Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010

1Short title

This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010.

2Commencement

This regulation commences on 1 September 2010.

3Definitions

The dictionary in schedule 4 defines particular words used in this regulation.

3AApplication to light vehicle in heavy combination

Subject to section 13A, this regulation applies to a light vehicle even if the light vehicle forms part of a heavy combination under the Heavy Vehicle National Law (Queensland).

s 3A ins 2014 SL No. 8 s 94

3BMeasurements

(1)For this regulation, the distance between axles is measured between the centres of the wheels mounted on the axles and parallel to the length of the vehicle.

(2)For this regulation, other than part 2A, division 3, the width of a light vehicle is measured disregarding any of the following—

(a)anti-skid devices mounted on wheels;

(b)central tyre inflation systems;

(c)lights;

(d)mirrors;

(e)reflectors;

(f)signalling devices;

(g)tyre pressure gauges;

(h)permanently fixed webbing assembly-type devices unless the width of the vehicle, including any part of a permanently fixed webbing assembly-type device, is more than 2.55m.

Example of a permanently fixed webbing assembly-type device—

a device made of webbing permanently fixed to the side curtain of a vehicle to secure the curtain

s 3B ins 2014 SL No. 8 s 94

amd 2015 SL No. 18 s 4

3CWhen a motor vehicle is primarily designed for the carriage of goods

For this Regulation, a motor vehicle is primarily designed for the carriage of goods if the amount that is equal to the number of seating positions in the vehicle, multiplied by 68kg, is less than the amount that is 50% of the difference between the GVM of the vehicle and the unladen mass of the vehicle.

s 3C ins 2017 SL No. 170 s 17

4Vehicle standards

(1)The vehicle standards are based on the Australian Vehicle Standards Rules 1999 contained in the National Transport Commission (Road Transport Legislation—Vehicle Standards) Regulations 2006 (Cwlth), schedule 2 to the extent the rules apply to light vehicles.

(2)The vehicle standards are set out in schedule 1.

s 4 amd 2014 SL No. 8 s 95

5Compliance with vehicle standards

(1)A person must not drive or park, or permit someone else to drive or park, a light vehicle on a road—

(a)unless—

(i)the vehicle is fitted with the equipment (the equipment) mentioned in, or required by, the vehicle standards, other than optional equipment, that is appropriate to the vehicle; and

(ii)if the vehicle is fitted with the equipment—the equipment complies with the requirements specified in the vehicle standards; and

(iii)the vehicle is otherwise constructed and loaded to comply with the vehicle standards; and

(iv)the vehicle, its parts and equipment are in safe condition; and

(v)optional equipment fitted to the vehicle complies with the requirements in the vehicle standards for the optional equipment; and

(vi)the stationary noise level of the vehicle complies with the vehicle standards; or

(b)if the vehicle is not unsafe, but it is otherwise defective.

Maximum penalty—20 penalty units.

(2)Without limiting subsection (1)(a)(i), a light vehicle is taken to be fitted with the equipment mentioned in subsection (1)(a)(i) only if—

(a)if the vehicle standards impose a requirement for fitting the equipment to the vehicle—the equipment is fitted as required by the standards; or

(b)otherwise—the equipment is fitted securely to the vehicle.

(3)Without limiting subsection (1)(a)(v), optional equipment fitted to a light vehicle is taken to comply with the requirements of the vehicle standards only if—

(a)if the vehicle standards impose a requirement for fitting the optional equipment to the vehicle—the equipment is fitted as required by the standards; or

(b)otherwise—the optional equipment is fitted securely to the vehicle.

s 5 amd 2014 SL No. 8 s 96

6Identification and modification plates

(1)A person must not, without the chief executive’s approval—

(a)alter or deface an identification plate on a light vehicle; or

(b)remove an identification plate from a light vehicle.

Maximum penalty—20 penalty units.

(2)A person must not, without the chief executive’s approval—

(a)alter a modification plate on a light vehicle; or

(b)remove a modification plate from a light vehicle.

Maximum penalty—40 penalty units.

s 6 amd 2014 SL No. 8 s 97

div hdg amd 2014 SL No. 8 s 98

7When a light vehicle is defective

(1)A light vehicle is defective if—

(a)a part of the vehicle—

(i)does not comply with the requirements specified in the vehicle standards; or

(ii)does not perform its intended function; or

(iii)has deteriorated to an extent that it can not be reasonably relied on to perform its intended function; or

(b)equipment mentioned in, or required by, the vehicle standards, other than optional equipment, fitted to the vehicle—

(i)does not comply with the requirements specified in the vehicle standards; or

(ii)does not perform its intended function; or

(iii)has deteriorated to an extent that it can not be reasonably relied on to perform its intended function; or

(c)optional equipment fitted to the vehicle—

(i)does not comply with the requirements specified in the vehicle standards for the optional equipment; or

(ii)does not perform its intended function; or

(iii)prevents, or is likely to prevent, the vehicle, its parts or equipment—

(A)from complying with the requirements in the vehicle standards; or

(B)from performing its intended function; or

(iv)has deteriorated to an extent that it can not be reasonably relied on to perform its intended function; or

(d)the vehicle’s odometer—

(i)does not perform its intended function; or

(ii)has deteriorated to an extent that it can not be reasonably relied on to perform its intended function; or

(e)the vehicle is unsafe; or

(f)the vehicle does not comply with the Code of Practice—Vehicle Inspection Guidelines (the vehicle inspection code of practice).

Note—

This code of practice is available on the department’s website. At the commencement of this note the website was www.tmr.qld.gov.au.

(2)In this section—

part, of a light vehicle, includes a part of the vehicle that is necessary for the control of emissions of gas, particles or noise.

s 7 amd 2014 SL No. 8 s 99

8Defect notices

(1)Subsection (2) applies if an authorised officer reasonably believes—

(a)that a light vehicle is defective; or

(b)that a light vehicle is not defective, but that driving or parking it on a road would, for another reason, be in contravention of section 5.

(2)The authorised officer may, by notice in the approved form (a defect notice), require the owner of the vehicle to take stated reasonable action to ensure that the vehicle is not defective or that driving or parking it on a road would not, for another reason, be in contravention of section 5.

(3)A person must comply with a requirement of a defect notice given under subsection (2), unless the person has a reasonable excuse.

Maximum penalty—30 penalty units.

(4)A person need not comply with a requirement of a defect notice if—

(a)the vehicle’s registration is cancelled and the person gives the authorised officer who issued the defect notice written notice of that fact within 7 days after the cancellation; or

(b)the vehicle is disposed of to a dealer and the person gives the chief executive written notice of the name and address of the dealer within 7 days after the disposal.

(5)A defect notice may be given to—

(a)the vehicle’s owner; or

(b)a person who is driving the vehicle when the defect notice is issued, whether or not the driver is also the owner.

(6)If the driver to whom a defect notice is given is not the owner, the driver must give the defect notice to the owner as soon as practicable but in any case within 48 hours after receiving the notice, unless the driver has a reasonable excuse.

Maximum penalty—30 penalty units.

(7)An authorised officer may state in a defect notice that the prohibition on use of the vehicle does not operate if the person driving the vehicle complies with conditions stated in the notice.

Example for subsection (7)—

If a light vehicle has faulty windscreen wipers, a person may be prohibited from driving the vehicle only while it is raining.

s 8 amd 2013 SL No. 294 s 4; 2014 SL No. 8 s 100

9Defective vehicle label

(1)If an authorised officer issues a defect notice for a light vehicle, the officer may also attach a label (a defective vehicle label) to a conspicuous part of the vehicle.

(2)A person must not remove a defective vehicle label from the vehicle, unless the person has a reasonable excuse.

Maximum penalty—30 penalty units.

(3)However, an authorised officer may remove the label if the officer is reasonably satisfied the vehicle is no longer defective.

s 9 amd 2014 SL No. 8 s 101

sdiv hdg amd 2014 SL No. 8 s 102

10Modifying light vehicle

(1)A person must not—

(a)modify a chassis of a light vehicle; or

(b)modify a light vehicle, its parts or equipment in a way that may adversely affect the safety of the vehicle; or

(c)fit a light or reflector to a light vehicle unless the light or reflector is required to be fitted to the vehicle or is optional equipment for the vehicle—

(i)under section 5; or

(ii)under a guideline or permit issued under section 14; or

(d)modify a light motor vehicle’s silencing device if the modification reduces, or is likely to reduce, the effectiveness of the device.

Maximum penalty—20 penalty units.

(2)However, a person does not contravene subsection (1) if—

(a)the modification complies with the chief executive’s approval under section 13(2)(b) or with an approved code of practice within the meaning of section 13(7); or

(b)the person reasonably believes the vehicle is not to be used on a road.

s 10 amd 2012 SL No. 138 s 7; 2014 SL No. 8 s 103

11Modified silencing device

A person must not drive a light motor vehicle on a road if the vehicle’s silencing device has been modified to reduce, or to be likely to reduce, the effectiveness of the device.

Maximum penalty—20 penalty units.

s 11 amd 2014 SL No. 8 s 104

13Approval of modified vehicle

(1AA)This section applies to the following vehicles (each a modified vehicle)—

(a)a modified light vehicle;

(b)a modified heavy vehicle if the modification is covered by code S13 of the approved code of practice called the Queensland Code of Practice—Vehicle Modifications.

(1)Subject to subsection (6), the owner of a modified vehicle must ensure the vehicle is not driven or parked on a road unless the modification has been approved by an authorised officer or approved person.

Maximum penalty—60 penalty units.

(2)After inspecting a vehicle, an authorised officer or approved person must not approve a modification of the vehicle unless—

(a)if the modification is of a kind covered by an approved code of practice—the modification complies with the approved code; or

(b)if the modification is of a kind that is not covered by an approved code of practice and may adversely affect the safety of the vehicle—

(i)the chief executive has approved the modification; and

(ii)the modification complies with any requirement specified by the chief executive for the modification.

Maximum penalty—40 penalty units.

(3)If the authorised officer or approved person approves the modification, the officer or person must—

(a)give a certificate approving the modification, in the approved form (a certificate of modification), to the owner; and

(b)ensure a plate, in the approved form, that is stamped or engraved with details of the modification (a modification plate), is attached to a conspicuous part of the vehicle.

Maximum penalty—40 penalty units.

(4)A person who is not an authorised officer or approved person must not approve a modification to a vehicle.

Maximum penalty—40 penalty units.

(5)An approved person must not inspect and approve a modification to a vehicle, unless the person is accredited to approve that type of modification.

Maximum penalty—40 penalty units.

(6)Subsection (1) does not apply if the modification is of a kind that, at the time it is made, is—

(a)covered by, and complies with, an approved code of practice that expressly states that a modification of that kind does not require approval or certification under the code; or

(b)not covered by an approved code of practice and does not adversely affect the safety of the vehicle.

(7)In this section—

approved code of practice means each of the following codes approved by the chief executive—

(a)the National Code of Practice for Light Vehicle Construction and Modification;

(b)the Queensland Code of Practice—Vehicle Modifications.

Editor’s note—

The approved codes of practice are available online at www.tmr.qld.gov.au.

authorised officer does not include a police officer.

s 13 amd 2012 SL No. 138 s 8; 2014 SL No. 8 s 106

pt hdg ins 2014 SL No. 8 s 107

div 1 (ss 13A–13B) ins 2014 SL No. 8 s 107

13AApplication of pt 2A

This part does not apply to a light vehicle that forms part of a heavy combination under the Heavy Vehicle National Law (Queensland).

Note—

For the dimension requirements and loading requirements applying to a heavy combination, see the Heavy Vehicle National Law (Queensland).

div 1 (ss 13A–13B) ins 2014 SL No. 8 s 107

13BMeaning of rear overhang and rear overhang line for div 2

(1)This section defines rear overhang and rear overhang line for division 2.

(2)The rear overhang of a light vehicle is the distance between the rear of the vehicle and the rear overhang line of the vehicle.

(3)For a light vehicle with a single axle at the rear, the rear overhang line is a line running along the centre-line of the axle.

(4)For a light vehicle with an axle group at the rear comprising 2 axles, 1 of which is fitted with twice the number of tyres as the other, the rear overhang line is a line running parallel to the axles that is—

(a)closer to the axle carrying the greater number of tyres than it is to the other axle; and

(b)located at one-third of the distance between the 2 axles.

(5)For a light vehicle with an axle group at the rear that is not an axle group mentioned in subsection (4), the rear overhang line is a line running parallel to the axles down the centre-line of the axle group.

(6)For applying subsection (4) or (5)—

(a)an axle group is taken to comprise only the fixed and retractable axles in contact with the ground at the particular time the subsection is applied to the vehicle; and

(b)an axle group is taken not to comprise any steerable axle unless all the axles in the group are steerable axles.

div 1 (ss 13A–13B) ins 2014 SL No. 8 s 107

div hdg ins 2014 SL No. 8 s 107

13CLoad and other things are part of light vehicle’s dimensions for div 2

In this division, a light vehicle is taken to include anything on the vehicle, unless otherwise stated.

s 13C ins 2014 SL No. 8 s 107

13DLength—light vehicles

A person must not drive a light vehicle on a road if—

(a)for a light combination—the combination is longer than 19m; or

(b)for any other light vehicle—the vehicle is longer than 12.5m.

Maximum penalty—30 penalty units.

s 13D ins 2014 SL No. 8 s 107

13EWidth

A person must not drive a light vehicle on a road if the vehicle is wider than 2.5m.

Maximum penalty—30 penalty units.

s 13E ins 2014 SL No. 8 s 107

13FHeight

A person must not drive a light vehicle on a road if the vehicle is higher than 4.3m.

Maximum penalty—30 penalty units.

s 13F ins 2014 SL No. 8 s 107

13GGround clearance

(1)A person must not drive a light vehicle on a road if the vehicle has a ground clearance of less than—

(a)at a point within 1m of an axle—100mm; and

(b)at the midpoint between two adjacent axles—one-thirtieth of the distance between the centres of the axles; and

(c)at any other point—the distance that allows the vehicle to pass over a peak in the road if the gradient on either side of the peak is 1:15.

Maximum penalty—30 penalty units.

(2)This section does not apply to—

(a)a light vehicle, other than a combination, with less than 4 wheels; or

(b)a light combination that includes a light motor vehicle with less than 4 wheels.

(3)In this section—

ground clearance, of a light vehicle, means the minimum distance between the ground and the vehicle’s underside, other than its tyres, wheels, wheel hubs, brake backing plates, flexible mudguards and mudflaps.

s 13G ins 2014 SL No. 8 s 107

amd 2014 SL No. 161 s 78

13HLength—trailers

(1)A person must not drive a light combination on a road if the combination includes a semitrailer or dog trailer that does not comply with this section.

Maximum penalty—30 penalty units.

(2)On a semitrailer or dog trailer—

(a)the distance from the trailer’s front articulation point to the rear overhang line must not be more than 9.5m; and

(b)the distance from the trailer’s front articulation point to the rear of the trailer must not be more than 12.3m.

(3)The part of a semitrailer, or anything attached to a semitrailer, in front of the trailer’s front articulation point, other than another vehicle, must not protrude beyond the trailer’s prescribed limit.

(4)In this section—

prescribed limit, for a semitrailer, means an imaginary line created by drawing a semicircle of 1.9m radius from the centre of, and forward of, the trailer’s front articulation point.

s 13H ins 2014 SL No. 8 s 107

13ILength—rear overhang

(1)A person must not drive a light vehicle on a road if the vehicle does not comply with this section.

Maximum penalty—30 penalty units.

(2)The rear overhang of a light vehicle must not be more than the lesser of 3.7m and—

(a)for a semitrailer or dog trailer—60% of the distance between the front articulation point and the rear overhang line; or

(b)for any other trailer—the distance between the front of the body or load carrying area and the rear overhang line; or

(c)for another vehicle—60% of the distance between the centre-line of the front axle and the rear overhang line.

s 13I ins 2014 SL No. 8 s 107

13JLength—trailer drawbars

(1)A person must not drive a light combination on a road if the combination includes a trailer—

(a)of the type mentioned in subsection (2) or (3); and

(b)that does not comply with the requirements applying to the trailer under either of those subsections.

Maximum penalty—30 penalty units.

(2)On a dog trailer, there must not be a distance of more than—

(a)if the trailer has a single axle at the front—5m between the coupling pivot point on the drawbar and the centre of that axle; or

(b)if the trailer has an axle group at the front—5m between the coupling pivot point on the drawbar and the centre-line of that axle group.

(3)On a trailer, other than a semitrailer, there must not be a distance of more than—

(a)if the trailer has only a single axle—8.5m between the coupling pivot point on the drawbar and the centre of that axle; or

(b)if the trailer has only 1 axle group—8.5m between the coupling pivot point on the drawbar and the centre-line of that axle group.

s 13J ins 2014 SL No. 8 s 107

div 3 (ss 13K–13P) ins 2014 SL No. 8 s 107

13KMeaning of load for div 3

In this division—

load includes equipment and the pole of a pole-type trailer or jinker.

div 3 (ss 13K–13P) ins 2014 SL No. 8 s 107

13LMeasuring width for div 3

When measuring a light vehicle’s width for this division, a rear vision mirror, light or reflector attached to the vehicle is not to be taken into account.

div 3 (ss 13K–13P) ins 2014 SL No. 8 s 107

13MLimits on projections of loads—motorbikes

(1)This section applies in relation to loads on motorbikes.

(2)A person must not drive, park or stop a motorbike on a road if any load on the motorbike projects—

(a)for a motorbike without a sidecar—

(i)more than 150mm in front of the outer extremity of the motorbike’s front wheel; or

(ii)more than 300mm behind the outer extremity of the motorbike’s back wheel; or

(iii)past the outer extremity of the motorbike on either side; or

(b)for a motorbike with a sidecar—

(i)more than 600mm in front of the outer extremity of the motorbike’s front wheel; or

(ii)more than 900mm behind the outer extremity of the motorbike’s back wheel; or

(iii)past the outer extremity of the vehicle on either side; or

(c)for a motorbike trailer—

(i)more than 300mm behind the trailer; or

(ii)past the outer extremity of the trailer on either side.

Maximum penalty—20 penalty units.

(3)If part of the load on a motorbike, or on a trailer towed by a motorbike, projects in a way that it would not be readily visible to a person following immediately behind the motorbike, the driver of the motorbike must ensure—

(a)a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and

(b)at night—

(i)a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or

(ii)at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load.

Maximum penalty—20 penalty units.

div 3 (ss 13K–13P) ins 2014 SL No. 8 s 107

13NLimits on projection of loads—light motor vehicles other than motorbikes

(1)This section applies in relation to loads on light motor vehicles other than motorbikes.

(2)A person must not drive, park or stop a light motor vehicle on a road if any load on the vehicle projects—

(a)for a light motor vehicle without a trailer—

(i)more than 1.2m in front of the motor vehicle’s headlights; or

(ii)more than 1.2m behind the motor vehicle; or

(iii)more than 150mm past the outer extremity of the motor vehicle on either side; or

(b)for a light motor vehicle with a light trailer—

(i)more than 1.2m in front of the motor vehicle’s headlights; or

(ii)more than 1.2m behind either the motor vehicle or the trailer; or

(iii)more than 150mm past the outer extremity of either the motor vehicle or the trailer on either side.

Maximum penalty—20 penalty units.

(3)A person does not commit an offence against subsection (2) if, for a load that projects more than 1.2m behind either a light motor vehicle or a light trailer—

(a)a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and

(b)at night—

(i)a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or

(ii)at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load.

