ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2007 -

New South Wales Consolidated Regulations

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ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2007 -

DICTIONARY

"accreditation scheme" means the Maintenance Management Accreditation Scheme or the Hire Trailer Maintenance Management Accreditation Scheme.
"Administrator of Vehicle Standards" means the Administrator of Vehicle Standards referred to in section 22 of the Motor Vehicle Standards Act 1989 of the Commonwealth.
"adopted standard" -see clause 18 of Schedule 2.
"ADR" (Australian Design Rule) means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force from time to time.
"air brake" means an air-operated or air-assisted brake.
"air brake test pressure", in relation to the brake system of a vehicle, means half of the sum of the cut-in and cut-out pressures of the air compressor of that brake system, as shown by specification of the manufacturer of that brake system or vehicle.
"alternative headlight" means a light which is lighted in the place of a headlight by a dipping device.
"applicable fee", in relation to a matter, means a fee set, fixed or prescribed by or under this Regulation in relation to the matter.
"applicable vehicle standard" -see clause 51.
"articulated bus" means a bus:

(a) consisting of at least 2 rigid sections with access between the sections for passengers, and

(b) the sections of which are connected to each other so as to allow rotary movement between the sections.

"articulated vehicle" means a motor vehicle having at its rear a portion, on wheels, which is pivoted to, and a part of which (not being a pole, drawbar or similar device or an accessory of the motor vehicle) is superimposed upon, the forward portion of the vehicle.
"Australian Motor Vehicle Certification Board" means the body:

(a) known under that name,

(b) consisting of representatives of the Commonwealth, each of the States and Territories, and

(c) having, as one of its objectives, to ensure that vehicles supplied for use in, manufactured in, or imported into, Australia are designed and manufactured so as to:
(i) comply with the requirements of Australian Design Rules, or

(ii) provide a level of safety that is equivalent to that provided by Australian Design Rules.

"Australian Road Rules" means that part of the publication known as the Australian Road Rules , ISBN 0 7240 8874 1, published by the National Road Transport Commission on 19 October 1999 that comprises the road rules approved by the Australian Transport Council under the National Road Transport Commission Act 1991 of the Commonwealth on 29 January 1999 (together with the amendments to those rules approved by the Council on 30 June 1999 and 11 October 1999).
"authorised examiner" means a person authorised to carry out any function under clause 58.
"authorised inspection station" means premises that a person is authorised to use under clause 59.
"authorised person" means a person authorised by the Authority to be an authorised person for the purposes of this Regulation.
"authorised proprietor" means a person authorised under clause 59.
"auxiliary number-plate" means a number-plate referred to in clause 21.
"axle" means one or more shafts positioned in a line across a vehicle, on which one 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.
"B-double" means a combination consisting of a prime mover towing 2 semi-trailers.

"brake" means a device for retarding or controlling the rotation of the wheels of a vehicle and for bringing the vehicle to a stop.
"braking system" means all the brakes of a 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.
"bus" means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).
"car" means a motor vehicle built mainly to carry people that:

(a) seats not over 9 adults (including the driver), and

(b) has a body commonly known as a sedan, station wagon, coupe, convertible, or roadster, and

(c) has 3 or more wheels.

"car derivative" means a motor vehicle:

(a) that is of the kind known as a utility, station wagon or panel van, and

(b) that is of the same make as a factory produced car, and

(c) in which that part of the body form that is forward of the windscreen and the greater part of the mechanical equipment are the same or substantially the same as in a factory produced car.

"centre line", of an axle group, means:

(a) if the group consists of 2 axles, one 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 fewer tyres, and

(b) in any other case-a line located midway between the centre lines of the outermost axles of the group.

"certificate of approved operations" means a certificate issued in respect of a registrable vehicle in accordance with clause 55.
"clearance light" means a light which, when lighted, provides an indication of the width of a vehicle together with any loading or equipment on it either from the front or from the rear of the vehicle, as the case may be.
"combination" means a group of vehicles consisting of a motor vehicle connected to 1 or more vehicles.
"controlled access bus" means a bus, except an articulated bus, that is more than 12.5 metres long.
"converter dolly" means a trailer with one axle group or single axle and a fifth wheel coupling, designed to convert a semi-trailer into a dog trailer.

"corporation" means a corporation recognised under the laws of Australia, including a foreign corporation and a body incorporated by or under statute.
"daylight" means the period in a day from sunrise to sunset.
"dealer", in relation to a vehicle, means the holder of a dealer’s licence under the Motor Dealers Act 1974 .
"dipping device" means a device by which the driver of a motor vehicle, while retaining his or her normal driving position:

(a) can cause the main beam of light projected by each of the headlights of a motor vehicle which has 2 headlights or by the headlight of a motor vehicle which has one headlight to be dipped, or

(b) can extinguish each of the headlights of a motor vehicle which has 2 headlights or the headlight of a motor vehicle which has one headlight, and simultaneously light 2 alternative headlights or one alternative headlight (as the case may be), or

(c) can extinguish each set of headlights where a motor vehicle has 4 headlights, in sets of 2, and simultaneously light one light in each set.

"dog trailer" means a trailer (including a trailer consisting of a semi-trailer and converter dolly) with:

(a) one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar, and

(b) one axle group or single axle at the rear.

