New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Act No 34, 1949, s 3)
(1) In this Act:
"articulated vehicle" means any motor vehicle having at its rear a portion, on wheels, which is pivoted to, and a part of which (not being a pole, draw-bar or similar device or an accessory to a pole, draw-bar or similar device) is superimposed on, the forward portion of the vehicle.
"authorised officer" means any person authorised by the Authority for the purposes of this Act either generally or in any particular case.
"Authority" means the Roads and Traffic Authority constituted under the Transport Administration Act 1988 .
"civil defence work" means the work of dealing with an emergency as defined in section 3 of the State Emergency Services and Civil Defence Act 1972 .
"financial year" means a period of 12 months commencing on 1 July.
"maintenance", in relation to a road, includes cleaning, sweeping, watering or any similar process.
"motor car" means a motor vehicle constructed to be used principally for the carriage of persons, but does not include a motor omnibus or a motor cycle.
"motor cycle" means:(a) any motor vehicle with 2 wheels (not being a trailer), or(b) any motor vehicle with 3 wheels, one of which is designed to enable a side-car to be carried, or(c) any motor vehicle which weighs not more than 250 kilograms when unladen and is specially constructed to be used, while on a road or road related area, solely for the conveyance of an invalid,and includes a motor tricycle.
"motor lorry" means a motor vehicle (not being a motor cycle or a tractor or a trailer) constructed to be used principally:(a) for the carriage of goods, or(b) for the conveyance of any kind of materials used in any trade, business or industry, or(c) for use in any work whatever other than the conveyance of persons."motor omnibus" means a motor vehicle (not being a taxi-cab):(a) plying in a road or road related area for hire for the conveyance of passengers at separate fares, or(b) fitted or equipped or constructed so as to seat more than 8 adult persons and used or let or intended to be used or let for the conveyance of passengers for hire or for any consideration or in the course of any trade or business."motor tricycle" means any motor vehicle with 3 wheels and having a GVM (within the meaning of the Road Transport (Vehicle Registration) Act 1997 ) of 1 tonne or less.
"motor vehicle" means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport (General) Act 2005 .
"motor vehicle tax" or "tax" means the motor vehicle tax imposed under section 4.
"owner", in relation to a motor vehicle, includes:(a) every person who is the owner, joint owner or part owner of the vehicle, and(b) any person who has the use of the vehicle under a hire-purchase or a hiring agreement,but does not include the lessor of a motor vehicle under a hire-purchase agreement.
"pensioner" means a person:(a) who is the holder of a Pensioner Concession Card which is in force issued by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans’ Affairs, or(b) who is in receipt of a pension or other amount paid by the Commonwealth Department of Veterans’ Affairs in respect of a war-caused disability seriously affecting the person’s powers of movement, being a pension or other amount (or a pension or other amount below a rate) approved by the Authority for the purposes of this paragraph, or(b1) who is an armed services widow within the meaning of the Social Security Act 1991 of the Commonwealth and:and:(i) who is in receipt of a pension under Part II or IV of the Veterans’ Entitlements Act 1986 of the Commonwealth at the maximum rate applicable under section 1064 (5) of the Social Security Act 1991 of the Commonwealth, and(ii) who is under the applicable pension age for the person set out in section 5QA of the Veterans’ Entitlements Act 1986 of the Commonwealth,(c) who is the holder of a current licence to drive a motor vehicle, being a licence for which no fee was payable under the Road Transport (Driver Licensing) Act 1998 , or(d) who is not the holder of a licence referred to in paragraph (c) but:"plant" means a motor vehicle which wholly comprises:(i) who has satisfied the Authority, by the production of a certificate from a medical practitioner, that the person is not medically fit to drive a motor vehicle, or(ii) who has otherwise satisfied the Authority that the person should be treated as a pensioner for the purposes of this Act.(a) a machine or implement that is not capable of carrying any load other than tools and accessories usually carried, or(b) a crane or a fork lift truck."primary producer" means a person:(a) who cultivates or uses the person’s own land or that of another for the person’s own benefit:(i) for the production of fruit, grain, flowers, vegetables, tobacco or farm or agricultural produce of any description, or(ii) for dairy farming, poultry or other bird farming, pig farming, bee keeping or oyster or fish culture, or(iii) for a nursery, or(iv) as a pastoralist for the rearing or grazing of horses, cattle or sheep, or(b) who gathers leaves from which eucalyptus or other oil is to be distilled."primary producer’s vehicle" means a motor vehicle (not being a motor vehicle which is used or let for hire):(a) which is owned by a primary producer and while on a road or road related area is used solely or