(4)If part of the load on a light motor vehicle, or on a light trailer towed by a light motor vehicle, projects in a way that it would not be readily visible to a person following immediately behind the vehicle, the driver of the vehicle must ensure—

(a)a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and

(b)at night—

(i)a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or

(ii)at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load.

Maximum penalty for subsection (4)—20 penalty units.

div 3 (ss 13K–13P) ins 2014 SL No. 8 s 107

13OLimits on projections of loads—light vehicles drawn by an animal

(1)A person must not drive, park or stop a light vehicle drawn by an animal on a road if any load on the vehicle projects—

(a)past the animal’s head; or

(b)if the vehicle is a 2-wheeled vehicle—more than 1m behind the vehicle’s body; or

(c)if the vehicle is a 4-wheeled vehicle—more than 1m behind the vehicle’s body or the back wheels; or

(d)if the vehicle is a pole-type jinker—behind the back end of the pole; or

(e)more than 300mm past the outer extremity of the vehicle’s body or wheels on either side.

Maximum penalty—20 penalty units.

(2)A person does not commit an offence against subsection (1) if, for a load that projects more than 1m behind a light vehicle drawn by an animal—

(a)a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and

(b)at night—

(i)a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or

(ii)at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load.

div 3 (ss 13K–13P) ins 2014 SL No. 8 s 107

13PDivision does not affect div 2

Nothing in this division authorises a person to drive a light vehicle on a road other than in compliance with the requirements of a provision of division 2.

div 3 (ss 13K–13P) ins 2014 SL No. 8 s 107

div hdg ins 2014 SL No. 8 s 107

13QLoads on light vehicles

(1)The person in control of a light vehicle must ensure a load on it complies with this section.

Maximum penalty—

(a)for a private vehicle—20 penalty units; or

(b)for a prescribed vehicle—30 penalty units.

(2)A load on a light vehicle must not be placed in a way that makes the vehicle unstable or unsafe.

(3)A load on a light vehicle must be secured so it is unlikely to fall or be dislodged from the vehicle.

(4)An appropriate method must be used to restrain the load on a light vehicle.

Note—

See the load restraint guide for light vehicles for examples of safe ways of loading vehicles.

s 13Q ins 2014 SL No. 8 s 107

amd 2019 SL No. 51 s 17

13RCoupling of vehicles in light combinations

(1)The person in control of a light combination must ensure couplings between vehicles forming part of the combination comply with this section.

Maximum penalty—

(a)for a private vehicle—20 penalty units; or

(b)for a prescribed vehicle—30 penalty units.

(2)A trailer in a light combination must be securely coupled to the vehicle in front of it.

(3)The components of a coupling used between vehicles in a light combination must be compatible and properly connected to each other.

s 13R ins 2014 SL No. 8 s 107

13SProof of offences under this division

In a proceeding for an offence against this division—

(a)evidence that a load on a light vehicle was not placed, secured or restrained in a way that met a performance standard under the load restraint guide for light vehicles is evidence of a contravention of section 13Q; and

(b)evidence that a load, or part of a load, has fallen off a light vehicle is evidence that the load was not properly secured; and

(c)a court must presume a document purporting to be the load restraint guide for light vehicles is the load restraint guide for light vehicles, until the contrary is proved.

s 13S ins 2014 SL No. 8 s 107

amd 2019 SL No. 51 s 18

pt hdg amd 2014 SL No. 8 s 108

14Guidelines and permits for light vehicles

(1)The chief executive may issue—

(a)a guideline for the safe movement on a road of a type of light vehicle; or

(b)a permit for the safe movement on a road of a particular light vehicle or type of light vehicle.

(2)The commissioner may issue a permit for the safe movement on a road of a particular light vehicle or type of light vehicle.

(3)The chief executive or the commissioner must consider all relevant matters in deciding whether or not to issue a guideline or permit including, for example, the following—

(a)the particular circumstances of the movement on a road of the vehicle or type of vehicle;

(b)whether in the circumstances—

(i)the vehicle or type of vehicle may be moved safely; or

(ii)compliance with the conditions of a guideline or permit will be as effective as, or more effective than, compliance with a provision of this regulation.

(4)The matters a guideline or permit may relate to include the following—

(a)the roads on which the vehicle or type of vehicle may, or may not, be driven;

(b)any permissible or required modifications to the vehicle or type of vehicle;

Example for paragraph (b)—

Extra lighting may be required to be added to the side of a vehicle carrying a wide load.

(c)the times when the vehicle or type of vehicle may, or may not, be driven;

(d)signs and warning devices to be displayed on the vehicle or type of vehicle;

(e)the maximum permissible dimensions of the vehicle or type of vehicle together with any load;

(f)the maximum permissible mass of—

(i)the vehicle or type of vehicle together with any load; or

(ii)parts of the vehicle or type of vehicle;

(g)when the vehicle or type of vehicle must travel with a pilot vehicle or escort vehicle;

(h)requirements for pilot vehicles and pilot vehicle drivers, and escort vehicles and escort vehicle drivers;

(i)the maximum speeds at which the vehicle or type of vehicle may be driven;

(j)other matters relevant to the safe movement of the vehicle or type of vehicle.

(5)The following may be shown on a map in the guideline or permit—

(a)for the guideline—the roads on which the type of vehicle may be driven; or

(b)for the permit—the roads on which the particular vehicle, or the type of vehicle, may be driven.

(6)A guideline or permit can not allow a light combination to be more than the GCM for the combination’s motor vehicle.

(7)The chief executive must publish a guideline issued under this section on the department’s website.

(8)The guideline takes effect—

(a)when it is published on the department’s website; or

(b)if the guideline states a later day it takes effect—on the later day.

s 14 amd 2014 SL No. 8 s 109; 2015 SL No. 89 s 28

15Permit contents and conditions

(1)A permit must state—

(a)if the permit is issued for—

(i)a particular light vehicle—

(A)the vehicle’s registration number, VIN or chassis number; or

(B)if the vehicle does not have any of the numbers mentioned in sub-subparagraph (A)—another identification number that is unique to the vehicle; or

(ii)a type of light vehicle—the type of vehicle; and

(b)the name and address of the person to whom the permit is issued; and

(c)the term for which the permit is issued; and

(d)the conditions of the permit.

(2)Despite the term mentioned in subsection (1)(c), a permit for a particular light vehicle expires when the vehicle is disposed of or the vehicle’s registration is transferred.

(3)A permit may include a condition requiring the permit holder—

(a)to pay the reasonable costs incurred, or that may be incurred, by the issuing authority, another department or a local government in relation to the issue of the permit; or

(b)to deposit with the chief executive an amount reasonably required by the issuing authority, another department or a local government as security for the costs mentioned in paragraph (a); or

(c)to ensure that the permit or a copy of the permit, is carried in any vehicle driven under the permit and is able to be produced for inspection if an authorised officer asks to see it.

Examples of reasonable costs that may be incurred by the issuing authority, another department or a local government in relation to the issue of the permit—

•the costs of assessing the roads the vehicle is to be driven on

•the costs of preparing any relevant plans and cost estimates

•the costs of preparing or strengthening road transport infrastructure

•the costs of repairing, replacing or reconstructing road transport infrastructure

•the costs of ensuring the permit conditions are observed

(4)Subsection (3) does not limit a condition that may be imposed under section 37.

(5)If, no later than 28 days after the permit ends, the issuing authority decides an amount deposited as a condition of the permit is not sufficient security for the costs, the issuing authority may require a further amount to be deposited within a reasonable stated time.

(6)The issuing authority must, within 28 days after the permit ends—

(a)work out the costs incurred by it, another department or a local government; and

(b)if the costs incurred are less than the amount deposited as security for costs, refund the difference to the permit holder.

(7)In this section—

VIN, of a light vehicle other than a light motor vehicle, means the unique vehicle identification number assigned to the vehicle.

s 15 amd 2014 SL No. 8 s 110

15AStatutory condition on guidelines and permits for oversize light vehicles

(1)If, under schedule 1A, section 1, the schedule applies to a guideline under this part for a type of oversize light vehicle, or a permit under this part for a particular oversize light vehicle or type of oversize light vehicle, the guideline or permit is subject to the conditions stated in schedule 1A, section 2.

(2)A condition imposed under subsection (1)—

(a)applies despite any other provision of the guideline or permit; and

(b)subject to paragraph (a), applies in addition to any other conditions that may be included in the guideline or permit.

s 15A ins 2014 SL No. 8 s 111

15BAlternative arrangements for oversize light vehicle permits

(1)The chief executive may enter into an arrangement with a person for the issue to the person of an oversize light vehicle permit other than in accordance with the requirements of sections 14 and 15.

(2)The arrangement—

(a)may only be made in circumstances in which it is impracticable for the requirements of sections 14 and 15 to be fully complied with; and

(b)must provide for compliance with sections 14 and 15 to the greatest practicable extent.

(3)In this section—

oversize light vehicle permit means a permit that affects the application of part 2A, division 2 or 3 to a light vehicle.

s 15B ins 2014 SL No. 8 s 111

16Driving under guideline or permit

(1)Subsection (2) applies to a person who drives a light vehicle in accordance with a current guideline, or a permit, issued for the vehicle.

(2)The provisions of this regulation relating to the safe movement on a road of a particular light vehicle or type of light vehicle that are stated in the guideline or permit do not apply to the person.

(3)A person must not drive a light vehicle displaying a sign or warning device required to be displayed on the vehicle under a guideline or permit for the vehicle unless the person is driving the vehicle in accordance with the guideline or permit.

Maximum penalty—30 penalty units.

s 16 amd 2014 SL No. 8 s 112

16AContravention of guideline or permit condition

(1)A person who drives a light vehicle on a road under the authority of a guideline or permit issued under this part must not contravene a condition of the guideline or permit.

Maximum penalty—20 penalty units.

(2)If a person commits an offence against subsection (1)—

(a)the guideline or permit does not operate in the person’s favour while the contravention continues; and

(b)section 16(2) must be disregarded in deciding whether the person has contravened a provision of this regulation.

(3)If, because of the operation of subsection (2), a person commits an offence against a provision of this regulation (the other offence provision) the person—

(a)may be charged with an offence against either subsection (1) or the other offence provision; and

(b)must not be charged with both offences.

(4)In this section—

condition, of a guideline or permit, includes any term or condition stated in, or otherwise applicable to, the guideline or permit.

s 16A ins 2014 SL No. 8 s 113

17Inspections by authorised officers for certificate of inspection

An authorised officer, other than a police officer, may issue a certificate of inspection for a vehicle.

18Identifying vehicle before inspection

(1)An approved examiner must, before inspecting a vehicle for an inspection certificate, be satisfied in the way required under subsection (2) about the identity of the vehicle.

Maximum penalty—20 penalty units.

(2)The only way the approved examiner may be satisfied about the identity of a vehicle for subsection (1) is to inspect the vehicle to find out—

(a)if the vehicle was manufactured before 1 January 1989—its chassis number and engine number; or

(b)otherwise—its VIN and engine number.

(3)In this section—

VIN, of a vehicle other than a motor vehicle, means the unique vehicle identification number assigned to the vehicle.

19Inspections by approved examiners for inspection certificate

(1)An approved examiner may sign an inspection certificate only for—

(a)a registered trailer with an ATM of not more than 10t; or

(b)another registered vehicle with a GVM of not more than 16t; or

(c)an unregistered vehicle.

(1A)However, if an approved examiner has been given a notice under section 19A in relation to a type of registered vehicle, the approved examiner may sign a certificate of inspection for the type of registered vehicle stated in the notice.

(2)Subject to subsection (3), a person who is not an approved examiner must not sign an inspection certificate for a vehicle.

Maximum penalty—40 penalty units.

(3)Subsection (2) does not prevent—

(a)an authorised officer, other than a police officer, from issuing a certificate of inspection for a vehicle under section 17; or

(b)the proprietor of the AIS from signing the inspection certificate under subsection (7).

(4)An approved examiner must not sign an inspection certificate for a vehicle unless—

(a)the examiner is satisfied under section 18 about the identity of the vehicle; and

(b)the examiner has carried out a thorough inspection of the vehicle; and

(c)the examiner reasonably considers the vehicle is not defective; and

(d)if section 13 applies to the vehicle—

(i)the owner produces to the approved examiner a certificate of modification for the modification; or

(ii)a modification plate for the modification is attached to the vehicle; and

(e)if the vehicle is a modified heavy vehicle—

(i)the owner produces to the approved examiner an HVNL(Q) certificate for the modification; or

(ii)the vehicle has an HVNL(Q) plate for the modification.

Maximum penalty—40 penalty units.

(5)If, after a thorough inspection of a vehicle for the issue of an inspection certificate, an approved examiner reasonably considers the vehicle is not defective, the approved examiner or the proprietor of the AIS must immediately give an inspection certificate to the vehicle’s owner or driver.

Maximum penalty—30 penalty units.

(6)Before signing an inspection certificate, an approved examiner must ensure—

(a)the certificate is completed correctly and legibly; and

(b)no entry in the certificate has been altered; and

(c)for a certificate that is issued manually—the date of issue of the certificate is indicated on the label part of the certificate by punching a hole through the appropriate day and month.

Maximum penalty—30 penalty units.

(7)Before an inspection certificate is issued, the proprietor of the AIS must—

(a)if the vehicle is inspected at a fixed AIS—

(i)ensure the approved examiner has complied with subsection (6); and

(ii)after complying with subparagraph (i)—sign the certificate; or

(b)if the vehicle is inspected at a mobile AIS—sign the certificate.

Maximum penalty—30 penalty units.

(8)If an approved examiner inspects a vehicle from a mobile AIS, the approved examiner may sign the certificate for the proprietor of the AIS to which the mobile AIS is attached.

(9)If, after a thorough inspection of a vehicle for the issue of an inspection certificate, an approved examiner reasonably considers the vehicle is defective, the approved examiner must immediately give the vehicle’s owner or driver a report (inspection report) that states how the vehicle is defective.

Maximum penalty—30 penalty units.

(10)In this section—

HVNL(Q) certificate, for the modification of a heavy vehicle, means a certificate approving the modification given, or taken to have been given, under the Heavy Vehicle National Law (Queensland), section 86(2)(a) or 87(3)(a) or a corresponding law.

Note—

See the Heavy Vehicle National Law (Queensland), section 748 for things taken to have effect under that Law.

HVNL(Q) plate, for the modification of a heavy vehicle, means a plate or label relating to the modification fitted or affixed, or taken to have been fitted or affixed, to the vehicle under the Heavy Vehicle National Law (Queensland), section 86(2)(b) or 87(3)(b) or a corresponding law.

Note—

See the Heavy Vehicle National Law (Queensland), section 748 for things taken to have effect under that Law.

modified heavy vehicle means a heavy vehicle that has undergone a modification that the Heavy Vehicle National Law (Queensland), Part 3.3 applies to.

sign, an inspection certificate, includes, for a certificate issued electronically, sign using an electronic method that identifies the person signing the certificate and indicates that person’s intention to sign the certificate.

s 19 amd 2011 SL No. 204 s 5; 2013 SL No. 294 s 5; 2014 SL No. 8 s 114; 2016 SL No. 72 s 10; 2017 SL No. 143 s 97

19AInspections by approved examiners in special circumstances

(1)If the chief executive is satisfied that special circumstances exist, the chief executive may, by written notice given to an approved examiner, authorise the approved examiner to sign a certificate of inspection for—

(a)a registered trailer with an ATM of more than 10t; or

(b)another registered vehicle with a GVM of more than 16t.

Example of special circumstances—

•natural disasters, including floods, affecting access to inspections of vehicles in the area in which an owner’s vehicle or inspection facilities are located or affecting the availability of inspections of vehicles because of diversion of resources for inspections or loss of inspection capability

•circumstances in which authorised officers, other than police officers, are not reasonably able to provide inspection of vehicles in remote areas

(2)The notice must state that the authorisation is for a period, stated in the notice, the chief executive considers appropriate having regard to the special circumstances.

(3)In this section—

sign, an inspection certificate, includes, for a certificate issued electronically, sign using an electronic method that identifies the person signing the certificate and indicates that person’s intention to sign the certificate.

s 19A amd 2011 SL No. 204 s 6; 2016 SL No. 72 s 11

20Issue of replacement inspection certificate if registration refused

(1)This section applies if, under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, section 17(1)(g), the chief executive refuses an application for the registration of a vehicle because the chief executive reasonably believes an approved examiner has, by issuing an inspection certificate, contravened the Act.

(2)The person to whom the inspection certificate was issued may, within 14 days after the refusal, ask the proprietor of the AIS where the certificate was issued to again inspect the vehicle for an inspection certificate (a replacement inspection certificate).

(3)The proprietor of the AIS must ensure that—

(a)the vehicle is properly inspected under this regulation for the issue of the replacement inspection certificate; and

(b)the inspection is completed—

(i)within 7 days after the person requests it; and

(ii)at a time convenient to the person.

Maximum penalty—20 penalty units.

(4)Despite section 41, the proprietor must not charge a fee for the inspection or the issue of the replacement inspection certificate.

Maximum penalty—20 penalty units.

s 20 amd 2014 SL No. 8 s 115

21Reinspection by approved examiners for inspection certificate

(1)This section applies if a vehicle that is the subject of an inspection report is returned for reinspection, within 14 days, to the AIS where the inspection report was issued.

(2)The same person who signed the inspection report for the vehicle under section 19(9) must carry out the reinspection of the vehicle.

Maximum penalty—30 penalty units.

(3)However, if the approved examiner who signed the inspection report is absent from the AIS when the vehicle is returned, the reinspection may be done by another approved examiner who is accredited—

(a)to work at the AIS; and

(b)to inspect that type of vehicle.

(4)If neither a person mentioned in subsection (2) nor a person mentioned in subsection (3) is able to inspect the vehicle, the proprietor of the AIS must—

(a)arrange for a thorough inspection of the vehicle at another time convenient to the vehicle’s owner, at no further cost to the owner; or

(b)refund the amount paid for the vehicle’s inspection under section 19 to the owner.

Maximum penalty—30 penalty units.

(5)If, after the reinspection, the approved examiner reasonably considers the defects stated in the inspection report have been satisfactorily corrected and the vehicle is not otherwise defective, the proprietor of the AIS must immediately give an inspection certificate to the vehicle’s owner or driver.

Maximum penalty—30 penalty units.

(6)If, after the reinspection, the approved examiner reasonably considers the defects stated in the inspection report have not been satisfactorily corrected or the vehicle is otherwise defective, the approved examiner must immediately—

(a)give the vehicle’s owner or driver an inspection report that states how the vehicle is still defective; and

(b)if the inspection certificate that relates to the inspection report was issued manually—mark the certificate as cancelled.

Maximum penalty—30 penalty units.

s 21 amd 2016 SL No. 72 s 12; 2017 SL No. 143 s 98

22Action more than 14 days after inspection report issued

(1)Subsection (1A) applies if—

(a)a vehicle that is the subject of an inspection report is not returned for reinspection within 14 days after the report was signed; and

(b)the inspection report was issued manually.

(1A)The proprietor of the AIS where the inspection report was issued must mark the inspection certificate that relates to the report as cancelled.

Maximum penalty—30 penalty units.

(2)If the vehicle is returned for reinspection more than 14 days after the inspection report was signed, an approved examiner may issue an inspection certificate for the vehicle only after another thorough inspection of the vehicle.

(3)In this section—

returned for reinspection means returned for reinspection to the AIS where the inspection report was issued.

s 22 amd 2016 SL No. 72 s 13

23SC vehicles for sale—safety certificate requirement

(1)The owner of a registered SC vehicle must not offer the vehicle for sale unless—

(a)there is a current safety certificate for the vehicle; and

(b)the owner complies with subsection (1A).

