of decisions by the driver licensing authority.

Learner and provisional drivers of cars and motorcycles are not covered by the national driver licensing policy or this guideline.

1.1.7 Implementation Under the hierarchy of administrative guidelines approved by Transport Ministers in June 1998, this Part can be categorised as Type 2. It contains administrative detail essential to the consistent application of the national driver licensing reforms and requires approval by the Australian Transport Council.

This guideline will be used by authorities and their agents that deal with the issue of driver licences.

1.2 SCOPE OF SCHEME AND IMPLEMENTATION TIMETABLE

The National Driver Licensing Scheme applies to all drivers, except learner and provisional drivers (novice drivers).

The national driver licensing scheme provides uniform requirements for key driver licensing transactions including licence issue and renewal, suspension and cancellation, and the management of demerit points.

The scheme does not affect the laws relating to learner licences, provisional licences, restricted licences, or people holding those licences.

POLICY REFERENCE: Primary Principle: 2(2)



1.3 LICENCE CLASSES

The holder of a driver licence of a particular class may drive a motor vehicle of a particular kind, as set out in Table 1.

Table 1 also sets out the order of licence classes, from the lowest to the highest. The holder of a licence of a particular class may drive vehicles in any lower class. However, a motorcycle licence is not included in this licence class hierarchy. Table 1: Explanation of licence classes

Code Licence Class May Drive:

C car licence A motor vehicle with a GVM that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver).

A three wheeled motor vehicle that has a body type commonly known as, or similar to: • sedan, station wagon, coupe; • convertible, roadster; or • utility, tray top or van.

Does not include:

• a motor bike; or • a motor trike

LR light rigid vehicle licence

A motor vehicle that:

(a) has a GVM greater than 4.5 tonnes but not greater than 8 tonnes; or

(b) seats more than 12 adults (including the driver) and has a GVM not greater than 8 tonnes.



Code Licence Class May Drive:

MR medium rigid vehicle licence

A motor vehicle that has:

(a) 2 axles; and

(b) a GVM greater than 8 tonnes.

HR heavy rigid vehicle licence

A motor vehicle (including an articulated bus1, but not including any other articulated vehicle) that has:

(a) 3 or more axles; and

(b) a GVM greater than 8 tonnes.

HC heavy combination vehicle licence

(a) a prime mover to which is attached a single semi-trailer plus any unladen converter dolly2; or

(b) a rigid motor vehicle to which is attached a trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly.

MC multi-combination vehicle licence

Any motor vehicle or combination of vehicles.

Does not include:

• a motor bike; or • a motor trike.

R motorcycle licence

A motor bike or motor trike.

Does not include a three wheeled motor vehicle that has a body type commonly known as, or similar to:

• sedan, station wagon, coupe; • convertible, roadster; or • utility, tray top or van.

1.3.1 Towing Allowances The following towing allowances apply irrespective of the type of connection between the trailer and the towing vehicle. One exception is the requirement that the driver of a vehicle towing a semi-trailer must hold a HC licence.

The combination length requirements of the Road Transport Reform (Heavy Vehicle Standards) Regulations, or the equivalent law of the jurisdiction, must be met in all cases, unless modified by permit.

1 Articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.

2 Converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi-trailer into a dog trailer.



1.3.1.1 Class C or LR The holder of a driver licence of class C or LR may drive a motor vehicle in that licence class that is towing a single trailer with a GVM not greater than 9 tonnes.

Motor vehicles up to 4.5 tonnes GVM must meet the requirements of the jurisdiction’s laws on mass limits for combinations of light vehicles.

Motor vehicles greater than 4.5 tonnes GVM must meet the mass limits for combinations specified in the Mass and Loading Regulations3.

1.3.1.2 Class MR or HR The holder of a driver licence of class MR or HR may drive a motor vehicle in that licence class that is towing a single trailer that has a GVM not greater than 9 tonnes.

The mass limits for combinations specified in the Mass and Loading Regulations must be met.

This towing allowance specifically excludes a trailer commonly known as a semi-trailer, but does not prevent the holder of a MR or HR licence from towing a car carrier, horse float or similar trailer of a mass less than 9 tonnes.

1.3.1.3 Licence class for tow truck drivers When towing a single vehicle, tow truck drivers must hold a licence of the class required to drive the tow truck.

A tow truck driver intending to tow a vehicle combination should contact the driver licensing authority in the jurisdiction to determine the licence class required.

In emergency situations, a tow truck driver may tow a combination not covered by his/her licence to the nearest point of relief, as directed by a police officer.

1.3.2 Learner Drivers At any time after an Australian driver licence is issued, the person to whom the licence has been issued may drive a motor vehicle for which a higher class of driver licence is required, if the higher class is one for which the person would next be eligible, and the driver is receiving tuition.

The person providing the tuition must have held that higher class of driver licence (other than a provisional licence) for at least one year, and must be providing the tuition in accordance with the jurisdiction’s laws

3 Mass and Loading Regulations means the Road Transport Reform (Mass and Loading) Regulations,

as in force from time to time, or the equivalent law of the jurisdiction.



about driver instruction and the display of signs on vehicles used for that purpose.

1.3.3 Superseded Licences (licences issued under previous legislation) A superseded licence has effect for the remainder of its duration as if it had been issued under the amended law, and may be renewed, varied, cancelled or suspended as though it were a driver licence.

The holder of a superseded licence may drive vehicles in the national licence class that is most nearly equivalent to the class specified in the licence.

Where direct translation to a licence class is not possible, the licence holder should be issued with the next highest licence class.

A notice must be published in the Gazette4 specifying the nearest equivalent licence class for each of the classes of superseded licence. Table 2 lists each jurisdiction’s licence class equivalents. Table 2: Translation of former licence classes to national classes

National Former Licence Classes Class NSW ACT VIC TAS SA WA NT QLD

C 1A CA Car Car Car E A T I

A B D1

A

LR 1B SB SB LT LB

SB H A endorsed T

D2

D5

MR 3A 4A

LT LB

LT LB

LT LB LA

LT LB

J F

C1 D3

C2

HR 3B 4B

HT HB AB

HT HB AB

HT HB AB

HT HB

F B

C2 D4 D5

C D DV

HC 5A 5B

LA HA

LA HA

HA LA HA

B C

C3 C4

E E3

MC 5C RT RT RT BD

RT DA

B C

C5 E4 E6

R R MC MP

Motor cycle

Bike Bike N M L K

E1 E2 E3 M

B

4 Gazette means the Government Gazette of the State or Territory concerned.



Notes:

NEW SOUTH WALES • A small number of class “3A” and “4A” drivers were converted to class “HR” to

allow them to continue to drive vehicles with 3 axles and a GVM between 8 and 15 tonnes. This conversion has been completed.

AUSTRALIAN CAPITAL TERRITORY • Class MP defined as “moped up to 50 ml”, will be converted to class “R” with an

“E” condition code, restricting the engine capacity to 50 ml. No more “MP” licences will be issued.

TASMANIA • Class “LB” with a 6.5t restriction will convert to class “LR” and those without the

restriction to a class “MR”. • A class “LA” may be converted to a class “HC” if the driver can demonstrate that

he/she was driving light articulated vehicles.

SOUTH AUSTRALIA • Class “LA” licences will be converted to class “HC” but the licence will be

restricted to heavy combinations with a GCM not exceeding 24 tonnes. • The previous class “Bike-date” will be converted to a class “R-date”.

WESTERN AUSTRALIA • Class “N” will be converted to class “R-N”, classes “L” and “M” will be converted

to class “R-E”. The class “M” (moped) is restricted to 100 cc engine capacity. No more class “M” licences will be issued.

• Classes “E” and “I” will be converted to class “C” and endorsed with a licence restriction. In the case of class “E”, the converted class will be class “C-A” and with class “I” the converted class will be “C” which will be further conditioned to drive tractors up to a tare weight not exceeding 4.5 tonnes.

• Class “T” will be converted to a class “C” and endorsed with a “T” (fit and proper) endorsement.

• Class “F” will be converted to a class “MR” and endorsed with an “F” (fit and proper) endorsement or to a class “HR” if the licensee can show proven experience.

• Class “B” will be converted to a class “HC” if the licensee can show proven experience driving heavy combinations.

• Classes “B” and “C” will be converted to a class “MC” if the licensee can show proven experience driving B-doubles or road trains.

NORTHERN TERRITORY • Class “M” converts to a class “R(m)”. The “m” stands for Moped. • Class E1 converts to a class “R(e)”. The “e” stands for engine size restriction less

than 260 ml. • Classes “B” and “D1” convert to a class “C(h)”, class “D2” converts to a class

“LR(h), class “D3” converts to a class “MR(h)” and classes “D4” and “D5” convert to a class “HR(h)”. In each case, the “h” stands for a “hire or reward” endorsement.

QUEENSLAND • Class “BN” converts to a class “RE” which covers mopeds and motorcycles

restricted to an engine capacity of 250 ml and without a trailer. • Class “C” converts to a class “HR” or to a class “HC” if the driver is currently

driving rigid vehicles towing trailers with a GVM over 9 tonnes. • The previous class “H” was converted to a class “UD” (undefined). This licence

class is issued to allow drivers to drive implement and agricultural type vehicles. It is not covered by the national classes.



POLICY REFERENCES: Primary Principle: 25 Supporting Principle: 2, 13, 39



1.4 ELIGIBILITY TO APPLY FOR ISSUE OR VARIATION OF A DRIVER LICENCE

The authority must not issue a driver licence unless it is satisfied that the person is eligible to be issued with the driver licence.

1.4.1 Eligibility To be eligible to apply for the issue of a driver licence higher than class C: • A person must be a resident of the jurisdiction. The authority must not renew a driver licence of a person if it is satisfied that the person no longer resides within the jurisdiction. This does not apply to a person who resides temporarily outside the jurisdiction. • A person must meet the relevant eligibility requirements for the class

of licence sought. The driver licensing authority may exempt a person from those requirements. Refer to clause 1.4.2 for the relevant eligibility requirements, and clause 1.4.3 sets out exemptions from the relevant eligibility requirements. • A person must not be disqualified from driving by a court in

Australia.

A person is not eligible to apply for a driver licence in the following circumstances: • If a person’s Australian driver licence has been suspended, he or she

is not eligible for the duration of the suspension. • If the person is currently disqualified from driving in another

country, and the offence giving rise to the disqualification would have resulted in the person being disqualified from driving in this jurisdiction.

Clause 1.13.1.6 Eligibility refers to variation, suspension or cancellation of a current driver licence under these circumstances.

1.4.2 Relevant Eligibility Requirements To be eligible to apply for a licence class, a person must have held, at some time, a certain lower licence class for a minimum period of accumulated time (not necessarily continuous). Table 3 sets out the relevant eligibility requirements for heavy vehicle licence classes.



Table 3: Relevant Eligibility Requirements

Eligible class Minimum class held Period1

LR or MR A class C Australian driver licence 12 months2

HR A class C Australian driver licence 24 months2

HC A class C Australian driver licence and

a class MR or HR Australian driver licence

24 months2

12 months3

MC A class HR or HC Australian driver licence

The driver licensing authority must also be satisfied that the applicant has passed a training course, or has satisfied other assessment, approved by the driver licensing authority.

12 months

1 Any period of licence suspension or a person’s disqualification from driving must not be included in calculating the periods for which a person has held a licence.

2 Includes the period of any provisional licence held. 3 The minimum 12 months class MR or HR may be part of the 24 months class C

requirement.

1.4.3 Exemptions From Relevant Eligibility Requirements

1.4.3.1 Equivalent licence class If a person holds an Australian driver licence of an equivalent class, he or she is exempt from the relevant eligibility requirement.

1.4.3.2 Licences issued in external territories and other countries If a person has held a licence to drive a motor vehicle in an external territory or another country, the driver licensing authority may take that licence period into account for the purposes of calculating the periods for which a person has held a licence.

1.4.3.3 External territory licences If the jurisdiction closest to an external territory recognises licences issued by that territory, all Australian jurisdictions must recognise those licences. Only licences that are current or expired less than five years will be converted to an Australian driver licence without requiring the holder to pass practical or knowledge tests. Table 4 contains the national licence class equivalents for the three external territories that issue driver licences.



Table 4: Conversion of External Territory Licence Classes

Australian Jurisdiction

External Territory Licence Class National Licence Class

Western Australia

Christmas Island/ A Car

Cocos Keeling Islands B HR C HC E C-A F MR H LR I C (with tractor

restriction) J MR (with tractor

restriction) K R L R-E M R-E (100cc

restriction) R-N N New South Wales

Norfolk Island All Classes C

Private motor car C Private motor cycle No equivalent Commercial vehicle C Motor vehicle

carrying more than 6 persons

C

Motor vehicle weighing more than 2 tonnes

C

Motor vehicle load capacity over 1 tonne

C

Articulated vehicle C Tractor No equivalent

1.4.3.4 Overseas licences Drivers converting licences issued in other countries must pass eyesight, knowledge and driving tests, as required by the driver licensing authority, before being issued with an Australian driver licence. Proof of Identity5 requirements must also be satisfied.

Drivers from New Zealand are exempt from the requirement to pass a driving test.

If an applicant has previously held an Australian driver licence of the licence class being applied for, the applicant may be exempted from the required tests.

5 Refer to Part 3 of this document.



The overseas driver licence must be produced, together with a translation if the licence is in a language other than English. If the applicant is unable to produce the overseas licence, a letter from the overseas driver licence issuing authority or consulate giving details of the licence is acceptable. International driving permits alone are not acceptable for conversion to an Australian driver licence.

Any tenure acquired on the overseas licence may be taken into account when determining eligibility for the class of licence the applicant is applying for.

Representatives of overseas and international organisations declared missions (eg. Taipei Economic and Cultural Office) for the purpose of the International Organisations (Privileges and Immunities) Act 1963, are entitled to diplomatic privileges and immunities. They are exempt from the requirement to pass knowledge and driving tests, provided they hold current overseas licences.

Members of the Diplomatic Service and Consular Officers of the following ranks, who hold current overseas licences, may be exempted from knowledge and driving test requirements: • Consul General; • Deputy Consul General; • Consul, and • Vice Consul.



Table 5: Conversion of New Zealand Licence Classes

Class New NZ Class definition Agreed position 6 Any motorcycle, moped or all-terrain vehicle Rider 1 Any motor vehicle or combination motor

vehicle that has a gross combined weight of less than 4,500kgs and that is not a motorcycle.

C

2 Any rigid vehicle with a gross laden weight of more than 4,500kgs but less that 15,000kgs, or any combination vehicle that has a gross combined weight of less than 12,000kgs

MR (see note 4)

3 Any combination vehicle with a gross combined weight of 12,000kgs to 25,000kgs.

HC SA – Restricted to heavy vehicle combinations with a GCM not exceeding 24,000kgs. WA – Restricted to combinations up to 25,000kgs GCM.

4 Any rigid vehicle with a gross laden weight of 15,000kgs or more.

HR

5 Any Combination vehicle with a gross combined weight of 25,000kgs or more.

HC (see Note 2)

New Zealand driver licences that are current or expired less than 5 years will be converted to Australian driver licences in accordance with the conversion table, without the need for practical driving tests, subject to:

1. The minimum age limits and licensing requirements applicable in the jurisdiction.

2. An application for a class MC licence must be supported by written evidence of experience driving of vehicles authorised by licence class MC. The authenticity of such letters will be verified with the party that issued the letter and where considered appropriate, the New Zealand authorities.

3. Jurisdictions may require verification of licences with the New Zealand licensing authority.

4. Jurisdictions may issue a class HR licence to a Class 2 licence holder if written evidence of driving experience of 3-axle vehicles is supplied by an owner or operator in New Zealand. The authenticity of such letters will be verified as mentioned above in Note 2.

5. All jurisdictions will convert New Zealand Driver Licences that are current or expired less than five years with the exception of Western Australia who will convert licences that are current or have not expired more than one year.



1.4.3.5 Period of exemption from the requirement to obtain a driver licence in the jurisdiction Drivers moving interstate and drivers from overseas are exempt from the requirement to obtain a driver licence in the jurisdiction for a period of three months. This is a continuous period that commences when the licensee takes up residence in a jurisdiction (refer clause 1.16.2.1 Permanent Residence).

1.4.3.6 Criteria for determining exemptions from eligibility requirements The driver licensing authority may also exempt a person from a relevant eligibility requirement for upgrading from a licence class C to a heavy vehicle licence (class LR or above) if the person satisfies the authority that he or she is fit to be granted the licence or variation sought. This exemption may be on the grounds of: • age; • experience; • occupation; or • special circumstances.

When considering an application for an exemption from eligibility requirements, the authority must be satisfied that it will place undue hardship on the applicant if the exemption is not granted, and any adverse road safety effects are minimal. Exemptions must not be granted simply on the basis of inconvenience.

Applications must be made in writing and assessed on individual merit. The authority must advise the applicant of the decision in writing. Approval of exemptions should be made by a delegated officer and should follow the authority’s normal delegation arrangements for granting exemptions.

Exemptions from eligibility requirements should generally be restricted to upgrades to the next licence class that the applicant would be eligible to apply for.

In all cases, where a driver moves to another jurisdiction, a new application for exemption must be made. The issuing jurisdiction may place a condition on the licence to alert other jurisdictions to the existence of the exemption. If the licence has been issued without such a condition, a licence of the higher class will be issued in the interstate transfer.

Applicants must pass all of the usual tests and/or assessments required for the issue of the licence class being applied for. When the applicant has acquired the necessary eligibility for that licence class, any conditions or restrictions placed on the licence may be removed without the need for further tests.



1.4.3.7 Examples where exemptions may be warranted

1.4.3.7.1 Employment requirements An application for employment reasons must also be accompanied by a letter from an employer stating that the applicant is employed by or has an offer of employment and that he/she will be unable to accept the offer or be retrenched if he/she is unable to obtain a driver licence of the class being sought.

1.4.3.7.2 Family illness If the need for a higher class licence arises due to the need to relieve the driving duties of a sick family member, a doctor's certificate should be provided confirming that the patient is not considered fit to drive, and giving information on the specific nature of the illness and the duration of time that the patient is not fit to drive.

The applicant must demonstrate that there is a critical need to relieve the driving duty, or the absence of the sick driver is expected to be for an extended time. The licence class being applied for must not be higher than the class held by the sick driver.

With the availability of transport in urban areas it is unlikely that family illness would justify granting an exemption simply for convenience sake. However, in remote areas family illness could be a very real problem.

The sick driver’s medical condition should be recorded for subsequent reviews as appropriate.

1.4.3.7.3 Farming/remote area transport hardship An exemption for a farmer’s son or daughter may be granted if the authority is satisfied that it is essential to assist in the running of the farm for the applicant to drive the vehicle(s) for which the exemption is needed.

Applicants who are hampered in their ability to get to work, school or university by inadequate public transport may be exempt. They should produce relevant supporting documentation. This would mainly apply in remote areas where there is no public transport.

POLICY REFERENCES: Supporting Principle: 3, 31



1.5 ISSUE, RENEWAL, REPLACEMENT, AND VARIATION OF DRIVER LICENCE

1.5.1 Issue or Variation An applicant for issue or variation of a driver licence must give the driver licensing authority a completed application form, if one is required by the authority, and the appropriate fees for the issue or variation.

The application form may require an applicant for a MR, HR, HC or MC licence to complete a questionnaire concerning his or her medical condition and history.

The applicant must also provide proof of identity in accordance with Part 3 at the time of application.

1.5.2 Renewal Within five years after the licence expiry date, a person may apply to the authority to renew his or her driver licence by giving the authority an application for renewal of the driver licence and the appropriate fees.

The application form may require an applicant for a renewal of MR, HR, HC or MC licence to complete a questionnaire concerning his or her medical condition and history.

The applicant must also provide proof of identity in accordance with Part 3 at the time of application.

A person whose driver licence is not renewed within five years after the licence expiry date must apply for a new licence.

1.5.2.1 Renewal notice A notice of renewal of a driver licence must be addressed to the holder of the driver licence. It must include a statement that the licence will expire if it is not renewed on or before a date specified in the notice (the licence expiry date).

Failure to send, or non receipt of, a renewal does not affect the expiry of the driver licence and the obligation of the holder to renew the licence after the licence expiry.

1.5.3 Replacement The driver licensing authority may issue a replacement driver licence for a licence that has been stolen, lost, damaged, or cancelled for being incorrect.

An applicant must provide proof of identity in accordance with Part 3, and pay the appropriate fee.



1.5.4 Application Requirements An applicant for issue, variation, renewal or replacement of a driver licence may be required by the driver licensing authority to provide any or all of the following:

1.5.4.1 Evidence of suitability to hold a driver licence An applicant may be required to undergo tests or assessments, or provide other evidence of the applicant’s knowledge of road law, driving ability, or suitability to hold a driver licence.

Evidence of compliance obtained in another jurisdiction may be accepted by the authority.

The driver licensing authority may refuse an application if it is satisfied that the applicant does not have sufficient knowledge of road law or driving ability, or is not suitable to hold a driver licence.

1.5.4.2 Laws relating to the assessment of drivers convicted of alcohol or other drug offences An applicant may be required to provide evidence of compliance with a law in force in the jurisdiction in which the person was last disqualified from driving. If it is not practicable for the applicant to comply with another jurisdiction’s requirements, the authority may require the person to comply with the requirements of an equivalent assessment.

Evidence obtained in another jurisdiction may be accepted.

The driver licensing authority may refuse an application if it is satisfied that the applicant has not complied with the requirements of a law relating to the assessment of drivers convicted of offences involving alcohol or drugs in force in the jurisdiction in which the person had last been disqualified from driving.

1.5.4.3 Medical examinations An applicant may be required to undergo a medical examination or attend a specified medical practitioner or allied professional practitioner6 for that examination, or produce evidence of compliance with medical standards.

Evidence of compliance obtained in another jurisdiction must be accepted by the authority.

6 Medical practitioner means a person registered or licensed as a medical practitioner under a State or

Territory law that provides for the registration or licensing of such persons.

Allied professional practitioner means a clinical psychologist, an optometrist or occupational therapist registered or licensed under a State or Territory law that provides for the registration or licensing of such persons.



The driver licensing authority may refuse an application if it is satisfied that the applicant does not meet the medical standards applicable to the driver licence.

1.5.4.4 Eligibility An applicant may be required to provide evidence of eligibility for the class of licence sought.

The driver licensing authority may refuse an application if the authority is satisfied that the applicant is not eligible for the licence or variation.

1.5.4.5 Signature and photograph An applicant may be required to provide a specimen signature and to have his or her photograph taken, or to provide a photograph7 in a specified form.

1.5.5 Surrender of Current Driver Licence If an applicant for the issue or variation of a driver licence holds: • a current Australian driver licence; or • a current licence issued in another country; the applicant must surrender that licence to the driver licensing authority before the issue of a driver licence or amended driver licence.

The authority must not issue a driver licence unless it is satisfied that the person has surrendered any Australian driver licence or a licence to drive a motor vehicle issued in a foreign country.

1.5.5.1 Exemption from the surrender requirement for overseas licences The driver licensing authority may exempt a person from surrendering a licence issued in another country if the authority is satisfied that it would be unreasonable to require that licence to be surrendered.

An example is any overseas driver licence that forms part of an identity document that is required to be retained by the licensee if he/she decides to return overseas for any reason in the future. The requirement to surrender overseas licences does not include international driving permits or overseas defence force licences.

The Authority may exempt Diplomatic and Privileged staff from any requirement to surrender their licences.

In all other cases, plastic or laminated licences should be hole punched at a blank area, eg. the top left hand corner of the licence, so that it will not be invalidated and can be used again in the country of issue. Similarly, the endorsement of oveseas paper licences should be marked at a blank

7 Photograph includes a digitised, electronic or computer generated image in a form approved by the

driver licensing authority.



area with “(name of jurisdiction) licence issued (date)”. The licence is then returned to the licence holder.

If the licence is not marked to indicate the issue of an Australian licence, it must be destroyed.

1.5.6 Refusal of Application

The driver licensing authority may refuse an application for issue, variation or renewal of a driver licence if it is satisfied that the applicant: • has failed to pay a fine or pecuniary penalty arising out of the use of

a motor vehicle in Australia.; or • has not complied with a requirement of the primary or supporting

principles.

The driver licensing authority may refuse an application for issue or variation of a driver licence in accordance with: • an order made by a court in Australia; or • a law in force in the jurisdiction relating to the non-payment of fines.

POLICY REFERENCES: Primary Principle: 10 Supporting Principle: 4, 5, 6, 10, 19, 20

1.6 DRIVER LICENCE

1.6.1 Driver Licence Receipt The driver licensing authority may issue a driver licence receipt8, which has the same force and effect, and displays the same information (except a photograph) as a driver licence.

A driver licence receipt ceases to be in force on its expiry date, or when the driver licence is given to the holder, whichever is the sooner.

1.6.2 Information on Driver Licence A driver licence must show all the information listed in clauses 1.6.2.1 and 1.6.2.2.

1.6.2.1 Personal details

• a licence number for the person to whom it is issued;

8 Driver licence receipt means a receipt that:

(a) is issued following an application for an Australian driver licence and after payment of any applicable fee; and

(b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.



• the first name, second and third initials (if any), and family name of the person;

• a photograph9 of the person; • the person’s residential address; • the person’s date of birth; • the person’s signature (or a reproduction of that signature).

1.6.2.2 Licence details

• the licence class or classes held by the person; • the licence expiry date; • the code of any condition to which the licence is subject.

1.6.3 Expiry Date A driver licence expires at the end of the day (midnight) that is recorded on the register as the licence expiry date.

1.6.3.1 New expiry date after renewal If a driver licence is renewed before, on, or within six months after the licence expiry date, the expiry date of the new licence may be calculated from the expiry date.

If renewed within five years after the licence expiry date, the expiry date of the new licence may be calculated from the day the licence is renewed.

POLICY REFERENCES: Supporting Principle: 8, 9, 18, 20

1.7 INFORMATION ON THE REGISTER

1.7.1 The Driver Licence Register The driver licensing authority has the function of maintaining the driver licence register and must record the following information.

The authority may also record other information in the driver licence register for the purposes of the national driver licensing scheme, another Act, or other purposes as the authority considers appropriate.

1.7.1.1 Personal details

• the identification number allocated to the person to whom the licence was issued;

9 Photograph includes a digitised, electronic or computer generated image in a form approved by the

driver licensing authority.



• the first name, second and third initials (if any), and family name of the person;

• the person’s sex and date of birth; and • the person’s residential address and address for service of notices (if

any).

1.7.1.2 Licence details

• the class or classes of the licence; • the commencement and expiry dates of the licence; and • any conditions to which the licence is subject.

1.7.2 Release of Information in Demerit Point Register and Driver Licence Register The driver licensing authority must ensure that the information contained in the registers that is of a personal or commercially sensitive nature is released only under the following circumstances. However, this does not preclude the driver licensing authority from the release or sale of statistical data calculated from the register.

A request for information about a person recorded in the registers must be treated by the driver licensing authority in accordance with the Information Privacy Principles contained in section 14 of the Commonwealth Privacy Act 1988. Part 4 provides guidance to assist in the consistent application of the law when releasing information of a personal or commercially sensitive nature.

The holder of a driver licence is entitled to request a search of the driver licence register and may obtain a certificate as to any matter appearing in the register in relation to him or her, upon payment of the appropriate administrative fee.

1.7.3 Verification of Information on the Register If the driver licensing authority reasonably believes that information in the register is inaccurate or misleading, it may require the holder of a driver licence to provide evidence relating to the issuing, variation or continuation of the licence.

This request must be made in writing, and may require evidence including the licence holder’s personal details and residential address.

The authority may require the holder of a driver licence to provide specified documents for inspection and attend at a specified time and place for identification.

If a person who is required to attend for identification requests a change to the specified time or place, the authority must consider that request and may change the time or place accordingly.



POLICY REFERENCES: Primary Principle: 8, 15 Supporting Principle: 11, 12, 17

1.8 CONDITIONAL AND PROBATIONARY LICENCES

1.8.1 Conditional Licences A driver licence may be issued subject to conditions, with regard to the regulation of drivers of motor vehicles in the interests of road safety.

A condition to which a driver licence is subject may be shown on the driver licence by means of a code set out in Table 6.



Table 6: Licence conditions and their codes

Code Licence condition

A The holder must drive only a motor vehicle fitted with an automatic transmission.

B If the holder drives a heavy vehicle, the vehicle must be fitted with a synchromesh transmission10.

E If the holder is the rider of a motor bike or motor trike, the motor bike or motor trike must be of restricted engine capacity as notified in writing by the driver licensing authority.

I The holder must drive only a motor vehicle fitted with a breath alcohol interlock device11.

S The holder must wear corrective lenses at all times while driving.

V The holder must drive only a motor vehicle fitted with specified driver aids, or modified as directed in writing by the driver licensing authority.

X The holder must comply with any condition of which he or she has been notified in writing by the driver licensing authority.

Z Zero or 0.02 per cent blood alcohol concentration restriction.

If a condition is shown by a code or symbol, the driver licence must bear a note to the effect that the condition can be found out by inquiry of the driver licensing authority.

