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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
VEHICLE AND TRAFFIC AMENDMENT (ROAD
VEHICLE STANDARDS) BILL 2020
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Further amendment of regulations not prevented
4. Consequential amendments
PART 2 - REPEAL OF ACT
5. Repeal of Act
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
[Bill 8]-IV
2
VEHICLE AND TRAFFIC AMENDMENT (ROAD
VEHICLE STANDARDS) BILL 2020
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
18 August 2020
(Brought in by the Minister for Infrastructure and Transport,
the Honourable Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Vehicle and Traffic Act 1999, the
Motor Vehicle Traders Act 2011 and the Taxi and Hire
Vehicle Industries Act 2008 and various regulations
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Vehicle and Traffic
Amendment (Road Vehicle Standards) Act 2020.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 8] 3
Vehicle and Traffic Amendment (Road Vehicle Standards) Act
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s. 3 Part 1 - Preliminary
3. Further amendment of regulations not prevented
The amendment by this Act of a provision of any
rules or regulations does not prevent that or any
other provision of those rules or regulations from
being amended or rescinded by a later Act, rules
or regulations.
4. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
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Vehicle and Traffic Amendment (Road Vehicle Standards) Act
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Part 2 - Repeal of Act s. 5
PART 2 - REPEAL OF ACT
5. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
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SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 4
Motor Vehicle Traders Act 2011
1. Section 3(1) is amended as follows:
(a) by omitting the definition of Australian
Design Rules and substituting the
following definition:
ADR means -
(a) the vehicle standards
(Australian Design Rules)
determined under the
MVSA and as amended or
replaced from time to
time; or
(b) a national road vehicle
standard determined
under section 12 of the
RVSA and as amended or
replaced from time to
time;
(b) by omitting the definition of compliance
plate and substituting the following
definition:
compliance plate means an
identification plate approved to
be attached, or taken to have been
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Vehicle and Traffic Amendment (Road Vehicle Standards) Act
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attached, to a vehicle under the
MVSA;
(c) by inserting the following definition after
the definition of motor vehicle trader
licence:
MVSA means the Motor Vehicle
Standards Act 1989 of the
Commonwealth, as in force
immediately before its repeal;
(d) by inserting the following definitions
after the definition of purchaser:
RAV means the Register of Approved
Vehicles kept under section 14(1)
of the RVSA;
RVSA means the Road Vehicle
Standards Act 2018 of the
Commonwealth;
2. Section 30(2)(d) is amended by inserting after
subparagraph (ii) the following subparagraph:
(iii) in the case of a vehicle that is entered on
the RAV via an entry pathway under
section 15(2) of the RVSA, the year so
stated or represented is not or may not be
the year in which the vehicle was entered
on the RAV; or
3. Section 42 is amended as follows:
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(a) by omitting paragraph (c) from
subsection (1) and substituting the
following paragraph:
(c) the motor vehicle -
(i) was fitted with its
compliance plate less than
7 years before its sale or
exchange; or
(ii) is entered on the RAV via
an entry pathway under
section 15(2) of the
RVSA less than 7 years
before its sale or
exchange.
(b) by omitting paragraph (c) from
subsection (2) and substituting the
following paragraph:
(c) the motor cycle -
(i) was fitted with its
compliance plate less than
3 years before its sale or
exchange; or
(ii) is entered on the RAV via
an entry pathway under
section 15(2) of the
RVSA less than 3 years
before its sale or
exchange; and
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Motor Vehicle Traders Regulations 2012
1. Schedule 2 is amended by omitting
Date compliance plate
fitted to vehicle
and substituting:
Date compliance plate
fitted to vehicle or
date the vehicle was
entered on the RAV
via an entry pathway
under section 15(2) of
the RVSA
Passenger Transport Services Regulations 2013
1. Clause 2(1) of Schedule 1 is amended by
omitting the definition of compliant seatbelt and
substituting the following definitions:
compliant seatbelt means a seatbelt that
complies with the relevant second edition
ADR or third edition ADR;
second edition ADR has the same meaning as
in the Vehicle and Traffic (Vehicle
Standards) Regulations 2014;
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third edition ADR has the same meaning as in
the Vehicle and Traffic (Vehicle
Standards) Regulations 2014.