Maximum penalty—60 penalty units.

(1A)The owner of a registered SC vehicle that is for sale must—

(a)if the current safety certificate for the vehicle is issued manually, ensure—

(i)the certificate is attached to, or displayed on, a conspicuous part of the vehicle; and

(ii)all of the information stated on the front of the certificate is clearly legible from outside the vehicle; or

(b)if the current safety certificate for the vehicle is issued electronically—if asked by a prospective buyer or a buyer’s agent, produce a copy of the safety certificate for inspection by the prospective buyer or buyer’s agent.

(2)A dealer who is acting for the owner of a registered SC vehicle in relation to its disposal must—

(a)if the current safety certificate for the vehicle is issued manually, ensure—

(i)the certificate is attached to, or displayed on, a conspicuous part of the vehicle; and

(ii)all of the information stated on the front of the certificate is clearly legible from outside the vehicle; or

(b)if the current safety certificate for the vehicle is issued electronically—if asked by a prospective buyer or buyer’s agent, produce a copy of the safety certificate for inspection by the prospective buyer or buyer’s agent.

Maximum penalty—60 penalty units.

(3)Subsections (1) and (1A) do not apply to—

(a)a demonstration vehicle; or

(b)a dealer, between the day the vehicle is delivered and the next business day, if the dealer—

(i)takes possession of the vehicle on the day immediately before a day other than a business day; and

(ii)has a reasonable excuse; or

(c)a vehicle for sale at an auction at which only dealers are allowed to bid; or

(d)a vehicle being disposed of in an area mentioned in schedule 2, item 1 if the owner of the vehicle lives in the area; or

(e)an SC vehicle being disposed of in an area mentioned in schedule 2, item 2, 3, 4 or 5 for that type of vehicle if the owner of the vehicle lives in the area.

(4)Subsections (1) and (1A) also do not apply to a vehicle on a dealer’s business premises if the vehicle—

(a)is clearly marked with the words ‘not for sale’ in letters at least 100mm high on a sign that—

(i)is at least 210mm by 290mm; and

(ii)is clearly visible from outside the vehicle; and

(b)does not have a sign or other marking on or near the vehicle indicating that the vehicle is for sale; and

(c)is—

(i)located at least 10m from other vehicles that are for sale; or

(ii)separated from other vehicles that are for sale in a way that clearly shows the vehicle is not associated with vehicles that are for sale.

Example for subparagraph (ii)—

A rope or other temporary barrier is erected around the vehicle.

(5)In this section—

buyer’s agent means a person assisting, or acting as an agent of, a prospective buyer.

demonstration vehicle means a vehicle—

(a)purchased by a dealer from the vehicle’s manufacturer; and

(b)registered to the dealer; and

(c)used only for the purpose of demonstrating the vehicle with a view to the sale of vehicles of that type.

prospective buyer means a person who expresses interest in purchasing the vehicle.

safety certificate means—

(a)for a certificate issued electronically—a copy of the certificate; or

(b)otherwise—either the certificate or the label that comprises a safety certificate.

s 23 amd 2013 SL No. 294 s 6; 2016 SL No. 72 s 14

24Disposal of registered vehicles—inspection certificate requirement

(1)The owner of a registered vehicle must not dispose of the vehicle to another person unless the owner—

(a)possesses a current inspection certificate for the vehicle; and

(b)gives the other person—

(i)for an SC vehicle—

(A)if the certificate was issued electronically—a copy of the certificate or the certificate number; or

(B)otherwise—the original and duplicate copies of the certificate; or

(ii)for a COI vehicle—

(A)if the certificate was issued electronically—a copy of the certificate or the certificate number; or

(B)otherwise—the original copy of the certificate.

Maximum penalty—60 penalty units.

(2)A dealer must not act in the disposal of a registered vehicle for the vehicle’s owner without ensuring the owner, whether or not through the dealer, complies with subsection (1).

Maximum penalty—60 penalty units.

(3)Subsection (1) does not apply to—

(a)a vehicle being disposed of to a dealer; or

(b)a vehicle being disposed of if—

(i)the owner of the vehicle and the person to whom it is being disposed of are each an operator for an alternative compliance scheme; and

(ii)the vehicle is, and will continue to be, maintained under an alternative compliance scheme; or

(c)a vehicle being disposed of if—

(i)the owner of the vehicle and the person to whom it is being disposed of are each operating under a maintenance management accreditation granted, or taken to have been granted, under the Heavy Vehicle National Law (Queensland), section 458(a) or a corresponding law; and

Note—

See the Heavy Vehicle National Law (Queensland), section 748 for things taken to have effect under that Law.

(ii)the vehicle is, and will continue to be, maintained under a maintenance management system under the Heavy Vehicle National Law (Queensland), Chapter 8 or a corresponding law.

(4)Subsections (1) and (2) do not apply to—

(a)a vehicle being disposed of in an area mentioned in schedule 2, item 1 if the owner of the vehicle lives in the area; or

(b)an SC vehicle being disposed of in an area mentioned in schedule 2, item 2, 3, 4 or 5 for that type of vehicle if the owner of the vehicle lives in the area.

s 24 amd 2013 SL No. 294 s 4; 2014 SL No. 8 s 116; 2016 SL No. 72 s 15

25Registered COI vehicles—requirement for certificate of inspection

(1)The owner of a registered COI vehicle must possess a current certificate of inspection for the vehicle.

Maximum penalty—60 penalty units.

(2)Subsection (1) does not apply to—

(a)a new vehicle during the year after it is first registered; or

(b)a vehicle while it is being used in an area mentioned in schedule 2, item 1; or

(c)a special interest vehicle within the meaning of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 for which concessional registration has been granted under that regulation; or

(d)a light vehicle operating under an approved alternative compliance scheme; or

(e)a vehicle in relation to which an extension of time is operating under section 29; or

(f)a vehicle while it is being used in another State if the owner gives the chief executive a current certificate for the vehicle that the chief executive considers is at least equivalent to a certificate of inspection; or

(g)a vehicle operating under a maintenance management accreditation granted, or taken to have been granted, under the Heavy Vehicle National Law (Queensland), section 458(a) or a corresponding law.

Note—

See the Heavy Vehicle National Law (Queensland), section 748 for things taken to have effect under that Law.

s 25 amd 2014 SL No. 8 s 117; 2019 SL No. 51 s 19

26Alternative compliance scheme—maintenance

(1)Section 25, to the extent it relates to light vehicles, is a prescribed provision for section 15(1) of the Act.

(2)The purpose of section 25, to the extent it relates to light vehicles, is to ensure that a light vehicle to which the section applies—

(a)is maintained in good repair; and

(b)has no defects that would affect its safe use on a road.

s 26 amd 2014 SL No. 8 s 118

27References to particular areas mentioned in sch 2

(1)This section applies for sections 23 to 25.

(2)For schedule 2, item 1 and item 5, column 1, a reference to a shire or city by name is a reference to the shire or city of that name declared as a local government area under the Local Government Act 1993 as in force immediately before the changeover day.

Notes—

1Under the Local Government Act 1993 as in force immediately before the changeover day, shires and cities were described in the Local Government (Areas) Regulation 2005, schedule 1 as in force immediately before the changeover day.

2Each map mentioned in the Local Government (Areas) Regulation 2005, schedule 1 as in force immediately before the changeover day can be—

(a)accessed by members of the public, free of charge, on the department’s website; or

(b)purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.

Editor’s note—

At the commencement of this section, the department’s website was www.tmr.qld.gov.au.

(3)In this section—

changeover day means 15 March 2008.

Note—

15 March 2008 is the changeover day declared under the Local Government Act 1993, section 159YE(2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1,680.

28Currency of certificates

(1)A safety certificate is current—

(a)for a vehicle being disposed of by a dealer—for 3 months after its issue, or until the vehicle has been driven a further 1,000km after its issue, whichever happens first; or

(b)otherwise—for 2 months after its issue or until the vehicle has been driven a further 2,000km after its issue, whichever happens first.

(2)A certificate of inspection is current—

(a)for a public passenger vehicle—

(i)if the vehicle is a booked hire vehicle, limousine or taxi—for 1 year from and including the effective date; or

(ii)otherwise—for 6 months from and including the effective date; and

(b)for a bus not included in paragraph (a), other than a bus built to carry up to 12 seated adults (including the driver) or a bus used for private use or driver tuition—for 6 months from and including the effective date; and

(c)for a vehicle not included in paragraph (a) or (b) that is used by a school to carry students attending the school—for 6 months from and including the effective date; and

(d)for a primary production vehicle for which concessional registration has been granted—for 2 years from and including the effective date; and

(e)otherwise—for 1 year from and including the effective date.

(3)However, a vehicle’s inspection certificate ceases to be current if—

(a)the vehicle is a private vehicle that has been disposed of, other than to a dealer, since the certificate was issued; or

(b)the vehicle’s registration under a registration law is cancelled; or

(c)the vehicle is modified and the modification is not approved under—

(i)for a vehicle to which section 13 applies—that section; or

(ii)for a modified heavy vehicle—the Heavy Vehicle National Law (Queensland), section 86 or 87 or a corresponding law.

(d)there has been a significant change in the condition or construction of the vehicle after the certificate is issued.

(4)In this section—

COI period, for a vehicle for which a previous COI has expired, means the following—

(a)for a vehicle mentioned in subsection (2)(a)(ii), (b) or (c)—6 months after the previous COI expired;

(b)for a vehicle mentioned in subsection (2)(d)—2 years after the previous COI expired;

(c)otherwise—1 year after the previous COI expired.

current COI, for a vehicle, means a certificate of inspection currently issued for the vehicle.

effective date, for a certificate of inspection, means—

(a)if the certificate is the first certificate issued for a vehicle—the date of issue of the certificate; or

(b)if the certificate is issued not more than 2 months before the current COI for a vehicle expires—the day after the current COI expires; or

(c)if the certificate is issued more than 2 months before the current COI for a vehicle expires—the date of issue of the certificate; or

(d)if the certificate is issued after a previous COI for a vehicle has expired but before the COI period has elapsed—the day after the previous COI expired; or

(e)if the certificate is issued after both a previous COI for a vehicle has expired and the COI period has elapsed—the date of issue of the certificate; or

(f)if the certificate is issued for a vehicle after the vehicle’s registration under a registration law has been cancelled—the date of issue of the certificate.

modified heavy vehicle means a heavy vehicle that has undergone a modification that the Heavy Vehicle National Law (Queensland), Part 3.3 applies to.

previous COI, for a vehicle, means a certificate of inspection for the vehicle issued at some time before the current COI for the vehicle was issued.

primary production vehicle has the meaning given by the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

s 28 amd 2013 SL No. 294 s 4; 2014 SL No. 8 s 119; 2016 SL No. 161 s 58; 2017 SL No. 88 s 29; 2019 SL No. 51 s 20

29Extension of time to comply

(1)The owner of a vehicle, or the agent of the owner, may apply to an authorised officer for an extension of a time to comply with—

(a)if the vehicle is a light vehicle—a defect notice; or

(b)section 25.

(2)The application—

(a)must be made—

(i)in the approved form; or

(ii)using a centralised booking service established by the chief executive; and

(b)must include the reasons why the extension is required.

(3)If satisfied the reasons warrant the extension, the authorised officer may extend the time by no more than 2 months.

(4)The authorised officer may impose reasonable and relevant conditions on the extension.

Example for subsection (4)—

An authorised officer may prohibit the use of the owner’s vehicle on a road until the owner complies with section 25.

(5)If the chief executive is satisfied that special circumstances exist, the chief executive may extend the time for a period that the chief executive considers appropriate having regard to the special circumstances.

Examples of special circumstances for subsection (5)—

•natural disasters, including floods, affecting the area in which an owner’s vehicle or inspection facilities are located

•flood damage to roads causing long term road closure

s 29 amd 2014 SL No. 8 s 120

33Making, possessing or using false or misleading documents

A person must not, for a purpose under this regulation, make, possess or use a document that contains information the person knows is false or misleading.

Maximum penalty—60 penalty units.

34Seizing certain vehicles for sale—Act, s 46A

For section 46A(1)(b) of the Act, if the vehicle is an SC vehicle, a safety certificate is specified.

35Applying for permit

An application for a permit must be—

(a)made to the issuing authority in writing; and

(b)supported by enough information to enable the issuing authority to decide the application.

36Deciding application

(1)The issuing authority must, within 28 days after the relevant date for an application for a permit, decide—

(a)to grant the permit; or

(b)to refuse to grant the permit.

(2)In this section—

relevant date, for an application for a permit, means—

(a)the date the issuing authority receives the application; or

(b)if the application is not supported by enough information for the issuing authority to decide the application—the date the issuing authority receives any additional information it reasonably requires.

s 36 sub 2014 SL No. 8 s 122

37Discretionary conditions

The issuing authority may impose reasonable and relevant conditions on a permit.

38Granting a permit

(1)If the issuing authority decides to grant the permit applied for, the issuing authority must give the permit to the applicant as soon as practicable after making the decision.

(2)The issuing authority may give a permit to the applicant by phone, fax, radio or another form of communication if the issuing authority considers it necessary because of urgent circumstances.

s 38 amd 2014 SL No. 8 s 123

39Refusing to grant permit

(1)If the issuing authority decides to refuse to grant the permit applied for, the issuing authority must give written notice to the applicant of the decision promptly after making the decision.

(2)The notice must state—

(a)the reasons for the refusal; and

(b)the person may ask for the decision to be reviewed under section 40.

40Review of decisions

(1)Sections 65 and 65A of the Act apply to an approval decision as if a reference to an original decision in section 65 were a reference to the approval decision.

(2)In this section—

approval decision means a decision of the issuing authority—

(a)to refuse to grant a permit; or

(b)to grant a permit on a condition.

41Fees

Fees payable under the Act are stated in schedule 3.

s 41 amd 2014 SL No. 61 s 37; 2017 SL No. 70 s 56

41AWaiving payment of particular fee in special circumstances

If the chief executive is satisfied that special circumstances exist, the chief executive may waive the payment of the following fees for a person—

(a)a fee payable under schedule 3, item 2 or 3, other than for inspection of a vehicle at an AIS;

(b)a fee payable under schedule 3, item 11, 12 or 14.

Examples of special circumstances—

•the vehicle has concessional registration for primary production purposes and is in an area or on a property that is drought-stricken

•the vehicle is in a disaster area

•the relevant document was lost, damaged or destroyed because of a disaster

s 41A ins 2014 SL No. 232 s 17

42Repeal

The Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999, SL No. 213 is repealed.

div hdg sub 2012 SL No. 138 s 9

43Definitions for div 2

In this division—

commencement means the commencement of this section.

repealed regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999.

44Things done under repealed regulation

(1)This section applies if—

(a)a provision of the repealed regulation expressly or impliedly authorised or required the doing of a thing; and

(b)the thing was done or, as a result of doing the thing, a document existed and was in force immediately before the repeal of the provision; and

(c)the thing may be done or the document may be made or issued under this regulation.

Examples of things authorised or required under the repealed regulation—

•the issue of a safety certificate or a certificate of inspection for a vehicle

•an extension of a time to comply with a defect notice or section 22 of the repealed regulation

(2)The thing that was done and had effect, including a document, immediately before the repeal continues to have effect as if the thing had been done under this regulation.

(3)Without limiting subsection (2), if the thing was subject to—

(a)an imposed condition immediately before the commencement, the thing continues to be subject to the condition; and

Example for paragraph (a)—

If an authorised officer had imposed a condition on an extension of time to comply with a defect notice under section 24(4) of the repealed regulation, the imposed condition continues to be imposed on the extension of time as continued under subsection (2).

(b)a time limit or a period of time, the thing continues to have effect for the period of time remaining at the commencement.

Example for paragraph (b)—

If the chief executive had issued a certificate of inspection for 6 months under section 23(2) of the repealed regulation and only 1 month had run at the commencement, the certificate of inspection has a term remaining of 5 months under subsection (2).

(4)This section is subject to a contrary intention stated in another provision of this division.

45Existing guidelines and permits

(1)A guideline or permit about vehicle standards issued under the repealed regulation and in force immediately before the commencement, is taken to be a guideline or permit issued under this regulation.

(2)The guideline or permit—

(a)is subject to a condition applying to it under the repealed regulation; and

(b)for a permit—expires when it would have expired under the repealed regulation, unless it is sooner cancelled or suspended under the Act.

46Existing applications

(1)This section applies if—

(a)an application for an approval was made to the issuing authority under the repealed regulation; and

(b)on the commencement, the application has not been decided.

(2)The application must be decided as if the repealed regulation was still in force.

(3)If the issuing authority grants the application, it is taken to be granted under this regulation.

(4)This section does not apply to an application for an AIS approval.

Note—

See the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005, section 127.

47References to repealed regulation

A reference in an Act or other document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.

div hdg ins 2012 SL No. 138 s 10

48Definitions for div 3

In this division—

Code of Practice—Light Vehicles means the Code of Practice—Light Vehicles mentioned in section 13(2)(a)(i) as in force immediately before the commencement.

commencement means the day this section commences.

s 48 ins 2012 SL No. 138 s 10

49Vehicle modification

(1)This section applies until and including 30 April 2013.

(2)A person does not contravene section 10(1) if the person modifies a vehicle in a way that complies with the Code of Practice—Light Vehicles.

s 49 ins 2012 SL No. 138 s 10

50Approval of vehicle modification

Despite section 13(2), until and including 30 April 2013, an authorised officer or approved person may, for the purposes of section 13(1), approve a vehicle modification that complies with the Code of Practice—Light Vehicles.

s 50 ins 2012 SL No. 138 s 10

div hdg ins 2014 SL No. 8 s 124

51Definitions for div 4

In this division—

commencement means the commencement of this section.

former regulation means the repealed Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005.

s 51 ins 2014 SL No. 8 s 124

52Guidelines

(1)This section applies to a guideline that—

(a)was issued under part 6, division 1 of the former regulation; and

(b)was in force immediately before the commencement.

(2)This section applies to the guideline to the extent that, immediately before the commencement, the guideline applied to vehicles that, on the commencement, are light vehicles.

(3)The guideline—

(a)continues in force as a guideline issued under part 3; and

(b)in doing so, is subject to the same conditions that applied to the guideline immediately before the commencement.

s 52 ins 2014 SL No. 8 s 124

53Permits

(1)This section applies to a permit that—

(a)was issued under part 6, division 2 of the former regulation; and

(b)was in force immediately before the commencement.

(2)This section applies to the permit to the extent that, immediately before the commencement, the permit applied to a vehicle that, on the commencement, is a light vehicle.

(3)The permit—

(a)continues in force according to its terms as if it were a permit issued under part 3; and

(b)in doing so, is subject to the same conditions that applied to the permit immediately before the commencement.

s 53 ins 2014 SL No. 8 s 124

54References to former regulation

In an instrument, if the context permits—

(a)a reference to the former regulation may be taken to be a reference to this regulation; and

(b)a reference to a provision of the former regulation may be taken to be a reference to an equivalent provision of this regulation.

s 54 ins 2014 SL No. 8 s 124

div hdg ins 2015 SL No. 89 s 29

55Existing guidelines

(1)This section applies to a guideline (an existing guideline) that—

(a)was issued under pre-amended section 14; and

(b)was in force immediately before the commencement.

(2)For section 14, the existing guideline is taken to have been published—

(a)if the guideline states a day it commences—on the day stated; or

(b)otherwise—on the day the guideline was issued.

(3)To remove any doubt, it is declared that the existing guideline took effect on the day it is taken to have been published under this section.