1.8.1.1 Explanation of conditions The licence holder may obtain a full written explanation of the conditions to which his or her driver licence is subject when the licence is issued.

The driver licensing authority may require the holder of a conditional licence to carry, when driving, any notice issued by the authority containing a full explanation of the conditions to which the licence is subject.

When driving in another jurisdiction, the holder of a conditional licence which bears the code X must carry a notice issued by the driver licensing authority containing a full explanation of the conditions to which the

10 This condition assumes a “hierarchy” of driving restrictions, recognising that a driver of a vehicle with synchromesh transmission would also be capable of driving an automatic. The intent of this condition is only to prevent the licence holder from driving non-synchromesh vehicles.

11 Breath alcohol interlock device means a device fitted to a motor vehicle which is capable of:

(a) analysing a breath sample for the presence of alcohol; and (b) interacting with the motor vehicle in such a way that a positive result at a designated blood

alcohol level will inhibit the use of the motor vehicle.



licence is subject. A separate notice would not be required if the conditions are printed in full on the licence.

1.8.2 Probationary Licences If a person is returning to driving following a period of disqualification imposed by a court in Australia, the person may be issued with a probationary licence. (This is not to be confused with a period of suspension of a driver licence.)

The holder of a probationary licence may be subject to any of the following conditions: • the holder must not drive with a blood alcohol concentration greater

than zero or 0.02 per cent (as the case may be); • the holder does not incur 2 or more demerit points; • the holder must carry the licence at all times while driving.

1.8.3 Mutual Recognition of Licences and Conditions The authority must recognise driver licences and conditions issued by another jurisdiction.

1.8.3.1 Conditions unique to the issuing jurisdiction Automatic recognition of others’ licence conditions does not apply to conditions that are unique to the issuing jurisdiction. When converting licences from other jurisdictions, the following licence conditions/restrictions will not be mutually recognised: • area, radius and route restrictions imposed by the driver licensing

authority. In respect of area, radius, route and eligibility exemptions, the new

jurisdiction may apply its own requirements for dealing with licence conversions. This may include requiring the applicant to pass further tests.

• court imposed restrictions In respect of court imposed conditions/restrictions applied in the

issuing jurisdiction, drivers will simply be disqualified from driving in other jurisdictions until the period of the condition/restriction expires. Until the disqualification period expires, drivers will be ineligible to apply for another licence.

• any condition/restriction placed on a licence as a result of an exemption from eligibility criteria.

In the case of visiting drivers, all licence conditions will be recognised by jurisdictions. If a licensee is driving contrary to the conditions/restrictions on the licence, law enforcement action can be taken by the jurisdiction being visited.

POLICY REFERENCES: Primary Principle: 14 Supporting Principle: 14



1.9 CHANGE OF NAME, ADDRESS OR MEDICAL CONDITION

1.9.1 Change of Name or Address The holder of a driver licence must tell the driver licensing authority, not more than 14 days after the change, about any change in his or her name or residential address, or address for service of notices.

A new residential address must be an address in the jurisdiction at which the driver licensing authority may ordinarily make personal contact with the person. There may be special arrangements for Australian Defence Force members (see also clause 1.16.2.1 Permanent Residence).

If there is no postal service to an applicant’s or licence holder’s residential address, the person must also provide an address for the service of notices.

1.9.2 Medical Conditions The holder of a driver licence must, as soon as practicable, notify the driver licensing authority of any permanent or long term injury or illness that may impair his or her ability to drive safely.

POLICY REFERENCE: Supporting Principle: 15

1.10 TESTS AND MEDICAL EXAMINATIONS OF LICENSED DRIVERS

1.10.1 Assessment of Driving Ability and Knowledge The driver licensing authority may require the holder of a driver licence to submit to tests or assessments of the holder’s driving ability, knowledge of road law and safe driving practices. This request must be made in writing to the licence holder.

1.10.2 Medical Fitness To determine the person’s medical fitness to hold a driver licence of a particular class, the driver licensing authority may require the holder of a driver licence to: • submit to a medical examination; or • produce evidence of compliance with the approved medical

standards; or • attend a specified practitioner for that purpose.

Any such request must be made in writing to the licence holder.



The driver licensing authority may require the holder of a driver licence to provide any documents relevant to the holder’s medical fitness to hold a driver licence.

The driver licensing authority must accept a certificate of the results of a medical examination conducted in another jurisdiction if that examination complies with the requirements of the national driver licensing policy.

1.10.2.1 Medical Standards

1.10.2.1.1 Licence class R, C or LR A medical examination must be conducted in accordance with the standards set out in Assessing Fitness to Drive Commercial and Private Vehicle Drivers (September 2003).

Austroads12 endorsed and published Assessing Fitness to Drive Commercial and Private Vehicle Drivers (September 2003) to replace the other publications referred to in the approved National Driver Licensing Scheme Policy. This was unfinished at the time the policy was approved, but it was expected that all jurisdictions would adopt the standards for licence classes up to and including Light Rigid.

1.10.2.1.2 Licence class MR, HR, HC or MC A medical examination must be conducted in accordance with the standards set out in Assessing Fitness to Drive Commercial and Private Vehicle Drivers (September 2003).

1.10.3 Application of Medical Standards for Commercial Vehicle Drivers

1.10.3.1 When medical reviews are required The driver licensing authority may require an applicant for the issue or renewal of a heavy vehicle driver licence to answer questions relating to his or her medical fitness (self-reporting).

Generally, holders of licence class MR or above are not required to provide a medical certificate at regular programmed intervals. The driver licensing authority may require the licence applicant or holder to undergo a medical review: • if the applicant indicates that he or she has a medical condition that

may impair driving ability; or • if it receives a report from a medical practitioner or other person that

the licence holder’s driving ability may be impaired due to a medical condition.

12 The association of Australian and New Zealand road transport and traffic authorities.



1.10.3.2 The medical examination form The model form in Appendix 2 of the Medical Examinations of Commercial Vehicle Drivers should be considered by the driver licensing authority when designing a medical examination form for applicants or holders of licence class MR or above.

A medical examination form should require the examining doctor to certify whether a driver: • meets the criteria as set out in Assessing Fitness to Drive

Commercial and Private Vehicle Drivers (September 2003); • does not meet the criteria; or • does not meet the criteria but may be considered for a conditional

licence (see clause 1.10.3.3. for relevant information that should also be requested).

The form should include a reminder about the need for the driver to keep the original medical certificate, to facilitate presentation to another agency where required.

1.10.3.3 Information required to issue a conditional licence If a conditional licence is recommended by the examining doctor in accordance with Assessing Fitness to Drive Commercial and Private Vehicle Drivers (September 2003), the doctor should provide as much information as possible on the following points: (a) the medical condition the licence holder or applicant is suffering

from; (b) the degree of the person’s control of the condition; (c) the person’s compliance with any therapy; and (d) any restriction, including the review period suggested.

The doctor should also relay the patient’s advice on the type of vehicle to be driven (eg. taxi, bus, semi trailer) and the implications in terms of consequences of loss of control and the person’s likely access to medical care.

The medical examination form should require the examining doctor to complete questions on the above matters when recommending a conditional licence.

The driver licensing authority should encourage an examining doctor to discuss available licence conditions and options with them where appropriate.

1.10.3.4 Issue and review of conditional licences The driver licensing authority should consider issue of a conditional licence on the basis of medical advice and other relevant information such as: • the type of vehicle to be driven;



• consequences of loss of control of vehicle (eg. semi trailer); • the person’s likely access to medical care; and • his or her driving history.

Any formal advice from a driver licensing authority to a licence holder about a conditional licence should state clearly in writing: • the medical condition suffered; • the licence condition being imposed; and • that the licence condition has been imposed in the interests of road

safety.

1.10.3.5 Independent medical advice Driver licensing authorities should have access to quality independent medical advice. The medical practitioner providing such advice should have a good understanding of the driving tasks in different sectors of the transport industry.

1.10.3.6 Medical examination for multiple purposes An agency must accept a medical examination certificate obtained for other purposes (eg. authority to drive public passenger or dangerous goods vehicles), including one obtained for an interstate agency, provided the examination was conducted in accordance with Assessing Fitness to Drive Commercial and Private Vehicle Drivers (September 2003) and within the last six months.

The driver licensing authority may ask the driver to undergo another medical examination if it forms a reasonable belief that the driver’s medical condition has deteriorated since the last certificate was issued. This may include an examination by an optometrist or doctor if an eyesight test is failed.

The driver licensing authority may also ask for supplementary evidence that the driver complies with any additional standards for public passenger vehicle driver accreditation, etc.

Authorities should take practical measures to facilitate one medical examination certificate being accepted for multiple purposes.

1.10.3.7 Transitional arrangements for drivers who do not meet standards Assessing Fitness to Drive Commercial and Private Vehicle Drivers (September 2003) should apply to existing licence holders when a medical condition is brought to notice. Driver licensing authorities may give special consideration to individuals, but the key objective of enhancing road safety must be observed.



1.10.4 Recognition of Tests, Assessments and Medical Examinations Undertaken in Other Jurisdictions

1.10.4.1 Recognition of tests The driver licensing authority may recognise driving and knowledge tests conducted in other jurisdictions provided the applicant can satisfy the authority that he or she is the person who was tested. This will include the usual proof of identity requirements for the issue of a licence and certificate of competency or a letter from the testing jurisdiction that the person has passed the test(s).

The certificate of competency, not more than one month old (the authority may consider certificates up to 12 months old), and at least one Evidence of Identity (EOI) document must contain the applicant’s signature.

Jurisdictions should contact the testing jurisdiction by phone or fax to ensure that the licence applicant is still eligible for the issue of a licence.

1.10.4.2 Recognition of driving assessments The authority may accept an assessment/course for the issue of a heavy vehicle driver licence provided that the assessment/course meets a satisfactory standard.

Assessments should cover the applicant’s knowledge of the road rules and driving skills. They should also cover correct loading practices for classes MR and above and the coupling and uncoupling of trailers for classes HC and MC.

Licence applicants in these cases should produce a certification from the provider, not more than one month old, stating that the person has successfully completed the assessment/course, together with the appropriate EOI requirements.

Providers should require applicants to undergo the same EOI requirements as are used for the issue of driver licences.

Jurisdictions should contact the previous jurisdiction by phone or fax to ensure that the licence applicant is still eligible for the issue of a licence.

1.10.4.3 Recognition of alcohol assessments Assessments of a person’s alcohol use may be required before a licence is issued following a court disqualification.

Alcohol assessments conducted in one jurisdiction may be recognised by another jurisdiction in accordance with the new jurisdiction’s requirements for such assessments. This may mean requiring the applicant to undergo additional assessments to meet the requirements of the new jurisdiction.



1.10.4.4 Recognition of medical examinations Medical examinations conducted in another jurisdiction must be recognised, provided documentation can be produced by the applicant for the driver licence that the medical was conducted in accordance with the requirements specified in this guideline. The documentation may be in the form of a national standard medical form or certification from the medical practitioner who conducted the examination.

POLICY REFERENCE: Supporting Principle: 4, 16

1.11 DEMERIT POINTS

Demerit points offences are specified in the national driver licensing scheme (the national core), or by the driver licensing authority (for offences unique to jurisdictions).

1.11.1 Demerit Point Offences The national schedule of demerit points (

Table 8) comprises offences relating to the driving or use of motor vehicles, and the number of demerit points incurred for each offence.

The authority may recognise offences created under other laws (that are not on the national schedule of demerit points) as being demerit points offences.

The authority must publish a notice in the Gazette13 of the offences and the number of demerit points for each of those offences.

1.11.2 Jurisdiction Specific Non-Core Demerit Points Offences that will be Recognised by Other States and Territories If a jurisdiction intends to recognise demerit point offences from other jurisdictions that are not in the national schedule of demerit points, they must publish the offences in the Gazette and allocate a demerit point value for each offence.

The National Transport Commission must also be advised so that this guideline can be amended to list the non-core offences that will be recognised by that jurisdiction.




1.11.3 Demerit Points Offences Received from a Court Demerit points offences received from a court may be transferred via the Demerit Points Exchange (DPX) system, provided the driver: (a) is convicted, or found guilty, of a relevant offence; or (b) pays the penalty specified in an infringement notice issued to the

driver in respect of a relevant offence; or (c) has not paid the penalty and the time for the person to have the

matter determined by a court has lapsed.

1.11.4 Recording and Clearing Demerit Points Demerit points are recorded for the day on which the offence was committed.

The authority must record against a driver the appropriate number of demerit points if the driver commits a demerit points offence that is recognised in the jurisdiction, regardless of where the offence was committed. See also, clause 1.17.1 Mutual Recognition of Offences.

Demerit points recorded against a driver who does not hold an Australian driver licence must be treated as demerit points recorded against the person if the person subsequently obtains a driver licence.

On the commencement of a period of suspension (clause 1.11.5) or a period of good behaviour (clause 1.11.6) all demerit points recorded against the person at the date of the suspension notice are taken to be deleted.

On the commencement of a period of suspension during a good behaviour period all demerit points recorded against the person at the date of the suspension notice are taken to be deleted.

Demerit points incurred after the person is served with a notice of licence suspension, but before the suspension or good behaviour period begins, are taken into account from the end of the period of licence suspension or good behaviour.

1.11.5 Demerit Points Suspension The authority must give a notice of licence suspension to the holder of a driver licence who incurs 12 or more demerit points within the previous 3 years. The previous 3 years is calculated from the offence date of the most recent offence recorded, regardless of the date that the offence is entered on the register.

If a person does not make an election for a period of good behaviour the person's existing driver licence is suspended from the date specified in the notice.

The period of licence suspension is specified in Primary Principle 12, as set out in



Table 7.

Table 7: Period of demerit points suspension

Licence suspension for demerit points

Item Demerit points incurred within previous 3 years Licence suspension

1 12 to 15 3 months

2 16 to 19 4 months

3 20 or more 5 months

1.11.6 Period of Good Behaviour Within 21 days after being served with a notice of licence suspension, a person may notify the authority that he or she elects to be of good behaviour for 12 months from the day on which the licence would have been suspended.

The person would keep the current licence and continue driving on the condition that he or she does not incur 2 or more demerit points during the 12 month period.

If a person on good behaviour incurs 2 or more demerit points during the good behaviour period, the driver licensing authority must suspend the person’s existing driver licence for twice the original suspension period. The authority must give the person a notice of suspension, specifying the date that the suspension will commence.

1.11.7 Demerit Points Penalties Not Affected by Court-imposed Penalties A suspension: • imposed by a court in Australia; or • under another law in the jurisdiction relating to the non-payment of

fines, speeding, and driving offences involving the use of alcohol or other drugs;

is separate from, and in addition to, a period of licence suspension for demerit points.

Demerit points recorded against a person remain unaffected by any suspensions of this kind until a demerit points licence suspension has been served.



POLICY REFERENCES: Primary Principle: 11, 12, 13 Supporting Principle: 21

Table 8: National schedule of demerit point offences

Offence Demerit points Australian Road Rules14 provision where offence created, or as otherwise indicated

Exceeding speed limit by 45 km/h or more

6 20

Exceeding speed limit by 30 km/h or more but less than 45 km/h.

4 20

Disobeying traffic signal 3 56(1), 56(2), 57(2) , 59(1), 60 , 61(2), 64 , 66(1), 66(4), 152(1) , 281, 282, 284, 286(2), 286(3)

Disobeying stop or give way traffic sign or line, or police directing traffic

3 67(1), 68(1), 69(1) , 70 , 71(1) , 101(1) , 101(2), 304(1)

Failing to give way 3 38, 62, 63(2) , 63(3) , 72(1), 73(1), 74(1) , 75(1), 76(1), 76(2) , 77(1), 78(1), 78(2) , 79(1), 83 , 84(1), 85 , 86(1), 87(1), 87(3) , 114(1) , 114(2) , 148(1) , 148(2) , 149, 155(1) , 288(4), 289(2)

Failing to stop or give way at pedestrian, children’s or level crossing

3 65(2), 80(1), 80(2) , 80(3), 80(4), 81(1) , 81(2) , 82 , 121, 122, 123

Driving with unrestrained passengers under the age of 16 years

3 266(1)

14 The Australian Road Rules approved by the Australian Transport Council in February 1999.




Driving contrary to a major defect notice

3 Road Transport Reform (Heavy Vehicles Registration) Regulations: Subregulation 42(2)

Driving on wrong side of double dividing lines, or on wrong side of divided highway

3 132(2), 135(1)

Exceeding the speed limit by 15 km/h or more but less than 30 km/h

3 20

Driving without a seat belt 3 264(1)

Motorcyclist not wearing a helmet 3 270(1)

Risk colliding with alighting, boarding or waiting tram passengers

3 162(1) , 163(1) , 164(1)

Careless or negligent driving 3 unspecified

Improper overtaking or passing 2 93(1), 94 , 140, 141(1) , 142(1) , 143(1) , 143(2) , 144, 160(2) , 160(3) , 161(2), 161(3)

Turning or stopping without signalling

2 46(1), 48(1), 53(1) , 53(2), 53(3), 112(2) , 112(3) , 113(2) , 113(3) , 117(1) , 117(2), 118(1)

Turning improperly 2 27(1), 28(1), 29 , 31(1), 32(1), 33(1) , 34(1), 37 , 39(1), 39(2) , 40 , 41, 42, 43(1), 43(2), 88(1) , 88(2), 89(1), 89(2) , 90 , 91(1) , 91(2)

Failing to keep left 2 115(1) , 129(1) , 130(2) , 131, 132(1) , 132(2), 135(1)




Driving contrary to a minor defect notice

1 Road Transport Reform (Heavy Vehicles Registration) Regulations: Subregulation 42(2)

Failure to dip headlights 1 218(1), 219

Following too closely 1 126, 127(1)

Driving at night without lights on 1 215(1), 216(1)

Exceeding the speed limit by less than 15 km/h

1 20

1.12 SURRENDER OF DRIVER LICENCE

1.12.1 Application The holder of a driver licence (or an agent who produces written evidence of his or her appointment as an agent) may apply to the authority to surrender the licence by returning the licence to the authority. If the licence has been lost or destroyed, the licence holder may apply for surrender by giving the authority a signed statement to that effect.

The authority must approve an application for surrender if the holder of the licence meets the requirements for surrender, unless the driver licensing authority is taking action to suspend or cancel the licence.

1.12.2 Refund The authority may refund part of the fee for the issue of the licence, calculated in accordance with the formula described in Figure 1. The authority may deduct from the refund the amount of any unpaid administrative fees incurred in respect of the driver licence.

Number of Days x Fee Paid Licence Period

Number of Days: The number of unexpired whole days remaining of the licence period for which the fee was paid, from the day on which the driver licensing authority approves the application to surrender the licence.



Licence Period: The total number of days for which the licence was issued

Fee Paid: The amount paid for the issue of the driver licence, other than any administrative fee.

The amount paid for the issue of the driver licence, other than any administrative fee.

Figure 1: Formula for refund of driver licence

EXAMPLE:

If an applicant paid $90 for a 3 year licence on 1 March 1998, then applied to surrender the licence on 1 September 1998 (184 days later), the refund would be calculated as follows15: 911 (1095-184) x $90 = $74.88 1095 (3 x 365)


1.13 VARIATION, SUSPENSION OR CANCELLATION OF DRIVER LICENCE

The authority may vary, suspend or cancel a person’s driver licence. The act of suspending or cancelling a driver licence is an administrative action of the driver licensing authority16.

1.13.1 Reasons for Variation, Suspension or Cancellation A person’s driver licence may be varied, suspended or cancelled by the authority for the following reasons:

1.13.1.1 Tests or examinations If it appears that the person has failed or refused to submit to a test or medical examination required under or in accordance with the primary or supporting principles, or has failed such a test or examination.

15 Computer systems will automatically take account of leap years in their calculations, the example

provided is simply to illustrate how the calculation could be done manually. 16 Disqualification of a person from driving may only be ordered by a court, and may include directions

that any driver licence held be suspended or cancelled.



1.13.1.2 Medical If it appears that it would be dangerous for the person to drive a motor vehicle because of illness or incapacity, or because of the effects of treatment for such conditions.

1.13.1.3 Suitability If it appears that the person does not have sufficient knowledge of road law or driving ability, or is not suitable to hold a driver licence. Suitability criteria are specified by the driver licensing authority.

1.13.1.4 Requirements of other laws If it appears that the person has not complied with the requirements of a law relating to the assessment of drivers convicted of offences involving alcohol or drugs in force in the jurisdiction in which the person had last been disqualified from driving.

1.13.1.5 Payment of penalties If it appears that a penalty imposed on the person in any jurisdiction in respect of the operation of a motor vehicle is unpaid and no court order for the payment of a penalty by instalments has been made.

If it appears that the person has not complied with a court order for the payment by instalments of a penalty imposed on the person in respect of the operation of a motor vehicle.

1.13.1.6 Eligibility If it appears that the person is no longer eligible for a particular class or classes of licence (clause 1.4).

1.13.1.7 Administrative If the licence was issued or renewed in error, or the licence is incorrect in any respect.

If a non-cash payment submitted to the authority as payment of an appropriate licence fee17 or administrative fee has been dishonoured.

1.13.1.8 Offences If the person has been convicted in another jurisdiction or another country of any offence, which, if the person had been licensed in that jurisdiction or country, would have enabled the driver licensing authority of that jurisdiction or country to suspend, vary or cancel the person’s licence.

If the person has failed to comply with a condition of the licence.

17 Licence fee means a tax or charge, however described, imposed on drivers of motor vehicles under

another law of the jurisdiction.



1.13.2 Statutory Obligations The authority must suspend or cancel a person’s driver licence in accordance with an order made by a court in Australia.

The authority is also required to suspend or cancel a person’s driver licence in accordance with a law in the jurisdiction relating to: • speeding; • the non-payment of fines; or • driving offences involving the use of alcohol or other drugs.

1.13.3 Procedures for Variation, Suspension and Cancellation of Driver Licence If the driver licensing authority decides to vary, suspend or cancel a person’s driver licence, it must notify the person in writing of the reasons for the decision, and any action (with due date) required to avoid the variation, suspension or cancellation.

Variation notice: the notice must also state that if the licence is varied, the person will no longer be authorised to drive a motor vehicle of a kind specified in the notice.

Suspension notice: the notice must also state that if the licence is suspended, the person will not be authorised to drive a motor vehicle for the period of suspension specified in the notice. The notice must also state whether (and if so, when) the licence must be returned to the authority.

Cancellation notice: the notice must also state that if the licence is cancelled, the person will no longer be authorised to drive a motor vehicle. The notice must also state whether (and if so, when) the licence must be returned to the authority.

The licence is varied, suspended or cancelled according to the terms of the notice unless the authority withdraws the notice, by further written notice.

If a person’s driver licence is varied, suspended or cancelled the person must return the licence to the authority within the time required by the notice.

POLICY REFERENCES: Supporting Principle: 23, 24

1.14 REVIEW OF DECISIONS BY THE AUTHORITY

1.14.1 Authority to Ensure Notification of Review Rights Where an affected person is eligible to seek review of a decision, the authority must advise that person of the person’s right to seek review and



the options available under other laws to have the decision reviewed by a Tribunal18, court, Ombudsman or Parliamentary Commissioner.

1.14.2 Reviewable Decisions An affected person may apply to the driver licensing authority in writing for an internal review of a decision by the authority: • not to take into account some or all of the period the person has held

a licence to drive a motor vehicle in another country for the purpose of determining eligibility for a driver licence;

• not to grant an application for the issue, variation or renewal of a driver licence;

• to vary, suspend or cancel the person’s driver licence; • that a visiting driver is no longer exempt from the requirement to

hold a driver licence.

1.14.3 Internal Review

1.14.3.1 Application An affected person may apply to the driver licensing authority in writing for an internal review of the authority’s reviewable decisions (see clause 1.14.2). The application for review does not affect the operation of the decision.

An application for internal review must be made within 28 days after the person is notified of the decision. This period does not commence until the person is notified of the review rights.

1.14.3.2 Review process An application for internal review must be considered by someone in the driver licensing authority other than the person who made the decision.

After considering an application for review, the authority must affirm, vary or revoke the decision. The person must be notified of this decision in writing within 28 days after the authority receives the request for internal review. If the authority does not notify the person, the decision is taken to be affirmed.

If the authority fails to notify the person of its decision within 28 days after receiving the request for internal review, the person may apply for external review within 28 days after the end of that period.

18 Tribunal means the appropriate review body for the jurisdiction.



1.14.4 Application for External Review

1.14.4.1 Application An application for external review must be made within 28 days after the affected person is notified of the internal review decision. This period does not commence until the person is notified of review rights.

Application may be made to the Tribunal for a review of a decision by the driver licensing authority. The application does not affect the operation of the decision, unless otherwise ordered by the Tribunal.

1.14.5 Affected Person Entitled to be Given Reasons Where a person is entitled to seek review of a decision, the person may apply to the authority for written reasons for the decision.

Within 14 days of the application being made, the driver licensing authority must provide to the person its decision, with reasons, and the identity or position of the person who made the decision.

An application for reasons may be made before or during the period in which a person seeks review of a decision, unless the person has already been provided with the required details.

POLICY REFERENCES: Primary Principle: 20 Supporting Principle: 25, 26, 27, 28

1.15 EXEMPTIONS

1.15.1 Power to Include or Exclude Areas The Minister may declare, by notice in the Gazette19, that the amended driver licensing law, or specified provisions of the amended law apply, do not apply to a specified area of the jurisdiction that is open to or used by the public.

1.15.2 Licence Not Required The national driver licensing scheme does not apply to the driver of a motor vehicle that is used only on a railway or tramway.

1.15.3 Driver Exemptions The driver licensing authority may exempt drivers from the requirement to hold a licence, or a particular class of licence. The exemption may be subject to conditions.




The driver licensing authority must publish notice of the exemption in the Gazette20.

1.15.3.1 Exemptions for certain types of vehicles

1.15.3.1.1 Agricultural vehicles and implements The authority may exempt a driver or class of drivers from the need to hold a heavy vehicle driver licence when driving agricultural machines or implements, or items of plant. However, to ensure that drivers have the necessary basic driving skills and knowledge of the road rules to drive safely, drivers of these vehicles must be required to hold at least a licence class C.

Alternatively, the authority may issue a driver licence appropriate to the size of the vehicle but endorse it with a restriction on the type of vehicles that may be driven.

Agricultural vehicles include vehicles constructed to perform agricultural tasks such as tractors and harvesters.

Implements include motor vehicles that comprise an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and are not constructed on a chassis of a type normally used in the construction of a motor lorry.

1.15.3.2 Exemptions from the requirement to hold a licence The authority may grant an exemption from the requirement to hold a driver licence. If exemptions are given, the authority must gazette the types of exemptions that are available. The authority cannot grant an exemption of a type not covered by the gazettal notice.

Examples of the types of exemptions that may be granted are:

1.15.3.2.1 Emergency services Emergency service personnel who are required to drive vehicles in an emergency situation and are being used solely or mainly for dealing with the emergency situation.

1.15.3.2.2 Golf courses Drivers and riders of motor vehicles used solely or mainly on golf courses or other designated areas associated with golf courses are exempt from the requirement to hold a driver licence.

1.15.3.2.3 Ride-on lawn mowers




Drivers of any motor vehicle, weighing not more than 250 kg when unladen, which is constructed or used solely for cutting grass or for purposes incidental to cutting grass are exempt from the requirement to hold a driver licence.

1.15.3.2.4 Small vehicles (pedal cycles) Drivers of any motor vehicle comprising a pedal cycle to which is attached one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts are exempt from the requirement to hold a driver licence.

1.15.3.2.5 Motorised wheelchairs Mobility impaired drivers are not required to hold a licence when driving a motorised wheelchair.

POLICY REFERENCES: Primary Principle: 19 Supporting Principle: 29, 30

1.16 INTERSTATE AND INTERNATIONAL VISITORS

1.16.1 Visiting Drivers A visiting driver who holds a current Australian driver licence (or learner licence) issued in another jurisdiction, or foreign driver licence21 (with English translation or international driving permit22 if not written in English) authorising the person to drive a motor vehicle, may drive that kind of motor vehicle in the jurisdiction, and is exempt from the requirement to hold a driver licence.

1.16.2 Loss of Exemption If the authority forms an opinion on the following matters it must give the person written notice of its decision that the person is no longer exempt from the requirement to hold a driver licence.

1.16.2.1 Permanent residence Exemption ceases if the holder of an Australian or New Zealand driver licence (or learner licence) has resided in the jurisdiction for a continuous

21 Foreign driver licence means a licence to drive a motor vehicle held by an international visitor and

issued in the country in which the person is ordinarily resident. 22 International driving permit means a permit issued by:

(a) a competent authority of a Contracting State or a subdivision of such a State (“Contracting State” means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949); or

(b) an association duly empowered by such an authority; in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.



period of more than 3 months (unless he or she also holds a valid Department of Defence Driver Identification Document).

Exemption ceases if an international visitor23 has held a permanent residence visa under the Migration Act 1958 for more than 3 months after arriving in Australia.

