This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 October 2012, amend the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 (the principal regulations).
Regulation 5 amends regulation 6 of the principal regulations (which relates to cancellation of registration on the destruction or permanent removal of a motor vehicle). The definition of written off is amended. The effect of the amendment is that a registered person must notify the Registrar that a damaged and insured vehicle is written off if the insurer decides, for whatever reason, not to repair the vehicle and the vehicle's safe tolerance has been compromised.
Regulation 6 amends regulation 20 of the principal regulations (which relates to temporary exemption from the continuous licensing requirement). The effect of the amendments is to make it clear that—
the Registrar may grant an exemption if the Registrar is satisfied that satisfactory arrangements have been made for the payment of any unpaid fees and levies:
the Registrar may decline to grant an exemption if the Registrar is not satisfied that satisfactory arrangements have been made for the payment of unpaid fees and levies.
Regulations 7 to 9 and regulation 19 provide for revisions to some existing fees, and additional fees, for administration costs in relation to motor vehicle registration and licensing transactions.
Regulation 10 inserts a new regulation 65A into the principal regulations, which provides that the Registrar may waive, refund, or rebate an administration fee in certain circumstances.
Regulation 11 amends regulation 67 of the principal regulations (which relates to the fee for a change of registered person). The reference to the Registrar discounting the fee for a registered motor vehicle trader is omitted because a fee is now specifically provided for in Schedule 5 (see regulation 19).
Regulation 12 amends regulation 70 of the principal regulations (which provides for the apportionment of liability for licence fees and accident insurance levies). Currently, regulation 70 provides that the Registrar may apportion fees and levies in relation to a person who becomes registered in respect of a motor vehicle so the person is liable to pay only those that relate to the period after the person became the owner of the vehicle. The amendment will allow the Registrar to apportion fees and levies if a person becomes the owner of a vehicle even if no notice of acquisition of the vehicle is given under regulation 48.
Regulation 13 replaces regulation 72 of the principal regulations. The new regulation clarifies that the penalty for late payment is intended to cover debt collection costs. References in the existing regulation 72 to accident insurance levies are not carried forward because these are dealt with by the legislation relating to accident compensation.
Regulation 14 amends regulation 77 of the principal regulations (which makes it an offence to operate an unregistered or unlicensed vehicle on a road). There is currently a defence if the vehicle is being taken for inspection, servicing, or repair. The amendment clarifies that the defence is limited to repair and inspection.
Regulation 15 amends regulation 81 of the principal regulations (which makes it an offence to operate a motor vehicle for which an incorrect licence fee and accident insurance levy have been paid). The amendment inserts a reference to the recovery of
“any costs of collecting” the licence fee and mirrors the change to regulation 72 (see regulation 13).
Regulation 16 amends regulation 88 of the principal regulations (which makes it an offence to operate a motor vehicle on a road while the vehicle is exempt under regulation 20 from the continuous licensing requirement). A new subclause (2) is inserted providing for a defence if the motor vehicle was being taken for repair or obtaining evidence of vehicle inspection.
Regulation 17 updates a reference in Schedule 1 of the principal regulations to the Road User Charges Act 1977. The new reference is to the Road User Charges Act 2012.
Regulation 18 amends Schedule 2, Part 2 of the principal regulations (which lists those motor vehicles that are exempt from the requirement to pay registration and licensing fees). A new item is added relating to logging trucks and logging trailers that are only used on a road while being taken for inspection, servicing, repair, or obtaining evidence of vehicle inspection.
Regulation 20 amends Schedule 6 of the principal regulations (which sets out the penalties for offences against the regulations) to alter the monetary amounts of certain penalties and to specify some new penalties.