(4)In this section—

pre-amended section 14 means section 14 as in force from time to time before the commencement of the Transport and Other Legislation Amendment Regulation (No. 1) 2015.

s 55 ins 2015 SL No. 89 s 29

div hdg ins 2016 SL No. 161 s 59

56Transitional provision for certificate of inspection for limousines and taxis

(1)This section applies to a certificate of inspection issued for a limousine or taxi before the commencement.

(2)Despite section 28—

(a)the certificate of inspection is taken to be current for 6 months from and including the effective date; and

(b)if a previous COI has expired for the vehicle—the COI period under that section for the vehicle is taken to be 6 months after the previous COI expired.

s 56 ins 2016 SL No. 161 s 59

div hdg ins 2016 SL No. 241 s 23

57Existing certificate of inspection—vehicle for sale

(1)This section applies to the owner of a vehicle used for driver training for reward if, after the commencement, the owner—

(a)possesses a current certificate of inspection that was issued for the vehicle before the commencement; and

(b)offers the vehicle for sale.

(2)The owner is taken to comply with the requirement under section 23(1)(a) for there to be a current safety certificate for the vehicle.

(3)Also, the owner is taken to comply with section 23(1A) if the owner, when asked by a prospective buyer or buyer’s agent, produces any of the following for inspection by the prospective buyer or buyer’s agent—

(a)if the certificate of inspection for the vehicle was issued manually—the certificate;

(b)if the certificate of inspection for the vehicle was issued electronically—a copy of the certificate;

(c)if there is also a current safety certificate issued manually for the vehicle—either the certificate or the label that comprises the safety certificate.

(4)A dealer who is acting for the owner of the vehicle in relation to its disposal is taken to comply with section 23(2) if the dealer, when asked by a prospective buyer or buyer’s agent, produces any of the following for inspection by the prospective buyer or buyer’s agent—

(a)if the certificate of inspection for the vehicle was issued manually—the certificate;

(b)if the certificate of inspection for the vehicle was issued electronically—a copy of the certificate;

(c)if there is also a current safety certificate issued manually for the vehicle—either the certificate or the label that comprises the safety certificate.

(5)For the purpose of this section, despite schedule 4, definition certificate of inspection, it does not matter that after the commencement the vehicle for which the certificate of inspection is issued is no longer a COI vehicle.

(6)In this section—

buyer’s agent see section 23(5).

prospective buyer see section 23(5).

s 57 ins 2016 SL No. 241 s 23

58Existing certificate of inspection—disposal of vehicle

(1)This section applies to the owner of a vehicle used for driver training for reward if, after the commencement, the owner—

(a)possesses a current certificate of inspection that was issued for the vehicle before the commencement; and

(b)disposes of the vehicle to another person.

(2)The owner of the vehicle is taken to comply with section 24(1)(b) if the owner gives the other person—

(a)if the certificate of inspection was issued electronically—a copy of the certificate or the certificate number; or

(b)otherwise—the original copy of the certificate.

(3)For the purpose of this section and section 24, despite schedule 4, definition certificate of inspection, it does not matter that after the commencement the vehicle for which the certificate of inspection is issued is no longer a COI vehicle.

s 58 ins 2016 SL No. 241 s 23

div hdg ins 2017 SL No. 88 s 30

59Requirement for certificate of inspection for motor vehicles used for booked hire services

(1)This section applies in relation to a motor vehicle, other than a taxi or limousine, that is used to provide a booked hire service under the Transport Operations (Passenger Transport) Act 1994 if a safety certificate was issued for the vehicle during the period starting on 1 October 2016 and ending on 30 September 2017.

(2)The chief executive or an authorised officer may issue a certificate of inspection for the vehicle without the vehicle being inspected.

(3)A certificate of inspection issued under subsection (2) is taken to have been issued when the safety certificate for the vehicle mentioned in subsection (1) was issued.

(4)Section 25(1) does not apply to the owner of the vehicle until the earlier of the following—

(a)a certificate of inspection is issued for the vehicle under subsection (2) or part 4;

(b)1 year after the safety certificate for the vehicle mentioned in subsection (1) was issued;

(c)15 January 2018.

s 59 ins 2017 SL No. 88 s 30 (amd 2017 SL No. 143 s 13(2)–(5))

section 4

Note—

The following note is from the Australian Vehicle Standards Rules 1999 contained in the National Transport Commission (Road Transport Legislation—Vehicle Standards) Regulations 2006 (Cwlth), schedule 2—

The Australian Vehicle Standards Rules 1999 set standards that vehicles must comply with to be driven on roads and road-related areas.

The ADRs (Australian Design Rules) are rules for designing and building vehicles. Imported vehicles must also comply with the ADRs.

The Vehicle Standards require a vehicle that is subject to an ADR when built or imported to continue to comply with the ADR.

The Vehicle Standards also apply certain other standards (adopted standards) that are intended to complement the ADRs.

The ADRs do not cover—

•vehicles built before 1969

•combinations of vehicles of any age

•every safety feature for vehicles built between 1969 and 1988.

These matters are covered by the Vehicle Standards.

In most cases, if a vehicle complies with the Vehicle Standards, it is suitable for road use.

1Non-application of standards to ADR compliant matters

A provision of parts 4 to 12 of these standards does not apply to a vehicle if—

(a)the provision is inconsistent with a requirement of the second or third edition ADR (each the ADR requirement); and

(b)the vehicle—

(i)complies with the ADR requirement, whether or not the vehicle is required to comply with the requirement; and

(ii)is of the same class or type of vehicle to which the ADR requirement applies.

Example—

1A motor vehicle built in 1968 must comply with these standards because the ADR requirements do not apply to motor vehicles built before 1969.

2If the owner of a motor vehicle built in 1968 modifies the brakes of the vehicle so that the brakes comply with a requirement of the second edition ADR applying to vehicles of the same class or type as the motor vehicle, a provision of parts 4 to 12 of these standards relating to the motor vehicle’s brakes that is inconsistent with the requirement of the second edition ADR would not apply to the motor vehicle.

3If the owner of a motor vehicle built in 1968 modifies the brakes of the vehicle so that the brakes comply with a requirement of the second edition ADR applying to vehicles not of the same class or type as the motor vehicle, a provision of parts 4 to 12 of these standards relating to the motor vehicle’s brakes that is inconsistent with the requirement of the second edition ADR will still apply to the vehicle despite the compliance of the modified brakes with the requirement of the second edition ADR.

s 1 sub 2013 SL No. 294 s 7(1)

2Non-application of standards—Motor Vehicle Standards Act approvals

A provision of parts 4 to 12 of these standards does not apply to a vehicle if—

(a)the vehicle does not comply with a requirement of an ADR applying to the vehicle; and

(b)the provision corresponds to the requirement of the ADR; and

(c)despite the noncompliance, approval has been given under the Motor Vehicle Standards Act 1989 (Cwlth), section 10A(2) or (3), to place identification plates on vehicles of that type; and

(d)the vehicle complies with the approval conditions, if any.

3What is an ADR

An ADR (Australian Design Rule) is a national standard.

4What is a national standard

A national standard is a national standard under the Motor Vehicle Standards Act 1989 (Cwlth), part 2.

5What is a second edition ADR

A second edition ADR is a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicle Safety, Second Edition originally published by the then Commonwealth Department of Transport.

6What is a third edition ADR

A third edition ADR is a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicles and Trailers, Third Edition published by the then Federal Office of Road Safety of the Commonwealth Department of Transport and Regional Development.

7Compliance with second edition ADRs

(1)If a second edition ADR recommends that the ADR should apply to a vehicle, the vehicle must comply with the ADR.

(2)If a second edition ADR has a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with—

(a)the requirement as in force when the vehicle was built; or

(b)if the requirement is amended after the vehicle is built and before the equipment is fitted, the requirement as in force at any time between—

(i)when the vehicle was built; and

(ii)when the equipment was fitted.

(3)However, a vehicle, or equipment fitted to a vehicle, need not comply with a recommendation or requirement of a second edition ADR if—

(a)the recommendation or requirement is replaced by, or is inconsistent with, a requirement of a third edition ADR applying to the vehicle or equipment; and

(b)the vehicle or equipment complies with the requirement of the third edition ADR.

(4)If a second edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

8Compliance with third edition ADRs

(1)If a third edition ADR applies to the design and construction of a vehicle, the vehicle must comply with the ADR.

(2)If a third edition ADR contains a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with—

(a)the requirement as in force when the vehicle was built; or

(b)if the requirement is amended after the vehicle is built and before the equipment is fitted, the requirement as in force at any time between—

(i)when the vehicle was built; and

(ii)when the equipment was fitted.

(3)However, a vehicle, or equipment fitted to a vehicle, need not comply with a requirement of a third edition ADR if—

(a)the requirement is replaced by, or is inconsistent with, a requirement of a later version of the ADR applying to the vehicle or equipment; and

(b)the vehicle or equipment complies with the requirement of the later version.

(4)If a third edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

9Exception to compliance with ADRs—vehicles that are not road vehicles

A vehicle need not comply with an ADR applied by section 7(1) or 8(1) if a determination or declaration under the Motor Vehicle Standards Act 1989 (Cwlth), section 5B provides that the vehicle is not a road vehicle for that Act.

10Exception to compliance with ADRs—Motor Vehicle Standards Act

(1)A vehicle need not comply with an ADR applied by section 7(1) or 8(1) if—

(a)despite noncompliance with the ADR, approval has been given, under the Motor Vehicle Standards Act 1989 (Cwlth), section 10A(2) or (3), to place identification plates on vehicles of that type; and

(b)the vehicle complies with the approval conditions, if any.

(2)A vehicle need not comply with an ADR applied by section 7(1) or 8(1) if—

(a)the vehicle may be supplied to the market under the Motor Vehicle Standards Act 1989 (Cwlth), section 14A(1); and

(b)for a vehicle for which an approval has been given under that section—the vehicle complies with the approval conditions, if any.

(3)A vehicle need not comply with an ADR applied by section 7(1) or 8(1) if—

(a)the vehicle may be used in transport in Australia under the Motor Vehicle Standards Act 1989 (Cwlth), section 15(2); and

(b)for a vehicle for which an approval has been given under that section, the vehicle complies with the approval conditions, if any.

11Partial exception to compliance with ADRs—personally imported vehicles

(1)A personally imported vehicle must be fitted with—

(a)seatbelts that are as effective as seatbelts that meet an Australian Standard or British Standard for seatbelts as in force when this section commenced; and

(b)seatbelt anchorages that meet the number and location requirements of second or third edition ADR 5; and

(c)child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34; and

(d)head restraints that meet the number, location and size requirements of second or third edition ADR 22.

(2)However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subsection (1) if the ADR recommends that it should apply, or applies, to a vehicle of the same type.

(3)A personally imported vehicle need not otherwise comply with an ADR applied by section 7(1) or 8(1).

(4)In this section—

personally imported vehicle means a vehicle built after 1968 that is imported into Australia under the Motor Vehicle Standards Regulations 1989 (Cwlth), section 13.

s 11 amd 2013 SL No. 294 s 7(2)

12Attaching compliance or identification plates

(1)A compliance plate must be attached to a motor vehicle built from 1 January 1972 to 31 August 1989 (both inclusive).

(2)A compliance plate or identification plate must be attached to a motor vehicle built after 31 August 1989.

(3)The compliance plate or identification plate must be attached to the motor vehicle in a conspicuous place.

(4)Subsections (1) to (3) do not apply to a vehicle—

(a)that may be imported into Australia without a compliance plate under the Motor Vehicle Standards Act 1989 (Cwlth) and complies with each ADR that applies to it under section 7(1) or 8(1); or

(b)for which the chief executive has issued a permit under section 14 that exempts the vehicle from compliance with a requirement to attach a compliance or identification plate, whether or not—

(i)the permit was issued to the current owner or a previous owner; or

(ii)the permit has expired.

s 12 amd 2015 SL No. 18 s 5(1)

13What is an adopted standard

An adopted standard is a standard, other than a national standard, that is applied, adopted or incorporated by these standards.

Example—

Section 32 adopts Australian Standard AS R1-1965 Safety Glass for Land Transport and other standards.

s 13 amd 2014 SL No. 8 s 125(1)

14Reference to adopted standards

Unless the contrary intention appears, a reference in a provision of this schedule to an adopted standard is a reference to the standard as in force when the provision commenced.

15Exception to compliance with adopted standards

A vehicle need not comply with an adopted standard if—

(a)the standard is replaced by, or is inconsistent with, a later version of the standard; and

(b)the vehicle complies with the later version of the standard.

16Steering

(1)A motor vehicle must have a right-hand drive if the vehicle is less than 30 years old.

(2)A motor vehicle has a right-hand drive if the centre of at least 1 steering control of the vehicle is to the right of, or in line with, the centre of the vehicle.

(3)A component of a steering system of a motor vehicle that is essential for effective steering of the vehicle must be built to transmit energy by mechanical means only.

(4)Failure of a non-mechanical component of the steering system must not prevent effective steering of the vehicle.

(5)This section does not apply to a motor vehicle if the vehicle is built mainly for a purpose other than the transport of goods or people by road.

s 16 amd 2014 SL No. 8 s 125(2)–(3); 2014 SL No. 161 s 79(1)

17Turning ability

(1)A motor vehicle must be able to turn in a circle not over 25m in diameter, measured by the outer edge of the tyre track at ground level.

(2)The vehicle must be able to comply with subsection (1) whether it turns to the left or to the right.

18Ability to travel backwards and forwards

A motor vehicle with a mass, when unloaded, over 450kg must be able to be driven both backwards and forwards when the driver is in the normal driving position.

19Protrusions

(1)A thing fitted to a vehicle must be designed, built and fitted to the vehicle in a way that minimises the likelihood of injury to a person making contact with the vehicle.

(2)However, subsection (1) does not apply to a thing fitted to a vehicle if—

(a)the vehicle was designed before 1965 and the thing was part of the design of the vehicle; or

(b)the thing was fitted to the vehicle before 1965 in accordance with the law of the place where the thing was fitted.

20Driver’s view and vehicle controls

A motor vehicle must be built—

(a)to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and

(b)with its controls located so the driver can drive the vehicle safely.

21Seating

A seat for a driver or passenger in a vehicle must be securely attached to the vehicle.

22Mudguards

(1)A vehicle must have a mudguard firmly fitted for each wheel or for adjacent wheels.

(2)However, subsection (1) does not apply to a vehicle if—

(a)the construction or use of the vehicle makes the fitting of mudguards unnecessary or impracticable; or

(b)the body or part of the body of the vehicle acts as a mudguard.

Examples for subsection (2)(a)—

•pole-type trailers used to carry timber

•most road-making plant

•some agricultural equipment

(3)The lowest point of a mudguard must not be more than—

(a)230mm above ground level; or

(b)if a vehicle is built to be used off-road—300mm above ground level.

(4)The outside of a rear mudguard, other than a mudflap, of a vehicle that can be seen from the rear of the vehicle must be coloured white or silver if the vehicle—

(a)is at least 2.2m wide; and

(b)has a body the vertical measurement of which is under 300mm at the rear, measured from the lowest point of the body above ground level to the highest point; and

(c)is not fitted with rear marking plates or conspicuity markings in accordance with section 101.

(5)Subsections (3) and (4) do not apply to a vehicle that is a moped, motorbike or motortrike.

s 22 amd 2014 SL No. 8 s 125(4)–(9); 2015 SL No. 18 s 5(2)–(3); 2019 SL No. 51 s 21

23Horns, alarms etc.

(1)A motor vehicle must be fitted with at least 1 horn or other device that can give sufficient audible warning to other road users of the approach or position of the vehicle.

(2)A motor vehicle must not be fitted with a device that can make a sound like the sound of a siren, exhaust whistle, compression whistle or repeater horn.

(3)However, subsection (2) does not apply to the following motor vehicles—

(a)a police vehicle;

(b)an emergency vehicle;

(c)a transport enforcement vehicle;

(d)an Australian Border Force vehicle;

(e)an Airservices Australia vehicle;

(f)a vehicle at least 25 years old and fitted as a police or emergency vehicle if—

(i)the vehicle is used for exhibition purposes; or

(ii)it is part of a collection of former police or emergency vehicles;

(g)a motor vehicle fitted with an anti-theft alarm if the alarm can not be operated while the vehicle’s ignition is on.

(4)Also, a motor vehicle may be fitted with a device that emits a regular, intermittent sound while the vehicle is reversing or in reverse gear.

(5)The device must not be louder than is necessary so the driver, and a person near the vehicle, can hear the device when it is operating.

(6)This section applies to a motor vehicle instead of a requirement of the relevant ADR prohibiting a device that can make a sound like the sound of a bell from being fitted to the vehicle.

s 23 amd 2013 SL No. 294 s 7(3)–(4); 2015 SL No. 18 s 5

24Rear vision mirrors

(1)A rear vision mirror or mirrors must be fitted to a motor vehicle as required by this section so that a driver of the vehicle can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle.

(2)At least 1 rear vision mirror must be fitted to—

(a)a car; and

(b)a motortrike with 2 front wheels; and

(c)a motorbike, or motortrike with 1 front wheel, built before July 1975.

(3)At least 1 rear vision mirror must be fitted to each side of—

(a)a motor vehicle with a GVM over 3.5t; and

(b)a motorbike, or motortrike with 1 front wheel, built after June 1975.

(4)A motor vehicle with a GVM not over 3.5t, other than a motor vehicle mentioned in subsection (2) or (3), must be fitted with—

(a)at least 1 rear vision mirror on the right side of the vehicle; and

(b)at least 1 rear vision mirror on the left side of the vehicle or inside the vehicle.

(5)A rear vision mirror fitted to a motor vehicle with a GVM over 3.5t must not project over 150mm beyond the widest part, excluding lights, signalling devices and reflectors, of the vehicle or, if the vehicle forms part of a combination, the combination.

(6)However, the rear vision mirror may project not over 230mm beyond the widest part of the vehicle or combination if it can fold to project not over 150mm beyond the widest part.

s 24 amd 2014 SL No. 8 s 125(10)

25Rear vision mirrors—surfaces

(1)A rear vision mirror required to be fitted to the side of a motor vehicle with a GVM over 3.5t must have a reflecting surface of at least 150cm².

(2)The reflecting surface of the rear vision mirrors that are required to be fitted to a motorbike or moped must—

(a)each be of the same curvature; and

(b)if convex, be part of a notional sphere with a radius of at least 1.2m.

s 25 amd 2013 SL No. 294 s 7(5)–(6)

26Additional rear vision mirrors

A motor vehicle may be fitted with additional rear vision mirrors or mirror surfaces that are flat or convex or a combination of flat and convex surfaces.

27Automatic transmission

(1)A motor vehicle fitted with an automatic transmission must have an engine starter mechanism that can not operate when the transmission control is in a position to drive the vehicle.

(2)A motor vehicle built after 1975 that is fitted with an automatic transmission must have an indicator in the driver’s compartment showing the transmission control position.

(3)Subsections (1) and (2) do not apply to a motor vehicle with fewer than 4 wheels.

28Diesel engines

A motor vehicle propelled by a compression ignition engine, commonly known as a diesel engine, must be fitted with a device preventing the engine from being started accidentally or inadvertently.

29Bonnet securing devices

(1)A motor vehicle with a moveable body panel forward of the windscreen that covers an engine or luggage storage or battery compartment, must have a device to secure the panel.

(2)However, if the panel opens from the front in a way that partly or completely obstructs the driver’s forward view through the windscreen, the panel must have primary and secondary devices to secure the panel.