1.16.2.2 Disqualification Exemption ceases if the person is disqualified from driving.

1.16.2.3 Offences Exemption ceases if the person is charged with an offence specified under another law of the jurisdiction relating to visiting drivers.

1.16.2.4 Suitability Exemption ceases if the person is not considered suitable to drive a motor vehicle in the jurisdiction, or the person’s ability to drive safely is impaired due to long term injury or illness.


1.17 OFFENCES

1.17.1 Mutual Recognition of Offences

1.17.1.1 Transmitting offence information to another driver licensing authority If a person holds a driver licence issued in another jurisdiction and commits an offence in this jurisdiction that is included in the national schedule of demerit points or pays an infringement notice24 for the offence, the authority must transmit relevant information about the offence to the other jurisdiction.

If the person does not hold a licence, the relevant information must be transmitted to the driver licensing authority of the jurisdiction in which the person resides.

The authority need not transmit any information until after the dismissal of a lodged appeal, or after the time in which the person can appeal.

23 International visitor means a person who:

(a) is ordinarily resident in a foreign country; and (b) is not a permanent resident of Australia.

24 Infringement notice means a notice giving a person alleged to have committed an offence described in the supporting principles the option of paying an amount instead of being charged with the offence.



1.17.1.2 Receiving offence information from another authority If the authority receives information about an offence committed from another driver licensing authority, it must take the action it would have taken if the offence had been committed in this jurisdiction.

1.17.2 Offences Under National Driver Licensing Scheme • A person who drives a motor vehicle on a road or road related area is

guilty of an offence if the person is unlicensed or disqualified from driving by a court in Australia. A person is not unlicensed if the person is exempt from the requirement to hold a driver licence of the vehicle’s class.

• A person is guilty of an offence if the person possesses, obtains, or attempts to obtain a driver licence by a false statement or any misrepresentation or other dishonest means. Such a driver licence is void, and the authority may alter the driver licence register accordingly.

• Failing to comply with a condition of an Australian driver licence.

• Failing to return a driver licence to the driver licensing authority.

• Failing to carry a notice about a licence condition.

• Failing to provide evidence about the contents of the driver licence register.

• Producing a false driver licence calculated to deceive, or using a driver licence, or the representation of a driver licence, in a manner calculated to deceive.

• Altering a driver licence in a way that is calculated to deceive, or producing such a licence.

• Failing to give information to the driver licensing authority.

POLICY REFERENCES: Primary Principle: 14, 21, 22 Supporting Principle: 32, 33,34

1.18 SERVICE OF NOTICES ON PERSONS

1.18.1 Service by Post The driver licensing authority may serve a notice on a person by posting or some other means to the person’s residential address. If an address for service of notices is recorded in the register, the notice should be sent to that address.

If the person has moved within the previous 14 days, the notice shall be deemed to be served if posted within 7 days after the person vacated the address.



1.18.2 Interstate Authority as Agent If a person’s address is in another jurisdiction, the authority may request the driver licensing authority of that jurisdiction to act on its behalf. If the authority receives such a request from an interstate authority, it may act on that authority’s behalf.


1.19 INDEMNITY

1.19.1 Tests or Examinations An individual does not incur civil or criminal liability for carrying out a test or examination, and expressing to the driver licensing authority an opinion formed as a result.

1.19.2 Unsafe Driving Report An individual does not incur civil or criminal liability for reporting, in good faith, to the driver licensing authority that a person may be unfit to drive, or it may be dangerous to allow another person to hold or be issued a driver licence or a variation of a driver licence.

POLICY REFERENCE: Primary Principle: 24


Part 2 National Heavy Vehicle Registration Scheme Page 1

2 PART 2 – NATIONAL HEAVY VEHICLE REGISTRATION SCHEME

2.1 SCOPE OF SCHEME AND IMPLEMENTATION TIMETABLE

A Vehicle with a gross vehicle mass greater than 4.5 tonnes will be registered under the National Heavy Vehicle Registration Scheme (NHVRS).

All vehicles with a Gross Vehicle Mass (GVM) greater than 4.5 tonnes will be subject to the National Heavy Vehicle Registration Scheme25.

Vehicles currently registered under the Federal Interstate Registration Scheme (FIRS) will be included in this scheme, when the FIRS legislation is repealed.

2.2 STATE OR TERRITORY OF REGISTRATION

A Registration Authority must not register a heavy vehicle unless it is satisfied that the vehicle’s garage address (principal depot or base of operations) is in the jurisdiction in which it is to be registered.

2.2.1 Background This provision is designed to ensure that the registration charges collected for vehicle use are retained by the jurisdiction in which the vehicle is principally based, and to assist with on-road enforcement.

2.2.2 Operation The satisfactory operation of the National Heavy Vehicle Registration Scheme, particularly in relation to the protection of revenue within jurisdictions, is dependent on Registration Authorities ensuring that the Garage Address of a vehicle is within that jurisdiction prior to registering the vehicle.

The Registration Authority must not register a vehicle where the Registered Operator has failed to produce satisfactory evidence of Garage Address in response to the Authority’s request.

25 This Administrative Guideline was developed specifically for heavy vehicles, but may be adapted by

jurisdictions to include light vehicles. Where this is the case, the aim should be to ensure that both heavy and light vehicle registration practices are essentially the same.


Page 2 National Heavy Vehicle Registration Scheme Part 2

The Registration Authority may require the Registered Operator to provide evidence of Garage Address at any time. The Registered Operator must produce evidence that the Garage Address is the depot or base of operations for the vehicle, when requested to do so by the Registration Authority26.

2.2.2.1 Acceptable Evidence of Garage Address In order to determine a vehicle’s Garage Address the Registration Authority may require the production of documents such as:

• Certificate of Title of land ownership for the premises;

• Lease agreement or rent book;

• Taxation Assessment notice in relation to the premises;

• Council Rate notice;

• Utility accounts relating to the street address; or

• Any other documentation acceptable to the Registration Authority.

Where residential and Garage Address are identical, the Registration Authority may waive the requirement to produce the above documentation if it is satisfied, as a result of other or previous evidence, that the residential address is the vehicle’s Garage Address.

2.2.2.2 Compulsory Third Party Insurance The Registered Operator must ensure that the vehicle has the appropriate Compulsory Third Party Insurance (CTPI) in the State or Territory of registration, and the State or Territory in which it is operating. The Registration Authority may require evidence of such cover before the vehicle is registered27. Detailed requirements in relation to CTPI are contained in clause 2.20.

2.2.3 Legislation Section 11 of the Road Transport Reform (Heavy Vehicles Registration) Act, 1997.

Local legislation in relation to CTPI must also be observed.

2.2.4 Data The data requirements for Garage Address are derived from the NEVDIS ‘Detailed Technical Specification’. The NEVDIS address data specifications are consistent with the provisions of Australian Standard AS4212.

26 ‘Registration Authority’ and other terms formatted in italics, in this and subsequent Sections, are

defined in the Glossary/Dictionary Section at the end of this document. 27 “Registration” includes renewal and re-registration.



The NEVDIS ‘Detailed Technical Specification’ contains details of all required data fields and their properties.

2.3 REGISTER IS NOT EVIDENCE OF TITLE

The register does not provide evidence of the legal title to any motor vehicle or trailer.

2.3.1 Background The vehicle registration system is not intended to provide any evidence of legal title. The focus of the Register is to identify the natural person or corporation responsible for the operation of the vehicle on the road network, and to provide a unique identity for each vehicle.

2.3.2 Operation The Registration Authority may require evidence of entitlement to register a vehicle.

The Registration Authority may record ownership details on the register for other purposes.

2.3.3 Legislation Section 12 of the Road Transport Reform (Heavy Vehicles Registration) Act, 1997.

2.3.4 Data No data requirements are associated with this section.

2.4 INFORMATION SECURITY

Information in the register that is of a personal or commercially sensitive nature must not be released without authority.

2.4.1 Background The Registration Authority must ensure that personal or commercially sensitive information is protected in accordance with the Regulations and other privacy law.

2.4.2 Operation The Road Transport Reform (Heavy Vehicles Registration) Regulations, 1997 call up the Information Privacy Principles in the Commonwealth Privacy Act. Information should only be released in accordance with those principles or with the express consent of the person to whom it relates.



2.4.2.1 Administrative Guideline for Information Release The NRTC has developed Part 4 (Management, Use and Release of Information) to aid the consistent application of the law when releasing information of a personal or commercially sensitive nature. Part 4 reflects the Information Privacy Principles in the Commonwealth Privacy Act.

2.4.3 Legislation Section 13 of the Road Transport Reform (Heavy Vehicles Registration) Act, 1997 and Regulation 17(7).

Section 14 of the Commonwealth Privacy Act, 1988, Information Privacy Principles.

Relevant State and Territory legislation.

2.4.4 Data No data requirements are associated with this section.

2.5 REGISTERED OPERATOR

A vehicle will be registered in the name of one natural person or corporation accountable for its use on the road. The Registered Operator need not be the legal owner.

2.5.1 Background The Registration Authority must record on the Register the identity of the natural person or corporation (ie the Registered Operator) responsible for the operation of the vehicle on the road network. The recording of the nominated Registered Operator does not preclude the recording of legal owners on the Register for other purposes. Registration may be effected only in the name of a natural person or a corporate entity.

2.5.2 Operation

2.5.2.1 Minimum Age A natural person may be the Registered Operator of a heavy vehicle if he or she has reached the age of 18 years. Where a Registration Authority registers a light vehicle, a different minimum age may apply.

The Registered Operator may also be a corporation, which is:

• a body registered under the Corporations Law of Australia;

• a Statutory Corporation incorporated under an Act of Parliament; or

• associations or other bodies incorporated under State/Territory legislation allowing them to acquire corporate status.



The person registering a vehicle in the name of a corporation must prove his or her identity in accordance with Part 3, and provide an authorisation from the corporation (on documentation showing its Australian Company Number). If a corporation is not incorporated under the Corporations Law, satisfactory evidence of incorporation is required. Vehicles owned by unincorporated bodies and registered businesses must be registered in the name of an eligible Registered Operator.

2.5.2.2 Evidence of Identity Where the Registered Operator is a natural person, evidence of identity must be established, on application for registration, in accordance with Part 3. This must be done before the Registered Operator is recorded on the authority’s database and registration is effected. Evidence of identity is not required for Renewal of Registration where the client presents the ‘Notice of Renewal’ issued by the Registration Authority.

For transfer of registration, evidence of identity requirements must be met before the vehicle is transferred by the acquiring Registered Operator. If a Registration Authority permits transfer transactions by mail or electronic means, the driver licence number (or equivalent for an unlicensed Registered Operator) or the Australian Company Number (if incorporated) of the acquiring Registered Operator is required. The Registration Authority may refuse to transfer a vehicle where evidence of identity is not established.

2.5.2.3 Trading Names A vehicle cannot be registered under an unincorporated trading name.

A Registered Operator must be recorded if the Registration Authority permits the inclusion of trading names on the register.

2.5.2.4 Change of Name The Registered Operator must notify the Registration Authority of any change of name within a period of 14 days, and must provide evidence of change of name in accordance with Part 3.

2.5.2.5 Access to Information A Registered Operator may gain access to details of any vehicle on the Register for which that person or corporation is the Registered Operator, upon payment of any applicable fee.

2.5.2.6 Entitlement to Register Before a vehicle is registered, the Registered Operator or Agent must provide the following evidence of entitlement to possession of the vehicle:



• Proof of Origin, (such as a notice of disposal, a receipt from a motor vehicle trader, receipts for restoration, modification etc); or

• a statutory declaration (or other declaration to the satisfaction of the authority).

2.5.2.7 Use of Agents An Agent must produce a document, acceptable to the Registration Authority, authorising him or her to act on behalf of the Registered Operator. Where an application for registration is made by an Agent on behalf of the Registered Operator the Agent must prove his or her identity in accordance with Part 3. Where the Agent is unable to establish the identity of the Registered Operator to the satisfaction of the Registration Authority, the vehicle record is be endorsed with a note that the identity of the Registered Operator has not yet been conclusively established.

Alternatively, the Registration Authority may refuse to register a vehicle where the application is made by an Agent and the Registered Operator is not already established on the Register.

2.5.2.8 Service of Notices Notices must be served to the Residential Address unless an Address for the Service of Notices is provided.

2.5.3 Legislation Regulations 6(1) 11 and 12 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.5.4 Data The Register must record:

• The name of the Registered Operator; • Identification details of the Vehicle; • GVM, (and GCM for a motor vehicle); • Operator Type; • Garage Address of the vehicle; • Residential Address of the Registered Operator; • Address for Service of Notices; • Start and Expiry Dates of the registration; • Conditions (if vehicle is conditionally registered); • Nominated Configuration; • Start and Expiry Date of CTPI; and • Name of Insurer where appropriate.




2.6 VEHICLE STANDARDS

A new vehicle must comply with the Australian Design Rules and the Road Transport Reform (Heavy Vehicles Standards) Regulations, 1995, as amended from time to time, and any relevant national vehicle modification standards, in order to be registered without conditions.

2.6.1 Background The Registration Authority may register a vehicle without conditions if it has been certified as complying with the relevant provisions of the Heavy Vehicles Standards Regulations. New vehicles must also comply with the requirements of the Australian Design Rules (ADRs) declared under the Commonwealth Motor Vehicle Standards Act, 1989.

The Registration Authority may use the Conditional Registration provisions detailed in clause 2.11 to provide access to the road network for non-complying vehicles.

2.6.2 Operation

2.6.2.1 Determination of Initial Compliance with the Heavy Vehicles Standards Regulations Certification of compliance with the relevant Heavy Vehicles Standards Regulations is evidenced by an approved Identification Plate or by inspection and certification by an Authorised Person. A vehicle may be registered conditionally (refer to clause 2.11) if it has an approved Operations Plate attached or it has been issued with an Certificate of Approved Operations. A vehicle fitted with a ‘non-standard vehicle’ plate, issued under the Commonwealth Motor Vehicle Standards Act, 1989, is entitled to registration, but may be subject to conditions.

2.6.2.2 Determination of Continuing Compliance with Heavy Vehicles Standards Regulations Determination of continuing compliance with the Heavy Vehicles Standards Regulations may be achieved through periodic inspection, inspection at transfer, random on-road inspections or by inspections when the vehicle is altered or modified. The Registration Authority may require a Registered Operator to present the vehicle for inspection. Certification of inspection is to be provided when standards are met.

The Register may record the Serial Number and Date of Issue of any Certificate of Inspection of the vehicle. The Register may also record the Latest Date of the Next Required Inspection, where required.



2.6.2.3 Defect Notices A Vehicle Defect Notice may be issued when a vehicle is found not to comply with the Heavy Vehicles Standards Regulations. There will be two levels of Vehicle Defect Notice:

• major defects (where further use of the vehicle after the time specified in the notice would constitute an imminent and serious safety risk). A vehicle with a major defect will have a Defective Vehicle Label affixed to it; and

• minor defects (where the deficiencies, if allowed to continue after a particular time, may constitute a safety risk).

A Vehicle Defect Notice will contain:

• the vehicle's registration details;

• the details of the person to whom the notice is served;

• the vehicle's details (VIN, make, type etc.);

• the repair requirements (including date for correction);

• the inspection type conducted (ie visual, full roadside, workshop);

• a description and classification of defects;

• the time and date after which the vehicle must not be used;

• an indication of whether an infringement notice was also served; and

• the name, official number or other identification of the issuing officer.

If an enforcement officer considers that the vehicle’s defect(s) do not constitute a safety risk, but should be remedied, he or she may issue a formal written warning rather than a defect notice. Part 5 provides guidance on assessing vehicle defects.

2.6.2.4 Recording and Administration of Defect Notices If a Vehicle Defect Notice is issued, the Register must record the Serial Number and required Clearance Date (if any) shown on the notice, provided this date is later than any recorded Certificate of Inspection, (ie not if the vehicle has already been inspected and cleared).

The details of any defect notice and defect clearance inspection must be recorded in the Register of the home jurisdiction (State or Territory in which the vehicle is registered). A defect clearance may require a full inspection of the vehicle.

If the Vehicle Defect Notice is not cleared by the required clearance date, the Registration Authority must write to the Registered Operator advising that if the Defect Notice is not cleared by the date specified in the written notice, the registration of the vehicle will be suspended.



If the defect notice is not cleared during the suspension period, the Registration Authority may then serve a written notice on the Registered Operator advising that the vehicle’s registration will be cancelled if the defect notice is not cleared within 14 days of a date specified in the notice. If evidence of clearance of the defect is not presented to the home jurisdiction within that 14 days the registration is cancelled. Clearance after this time will require the vehicle to be Re-registered.

The Road Transport Reform (Heavy Vehicles Registration) Regulations provide that a Registration Authority may refuse an application for the surrender of registration where it is taking action to suspend or cancel the registration for failure to comply with a defect notice (Regulation 32(7)).

2.6.2.5 Clearance and Enforcement of Defect Notices Registration Authorities have reciprocal arrangements for the clearance and enforcement of Vehicle Defect Notices. The issuing jurisdiction will send a copy of the defect notice to the home jurisdiction for follow up action.

Defects may be cleared anywhere in Australia. Evidence of clearance (where required) must be presented to the home jurisdiction.

2.6.3 Legislation and References Regulations 7, 8 32, 40 and 41 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

The Commonwealth Motor Vehicles Standards Act, 1989, and the Australian Design Rules (ADR) made in accordance with this Act, the Road Transport Reform (Heavy Vehicles Standards) Regulations, 1995 and the National Code of Practice for Heavy Vehicle Modifications.

2.6.4 Data The following data items are required:

• Serial Number (of Certificate of Inspection); • Date of Issue; • Latest Date of Next Inspection; • Serial Number (of a Defect Notice issued in relation to the vehicle);

and

• Required Clearance Date.




2.7 VEHICLE IDENTIFICATION

A vehicle must be described in sufficient detail to enable effective identification and bear a Vehicle Identification/Chassis number and, for motor vehicles only, an engine number.

2.7.1 Background The register exists for the management of the use of vehicles on the road network, the enforcement of laws, and to enable the tracing of stolen and written-off vehicles.

The Vehicle Identification Number (VIN) is the primary identifier for vehicles constructed since 1 January 1989, and must be recorded for those vehicles. Pre 1989 vehicles are identified by means of their Chassis Number. The Engine Number of a vehicle is also recorded as part of the identification data.

2.7.2 Operation

2.7.2.1 VIN and Chassis Numbers The Registration Authority must not register any vehicle (except a Trailer initially registered before 1 January 1989) unless it has:

• a Vehicle Identification Number (VIN) in accordance with the Australian Design Rules (ADRs) or a Chassis Number permanently fixed or stamped on a substantial part of the chassis; and

• in the case of a Motor Vehicle, an Engine Number.

A vehicle manufactured on or after 1 January 1989 may only be registered or re-registered if the Registration Authority has checked the National VIN Register and confirmed:

• the VIN is present on the Register and it decodes satisfactorily; and

• the vehicle is not currently registered in another jurisdiction, unless the re-registration is in effect a conversion or transfer from that jurisdiction.

A new vehicle may be registered if its VIN is not present on the National VIN Register (or does not decode) and an inspection of the vehicle confirms the VIN. In these circumstances, the inspecting Registration Authority must request the VIN clearing house to advise the administrator of the National VIN Register of the discrepancy.

In remote areas where online access to the VIN register is not available, the vehicle may be registered, subject to a subsequent VIN register check.



2.7.2.2 Change of Vehicle Identification The Registered Operator must advise the Registration Authority of any changes of vehicle identifiers or the description of the vehicle within 14 days. The Registration Authority may require, with reasonable notice in writing, the Registered Operator to present the vehicle for inspection or testing, at a time and place specified in the notice. No later than 24 hours prior to the specified inspection time, the Registered Operator may request the Registration Authority to change the time or place of inspection. If the Registration Authority considers the request reasonable, it must inform the Registered Operator of the new time or place.

2.7.2.3 Inspections to Confirm VIN/Chassis Numbers The VIN/Chassis and Engine Number must be physically inspected and verified by an Authorised Person and recorded on the Register when the vehicle is registered. When recording these details on the Register, the Registration Authority must check that the vehicle is not recorded as stolen, wrecked or written-off.

2.7.2.4 Wrecked or Written-off Vehicles If a vehicle is recorded as wrecked or written-off, an inspection by an authorised person is required to verify the vehicle's roadworthiness, identity and any evidence of tampering, repair etc, before it may be re-registered.

2.7.3 Legislation Regulations 15 and 17 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.7.4 Data The following data items are to be recorded to provide for vehicle identification:

• Identifier Type Code; • Vehicle Identification Number; • Chassis Number; • Engine Number; • Status Code; • Make Code (or Make Description); • Model Code (or Model Description); • Primary Colour Code; • Secondary Colour Code; • Year of Manufacture; • Type Code; • Number of Doors;



• Identification Plate Date; • Body Type Code (or Body Type Description); • Seating Capacity; • Tare Kg; • Primary Motive Power Code; • Secondary Motive Power Code; • Engine Capacity Litres; • Number Driven Wheels; • Transmission Code; • Number of Cylinders; • RL Heavy Vehicle Flag; • Last Updated; and • Jurisdiction Code.


2.8 INITIAL REGISTRATION, RE-REGISTRATION OR RENEWAL

Vehicles may be registered for periods of 3, 6, or 12 months. A Registered Operator may request other registration periods to achieve a fleet common expiry date or where part year use is required.

2.8.1 Background Most registrations will be for periods of 3, 6 or 12 months. There is provision to allow the Registered Operator to align the registration to a fleet common expiry date, and for other periods associated with part year use of the vehicle. Part year registration is described in detail in clause 2.9. The Registration Authority may allow a period of registration greater than 12 months to align with a common expiry date or lease period.

2.8.2 Operation

2.8.2.1 Verification of Information The Registration Authority may request an applicant to provide evidence verifying the details on an application for Initial Registration, Re-registration, Transfer of Registration or Cancellation of Registration before the details are recorded on the Register. The Registration Authority may refuse registration until acceptable evidence is supplied.



2.8.2.2 Registration Periods and Payment of Registration Charges All payments for the selected registration period must be made in full. There is no provision for payment by instalment.

The Register will record the registration Start Date and the registration Expiry Date. The registration period ends at midnight at the end of the day shown on the registration certificate as the Expiry Date.

2.8.2.3 The Register The Register will show full records of all vehicles that were registered in the previous 24 months (at least).

2.8.2.4 Common Expiry Date Vehicles added to a Registered Operator's fleet may be registered to a common expiry date at any time during the year at a pro-rata of the annual registration charge. Pro-rata charges are to be calculated on a daily basis.

2.8.2.5 Notice for Renewal of Registration The Registration Authority may send to the Registered Operator a notice for Renewal of Registration, before the registration Expiry Date. The Registration Authority may decide the content and timing of the notice. The Regulations provide that it must be addressed to the registered operator and state that the registration will expire if the vehicle is not renewed on or before a specified date.

Failure by the Registration Authority to forward a notice for Renewal of Registration, or non-receipt of such a notice, does not affect the obligation of the Registered Operator to renew the vehicle's registration.

The Registration Authority may send a Reminder Notice to the Registered Operator if the registration charge is not paid by the Expiry Date.

2.8.2.6 Backdating of Registration Renewal If the registration is renewed, (ie the charge applicable for the registration period is paid in full) within three months after the expiry date, the vehicle's registration commences on the first day following the expiry date. This process does not retrospectively validate a period of unregistered use of the vehicle. Refer to the example in clause 2.8.2.7.

2.8.2.7 Late Renewal If a vehicle's registration is not renewed within 3 months of its expiry (or 12 months in respect of a vehicle nominated for use during part of the year only) the registration may no longer be renewed. If a vehicle’s registration is not renewed within this 3 (or 12) month period the vehicle must be Re-registered if it is to be used on the road.



In such circumstances, the Registration Authority may seize or demand the return of number plates and destroy, or demand destruction of, the registration label.

Figure 2 is an example of the application of the above requirements:

Date Comment

5 January 1997 Vehicle registered for six months

4 July 1997 Registration Expires at midnight

7 August 1997 Vehicle registration renewed for six months. New expiry date is 4 January 1998, but vehicle still considered unregistered from 5 July to actual time of renewal on 7 August

4 January 1998 Registration expires at midnight

4 April 1998 Opportunity for renewal ends at midnight.

10 April 1998 Vehicle re-registered for 12 months. New inspection etc required. Expiry date now 9 April 1999.

Figure 2: Late renewal example

2.8.3 Legislation Parts 5 and 6 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.8.4 Data Requirements The data elements associated with initial registration and renewal of registration are:

• Jurisdiction Code; • ID; • Status Code; • Status reason Code; • Start Date; • End Date; • Registered Operator POI Flag; • Vehicle Charge Code; • Plate Number; • Plate Number Type Code; • Condition Class Code(s); • Condition Value(s); • Garaging Address Flag; • Vehicle Accredited Flag; • Registered Operator Type Code; and • Last Updated.




2.9 PART YEAR REGISTRATION

A Registered Operator may request registration for a part of the year only.

2.9.1 Background The Registration Authority may approve an application by a Registered Operator for a vehicle used for part of the year only, which nominates registration for a specific period of the year only. This is called part year registration.

The registration of such vehicles may remain expired for up to 12 months before being renewed for a further nominated period. During the lapsed period the vehicle is Unregistered.

2.9.2 Operation

2.9.2.1 Approval of Period of Part Year Registration The period of part year registration sought by the applicant is subject to approval by the Registration Authority. The following criteria should be considered by the Registration Authority in determining an application for part year registration:

• The Registration Authority may, at its discretion, determine eligibility for part year registration. This approval may be restricted to a particular group of Registered Operators or to a particular vehicle type; and

• the expiry date approved should not exceed the validity period of any inspection required by the Registration Authority.

2.9.3 Legislation Regulations 19(2)(b), 26(2)(b), 26(3)(b) and 26(4)(b) of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.9.4 Data Requirements The data elements associated with initial registration and renewal of registration are detailed at clause 2.8.



2.10 REGISTRATION CERTIFICATES, LABELS AND NUMBER PLATES

If the Registration Authority registers a vehicle, the authority must issue to the Registered Operator a certificate or registration, a registration label, and number plate(s).

2.10.1 Background When a vehicle is registered, the Registration Authority must assign a distinguishing registration number to it. The registration label provides important information about the vehicle’s charging category, operating mass, and operating conditions in addition to the registration expiry date. The registration certificate also contains the Registered Operator’s name and address details and may include explanations of the operating conditions applicable to the vehicle. The Registration Authority may replace a registration certificate, label or number plate that has been lost, stolen, damaged or destroyed.

2.10.2 Operation

2.10.2.1 Registration Certificate The Registration Authority must issue a certificate of registration if all registration requirements are met by the applicant. The certificate will provide details of:

• Registered Operator;

• Address for the Service of Notices (if any);

• Garage Address;

• Registration Number;

• Make of vehicle;

• VIN or chassis/engine number if no VIN;

• Gross Vehicle Mass and (for a motor vehicle) Gross Combination Mass;

• Vehicle Charging Category; and

• Start and Expiry Dates.

Where a vehicle is subject to Conditional Registration (clause 2.11) the conditions applied to the operation of the vehicle must also be shown.

2.10.2.2 Number Plates The Registration Authority must assign a registration number to the vehicle at the time of registration. The Registered Operator will be supplied with one number plate for a trailer or two number plates for a motor vehicle, bearing that registration number.



Number plates issued to vehicles registered prior to the implementation of the National Vehicle Registration Scheme will be retained unless:

• there is a change of State/Territory in the vehicle's Garage Address;

• they are surrendered by the Registered Operator; or

• the vehicle has transferred from Federal Interstate Registration (or other Commonwealth) Scheme.

Contractual obligations in regard to Special Plates will continue to be honoured.

The Registered Operator must ensure that:

• if only one number plate is required, it is fixed securely to the rear of the vehicle; or

• if two number plates are required, one is securely fixed to the front of the vehicle and one to the rear.

The Registration Authority will ensure that the combination of the first 8 characters of a number plate, its jurisdiction and type codes are unique.

The Road Transport Reform (Heavy Vehicles Registration) Regulations provide detailed requirements in relation to the fitting, display and visibility of number plates.

2.10.2.3 Return of Number Plates The Registration Authority may seize or demand the return of number plates and destroy or demand destruction of the registration label if:

• the vehicle has been unregistered for more than 3 months (or 12 months for a vehicle nominated for use during part of the year only);

• the vehicle's registration has been cancelled;

• the vehicle is being driven when its registration is suspended;

• they are on the wrong vehicle; or

• they are false.

2.10.2.4 Registration Label The Registration Authority must issue a registration label to the Registered Operator when Initial Registration, Re-registration or Renewal of Registration is granted or where any of the vehicle's details are varied. The registration label must include:

• Registration Number;

• Make;

• Model or Body Type;

• VIN (or Chassis or Engine Number if no VIN);



• Expiry Date;

• Condition Code(s) (if any);

• Gross Vehicle Mass;

• Gross Combination Mass; and

• Vehicle Charging Category. The registration label is not valid until all fees have been paid.

