(1) For
section 13(3)(d), a trade plate must not be used on an unlicensed vehicle
unless —
(a) the
vehicle complies, in every respect, with the standards and requirements set
out in Parts 8, 10 and 11 that apply to that kind of motor
vehicle; or
(b) the
vehicle complies with subregulation (2) even though it does not comply
with paragraph (a); or
(c) the
vehicle is an agricultural machine that complies with subregulation (3)
even though it does not comply with paragraph (a).
Penalty:
(a) for
a first offence, a fine of 4 PU;
(b) for
a subsequent offence, a fine of 8 PU.
Modified penalty: 1 PU.
(2) A motor vehicle
with only a cab and chassis, or that cannot be licensed as of Class A
under regulation 34 because it does not have a compliance plate fitted to
it or it is not entered on the RAV, must have —
(a)
effective steering, brakes and suspension (if fitted); and
(b) a
driver’s seat situated so that the driver has a full and uninterrupted
view of the road and any traffic ahead and on each side of the driver; and
(c)
wheels and tyres or rubber tracks; and
(d)
mudguards for each wheel or mudflaps for the rear wheels; and
(e)
lights at the front and rear; and
(f)
reflectors at the rear; and
(g) a
means of transmitting power from the engine to the drive wheels; and
(h) a
structure that will not fail when the vehicle is used for the purpose for
which it was designed.
(3) An agricultural
machine that does not comply with the standards and requirements set out in
Parts 8, 10 and 11 that apply to that kind of motor vehicle
must —
(a)
comply with subregulation (2)(a), (b), (c), (f), (g)
and (h); and
(b) have
lights at the front (if the machine is used in the daytime) and lights at the
front and rear (if the machine is used at night); and
(c)
be —
(i)
not more than 2.5 m wide, 4.3 m high and 12 m long and
comply with any applicable requirements of Part 8
Divisions 1, 2 and 3 except for regulations 171 to
178; or
(ii)
more than 2.5 m but not more than 3.5 m wide and not more
than 4.3 m high and 12 m long and —
(I) comply with each mass, dimension or
loading requirement that applies to the vehicle; and
(II) if driven at
night on a road, fitted with the lights and reflectors that must be fitted to
the vehicle under these regulations and have those lights lit; and
(III) not used on a
road within the metropolitan region during peak hours;
or
(iii)
more than 3.5 m but not more than 6 m wide and not
more than 4.3 m high and 12 m long and —
(I) comply with each mass, dimension or
loading requirement that applies to the vehicle; and
(II) not used on a
road without the prior written approval of the Commissioner of Main Roads;
or
(iv)
more than 4.3 m but not more than 4.6 m high and not
used on a road without the prior written approval of each corporation, as
defined in the Electricity Corporations Act 2005 section 3(1), whose
property for the transmission and distribution of electricity may be at risk
of damage by the vehicle’s use on the road.
(4)
Regulation 232 does not apply to a motor vehicle bearing trade plates
driven on a road if the vehicle complies with the requirements of
subregulation (2).
[Regulation 137 amended: SL 2021/81
r. 5.]