30Electrical wiring, components, connections and installations

(1)The wiring of electrical equipment of a vehicle, other than the high tension ignition wiring, must—

(a)be supported at intervals of not over 600mm, unless the vehicle is a pole-type trailer with a pole with an adjustable length, or an extendible trailer; and

(b)be insulated at each of its joints; and

(c)be located where it can not—

(i)become overheated; or

(ii)contact moving parts; or

(iii)come near enough to the fuel system to be a fire hazard; and

(d)be protected from chafing.

(1A)The electrical components of a vehicle must be securely mounted.

(2)The electrical connectors between motor vehicles and trailers, for operation of the vehicle lights required by these standards, must comply with—

(a)if the connector was fitted to the vehicle before 12 January 2014—Australian Standard AS 2513-1982 Electrical Connectors for Trailer Vehicles as it was in force on 4 November 1995; or

(b)if paragraph (a) does not apply—at least 1 of the following standards—

(i)Australian Standard AS 4177.5 Caravan and light trailer towing components—Electrical connectors;

(ii)Australian Standard AS 4735 Heavy road vehicles—Electrical connectors for articulated vehicles;

(iii)International Organisation for Standardisation ISO 1185 Road vehicles—Connectors for the electrical connection of towing and towed vehicles—7-pole connector type 24 N (normal) for vehicles with 24 V nominal supply voltage;

(iv)Society of Automotive Engineers International SAE J 560 Primary and Auxiliary Seven Conductor Electrical Connector for Truck-Trailer Jumper Cable.

(2A)For subsection (2)(b)—

(a)a reference to a standard using an alphanumerical designation is a reference to the standard as it was or is in force under that designation at the time the connector was or is fitted to the vehicle; and

Examples of alphanumerical designations—

•AS 4177.5

•ISO 1185

•SAE J 560

(b)the words appearing in italics after the standard’s designation are included for information purposes only.

(3)A trailer must be equipped with an electrical conductor, independent of the trailer coupling, that provides a return path between the electrical circuits of the trailer and towing vehicle.

(4)In this section—

ISO means a standard published by the International Organisation for Standardisation.

SAE means a standard published by the Society of Automotive Engineers International.

s 30 amd 2013 SL No. 294 s 7(7)–(10); 2014 SL No. 8 s 125(11)–(12)

31Television receivers and visual display units

(1)A television receiver or visual display unit must not be installed in a motor vehicle so any part of the image on the screen is visible to the driver from the normal driving position.

(2)However, subsection (1) does not apply to—

(a)a television receiver or visual display unit that can not be operated when the vehicle is moving; or

(b)a driver’s aid in any vehicle or a destination sign in a bus or minibus.

Examples for paragraph (b)—

•closed-circuit television security cameras

•dispatch systems

•navigational or intelligent highway and vehicle system equipment

•rear view screens

•ticket-issuing machines

•vehicle monitoring devices

(3)A television receiver, or visual display unit, and its associated equipment in a motor vehicle must be securely mounted in a position that—

(a)does not obscure the driver’s view of the road; and

(b)does not impede the movement of a person in the vehicle.

31AWhen windscreen must be fitted

If a motor vehicle, other than a moped, motorbike or motortrike, is designed or manufactured to have a windscreen, the motor vehicle must be fitted with a windscreen.

s 31A ins 2013 SL No. 294 s 7(11)

32Windscreens and windows

(1)Transparent material used in a windscreen, window, or an interior partition, of a motor vehicle must be of approved material if—

(a)the vehicle was built after June 1953; or

(b)the material was first fitted to the vehicle after June 1953.

(2)In this section—

approved material means material with the same characteristics as material mentioned in any of the following standards—

•Australian Standard AS R1-1965 Safety Glass for Land Transport

•Australian Standard AS R1-1968 Safety Glass for Land Transport

•Australian Standard AS 2080-1977 Safety Glass for Vehicles

•British Standard BS 857:1967 Specification for Safety Glass for Land Transport

•British Standard BS 5282:1975 Specification for Road Vehicle Safety Glass

•British Standard BS AU178:1980 Specification for Road Vehicle Safety Glass

•Japanese Industrial Standard JIS R 3211-1979 Safety Glasses for Road Vehicles

•American National Standard ANSI Z26.1-1980 Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway.

transparent material does not include any coating added to the windscreen, window or partition after its manufacture.

s 32 amd 2013 SL No. 294 s 7(12)

33Window tinting

(1)Glazing used in a windscreen of a motor vehicle must have a luminous transmittance of at least 70%.

(2)Glazing used in a windscreen of a motor vehicle must not be coated in a way that reduces its luminous transmittance.

(3)However, subsections (1) and (2) do not apply to the greater of the following areas of a windscreen—

(a)the area above the highest point of the windscreen that is swept by a windscreen wiper;

(b)the upper 10% of the windscreen.

(4)Glazing used in a window or interior partition of a motor vehicle must have a luminous transmittance of at least 70%.

(5)Glazing used in a window or interior partition of a motor vehicle may be coated to achieve a luminous transmittance of at least—

(a)for rear glazing used in a motor vehicle that is fitted with at least 1 rear vision mirror to each side of the vehicle—20%; or

(b)otherwise—35%.

(6)However, rear glazing used in a motor vehicle may be coated to achieve a luminous transmittance of 0% or more if—

(a)the vehicle is fitted with at least 1 rear vision mirror to each side of the vehicle; and

(b)the vehicle is primarily designed for the carriage of goods; and

(c)the vehicle has—

(i)at least 4 wheels; or

(ii)at least 3 wheels and a GVM of more than 1t.

(7)Glazing that has been coated to reduce its luminous transmittance must not have a reflectance of over 10%.

(8)The luminous transmittance requirement in subsection (5) or (6) applies to a vehicle instead of the corresponding requirements in the relevant ADR.

(9)In this section—

glazing means material fitted to the front, sides, rear or interior of a motor vehicle, through which the driver can see the road, but does not include a coating added after manufacture of the material.

luminous transmittance, for glazing or a coating on glazing, means the amount of light that can pass through the glazing as a percentage of the amount of light that would be transmitted if the glazing or coating were absent.

rear glazing, for a motor vehicle, means glazing used in a window or interior partition of the vehicle located behind the driver in the normal driving position.

s 33 amd 2015 SL No. 18 s 5(7); 2017 SL No. 170 s 18

34Windscreen wipers

(1)A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least 1 windscreen wiper unless a driver in a normal driving position can obtain an adequate view of the road ahead of the vehicle without looking through the windscreen.

(2)At least 1 windscreen wiper fitted to the vehicle must—

(a)be able to remove moisture from the part of the windscreen in front of the driver to allow the driver an adequate view of the road ahead of the vehicle when the windscreen is wet; and

(b)be able to be operated from a normal driving position; and

(c)for a vehicle built after 1934—continue to operate until the wiper is switched off; and

(d)for a vehicle built after 1959, the driving position of which is nearer one side of the vehicle than the other—

(i)be able to remove moisture from the part of the windscreen in front of the driver, and a corresponding part of the windscreen on the other side of the centre of the vehicle, to allow the driver an adequate view of the road ahead of the vehicle when the windscreen is wet; and

(ii)if the windscreen wiper is operated by engine manifold vacuum—be provided with a vacuum reservoir or pump to maintain the efficient operation of the wiper while the vehicle is in motion.

s 34 amd 2014 SL No. 8 s 125(13)–(14)

35Wheels and tyres—size and capacity

The wheels and tyres fitted to an axle of a vehicle must be of sufficient size and capacity to carry the part of the vehicle’s gross mass transmitted to the ground through the axle.

36Pneumatic tyres—generally

A vehicle built after 1932 must be fitted with pneumatic tyres.

37Pneumatic tyres—carcass construction

(1)A vehicle must not have pneumatic tyres of different carcass construction fitted to the same axle, but the tyres may have different cord materials and a different number of plies.

(2)However, subsection (1) does not apply to a tyre being used in an emergency as a temporary replacement for a tyre complying with the subsection.

s 37 amd 2014 SL No. 8 s 125(15)

38Pneumatic tyres—size and capacity

The size and capacity of a pneumatic tyre to be fitted to a vehicle must be decided using a cold inflation pressure that is not more than the lesser of—

(a)the pressure recommended by the tyre manufacturer; and

(b)a pressure of—

(i)for a radial ply tyre—825kPa; or

(ii)for another tyre—700kPa.

39Tyres—defects

A tyre fitted to a vehicle must be free of any apparent defect that could make the vehicle unsafe.

41Tyres—manufacturer’s rating

(1)This section applies to a motor vehicle if the vehicle—

(a)has 4 or more wheels; and

(b)was built after 1972.

(2)However, this section does not apply to a tyre if the tyre—

(a)is recommended by the vehicle manufacturer as suitable for limited use on the vehicle in special circumstances at a speed lower than the speed applying to the vehicle under subsection (3); or

(b)is being used in an emergency as a temporary replacement for a tyre complying with this section.

(3)A tyre fitted to a motor vehicle must, when first manufactured, have been rated by the tyre manufacturer as suitable for road use at the lower of—

(a)a speed of at least—

(i)for an off-road passenger vehicle—140km/h; or

(ii)for a car or car derivative—180km/h; or

(iii)for another motor vehicle—120km/h; and

(b)the vehicle’s top speed.

Example for paragraph (a)(i)—

a four-wheel drive vehicle

(4)This section applies to a motor vehicle instead of the tyre speed category requirements in the relevant ADR.

s 41 amd 2014 SL No. 8 s 125(16)

42Retreads

(1)A tyre that is retreaded before the commencement of this section must not be used on a vehicle if—

(a)Australian Standard AS 1973-1976 Retreaded Pneumatic Passenger Car and Light Truck Tyres or Australian Standard AS 1973-1985 Retreaded Pneumatic Passenger and Light Truck Tyres applies to the tyre; and

(b)the tyre was retreaded after publication of the standard; and

(c)the tyre was not retreaded in accordance with—

(i)Australian Standard AS 1973-1976 Retreaded Pneumatic Passenger Car and Light Truck Tyres; or

(ii)Australian Standard AS 1973-1985 Retreaded Pneumatic Passenger and Light Truck Tyres; or

(iii)Australian Standard AS 1973-1993 Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes.

(2)A tyre that is retreaded after the commencement of this section must not be used on a vehicle if—

(a)Australian Standard AS 1973-1993 Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes applies to the tyre; and

(b)the tyre was not retreaded in accordance with the standard.

43Tyre tread

(1)A tyre fitted to a vehicle must not have cleats or other gripping devices that could damage road surfaces.

(2)A tyre fitted to the vehicle must have a tread pattern at least 1.5mm deep, other than at tread wear indicators, in a band that runs continuously—

(a)across the tyre width that normally comes into contact with the road; and

(b)around the whole circumference of the tyre.

(3)A vehicle must not be fitted with a tyre that has been treated by recutting or regrooving the tread rubber, unless the tyre was—

(a)constructed with an extra thickness of rubber designed for recutting or regrooving; and

(b)labelled to indicate the construction.

s 43 amd 2014 SL No. 8 s 125(17)

44Alternative tyres, rims and wheels

(1)Tyres and rims fitted to a car, car derivative or off-road passenger vehicle need not comply with an ADR applied by section 7(1) or 8(1) if—

(a)for a vehicle manufactured before 1 January 1974—the combination of tyre and rim accords with the specifications contained in 1 of the following manuals—

(i)the Japanese Industrial Standard (JIS-D4218);

(ii)the European Tyre and Rim Technical Organisation Practices (E.T.R.T.O.);

(iii)the Deutsche Industrie Norm (DIN) 7818;

(iv)the Deutsche Industrie Norm (DIN) 7817; and

(b)the minimum tyre width is 70% of the width of the widest tyre fitted to the vehicle but not less than the vehicle manufacturer’s narrowest optional tyre.

(2)A car, car derivative or off-road passenger vehicle using car tyres must not be fitted with—

(a)any wheel in which the wheel-securing stud holes are not circular; or

(b)for a vehicle manufactured on or after 1 July 1985, a wheel that—

(i)is not approved as original equipment or original equipment replacement by the vehicle manufacturer; or

(ii)is not indelibly marked with the wheel’s nominal diameter and width, offset, and the mark of a standard of an approved organisation in a location so that they are readily visible when the wheel is correctly installed on the vehicle; or

(c)any eccentric wheel stud or eccentric wheel nut.

(3)In this section—

approved organisation means any of the following—

(a)Wheel Industries Association (Australia);

(b)Standards Australia;

(c)Technischer Uberwachungsverein;

(d)Japanese Industrial Standards.

s 44 sub 2012 SL No. 138 s 11(1)

45Steering gear and handlebars

(1)The handlebars on a motorbike must extend at least 250mm, but not over 450mm, on each side of the longitudinal axis of the motorbike.

(2)In taking a measurement for subsection (1), mirrors and lights mounted on the handlebars of the motorbike are to be disregarded.

(3)The lowest part of the hand grip on the handle bars must not be higher than 380mm above the attachment point of the handlebars to the motorbike.

(4)Hand grips on the handle bars must be fitted symmetrically.

(5)If a motorbike has the head stem as the steering pivot point, the horizontal distance from the midpoint between the head stem bearings to the centre of the front wheel must not be over 550mm.

46Foot rests

A motorbike must be fitted with foot rests for the driver, and for any passenger for whom a seating position is provided.

47Chain guards

(1)If the engine power of a motorbike is transmitted to the rear wheel by a chain, the driver and any passenger must be protected from the front sprocket and at least the upper part of the chain by—

(a)the frame or equipment of the motorbike; or

(b)a chain guard.

(2)A chain guard must cover the chain to a point—

(a)at least 300mm to the rear of the rearmost foot rest; or

(b)above the centre of the rear drive sprocket.

48Vehicle and engine identification numbers

(1)The engine of a motor vehicle must have an individual engine identification number clearly stamped, embossed or otherwise permanently marked on it.

(2)The engine of motor vehicle built after 1930 must have the engine identification number on the engine block or main component.

(3)A vehicle must have an individual vehicle identification number clearly stamped, embossed or otherwise permanently marked on a substantial part of its frame or chassis.

(4)A vehicle or engine identification number must be located where a person can read it easily without having to use tools to remove a part of the vehicle that would otherwise obstruct the person’s view.

(5)In this section—

number includes letter.

49White or silver band on certain vehicles

(1)This section applies to a vehicle that—

(a)is at least 2.2m wide; and

(b)has a body with a vertical measurement under 300mm at the rear, measured from the lowest point of the body above ground level to the highest point; and

(c)is not fitted with rear marking plates or conspicuity markings in accordance with section 101.

(2)The vehicle must have a white or silver band at least 75mm high across the full width of the rearmost part of the body of the vehicle.

s 49 amd 2014 SL No. 8 s 125(18)–(19); 2019 SL No. 51 s 22

51Warning signs not to be displayed on other vehicles

A road train warning sign or a long vehicle warning sign must not be displayed on a vehicle unless the sign is required to be displayed on the vehicle under the Heavy Vehicle (Vehicle Standards) National Regulation, schedule 3, section 5.

s 51 amd 2014 SL No. 8 s 125(21)

54Axle configuration

(1)A motor vehicle must have only—

(a)1 axle group, or single axle, towards the front of the vehicle; and

(b)1 axle group, or single axle, towards the rear of the vehicle.

(2)A trailer must have only—

(a)1 axle group or single axle; or

(b)2 axle groups, 2 single axles, or 1 axle group and single axle, in the following configuration—

(i)1 axle group, or single axle, towards the front of the vehicle, with all the wheels on the axle group or single axle connected to the steering mechanism for that part of the trailer;

(ii)1 axle group, or single axle, towards the rear of the vehicle.

(3)A semitrailer that is extendible, or is fitted with sliding axles, must—

(a)have a securing device that—

(i)can securely fix the extendible part or sliding axles to the rest of the vehicle in any position of adjustment provided; and

(ii)is located in a position that can prevent accidental or inadvertent release, if the device is mounted on the chassis of the vehicle; and

(iii)is fitted with a visible or audible warning system to indicate to a person standing beside the vehicle that the device is not engaged; and

(iv)is fitted with a way of preventing loss of air from the air brake supply, if the device uses air from the brake system and fails in a way allowing air to escape; and

(v)is held in the applied position by direct mechanical action without the intervention of an electric, hydraulic or pneumatic device; and

(b)be built so the adjustable parts of the vehicle remain connected if the securing device fails.

s 54 amd 2014 SL No. 8 s 125(23)–(25)

56Certain requirements apply only at night

The requirements of this part for a light, other than a brake or direction indicator light, to be visible over a stated distance apply only at night.

57Prevention of glare

A light, other than a high-beam headlight, fitted to a vehicle must be built and adjusted to provide the necessary amount of light, without dazzling the driver of another vehicle approaching, or being approached by, the vehicle.

58Pairs of lights

(1)If lights are required under these standards to be fitted to a vehicle in pairs—

(a)a light must be fitted on each side of the longitudinal axis of the vehicle; and

(b)the centre of each light in a pair must be the same distance from the longitudinal axis of the vehicle; and

(c)the centre of each light in a pair must be at the same height above ground level; and

(d)each light in a pair must project approximately the same amount of light of the same colour.

(2)Subsection (1) applies to a motorbike with an attached sidecar as if the sidecar were not attached.

59Headlights to be fitted to vehicles

(1)A motor vehicle must be fitted with—

(a)if it is a moped, motorbike, or motortrike with 1 front wheel—1 low-beam headlight; or

(b)if it has 4 or more wheels or is a motortrike, other than a moped, with 2 front wheels—a pair of low-beam headlights.

(2)If a motor vehicle built after 1934 can travel at over 60km/h—

(a)each low-beam headlight mentioned in subsection (1) must be able to work in the high-beam position; or

(b)the vehicle must be fitted with—

(i)1 headlight that can work in the high-beam position if the vehicle is required to have 1 low-beam headlight; or

(ii)a pair of headlights that can work in the high-beam position.

(3)A motorbike may be equipped with a headlight modulation system that—

(a)varies the brightness of its high-beam headlight or low-beam headlight, but not both, at a rate of at least 200 and at most 280 flashes a minute; and

(b)is designed to operate only in the daylight.

(4)Up to 4 additional headlights may be fitted to a motor vehicle with 4 or more wheels, a motor bike or a motortrike.

s 59 amd 2017 SL No. 170 s 19

60How headlights are to be fitted

(1)The centres of low-beam headlights fitted as a pair on a motor vehicle with 4 or more wheels must be at least 600mm apart.

(2)However, subsection (1) does not apply to a motor vehicle built before 1970 if the centres of its low-beam headlights—

(a)were under 600mm apart when the vehicle was built; and

(b)are not nearer than they were when the vehicle was built.

(3)Each low-beam headlight of a pair on a motortrike, other than a moped, with 2 front wheels must not be over 400mm from the nearer side of the vehicle.

(4)The centre of a low-beam headlight fitted to a motor vehicle built after June 1953 must be—

(a)at least 500mm above ground level; and

(b)not over 1.4m above ground level.

61How single headlights are to be fitted

(1)A motorbike or motortrike with a single headlight fitted must have the light fitted in the centre.

(2)Subsection (1) applies to a motorbike with an attached sidecar as if the sidecar were not attached.

62How additional headlights are to be fitted

Any additional headlights fitted to a vehicle must face forwards and be symmetrical in relation to the centre line of the vehicle.

Example—

s 62 sub 2017 SL No. 170 s 20

63Performance of headlights

(1)When on, a headlight, or additional headlight, fitted to a motor vehicle must—

(a)show only white light; and

(b)project its main beam of light ahead of the vehicle.

(2)Headlights must be fitted to a motor vehicle so their light does not reflect off the vehicle into the driver’s eyes.

64Effective range of headlights

(1)This section applies to a headlight that is on at night.