A registration label issued for a trailer or vehicle without a windscreen or fixed window may be issued in a form approved by the registration authority.

The label must be fixed to the lower left corner of the front windscreen, or to any fixed window on the left hand side of the vehicle. Where a motor vehicle or trailer has no windscreen or fixed windows fitted, the label must be fixed on or adjacent to the rear number plate, without obscuring the plate.

The Registration Authority is not required to issue a label to vehicles operated by the States, Territories, the Commonwealth or their Authorities.

The month of expiry numeral must be displayed in a large font (25 mm is recommended) to assist enforcement.

2.10.2.5 Registration Label Colour The Registration Authority will ensure that the registration label conforms to the agreed colour standards relevant to the year of expiry of the registration. These standards are based on a repeating six year cycle as listed below:

Colour Purple Brown Green Orange Blue Red Years 97, 03, 09 98, 04, 10 99, 05, 11 00, 06, 12 01, 07, 13 02, 08, 14

Figure 3: Registration label colour



2.11 CONDITIONAL REGISTRATION

A vehicle may be conditionally registered to compensate for its inability to meet the Heavy Vehicles Standards Regulations.

2.11.1 Background Conditional Registration provides a mechanism for the Registration Authority to allow limited access to the road network for vehicles which do not comply with the requirements of the Heavy Vehicles Standards Regulations, but require road access to fulfil their operational tasks.

2.11.2 Operation The Registration Authority has a discretionary power to conditionally register vehicles which do not comply with the standards for registration. The purpose of conditional registration is to allow non-complying vehicles access to the road system to perform specific functions, eg agricultural machines, street sweepers, mobile cranes, forklifts and construction plant etc. There must be a legitimate need for the non-complying vehicle to access the road system under specified conditions.

Such vehicles may not have a VIN number.

The Registration Authority also has the power to continue existing arrangements for previously conditionally registered vehicles.

2.11.2.1 Operations Plates and Certificates of Approved Operations Operations Plates and/or Certificates of Approved Operations are installed/issued by manufacturers, modifiers or Registration Authorities. They indicate any deficiencies in a vehicle's operating characteristics and the corresponding conditions to be applied to its registration.

If a vehicle is modified or additional components are added, it must continue to comply with the Heavy Vehicles Standards Regulations, or the modifications must:

• be certified by an Authorised Person as complying with the National Code of Practice for Heavy Vehicle Modifications (Federal Office of Road Safety 1993); or

• be otherwise acceptable to the Registration Authority.

2.11.2.2 Registration Conditions Specified conditions which restrict or limit the use of the vehicle on the road system, should compensate for the deficiencies in the vehicle affecting its safe use. The conditions should not simply be a means of exempting vehicles from normal registration requirements, or allowing non-complying vehicles to use the public road system.



Conditional Registration for vehicles which do not meet the Heavy Vehicles Standards Regulations may apply to an individual vehicle or to particular classes of vehicles.

Standard conditions will apply to classes of vehicles which have similar performance capabilities. Conditions will be coded uniformly, recorded on the Register, the registration certificate and label. These uniform codes are set out below.

The Registration Authority may decide whether the use of unregistered vehicle permits or conditional registration is appropriate, with consideration of the stamp duty requirements in the jurisdiction.

2.11.3 National Standard Operating Conditions For Conditional Registration

2.11.3.1 Notes on Conditions A vehicle that is conditionally registered must be identified by listing the applicable codes on their certificate of registration28, and registration label.

The Registration Authority must give the Registered Operator a full written explanation of the conditions applying to the vehicle when the registration label is issued.

It is expected that most vehicles will require no more than three conditions (codes) but if there are vehicles that require more codes and there is a problem with space on the label, then the applicable main alphabetic codes (eg SL) could be shown on the label with full details recorded on the registration certificate.

Standard codes will cover the majority of requirements, with a combination of conditions applied where applicable. Brief comments on each of the general codes follows:

2.11.3.2 GO - General Operation Conditions to ensure on-road safety, some vehicles require operational limits or support, eg. a pilot vehicle, or an observer to satisfy field of view, or a heavy unbraked trailer that can only be towed satisfactorily by a heavy vehicle.

2.11.3.2.1 GO - General Operation GO1 Towing limitations (as specified).

28 The Registration Authority may wish to interpret a Certificate of Registration to include an attachment

which explains in detail the conditions imposed on the use of the vehicle by the condition codes appearing on the label or certificate.



GO2 Pilot vehicle(s) (as specified) mandatory.

GO3 Passenger /observer required.

GO4 Escort with authority to direct traffic required.

GO5 Use only when required and by the shortest suitable routes between depots and work sites.

GO6 Crash attenuation fixtures (as specified) to be maintained on the vehicle.

GO7 Potentially hazardous projections to be covered by rigid material (eg by metal cage) when travelling or standing on any highway.

GO8 Only to be driven on any highway when unladen.

2.11.3.3 LO - Location of Use Limitation These conditions are to cover units that need to be used in special areas including remote areas (LO3); construction zones, snowfields etc. (LO1); and national parks (LO2). Each jurisdiction would define the permitted or excluded areas and any unique location related requirements.

2.11.3.3.1 LO - Location Limitation LO1 Not to be used on the formed portion of any roadway except

when crossing.

LO2 Excluded from built up areas, ie. where 60 km/h or lower speed zones apply.

LO3 Restricted to designated area/routes.

LO4 Not to be left standing on the paved part of any highway.

LO5 Only to be used on a highway within a defined (signed) work area or construction zone and to be transported by float (not driven) between sites.

2.11.3.4 OL - Registered Operator Limitations Some special vehicles, by their nature (eg fire tenders with heavy front axles) should only be operated by particular Registered Operators and should be re-assessed before possible transfer to another Registered Operator.

2.11.3.4.1 OL - Registered Operator Limitations OL1 Registration cannot be automatically transferred.

OL2 Conditions only apply to current Registered Operator.

OL3 The registered operator must be a member of an authorised motoring club and the vehicle must only be used in conjunction with an authorised club event.



2.11.3.5 OM & OS - Mass and/or Dimension Notice or Permit Rather than operate under an unregistered vehicle permit, where possible vehicles that are over-dimensional by design are to be conditionally registered and then operated under the relevant Notice or Permit arrangements.

2.11.3.5.1 OM - Over Mass OM1 Not to be driven over or used on any bridge or culvert.

OM2 Only to be used in accordance with the relevant Notice(s) as published under the Road Transport Reform (Oversize and Overmass) Regulations, 1995 by the responsible jurisdiction.

OM3 Only to be used in accordance with route specific permits issued to the vehicle operator by the responsible jurisdiction.

2.11.3.5.2 OS - Over Size OS1 Only to be used in accordance with the relevant Notice(s) as

published under the Road Transport Reform (Oversize and Overmass) Regulations, 1995 by the responsible jurisdiction.

OS2 Only to be used in accordance with route specific permits issued to the vehicle operator by the responsible jurisdiction.

2.11.3.6 SL - Signs and Lights Units that are over-dimensional, particularly for length and/or width, need special visible treatment to alert other road users. Special delineation is typically required for mobile crane booms, lift forks, mulchers, elevators, etc, that would otherwise be hazardous due to their poor conspicuity.

2.11.3.6.1 SL - Signs and Lights (Conspicuity) SL1 Special lamps lit during specified use only, ie. when the vehicle is

an unusual hazard.

SL2 Special delineation of protrusions by way of lamps, signs, marking boards or reflectors required.

SL3 Delineation of over width or over length extremities, eg by stripes in contrasting colours.

SL4 Special lamps (as specified) for travel between sunset and sunrise.

SL5 'Slow vehicle' sign.

SL6 'Left hand drive' or 'dual control' sign.

2.11.3.7 S - Speed Limitation For some machines, ranging from large construction equipment to three wheeled motorcycles, braking, steering and stability are of concern. One



way of accepting these for road use is to apply speed limitations (engine governing). The onus for setting the maximum safe operating speed rests with the vehicle manufacturer. Speed limitation requirements are to be specified down to the nearest ten kilometres per hour, eg 50, 60, or 70 km/hr.

2.11.3.7.1 S - Speed Limited S Governed to maximum speed as specified, (eg S30, S50.)

S Maximum speed specified when towed (eg S30).

2.11.3.8 TR - Time of Day Restrictions Time of day restrictions could apply to units where complying lighting is impractical, for example special purpose machinery for road maintenance, or overwidth cranes or mulching machines which could comply in every other aspect.

2.11.3.8.1 TR - Time (of Day) Restrictions TR1 Not to travel during darkness or poor visibility.

TR2 Not to travel on any road when Clearway conditions apply.

2.11.4 Legislation Regulation 22 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.11.5 Data The data requirements and Standard Condition Codes for conditional registration are set out in clause 2.11.3.

Examples of the application of these conditions are contained in Schedule 4.

2.12 CHANGE OF ADDRESS

The Registered Operator is required to notify the Registration Authority of a change of Garage Address, Residential Address, or Address for the Service of Notices within 14 days.

2.12.1 Background The effective operation of the National Heavy Vehicle Registration Scheme depends on the quality and accuracy of recorded data. It is, therefore, imperative that changes of address are promptly notified to the Registration Authority.



2.12.2 Operation Where a change of Garage Address involves a change of State/Territory, the Registered Operator must cancel the registration and re-register the vehicle in the new State/Territory. Any cancellation refunds due will be forwarded to the Registered Operator by the former State/Territory of registration.

2.12.3 Legislation Regulation 23(1) of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.12.4 Data The data elements associated with change of address are:

• Date of Change

2.13 TRANSFER OF REGISTRATION

A person who acquires, or the agent of a person who acquires, a registered vehicle must advise the Registration Authority within 14 days of acquisition of the vehicle.

2.13.1 Background The responsibility for transferring registration rests with the acquirer. The disposer of the vehicle must provide to the acquirer a completed and signed transfer application.

The disposer may also notify the Registration Authority of the disposal of the vehicle. This provision provides protection to the disposer in relation to traffic and parking offences.

2.13.2 Operation

2.13.2.1 Application for Transfer An application for Transfer of Registration must be completed and signed by both the disposer and the acquirer of the vehicle. The acquirer is responsible for lodging the application, the prescribed transfer fee and any other charges or requirements (such as stamp duty and roadworthiness inspection certification). The Register will record the Date of Acquisition.

Where the identity of the acquirer has not been established on the register the Registration Authority may require the acquirer to prove his or her identity in accordance with Part 3.



2.13.2.2 Notice of disposal The disposer of the vehicle may advise the Registration Authority that the vehicle has been disposed of and provide the name of the acquirer. The Registration Authority may record and act on this advice, pending the receipt of the application for transfer.

2.13.2.3 Late Transfer A penalty may be imposed on the acquirer for failure to notify transfer if an application for transfer is not lodged within 14 days of the acquisition date.

The Registration Authority may charge an administrative fee associated with the late transfer of a vehicle.

2.13.2.4 Repossession and Restoration An advice for repossession and/or restoration must be submitted by security interest holders to the Registration Authority not more than 14 days from the date of the repossession or restoration.

2.13.2.5 Refusal to Transfer The Registration Authority may refuse to transfer a vehicle’s registration if:

• the vehicle is subject to a defect notice which prohibits or imposes conditions its use on the road or a defect notice has not been cleared;

• the vehicle has been registered with a condition prohibiting transfer;

• the transfer, roadworthiness or inspection requirements have not been met;

• the Registration Authority believes that the ownership, possession, control or description of the vehicle is uncertain; or

• the Registration Authority would refuse an application for initial registration.

The Registration Authority must refuse to transfer registration where a Court Order prohibits the transfer.

The Registration Authority may also apply constraints or conditions in relation to the transfer of a conditionally registered vehicle.

2.13.3 Legislation Regulations 27, 28, 29, and 30 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.



2.13.4 Data The data elements associated with transfer of registration are:

• Date of Transfer; and • Late Transfer Administrative Fee (if charged).

2.14 SURRENDER OF REGISTRATION ON APPLICATION BY THE REGISTERED OPERATOR

Registration may be surrendered upon application by the Registered Operator or an Agent.

2.14.1 Background The registration of a vehicle may be surrendered by the Registered Operator. In such circumstances the Registered Operator is entitled to a pro-rata refund of the remaining registration.

2.14.2 Operation The Registration Authority must cancel the registration of a vehicle upon application by the Registered Operator or his or her Agent (subject to EOI), provided that the Registration Authority is not taking action to suspend or cancel the registration as a sanction.

The Registered Operator must provide a signed statement that the registration label for the vehicle has been destroyed.

2.14.2.1 Surrender of Registration Certificate and Number Plates The Registration Authority may require the Registered Operator to return the registration certificate or number plates. The Registration Authority may require evidence, such as a police report or the provision of a signed statement by the Registered Operator prior to waiving these requirements.

If special number plates have been issued in respect of the vehicle these plates may be retained by the Registered Operator (in those jurisdictions where this is permitted) or by the Registration Authority.

2.14.2.2 Refund of Unused Registration Charges The Registration Authority must make a partial pro-rata refund (based on a daily calculation less any applicable cancellation fee and other unpaid fees) of the unexpired part of the registration, according to the formula:

number of days x annual charge

365



The following calculation illustrates the method prescribed for the determination of the refund due.

1996/97 Annual Registration Charge $1000 Renewal Administration Fee $20 6 Month Surcharge $30 Cancellation Admin Fee $40 1997/98 Annual Registration Charge $1100 (next charge due if registration not cancelled)

1. Registration renewed on 15 May 1997, expiring 14 November (6 months): Charge: 1000/2 + 20 + 30 = $550

2.Registration cancelled 8 August 1997: Clear Days Remaining: (14 Nov - 9 Aug) = 97 days Refund: (1000 x 97/365) - 40 = $225.75

Note that the calculation is based on annual charge applicable at time of registration. Administrative fees and/or surcharges paid at the time of registration or renewal of registration are not included in the refund calculation. A cancellation administrative fee may also be deducted from the amount of the refund due.

Figure 4: Method for determination of refund

2.14.2.3 Wrecked or Written-off Vehicles The Registered Operator, his or her Agent or insurer must notify the Registration Authority when a vehicle has been destroyed or declared a write-off.

If a vehicle recorded as written-off is subsequently presented for Re-registration, the Registration Authority may require a report by an Authorised Person, certifying that the vehicle meets the standards for initial registration.


2.14.4 Data The data elements associated with surrender of registration are:

• Date of Surrender; • Refund Paid; • Recipient of Refund; and • Wrecked/Written of Vehicle Flag.




2.15 SUSPENSION OR CANCELLATION OF REGISTRATION BY THE REGISTRATION AUTHORITY

The Registration Authority may suspend or cancel registration for reasons such as non-compliance with registration or transfer requirements or non-payment of fines imposed on the Registered Operator of the vehicle.

2.15.1 Background The Road Transport Reform (Heavy Vehicles Registration) Regulations provide wide ranging powers to the Registration Authority in relation to the suspension or cancellation of a registration.

2.15.2 Operation

2.15.2.1 Terminology The terms Suspension and Cancellation have separate and specific meanings. A Suspended registration may be reinstated, whereas Cancellation of a registration will require the vehicle to be Re-registered before it may be used on a road.

2.15.2.2 Late Renewal If a vehicle's registration is not renewed by the Registered Operator within 3 months of its expiry (or 12 months in respect of a vehicle nominated for use during part of the year only) the registration will lapse and the Registration Authority may require the return of the registration plates. This means that the registration assumes a “cancelled” status without separate cancellation action by the Registration Authority. The vehicle must then be Re-registered if it is to be again used on the Road. The Registration Authority may seize or demand the return of number plates and destroy or demand destruction of the registration label.

2.15.2.3 Circumstances allowing Suspension or Cancellation The Registration Authority may initiate Suspension and Cancellation in the following circumstances:

• A Vehicle Defect Notice relating to the vehicle has not been complied with by the compliance date specified in the notice; or

• The vehicle does not comply with the Road Transport Reform (Heavy Vehicles Standards) Regulations 1995, or

• The appropriate registration, CTPI or Stamp Duty charges have not been paid in total or in part; or

• a non-cash payment has been dishonoured; or

• a penalty imposed on the Registered Operator in respect to the operation of the vehicle is unpaid; or



• The Registered Operator has not complied with a court order in relation to the payment by instalments of a penalty imposed in relation to the operation of the vehicle; or

• the vehicle has been destroyed or damaged beyond repair; or

• the Registration Authority believes that the ownership, possession, control or description of the vehicle is uncertain.

2.15.2.4 Method of Effecting Suspension or Cancellation A registration cannot be cancelled unless it is first suspended, except where the registration is surrendered by the Registered Operator.

Where registration is obtained fraudulently, it is of no effect, and the Registration Authority may delete the record, without the need to invoke the suspension and cancellation procedures.

The Registration Authority must serve a notice of intention to suspend (or cancel) on the Registered Operator advising:

• the reason for the suspension or cancellation; and

• that if the specified requirements are not met within the specified period (14 days for cancellation), the registration will be suspended (or cancelled).

A flow chart depicting the Suspension and Cancellation processes is attached to this section.

2.15.2.5 Application for Review by an Affected Person An applicant for registration of a heavy vehicle or the Registered Operator of a heavy vehicle (affected person) may apply in writing to the Registration Authority for an internal review of the Registration Authority’s decision to refuse to register, or suspend or cancel the registration of a vehicle. Such an application must precede any application for external review made to a Magistrate’s Court or Administrative Appeals Tribunal. The grounds for internal review are set out in Regulation 36(1) of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.15.2.6 Refund of Unused Registration Charges The legislation makes no provision for the refund of any of the unused portion of the registration charge where the Registration Authority invokes suspension or cancellation of a registration29. A refund is available where the registration is surrendered by the Registered Operator.

29 A Registration Authority may wish to use ‘ex gratia’ or similar payment options in circumstances

where it considers that a refund is appropriate.



2.15.3 Legislation Regulations 33, 34, 35, 36 and 37 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.15.4 Data The data elements associated with surrender and cancellation of registration are:

• Date of Suspension; • Date of Cancellation; • Refund Paid (if any); and • Plate Surrender Date.



2.15.5 Registration Suspension and Cancellation Flow Chart

Figure 5: Registration cancellation/suspension flow chart

Registration Authority Decision to Suspend or Cancel Registration

Is Registration Suspended?

Decision to Suspend Registration No

Serve Notice incl reason, action to prevent, specified date when suspension commences and advise right of internal/external review

Suspension Date Passed?

No

Required Action by Reg Oper complete ?

Suspend Registration

No Suspension

of Registration

Yes

Reason still Exists ?

Yes

RemoveSuspension No

Serve Notice Confirm supension, incl reason, action to remove, specified date

when 14 day deadline for cancelation starts and advise right

of internal/external review

Yes

14 Days after specified date ?

No

Required Action by Reg Oper Complete ?

Yes

Yes

Cancel Registration

No

Yes



2.16 VISITING VEHICLES

A vehicle registered in another State or Territory, or in a foreign country, may be used temporarily in a jurisdiction.

2.16.1 Background A vehicle registered in a particular State or Territory may need to operate temporarily in a different jurisdiction. This section provides guidance on the treatment of such vehicles.

2.16.2 Operation This provision is based on temporary use in another jurisdiction and that the jurisdiction in which the principal base of operations (garage address) of the vehicle is located should continue to receive the registration revenue.

2.16.2.1 Determination of Visiting Status The following criteria will assist in determining the temporary or other status of a vehicle registered in another jurisdiction:

• Can Garage Address be established in new jurisdiction?

Yes Not entitled to visiting vehicle privileges

Registration required

No Treat as visiting vehicle No action

• Has the vehicle been a visitor in the new jurisdiction for three months?

Yes Probable that the vehicle is not temporarily in jurisdiction

Registration required

No Vehicle may be temporarily in jurisdiction

No action

• Is the transfer of the Registered Operator to the new jurisdiction “permanent”, ie can the Registered Operator demonstrate residency in terms of entitlement to a driver licence in the new jurisdiction? Yes Probable that the vehicle is not

temporarily in jurisdiction Registration required

No Vehicle may be temporarily in jurisdiction

No action

2.16.2.2 Overseas Vehicles Overseas visiting vehicles are entitled to visiting vehicle privileges. These privileges are subject to the following conditions:

• The vehicle is registered overseas in the country of residence of the owner;



• The appropriate overseas number plates are displayed on the vehicle;

• The owner is an overseas resident and is able to produce the appropriate certificate of registration, driver licence and carnet30, triptych31 or evidence of a Custom’s Bond32; and

• Evidence of adequate CTPI is produced.


2.16.4 Data Requirements No data requirements are associated with visiting vehicles.

2.17 SHORT TERM UNREGISTERED VEHICLE PERMITS

A short term Unregistered Vehicle Permit is issued by the Registration Authority where it would be unreasonable or impracticable to require the vehicle to be registered during the period of the permit.

2.17.1 Background Short term unregistered vehicle permits provide temporary road access and ensure that CTPI exists for vehicles in circumstances where it is unreasonable or impracticable to require registration.

2.17.2 Operation

2.17.2.1 Reasons for Issue Short term unregistered vehicle permits may be issued where:

(a) it would be unreasonable or impracticable to require the vehicle to be registered during the period of the permit; or

(b) the vehicle has presented at the Registration Authority for the purpose of registration, but registration has been refused. The issue of an unregistered vehicle permit will depend on the reason for

30 A Carnet is a document issued by international convention which establishes the traveller as a

bona-fide visitor in the eyes of the Customs Departments of all member countries. The Carnet consists of a book of coupons, one of which is extracted by each country. The presentation of a Carnet exempts the visitor from the payment of stamp duty.

31 A Triptych or customs pass is similar to a Carnet in its function, but is issued for one "trip" only. Where the vehicle is landed on a Triptych the client may have no documentation as the triptych is usually held by the Customs Department. The Registration Authority should contact the Customs Department to verify the existence of the triptych if no other evidence is presented.

32 Where a client has neither a Carnet nor a Triptych a Customs Bond is to be lodged with the Customs Department. The Registration Authority should contact the Customs Department to verify the existence of the bond if no evidence is presented.



refusal of registration, eg unsafe or stolen vehicles must not be issued with a permit.

Permits limit the use of the vehicle to journeys necessary for the purpose for which the permit was issued. This may include journeys to effect repairs or modifications, relocate an unregistered vehicle, participate in a procession, or allow construction plant to enter or cross a road etc, for which the Registration Authority considers registration would be unreasonable or impracticable.

It is expected that the interpretation of “unreasonable or impracticable to require registration” would not, in normal circumstances, permit a vehicle to carry a load for hire or reward.

The permit may impose operating conditions on the use of the vehicle.

The Registration Authority must record the issue of the permit including details of conditions applied, and assign a temporary identification number to the vehicle.

The holder of the permit is required to display the permit and identification number while the vehicle is used on the road. The permit must be securely fixed in a prominent place on the vehicle.

2.17.2.2 Duration of Unregistered Vehicle Permits Short term unregistered vehicle permits should be issued for the minimum period necessary. Circumstances such as the movement of an unregistered vehicle interstate may require a permit of 28 days (or longer in exceptional circumstances).

2.17.2.3 Compulsory Third Party Insurance The issue of a short term unregistered vehicle permit is subject to the vehicle being covered by appropriate CTPI in the State/Territory of issue.

2.17.2.4 Vehicle to be Operated in a Safe Condition The Road Transport Reform (Heavy Vehicles Standards) Regulations, 1995 require the vehicle operator and/or the driver to ensure that a vehicle operating under an unregistered vehicle permit is maintained in a safe condition when being used on a road.


2.17.4 Data The data elements associated with unregistered vehicle permits are: • Date of issue; • Commencement Date;



• Expiry Date; • Plate Number; • VIN/Chassis Number; and • Engine Number.

2.18 FINES AND PENALTIES

Fines and penalties may be imposed for offences relating to non-compliance with registration requirements in any State or Territory.

2.18.1 Background The Road Transport Reform (Heavy Vehicles Registration) Act, 1997 and Regulations provide uniform maximum penalties which a Court may impose for offences committed by the driver and/or Registered Operator of a heavy vehicle.

Fines and penalties will also be considered in the development of Compliance and Enforcement legislation being prepared by the National Road Transport Commission. This legislation will assist with a consistent approach to enforcement across all the road transport law, and provide for infringement notice fine levels.

2.18.2 Registration Offences

2.18.2.1 The Road Transport Reform (Heavy Vehicles Registration) Act, 1997 The Road Transport Reform (Heavy Vehicles Registration) Act, 1997 provides for a number of offences in relation to the registration of heavy vehicles. In particular offences and penalties are provided for:

• Use of an Unregistered Vehicle.

• Obtaining registration by false statements.

• Possession of device, plate or document obtained by false statements.

• Use of a vehicle contrary to conditions or prohibition.

• Failure of Registered Operator to meet obligations in relation to: - installation and/or display of devices, plates and documents - carriage of documents prescribed by regulations - production of such documents - compliance with directions and conditions in relation to the

vehicle registration - maintenance of records in relation to the registration of the

vehicle.



2.18.2.2 Road Transport Reform (Heavy Vehicles Registration) Regulations The Road Transport Reform (Heavy Vehicles Registration) Regulations also provide for a number of offences in relation to the registration of heavy vehicles. In particular offences and penalties are provided for:

• Use, or permitting the use, of a conditionally registered vehicle not in accordance with the conditions.

• Use, or permitting the use, of a vehicle in breach of condition(s) imposed by a defect notice.

• Use, or permitting the use, of a vehicle while the registration is suspended.

• Use without number plates affixed and displayed in accordance with regulations (driver and Registered Operator).

• Incorrect number plate affixed to the vehicle (driver and Registered Operator).

• Number plate obscured, altered, defaced, or otherwise not legible, not displayed or incorrectly displayed (driver and Registered Operator).

• Registration label obscured, altered, defaced, or otherwise not legible, not displayed or incorrectly displayed (driver and Registered Operator).

• Altered or false number plate or registration label (driver and Registered Operator).

• Failure to return number plates or registration certificate.

• Failure to notify:

- change of address;

- change of name or other details;

- destroyed or written-off vehicle;

- notify of alternation or modification of vehicle;

- transfer of the vehicle and comply with transfer requirements; and

- Misrepresentation of information or providing false or misleading information.

2.18.2.3 Recovery of Unpaid Charges and Fees The Road Transport Reform (Heavy Vehicles Registration) Act, 1997 provides for unpaid registration charges and fees to be recovered as a debt due to the Registration Authority.

2.18.3 Legislation The following legislation is relevant in relation to registration offences:



• Road Transport Reform (Heavy Vehicles Registration) Act, 1997; and

• Road Transport Reform (Heavy Vehicles Registration) Regulations

2.19 REGISTRATION FEES AND CHARGES

Payment of the prescribed fees and charges is a requirement for registration.

2.19.1 Background Registration Charges for heavy vehicles are prescribed by the Road Transport Charges (Australian Capital Territory) Act 1993. This Act contains a schedule of vehicle types against which various charges are levied.

2.19.2 Operation The data requirements for Initial Registration and Vehicle Identification ensure that adequate information is recorded about a heavy vehicle to allow determination of the appropriate Vehicle Charging Category.

2.19.2.1 Nominated Use Provisions Rigid trucks are registered as either individual vehicles or as towing vehicles, as nominated by the Registered Operator, to enable calculation of charges.

If the vehicle’s configuration changes and makes it liable for a different charge, the registered operator must notify the authority and pay any additional charge that may apply.

2.19.2.2 Fees to be paid in advance A vehicle is not to be Initially Registered or Re-registered unless registration fees and charges are fully paid in advance for the selected period of registration.

2.19.2.3 Administrative Fees The cost of a registration transaction and the cost of number plates are administrative fees. Registration charges for three or six monthly renewals are calculated on a pro-rata basis from the corresponding annual charges. An administrative fee to recover the additional renewal and financial costs may also be charged.

Administrative fees for a transfer transaction, replacement number plates, replacement labels and certificates, information requests etc may be charged. Such administrative fees are based on the cost of providing the service in each State/Territory.



Administrative fees will not be refunded on Surrender of Registration. An administrative cancellation fee may be charged.

2.19.2.4 Dishonoured Payments If a non-cash payment, submitted to the Registration Authority or its agent as payment of registration fees and charges on Initial Registration, Re-registration, Renewal of Registration or Transfer of Registration is dishonoured, the registration of the vehicle may be suspended and cancelled by the Registration Authority, in accordance with the procedures detailed in clause 2.15.

2.19.2.5 Refunds Refunds on surrender of registration will only be made when the full requirements for voluntary surrender are satisfied. The calculation of a refund of pro-rata registration charges will be made on a daily basis from the date on which the Registration Authority approves the surrender.

Refunds may also be applicable where a change in vehicle configuration occurs.

2.19.2.6 Cancellation or Suspension of Registration by the Registration Authority The legislation makes no provision for the refund of the unused portion of the registration charge or any administrative fees where a registration is cancelled or suspended at the instigation of the Registration Authority33.