Road Rules 2019
1. Clause 1 of Schedule 5 is amended as follows:
(a) by inserting "of the Commonwealth, as
in force immediately before its repeal"
after "Motor Vehicle Standards Act
1989" in paragraph (b) of the definition
of bicycle;
(b) by omitting the definition of GVM and
substituting the following definition:
GVM, for a vehicle, means the
maximum loaded mass of the
vehicle -
(a) as specified on the RAV
for that vehicle; or
(b) if it is not specified on the
RAV, as specified by the
vehicle's manufacturer on
an identification plate on
the vehicle; or
(c) if it is not specified on the
RAV or an identification
plate, or if the
specification is not
appropriate because the
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vehicle has been
modified, as certified by a
vehicle registration
authority;
(c) by inserting the following definition after
the definition of railway employee:
RAV means the Register of Approved
Vehicles kept under section 14(1)
of the Road Vehicle Standards
Act 2018 of the Commonwealth;
Taxi Industry Regulations 2018
1. Regulation 3(1) is amended by omitting the
definition of ADR 21 and substituting the
following definition:
ADR 21 means the Vehicle Standard
(Australian Design Rule 21/00 -
Instrument Panel) 2006 determined
under -
(a) the MVSA; or
(b) section 12 of the Road Vehicle
Standards Act 2018 of the
Commonwealth, as amended
from time to time;
Taxi and Hire Vehicle Industries Act 2008
1. Section 3 is amended as follows:
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(a) by omitting the definition of compliance
plate and substituting the following
definition:
compliance plate means an
identification plate approved to
be placed, or taken to have been
placed, on a vehicle under the
MVSA;
(b) by inserting the following definition after
the definition of motor vehicle:
MVSA means the Motor Vehicle
Standards Act 1989 of the
Commonwealth as in force
immediately before its repeal;
Vehicle and Traffic (Driver Licensing and Vehicle
Registration) Regulations 2010
1. Regulation 54(1) is amended by omitting
paragraph (a) and substituting the following
paragraphs:
(a) that the vehicle is entered on the RAV
via an entry pathway under section 15(2)
of the RVSA: or
(ab) an identification plate relating to the
vehicle; or
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Vehicle and Traffic (Vehicle Standards) Regulations 2014
1. Regulation 13 is amended by omitting paragraph
(c) and substituting the following paragraph:
(c) despite the non-compliance -
(i) approval was given, under section
10A(2) or (3) of the MVSA, to
place an identification plate on
that vehicle; or
(ii) approval was given under item
4(2) or 6(2) of Schedule 3 to the
Road Vehicle Standards
(Consequential and Transitional
Provisions) Act 2018 of the
Commonwealth; or
(iii) the vehicle satisfied the
requirements of an entry pathway
under section 15(2) of the RVSA
and the vehicle is entered on the
RAV; and
2. Regulations 14 and 15 are rescinded and the
following regulation is substituted:
14. What is an ADR
An ADR (Australian Design Rule) is -
(a) a second edition ADR; or
(b) a third edition ADR.
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3. Regulation 16 is amended as follows:
(a) by omitting "a national standard" and
substituting "an ADR";
(b) by omitting "national standard" second
occurring and substituting "ADR".
4. Regulation 18 is rescinded and the following
regulation is substituted:
18. What is a third edition ADR
A third edition ADR is -
(a) a national standard determined
under the MVSA as in force from
time to time before the repeal of
that Act; or
(b) a national road vehicle standard
determined under section 12 of
the RVSA.
5. Regulations 21 and 22 are rescinded and the
following regulations are substituted:
21. Exception to compliance with ADRs: light
vehicles that are not road vehicles
A light vehicle need not comply with an
ADR applying to it under
regulation 19(1) or regulation 20(1) if -
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(a) a determination, or declaration,
under section 5B of the MVSA
provided that the vehicle is not a
road vehicle for the purposes of
that Act; or
(b) a determination under section
6(5)(b) or 6(6)(b) of the RVSA
provides that the vehicle is not a
road vehicle for the purposes of
that Act.
22. Exception to compliance with ADRs: Motor
Vehicle Standards Act
(1) A light vehicle need not comply with an
ADR applying to it under
regulation 19(1) or regulation 20(1) if -
(a) despite the non-compliance -
(i) approval was given, under
section 10A(2) or (3) of
the MVSA, to place an
identification plate on that
vehicle; or
(ii) approval is given under
item 4(2) or 6(2) of
Schedule 3 to the Road
Vehicle Standards
(Consequential and
Transitional Provisions)
Act 2018 of the
Commonwealth; and
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(b) the vehicle complies with the
approval conditions, if any.
(2) A vehicle need not comply with an ADR
applying to it under regulation 19(1) or
regulation 20(1) if -
(a) either -
(i) the vehicle was approved
to be supplied to the
market under section
14A(1) of the MVSA; or
(ii) an approval is given under
item 11(2) of Schedule 3
to the Road Vehicle
Standards (Consequential
and Transitional
Provisions) Act 2018 of
the Commonwealth; and
(b) the vehicle complies with the
approval conditions, if any.
(3) A vehicle need not comply with an ADR
applied by regulation 19(1) or
regulation 20(1) if -
(a) the vehicle was approved to be
used in transport in Australia
under section 15(2) of the
MVSA; and
(b) the vehicle complies with the
approval conditions, if any.