(2)A low-beam headlight must illuminate the road ahead of the motor vehicle for at least 25m.

(3)A high-beam headlight must illuminate the road ahead of the motor vehicle for at least 50m.

(4)However, a low-beam headlight fitted to a motor vehicle built before 1931, or a moped, need only illuminate the road ahead of the vehicle for 12m.

65Changing headlights from high-beam to low-beam position

(1)A motor vehicle built after 1934 that can travel at over 60km/h must be fitted with—

(a)a dipping device enabling the driver in the normal driving position—

(i)to change the headlights from the high-beam position to the low-beam position; or

(ii)simultaneously to switch off a high-beam headlight and switch on a low-beam headlight; and

(b)for a motor vehicle built after June 1953, a device to indicate to the driver that the headlights are in the high-beam position.

(2)A headlight fitted to a motor vehicle that is not fitted with a dipping device mentioned in subsection (1)(a) must operate in the low-beam position.

(3)When a headlight fitted to a motor vehicle is switched to the low-beam position, any other headlight on the vehicle must operate only in the low-beam position or be off.

66Parking lights

(1)A motor vehicle built after June 1953 must be fitted with—

(a)if it is a motortrike with 2 front wheels, other than a moped, or a motor vehicle with 4 or more wheels—a pair of parking lights; or

(b)if it is a motorbike with an attached sidecar, or a motortrike with 1 front wheel, other than a moped—at least 1 parking light.

(2)A pair of parking lights fitted to a motor vehicle with 4 or more wheels must be fitted with the centre of each light—

(a)at least 600mm from the centre of the other light; and

(b)not over 510mm from the nearer side of the vehicle.

(3)However, a pair of parking lights fitted to a motor vehicle under 1,300mm wide may be fitted with the centre of each light not under 400mm from the centre of the other light.

(4)A parking light fitted to a motortrike with 2 front wheels must not be over 400mm from the nearer side of the vehicle.

(5)A parking light fitted to a motorbike with a sidecar must be fitted not over 150mm from the side of the sidecar furthest from the motorbike.

(6)When on, a parking light must—

(a)show a white or yellow light visible 200m from the front of the motor vehicle; and

(b)not use over 7W.

(7)A parking light fitted to a motor vehicle built after 1969 must be wired so the parking light is on when a headlight on the vehicle is on.

(8)A parking light fitted to a sidecar attached to a motorbike must be wired to operate when a headlight, tail-light or parking light on the motorbike is on.

s 66 amd 2014 SL No. 8 s 125(26)

67Daytime running lights

(1)A pair of daytime running lights may be fitted to a motor vehicle.

(2)A pair of daytime running lights fitted to a motor vehicle with 4 or more wheels must be fitted with the centre of each light—

(a)at least 600mm from the centre of the other light; and

(b)not over 510mm from the nearer side of the vehicle.

(3)However, a pair of daytime running lights fitted to a motor vehicle under 1,300mm wide may be fitted with the centre of each light not under 400mm from the centre of the other light.

(4)When on, a daytime running light must—

(a)show a white or yellow light visible from the front of the vehicle; and

(b)not use over 25W.

(5)Daytime running lights must be wired so they are off when a headlight, other than a headlight being used as a flashing signal, is on.

s 67 amd 2014 SL No. 8 s 125(26)

68Tail-lights generally

(1)A vehicle must have at least 1 tail-light fitted on or towards the rear of the vehicle.

(2)A motortrike with 2 rear wheels, or a motor vehicle with 4 or more wheels, built after 1959 must have at least 1 tail-light fitted on or towards each side of the rear of the vehicle.

(3)A trailer built after June 1973 must have at least 1 tail-light fitted on or towards each side of the rear of the vehicle.

(4)The centre of a tail-light mentioned in subsection (1), (2) or (3) must not be over—

(a)1.5m above ground level; or

(b)if it is not practicable to fit the light lower, 2.1m above ground level.

(5)A vehicle may have 1 or more additional tail-lights at any height above ground level.

70Pattern of fitting tail-lights

(1)If only 1 tail-light is fitted to a vehicle, it must be fitted in the centre or to the right of the centre of the vehicle’s rear.

(2)Subsection (1) applies to a motorbike with an attached sidecar as if the sidecar were not attached.

(3)If 2 or more tail-lights are fitted to a vehicle, at least 2 must be fitted as a pair.

(4)Tail-lights fitted in accordance with this division may also serve as rear clearance lights if they are fitted to a vehicle in accordance with section 76(3).

71Performance of tail-lights

(1)When on, a tail-light of a vehicle must—

(a)show a red light visible 200m from the rear of the vehicle; and

(b)not use over 7W.

(2)A tail-light fitted to a street rod vehicle may incorporate a blue lens not over 20mm in diameter.

72Wiring of tail-lights

A tail-light of a motor vehicle must be wired to come on, and stay on, when a parking light or headlight on the vehicle is on, unless an external switch is fitted to operate the tail-light.

73Number plate lights

(1)At least 1 number plate light must be fitted to the rear of a vehicle.

(2)When on at night, the number plate light must illuminate a number plate on the rear of the vehicle with white light, so the characters on the number plate can be read at least 20m from the rear of the vehicle.

(3)A number plate light—

(a)may be combined with another light; and

(b)must not project white light to the rear of the vehicle other than by reflection; and

(c)must not obscure the characters on the number plate; and

(d)must be wired to come on, and stay on, when a parking light, headlight or tail-light on the vehicle is on.

s 73 amd 2014 SL No. 8 s 125(26)–(27)

74Front clearance lights

(1)Front clearance lights may only be fitted to a vehicle that is at least 1.8m wide.

(2)A pair of front clearance lights must be fitted to a motor vehicle that is at least 2.2m wide, or a prime mover.

(3)The centre of a front clearance light must be—

(a)not over 400mm from the nearer side of the vehicle; and

(b)if the vehicle was built after June 1953—

(i)at least 750mm higher than the centre of any low-beam headlight fitted to the vehicle; or

(ii)not lower than the top of the windscreen.

(4)However, a front clearance light may be mounted on an external rear vision mirror or a mirror support if, when the mirror is correctly adjusted, no part of the lens of the clearance light is visible to a person in the normal driving position.

(5)When on, a front clearance light must—

(a)show a yellow or white light visible 200m from the front of the vehicle; and

(b)not use over 7W.

75External cabin lights

(1)A motor vehicle fitted with front clearance lights may also have additional forward-facing lights on or above the roof of its cabin.

(2)The additional forward-facing lights must be spaced evenly between the front clearance lights, with their centres at least 120mm apart.

(3)When on, an additional forward-facing light must—

(a)show a yellow or white light; and

(b)not use over 7W.

76Rear clearance lights

(1)Rear clearance lights may only be fitted to a vehicle that is at least 1.8m wide.

(2)A pair of rear clearance lights must be fitted to the rear of a vehicle that is at least 2.2m wide.

(3)The centre of a rear clearance light must be—

(a)not over 400mm from the nearer side of the vehicle; and

(b)if practicable, at least 600mm above ground level.

(4)When on, a rear clearance light must—

(a)show a red light visible 200m from the rear of the vehicle; and

(b)not use over 7W.

77Vehicles needing side marker lights

(1)A pair of side marker lights must be fitted towards the rear of the sides of a motor vehicle that is over 7.5m long and at least 2.2m wide.

(2)A pole-type trailer or a motor vehicle built to tow a pole-type trailer, each with at least 1 cross-bar or bolster, must have a side marker light fitted to each side of the back or only cross-bar or bolster.

(3)A pole-type trailer with 2 or more cross-bars or bolsters may also have a side marker light fitted to each side of the front cross-bar or bolster.

(4)At least 2 side marker lights must be fitted to each side of—

(a)a trailer, other than a pole-type trailer, that is at least 2.2m wide and not over 7.5m long; and

(b)a semitrailer that is not over 7.5m long.

(5)At least 3 side marker lights must be fitted to each side of—

(a)a trailer, other than a pole-type trailer, that is at least 2.2m wide and over 7.5m long; and

(b)a semitrailer that is over 7.5m long.

s 77 amd 2014 SL No. 8 s 125(28)

78Location of side marker lights

(1)The centre of a side marker light must not be over 150mm from the nearer side of the vehicle.

(2)A front side marker light fitted to a motor vehicle must be towards the front of the side of the vehicle with no part of the lens visible to the driver.

(3)The centre of a front side marker light fitted to a trailer must be—

(a)within 300mm of the front of the side of the trailer; or

(b)if the construction of the trailer makes it impracticable to comply with paragraph (a)—as near as practicable to the front of the trailer.

(4)The centre of a rear side marker light fitted to a vehicle must be—

(a)within 300mm of the rear of the side of the vehicle; or

(b)if the construction of the vehicle makes it impracticable to comply with paragraph (a)—as near as practicable to the rear of the vehicle.

(5)Side marker lights fitted to a vehicle must, as far as practicable, be evenly spaced along the side of the vehicle.

(6)Subsections (2) to (5) do not apply to side marker lights fitted to a cross-bar or bolster of a pole-type trailer.

(7)Only the side marker lights nearest to the rear need be fitted if complying with subsections (3) and (4) would result in the front and rear side marker lights being under 2.5m apart.

(8)A side marker light fitted to a vehicle must be fitted so—

(a)its centre is not over—

(i)1.5m above ground level; or

(ii)if it is not practicable to fit it lower—2.1m above ground level; and

(b)its centre is at least 600mm above ground level; and

(c)it is, as far as practicable, in a row of side marker lights along the side of the vehicle.

(9)Subsection (8)(a) does not apply to a side marker light that is not required to be fitted to the vehicle by section 77.

79Performance of side marker lights

(1)When on, a side marker light fitted to a vehicle must—

(a)show a light visible 200m from the vehicle; and

(b)not use over 7W.

(2)When on, a side marker light fitted to a vehicle must show—

(a)to the front of the vehicle—a yellow light; and

(b)to the rear of the vehicle—

(i)if the light also operates as a rear light or reflector—a red light; and

(ii)in any other case—a red or yellow light.

(3)However, if a pole-type trailer with 2 or more cross-bars or bolsters has the side marker lights permitted by section 77(3)—

(a)the side marker lights fitted to the front cross-bar or bolster may comply with subsection (2)(a) only; and

(b)the side marker lights fitted to the back cross-bar or bolster may comply with subsection (2)(b) only.

80Side marker lights and rear clearance lights

The side marker light nearest to the rear of a vehicle may also be a rear clearance light for section 76.

81Fitting brake lights

(1)A brake light must be fitted to the rear of a vehicle built after 1934.

(2)A pair of brake lights must be fitted to the rear of—

(a)a motor vehicle built after 1959 that has 4 or more wheels; and

(b)a motortrike built after 1959 that has 2 rear wheels; and

(c)a trailer built after June 1973.

(3)The centre of a brake light must be—

(a)at least 350mm above ground level; and

(b)not over—

(i)1.5m above ground level; or

(ii)if it is not practicable to fit the light lower—2.1m above ground level.

(4)A vehicle may be fitted with 1 or more additional brake lights.

(5)The centre of an additional brake light must be at least 350mm above ground level.

(6)If only 1 brake light is fitted to a vehicle, it must be fitted in the centre or to the right of the centre of the vehicle’s rear.

(7)Subsection (6) applies to a motorbike with an attached sidecar as if the sidecar were not attached.

(8)If a vehicle was built before 1 January 1973, a light fitted to the vehicle that functions as both a brake light and a direction indicator light is taken to be a brake light for this section.

s 81 amd 2014 SL No. 8 s 125(29); 2017 SL No. 170 s 21

83Performance and operation of brake lights

(1)When on, a brake light must show a red light visible 30m from the rear of the vehicle.

(2)A brake light fitted to a street rod vehicle may incorporate a blue lens not over 20mm in diameter.

(3)A brake light fitted to a motor vehicle must come on, if it is not already on, when—

(a)for a vehicle with 4 or more wheels or built after 1974—a service brake is applied; or

(b)for another vehicle—the rear wheel brake is applied.

(4)Subsection (3) does not apply if the controls in the vehicle that start the engine are in a position that makes it impossible for the engine to operate.

(5)A brake light on a trailer must come on when—

(a)the brake light of the towing vehicle comes on; or

(b)a brake control on the towing vehicle, that independently activates the service brake on the trailer, is operated.

(6)A brake light may be operated by an engine brake, retarder, or similar device if the device does not interfere with the proper operation of the brake light.

84Reversing lights

(1)One or more reversing lights may be fitted to the rear of a vehicle and on each side towards the rear of the vehicle.

(2)A reversing light must have its centre not over 1.2m above ground level.

(3)When on, a reversing light must show a white or yellow light to the rear or to the side and rear of the vehicle.

(4)A reversing light fitted to a motor vehicle must be wired so it operates only when the vehicle is reversing or in reverse gear.

(5)A reversing light fitted to a trailer must be wired so it operates only when a motor vehicle towing the trailer is reversing or in reverse gear.

(6)A yellow reversing light may also operate as a direction indicator light.

85Direction indicator lights on motor vehicles

(1)A motor vehicle with 4 or more wheels that was built after August 1966 must have—

(a)a pair of direction indicator lights fitted on, or towards, its front that face forwards; and

(b)a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

(2)A motor vehicle with fewer than 4 wheels that was built after June 1975 must have—

(a)a pair of direction indicator lights fitted on, or towards, its front that face forwards; and

(b)a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

(3)A motor vehicle that is not required to have direction indicator lights may have—

(a)1 or more pairs of direction indicator lights that are visible from both the front and rear of the vehicle; or

(b)both—

(i)a pair of direction indicator lights fitted on, or towards, its front that face forwards; and

(ii)a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

86Direction indicator lights on trailers

(1)A trailer built after June 1973 must have a pair of direction indicator lights fitted on, or towards, its rear that face backwards.

(2)A trailer that is not required to have direction indicator lights may have 1 or more pairs of direction indicator lights fitted on, or towards, its rear that face backwards.

87Location of direction indicator lights

(1)A pair of direction indicator lights fitted to a vehicle must have the centre of each light at least—

(a)for a motorbike or the single wheel end of a motortrike—300mm from the centre of the other light; and

(b)for lights fitted at the 2-wheel end of a motortrike—600mm from the centre of the other light, unless the centre of each direction indicator light is not over 400mm from the nearer side of the vehicle; and

(c)for another vehicle with a width of not over 1,300mm—400mm from the centre of the other light; and

(d)for another vehicle with a width of over 1,300mm—600mm from the centre of the other light.

(2)The centre of each direction indicator light must be at least 350mm above ground level.

(3)The centre of each light in a pair of direction indicator lights required to be fitted to a vehicle must not be over—

(a)1.5m above ground level; or

(b)if it is not practicable for the light to be fitted lower—2.1m above ground level.

s 87 amd 2014 SL No. 8 s 125(30)

88Operation and visibility of direction indicator lights

(1)A direction indicator light fitted to a motor vehicle must—

(a)when operating, display regular flashes of light at a rate of not over 120, and—

(i)for a motor vehicle with 4 or more wheels—at least 60 flashes a minute; and

(ii)for another motor vehicle—at least 45 flashes a minute; and

(b)be able to be operated from the normal driving position by the driver; and

(c)be wired to an audible or visible device in the vehicle that tells the driver that the direction indicator light is operating; and

(d)flash at the same time and rate as any other direction indicator lights fitted on the same side of the vehicle.

(2)A direction indicator light fitted to a side of a trailer must, when operating, flash at the same time and rate as the direction indicator light or lights fitted to the same side of the motor vehicle towing the trailer.

(3)The flashes of light displayed by a direction indicator light must be—

(a)if the light faces forwards—white or yellow; and

(b)if the light faces backwards—

(i)yellow; or

(ii)if a vehicle was built before July 1973—yellow or red; and

(c)if the light faces out from the side of the vehicle—

(i)white or yellow towards the front and side; and

(ii)if a vehicle was built before July 1973—yellow or red towards the rear and side; and

(iii)if a vehicle was built after June 1973—yellow towards the rear and side.

(4)If a motor vehicle’s direction indicator lights display only yellow light, the vehicle may be equipped to allow the lights to operate simultaneously on both sides of the vehicle, if a visible or audible signal tells the driver when the lights are operating simultaneously.

(5)When on, a direction indicator light must be visible 30m from—

(a)if the light faces forwards—the front of the vehicle; or

(b)if the light faces backwards—the rear of the vehicle; or

(c)if the light faces out from the side of the vehicle—that side of the vehicle.

(6)When on, each direction indicator light in at least 1 pair of lights fitted on or towards the front of a prime mover, or a motor vehicle over 7.5m long, must be visible at a point—

(a)1.5m at right angles from the side of the vehicle where the light is fitted; and

(b)in line with the rear of the vehicle.

89Front fog lights

(1)A pair of front fog lights may be fitted to a motor vehicle with 4 or more wheels.

(2)A pair of front fog lights, or a single front fog light, may be fitted to a motorbike or motortrike.

(3)A pair of front fog lights fitted to a motor vehicle with 4 or more wheels must have the centre of each light not over 400mm from the nearer side of the vehicle unless the centres of the lights are at least 600mm apart.

(4)If the top of the front fog light is higher than the top of any low-beam headlight on the vehicle, the centre of the fog light must not be higher than the centre of the low-beam headlight.

(5)A front fog light must—

(a)when on—

(i)project white or yellow light in front of the vehicle; and

(ii)be a low-beam light; and

(b)be able to be operated independently of any headlight; and

(c)be fitted so the light from it does not reflect off the vehicle into the driver’s eyes.

90Rear fog lights

(1)A vehicle may have fitted to its rear—

(a)a pair of rear fog lights; or

(b)1 rear fog light fitted on, or to the right, of the centre of the vehicle.

(2)Subsection (1)(b) applies to a motorbike with an attached sidecar as if the sidecar were not attached.

(3)A rear fog light must—

(a)have its centre—

(i)not over 1.5m above ground level; and

(ii)at least 100mm from the centre of a brake light; and

(b)when on, project red light behind the vehicle; and

(c)not use over 27W; and

(d)be wired to a visible device in the vehicle that tells the driver that the rear fog light is operating.

91Interior lights

A vehicle may be fitted with interior lights that illuminate any interior part of the vehicle.

92General requirements for reflectors

(1)A reflector fitted to a vehicle must show a red, yellow or white reflection of light when light is projected directly onto the reflector at night by a low-beam headlight that—

(a)is 45m from the reflector; and

(b)complies with these standards.

(2)The reflection must be clearly visible from the position of the headlight.

93Rear reflectors

(1)A motor vehicle with 4 or more wheels, and a trailer, must have a rear-facing red reflector towards each side of its rear.

(2)A motorbike, a sidecar attached to a motorbike, and a motortrike, must have a rear-facing red reflector.

(3)The centre of each reflector must be—

(a)at the same height above ground level; and

(b)not over 1.5m above ground level.

(4)However, subsection (3) does not apply to a reflector fitted to a sidecar attached to a motorbike.

(5)A reflector fitted to a motor vehicle with 4 or more wheels, or a trailer, must not be over 400mm from the nearer side of the vehicle.

(6)A vehicle fitted with rear-facing red reflectors in accordance with subsection (1) or (2) may be fitted with additional red reflectors at any height above ground level or at any distance from the side of the vehicle.

s 93 amd 2014 SL No. 8 s 125(30)–(33)

94Compulsory side reflectors on pole-type trailers

(1)Yellow or red side-facing reflectors must be fitted to the pole of a pole-type trailer so that—

(a)1 reflector is fitted to the middle third of the left and right faces of the pole; and

(b)the front reflector is not over 3m from the front of the trailer; and

(c)the other reflectors are not over 3m apart.