2.19.3 Legislation Road Transport Charges (Australian Capital Territory) Act 1993.

Regulations 32(5) and 47 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.19.4 Data The Registration Authority will record the following data items in relation to registration charges and administrative fees:

• Date of Registration; • Date of Renewal; • Fee Code; • Registration Charge Paid; • Administrative Fee Paid; • Expiry Date; and • Date Renewal Notice Posted.

33 A Registration Authority may wish to use ‘ex gratia’ or similar payment options in circumstances where it considers that a refund is appropriate.




2.20 VEHICLE INSURANCE

A vehicle must have approved Third Party Personal Injury Insurance cover to be registered.

2.20.1 Background Any vehicle used on the road system must be covered by Third Party Personal Injury Insurance, referred to as Compulsory Third Party Insurance (CTPI). CTPI ensures that a person injured as a result of the use of a motor vehicle has a substantial source from which medical costs, etc are paid. The nature of these arrangements vary from jurisdiction to jurisdiction.

2.20.2 Operation Evidence of CTPI cover under an approved insurance scheme for the entire registration period is required before the vehicle may be registered. The serial number (or name of insurance provider) of any Document of Insurance. The following information must be recorded the Register:

• start date and expiry date of the current policy; and

• name of insurance provider (if appropriate).

2.20.3 Legislation Regulation 7(1)(b) of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

2.20.4 Data Data requirements in relation to CTPI vary from jurisdiction to jurisdiction.

2.21 STAMP DUTY AND OTHER TAXES

The National Heavy Vehicle Registration Scheme does not affect State/Territory requirements with respect to stamp duty and other taxes.

2.21.1 Background States/Territories require the payment of Stamp Duty and similar taxes on the initial registration of a vehicle and the subsequent transfer of vehicle registration. Such taxes are usually based on the value of the



vehicle. Where CTPI is collected by the Registration Authority there may also be a requirement to collect Insurance Stamp Duty.

2.21.2 Operation Stamp duty and other taxes will be charged and payable in accordance with the requirements of each State or Territory. The amount and type of Stamp Duty(s) Paid may be recorded on the Register.

2.21.3 Legislation Stamp Duty legislation varies from jurisdiction to jurisdiction.

2.21.4 Data Data requirements in relation to the collection of Stamp Duty and similar taxes varies from jurisdiction to jurisdiction.

Administrative Guidelines: National Driver Licensing & Heavy Vehicle Registration Schemes

Part 3 Minimum Evidence of Identity Requirements Page 1

3 PART 3 – MINIMUM EVIDENCE OF IDENTITY REQUIREMENTS


3.1.1 Description and Purpose The aim of administrative guidelines is to ensure that, as far as practicable, national road transport reforms are implemented consistently across varying local conditions and by different administrators. This Part seeks to ensure that the requirements for establishing a person’s identity for vehicle registration and driver licensing purposes are consistent throughout Australia and are uniformly applied to applicants for driver licences or vehicle registration. This guideline replaces the August 1999 NRTC Proof of Identity Administrative Guideline and is based on the draft proposed Commonwealth 2002 framework for Proof of Identity.

3.1.2 Objectives and Necessity The need for an administrative guideline was identified by road authorities during the development of the national schemes for driver licensing and heavy vehicle registration. A consistent approach is necessary to ensure that all jurisdictions can be confident that a person has complied with the same Evidence of Identity requirements regardless of where a licence or registration was obtained. This will provide added assurance that licence or registration documents subsequently issued are bona fide.

A primary element of the national driver licensing scheme is that a driver must provide conclusive evidence of his or her identity. A licence issued for a fictitious or assumed identity can be used to evade sanctions or commit more general fraud in respect of financial and other transactions or to facilitate other illegal activities.

The importance of providing evidence of residence has also increased, as national legislation requires a person to apply for a driver licence or vehicle registration in the State or Territory that he or she resides in, or where the vehicle is garaged. In the past, the need to post a photographic licence to the holder provided some certainty that the applicant’s address was bona fide. Newly introduced technology enabling immediate issue of a licence places a greater emphasis on verifying an applicant’s address.

Unless Evidence of Identity requirements are applied in a consistent manner, there is potential for registration and driver licence documents to


Page 2 Minimum Evidence of Identity Requirements Part 3

be obtained and used for fraudulent purposes. In addition, objectives such as the driver licensing “one driver-one licence”, and registration within the State/Territory of a vehicle’s garage address will be compromised. Use of this guideline should facilitate consistent application of Evidence of Identity requirements and ensure the objectives of the national driver licensing and vehicle registration schemes are met.

3.1.3 Identification of Alternatives An alternative would be to allow each jurisdiction to produce its own

guideline, or continue to use the National Heavy Vehicle Driver Licence (NHVDL) Proof of Identity requirements. However, since the introduction of the NHVDL, some differences in the application of the requirements have arisen between jurisdictions, relating to:

• when Evidence of Identity is demanded; and

• how stringently the requirements are applied.

Another alternative would be to adopt a “points system” similar to that used by financial institutions. However, registration and licensing authorities generally view such systems as being administratively cumbersome and less stringent than the processes outlined in this guideline.

3.1.4 Consultation with Affected Parties A set of Proof of Identity requirements was formulated and endorsed by

Austroads in 1994, and resulted in Administrative Guideline: Proof of Identity Requirements (August 1999) ISBN 0 642 54443 3. Following consultation with Commonwealth, and State and Territory agencies, the formula was updated in line with current community and Government objectives for this 2005 version.

3.1.5 Impact By adhering to this Part, a jurisdiction will have some assurance that

driver licence and vehicle registration documents obtained in other States/Territories are issued in accordance with the same Evidence of Identity requirements as its own. It will add more rigour to the integrity of driver licence and vehicle registration databases.

3.1.6 Summary This guideline details the basic transaction types that must be

accompanied by Evidence of Identity. It also provides lists of the acceptable forms of documentation for each level of Evidence of Identity.



3.1.7 Implementation Under the hierarchy of administrative guidelines approved by Transport

Ministers in June 1998, this Part can be categorised as Type 1. It contains administrative detail essential to the consistent application of the national driver licensing and vehicle registration reforms. Approval by the Australian Transport Council would only be required for this type of guideline if the Commission is unable to gain the unanimous support of Transport Agency Chief Executives.

This guideline will be used to assist in the preparation of customer services manuals by authorities and their agents that deal with the issue of driver licences and vehicle registrations.



3.2 WHEN EVIDENCE OF IDENTITY IS REQUIRED

Figure 6: When evidence of identity is required

REGISTRATION Issue of registration (other than renewal)

• a natural person: the registered operator’s Full Evidence of Identity must be established if not on the system. Otherwise Australian photo driver licence is sufficient.

• a corporate entity must provide its Australian Company Number. Other Bodies Corporate must supply official Evidence of Incorporation.

Issue of registration to an agent • on behalf of a person established as a registered operator, or a body

corporate: the agent must provide Full Evidence of Identity and an authorisation from the

registered operator. • on behalf of a person not established as a registered operator: if the authority wishes to accept an agent’s application for registration for a

person who is not established on the register, agent authorisation and Full Evidence of Identity of the agent and registered operator should be provided.

Transfer of registration Full Evidence of Identity must be provided by the acquirer applying to become the registered operator of the vehicle if not already a client on the system. Transfer lodged by mail: If the authority accepts transfer applications by mail, the driver licence number or Australian Company Number (CAN) or Incorporation Certificate number of the acquiring registered operator must be noted on the application for transfer.

DRIVER LICENCE Issue/Duplicate

must provide Full Evidence of Identity: • for first ever issue of a licence; or • if unable to provide their licence (if portrait and signature not digitally stored).

Renewal/Replacement must: • provide their photo driver licence; or • have portrait and signature already digitally stored; or • need to provide Full Evidence of Identity

IN EVERY CASE TO ESTABLISH A FIRST TIME CLIENT Full Evidence of Identity is required for any client not already on the system for Licensing or Registration transactions (whichever transaction occurs first)

Registration transactions may also require evidence of the vehicle’s garage address.

Refer to clause 3.4.4.



3.3 TYPES OF EVIDENCE OF IDENTITY

3.3.1 For Individuals

Figure 7: Types of Evidence of Identity

where applicable Evidence of

CHANGE OF NAME

CATEGORY B

Evidence of Use of that Identity in the Community

CATEGORY A

Evidence of Existence and Linkage between

Identity and the Applicant.

where applicable

Evidence of VEHICLE’S GARAGE

ADDRESS

for some registration transactions

where not supplied on Category A or B document

Evidence of

APPLICANT'SADDRESS

Full Evidence of Identity, when required, means a minimum of three documents must be produced.

There must be at least one document from each of Category A and B.

A person’s signature must be provided on at least one piece of Evidence of Identity documentation. A person's date of birth must be shown on at least one piece of Evidence of Identity documentation.

If none of the produced documents establish a current relevant address, a fourth document showing address is required.



3.3.2 For Bodies Corporate

Evidence of Identity for Bodies Corporate requires only: • the relevant certificate of incorporation (including ACN if

applicable); and

• evidence of the relevant premises address; and

• vehicle's garage address (if different from body corporate address).



3.4 ACCEPTABLE EVIDENCE OF IDENTITY (INDIVIDUALS)

3.4.1 Category A – Evidence of Existence and Linkage between Identity and the Applicant

CATEGORY A DOCUMENTS

Australian Birth Certificate bearing both a registration and a certificate number (not a Commemorative Certificate) (If the Certificate is not in the name currently used - appropriate linking documentation will be required - see Evidence of Change of Name.)

Australian Citizenship Certificate or Naturalisation Certificate

Australian Passport (expired up to 2 years)

Overseas Passport (expired up to 2 years if accompanied by a current Australian Visa)

Department of Immigration and Multicultural and Indigenous Affairs travel document (valid up to 5 years after issue)

Department of Immigration and Multicultural and Indigenous Affairs Certificate of Evidence of Resident Status

Australian Photo Driver Licence (expired up to 2 years)

Portrait and signature stored on licensing authority data base

Australian Defence Force Photo Identity Card (excluding civilians)

Police Officer Photo Identity Card (from issuing jurisdiction only)

Each jurisdiction can accept other photo identification issued by:

• its own driver licensing authority; or • other agencies or organisations approved by the licensing authority;

provided that the photo identification is issued to the licensing Evidence of Identity (EoI) standard and with same security features (expired up to 2 years)

Figure 8: Category "A" Documents

All documents must be original (no photocopies) and unless otherwise stated, must be current (not expired). Documents not written in English are required to be accompanied by an English translation from an accredited translator.



3.4.2 Category B – Evidence of Use of identity

CATEGORY B DOCUMENTS

Medicare Card

Plastic Financial Institution Card with signature and embossed name

Student Identity Document (with photo and/or signature) issued by educational Institution

Department of Veterans' Affairs / Centrelink Pensioner Concession Card

Australian-issued Security Guard / Crowd Controller Licence (with photo)

Australian-issued Firearm Licence (with photo)

Figure 9: Category "B: Documents

3.4.3 Evidence of Residential Address

DOCUMENT

Contract of Purchase, Current Lease or Rental Document for relevant premises

Vehicle Registration Certificate (current)

Driver Licence or Vehicle Registration Renewal Notice for coming period

Council Rate Notice (current)

Land Tax Valuation Notice (current)

Australian Taxation Office Assessment (last or current financial year) Figure 10: Evidence of residential address

All documents must be original (no photocopies) and unless otherwise stated, must be current (not expired).

If not ALREADY ESTABLISHED BY a Category A or Category B Document



3.4.4 Evidence of Garage Address (as per the NRTC Administrative Guideline: National Heavy Vehicle Registration Scheme 1998).

In order to determine a vehicle's Garage Address the Registration Authority may require the production of one or more of the following relating to the relevant premises:

DOCUMENT

Certificate of Title

Lease or Rental Agreement (current)

Taxation Assessment Notice in relation to the premises (last or current year)


Utility Accounts relating to the street address (Gas, Electricity, Phone, Water)

Figure 11: Evidence of garage address

Where the Residential Address and the Garage Address are identical, the Registration Authority may waive the requirement to produce the above documentation if it is satisfied, as a result of other or previous evidence, that the Residential Address is the vehicle’s Garage Address.

3.4.5 Evidence of Change of Name

DOCUMENT Full Evidence of Identity in current or former name

AND one of the following (where applicable):

Marriage Certificate issued by Registrar of Births Deaths and Marriages (Commemorative Certificates are not acceptable)

Change of Name Registration with Births Deaths and Marriages Registry

Deed Poll (to prove name change) registered with relevant authority

Divorce Decree Nisi or Absolute (indicating the name being reverted to)

Figure 12: Evidence of change of name

All documents must be original (not photocopied)



Where an Australian driver licence only exists in the former name, and the client was born in Australia, a Births Deaths and Marriages issued document linking the former and current names is required.

In the event that the person was born overseas or changed their name overseas and cannot obtain a Births Deaths and Marriages name change document, an overseas marriage certificate is acceptable as a linking document only when accompanied by Category A & B documents in the current name.

3.5 ACCEPTABLE EVIDENCE OF IDENTITY (BODIES CORPORATE)

Table 9: Accepted EOI Bodies Corporate

Type of organisation Evidence required Name of Act Issued by

Companies Certificate of Registration, with ACN, OR a current Extract of the Company, with ACN, OR Certificate of Registration of a Foreign Company, with Australian Registered Body Number

Corporations Law

Australian Securities and Investment Commission (ASIC)

Government Authorities: Agencies and Departments

Letterhead authorising registration of the vehicle and quoting the Act under which established

Name of the Act, if incorporated under legislation

To be supplied by Government authority

Church or Religious organisations Incorporated as a company by ASIC. Incorporated under legislation

Certificate of Incorporation Letterhead authorising vehicle registration and quoting the Act under which established

Corporations Law Name of the Act if incorporated under legislation

ASIC To be supplied by religious organisation

Photocopies of incorporation registration documents are acceptable. All incorporation registration documents must be current.



OR under State Associations Incorporation Act

Certificate of Incorporation of Association

the State's Associations Incorporation Act

Department of Fair Trading/Business Affairs

Sporting clubs, non-profit organisations Co-operative Societies

Certificate of Incorporation of Association Certificate of Incorporation

the State's Associations Incorporation Act the State's Co-Operatives Act

Dept of Fair Trading/Business Affairs

Schools State Non-State

Letterhead authorising vehicle registration

the State's Education Act

School Council State Registration Board

Solicitors Certificate of Incorporation

the State's Legal Profession Act

Dept of Fair Trading/ Business Affairs

3.5.1 Evidence of Relevant Premises Address

DOCUMENT

Contract of Purchase, Current Lease or Rental Document for relevant premises Vehicle Registration Certificate (current) Vehicle Registration Renewal Notice for coming period


Land Tax Valuation Notice (current)

Australian Taxation Office Assessment (last or current financial year) Figure 13: Evidence of relevant premises



3.5.2 Evidence of Garage Address (as per Part 2).

In order to determine a vehicle's Garage Address the Registration Authority may require the production of one or more of the following relating to the premises at which the vehicle is garaged:

DOCUMENT

Certificate of Title

Contract of Purchase, Current Lease or Rental Document

Australian Taxation Assessment Notice in relation to the premises (last or current year)


Utility Accounts (up to 6 months old)

Figure 14: Evidence of garage address

Where the Relevant Premises Address and the Garage Address are identical, the Registration Authority may waive the requirement to produce the above documentation if it is satisfied, as a result of other or previous evidence, that the Relevant Premises Address is the vehicle’s Garage Address.

3.5.3 Evidence of Change Of Name Certificate of Registration of Change of Name (with ACN) issued by ASIC or other appropriate body listed in Table 9.

3.6 INABILITY TO PROVIDE EVIDENCE OF IDENTITY (NON-STANDARD EOI)

There may be rare occasions where an applicant is genuinely unable to provide the required documentation to satisfy each Evidence of Identity category.

A selection of Category B Evidence of Identity documents is not a substitute for Category A Evidence of Identity, given the different nature of these documents as shown in clause 3.3.

The non-standard documents presented to the authority must establish both identity (evidence of existence and linkage between identity and the applicant and evidence of use of identity) and residence of the applicant beyond reasonable doubt.



3.6.1 Non-Standard Evidence of Identity for Initial Driver Licence Applications Part of the pre-requisite for the first-time issue of a driver licence is satisfaction of the applicant's identity in accordance with the criteria set out in this guideline.

Category A documents are evidence of existence and linkage between the identity and the applicant. Category B documents are evidence of use of that identity in the community. It is also essential that a person establish the authenticity of their signature and current residential address. The first has an identity implication: the second an eligibility implication.

There will be very rare occasions where an applicant is genuinely unable to produce any or some of the documents from each category. Some inability to produce examples are:

• may not have a Category A document but can produce the Category B documents (one of which contains a signature);

• may be able to produce only two Category A documents (one of which contains a signature and current residential address);

• may have one Category A and one Category B, but none of these has a current residential address or signature); or

• may have one Category A and two Category B documents but neither has a current residential address.

What constitutes genuinely unable?

"Genuinely unable" is not constituted because a person:

• will be inconvenienced by the delay/difficulty/expense of getting documentation from a relevant source;

• has had all such documents stolen in a burglary or destroyed in a fire (in Australia).

3.6.2 Circumstances Where a Person is Genuinely Unable to Produce the Required EoI Documents (including Signature and Current Residential Address) When an applicant is genuinely unable to provide the standard Evidence of Identity there should be a consistent approach across jurisdictions as to what will be acceptable as non-standard evidence of identity.

It may be useful to place a flag/comment on the system against the record when non-standard evidence of identity has been accepted – e.g. NSEoI.

Given the current risks associated with fraudulent identities the responsibility of accepting any documents other than the standard evidence of identity documents should be authorised by the Office Manager/Supervisor.



Up to three forms of evidence of identity verification document could be considered for use in non-standard evidence of identity situations:

1. an Aboriginal or Torres Strait Islander (ATSI) applicant residing (or who has previously been a resident) in an isolated ATSI Community and whose birth has not been registered and is unable to be registered retrospectively;

2. all other instances where an applicant is genuinely unable to provide the required Evidence of Identity (either in part or in full); and

3. verification of residential address (where this does not appear on any Category A or Category B documents and the required fourth document cannot be produced).

Evidence of Identity verification documents would not be required to be in the form of a statutory declaration.

These guidelines provide for the use of a non-standard evidence of identity verification document where a verifying person whose own identity has previously been established by the driver licensing authority is willing to vouch for the identity of the applicant (i.e. a current driver licence holder in the relevant jurisdiction). Further suggested eligibility criteria for verifying persons are set out in clause 3.7.2 Verifying Persons.

3.7 GUIDELINES FOR IDENTITY VERIFICATION (OTHER THAN REMOTE ABORIGINAL OR TORRES STRAIGHT ISLANDER (ASTI) WITH NO REGISTERED BIRTH)

This non-standard Evidence of Identity document must be used only as a last resort where an applicant is genuinely unable to provide the standard evidence of identity, and only for driver licensing purposes.

This document may be accepted where Category A and/or Category B evidence is unable to be provided. If being used where Category A alone or both Categories A and B evidence cannot be provided - two verifying person declarations might be required. The document may also act as vouching for the applicant's residential address (even in a situation where the verifying person may not personally know that the address is correct). This document may not be suitable when an applicant's only shortfall in production of Evidence of Identity is one of being unable to provide a current residential address where it may be more appropriate to have different eligibility criteria for the verifying person (see clause 3.9 - Verification of Residential Address).

3.7.1 Evidence of Identity Verification The Evidence of Identity verification form may include the following information.



3.7.1.1 Driver Licence Applicant details:

• name in full (family name and all given names, excluding baptismal names)

• gender

• date of birth (If genuinely unknown, use 31/12/YEAR and flag that it is a 'substituted' birth)

• residential address

• reason why unable to provide EoI - I am genuinely unable to provide the required Category A and / or Category B document(s) as Evidence of Identity in my application for a (insert type of licence) Driver Licence because…………..…………………..……..

• provision for the applicant to declare - I declare that the information I have provided in this application is true and correct. I understand that it is a serious offence to make a deliberately false or misleading statement in connection with an application for a driver licence

• recent colour photograph attached (showing full front view of head and shoulders, eyes open, sharply focused)

• signature (signed in front of verifying person)

• date signed

3.7.1.2 Verifying Person details

• name in full

• residential address

• current driver licence details (including licence number)

• daytime phone contact details

• declaration - I meet the requirements listed above to make this declaration. I have known the applicant for a period of (insert number of years) years and vouch for his/her identity. To the best of my knowledge and belief the information provided by the applicant is true and correct. I have witnessed the applicant sign this application. I have signed the back of the attached photograph of the applicant. I understand that it is a serious offence to make a deliberately false or misleading statement in connection with an application for a driver licence [endorsement reads - "This is a true photograph of name in full"]

• signature

• date signed



3.7.1.3 Office details

• provision for signature and name of person accepting the non-standard evidence (Supervisor/Manager)

• provision for name of office where document is accepted

• provision for the date the document is accepted

• provision for the Stamp of the Office accepting the document

3.7.1.4 Title of the document Should state that the document is used as part of a driver licence application, and the document contains a warning of the seriousness of the offence for dishonestly providing information (by applicant and by verifying person).

3.7.1.5 Privacy disclaimer (covering all information provided in document) Some or all of the information provided here may be disclosed to and/or verified with any driver licensing authority, law enforcement agency, Commonwealth agency responsible for immigration, customs, electoral registration and citizenship, with State Registrars responsible for births, deaths and marriages.

3.7.2 Verifying Persons To be eligible to complete a verifying person's declaration (other than for residential address alone) the verifying person should:

• be a current driver licence holder in the relevant State or Territory

• be readily contactable by telephone during normal business hours (for verbal verification of declaration)

• be at least aged 18 years

• know the applicant personally for at least 12 months

• not be related to the applicant by birth, marriage, de facto or same sex relationship

• endorse the back of the applicant's photograph by writing "This is a true photograph of (applicant's full name)" and signing in black/blue ballpoint pen.

3.8 IDENTITY VERIFICATION FOR USE BY REMOTE ATSI WITH NO REGISTERED BIRTH AND LIVING IN REMOTE AREA - WHERE CERTIFICATE OF



ABORIGINALITY ISSUED BY LAND COUNCILS IS NOT AVAILABLE

The Evidence of Verification of Identity Document for an ATSI driver licence applicant could be completed by a Community Council Chairperson or by two Community Councillors, or other appropriate persons. It could include the following information:

3.8.1 Driver Licence Applicant Details • full name

• declaration that the applicant is an Aboriginal or Torres Strait Islander

• name the community in which they ordinarily reside and that it is in an isolated area

• reason why unable to provide standard EoI - I am genuinely unable to provide the required Category A and / or Category B document(s) as Evidence of Identity in my application for a (insert type of licence) Driver Licence because………………………………….……..

• date of birth (claimed)

• signature (to be signed in front of verifying person)

• date signed

3.8.2 Verifying Person Details • full name

• address

• statement of eligibility as a verifying person (Community Council Chairperson, or Community Councillor, etc)

• declaration that the applicant (full name) is recognised as being of Aboriginal or Torres Strait Islander descent and resides or did reside in the community named

• statement that the community recognises the applicant's claim of date of birth

• signature of each verifier

• date signed by each verifier



3.9 GUIDELINE FOR VERIFICATION OF RESIDENTIAL ADDRESS LICENCE

In the situation where the applicant is able to provide the required Category A and Category B documents but none of these provide a current residential address and they are unable to provide the “fourth document", the applicant could provide a Verifying Declaration of Residential Address document. The address could be verified by any current driver licence holder in the applicant's issuing jurisdiction, who is aged at least 18 years. There is no time limit for how long the verifying person has known the applicant, nor any parameters around in what capacity they have known the applicant. The verifying person should state they know the address stated by the applicant to be the current residential address of the applicant and how they know that to be the case. A recent photograph of the applicant could be used, signed by the verifying person stating it to be a true photo.



MODEL ONLY Evidence of Identity Verification for Driver Licence Application

Privacy Disclaimer: Some or all of the information you provide here may be disclosed to and/or verified with any driver licensing authority, law enforcement agency, Commonwealth agency responsible for immigration, customs, electoral registration and citizenship, and State registrars responsible for births, deaths and marriages.

APPLICANT'S DECLARATION Verifying Person's Eligibility Driver licence applicant details (Applicant to complete)

To complete a verifying person's declaration, you must:

Family name (please print) • hold a current driver licence in this State

• be at least aged 18 years • be readily contactable by telephone during normal

• business hours (for verification of declaration)

Given names • know the applicant personally for at least 12

• months

• not be related to the applicant by birth, marriage, de facto or same sex relationship

Male Female • must endorse the back of the photograph by

• writing "This is a true photograph of (applicant's full name)" and signing in blue or black ballpoint pen.

Current residential address •

VERIFYING PERSON'S DECLARATION Verifying person details

Post code (Verifying person to complete) Family name (please print)

Date of birth

/ /

Given names

Town and country of birth

Current residential address

I am genuinely unable to provide Category A and/or B documents as Evidence of Identity because:

Post code

Date of Birth Driver Licence No

Sign ONLY in the presence of your verifying person who completes the Verification of Identity details.

Daytime telephone number/s

I declare that the information I have provided is true and correct. I understand that it is a serious offence to make a deliberately false or misleading statement in connection with an application for a driver licence.

Home Work Mobile

Signature

Date / /

I declare that I have known the applicant personally for a period of _______ years and to the best of my knowledge and belief the information provided by the applicant is true and correct. I have witnessed the applicant sign this declaration and have signed the attached photograph of the applicant. I understand that it is a serious offence to make a deliberately false or misleading statement in connection with an application for a driver licence.

Service Tasmania Office Use Only

Issuing Centre Issue Date

Service Tasmania Manager

Issuing Centre stamp Verifying person's driver licence verified

Signature

Date / /


Part 4 Management, Use and Release of Information Page 1

4 PART 4 – MANAGEMENT, USE AND RELEASE OF INFORMATION


4.1.1 Description and Purpose The aim of Administrative Guidelines is to ensure that, as far as practicable, national road transport reforms are implemented consistently, despite local conditions and different administrators. Part 4 seeks to ensure that procedures for the management, use and release of vehicle registration and driver licensing information are consistent throughout Australia. It has been developed from the report Management, Use and Release of Information (NRTC 1995)34. The purpose of the report was to: • review present State and Territory legislation, policies and practices

relating to the release of vehicle registration and driver licensing information; and

• recommend a set of principles to which registration and licensing authorities should adhere in managing, using and releasing such information.

This guideline is consistent with the Information Privacy Principles contained in section 14 of the Commonwealth Privacy Act 1988. The Road Transport Reform (Heavy Vehicles Registration) Regulations and the National Driver Licensing Scheme Policy require that information stored in the associated registers is released only in accordance with those principles.

4.1.2 Objectives and Necessity The need for an administrative guideline was identified by road authorities during the development of the national driver licensing and heavy vehicle registration schemes. The information stored on current State and Territory systems forms the basis of the data for the national schemes. From mid to late 1998, existing databases will be linked to facilitate access to information for registration, licensing and enforcement purposes for all jurisdictions.

As each State and Territory has traditionally administered its own schemes, decisions on how information gathered is managed, used and released varies significantly. The interaction between road user, Privacy

34 Prepared by T Thomas, C Saunders of the University of Melbourne’s Centre for Comparative Constitutional Studies


Page 2 Management, Use and Release of Information Part 4

and Freedom of Information (FOI) legislation is also inconsistent. In some jurisdictions, privacy principles are contained within the responsible authorities’ release of information policies, or incorporated in a Cabinet directive. While FOI legislation exists in most jurisdictions and may override the road user legislation, its principal application is limited to where an authority refuses to release information about a person to him or herself.

4.1.3 Identification of Alternatives The basis on which vehicle and driver information is used and released by the registration and licensing authorities varies from jurisdiction to jurisdiction. Some jurisdictions have a specific statutory provision governing information release, backed up by guidelines issued in accordance with the legislation. In other jurisdictions, information is released on the basis of an implied power vested in the Registrar (or equivalent) in accordance with specific corporate policies or guidelines.

4.1.4 Consultation with Affected Parties In compiling the report Management, Use and Release of Information:

• the relevant legislation, policies and procedures of every jurisdiction were analysed; and

• an extensive nationwide consultation process was undertaken. Registration and licensing authorities and police were directly consulted in every jurisdiction, together with representatives of the transport industry, transport unions and privacy bodies.

The policies for the management, use and release of aviation, telecommunications and social security information were also analysed to compare the approaches of these areas with road transport.

4.1.5 Impact Adherence to this guideline will provide registration and driver licensing authorities with some assurance that the information contained on their databases is only released in accordance with nationally agreed guidelines. Clients whose information is stored on those systems will also be confident that appropriate controls are in place to protect personally or commercially sensitive information.

Neither the Information Privacy Principles nor this administrative guideline will unreasonably limit:

• agencies’ access to information for the bona fide performance of their functions, eg. local government to enforce parking laws, or third party insurers to process accident claims; or

• the release or sale of statistical data for commercial purposes.