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22A. Vehicles subject to particular approvals
under RVSA
A vehicle need not comply with an ADR
applying to it under regulation 19(1) or
20(1) if -
(a) the vehicle satisfied the
requirements of an entry pathway
under section 15(2) of the RVSA;
and
(b) despite non-compliance with the
ADR, the vehicle is entered on
the RAV; and
(c) the vehicle complies with the
approval conditions, if any.
6. Regulation 23 is amended by omitting
subregulation (1) and substituting the following
subregulation:
(1) In this regulation -
personally imported vehicle means a
light vehicle built after 1968 that
is imported into Australia by a
person who -
(a) before the vehicle was imported
into Australia, owned and used
the vehicle for a continuous
period of at least -
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(i) in the case of a vehicle
owned by the person
before 9 May 2000 - 3
months; or
(ii) in any other case - 12
months; or
(b) has -
(i) in the case of a vehicle
that was imported before
the repeal of the MVSA,
undertaken to comply
with any requirements
relating to road safety
imposed on the vehicle
under the Motor Vehicle
Standards Regulations
1989 of the
Commonwealth; or
(ii) in any other case,
complied with the RVSA
and any rules made under
it.
7. Regulation 24 is amended by omitting "a
national standard" and substituting "an ADR".
8. Regulation 126 is amended by omitting
subregulation (3) and substituting the following
subregulation:
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(3) For subregulation (4), a vehicle is taken
to have been manufactured -
(a) if the vehicle is entered on the
RAV, in the month stated as its
month of manufacture on the
RAV; or
(b) if the vehicle is not entered on the
RAV, in the month shown on its
identification plate as its month
of manufacture.
9. Regulation 131 is rescinded and the following
regulation is substituted:
131. Meaning of certified to ADR 83/00
For this Division, a light motor vehicle is
certified to ADR 83/00 if -
(a) approval was given, under section
10A of the MVSA, to place
identification plates showing
compliance with ADR 83/00 on
that motor vehicle; or
(b) approval is given under item 4(2)
or 6(2) of Schedule 3 to the Road
Vehicle Standards (Consequential
and Transitional Provisions) Act
2018 of the Commonwealth; or
(c) the vehicle satisfied the
requirements of an entry pathway
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under section 15(2) of the RVSA,
including compliance with
ADR 83/00, and the vehicle is
entered on the RAV.
Vehicle and Traffic Act 1999
1. Section 3(1) is amended as follows:
(a) by omitting the definition of ADR and
substituting the following definition:
ADR means -
(a) the vehicle standards
(Australian Design Rules)
determined under the
MVSA and as amended or
replaced from time to
time; or
(b) a national road vehicle
standard determined
under section 12 of the
Road Vehicle Standards
Act 2018, as amended or
replaced from time to
time;
(b) by omitting the definitions of GCM and
GVM and substituting the following
definitions:
GCM for a motor vehicle, also known
as the gross combination mass for
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a motor vehicle, means the
greatest possible sum of the
maximum loaded mass of the
motor vehicle and of any vehicles
that may be towed by it at the
same time -
(a) as specified on the RAV
for that vehicle; or
(b) if it is not specified on the
RAV, as specified by the
vehicle's manufacturer on
an identification plate on
the vehicle; or
(c) if it is not specified on the
RAV or an identification
plate, or if the
specification is not
appropriate because the
motor vehicle has been
modified, as certified by a
vehicle registration
authority;
GVM for a vehicle, also known as the
gross vehicle mass for a vehicle,
means the maximum loaded mass
of the vehicle -
(a) as specified on the RAV
for that vehicle; or
(b) if it is not specified on the
RAV, as specified by the
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vehicle's manufacturer on
an identification plate on
the vehicle; or
(c) if it is not specified on the
RAV or an identification
plate, or if the
specification is not
appropriate because the
vehicle has been
modified, as certified by a
vehicle registration
authority;
(c) by omitting "under the Motor Vehicle
Standards Act 1989 of the
Commonwealth" from the definition of
identification plate and substituting ",
under the MVSA";
(d) by inserting the following definition after
the definition of motor vehicle:
MVSA means the Motor Vehicle
Standards Act 1989 of the
Commonwealth, as in force
immediately before its repeal;
(e) by inserting the following definition after
the definition of public passenger
vehicle:
RAV means the Register of Approved
Vehicles kept under section 14(1)
of the RVSA;
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(f) by inserting the following definition after
the definition of road safety
disqualification notice:
RVSA means the Road Vehicle
Standards Act 2018 of the
Commonwealth;
2. Section 40A(3)(c) is amended by omitting
subparagraph (i) and substituting the following
subparagraphs:
(i) national standards under the MVSA;
(ia) national standards under the RVSA;
3. Schedule 2 is amended by omitting the definition
of compliance plate from clause 1 of Part 1 and
substituting:
compliance plate means an identification
plate approved to be placed, or taken to
have been placed, on a vehicle under the
MVSA;