ROAD TRANSPORT (VEHICLE REGISTRATION) (NO. 81 OF 1999)

Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (VEHICLE REGISTRATION) (NO. 81 OF 1999) - NOTES

DICTIONARY (See s 4)

"another jurisdiction" means a jurisdiction other than the ACT.
"Australian Transport Council" means the Australian Transport Council mentioned in section 3 of the National Road Transport Commission Act 1991 (Cwth) or its successor.
authorised person, for a provision of this Act, means—

(a) a person who is appointed as an authorised person under the Road Transport (General) Act 1999 for the provision; or

(b) a person who, under the regulations made under this Act or the Road Transport (General) Act 1999, is an authorised person for the provision.

"authority"—see road transport authority".
"corresponding law means a law of another jurisdiction under which devices, plates and documents relating to the registration of vehicles are issued.
dangerously defective vehicle—see section 24.
defective vehicle"—see section 24.
"drive a vehicle includes—

(a) be in control of the steering, movement or propulsion of the vehicle; and

(b) if the vehicle is a trailer—draw or tow the vehicle; and

"driver", of a vehicle, means the person who is driving the vehicle.
"exercise" a function includes perform a duty.
"function" includes power.
garage address, of a vehicle, means—

(a) if the vehicle is normally kept at a depot or base of operations when not in use—the main depot or base of operations of the vehicle; or

(b) if the vehicle is normally kept on a road or road related area when not in use and—

(i) the vehicle has only 1 operator—the home address of the registered operator; or

(ii) the vehicle has more than 1 registered operator and 1 or more of the operators lives in the ACT—the home address of the registered operator living in the ACT whose home address is nearest the road or road related area; or

(iii) the vehicle has more than 1 registered operator and none of the registered operators live in the ACT—the suburb and road or road related area in the ACT where the vehicle is normally kept; or

(c) if the vehicle is normally kept at a place (other than a depot, base of operations or road or road related area) when not in use—the place where the vehicle is normally kept.

"GCM" (or 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 the same time—

(a) specified by the manufacturer on an identification plate on the motor vehicle; or

(b) if there is no specification by the manufacturer on an identification plate on the motor vehicle or if the specification is not appropriate because the motor vehicle has been modified—certified by the road transport authority.

"GVM" (or gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—

(a) specified by the manufacturer on an identification plate on the vehicle; or

(b) if there is no specification by the manufacturer on an identification plate on the vehicle or if the specification is not appropriate because the vehicle has been modified—certified by the road transport authority.

"heavy vehicle" means a motor vehicle or trailer with a GVM more than 4.5 tonnes.
"home address" means—

(a) for a corporation—the address of its registered office or the address recorded in the registrable vehicles register as its home or business address; or

(b) for an individual—the address of the place where the person usually lives.

"inspect", in relation to a registrable vehicle, includes observe the vehicle's performance, with or without the use of instrumentation.
"jurisdiction" means a State, the Commonwealth or an internal Territory, including the ACT.
"motor vehicle" means a vehicle built to be propelled by a motor that forms part of the vehicle.
National Road Transport Commission means the National Road Transport Commission established by the National Road Transport Commission Act 1991 (Cwth) or its successor.
"premises" means any place.
"register"—see registrable vehicles register".
"registered, for a registrable vehicle, means registered under this Act.
"registered operator" means—

(a) for a registrable vehicle registered under this Act—a person recorded in the registrable vehicles register as a registered operator of the vehicle; or

(b) for a registrable vehicle registered under the law of another jurisdiction—a person recorded in the register of the other jurisdiction corresponding to the registrable vehicles register as a registered operator of the vehicle.

"registrable vehicle" means—

(a) any motor vehicle; or

(b) any trailer; or

"registrable vehicles register "(or register) means the registrable vehicles register required to be kept under section 6.
"responsible person", for a vehicle—see Road Transport (General) Act 1999, section 10.
"ride", for the rider of a motorbike or an animal-drawn vehicle, includes be in control of the vehicle.
"road" means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles, but does not include an area that would otherwise be a road so far as an order under section 12 (Power to include or exclude areas in road transport legislation) of the Road Transport (General) Act 1999 declares that this Act does not apply to the area.
"road related area" means—

(a) an area that divides a road; or

(b) a footpath or nature strip adjacent to a road; or

(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or

(e) a shoulder of a road; or

(f) any other area that is open to or used by the public so far as an order under section 12 (Power to include or exclude areas in road transport legislation) of the Road Transport (General) Act 1999 declares that this Act applies to the area;

but does not include an area that would otherwise be a road related area so far as an order under that section declares that this Act does not apply to the area.
road transport authority" (or "authority) means the Australian Capital Territory Road Transport Authority.

Note The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16).

road transport legislation see Road Transport (General) Act 1999, section 6.
"the regulations "made under this Act includes any publication applied, adopted or incorporated under the regulations, whether entirely or in part and with or without changes.
"this Act" (or the Act) includes the regulations under this Act.
trader's plate means a numberplate issued by the road transport authority to a person engaged in a relevant trade to move unregistered registrable vehicles for short-term purposes.
"trailer" means a vehicle being towed, or built to be towed, by a motor vehicle, but does not include a motor vehicle being towed.
unregistered vehicle permit means a permit mentioned in paragraph 7 (d) (Powers of road transport authority).
"use" a vehicle includes drive, park or stop the vehicle on a road or road related area.
"vehicle" means—

(a) any description of vehicle on wheels, other than a vehicle used on railways or tramways; or

(b) any other vehicle prescribed under the regulations.

"vehicle standard" includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle.

Section 33AA of the Interpretation Act 1967 deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 21 October 1999]

AUSTRALIAN CAPITAL TERRITORY

CONTENTS

Section

DICTIONARY

AUSTRALIAN CAPITAL TERRITORY

Road Transport (Vehicle Registration)
Act 1999

No. 81 of 1999

[Notified in ACT Gazette S65: 23 December 1999]

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