New South Wales Consolidated Regulations

ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2017 - REG 45

45 Suspension or cancellation of registration by TfNSW

(cf 2007 reg cl 41)

(1) Transport for NSW may suspend or cancel the registration of a registrable vehicle in accordance with this Division if--

(a) a vehicle defect notice relating to the vehicle has not been complied with and the date for compliance specified in the notice has expired, or

(b) the vehicle does not comply with the applicable vehicle standards for the vehicle, or

(c) any amounts payable in relation to the vehicle under duty legislation, the Act or this Regulation have not been paid, or

(d) the vehicle ceases to be an insured motor vehicle within the meaning of the Motor Accident Injuries Act 2017 , or

Note--: The Motor Accident Injuries Act 2017 , section 2.8 requires TfNSW to comply with a request by a licensed insurer to suspend or cancel the registration of a motor vehicle in certain circumstances.

(e) a payment in a form other than cash submitted to Transport for NSW as payment of a relevant registration charge or fees or duty is dishonoured, or

(f) a penalty imposed on the registered operator of the vehicle in respect of the operation of the vehicle is unpaid and no court order for the payment of a penalty by instalments has been made, or

(g) the registered operator of the vehicle has not complied with a court order for the payment by instalments of a penalty imposed on the registered operator in respect of the operation of the vehicle, or

(h) the vehicle has been destroyed or damaged beyond repair, or

(i) Transport for NSW reasonably believes that the ownership, possession, control or description of the registrable vehicle (or of any part of the registrable vehicle) as recorded in the Register is uncertain, or

(j) Transport for NSW has approved an application to surrender registration of the vehicle, or

(k) any tax on the vehicle under the provisions of any Act is due and unpaid, or

(l) Transport for NSW is satisfied that the registration has been issued erroneously, or

(m) Transport for NSW is, for any reason, of the opinion that the registered operator of the vehicle is not a fit and proper person to be the registered operator, or

(m1) Transport for NSW is satisfied the vehicle has been used contrary to a condition of the vehicle's registration imposed under clause 13, or

(n) the registered operator of the vehicle has failed to comply with a requirement imposed by or under this Regulation to return or surrender a number-plate for the vehicle, or

(o) the vehicle, or a part of the vehicle, is subject to a recall notice under--

(i) the Australian Consumer Law, section 122, or

(ii) the Road Vehicle Standards Rules 2019 of the Commonwealth, section 206.

(1A) Transport for NSW must, at the end of the period of 14 days after a TfNSW offensive advertising notice under clause 48C has been given to the registered operator of a registrable vehicle, cancel the registration of the vehicle in accordance with this Division, unless Ad Standards has given written notice of the withdrawal of the relevant advertising code breach notice before the expiry of the 14-day period.

(2) Transport for NSW may suspend the registration of a registrable vehicle for a period not exceeding 3 months if Transport for NSW is satisfied, on the balance of probabilities, that the registered operator of the vehicle has failed to use or manage the vehicle so as to effectively prevent repeated violations of the traffic law (whether by the registered operator or by another person authorised to use the vehicle).

(3) Transport for NSW may suspend the registration of a registrable vehicle if it appears to Transport for NSW that the registered operator of the vehicle (being a corporation) has committed an offence under section 188(1) of the Act.

(4) Transport for NSW may suspend the registration of a heavy vehicle for a period not exceeding 3 months if 3 or more M5 East Tunnel vehicle emission offences involving the vehicle are committed.

(5) An
"M5 East Tunnel vehicle emission offence" is an offence under clause 16(1) of the Protection of the Environment Operations (Clean Air) Regulation 2010 in relation to the emission of excessive air impurities by a heavy vehicle being used in the M5 East Tunnel.

(6) An M5 East Tunnel vehicle emission offence is committed if--

(a) a court convicts a person of the offence (whether or not it imposes any penalty), or

(b) an amount is paid under a penalty notice in respect of the offence, or

(c) a penalty notice enforcement order under the Fines Act 1996 is made against a person in respect of the offence.

(7) Clause 47 does not apply to a decision to suspend registration under subclause (2), (3) or (4). However, before suspending the registration of a vehicle under any of those subclauses, Transport for NSW--

(a) must give the registered operator of the vehicle notice in writing of the matters referred to in clause 47(1)(a) and (b) and the period of suspension, and

(b) may follow such other procedures prescribed by clause 47 or any other procedures that it considers appropriate.

(8) In this clause,
"traffic law" means--

(a) a provision of Chapter 4 of the Act or this Regulation, or

(b) any other provision of the road transport legislation.