4.1.6 Summary This guideline provides principles for the management, use and release of registration and driver licensing information contained in the respective registers of all States and Territories. The principles include:

• the basis for release;

• release of information to individuals;

• access by other registration and licensing agencies;

• access by other government agencies, authorities and instrumentalities;

• access by specific external bodies, organisations or individuals;

• access to, and accountability for, registration and licensing information within an authority; and

• release of non-confidential information for commercial purposes.

4.1.7 Implementation Under the proposed hierarchy of administrative guidelines, this guideline can be categorised as Type 2. It contains administrative detail essential to the consistent application of national reforms relating to the registration of heavy vehicles and the licensing of drivers, and requires approval by the Ministerial Council for Road Transport.

This guideline is intended for use as the basis for the development of customer service procedures by vehicle registration and driver licensing authorities. It is envisaged that jurisdictions would adopt the guideline upon implementation of the Commission’s Heavy Vehicle Registration and Driver Licensing reforms.

4.2 INTRODUCTION

The National Heavy Vehicle Registration and Driver Licensing schemes prohibit the release of information of a personal or commercially sensitive nature except as provided for in the Information Privacy Principles contained in section 14 of the Commonwealth Privacy Act, 1988. The Commonwealth Information Privacy Principles are widely regarded as the authoritative source of guidance in the management of personal information.

This guideline provides assistance with the practical application of those principles in the context of registration and driver licensing information. It addresses:

• the type of information deemed to be personal, ie name, address, personal details and driver history/traffic record;



• the basis on which information of a personal nature may be released, ie in accordance with express guidelines or pursuant to a statutory power;

• appropriate internal approval and review arrangements to ensure that officers only have access to information reasonably required in the course of their duties;

• circumstances for the release of information with the consent of the person to whom it relates;

• circumstances for the release of information to other persons, ie parties to accidents, lawyers, insurers, employers, vehicle manufacturers, research establishments and commercial enterprises;

• information which may be confirmed on a yes or no basis, ie whether a vehicle is financially encumbered, stolen, written off, or has outstanding defect notices;

• access by external bodies including other registration and licensing agencies and other government agencies, authorities and instrumentalities; and

• issues that should be covered in a Memorandum of Understanding with any external agency that has access to registration and licensing information.

4.2.1 Basic Position Information of a personal nature includes name, address, personal details and driver history/traffic record.

Registration and licensing information of a personal nature may be released where the person concerned has given express or implied consent to the disclosure. Implied consent may be deemed to have been given if the authority has informed an applicant, in the appropriate application forms or by some other convenient means, of:

• the purpose for which the information is being collected;

• the basis on which collection of the information is authorised or required; and

• the types of organisations to whom the information may be disclosed.

4.2.2 Administration Ultimate responsibility for decisions relating to the management, use and release of information under this guideline should remain with one senior administrator within the registration and licensing authority. Officers making routine decisions according to this guideline should be authorised by, and accountable to, the senior administrator.



A person engaged or formerly engaged in the administration of registration and/or driver licensing information must not divulge or communicate information obtained in the course of his/her duties except in accordance with this guideline.

Information of a personal nature should not be made available for purposes unrelated to road use unless such disclosure is compelled by other legislation, or is in accordance with this guideline.

4.2.3 Alteration of Personal Information In accordance with the Information Privacy Principles, the registration and licensing authority must ensure that personal information is accurate and not misleading. The person to whom the information relates may request that the authority correct misleading or inaccurate information. If the authority is not willing to amend the record, it must record the fact that the request was made.

4.2.4 Fees The registration and licensing authority may charge fees for the release of information.

In the case of information requested about a specific licence holder or registered operator, the fee should be based on the authority’s costs of providing the service.

In relation to requests by bona fide research establishments, and the release of non-confidential information for commercial purposes, the fee may reflect the commercial value of the information.

4.3 RELEASE OF INFORMATION TO INDIVIDUALS

4.3.1 To the Person Concerned Information of a personal nature may be released to the person concerned where he/she provides sufficient proof of identity in accordance with Part 3.

The National Driver Licensing Scheme Policy indemnifies an individual (including medical practitioners) who, in good faith, supplies information that suggests a person is, or may be, unfit to drive. Information of this nature that identifies the person who has provided it must not be released (except where other legislation directs).

Information released:

• any registration or licensing information relating to the applicant (other than information about a person’s fitness to drive that



identifies a person who has provided information on confidential basis)

4.3.2 To Other Persons Personal information may be released to a person other than the person concerned:

• with the explicit consent of the person concerned; or

• where name and address details (expressly excluding driver history/traffic record) are required to identify a party to a motor vehicle crash.

Application forms should be stored for a minimum of 1 year.

The applicant must:

• provide proof of identity in accordance with the Part 3 (NRTC 1998);

• and in the case of a motor vehicle crash, must:

• be able to establish that a motor vehicle crash occurred; and

• sign a confidentiality undertaking agreeing to use the information solely for the purpose of identifying the other party to the crash.


• any registration or licensing information that the person concerned has consented to (other than information about a person’s medical condition that identifies a person who has provided information on confidential basis);

• in the case of a motor vehicle crash—the person’s name and address (or address for service of notices, where appropriate)

4.3.3 Confirmation of Vehicle Registration Information A registration and licensing authority may confirm, on a simple 'yes' or 'no' basis:

• the registration status and registered operator of a nominated vehicle;

• whether the vehicle is currently financially encumbered;

• whether the vehicle is currently recorded as stolen;

• whether the vehicle has been reported as being written-off; and

• whether the vehicle is subject to any outstanding defect notices.


• confirmation of information provided to the authority, restricted to the matters listed above.



4.4 FORMALISING ACCESS FOR EXTERNAL BODIES

4.4.1 Introduction The release of information to external bodies must be subject to limitations specified in this guideline. Information released to government bodies must be restricted to what is relevant for the specific purposes of that body. The access may be granted:

• in accordance with any legislation relating to the body requesting the information; and/or

• under a formal arrangement (consistent with this Part) with the registration and licensing authority, subject to the implied consent of the person to whom the information relates (refer Basic Position, clause 4.2.1).

The procedures for the limited release of driver licensing information to employers are set out in clause 4.5.4.

4.4.2 Forms of Agreements for Access

4.4.2.1 Frequent Access Where frequent access to information is sought by a statutory authority or agency for the performance of its functions, the nature, level and conditions of that access should be set out in a Memorandum of Understanding between the agencies.

4.4.2.1.1 Memorandum of Understanding The Memorandum of Understanding should:

(a) specify the means by which information will be accessed by the agency (telephone, facsimile, on-line/batch requests);

(b) specify the purposes for which the information is required;

(c) include an undertaking by the agency to protect the confidentiality of the information and to use it only for the purposes for which it is sought;

(d) include an undertaking by the agency to regulate its officers’ access to information, specifying the type of information required, and by what officer level;

(e) specify the audit and data protection systems in place to safeguard the confidentiality of the information;

(f) place an obligation on the agency to provide regular updates of names of officers who require access to the information (particularly when staff changes occur); and

(g) warn of the consequences of breaching the agreement.



4.4.2.2 Occasional Access Where occasional but ongoing access is sought, the conditions of access should be set out in a signed pro-forma agreement which:

• specifies the exact nature of the information required;

• specifies the purpose for which it is required; and

• includes an undertaking to protect its confidentiality.

4.4.2.3 Infrequent Access Where infrequent access is sought by a statutory authority or agency, the registration and licensing authority should assess the merits of each request on a case by case basis, having regard to the purpose for which it is sought.

Each request should be submitted to the registration and licensing authority in writing, specifying the grounds on which the information is required and including an undertaking to protect the confidentiality of the information.

If the request is granted, a senior administrator in the registration and licensing authority should write to the agency seeking the information, setting out the grounds on which the information will be released.

4.4.3 Breaches of Memorandum of Understanding or other Agreements A licensing or registration authority may suspend, for such time as it thinks fit, or revoke any understanding, agreement or undertaking referred to in clauses 4.4.2.1, 4.4.2.2 or 4.4.2.3 of these guidelines, if the authority is satisfied that the external body with whom the understanding, agreement or undertaking was entered, has in any way breached the understanding, agreement or undertaking or any condition of the understanding, agreement or undertaking.

Where a licensing or registration authority has revoked an understanding, agreement or undertaking under clause 4.4.3 the authority may disqualify the external body from entering into another understanding, agreement or undertaking until such time as the authority is satisfied that the external body can comply with the relevant requirements.

4.5 SPECIFIC ORGANISATIONS OR INDIVIDUALS

Without derogating from the principles regulating release of information to government bodies, the following organisations and individuals should be granted access under specific conditions.



4.5.1 Other Registration and Licensing Authorities Registration and licensing information held by an authority in one jurisdiction should be released to the registration and licensing agencies in other States and Territories for registration and licensing purposes.


• all registration and licensing information

4.5.2 Police Police forces should have 24 hour electronic access to registration and licensing information for the purposes of enforcing road transport and traffic laws.

Personal information should only be used for the general purposes of law enforcement with the implied consent of the person concerned, unless there is a serious threat to the life or well-being of an individual.


• all registration and licensing information

4.5.3 Lawyers and General Insurers Information should be made available to legal practitioners and general insurers provided that each request:

• is on official letterhead; and

• carries an undertaking to use the information solely for the purpose of commencing or conducting legal proceedings in respect of a motor vehicle crash.


• name and address (or address for service of notices, where appropriate).

4.5.4 Employers The following procedures provide for the release of licence status information (licence suspended, cancelled or expired). It is designed to provide the employer with sufficient information to reasonably ensure drivers are appropriately licensed whilst safeguarding the rights of the driver against non-consensual release of confidential information.

4.5.4.1 Pre-employment Checks For the purposes of pre-employment checks, information about an applicant seeking employment may only be released to the licensee.




• licence class, restrictions and conditions;

• licence status (suspended, cancelled, expired);

• current accrued demerit points.

4.5.4.2 Continuing Licence Status Information relating to an employee’s licence status may only be released to an employer on an on-going basis if the employee:

• has been informed in writing that the employer intends to make such checks; and

• the employee gives his/her signed consent.

Release for this purpose should be subject to the following conditions:

• The employer must enter into an agreement for occasional access (refer clause 4.4.2.2).

• Consent is given when an employee signs his/her name against a list of employees with the explicit knowledge that the list will be forwarded to the licensing authority for the purposes of checking his/her licence status on an on-going basis.

A new signature must be provided after each 12 month period if on-going checks are to be made.

• The employer may forward the list to the licensing authority up to four times a year. The authority will check the licence status of the listed employees and inform the employer if any listed employee has been disqualified from driving.


• licence status (suspended, cancelled, expired).

4.5.5 Bona Fide Research Establishments Information may be released to bona fide research establishments such as universities for the purpose of road transport research. Such release is subject to the research establishment entering into an agreement with the registration and licensing authority to protect the confidentiality of the information provided and guaranteeing that any material published will not allow the identification of individuals.


• any registration and driver licensing information, subject to the terms of the agreement.



4.5.6 Vehicle Safety Recalls From time to time, vehicle manufacturers need to alert purchasers of potential safety defects in order to facilitate their rectification. Under the operational arrangements for the National Exchange of Vehicle and Driver Information System (NEVDIS), the NEVDIS central administration unit will write to vehicle operators on behalf of vehicle manufacturers. In the interim, States and Territories may enter into arrangements directly with vehicle manufacturers.

4.6 RELEASE OF NON-CONFIDENTIAL INFORMATION FOR COMMERCIAL PURPOSES

Information of a non-confidential nature may be used for commercial purposes provided that the party to whom the information is released cannot identify the persons to whom the information relates.


• aggregated or statistical registration and licensing information, which doesn’t allow individuals to be identified.

4.7 ACCESS AND ACCOUNTABILITY FOR INFORMATION WITHIN A REGISTRATION AND LICENSING AUTHORITY

4.7.1 Access by Officers of a Registration and Licensing Authority An officer of a registration and licensing authority should only have access to the information necessary for the performance of his/her duties. Access should only be granted after the officer has signed an agreement setting out his or her obligation to safeguard the confidentiality of the information.

A corporate policy should determine which officers are responsible for authorising the level of access to information that an officer will be granted to perform his/her duties.

4.7.2 Audit Requirements

4.7.2.1 Security Registration and licensing records stored in computer databases should only be accessed by authorised officers or persons on the basis that user identification will be logged for every access. Each on-line access to an individual record should be flagged and stored by the computer system



for the purposes of random, systematic or complaint-generated auditing, in accordance with the authority’s general audit requirements.

4.7.2.2 Register A register of all external bodies with access to registration and licensing information must be maintained by the registration and licensing authority. The register should indicate the basis on which access is granted and the means by which the information is released.

4.7.2.3 Review Of Access The basis and means by which information is released to external bodies should be reviewed periodically, or at the expiration of a Memorandum of Understanding or signed agreement.


Part 5 Assessment of Defective Vehicles Page 1

5 PART 5 – ASSESSMENT OF DEFECTIVE VEHICLES


5.1.1 Description and Purpose The aim of administrative guidelines is to ensure that, as far as practicable, national road transport reforms are implemented consistently, despite local conditions and different administrators. This Part is designed to help enforcement officers determine the significance of vehicle defects relative to the safety risk they present on the road.

This Part should be used in conjunction with: • the Road Transport Reform (Heavy Vehicle Standards)

Regulations, 1995, which set out the in-service technical requirements for the construction and performance of heavy vehicles; and

• the associated Roadworthiness Guidelines which provide practical information about wear or damage to the important vehicle systems.

5.1.2 Objectives and Necessity The need for an administrative guideline for the assessment of defective vehicles was identified by road authorities during the development of the national heavy vehicle registration scheme. The use of the same assessment criteria in all jurisdictions will ensure a more consistent approach to the management of defective vehicles.

The guideline is also an important component of the Commission’s second Heavy Vehicle Reform Package covering consistent on-road enforcement of roadworthiness.

5.1.3 Identification of Alternatives One alternative would be for each jurisdiction to produce its own guideline. However, as consistency in the management of defective vehicles is a key objective of the registration scheme, it is important that common assessment criteria are applied by jurisdictions.

5.1.4 Consultation with Affected Parties The procedures set out in this guideline reflect principles contained in business rules for the management of defective vehicles developed by Austroads. The Road Transport Reform (Heavy Vehicles Registration) Regulations, which prescribe the requirements for the defective vehicle


Page 2 Assessment of Defective Vehicles Part 5

regime, were the subject of wide consultation and approved by Ministerial Council in December 1996. Several iterations of this guideline have been circulated for comment and refinement by affected parties in all States and Territories.

5.1.5 Impact Use of this guideline will improve the consistency of decision making by enforcement officers in relation to the assessment of defective vehicles. In turn, this process will deliver more consistent enforcement outcomes for vehicle operators throughout Australia.

Road transport operators have made frequent representations to the Commission on the importance to industry of consistency in enforcement practices.

5.1.6 Summary This guideline provides a decision making process to help enforcement officers to determine: • the significance of vehicle defects relative to the safety risk they

present; and • the appropriate course of action to take in terms of issuing a vehicle

defect notice.

The guideline takes account of the interaction between the type of defect, how the vehicle is being used, and the road environment to determine the overall risk of the vehicle being involved in a serious crash.

5.1.7 Implementation Under the hierarchy of administrative guidelines proposed to Council by the Commission, this Part can be categorised as Type 2. It provides guidance for the exercise of discretionary powers under the national road transport reforms, and requires approval by the Australian Transport Council.

This guideline is intended for use as the basis for training documentation for enforcement officers who inspect vehicles for defects. Schedule 6 contains suggested ratings for particular vehicle defects and, in practice, may be used as a stand-alone reference document.

It is envisaged that jurisdictions would adopt the guideline upon implementation of the Commission’s heavy vehicle registration reforms.



5.2 INTRODUCTION

This guideline is for use by enforcement officers when appraising the level of risk presented by a defective vehicle. It is designed to help determine the significance of vehicle defects relative to the safety risk they present on the road.

This guideline is intended to be used in conjunction with: • the Road Transport Reform (Heavy Vehicle Standards)

Regulations, 1995 (the Standards) which set out the technical requirements for the construction and performance of heavy vehicles whilst in service; and

• the associated Roadworthiness Guidelines which provide practical information about wear or damage to the more important vehicle systems, to enable consistent assessment criteria to be applied throughout Australia.

The guideline does not deal with the issue of whether an infringement notice should accompany a vehicle defect notice. Infringement regimes across all elements of the road transport law will be examined as part of the National Road Transport Commission’s Compliance and Enforcement reforms. In the interim, existing State and Territory protocols are expected to continue to apply.

5.2.1 Overview The action that should be taken by an enforcement officer when a defective vehicle is discovered depends on an evaluation of the risk of the vehicle’s defects contributing to a crash and an estimation of the likely severity of the crash. Generally, where there is a high risk of a serious crash, the most severe enforcement sanction should be imposed; if there is a low risk of a crash, a warning may be more appropriate.

The interaction between the type of defect, how the vehicle is being used, the road environment and other factors has a large bearing on the risk of a crash. While this relationship can be extremely complex, this guideline provides a three step decision making process to help determine the risk posed by a defective vehicle, and the appropriate course of action. Refer to section 5.4 for further information.

5.2.2 Risk of Serious or Fatal Crash Due to the Presence of Defects For the purpose of this guideline a "serious crash" is one which could result in a serious injury (hospital admission) or fatality, or significant property damage.



Vehicle defects might make a crash more likely to happen (eg. steering failure), or make the consequences of a crash more severe (eg. broken seat belt). In most cases the contribution of defects is much more subtle than these two examples. Refer to clause 5.5 for further guidance.

In order to assess the wide range of defects, the "level of risk" is the risk of the defect contributing to a serious crash. Road crash statistics have been used to broadly assess this risk.

EXAMPLE A. A serious defect in the steering or braking system will make a crash perhaps

three or four times more likely than a vehicle with no defects. If a crash occurs and the seat belts and other occupant protection systems operate correctly, on average, about 10% of these crashes will result in serious or fatal injuries.

B. In the absence of high risk factors, a crash is very unlikely in the case of a

vehicle with functional steering/braking systems. However, if a crash does occur, defects in the occupant protection systems (eg. inoperative driver's seat belt) can greatly increase the risk of serious or fatal injury to the vehicle occupants. An unrestrained driver has about twice the risk of serious or fatal injury compared with a restrained driver.

In either case (defective steering/brakes or defective seat belt) the risk of serious or fatal injury might be several times that of a vehicle with no defects.

5.2.3 Related Regulations The defective vehicle categories are derived from the draft Road Transport Reform (Heavy Vehicles Registration) Regulations approved by the Ministerial Council for Road Transport. The Regulations also provide guidance on: • information required on a Vehicle Defect Notice; • information required on a Defective Vehicle Label; and • recording and clearance of Vehicle Defect Notices.

Details of these requirements are set out in Schedule 7.

Penalties for driving or operating defective vehicles are prescribed in the Standards.

Additional offences for driving or operating a heavy vehicle in breach of a vehicle defect notice are also contained in the Road Transport Reform (Heavy Vehicles Registration) Regulations.

5.3 DEFECT CATEGORIES

Under nationally agreed procedures for dealing with defective vehicles, one of three categories of action/sanction concerning the vehicle may be applied:



5.3.1 Formal Written Warning

• A formal written warning (not recorded). No defective vehicle label. • Applies in cases where, in the opinion of the authorised officer, the

vehicle's defects do not constitute a safety risk but should be remedied.

• No clearance is necessary.

5.3.2 Minor Defect Notice

• A vehicle defect notice. No defective vehicle label35. • Applies in cases where the deficiencies of the vehicle, if allowed to

continue after the time specified in the notice, may constitute a safety risk. The noted defects must be rectified within the period specified in the notice.

• Depending on the nature of the defect, the notice may specify that the operator may certify that faults have been rectified as an alternative to certification by an authorised person. The operator would simply endorse the vehicle defect notice and return it to the home jurisdiction within the specified time limit.

• If the defect has not been cleared within the specified time limit, the registration authority may initiate action to suspend the vehicle's registration. If the defect remains uncleared at the end of the suspension period, the authority may cancel the vehicle's registration36.

5.3.3 Major Defect Notice

• A vehicle defect notice and defective vehicle label. • Applies where there is an imminent and serious safety risk. If the

nature of the defect is severe enough, then a vehicle may be "grounded" (ie it must be fixed on site, or be towed or carried from the point of inspection). The notice must specify, amongst other things, the means by which the vehicle is permitted to proceed (whether it must be towed or driven) and the time and date from which it is not to be used until the defects have been remedied.

• The defects to which the notice relates must be certified as rectified by an authorised person to enable the notice to be cleared.

35 The Road Transport Reform (Heavy Vehicles Registration) Regulations do not provide for the issue of

a defective vehicle label for minor defects. However, a State or Territory may choose to attach a label to the vehicle and make provision for an offence for unauthorised removal of the label under local law.

36 The Road Transport Reform (Heavy Vehicles Registration) Regulations set out the procedures for suspension and cancellation, together with the registered operator's rights of review of the authority's decisions.



• If the defect has not been cleared within the specified time limit, the registration authority may initiate action to suspend the vehicle's registration. If the defect remains uncleared at the end of the suspension period, the authority may cancel the vehicle's registration.

Some types of defects fall clearly into a particular category whereas others might depend on circumstances such as road conditions or weather, or on the degree of defect (eg. the number of missing road wheel studs). In these cases the enforcement officer is required to take any relevant circumstances into account. Guidance on assessment of these circumstances is contained in clause 5.5.

In some circumstances, an officer may consider it appropriate to issue both a major and minor vehicle defect notice in order to ensure that the most serious defects are fixed immediately, while providing some flexibility for minor defects to be remedied over a slightly longer time frame. However, this practice may vary between jurisdictions.

The Road Transport Reform (Heavy Vehicles Registration) Regulations place an obligation on the driver of a vehicle to cause the vehicle defect notice to be sent to the registered operator of the vehicle.

5.4 PROCEDURES FOR ASSESSING DEFECTIVE VEHICLES

These procedures apply where a vehicle has been inspected and is found to have one or more defects, as described in this guideline. Clauses 5.5, 5.6, and 5.7 explain the decision-making process for each of these steps.

STEP 2

Classify each defect, taking into account the overall crash risk.

Individual defect: major (ground), major, minor, warning

(Refer to clause 5.6)

STEP 1

Determine if there are any factors other than defects which might increase the risk of a serious crash or make the effects of a defect more serious.

Overall crash risk: high, normal or low




Figure 15: Procedures for assessing defective vehicles

5.5 OVERALL CRASH RISK

STEP 1

Determine if there are any factors other than defects which might increase the risk of a serious crash or make the effects of a defect more serious.

Overall crash risk: high, normal or low

5.5.1 Factors Contributing to Crashes With most crashes there are many contributing factors. The crash might be less severe, or avoided, if one or more contributing factors are not present.

The presence of defects might increase the likelihood or severity of a crash. This becomes more important in a hazardous situation when the driver calls on extreme performance limits of the vehicle to avoid the hazard, or to protect the occupants if a crash occurs. Therefore, the likelihood of a defect contributing to a crash generally increases as the overall crash risk increases.

The presence of a defect on a vehicle travelling on a section of road with a high crash risk is more serious than if it is travelling on a section of road with a low crash risk. In some cases enforcement officers must assess the overall risk of a serious crash (not taking into account the presence of defects) in addition to the possible contribution of defects.

5.5.2 Factors Affecting Crash Risk For guidance purposes only, Schedule 8 outlines some of the main factors that contribute to crashes: • Type of road

STEP 3

Assess the overall rating for the vehicle based on the most serious defect, or combination of defective systems.

Overall rating: major defect notice with grounding, major defect notice, minor defect notice or formal written warning




• Posted speed limit • Road features (grade, bends, intersections) • Traffic density • Weather conditions • Lighting conditions (day or night) • Type of vehicle • Nature of load

In order to take these factors into account, and any likely changes in operating conditions, the enforcement officer should determine the destination of the vehicle and/or the likely short-term use of the vehicle.

5.5.3 Other Factors Affecting Assessment Other factors that should be considered in the assessment of level of risk and appropriate action are: • Combined effect of all defects on the vehicle • If repairs can be readily effected (eg. changing a tyre) or if the

vehicle can be driven cautiously to a place of repair to avoid "grounding"

• Distance yet to be travelled • Driver's understanding of the nature and seriousness of the defects • Prior knowledge of the defects by the driver/registered operator • Opportunity for prior repairs and recent service history • Known maintenance history for the registered operator/driver,

including participation in accreditation/alternative compliance schemes

5.5.4 Overall Crash Risk (Not Taking Into Account the Presence of Defects) In theory the overall risk due to the factors in clause 5.5.2 can be determined by multiplying the relative level of risk of each. Schedule 8 suggests approximate risk levels for some contributing factors.

EXAMPLE A heavy truck (risk level 2) on a winding road (risk level 3) travelling at night (risk level 2) is 12 times (2x3x2) more likely to be involved in a serious crash than a car (risk level 1) on a straight road (risk level 1) travelling during the day (risk level 1) (1x1x1=1). This assumes normal traffic densities and a posted speed limit of 100km/h in both cases.

In practice such a precise analysis is not appropriate, as some factors tend to compensate for others.

Enforcement officers should use the factors in a general manner to assess the overall risk of a serious crash as high, normal or low. As a guide, a



combination of three or more high risk factors will usually indicate a "high" overall risk.

5.6 INDIVIDUAL DEFECTS

STEP 2

Classify each defect, taking into account the overall crash risk (from clause 5.5).

Individual defect: Major (ground), major, minor or warning

5.6.1 The Effects of Defects Vehicle defects can have the following effects, which might contribute to a crash. They may:

(a) Impair the driver's view of the road. Eg. scored windscreen, inoperative wipers in wet weather, missing mirrors and inoperative headlamps.

(b) Impair the visibility of the vehicle to other road users or prevent the driver from indicating his or her intentions (conspicuity). Eg. inoperative lights and inoperative horn.

(c) Impair the driver's control of direction and/or speed of the vehicle. Eg. steering, tyre/brake defects, insecure driver's seat.

(d) Result in intrusion into other users' road space or undue danger or nuisance to others. Eg. oil leaks, sharp projections, excessive smoke, excessive noise. Note that separate procedures apply to vehicles which exceed mass or dimension limits.

(e) Impair the built-in occupant protection afforded by the vehicle in the event of a crash (crash protection). Eg. missing or broken seat belts, insecure seats, weakened body structure.

(f) Increase the risk of further injury after a crash has occurred (post-crash). Eg. insecure fuel tank (risk of fire), inoperative emergency exits.

5.6.2 Circumstances Where a Defect Contributes to the Likelihood of a Crash During a roadside inspection, it will be rare to encounter a vehicle with a defect that prevents the driver having proper control. It is more likely that such a vehicle will already be broken down or involved in a crash when it comes to the attention of enforcement agencies.

It is therefore necessary to assess the circumstances where the effect of a defect might contribute to a crash. Factors to consider are: • the extent of the defect; and • the time in which it may have some effect.



The following circumstances might be encountered:

IMMEDIATE EXAMPLES • no brakes; • no steering (unlikely); • no lights at night; • no wipers in the rain.

IMMINENT Defects that do not have an effect until the component is subjected to higher than normal demands, when a catastrophic failure might occur. EXAMPLES • a cracked suspension component which breaks completely under heavy

braking; • severely worn brake linings or contaminated brake fluid leading to brake

fade on a long descent; • structural rust resulting in collapse of the occupant space in a severe crash; • bald tyres which result in skidding in the wet; • missing/broken wheel studs; • imbalanced brakes.

DELAYED Defects that do not have an effect until they degrade (wear) further to the point where a catastrophic failure might occur. EXAMPLES • a brake cam going over-centre due to wear in several components; • semi-trailer king-pin/jaw wear; • worn seat-belt webbing.

These DELAYED defects are likely to be affected by abnormal demands (see IMMINENT). The difference is that further wear is necessary before there is any risk of failure.

GRADUAL Defects that degrade gradually, resulting in a progressive reduction in the performance of a safety system or environmental damage. The effects might not be evident until abnormal demands are placed on the vehicle safety systems. EXAMPLES • contamination of brake linings; • worn brake linings; • out-of-balance rear brakes; • wear/looseness in steering system; • windscreen damage affecting driver's vision.



The difference between GRADUAL and DELAYED circumstances is that degradation of performance is gradual and catastrophic failure is unlikely.

5.6.3 Classification of Defects By considering the effects of a defect (clause 5.6.1) and the circumstances in which it might arise (clause 5.6.2), the defect can be classified as major (ground), major, minor and warning. This classification gives an indication of the increased risk of a serious crash due to the presence of the defect.

Table 1 can be used to classify most types of defects. Where a dual classification is given (eg. Major (ground)/Major) the appropriate classification will depend on the level of degradation of the component and the overall crash risk (clause 5.5).