(2)Additional side-facing reflectors may be fitted to a pole-type trailer in accordance with section 95.

95Optional side reflectors

(1)A vehicle may be fitted with side-facing reflectors.

(2)A side-facing reflector—

(a)towards the front of the vehicle must be yellow or white; and

(b)towards the rear of the vehicle must be yellow or red; and

(c)on the central part of the vehicle must be yellow.

96Compulsory front reflectors on certain trailers

(1)A front-facing white or yellow reflector must be fitted towards each side of the front of either the following trailers—

(a)a semitrailer, other than a pole-type trailer;

(b)a trailer that is at least 2.2m wide.

(2)A front-facing white or yellow reflector must be fitted towards the front of the front cross-bar or bolster of a pole-type trailer.

(3)Each reflector must have its centre—

(a)at the same height above ground level; and

(b)not over 1.5m above ground level; and

(c)not over 400mm from the nearer side of the vehicle.

(4)Additional front-facing reflectors may be fitted to a trailer mentioned in subsection (1) in accordance with section 98.

s 96 amd 2011 SL No. 64 s 40; 2014 SL No. 8 s 125(34)

98Optional front reflectors

(1)A motor vehicle with 4 or more wheels, or a trailer, may have 1 or more front-facing white or yellow reflectors fitted towards each side of its front.

(2)A motor vehicle with fewer than 4 wheels may have 1 or more front-facing white or yellow reflectors.

(3)The centre of at least 1 reflector on each side of the front of the vehicle must be—

(a)at the same height above ground level as the centre of the other reflector; and

(b)the same distance from the longitudinal axis of the vehicle as the centre of the other reflector; and

(c)at least—

(i)if a vehicle has a width under 1.3m—400mm from the centre of the other reflector; or

(ii)if a vehicle has a width of 1.3m or over—600mm from the centre of the other reflector.

s 98 amd 2014 SL No. 8 s 125(35)

99Other lights and reflectors

(1)Despite any requirement of a third edition ADR—

(a)an exempt vehicle may be fitted with any light or reflector; and

(b)a special use vehicle may be fitted with 1 or more flashing yellow lights.

(2)A vehicle, other than a police vehicle, must not be fitted with a blue light except with the written permission of the commissioner.

(3)A vehicle may be fitted with a light or reflector not mentioned in these standards only if the light or reflector is required or permitted to be fitted to a vehicle under an Act.

(4)A vehicle, other than an exempt vehicle or a special use vehicle, must not be fitted with a light that flashes.

(5)A vehicle, other than an exempt vehicle, must not be fitted with a light or reflector that—

(a)shows a red light to the front; or

(b)shows a white light to the rear; or

(c)is shaped or located in a way that reduces the effectiveness of a light or reflector that is required to be fitted to the vehicle under these standards.

(6)In this section—

exempt vehicle means any of the following vehicles—

(a)a police vehicle;

(b)an emergency vehicle;

(c)a transport enforcement vehicle;

(d)an Australian Border Force vehicle;

(e)an Airservices Australia vehicle.

special use vehicle means any of the following vehicles—

(a)a vehicle built or fitted for use in hazardous situations on a road;

(b)an oversize light vehicle authorised to be driven on a road under a guideline or permit issued under part 3;

(c)a vehicle built or fitted to accompany—

(i)a vehicle mentioned in paragraph (b); or

(ii)a heavy vehicle that—

(A)is an oversize vehicle within the meaning of the Heavy Vehicle National Law (Queensland); and

(B)is being used on a road under a mass or dimension exemption within the meaning of that Law;

(d)a vehicle, whether or not a school bus, fitted with warning lights and warning signs under the Transport Operations (Passenger Transport) Standard 2010, schedule 1, part 4, section 19 or 25(1).

s 99 amd 2011 SL No. 287 s 15; 2013 SL No. 294 s 7(13); 2014 SL No. 8 s 125(35)–(38); 2014 SL No. 161 s 79(2); 2015 SL No. 18 s 5

101Rear marking plates and conspicuity markings

(1)Rear marking plates or conspicuity markings may be fitted to a motor vehicle or a trailer.

Note—

See also VSB 12 for requirements about ‘Do not overtake turning vehicle’ signs that may apply to a vehicle fitted with conspicuity markings.

(2)If a rear marking plate is fitted to a motor vehicle or a trailer it must comply with VSB 12.

(3)In this section—

conspicuity marking means a conspicuity marking within the meaning of ADR 13/00.

VSB means the Vehicle Standards Bulletin.

Note—

The VSB is available on the National Heavy Vehicle Regulator’s website.

s 101 sub 2014 SL No. 8 s 125(40)

amd 2019 SL No. 51 s 23

102Signalling devices

(1)This section applies to a motor vehicle if—

(a)the vehicle is not fitted with a brake light or direction indicator light mentioned in division 9 or 11; and

(b)the construction of the vehicle would otherwise prevent the driver from hand signalling an intention—

(i)to turn or move the vehicle to the right; or

(ii)to stop or suddenly reduce the speed of the vehicle.

(2)The vehicle must be fitted with—

(a)a mechanical signalling device complying with section 103; or

(b)a pair of turn signals complying with section 104.

103Mechanical signalling devices

(1)A mechanical signalling device must—

(a)be fitted to the right side of the vehicle; and

(b)be able to be operated by the driver from a normal driving position; and

(c)consist of a white or yellow representation of an open human hand at least 15cm long; and

(d)be constructed so that the driver of the vehicle can keep the device—

(i)in a neutral position so that it is unlikely that the driver of another vehicle or anyone else would regard it as a signal; and

(ii)in a horizontal position with the palm of the hand facing forwards and the fingers pointing out at a right angle to the vehicle to signal an intention to turn or move right; and

(iii)with the palm of the hand facing forwards and the fingers pointing upwards to signal an intention to stop or reduce speed suddenly.

(2)When the mechanical signalling device is in a position mentioned in subsection (1)(d)(ii) or (iii), the complete hand must be clearly visible from both the front and the rear of the vehicle, at a distance of 30m.

104Turn signals

A turn signal must—

(a)consist of a steady or flashing illuminated yellow sign at least 15cm long and 25mm wide that—

(i)when in operation—is kept horizontal; and

(ii)when not in operation—is kept in a position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal; and

(b)be fitted to the side of the vehicle at least 50cm and not over 2.1m above ground level, in a position so that the driver of the vehicle, from the normal driving position, can see whether the signal is in operation; and

(c)be able to be operated by the driver from the normal driving position; and

(d)when in operation, be visible from both the front and rear of the vehicle at a distance of 30m.

105Certain vehicles used in daylight

This part does not apply to a vehicle built before 1931 that is used only in the daylight.

106Certain vehicles used for collection or exhibition purposes

This part does not apply to a vehicle built before 1946 that is used mainly for exhibition purposes.

107Components of a braking system

A brake tube or hose fitted to a vehicle must—

(a)be manufactured from a material appropriate to its intended use in the vehicle; and

(b)be long enough to allow for the full range of steering and suspension movements of the vehicle; and

(c)be fitted to prevent it being damaged during the operation of the vehicle by—

(i)a source of heat; or

(ii)any movement of the parts to which it is attached or near.

s 107 amd 2014 SL No. 8 s 125(41)

108Provision for wear

The braking system of a vehicle must allow for adjustment to take account of normal wear in the braking system.

109Supply of air or vacuum to brakes

(1)If air brakes are fitted to a vehicle—

(a)the compressor supplying air to the brakes must be able to build up air pressure to at least 80% of the governor cut-out pressure in not over 5 minutes after the compressed air reserve is fully used up; and

(b)there must be an automatic or manual condensate drain valve at the lowest point of each air brake reservoir in the system; and

(c)any spring brake fitted to the vehicle must not operate before the warning mentioned in section 113(4)(a) or 116(3)(a) has been given.

(2)If vacuum brakes are fitted to a vehicle, the vacuum supply must be able to build up vacuum—

(a)to the level when the warning signal mentioned in section 113(4)(a) or 116(3)(a) no longer operates within 30 seconds after the vacuum reserve is fully used up; and

(b)to the normal working level within 60 seconds after the vacuum reserve is fully used up.

s 109 amd 2014 SL No. 8 s 125(41)–(42)

110Performance of braking systems

(1)One sustained application of the brake of a motor vehicle built after 1930, or a combination that includes a motor vehicle built after 1930, must be able to produce the performance mentioned in subsections (2) to (7)—

(a)when the vehicle or combination is on a dry, smooth, level road surface, free from loose material; and

(b)whether or not the vehicle or combination is loaded; and

(c)without part of the vehicle or combination moving outside a straight path—

(i)centred on the longitudinal axis of the vehicle or combination before the brake was applied; and

(ii)3.7m wide.

(2)The braking system of a motor vehicle or combination with a gross mass under 2.5t must bring the vehicle or combination from a speed of 35km/h to a stop within—

(a)12.5m when the service brake is applied; and

(b)30m when the emergency brake is applied.

(3)The braking system of a motor vehicle or combination with a gross mass of at least 2.5t must bring the vehicle or combination from a speed of 35km/h to a stop within—

(a)16.5m when the service brake is applied; and

(b)40.5m when the emergency brake is applied.

(4)The braking system of a motor vehicle or combination with a gross mass under 2.5t must decelerate the vehicle or combination, from any speed at which the vehicle or combination can travel, by an average of at least—

(a)3.8m a second a second when the service brake is applied; and

(b)1.6m a second a second when the emergency brake is applied.

(5)The braking system of a motor vehicle or combination with a gross mass of at least 2.5t must decelerate the vehicle or combination, from any speed at which the vehicle or combination can travel, by an average of at least—

(a)2.8m a second a second when the service brake is applied; and

(b)1.1m a second a second when the emergency brake is applied.

(6)The braking system of a motor vehicle or combination with a gross mass under 2.5t must achieve a peak deceleration of the vehicle or combination, from any speed at which the vehicle or combination can travel, of at least—

(a)5.8m a second a second when the service brake is applied; and

(b)1.9m a second a second when the emergency brake is applied.

(7)The braking system of a motor vehicle or combination with a gross mass of at least 2.5t must achieve a peak deceleration of the vehicle or combination, from any speed at which the vehicle or combination can travel, of at least—

(a)4.4m a second a second when the service brake is applied; and

(b)1.5m a second a second when the emergency brake is applied.

(8)The parking brake of a vehicle or combination must be able to hold the vehicle or combination stationary on a 12% gradient—

(a)when the vehicle or combination is on a dry, smooth road surface, free from loose material; and

(b)whether or not the vehicle or combination is loaded.

s 110 amd 2013 SL No. 294 s 7(14)

111What braking system a motor vehicle must have

(1)A motor vehicle with 4 or more wheels built, or used, mainly for transporting goods or people by road must be fitted with—

(a)a braking system that—

(i)consists of brakes fitted to all wheels of the vehicle; and

(ii)has at least 2 separate methods of activation, arranged so effective braking remains on at least 2 wheels if a method fails; or

(b)2 independent brakes, each of which, when in operation, acts directly on at least half the number of wheels of the vehicle.

(2)The braking system of a motor vehicle mentioned in subsection (1) that was built after 1945 must have a service brake operating on all wheels that, when applied—

(a)acts directly on the wheels and not through the vehicle’s transmission; or

(b)acts on a shaft between a differential of the vehicle and a wheel.

(3)The braking system of a motor vehicle with 4 or more wheels must have a parking brake that—

(a)is held in the applied position by direct mechanical action without the intervention of an electrical, hydraulic or pneumatic device; and

(b)is fitted with a locking device that can hold the brake in the applied position; and

(c)has its own separate control.

(4)The parking brake may also be the emergency brake.

(5)If 2 or more independent brakes are fitted to a motor vehicle with 4 or more wheels, the brakes must be arranged so brakes are applied to all the wheels on at least 1 axle of the vehicle when any brake is operated.

(6)A motorbike or motortrike must be fitted with—

(a)2 independent brakes; or

(b)a single brake that acts directly on all wheels of the vehicle and is arranged so effective braking remains on at least 1 wheel if a part of the system fails.

(7)Subsection (6) applies to a motorbike with a sidecar attached as if the sidecar were not attached.

(8)A motortrike must have a parking brake that is held in the applied position by mechanical means.

(9)In this section—

independent brake, for a vehicle, means a brake that is operated entirely separately from any other brake on the vehicle, other than for any drum, disc or part, on which a shoe, band or friction pad makes contact, that is common to 2 or more brakes.

112Operation of brakes on motor vehicles

The braking system on a motor vehicle must be arranged to allow the driver of the vehicle to apply the brakes from a normal driving position.

113Air or vacuum brakes on motor vehicles

(1)If a motor vehicle has air brakes, the braking system of the vehicle must include at least 1 air storage tank.

(2)If a motor vehicle has vacuum brakes, the braking system of the vehicle must include at least 1 vacuum storage tank.

(3)An air or vacuum storage tank must be built so the service brake can be applied to meet the performance standards of section 110 at least twice if the engine of the vehicle stops or the source of air or vacuum fails.

(4)An air or vacuum storage system must—

(a)be built to give a visible or audible warning to the driver, while in a normal driving position, of a lack of air or vacuum that would prevent the service brake from being applied to meet the performance standards of section 110 at least twice; and

(b)be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks.

(5)However, subsection (4)(a) does not apply to a vehicle that is fitted with an air or vacuum assisted braking system.

(6)If air or vacuum brakes are fitted to a motor vehicle equipped to tow a trailer, the brakes of the vehicle must be able to stop the vehicle, at the performance standards for emergency brakes under section 110 if the trailer breaks away.

s 113 amd 2014 SL No. 8 s 125(43)–(44)

114What brakes a trailer must have

(1)A trailer with a GTM over 750kg must have brakes that operate on at least 1 wheel at each end of 1 or more axles of the trailer.

(2)A semitrailer or converter dolly with a GTM over 2t must have brakes that operate on all its wheels.

115Operation of brakes on trailers

(1)The braking system of a trailer with a GTM over 2t must allow the driver of a motor vehicle towing the trailer to operate the brakes from a normal driving position.

(2)However, subsection (1) does not apply to an unloaded converter dolly that weighs under 3t if the motor vehicle towing the converter dolly has a GVM over 12t.

(3)The brakes on a trailer with a GTM over 2t must, if the trailer breaks away from the towing vehicle—

(a)operate automatically and quickly; and

(b)remain in operation for at least 15 minutes after a break-away; and

(c)be able to hold the trailer on a 12% grade while in operation after a break-away.

s 115 amd 2014 SL No. 8 s 125(45)

116Air or vacuum brakes on trailers

(1)If a trailer has air brakes, its braking system must include at least 1 air storage tank.

(2)If a trailer has vacuum brakes, its braking system must include at least 1 vacuum storage tank.

(3)An air or vacuum storage system must—

(a)be constructed to give a visible or audible warning to the driver of the towing vehicle, while in a normal driving position, of a lack of air or vacuum that would prevent the brakes from meeting the performance standards of section 110; and

(b)be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks.

(4)Subsections (1) to (3) do not apply to a trailer with a GTM of 2t or less.

s 116 amd 2014 SL No. 8 s 125(46)

128Crank case gases

(1)This section applies to a motor vehicle with 4 or more wheels that is powered by a petrol engine and was built after 1971.

(2)The vehicle must be built to prevent, or fitted with equipment that prevents, crank case gases from escaping to the atmosphere.

129Visible emissions

(1)This section applies to a motor vehicle that is propelled by an internal-combustion engine and was built after 1930.

(2)The vehicle must not emit visible emissions for a continuous period of 10 seconds or more.

(3)However, this section does not apply to emissions that are visible only because of heat or the condensation of water vapour.

130Exhaust systems

(1)The outlet of the exhaust system fitted to a motor vehicle, other than a bus, must extend—

(a)behind the back seat; and

(b)at least 40mm beyond the outermost joint of the floorpan that is not continuously welded or permanently sealed; and

(c)to the edge of the vehicle, if—

(i)the body of the vehicle is permanently enclosed; and

(ii)the vehicle is not fitted with a vertical exhaust system; and

(d)no further than the edge of the vehicle at its widest point.

(2)The outlet must discharge the main exhaust flow to the air—

(a)if the vehicle is fitted, or required to be fitted, with an exhaust system with a vertical outlet pipe—

(i)at an angle above the horizontal; and

(ii)at least 150mm above the cab of the vehicle; and

(iii)towards the rear, or to the right, of the vehicle; and

(b)in any other case—

(i)horizontally or at an angle of not over 45º downwards; and

(ii)under 750mm above ground level; and

(iii)towards the rear, or to the right, of the vehicle.

(3)Subsections (1) and (2)(b) do not apply to a light vehicle—

(a)primarily designed for the carriage of goods; and

(b)with either—

(i)3 wheels and a GVM of more than 1t but not more than 4.5t; or

(ii)more than 3 wheels and a GVM of not more than 4.5t.

s 130 amd 2014 SL No. 8 s 125(48); 2015 SL No. 18 s 5(10); 2017 SL No. 170 s 22

131Measurement of stationary noise levels

(1)For this regulation, the stationary noise level of a motor vehicle must be measured in accordance with the procedure set out for the kind of vehicle in the document entitled ‘National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles - September 2006’ published by the commission.

(2)In this section—

commission means the National Transport Commission established by the National Transport Commission Act 2003 (Cwlth).

s 131 amd 2013 SL No. 294 s 7(15)

132Meaning of certified to ADR 83/00

For this regulation, a vehicle is certified to ADR 83/00 if approval has been given, under the Motor Vehicle Standards Act 1989 (Cwlth), section 10A, to place identification plates showing compliance with ADR 83/00 on vehicles of that type.

133Silencing device for exhaust systems

(1)A motor vehicle propelled by an internal-combustion engine must be fitted with a silencing device.

(2)In this section—

silencing device means a device—

(a)through which all the exhaust from the engine passes; and

(b)if the device is designed to be manipulated by a person—capable of being tested while the device is fully open.

s 133 amd 2015 SL No. 18 s 5(11)–(12)

134Application of sdiv 2

This subdivision applies to a motor vehicle other than a vehicle certified to ADR 83/00.

135Stationary noise levels—cars, car derivatives, motorbikes and motortrikes

The stationary noise level of a car, car derivative, motorbike or motortrike must not be more than—

(a)for a car or car derivative built after 1982—90dB(A); or

(b)for another car or car derivative—96dB(A); or

(c)for a motorbike or motortrike built after February 1985—94dB(A); or

(d)for another motorbike or motortrike—100dB(A).

136Stationary noise levels—other vehicles with spark ignition engines

(1)This section applies to a motor vehicle, other than a motor vehicle to which section 135 applies, with a spark ignition engine.

(2)The stationary noise level of the motor vehicle must not be more than the noise level applying to the vehicle under the following table.

Column 1 Item	Column 2 GVM (t)	Column 3 Exhaust height (mm)	Column 4 When vehicle built	Column 5 Noise level (dB(A))
1	≤3.5	<1,500	before July 1983	92
			after June 1983	89
2	>3.5	<1,500	before July 1983	98
			after June 1983	95
3	≤3.5	≥1,500	before July 1983	88
			after June 1983	85
4	>3.5	≥1,500	before July 1983	94
			after June 1983	91

137Stationary noise levels—other vehicles with diesel engines

(1)This section applies to a motor vehicle, other than a motor vehicle to which section 135 applies, with a diesel engine.

(2)The stationary noise level of the motor vehicle must not be more than the noise level applying to the vehicle under the following table.