principally:(i) for carting primary products that the or another primary producer has produced, or(ii) for carting leaves which the or another primary producer has gathered and from which eucalyptus or other oil is to be distilled, or(iii) for carting goods of any kind for use in the or another primary producer’s business as such a producer or in the or another primary producer’s household, or(iv) for purposes connected with the clearing of land that the or another primary producer proposes to use for primary production, or(b) which is owned by a rural society registered under the Co-operatives Act 1992 (being a society of which at least 75 per cent of the shares in the society are held by primary producers) and which while on a road or road related area is used solely or principally:"registered", in relation to a motor vehicle, means registered under the Road Transport (Vehicle Registration) Act 1997 .(i) for carting primary products that primary producers who are members of the society have produced, or(ii) for carting primary products that the society has produced or has acquired from primary producers who are members of the society, or(iii) for carting leaves which primary producers who are members of the society have gathered and from which eucalyptus or other oil is to be distilled, or(iv) for carting leaves of that kind which the society has gathered or has acquired from primary producers who are members of the society, or(v) for carting goods of any description for use in the businesses of primary producers who are members of the society or in their households, or(vi) for purposes connected with the clearing of land to be cultivated or used by the society or members of the society for primary production.
"road" means a road within the meaning of the Road Transport (General) Act 2005 (other than a road that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
"road related area" means a road related area within the meaning of the Road Transport (General) Act 2005 (other than a road related area that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
"semi-trailer" means a vehicle used or intended to be used as the rear portion of an articulated vehicle.
"side-car" means any car, box or other receptacle attached to the side of a motor cycle and for the carriage of which a third wheel is provided.
"station waggon" has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 1998 .
"tractor" means any motor vehicle constructed principally for the purpose of supplying motive power for machinery or of hauling any vehicle, but which is not capable of carrying any load (other than tools, spare parts, fuel, water, oil or other accessories necessary for use in connection with the vehicle) or any part of the weight of a vehicle being drawn or its load.
"trailer" includes a semi-trailer.
(2) For the purposes of this Act, a motor vehicle is not a motor vehicle used substantially for private purposes unless:(a) in the case of a motor vehicle used by a minister of religion-it is used for the purposes of the minister’s calling or for social or domestic purposes or for pleasure, or(b) in the case of a motor car or a station waggon owned by a primary producer-it is used for purposes directly connected with the primary producer’s business as a primary producer or for social or domestic purposes or for pleasure, or(c) in the case of a motor vehicle used by or on behalf of:(i) a public health organisation within the meaning of the Health Services Act 1997 , or(ii) a non-profit organisation having as one of its objects a charitable, benevolent, philanthropic or patriotic purpose, or(iii) a benevolent or religious organisation or institution,it is used for purposes directly connected with the management or business of the organisation or institution or for social or domestic purposes or for pleasure, or(d) in the case of:(i) a motor car, or(ii) a station waggon, or(iii) a trailer of the type ordinarily used for social or domestic purposes or for pleasure (including a caravan trailer), or(iv) any other motor vehicle the weight of which does not exceed 2 500 kilograms, other than a trailer,owned, and registered pursuant to an application made, by the holder of a licence under the Motor Dealers Act 1974 -it is used or displayed for the purposes of resale or exchange or for social or domestic purposes or for pleasure, or(e) in the case of a motor vehicle owned by a person who is an officer or an employee of the Crown or of a public authority constituted by or under an Act (including a council or a county council within the meaning of the Local Government Act 1993 )-it is used for the purposes of the person’s employment or for social or domestic purposes or for pleasure, or(f) in any other case-it is used for social or domestic purposes or for pleasure,and, in the opinion of the Authority, its use for any other purpose is minimal.
(3) Unless the Authority otherwise determines in a particular case or class of cases, a motor vehicle is not a motor vehicle used substantially for private purposes if it is registered otherwise than in the name of a natural person or natural persons.
(4) A motor vehicle is not within paragraph (a) of the definition of "primary producer’s vehicle" if its use in connection with another primary producer for a purpose referred to in that paragraph is for fee or reward.