South Australian Current Regulations South Australian Current Regulations (1) In this
Part—
"bus" means a motor vehicle, built mainly to carry people, that seats more
than 9 adults (including the driver);
"category 1 vehicle" means—
(a) a
bus with a GVM greater than 3.5 tonnes; or
(b) a
prime mover with a GVM greater than 4.5 tonnes; or
(c) a
trailer with a GVM greater than 4.5 tonnes; or
(d) a
truck with a GVM greater than 3.5 tonnes;
"category 1 vehicle technical guide" means the document entitled Damage
Assessment Criteria for the Classification of Heavy Vehicle
Statutory Write-Offs published by Austroads Ltd in December 2019, as in force
from time to time;
"category 2 vehicle" means any motor vehicle with a GVM not exceeding 4.5
tonnes that is not—
(a) a
category 1 vehicle; or
(b) a
trailer;
"category 2 vehicle technical guide" means the document entitled Damage
Assessment Criteria for the Classification of Light Vehicle
Statutory Write-Offs published by Austroads Ltd in December 2019, as in force
from time to time;
"corresponding law" means a law of another State or a Territory of the
Commonwealth that corresponds to the provisions of this Part;
"hail damage" to a motor vehicle means damage sustained to the vehicle by the
direct impact of hail stones;
"interstate written-off vehicle" means a motor vehicle that, for the purposes
of a corresponding law, is recorded in a register maintained by the
vehicle registration authority of another State or a Territory of the
Commonwealth as a written-off vehicle, statutory write-off,
repairable write-off or wrecked vehicle (as defined in that
corresponding law);
"notifiable vehicle" means—
(a) a
category 1 vehicle that is a written-off vehicle; or
(b) a
category 2 vehicle that—
(i)
is less than 15 years of age; and
(ii)
is 1 of the following:
(A) a motor vehicle (other than a motor
bike or trailer) to which the Australian Design Rules apply;
(B) a motor bike;
(C) a caravan; and
(iii)
is a written-off vehicle;
(c) an
interstate written-off vehicle; or
(d) if a
motor vehicle referred to in a preceding paragraph is wrecked or wholly or
partly disassembled—any part of the vehicle that bears a vehicle
identification plate or vehicle identification number;
"repairable write-off" means—
(a) a
category 1 vehicle that has been substantially stripped (within the meaning of
the category 1 vehicle technical guide) and returned to the insured person as
part of a settlement of the insurance claim that resulted in the vehicle being
determined to be a total loss; or
(b) a
motor vehicle that is written-off but is not a statutory write-off;
"sell" means sell whether by treaty or auction and whether on one's own behalf
or on behalf of others;
"statutory write-off" means—
(a) a
category 1 vehicle that meets the assessment criteria as a statutory write-off
specified in the category 1 vehicle technical guide; or
(b) a
category 2 vehicle to which the Australian Design Rules apply (other than a
motor bike, caravan or trailer) that meets the assessment criteria as a
statutory write-off specified in the category 2 vehicle technical guide; or
(c) a
motor bike or caravan that—
(i)
has been burned to such an extent that it is fit only for
wrecking or scrap; or
(ii)
has been stripped of all, or a combination of most,
interior and exterior body parts, panels and components (such as, for example,
the engine and gearbox (if applicable), wheels, guards, body and chassis
components or assemblies); or
(d) a
motor bike that—
(i)
has been fully immersed in salt water for any period; or
(ii)
has been fully immersed in fresh water for more than 48
hours; or
(iii)
has impact damage (excluding scratching) to the
suspension and at least 2 areas of structural frame damage;
"total loss" means a motor vehicle damaged by accident, collision, demolition,
dismantling, fire, flood, trespass or other event to the extent that its fair
salvage value, when added to the cost of repairing it for use on a road or
road related area, would be more than its fair market value immediately before
the event that caused the damage;
"truck" means a rigid motor vehicle that is built mainly as a load carrying
vehicle;
"vehicle dealer" means a person who carries on the business of selling motor
vehicles;
"vehicle registration authority" in relation to another State or a Territory
of the Commonwealth, means the person or body responsible for registering
motor vehicles in that State or Territory;
"vehicle wrecker" means a person who carries on the business of wrecking motor
vehicles or disassembling motor vehicles for salvage;
"written-off"—see subregulation (2);
"written-off vehicle" means a motor vehicle that is a repairable write-off or
a statutory write-off;
"written-off vehicle notices" means notices (including labels) issued by the
Registrar for the purpose of being affixed to written-off vehicles or vehicle
parts in accordance with regulation 74.
(2) For the purposes
of this Part—
(a)
hail damage to a motor vehicle is of a "cosmetic nature" if there is no
evidence of—
(i)
structural damage to the vehicle; or
(ii)
water damage to the interior of the vehicle;
(b) a
motor vehicle is "written-off" if the vehicle—
(i)
is a total loss; or
(ii)
is to be, or has been, wrecked or wholly or partly
disassembled for salvage; or
(iii)
is to be, or has been, sold or acquired for wrecking or
disassembling for salvage.
(3) For the purposes
of this Part, the age of a motor vehicle is to be determined from the date of
its manufacture.