Column 1 Item	Column 2 GVM (t)	Column 3 Exhaust height (mm)	Column 4 When vehicle built	Column 5 Noise level (dB(A))
1	≤3.5	<1,500	before July 1980	105
			after June 1980 but before July 1983	102
			after June 1983	99
2	>3.5	<1,500	before July 1980	107
			after June 1980 but before July 1983	104
			after June 1983	101
3	≤3.5	≥1,500	before July 1980	101
			after June 1980 but before July 1983	98
			after June 1983	95
4	>3.5	≥1,500	before July 1980	103
			after June 1980 but before July 1983	100
			after June 1983	97

s 137 amd 2014 SL No. 8 s 125(49)–(51)

138Stationary noise levels

The stationary noise level of a motor vehicle that is certified to ADR 83/00 must not exceed, by more than 5dB(A), the noise level that is established for the motor vehicle when it is certified.

139LPG-powered vehicles

(1)A motor vehicle equipped to run on LPG must comply with the requirements for the use of LPG in vehicles in—

(a)Australian Standard AS 1425 in force at the commencement of this section; or

(b)if an earlier version of the standard was current when the vehicle was first equipped to run on LPG—that version.

(2)A vehicle equipped to run on LPG must have fitted conspicuously to the front and rear number plates a label that is—

(a)made of durable material; and

(b)at least 25mm wide and 25mm high; and

(c)reflective red conforming to Australian Standard AS 1742-1975 Manual of Uniform Traffic Control Devices, Appendix C, Class 2; and

(d)marked ‘LPGAS’ or ‘LPG’, or with words or acronyms to similar effect, in capital letters at least 6mm high.

sch 1 pt 12 div 1 hdg om 2014 SL No. 8 s 125(53)

sch 1 pt 12 div 2 hdg om 2014 SL No. 8 s 125(55)

142General coupling requirements

(1)A fifth wheel coupling, the mating parts of a coupling, a kingpin or a towbar must not be used for a load more than the manufacturer’s load rating.

(2)A kingpin must be used only with a fifth wheel coupling that has a corresponding jaw size.

Example for subsection (2)—

An adaptor must not be used to fit a kingpin to a fifth wheel coupling.

(3)The mating parts of a coupling used to connect a semitrailer to a towing vehicle must not allow the semitrailer to roll to an extent that makes the towing vehicle unstable.

143Drawbar couplings

(1)A coupling for attaching a trailer, other than a semitrailer or pole-type trailer, to a towing vehicle must be built and fitted so that—

(a)the coupling is equipped with a positive locking mechanism; and

(b)the positive locking mechanism can be released regardless of the angle of the trailer to the towing vehicle.

(2)If the trailer is in a combination and is not fitted with breakaway brakes in accordance with section 115(3), it must be connected to the towing vehicle, as well as the coupling required by subsection (1).

(3)A connector must be built and fitted so that—

(a)if the coupling breaks or accidentally detaches—the trailer is kept in tow; and

(b)normal angular movement of the coupling is permitted without unnecessary slack.

(4)If practicable, a connector must be built and fitted so the drawbar of the trailer is prevented from hitting the ground if the coupling accidentally detaches.

(5)In this section—

connector means anything connecting a trailer mentioned in subsection (2) to a towing vehicle mentioned in that subsection.

Examples of a thing connecting a trailer to a towing vehicle—

1at least 1 chain, cable or other flexible device

2a thing fixed to a trailer or a towing vehicle to which a thing mentioned in example 1 is attached

s 143 amd 2014 SL No. 8 s 125(54); 2014 SL No. 161 s 79(3)–(6)

157Retractable axles

For these standards, a retractable axle is taken to be an axle only when it is in the lowered position.

s 157 amd 2014 SL No. 8 s 125(56)

158Interpretation of certain second edition ADRs

(1)This section applies to a left-hand drive motor vehicle.

(2)In applying the vehicle standards to the vehicle, the words ‘left’ and ‘right’ in the following second edition ADRs have the opposite meaning—

•ADR 8 Safety Glass

•ADR 12 Glare Reduction in Field of View

•ADR 14 Rear Vision Mirrors

•ADR 16 Windscreen Wipers and Washers

•ADRs 18 and 18A Location and Visibility of Instruments

•ADRs 35 and 35A Commercial Vehicle Braking Systems.

section 15A

1Application of schedule to guideline or permit

This schedule applies to a guideline for a type of oversize light vehicle, or a permit for a particular oversize light vehicle or type of oversize light vehicle, issued by the chief executive or the commissioner (the issuer) under part 3 if the issuer—

(a)reasonably believes that driving the type of vehicle under the guideline, or the particular vehicle or type of vehicle under the permit, during a particular period or particular periods or along a particular road or particular roads would, because of its dimensions—

(i)unduly hinder or obstruct other road users; or

(ii)compromise road safety; and

(b)publishes a gazette notice (the restriction notice) identifying the following—

(i)the permit or guideline;

(ii)the vehicle or type of vehicle;

(iii)the dimensions of the vehicle or type of vehicle;

(iv)if applicable under paragraph (a)—the period or periods;

(v)if applicable under paragraph (a)—the road or roads;

(vi)the restrictions applying under the restriction notice.

2Conditions applying under section 15A

(1)A person must not drive the vehicle or type of vehicle identified in the restriction notice contrary to the restrictions identified in the notice.

(2)However, the issuer may, by signed notice (a waiver notice) given to an eligible person for the guideline or permit identified in the restriction notice, waive a restriction if the issuer is satisfied that—

(a)special circumstances exist; and

(b)in the circumstances, the driving of the type of vehicle under the guideline, or the vehicle or type of vehicle under the permit, without regard to the restriction would not compromise road safety.

(3)The issuer may impose reasonable and relevant conditions in the waiver notice for driving the type of vehicle under the guideline, or the vehicle or type of vehicle under the permit, in addition to the conditions, if any, in the guideline or permit.

(4)The waiver notice is taken to be included in, and a part of, the guideline or permit.

(5)In this section—

eligible person means—

(a)for a guideline—a person who, apart from the restriction notice, would be authorised to drive the type of oversize light vehicle under the guideline; or

(b)for a permit—

(i)the holder of the permit; or

(ii)a person, other than the holder of the permit, who, apart from the restriction notice, would be authorised to drive the oversize light vehicle or type of oversize light vehicle under the permit.

issuer see section 1(a).

restriction notice see section 1(b).

sch 1A ins 2014 SL No. 8 s 126

sections 23 to 25 and 27

1The areas of the shires of Aurukun, Barcoo, Boulia, Bulloo, Burke, Carpentaria, Cook, Croydon, Diamantina, Doomadgee, Etheridge, Hope Vale, Injinoo, Kowanyama, Lockhart River, Mapoon, Mornington, Napranum, New Mapoon, Pormpuraaw, Quilpie, Torres, Umagico, Warroo and Wujal Wujal.

2For a type of SC vehicle—a Queensland island on which there is no AIS approved to inspect the type of SC vehicle.

3For a motorbike—an area outside a radius of 50km of an AIS approved to inspect motorbike.

4For a trailer with an ATM of more than 0.75t but not more than 3.5t—an area outside a radius of 50km of an AIS approved to inspect trailers with an ATM of more than 0.75t but not more than 3.5t.

5For an SC vehicle of a type not covered under items 2 to 4—an area of a shire or city mentioned in column 1, but not part of an area that is within a 25km radius of the principal post office of a town or city mentioned in column 2.

section 41

sch 3 sub 2011 SL No. 64 s 41; 2012 SL No. 55 s 36; 2013 SL No. 75 s 37

amd 2014 SL No. 8 s 127

sub 2014 SL No. 61 s 38; 2015 SL No. 25 s 38; 2016 SL No. 49 s 37; 2017 SL No. 70 s 57

amd 2017 SL No. 88 s 31 (amd 2017 SL No. 175 s 4)

sub 2018 SL No. 55 s 64

section 3

50mm kingpin ...

def 50mm kingpin om 2014 SL No. 8 s 128(1)

75mm kingpin ...

def 75mm kingpin om 2014 SL No. 8 s 128(1)

90mm kingpin ...

def 90mm kingpin om 2014 SL No. 8 s 128(1)

adopted standard see schedule 1, section 13.

ADR see schedule 1, section 3.

aggregate trailer mass, for a trailer—

(a)means the maximum mass, specified by the manufacturer, for the loaded trailer; and

(b)includes any mass imposed on the vehicle towing the trailer when they are on a horizontal surface.

air brake means an air-operated or air-assisted brake.

AIS means a fixed AIS or mobile AIS.

AIS approval see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, schedule 7.

def AIS approval amd 2015 SL No. 87 s 174 sch 8

approved examiner has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

def approved examiner sub 2011 SL No. 204 s 7

amd 2015 SL No. 87 s 174 sch 8

approved person means a person accredited as an approved person under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

def approved person amd 2015 SL No. 87 s 174 sch 8

articulated bus ...

def articulated bus om 2014 SL No. 8 s 128(1)

ATM means aggregate trailer mass.

axle means 1 or more shafts, positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.

axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

def axle group sub 2014 SL No. 8 s 128(1)–(2)

B-double ...

def B-double om 2014 SL No. 8 s 128(1)

booked hire vehicle see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

def booked hire vehicle ins 2016 SL No. 161 s 60(1)

sub 2017 SL No. 88 s 32(1)–(2); 2017 SL No. 143 s 99(1)

braking system, of a vehicle, means all the brakes of the vehicle and all the components of the mechanisms by which they are operated.

British Standard means a standard approved for publication on behalf of the British Standards Institution.

British Standards Institution means the institution of that name established under royal charter in the United Kingdom.

bus means a motor vehicle built mainly to carry 10 or more seated adults, including the driver.

car means a motor vehicle built mainly to carry people that—

(a)seats not more than 9 adults, including the driver; and

(b)has a body commonly known as a sedan, hatchback, station wagon, coupe, convertible, or roadster; and

(c)has 4 or more wheels.

car derivative means a motor vehicle—

(a)known as a utility or panel van; and

(b)of the same make as a factory-produced car; and

(c)in which the forward part of the body and the greater part of the mechanical equipment are the same as those in the car mentioned in paragraph (b).

centre-line, of an axle group, means—

(a)if the group consists of 2 axles, 1 of which is fitted with twice the number of tyres as the other axle—a line located one-third of the way from the centre-line of the axle with more tyres towards the centre-line of the axle with fewer tyres; and

(b)in any other case—a line located midway between the centre-lines of the outermost axles of the group.

Centre-line of a typical tandem axle group fitted with an equal number of tyres on each axle

Centre-line of a typical tandem axle group fitted with a different number of tyres on each axle

Centre-line of a typical tri-axle group

Centre-line of a typical quad-axle group

def centre-line amd 2014 SL No. 8 s 128(3)

certificate of inspection means an inspection certificate in the approved form issued for—

(a)a COI vehicle; or

(b)a motor vehicle proposed to be a COI vehicle.

def certificate of inspection amd 2017 SL No. 143 s 99(2)

certificate of modification see section 13(3).

COI vehicle means each of the following—

(a)booked hire vehicle, limousine or taxi;

(b)a vehicle not mentioned in paragraph (a) used to provide a public passenger service under the Transport Operations (Passenger Transport) Act 1994 other than a vehicle that—

(i)is not a bus; and

(ii)is used to provide a community transport service or a courtesy transport service under that Act;

(c)a bus not mentioned in paragraph (b), other than—

(i)a bus that has a GVM of not more than 4.5t and that is used for private purposes; or

(ii)a bus built mainly to carry not more than 12 seated adults, including the driver, that is used for commercial purposes other than for carrying passengers;

(d)a vehicle, other than a vehicle mentioned in paragraph (b), that is used by a school to carry students attending the school;

(e)a vehicle licensed as a tow truck under the Tow Truck Act 1973;

(f)any other motor vehicle not mentioned in paragraphs (a) to (e) with a GVM of more than 4.5t;

(g)a trailer with an ATM of more than 3.5t.

def COI vehicle amd 2013 SL No. 294 s 8(3); 2016 SL No. 161 s 60(2)–(4); 2016 SL No. 150 s 47

sub 2017 SL No. 88 s 32(1)–(2)

amd 2017 SL No. 143 s 99(3)

combination means a group of vehicles consisting of a motor vehicle connected to 1 or more vehicles.

converter dolly means a trailer with 1 axle group or single axle and a fifth wheel coupling designed to convert a semitrailer into a dog trailer.

Typical converter dolly

current, for a safety certificate or a certificate of inspection, has the meaning given by section 28.

daylight means the period in a day from sunrise to sunset.

dealer means—

(a)in relation to a trailer—a person whose business is, or includes, the sale of used trailers; or

(b)otherwise—a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014.

def dealer ins 2013 SL No. 294 s 8(2)

amd 2016 SL No. 241 s 24(1)

defective, in relation to a vehicle—

(a)for a heavy vehicle—means that the vehicle is a defective heavy vehicle under the Heavy Vehicle National Law (Queensland), Part 9.3, Division 6; or

(b)for a light vehicle—see section 7.

def defective sub 2014 SL No. 8 s 128(1)–(2)

defect notice means a notice given under section 8(2).

def defect notice sub 2014 SL No. 8 s 128(1)–(2)

dimension and loading provision means each of the following provisions—

(a)part 2A;

(b)a provision of any of the following relating to a guideline or permit to the extent that the guideline or permit affects the application of part 2A to a light vehicle—

(i)part 3 and schedule 1A;

(ii)part 5;

(iii)part 7, division 4;

(c)a definition in this schedule affecting the application of a provision mentioned in paragraph (a) or (b).

def dimension and loading provision ins 2014 SL No. 8 s 128(2)

disposal, of a vehicle, includes delivery of possession of the vehicle under a barter, gift, hire-purchase agreement, lease, or sale but does not include—

(a)disposal of the vehicle to a bailee for the purpose of the alteration, repair, renovation or garaging of the vehicle or a similar purpose that does not involve the use of the vehicle for the bailee’s benefit; or

(b)disposal of the vehicle to a person because the person is entitled to the vehicle as beneficiary in an estate; or

(c)

passing of possession of the vehicle, or the apparent passing of possession of the vehicle, from 1 body corporate (the first body corporate) to another body corporate (the second body corporate) that happens or appears to happen only because of any of the following—

(i)the name of the first body corporate is changed according to law to the name of the second body corporate;

(ii)the second body corporate is a reconstruction of the first body corporate or is the result of an amalgamation of the first body corporate and 1 or more other bodies corporate, effected according to law;

(iii)the second body corporate is a holding company or a subsidiary company of the first body corporate; or

(d)disposal as a result of the reconstitution of a partnership; or

(e)disposal of an SC vehicle by a person to the person’s spouse; or

(f)disposal of an SC vehicle under any of the following instruments—

(i)an agreement registered or approved under the Family Law Act 1975 (Cwlth);

(ii)an order of a court under the Family Law Act 1975 (Cwlth);

(iii)an instrument made under an instrument mentioned in subparagraph (i) or (ii);

(iv)an instrument made after the start of a proceeding for the dissolution or annulment of a marriage;

(v)a de facto relationship instrument within the meaning of the Duties Act 2001, section 422.

def disposal amd 2019 SL No. 51 s 24(3)

dog trailer means a trailer that has 2 axle groups with the front axle group being steered by connection to the towing vehicle.

def dog trailer amd 2014 SL No. 8 s 128(4)

Dog trailer

drawbar means a part of a trailer, other than a semitrailer, connecting the trailer body to a coupling for towing purposes.

drive includes be in control of.

driver, of a vehicle, means the person driving the vehicle.

emergency brake means a brake designed to be used if a service brake fails.

emergency vehicle means a motor vehicle—

(a)fitted with—

(i)a repeater horn or siren; or

(ii)a flashing warning light; and

(b)driven by—

(i)an officer of the Queensland Ambulance Service or an ambulance service of another State in the course of the officer’s duty; or

(ii)an officer of the Queensland Fire and Rescue Service or a fire and rescue service of another State in the course of the officer’s duty; or

(iii)an officer or employee of another entity with the written permission of the commissioner in the course of the officer’s or employee’s duty.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semitrailer), used with a prime mover, semitrailer, or converter dolly, to allow quick coupling and uncoupling and to provide for articulation.

fixed AIS has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

def fixed AIS amd 2015 SL No. 87 s 174 sch 8

front articulation point, of a trailer, means the point of articulation at the front of the trailer.

def front articulation point ins 2014 SL No. 8 s 128(2)

front fog light means a light used to improve the illumination of the road in case of fog, snowfall, heavy rain or a dust storm.

GCM (gross combination mass), of a motor vehicle, means the maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow—

(a)stated by the motor vehicle’s manufacturer—

(i)on the motor vehicle’s compliance plate; or

(ii)if there is no compliance plate—in another place; or

(b)stated by the registration authority for the motor vehicle if—

(i)the manufacturer has not stated the maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow; or

(ii)the manufacturer can not be identified; or

(iii)the motor vehicle has been modified and the maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow, as stated by the manufacturer, is no longer appropriate.

def GCM ins 2014 SL No. 8 s 128(2)

gross trailer mass means the mass transmitted to the ground by the axles of a trailer when the trailer is loaded to its GVM and connected to a towing vehicle.

gross mass means—

(a)for a vehicle that is not included in a combination, the total of—

(i)the unladen mass of the vehicle; and

(ii)the mass of the load, if any, in the vehicle; or

(b)for a combination, the total of—

(i)the unladen mass of all the vehicles in the combination; and

(ii)the total mass of the load, if any, in the vehicles.

def gross mass ins 2014 SL No. 8 s 128(2)

GTM means gross trailer mass.

high-beam, for a headlight or front fog light fitted to a vehicle, means the light is built or adjusted so that, when the vehicle is standing on level ground, the top of the main beam of light projected is above the low-beam position.

identification plate has the meaning given by the Motor Vehicle Standards Act 1989 (Cwlth).

inspection certificate means a safety certificate or a certificate of inspection.

inspection report see section 19(9).

issued electronically means issued using an electronic method.

def issued electronically ins 2016 SL No. 72 s 16(1)

issued manually means issued other than by using an electronic method.

def issued manually ins 2016 SL No. 72 s 16(1)

issuing authority, for a permit, means the chief executive or the commissioner.

left, for a vehicle, means left of the centre of the vehicle when viewed by a person in the vehicle who is facing the front of the vehicle.

light combination means a combination that is a light vehicle.

def light combination ins 2014 SL No. 8 s 128(2)

light motor vehicle means a motor vehicle that is a light vehicle.

def light motor vehicle ins 2014 SL No. 8 s 128(2)

light trailer means a trailer that is a light vehicle.

def light trailer ins 2014 SL No. 8 s 128(2)

light vehicle means a vehicle (including a combination) that is not a heavy vehicle.

def light vehicle ins 2014 SL No. 8 s 128(2)

limousine see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

def limousine ins 2016 SL No. 161 s 60(1)

liquefied petroleum gas means a mixture composed substantially of C3 or C4 hydrocarbons or both of them either in a liquid or a gaseous state.

load, of a vehicle, for a dimension and loading provision, includes—

(a)all the goods, passengers, drivers and other persons in the vehicle; and

(b)all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and

(c)personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and

(d)anything normally removed from the vehicle when it is not in use; and

(e)anything that may fall from the vehicle when it is in motion.

def load ins 2014 SL No. 8 s 128(2)

load carrying vehicle means a vehicle designed and built to carry goods in addition to any fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use.

def load carrying vehicle ins 2014 SL No. 8 s 128(2)

loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.

def loaded mass ins 2014 SL No. 8 s 128(2)

load restraint guide for light vehicles means the document called ‘Load restraint guide for light vehicles’ published by the National Transport Commission.