Table 10: General Classification of Defects

Effect of defect (5.6.1)

Circumstances where effects arise (5.6.2)

IMMEDIATE IMMINENT DELAYED GRADUAL (a) Driver’s view Major

(ground)/ Major

Major Major/Minor Minor/Warning

(b) Conspicuity Major (ground)/ Major

Major Major/Minor Minor/Warning

(c) Control of vehicle Major (ground)

Major (ground)/ Major

Major/Minor Minor/Warning

(d) Other road users Major (ground)/ Major

Major (ground)/ Major

Major/Minor Minor/Warning

(e) Crash protection Major/Minor Minor Minor Warning

(f) Post-crash Major/Minor Minor Minor Warning

Schedule 9 provides some examples of classification of defects, taking into account the overall crash risk and the effect of the defect.

5.7 OVERALL RATING

STEP 3

Assess the overall rating for the vehicle based on the most serious defect, or combination of defective systems.

Overall rating: major vehicle defect notice with grounding, major defect notice, minor defect notice or formal written warning.



5.7.1 Overall Rating of the Vehicle The overall rating for a vehicle is based on the classification of the most severe defect found on the vehicle. Table 2 shows how a defective vehicle is rated, and a summary of the sanction that would apply to that vehicle.

When applying a sanction such as grounding to a vehicle, consideration must be given to issues such as animal welfare (if the vehicle is carrying livestock), and deterioration of the goods being carried (refrigerated foodstuffs, etc.).



Table 11: Overall rating for vehicle found to have defects

Vehicle Rating Worst Defect

Sanction applying to vehicle

Major Defect Notice Major (ground)

Must be towed or carried from place of inspection or fixed on the spot.

Major Must only be driven to a place of repair. (Normally up to a 24 hour limit to time on road. A longer time may be appropriate in remote areas. An officer may impose conditions on the vehicle's travel in relation to its speed, route, etc.)

Minor Defect Notice Minor May continue to be driven for a specified period. (Typically 2 to 14 days.)

Formal Written Warning Warning No formal sanction.

5.7.2 Defective Systems In some cases, the combination of defective systems might be sufficient to warrant more serious overall rating.

EXAMPLE A combination of “major” braking defects and “major” steering defects on a vehicle in “high risk” area might warrant the grounding of that vehicle.


Part 6 Schedules Page 1

6 Part 6 – SCHEDULES

6.1 SCHEDULE 1 – GLOSSARY (PART 1)

Administrative fee means a fee: (a) for a service provided by the driver licensing authority in connection

with the licensing of drivers, or the renewal or late renewal of driver licences; and

(b) set by the Minister, by the driver licensing authority, or under another law.

(Supporting Principles)

Australian driver licence means: (a) a driver licence; or (b) a licence, probationary licence, conditional licence, provisional

licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.

(Primary Principles)

Drive includes having control over the steering, movement or propulsion of a vehicle.


Driver licence means: (a) a licence (including a probationary licence and a conditional licence

but not including a provisional or learner licence) issued in accordance with the supporting principles authorising the holder to drive one or more classes of motor vehicle on a road or road related area; or

(b) a driver licence receipt. (Primary Principles)

GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle: (a) as specified by the vehicle’s manufacturer; or (b) as specified by the registration authority, if:

(i) the manufacturer has not specified a maximum loaded mass; or (ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the

manufacturer’s specification is no longer appropriate. (Supporting Principles)


Page 2 Schedules Part 6

Learner licence means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.


Motor bike means a motor vehicle with two wheels and includes a two wheeled motor vehicle with a side car attached to it and supported by a third wheel.


Motor trike means a motor vehicle with three wheels, but does not include a two wheeled motor vehicle with a side car attached to it and supported by a third wheel.


Motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.


Prime mover means a motor vehicle built to tow a semi-trailer. (Supporting Principles)

Probationary licence means a licence to drive a motor vehicle: (a) issued to a person who applies for a driver licence following a period

of disqualification from driving ordered by a court in Australia; or (b) issued to replace an equivalent licence issued under a corresponding

law (the law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas).


Provisional licence means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, which is subject to conditions, restrictions, or qualifications because of the lack of driving experience of the licence holder.


Restricted licence means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of his or her employment or in other specified restricted circumstances.


Rigid means not articulated, other than in respect of an articulated bus (a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections).




Road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.


Road related area means: (a) an area that divides a road; or (b) a footpath or nature strip adjacent to a road; or (c) an area that is open to the public and is designated for use by cyclists

or animals; or (d) an area that is not a road and that is open to or used by the public for

driving, riding or parking motor vehicles; or (e) any other area that is open to or used by the public and that has been

declared under primary principle 19 to be an area to which specified provisions of the amended driver licensing law apply.


Semi-trailer means a trailer (including a pole-type trailer) that has: (a) one axle group or single axle towards the rear; and (b) a means of attachment to a prime mover that would result in some of

the load being imposed on the prime mover; NOTE: The Road Transport Reform (Heavy Vehicle Standards) Regulations make it clear that when a semi-trailer is connected to a converter dolly (a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi-trailer into a dog trailer) it is regarded as a single dog trailer.


Trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include a motor vehicle being towed.




6.2 SCHEDULE 2 – DATA REQUIREMENTS (PART 2)

The principal data requirements associated with the National Heavy Vehicle Registration Scheme are listed below. The NEVDIS ‘Detailed Technical Specification’ contains details of all required data fields and their properties.

Address for Service of Notices

Used for correspondence relating to the registered vehicle. Field for name of person notices to be sent to if other than registered operator.

Garage Address To identify base of operation, ie. where the vehicle could be expected to be found. Postcode should be stored separately to assist in identifying vehicle locations for the purposes of the Motor Vehicle Census.

Operator type To assist in determining any concessions on registration fees or charges.

Registered Operator (person or corporate entity) including ACN for corporate entities.

Replaces a variety of data items such as name of owner. Used for enforcement to identify the primary person responsible for the operation of a vehicle.

Residential Address

For enforcement, and assisting in identification of operator.

Body Type Code Provides the body type description of the vehicle. The NEVDIS ‘Detailed Technical Specification’ contains details of vehicle model codes (3 characters) to be used in preference

Chassis Number Chassis identification number provided by manufactures prior to 1 January 1989. Replaced by VIN on later vehicles. Duplicates permissible.

Date of Manufacture Month and year of manufacture from compliance plate.

Engine Number Engine identification number provided by manufacturer. Duplicates permissible.

Gross Combination Mass (Manufacturer)

GCM in Kg assigned by Manufacturer



Gross Combination Mass (Registration Authority)

Defaults to GCM (Manufacturer) unless Authority assigns in cases where not available from manufacturer or vehicle modified such that Manufacture GCM is no longer appropriate.

Gross Vehicle Mass (Manufacturer)

GVM in Kg assigned by Manufacturer

Gross Vehicle Mass (Registration Authority)

Defaults to GVM (Manufacturer) unless Authority assigns in cases where not available from manufacturer or vehicle modified such that Manufacture GVM is no longer appropriate.

Make Provides the make of the vehicle. The NEVDIS ‘Detailed Technical Specification’ contains details of vehicle make codes (6 characters) to be used in preference.

Model Provides the model description of the vehicle. The NEVDIS ‘Detailed Technical Specification’ contains details of vehicle model codes (8 characters) to be used in preference

Number of Axles/Configuration

Describes configuration and axle spacing of the vehicle. The NEVDIS ‘Detailed Technical Specification’ contains details.

Registration Number Displayed registration plate number for public identification of the

vehicle. First 8 characters, along with State and Plate type indicator must uniquely identifier a vehicle.

Seating Capacity Record number of seats fitted to vehicle

Vehicle Category/Type Provides major type description of vehicle. ie rigid truck, bus etc. The NEVDIS ‘Detailed Technical Specification’ contains details of codes.

Vehicle Charge Code Indicates the nominated configuration of the vehicle and used to determine registration charge applied.

Vehicle Colour Code Describes primary and secondary colour of the vehicle in terms of standard colours detailed in the NEVDIS ‘Detailed Technical Specification’.

Vehicle Identification Number (VIN)

A unique vehicle identifier allocated to the vehicle under ISO convention. Contains manufacturer specific information which can be obtained by decoding the VIN.



6.3 SCHEDULE 3 – GLOSSARY (PART 2)

Act means the Road Transport Reform (Heavy Vehicles Registration) Act, 1997.

(Regulations)

Administrative Fee means a fee applied in accordance with subregulation 47 (2). (Regulations)

Agricultural Implement means a vehicle without its own automotive power, built to perform agricultural tasks. (Regulations)

Agricultural Machine means a machine with its own automotive power, built to perform agricultural tasks. (Regulations)

Authorised Person means a person authorised in writing by the Registration Authority to be an authorised person for the purpose of these regulations. (Regulations)

Australian Design Rules (ADRs) are determinations in relation to vehicle design and construction made under the Commonwealth Motor Vehicles Standards Act 1989

Cancellation means the vehicle registration no longer exists and the vehicle must be re-registered.

Certificate of Approved Operations means a certificate issued in respect of a heavy vehicle in accordance with subregulation 10 (2). (Regulations)

Certificate of Inspection means a certificate issued by an Authorised Person which specifies the components of the vehicle requiring inspection, and that the person has inspected those components and found them not to be defective. (Regulations)

Corporation means a corporation recognised under the laws of Australia, including a foreign corporation and a body incorporated by or under statute.

(Regulations)



Corresponding Registration Authority means an authority appointed under the Act and these Regulations as adopted in a State or the Northern Territory in accordance with the agreements scheduled to the National Road Transport Commission Act 1991. (Regulations

Defective Heavy Vehicle means a heavy vehicle that does not comply with a provision of the Road Transport Reform (Heavy Vehicle Standards) Regulations 1995 that applies to it. (Act)

Eligible Heavy Vehicle means a vehicle which is eligible for registration in accordance with regulation 7. (Regulations)

Garage Address of a vehicle means the principal depot or base of operations of the vehicle. (Act)

GCM (Gross Combination Mass) of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time: (a) as specified by the motor vehicle’s manufacturer; or (b) as specified by the Registration Authority if:

(i) the manufacturer has not specified the sum of the maximum loaded mass; or

(ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the

manufacturer’s specification is no longer appropriate. (Act)

GVM (Gross Vehicle Mass) of a vehicle means the maximum loaded mass of the motor vehicle: (a) as specified by the vehicle’s manufacturer; or (b) as specified by the Registration Authority if:

(ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the

manufacturer’s specification is no longer appropriate. (Act)

Heavy Vehicle means a motor vehicle or trailer that has a GVM greater than 4.5 tonnes. (

Heavy Vehicle Standards Regulations means the Heavy Vehicles Standards Regulations made under the Road Transport Reform (Vehicles and Traffic) Act 1993.



Identification Plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle under the Motor Vehicles Standards Act 1989. (Regulations)

Infringement Notice means a notice giving a person alleged to have committed an offence against the regulations the option of paying an amount instead of being charged with the offence. (Act)

Initial Registration means the first entry of a vehicle record on the Register administered by the Registration Authority.

Jurisdiction means the State or internal Territory concerned. (Act)

Modification Plate means a plate issued by or with the authority of the Registration Authority indicating that vehicle modifications have been made in accordance with road safety standards.

Motor Vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle. (Act)

Nominated Configuration means the configuration in which the heavy vehicle will operate for the registration period, as nominated by the Registered Operator. (Regulations)

Operations Plate means a plate placed on a heavy vehicle in accordance with subregulation 10 (2). (Regulations)

Origin means the immediate history of a vehicle prior to initial registration, re-registration, or transfer.

Register means the register of heavy vehicles maintained in accordance with the regulations. (Act)

Registered Operator of a heavy vehicle means the person recorded on the Register as the person responsible for the vehicle. (Act)

Registration Authority means the Authority appointed by the Minister under Section 8. (Act)



Registration Charge means the amount payable as a registration charge under the Road Transport Charges (Australian Capital Territory) Act 1993.

(Regulations)

Regulations mean the Road Transport Reform (Heavy Vehicles Registration) Regulations, 1997. (Regulations)

Renewal of Registration means the renewal of the registration for a period.

Re-registration means the re-entry of a vehicle record on the register following a cancellation of registration. This can require the inspection of the vehicle and the provision of other evidence normally required for initial registration.

Residential Address, in relation to a company or other body corporate, means its registered office or any place recorded in the register as its residential address or business address. (Regulations)

Road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles. (Act)

Road Related Area means: (a) an area that divides a road; or (b) a footpath or nature strip adjacent to a road; or (c) an area that is open to the public and is designed for use by cyclists

or animals; or (d) an area that is not a road and that is open to or used by the public

for driving, riding or parking motor vehicles; or (e) any other area that is open to or used by the public and that has

been declared under section 27 to be an area to which specified regulations apply. (Act)

Safety Risk means danger to a person, to property or to the environment. (Regulations)

Special Number Plates means number plates specifically applied for and issued to the Registered Operator or reserved by the Registration Authority. (Regulations)



Stamp Duty Legislation means legislation relating to the payment of stamp duty on the registration or transfer of registration of a motor vehicle or trailer. (Act)

Suspension means that the status of being registered of a vehicle is suspended as notified by the Registration Authority. Reinstatement of the registration does not require Re-registration. The Registered Operator is not entitled to a refund of the unused portion of the registration.

Third Party Insurance Legislation means legislation relating to: (a) compensation in respect of third parties who are injured or killed by

the use of motor vehicles or trailers; or (b) payment of contributions towards compensation of that kind. (Act)

Trade Plate means a number plate issued by the Registration Authority to a person engaged in a relevant trade to move unregistered vehicles for short term purposes. (Regulations)

Trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed. (Act)

Transfer of Registration means the recording of the passage of registered operation to another person or corporate entity.

Tribunal means a tribunal or body which is: (a) in the case of the or the Jervis Bay Territory - the Administrative

Appeals Tribunal of the Australian Capital Territory; or (b) in the case of a State or the Northern Territory - the appropriate

body for that jurisdiction. (Regulations)

Unregistered Vehicle means a vehicle that has never been registered, or that has been suspended or cancelled, or whose registration has expired.

Use of a vehicle includes standing the vehicle on a road or road related area.

(Act)

Vehicle Defect Notice means a defect notice referred in section 28(2)(a) of the Act as adopted and in force in any jurisdiction.

(Regulations) VIN means the Vehicle Identification Number allocated in accordance with the Australian Design Rules. (Regulations)



6.4 SCHEDULE 4 – EXAMPLES OF CONDITION CODES BY VEHICLE CLASS/TYPE (PART 2)

Class/type vehicle

Possible Deficiencies

Condition applicable Code Remarks

Farm tractors and agricultural machines

Inadequate lighting - position, brightness

Rotating beacon

Daylight use only

Operate only as hazard warning

TD1

SL1

G02 can be an alternative

Braking

not on all wheels or low efficiency

Restrict speed to 30 km/h S30

Some States currently mandate 40 or 25 km/h

Mass excessive Permit conditions can apply

OM3 Local issue

Dimensions exceeds ADR width, length, height or internal dimensions

1.2 < p < 2 m

p > 2 m

OS1/

OS2

Notice applies

Permit reqd.

Field of view inadequate to rear, side or forward

Speed restricted and off peak use only

S50

TD2

Serious view limitations can require G02

Tractor type mobile cranes

Inadequate lighting position, brightness Rotating beacon reqd.

Daylight use only

Only operate as necessary

TD1

SL1


Braking not on all wheels or low efficiency

Restrict speed to 30 km/h

S30 Some States currently mandate 40 or 25

Mass excessive concentration of load

Permit conditions can apply; see 6.5 above

OM3 Restricted access

Dimensions >ADR width, length, height. &/or projections (p)

1.2 < p < 2 m

p > 2 m

OS2

SL2

G02

Restricted access

Field of view inadequate side/forward view, eg RHD crane with boom obstructing normal view to left

Speed restricted and off peak use only

S20

TD2

Serious view limitations will require G02



Class/type vehicle



'All terrain ‘Mobile cranes not on truck chassis

Inadequate lighting -position, brightness, Rotating beacon reqd.

Daylight use only

Operate only as hazard warning

TD1

SL1


Mass Notice or Permit

OM2/

OM3

Restricted access

Dimensions -W L H, internal dimensions, forward and rear projections (p)

Stat. limits exceeded 1.2 < p < 2 m

p > 2 m

OS1 OS2

SL2

G02

Field of view inadequate side/forward view

Speed restricted and off -peak use only

S30

TD2

Serious view limitations will require G02, eg LHD crane with boom obstructing view to right

Amphibious and 'all terrain' vehicles

Inadequate lighting -position, brightness

Daylight use only TD1

Axles non-conforming configuration

Speed limited

Location of use limitation

S30

L03

Mass permit also reqd. if over mass

Mass Notice or Permit OM3 Access restricted

Dimensions if over-width

OS2

Tyres Non highway tyres or tracks

Restricted use S

L01

L02 L03

Intended use of vehicle to be verified, eg access for exploration in remote areas



Class/type vehicle



Vehicles built on conventional truck chassis for special purpose, eg concrete pumps, drill rigs; or special on -road vehicles eg street sweepers

Controls LHD/dual control

Operate from left only when performing required duty

G05 Dual controls normally required

Operated from RHS when travelling

Protrusions projecting forward, within overhang limits

Special delineation SL2 Projections to be guarded to minimise hazard

Dimensions Internal dimensions, eg rear overhang

Rear overhang can be increased providing within swept path requirements

OS2 Must satisfy swept path requirements

Fork lifts, straddle carriers and other industrial mobile equipment

Controls Can be LHD, dual control, bi-directional controls

Operate from appropriate control position

G05 Dual controls normally required Operated from RHS when travelling

Lighting Inadequate

Protrusions

Special lamps lit only during spec. use

L03

SL1

Restrict to daylight or floodlit areas

Dimensions External and internal

Oversize conditions OS1/OS2

Tyres non-pneumatic, etc.

Speed restricted S30



Class/type vehicle



Construction and earthmoving plant

Lighting

Daylight travel only, special use

TD1 SL1

SL4

Night travel only under permit

Brakes not on all wheels

Speed limited S30/ S50

Towing limitations apply

Protrusions can only be allowed when working eg grader

Delineation SL2 'Fold-in' while travelling

Dimensions overwidth, eg scraper

Oversize OS2

SL3

G04 can be required

Mass Overmass OM3 Ballast not to be carried

Studded tyres crawler tracks, etc.

Restricted use LO1/3/5 Apply LO... as appropriate

Conventional vehicles temporarily modified for special purpose, or 'historic' vehicles

Lighting rotating beacon fitted, or inadequate on historic vehicles

No night use SL1

TD1


Speed & ownership restricted

S30 S50 OL3

Protrusions only allowed when performing special task

Special delineation & use restrictions

S(x)

SL2

eg special pavement evaluation vehicles

Tyres non-pneumatic

Restrictions on use S30, L03, OL3

Controls LHD, unusual layouts

Use & ownership restrictions

G05, OL3

GO3 can also be required



Class/type vehicle



Trailers or towed equipment, special low-loaders, load platforms

Lighting inadequate

Daylight use only SL1 TD1

Stop and turn lights mandatory


Towing vehicle performance specified

G01

Protrusions only when performing special task

Special delineation & use restrictions

SL2

Dimensions width and length, internal dimensions

Over-size & travel restrictions

OS

TD2

Some should comply when unloaded



6.5 SCHEDULE 5 – INFORMATION PRIVACY PRINCIPLES - COMMONWEALTH PRIVACY ACT 1988 (PART 4)

PRINCIPLE 1: MANNER AND PURPOSE OF COLLECTION OF PERSONAL INFORMATION

1. Personal information shall not be collected by a collector for inclusion in a record or in a generally available publication unless: (a) the information is collected for a purpose that is a lawful

purpose directly related to a function or activity of the collector; and

(b) the collection of the information is necessary for or directly related to that purpose.

2. Personal information shall not be collected by a collector by unlawful or unfair means.

PRINCIPLE 2: SOLICITATION OF PERSONAL INFORMATION FROM INDIVIDUAL CONCERNED

Where: (a) a collector collects personal information for inclusion in

a record or in a generally available publication; and (b) the information is solicited by the collector from the

individual concerned; the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, before the information is collected or, if that is not practicable, as soon as practicable after the information is collected, the individual concerned is generally aware of:

(c) the purpose for which the information is being collected; (d) if the collection of the information is authorised or

required by or under law - the fact that the collection of the information is so authorised or required; and

(e) any person to whom, or any body or agency to which, it is the collector's usual practice to disclose personal information of the kind so collected, and (if known by the collector) any person to whom, or any body or agency to which, it is the usual practice or that first-mentioned person, body or agency to pass on that information.



PRINCIPLE 3: SOLICITATION OF PERSONAL INFORMATION GENERALLY

Where: (a) a collector collects personal information for inclusion in

a record or in a generally available publication; and (b) the information is solicited by the collector;

the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is collected:

(c) the information collected is relevant to that purpose and is up to date and complete; and

(d) the collection of the information does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.

PRINCIPLE 4: STORAGE AND SECURITY OF PERSONAL INFORMATION

A record-keeper who has possession or control of a record that contains personal information shall ensure:

(a) that the record is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and

(b) that if it is necessary for the record to be given to a person in connection with the provision of a service to the record-keeper, everything reasonably within the power of the record-keeper is done to prevent unauthorised use or disclosure of information contained in the record.

PRINCIPLE 5: INFORMATION RELATING TO RECORDS KEPT BY RECORD-KEEPER

1. A record-keeper who has possession or control of records that contain personal information shall, subject to clause 2 of this Principle, take such steps as are, in the circumstances, reasonable to enable any person to ascertain: (a) whether the record-keeper has possession or control of

any records that contain personal information; and (b) if the record-keeper has possession or control of a record

that contains such information: (i) the nature of that information; (ii) the main purposes for which that

information is used; and



(iii) the steps that the person should take if the person wishes to obtain access to the record.

2. A record-keeper is not required under clause 1 of this Principle to give a person information if the record-keeper is required or authorised to refuse to give that information to the person under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents.

3. A record-keeper shall maintain a record setting out: (a) the nature of the records of personal information kept by

or on behalf of the record-keeper; (b) the purpose for which each type of record is kept; (c) the classes of individuals about whom records are kept; (d) the period for which each type of record is kept; (e) the persons who are entitled to have access to personal

information contained in the records and the conditions under which they are entitled to have that access; and

(f) the steps that should be taken by persons wishing to obtain access to that information.

4. A record-keeper shall: (a) make the record maintained under clause 3 of this

Principle available for inspection by members of the public; and

(b) give the Commissioner, in the month of June in each year, a copy of the record so maintained.

PRINCIPLE 6: ACCESS TO RECORDS CONTAINING PERSONAL INFORMATION

Where a record-keeper has possession or control of a record that contains personal information, the individual concerned shall be entitled to have access to that record, except to the extent that the record-keeper is required or authorised to refuse to provide the individual with access to that record under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents.

PRINCIPLE 7: ALTERATION OF RECORDS CONTAINING PERSONAL INFORMATION

1. A record-keeper who has possession or control of a record that contains personal information shall take such steps (if any), by way of making appropriate corrections, deletions and additions as are, in the circumstances, reasonable to ensure that the record:



(a) is accurate; and (b) is, having regard to the purpose for which the

information was collected or is to be used and to any purpose that is directly related to that purpose, relevant, up to date, complete and not misleading.

2. The obligation imposed on a record-keeper by clause 1 is subject to any applicable limitation in a law of the Commonwealth that provides a right to require the correction or amendment of documents.

3. Where: (a) the record-keeper of a record containing personal

information is not willing to amend that record, by making a correction, deletion or addition, in accordance with a request by the individual concerned; and

(b) no decision or recommendation to the effect that the record should be amended wholly or partly in accordance with that request has been made under the applicable provisions of a law of the Commonwealth; the record-keeper shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the record any statement provided by that individual of the correction, deletion or addition sought.

PRINCIPLE 8: RECORD-KEEPER TO CHECK ACCURACY ETC. OF PERSONAL INFORMATION BEFORE USE

A record-keeper who has possession or control of a record that contains personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date and complete.

PRINCIPLE 9: PERSONAL INFORMATION TO BE USED ONLY FOR RELEVANT PURPOSES

A record-keeper who has possession or control of a record that contains personal information shall not use the information except for a purpose to which the information is relevant.

PRINCIPLE 10: LIMITS ON USE OF PERSONAL INFORMATION

1. A record-keeper who has possession or control of a record that contains personal information that was obtained for a particular purpose shall not use the information for any other purpose unless:



(a) the individual concerned has consented to use of the information for that other purpose;

(b) the record-keeper believes on reasonable grounds that use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health or the individual concerned or another person;

(c) use of the information for that other purpose is required or authorised by or under law;

(d) use of the information for that other purpose is reasonably necessary for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue; or

(e) the purpose for which the information is used is directly related to the purpose for which the information was obtained.

2. Where personal information is used for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, the record-keeper shall include in the record containing that information a note of that use.

PRINCIPLE 11: LIMITS ON DISCLOSURE OF PERSONAL INFORMATION

1. A record-keeper who has possession or control of a record that contains personal information shall not disclose the information to a person, body or agency (other than the individual concerned) unless: (a) the individual concerned is reasonably likely to have

been aware, or made aware under Principle 2, that information of that kind is usually passed to that person, body or agency;

(b) the individual concerned has consented to the disclosure; (c) the record-keeper believes on reasonable grounds that the

disclosure is necessary to prevent or lessens a serious and imminent threat to the life or health or the individual concerned or of another person;

(d) the disclosure is required or authorised by or under law; or

(e) the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue.

2. Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the



record-keeper shall include in the record containing that information a note of the disclosure.

3. A person, body or agency to whom personal information is disclosed under clause 1 of this Principle shall not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency.



6.6 SCHEDULE 6 – ASSESSMENT OF INDIVIDUAL DEFECTS (PART 5)

Against each item in this section is a suggested defect category level. These are supplied as a guide only. The level of severity of the defect may be more or less severe depending on circumstances. Where a dash (-) appears between category levels, the defect could fall within either category. Factors such as those listed below should be taken into account:

• Type of road and road features (grade, bends, intersections) • Posted speed limit • Traffic density • Weather and lighting conditions (day or night) • Type of vehicle and nature of load • Combined effect of all defects on the vehicle • If repairs can be readily effected or if the vehicle can be driven

cautiously to a place of repair • Distance and route yet to be travelled • Driver's understanding and prior knowledge of the nature and

seriousness of the defects • Opportunity for prior repairs and recent service history • Maintenance history for the owner/driver, including participation in

accreditation/alternative compliance schemes

In addition to the types of defects set out in this section, a vehicle defect notice may be issued if a vehicle does not comply with the requirements of the Road Transport Reform (Heavy Vehicle Standards) Regulations, 1995, or the Roadworthiness Guidelines issued under the Regulations.

DEFECT CATEGORIES

FORMAL WRITTEN WARNING • A formal written warning (not recorded). No defective vehicle label. • Applies in cases where the vehicle's defects do not constitute a safety

risk but should be remedied. • No clearance certification is necessary. MINOR DEFECT NOTICE • A vehicle defect notice. No defective vehicle label37.

37 The Road Transport Reform (Heavy Vehicles Registration) Regulations do not provide for the issue of a defective vehicle label for minor defects. However, a State or Territory may choose to attach a label to the vehicle and make provision for an offence for unauthorised removal of the label under local law.

Administrative Guidelines: National Driver Licensin & Heavy Vehicle Registration Schemes


• Applies where the deficiencies of the vehicle, if allowed to continue after the time specified in the notice may constitute a safety risk.

• Depending on the nature of the defect, the notice may specify that the operator may certify that faults have been rectified as an alternative to clearance by an authorised person.

• If the defect has not been cleared within the specified time limit, the registration authority may initiate action to suspend the vehicle's registration. If the defect remains uncleared at the end of the suspension period, the authority may cancel the vehicle's registration38.

MAJOR DEFECT NOTICE • A vehicle defect notice and defective vehicle label. • Applies where there is an imminent and serious safety risk. If the

nature of the defect is severe enough, then a vehicle may be "grounded".

• This notice requires clearance by an authorised person. • If the defect has not been cleared within the specified time limit, the

registration authority may initiate action to suspend the vehicle's registration. If the defect remains uncleared at the end of the suspension period, the authority may cancel the vehicle's registration.

38 The Road Transport Reform (Heavy Vehicles Registration) Regulations set out the registered

operator's rights of review of the authority's decisions.



6.6.1 Steering

6.6.1.1 Steering wheel defect

(a) The steering wheel is loose on the shaft. Major

(b) The steering wheel structure is fractured or the hub, rim or spokes are loose.

Minor

6.6.1.2 Steering freeplay

(a) With the road wheels in the straight ahead position and the engine running (if the vehicle has power steering), a point on the steering wheel rim moves more than the amount shown below without movement at the road wheel:

wheel diameter (mm) free play (mm)

up to 450 75 Major

over 450100 Major

6.6.1.3 Steering box

(a) The steering box, rack and pinion assembly, mounting brackets, bolts or couplings are cracked or loose.

Minor-Major

(b) The pitman arm is loose on the steering output shaft. Minor-Major

6.6.1.4 Power steering

(a) Power assist cylinders are loose. Minor-Major

(b) Power steering assemblies leak.

