Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--VEHICLE REGISTRATION) REGULATION 2021 - REG 144

144 Offence to use written-off vehicle on road

(1) A person must not use a vehicle, or permit a vehicle to be used, on a road if the vehicle is recorded in a vehicle register as a written-off vehicle.

Penalty—

Maximum penalty—20 penalty units.

(2) However, if the vehicle is a registered vehicle that is a repairable write-off, the person does not commit an offence against subsection (1) if—

(a) the vehicle is recorded in a vehicle register as a repairable write-off that has been repaired; or

(b) both of the following apply—

(i) the person drives or tows the vehicle—

(A) to a place mentioned in subsection (3) ; or

(B) for the testing mentioned in subsection (4) ;

(ii) the driving, towing or testing is necessary for, or reasonably connected with, changing a vehicle register so the vehicle is no longer recorded as a repairable write-off; or

(c) the person is acting in accordance with an approval given by the chief executive for the vehicle.

Note—

The chief executive may give the approval verbally or in writing.

(3) Each of the following is a place for subsection (2) (b) (i) (A) —

(a) an AIS, or departmental inspection site, if the vehicle is driven or towed to the AIS or site for inspection to obtain an inspection certificate for the vehicle;

(b) a written-off vehicle inspection site, if—

(i) a current inspection certificate is in effect for the vehicle; and

(ii) the vehicle is driven or towed to the site for the purpose of obtaining a written-off vehicle inspection report;

(c) the vehicle’s garage address, if an inspection certificate is in effect for the vehicle;

(d) another place at which a person may inspect or investigate the vehicle—

(i) to assess whether the vehicle complies with the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or

(ii) for a purpose relating to identifying the vehicle.

Examples—

• a place for inspection by an authorised officer or the Queensland Police Service

• a place for obtaining a gas certificate

• a place for having an identifying number stamped

(4) The testing for subsection (2) (b) (i) (B) is testing to confirm the safe operation of the vehicle as part of an inspection mentioned in subsection (3) (a) .

(5) In this section—

"repairable write-off" includes a vehicle that is, under a corresponding law to this regulation, equivalent to a repairable write-off.

"vehicle register" means—

(a) the register; or

(b) another register, kept under a corresponding law to this regulation, that is equivalent to the register.

"written-off vehicle" includes a vehicle that is, under a corresponding law to this regulation, equivalent to a written-off vehicle.