NOTE: Dampness or staining around seals is acceptable.

Minor-Major



6.6.1.5 Steering linkages

(a) Components are cracked, loose, missing worn or broken.

Major

(b) Threaded or tapered joints are loose. Minor-Major

(c) Any free play due to wear in a ball joint exceeds manufacturers’ specifications. Where these are not known or are no longer appropriate, the free play exceeds 3 mm.

NOTE: Some ball joints are spring loaded or are designed to have a certain amount of play.

Minor-6mm

Major>6mm

6.6.1.6 Steered wheel suspension and linkage play

(a) Free play at the steered road wheel rim in a horizontal or vertical plane (excluding any necessary wheel bearing play) exceeds manufacturers specifications. Where these specifications are not known or are no longer appropriate, free play exceeds the amount below:

Minor

rim diameter (mm) free play (mm)

up to 405 7

over 405 to 455 10

over 455 13



6.6.2 Suspension

6.6.2.1 Axle locating devices

(a) U-bolts or other spring to axle or spring pack clamp bolts, centre bolts, spring eyes or hangers, torque, radius or tracking component assemblies, control arms, bushes or any parts used to attach them to the vehicle frame or axle are cracked, loose, broken, missing or worn beyond manufacturers limits.

NOTE: Superficial crazing is acceptable on rubber bushes. This is often present on rubber suspension components even when new.

Minor-Major

6.6.2.2 Springs

(a) Springs are cracked or broken:

• Main spring

• Supplementary spring

Major

Minor-Major

(b) Rubber springs are cracked or missing.

NOTE: Superficial crazing is acceptable on rubber bushes. This is often present on rubber suspension components even when new.

Minor-Major

(c) Air bags leak. Minor-Major

(d) Leaves in a leaf spring are displaced by more than 10% of their width or so that they contact wheels, brakes or the frame.

Major

(e) Shock absorbers (if originally fitted) or struts are missing, loose or do not work.

Minor-Major

6.6.2.3 Sliding axles

(a) Sliding axles do not lock securely in position or have lock pins missing or not engaging.

Major

(b) Secondary securing devices and locking indicators are not fitted or inoperative.

Minor



6.6.3 Structure and body work

6.6.3.1 Exterior body panels and fittings

(a) Exterior body work or fittings on a vehicle have exposed sharp edges due to damage including corrosion or separated joints that could injure a person who comes into contact with the vehicle.

Minor-Major

6.6.3.2 Cabin and body condition

(a) Structural members of a body such as cross members, door sills, pillars or roof rails are cracked, broken or corroded to an extent that weakens the body or allows fumes to enter the cabin.

Minor-Major

(b) The cabin, body, sleeper compartment or load carrying areas are loose on the chassis or have missing mounting fasteners.

Minor-Major

(c) Tilting cabins or trays do not latch securely in their normal travelling position.

Major

6.6.3.3 Chassis

(a) The frame members of the vehicle are cracked, loose, sagging or broken.

Minor-Major

(b) The frame members supporting the steering gear, tow coupling engine, transmission, suspension or body are cracked loose or broken.

Minor-Major

(c) Frame members in load areas are missing or damaged.

Minor-Major

6.6.3.4 Doors, tailgates and compartment covers

(a) Hinges or slides for doors, tailgates, sidegates, hatches, bonnets or compartment covers are damaged or worn to the extent that any of these panels are likely to fall off, or passengers or loads held in the vehicle by them are likely to fall from the vehicle.

Minor-Major

(b) Door, gate, hatch, bonnet or compartment latches do not hold the panel securely in the closed position or do not allow passenger access doors to

Minor-Major



be opened.

6.6.3.5 Bus passenger door controls

(a) Any controls for bus passenger access doors that are operated by the driver do not work properly.

NOTE: A defect of this nature may not be considered as significant if the vehicle is used solely for private or non-commercial use.

Major

6.6.3.6 Bus emergency exits

(a) Emergency exits do not have clear access or, where required, identification signs and operating instructions are not clearly visible.

Major

(b) Equipment necessary to operate the exit is not present.

Major

(c) The exit is broken, distorted or damaged in a way that stops it working properly.

Major

(d) Any warning device to indicate the operation or condition of the exit is not in working order.

Major

NOTE: Some emergency exits are designed to be used only once. Do not operate them for testing purposes.

6.6.3.7 Interior body panels and fittings

(a) Interior body panels or fittings on a vehicle have exposed sharp edges due to damage including corrosion or separated joints that could injure a person who comes into contact with them.

Minor-Major

(b) Interior fittings in a vehicle are not securely mounted.

Minor-Major

(c) Bus floor coverings are torn, worn or loose to an extent that they could trip passengers.

Minor

(d) Bus handgrips, handrails or handstraps are loose or damaged.

Minor-Major

(e) Bus passenger stop signals do not work. Minor-Major

(f) Bus steps are damaged to an extent that they could trip or injure a person.

Major



6.6.3.8 Electrical equipment

(a) Electrical wiring or connectors are damaged or hanging loose in a way that could allow it to be damaged.

Minor-Major

(b) Batteries are not securely mounted or leak. Minor

6.6.3.9 Cargo anchor points

(a) Slide rails, pocket rails, supports or associated welds in the cargo area are broken or cracked.

Minor-Major

(b) Floor rings in cargo areas are nicked, gouged, worn, bent, stretched or have broken welds.

Minor-Major

6.6.3.10 Rear bumper (semi trailers where required)

(a) The rear bumper on a semi trailer or its supports are cracked or loose.

NOTE: Bad bends or kinks are likely to affect the bumper’s ability to withstand impact.

Minor

6.6.3.11 Spare wheel carriers

(a) A spare wheel carrier is broken or insecure. Minor-Major

6.6.4 Brakes

6.6.4.1 Brake equipment

6.6.4.1.1 Brake controls (a) Rubber faced brake pedals have the metal showing

or other brake pedals have the friction surface worn out.

Formal Warning

(b) Brake pedals or handles are broken or missing. Major

(c) Brake control mountings, pivots or links are loose or broken.

Major

(d) A ratchet or locking device on a parking brake control does not hold the control in the applied position.

Minor-Major

6.6.4.1.2 Brake pipes and hoses (a) Abrasions on brake hoses penetrate further than the Minor-Major



outer protective covering.

(b) Brake pipes, hoses or connections are cracked, broken, kinked or crimped, damaged by heat or have visible signs of collapse.

Minor-Major

(c) Brake pipes or hoses leak. Minor-Major

6.6.4.1.3 Brake drums or discs (a) Brake drums or discs are not fitted, have pieces

missing or have cracks other than short heat cracks inside the drums.

Major

(b) Drums or discs are worn beyond the manufacturer’s specifications.

Minor-Major

6.6.4.1.4 Brake operating mechanics and related components (a) Brake related components are loose, missing or

leaking. Major

(b) Shoes, springs, anchor pins, cam rollers or bushes, pull or push rods, clevis pins, retainers or brake chamber mounting bolts are missing or broken.

Major

(c) Brake chambers (including chamber clamps) or camshaft support brackets are loose, bent or cracked.

Minor-Major

(d) Brake linings or pads are missing, broken or loose on their shoes or plates. Cracks or breaks in friction materials extend to rivet holes.

Major

(e) Callipers or wheel cylinders leak. Major

(f) Linings or pads are contaminated with oil, grease or brake fluid.

Major

(g) The thickness of the linings or pads is less than the manufacturers recommended minimum. If this is not known, or is no longer appropriate the thickness of the linings or pads is less than:

• 0.8 mm above the fastener, or

• on bonded linings or pads:

− for vehicles with GVM over 4.5 tonnes—1.5 mm above the shoe or pad backing plate; or

− for vehicles with GVM 4.5 tonnes or less—

Minor-Major



0.8 mm above the shoe or pad backing plate.

(h) Reservoirs, master cylinders or servo units are loose, cracked, broken, worn or damaged in a way that makes them leak.

Major

(i) The fluid level in a master cylinder reservoir is not within the range recommended by the manufacturer. If this is not known, the reservoir is less than 1/4 full.

Minor-Major

6.6.4.2 Air compressor/vacuum pump

(a) The air compressor or vacuum pump has loose mounting bolts or cracked or broken mounting brackets, braces or adaptors.

Minor-Major

(b) Drive pulleys are cracked, broken or loose. Minor-Major

(c) Drive belts are loose, cracked through to reinforcing plies, extensively frayed or missing drive sections.

Minor-Major

(d) Filter units for air compressors or vacuum pumps are missing, loose or blocked.

Minor

6.6.5 Braking system operation

6.6.5.1 Failure indicators

(a) Any brake failure indicators do not operate when the ignition switch is put in the “check” position.

Minor

(b) Any compulsory pressure/vacuum gauges do not work.

Minor

NOTE: Defects of this nature may be considered more significant if the vehicle is used for commercial purposes.

6.6.5.2 Hydraulic brake system

(a) Under force applied for 10 seconds, after the initial travel the service brake pedal travels toward the floor; or

Minor-Major

(b) the brake system failure indicator comes on. Minor-Major



6.6.5.3 Vacuum brake system

(a) If the vehicle is fitted with a low vacuum indicator, the indicator does not come on at a vacuum level of 25 kPa or more.

Major

(b) With the engine stopped, one application of the service brake with a moderate pedal force results in the low vacuum indicator coming on.

Major

(c) If a trailer is connected to a motor vehicle, operating the service brake of the motor vehicle does not cause the trailer vacuum brakes to come on.

Major

(d) With vacuum depleted from the system and with moderate steady force applied, the brake pedal does not travel towards the floor when the engine is started.

Major

6.6.5.4 Air brake system integrity

(a) With the reservoir fully charged, the engine stopped and the service brakes fully applied, the air brake pressure drops more than 20 kPa per minute. An additional drop per minute of 5 kPa is allowable for each trailer that may be attached.

Minor-Major

(b) With the engine stopped and the service brake released, the air brake pressure drops more than 15 kPa per minute. An additional drop per minute of 5 kPa is allowable for each trailer that may be attached.

Minor-Major

(c) A visual or audible warning device connected to the air brake system does not come on when the air pressure is lowered to not less than the following levels (unless the manufacturer specifies a different level):

• 420 kPa for ADR35 vehicles, or

• 350 kPa for pre ADR35 vehicles.

Minor-Major

(d) With the engine at the manufacturers recommended maximum speed and the compressor governor in the cut-in position, the air brake compressor does not increase the air pressure in the reservoirs to the fully charged level from the level recorded in (a) within:

Minor



• 45 seconds for ADR35 vehicles, or

• 30 seconds for pre ADR35 vehicles.

(e) The governor cut-in pressure is less than 550 kPa and the cut-out pressure more than 930 kPa unless other values are recommended by the manufacturer.

Minor-Major

(f) Air reservoir drain and check valves do not work. Minor

6.6.5.5 Brake adjustment

(a) With the brakes fully applied, any stroke indicator runs out of travel or is activated.

Minor-Major

(b) Pull or push rods move more than 80% of their travel with the brakes fully applied.

Minor-Major

(c) Park brakes or emergency brake are not capable of being fully applied without the control running out of available travel.

Major

6.6.6 Wheels and tyres

6.6.6.1 Wheels

(a) The rim of a wheel is cracked. Minor-Major

(b) Disc wheels have cracks anywhere on the wheel. Minor-Major

(c) Spider wheels have cracks across a spoke, hub or web area.

Minor-Major

(d) Tubeless demountable adaptors have cracks in the spokes.

Minor

(e) Welds attaching a wheel disc to the rim or a tubeless demountable rim to an adaptor are cracked or broken.

Major

(f) Cast wheels have missing pieces. Minor-Major

(g) Wheels have weld repairs not in accordance with relevant industry practice.

Minor

(h) Valve protection lugs are missing. Minor

(i) Wheels are not compatible with the hubs. Minor-Major

(j) Wire spoke wheels have more than one spoke in each quadrant missing, loose or broken.

Major

(k) Wheel fasteners are missing, loose, cracked or Minor-Major



stripped.

(l) The fasteners are not of the correct type for the wheel being used or are not tightened in accordance with the manufacturer’s specifications.

Minor-Major

(m) Fastener holes are worn to the extent that the fastener does not contact the wheel in the intended areas.

Major

(n) Fasteners allow a rim to slip. Major

6.6.6.2 Retaining rings

(a) Lock or side rings are bent, cracked or broken. Major

6.6.6.3 Tyres

(a) Tyres are not compatible with the rims. Minor-Major

(b) Tyres are incorrectly inflated. Minor

(c) Tyres have any visible chunking, bumps or bulges. Minor-Major

(d) The breaker strip or casing ply is visible in the tread area.

Minor-Major

(e) Sidewalls of a tyre are cut, worn or damaged to the extent that the ply cord is visible.

Minor-Major

(f) The tyres or wheels on a vehicle contact the body, chassis, frame or unrelated braking, steering or suspension components.

Minor-Major

(g) Dual tyres contact each other. Minor

6.6.7 Lights and reflectors

6.6.7.1 Lights and reflectors

(a) The compulsory lights or reflectors do not work properly or are obscured.

day: Minor-Major

night: Major

(b) Compulsory indicators or warning lights do not work.

Minor-Major

(c) Optional lights or reflectors interfere with the effective operation of compulsory lights and reflectors.

Minor



6.6.8 Tow couplings

6.6.8.1 Fifth wheels

(a) Fifth wheel mounting plate or sub frame assembly securing bolts are missing, broken or loose.

Minor-Major

(b) There is movement between the fixed mounting components.

Minor-Major

(c) There is more than 5 mm horizontal movement between the pivot bracket pin and bracket or a slider bracket and slide base.

Minor-Major

(d) There are cracks in mounting angles or plates, pivot brackets, slider components or coupler plates.

Minor-Major

(e) The fifth wheel pivot bracket pin/s or bushes are missing or insecure.

Minor-Major

(f) The locking mechanism on either side of a sliding coupling do not work.

Minor-Major

(g) End stops on slides are missing or insecure. Minor

(h) King pin locking mechanism parts are missing or damaged to the extent that the king pin is not securely held.

Major

(i) The top and bottom mounting flanges and welds are loose, cracked, broken or missing.

Minor-Major

(j) The top and bottom plates, flanges and welds are cracked.

Minor-Major

(k) Ball bearing type turntables are worn beyond the manufacturer’s specifications or to the extent that the upper and lower flanges or bearing halves contact each other, or the ball bearings seize.

Minor-Major

6.6.8.2 Skid plates

(a) The vertical or horizontal movement between the upper and lower fifth wheel halves of coupled vehicles exceeds 13 mm.

Minor-Major

(b) The king pin is worn or loose. Major

(c) Skid plate or king pin on a semi trailer has missing or loose bolts.

Minor-Major

(d) Skid plates are cracked. Minor-Major



6.6.8.3 Pins, drawbar eyes and pintle hooks

(a) Pins, drawbar eyes or pintle hooks have any missing, loose, broken or cracked fasteners.

Minor-Major

(b) The area that the pin or pintle hook is mounted on is loose or cracked or any latch is insecure.

Minor-Major

(c) The pin, pintle hook or any drawbar eye attachment welds have cracks.

Minor-Major

6.6.8.4 Drawbar/tongue

(a) A drawbar or a tongue is cracked. Minor-Major

(b) There is more than 6 mm of movement between the subframe and hinged drawbar at the attachment point.

Minor-Major

(c) Any sliding drawbar latching mechanism does not work.

Minor-Major

(d) One or more stops on a sliding drawbar are missing.

Minor-Major

(e) A sliding drawbar has more than 6 mm of movement between the slider and the housing.

Minor-Major

6.6.8.5 Safety chains and cables

(a) Safety chains or cables are stretched, nicked, frayed, cracked or have insecure attachment points, clamps or fasteners.

Minor-Major

6.6.8.6 Tow bars and ball couplings

(a) Tow bars are loose, cracked or severely corroded. Minor-Major

(b) The ball coupling is loose, cracked or the latch is broken.

Major

6.6.9 Seats and seat belts

6.6.9.1 Seats

(a) Seat frames or attaching points are loose, cracked or have fasteners missing.

Minor-Major

(b) Adjustment mechanisms do not work properly or any securing device does not hold the seat in the selected position.

Minor-Major



6.6.9.2 Seat belts

(a) Seat belts or their attaching points are loose, cracked or have fasteners missing.

Minor-Major

(b) Retractors, buckles or adjustment devices do not work.

Minor-Major

(c) Webbing is cut, burnt, twisted, frayed or has broken stitching.

Minor-Major

6.6.10 Mirrors

6.6.10.1 Mirrors

(a) The minimum required reflective area of any compulsory rear view mirror has missing sections, is cracked or obscured.

Minor

(b) Mirrors are missing or not securely mounted. Minor

6.6.11 Windscreen and windows

6.6.11.1 Windscreen and windows

(a) Glazing is loose in its frame or cracked to the extent that sharp edges are exposed.

Minor

(b) The windscreen is discoloured, obscured, badly scratched, sandblasted or fractured to the extent that it interferes with the driver’s view.

Minor

(c) Fittings that obscure the driver’s view are placed in the windscreen area.

Minor-Major

(d) Any cracks in a laminated windscreen penetrate more than one layer of glass or are more than 150 mm long.

Minor

(e) For the wiped area of the windscreen in front of the driver any bullseye or star fracture exceeds 16 mm in diameter so as to interfere with the driver’s view.

Minor

(f) Windscreen wipers do not work. Dry: Minor

Wet: Major

(g) Wiper blade rubbers are missing. Dry: Minor

Wet: Major

(h) Wiper blade rubbers are cracked, hardened or frayed. Minor

(i) Windscreen washers do not work. Minor



(j) Windscreen demister does not work. Minor

6.6.12 Engine, driveline and exhaust

6.6.12.1 Exhaust system

(a) The exhaust system has missing or broken supports, hangers or fasteners.

Minor

(b) The exhaust system is holed or has leaks that allow fumes to enter the passenger compartment or sleeper cab.

Minor-Major

6.6.12.2 Engine and driveline

(a) The engine of a vehicle lets out sparks, flames, excessive gases, oil or fuel residue.

Minor-Major

(b) Engine and driveline mounts are loose, cracked, broken or have missing components.

Minor

(c) Engine and transmission controls do not work. Minor

(d) Fasteners on couplings in the driveline are missing or loose.

Minor-Major

(e) Seals on covers between the engine and the passenger compartment are missing, distorted or damaged in way that allows fumes to enter the passenger compartment.

commercial: Major

other: Minor

(f) Emission control equipment is missing or is not working.

Minor

(g) The engine and driveline leak oil on to:

• brake friction surfaces;

• the exhaust, or

• the road surface.

Minor

(h) A petrol engine vehicle with a positive crankcase ventilation system lets out crankcase fumes. Other petrol engine vehicles let out excessive crankcase fumes.

Minor

6.6.12.3 Fuel tanks (non LPG/CNG)

(a) Fuel tanks are not securely mounted, and any straps, supports, mounting brackets or fasteners are missing, loose or broken.

Minor-Major



(b) Fuel tanks are damaged or corroded so that leaks could result.

Minor-Major

6.6.12.4 LPG/CNG

(a) The certification period for the container has expired. Minor

(b) The container has gouges, bulges, is badly corroded or not securely anchored.

Minor-Major

(c) The container has dents or creases longer than 75 mm. Minor

(d) A dent in the container is deeper than 10% of the dent’s width.

Minor

(e) The compartment housing the gas container or the subcompartment on the container is not structurally sound.

Minor

(f) A joint, conduit connection or pipe bulkhead seal leaks. Conduits are kinked, damaged or badly deteriorated.

Minor-Major

(g) Service valves, excess flow valves, fuel lock valves or other controls and devices do not work.

Minor-Major

(h) Filler couplings are dirty or damaged. Minor-Major

(i) The filler cap is not securely attached. The sealing washer is missing or is badly deteriorated.

Minor-Major

(j) The filler valve housing is loose. The remote fill line is damaged.

Minor-Major

(k) Containers, valves, connections or pipes leak. Major

6.6.13 Miscellaneous

6.6.13.1 Fire extinguishers (where required)

(a) Fire extinguishers are not filled or charged. Minor

(b) Handles, nozzles or hoses of fire extinguishers are missing or damaged.

Minor

(c) The extinguishers are not securely mounted in the vehicle.

Minor



6.7 SCHEDULE 7 – VEHICLE DEFECT NOTICES, LABELS AND CLEARANCE (PART 5)

6.7.1 Information Required On A Vehicle Defect Notice Subregulation 40 (2) of the Road Transport Reform (Heavy Vehicles Registration) Regulations sets out the minimum information to be included on a vehicle defect notice: • Registration details including the registration number, unregistered

vehicle permit number (if practicable and applicable), expiry date and jurisdiction of registration.

• Name of the driver of the vehicle or, if the driver is not present when the notice is issued, the term “registered operator”.

• To the extent practicable, the vehicle's identification details including its VIN, or if there is no VIN, the chassis number or engine number, its make and type.

• Type of inspection conducted (visual, full roadside, workshop). • Details of the vehicle's defects and whether the notice is a major vehicle

defect notice or a minor vehicle defect notice. • Time and date after which the vehicle is not to be used on a road or road

related area. • Means by which the vehicle must be moved to another location

following issue of the vehicle defect notice, including whether it is required to be towed or carried. (This may include a direction that the vehicle be moved to a specific location, ie the nearest town.)

• Repair requirement, including the date after which the vehicle must not be used on a road or road related area, unless the defects have been rectified.

• Whether an infringement notice was also served in relation to the defect at that time.

• Name, official number or other identification of the member of the police force, or the registration authority who issued the notice.

In addition to this mandatory information, the notice should indicate: • How the notice may be cleared (including whether a partial or full

inspection is required) in accordance with regulation 41 (clause 6.7.3); and

• That the vehicle’s registration may be suspended if the defects are not remedied, and if the vehicle remains defective after a specified time, its registration may be cancelled in accordance with regulation 34.



6.7.2 Information Required On A Defective Vehicle Label Subregulation 40 (5) of the Road Transport Reform (Heavy Vehicles Registration) Regulations sets out the minimum information to be included on a defective vehicle label: • Registration number. • Time and date after which the vehicle is not to be used on a road or road

related area. • Means by which the vehicle must be moved to another location

following issue of the vehicle defect notice, including whether it is required to be towed or carried. (This may include a direction that the vehicle be moved to a specific location, ie the nearest town.)

• Name, official number or other identification of the member of the police force, or the registration authority who issued the vehicle defect notice.

• Date of issue of the label. • Serial number of the defect vehicle defect notice to which the label

relates.

6.7.3 Recording And Clearance Of Vehicle Defect Notices The recording and clearance requirements for vehicle defect notices are set out in regulation 41 of the Road Transport Reform (Heavy Vehicles Registration) Regulations.

The registration authority must record the following details in the register in relation to the defective vehicle: • Serial number of the notice. • Clearance date (if any) shown on the notice.

The registration authority may require an inspection to be conducted to determine whether the defects described in a vehicle defect notice have been rectified and that the heavy vehicle does not have any other defects. The notice will state whether the vehicle requires a full or partial inspection.

A vehicle defect notice may be cleared by the registration authority, a corresponding registration authority, or an authorised person.

A vehicle defect notice is cleared when: • The registration authority receives evidence, in a form approved by the

authority, that the vehicle is no longer defective. • In the case of a major vehicle defect notice⎯the authority allows the

defective vehicle label to be defaced or removed from the vehicle.

The registration authority must record in the register that the vehicle defect notice has been cleared.



A member of the police, or the registration authority who issues a vehicle defect notice may withdraw that notice at any time, by notifying the person to whom the notice was issued, and recording the withdrawal in the register.



6.8 SCHEDULE 8 - FACTORS WHICH CAN AFFECT THE RISK OR SEVERITY OF A CRASH (PART 5)

The risk levels indicated in this Attachment are approximate and are for guidance purposes only. They are based on statistical reports on road crashes and research papers on road crashes and road design. Road user factors such as age, alcohol and fatigue are not included.

TYPE OF ROAD All other factors being equal and where the road is experiencing a normal volume of traffic, the type of road (two lane undivided, four-lane divided, freeways etc) does not have a major influence on the risk of a crash. In other words, the risk of having a serious crash along a given kilometre of road is similar for all types of roads carrying their design volume of traffic. Better quality roads tend to be constructed where traffic volumes and conditions warrant them and higher traffic volumes and speeds tend to offset the improved safety of the road.

POSTED SPEED LIMIT In general the proportion of crashes which are serious increases as the speed limit increases. A crash occurring in a 100km/h zone is twice as likely to be serious than a crash in a 60km/h zone (risk level = 2 in the case of 100km/h zones).

ROAD FEATURES Crashes are about three times more likely to occur on winding and/or hilly roads than on straight level roads (risk level = 3 for winding or hilly roads). In the case of very steep roads (such as those having a special heavy vehicle speed limit) the likelihood of a crash might exceed ten times that on straight level roads. Defects affecting brake or steering performance are much more serious in these circumstances.

TRAFFIC DENSITY Up to a point the risk of a crash increases as traffic density increases. Once the traffic becomes so heavy that it moves at much lower speeds than the posted speed limit then the risk of a crash reduces (eg. peak hours in urban areas). Crash risk is small in remote areas due to very low traffic densities.

WEATHER The risk of a crash is about three times higher in wet weather than in the dry (risk level = 3 for wet weather conditions). Defects affecting visibility, brake performance and tyre performance are more serious in these circumstances.



TIME OF DAY The risk of a crash at night is about twice that in daylight (risk level = 2 for night-time). Defects affecting visibility (eg. windscreen, headlights) and being seen (eg. rear position lights) are more serious at night.

TYPE OF VEHICLE The risk of a crash (eg. reported crashes per million vehicle kilometres) is about the same for all types of vehicles except motor cycles, which are ten times more likely to be involved in a crash. However, if a crash does occur then it is almost twice as likely to be serious if a heavy vehicle is involved than if a car is involved (risk level = 2 for a heavy vehicle). In other words, the consequences of a heavy vehicle crash (irrespective of the "cause" of the crash) are likely to be more serious than that for other vehicles (except motorcycles).

NATURE OF LOAD The type of goods carried and the manner in which they are restrained might have an influence of the outcome of a crash. For example, defects on a vehicle which is carrying dangerous goods are usually more serious than those on a vehicle which is carrying general freight (risk level = 2 for vehicles carrying dangerous goods). Table 12: Examples of "high" and "low" overall risks

Overall Risk Typical Examples

High • Road with steep grades and/or numerous bends during wet weather at night.

• Heavy vehicle on road with steep grades or numerous bends during wet weather or at night.

• Heavy vehicle amongst dense traffic travelling at more than 80km/h during wet weather or at night.

• Roads with speed limit in excess of 80km/h during wet weather at night.

• Petrol tanker on road with steep grades or numerous bends.

Low • Flat, straight roads with low traffic densities. • Roads in remote areas.



6.9 SCHEDULE 9 – EXAMPLES OF CLASSIFICATION OF DEFECTS (PART 5)

This section provides examples of classification of defects, taking into account the overall crash risk (clause 5.5) and the effect of the defect (clause 5.6.1). In classifying the examples, consideration has been given to the prior knowledge of the driver/owner about the presence of a defect/hazard, and the opportunity for roadside repairs (eg. changing a tyre).

This list is confined to cases where classification of the defect depends on contributing factors (highlighted with italics) (clause 5.5.2) at the time of the inspection, but it is not intended to be a complete list of such defects. Table 13: Examples of Classification of Defects

Effect of Description of defect Defect Classification Defect Overall Crash Risk in

absence of defect (clause 5.5) High Medium Low

Driver’s view

Inoperative wiper on driver’s side when rain is falling or is likely

Major (ground)

Major

Both low beam headlights inoperative at night

Major (ground) Major

Severely scored or damaged windscreen on driver’s side at night or when rain is falling or is likely

Major Minor

Control of Vehicle

Audible air leak (leak rate specified in Roadworthiness Guidelines) in vicinity of steep grade

Major (ground) N/A1

Grossly deficient brake performance (overall braking effort less than 2.8kN/tonne of vehicle mass2)

Major (ground) Major

Brake ineffective on 20% of wheels or more (less than 2.8kN/tonne per wheel2) when in vicinity of steep grade

Major (ground) N/A

1 Where "N/A" (not applicable) is shown, it indicates that the factor results in that level of risk (high, medium

or low) being inapplicable. 2 Braking criteria refer to measurements with a roller brake testing machine or similar for vehicles complying

with Australian Design Rules 35 and 38, covering heavy vehicles brakes.



Effect of Description of defect Defect Classification Defect Overall Crash Risk in

absence of defect (clause 5.5) High Medium Low

Inoperative power steering (where manual steering effort is excessive)

Major (ground)

Major

Non-steering tyre with severe carcass damage, cuts or bulges

Major (ground)

Major

Bald tyres (insufficient tread depth3) on more than 50% of the tyres in any axle group when the road is likely to be wet

Major (ground)

Major

Other road users

No red lights at night

Major (ground)

Major

Missing mud guards Minor Warning

3 Refer to the Standards for tyre tread requirements.