"drawbar" means a part of a trailer (other than a semi-trailer) that connects the trailer body to a coupling for towing purposes.
"drawbar length", in relation to a trailer, means the horizontal distance from the centre line of the towing pivot to the centre line of the foremost axle group of the trailer.
"drive" includes be in control of.
"driver", of a vehicle, means the person driving the vehicle.
"duty legislation" means the provisions of the Stamp Duties Act 1920 and the Duties Act 1997 relating to the payment of duty on the registration or transfer of registration of a motor vehicle, trailer or other registrable vehicle.
"D-value" means the strength capacity of a connection device as defined in:

(a) Australian/New Zealand Standard AS/NZS 4968.1:2003Heavy-road vehicles-Mechanical coupling between articulated vehicle combinations-Design criteria and selection requirements for fifth wheel, kingpin and associated equipment , or

(b) Australian Standard AS 2213.1-2001/Amdt 1-2002Commercial road vehicles-Mechanical connections between towing vehicles-Selection and marking of pin-type couplings and drawbar eyes .

"Economic Commission for Europe" means the United Nations Economic Commission for Europe.
"effective range" means the distance at which a light, when lighted, will illuminate and render easily discernible under normal atmospheric conditions between sunset and sunrise any person dressed in dark clothing, or any substantial dark object, in front of the vehicle to which the light is affixed.
"eligible pensioner" has the same meaning as it has in the Motor Vehicles Taxation Act 1988 .
"eligible vehicle" means a vehicle that is eligible for registration in accordance with clause 6.
"emergency brake" means a brake designed to be used if a service brake fails.
"emergency vehicle" means a vehicle driven by a person who is:

(a) a police officer acting in the course of his or her duties as a police officer, or

(b) a member of the Ambulance Service rendering or providing transport for sick or injured persons, or

(c) a member of a fire brigade or rural fire brigade providing transport in the course of an emergency, or

(d) a person (or person belonging to a class of persons) approved by the Authority.

"examiner’s authority" means an authority in force under clause 58.
"fifth wheel coupling" means a device, other than the upper rotating element and the kingpin (which are parts of a semi-trailer), used with a prime mover, semi-trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.
"forfeited vehicle" means a registrable vehicle that is the subject of a forfeiture order of the Local Court made under section 27 of the Act.
"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.
"glazing" means material fitted to the front, sides, rear or interior of a vehicle, through which the driver or a passenger can obtain a view of the road, but does not include a coating added after manufacture of the material.
"ground clearance" means the minimum distance to the ground from the underside of a vehicle excluding its tyres, wheels, wheel hubs, brake backing plates and flexible mudguards or mudflaps.
"GTM" (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.
"hauling unit" means a rigid vehicle or prime mover.
"high-beam", in relation to a headlight or front fog light fitted to a vehicle, means that 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.
"hire trailer" means a trailer that is hired for a fee or other consideration.
"Hire Trailer Maintenance Management Accreditation Scheme" means the Hire Trailer Maintenance Management Accreditation Scheme established by the Authority under Division 6 of Part 5.
"identification plate" means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth.
"implement" means a motor vehicle which comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.
"inspect", in relation to a registrable vehicle, includes observe the vehicle’s performance, with or without the use of instrumentation.
"inspection report", in relation to a registrable vehicle, means an inspection report issued under clause 58 for the vehicle.
"jurisdiction" means a State, the Australian Capital Territory or the Northern Territory, as the case requires.
"left", in relation to a vehicle, means to the left of the centre of the vehicle when viewed by a person in the vehicle and facing towards the front of the vehicle.
"light vehicle" means a registrable vehicle that is not a heavy vehicle.
"load-sharing suspension system" means an axle group suspension system that:

(a) is built to divide the load between the tyres on the group so that no tyre carries a mass more than 10% greater than the mass it would carry if the load were divided equally, and

(b) has effective damping characteristics on all axles of the group.

"lost", in relation to a number-plate, includes mislaid or unable to be found for any reason.
"low-beam", in relation to a headlight or front fog light fitted to a vehicle, means that 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:

(a) not higher than the centre of the headlight or fog light, when measured at a point 8 metres in front of the vehicle, and

(b) not more than one metre higher than the level on which the vehicle is standing, when measured at a point 25 metres in front of the vehicle.

"low loader" means a gooseneck semi-trailer with a loading deck no more than 1 metre above the ground.
"Maintenance Management Accreditation Scheme" means a scheme under the Maintenance Management Module of the Heavy Vehicle Accreditation Scheme that is approved by the Authority.
"major vehicle defect notice" -see clause 70 (1) (a).
"minor vehicle defect notice" -see clause 70 (1) (b).
"moped" means a motor bike or trike with an engine cylinder capacity of not over 50 millilitres and a maximum speed of not over 50 kilometres an hour.
"motor bike" means a motor vehicle with 2 wheels, and includes a 2 wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.
"motor lorry" means any motor vehicle (whether or not in combination with any trailer) that is constructed principally for the conveyance of goods or merchandise or for the conveyance of any kind of materials used in any trade, business or industry, or for use in any work whatsoever other than the conveyance of persons, but does not include a motor bike or a tractor.
"motor registry" means a place at which registration of a registrable vehicle can be effected by or on behalf of the Authority.
"motor trike" means a motor vehicle with 3 wheels, but does not include a 2 wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.
"motor vehicle combination" means a hauling unit with one or more trailers attached.
"mudguard" means a fitting or device, with or without a mudflap, which is built and fitted to a vehicle in a way that will, as far as practicable, catch or deflect downwards any stone, mud, water or other substance thrown up by the rotation of the wheel for which the fitting or device is provided.
"national standard" means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth.
"nominated configuration" means the configuration in which a registrable vehicle will operate for the registration period, as nominated by the registered operator.
"nominated vehicle", in relation to the Hire Trailer Maintenance Management Accreditation Scheme, means a hire trailer that is a heavy vehicle and that is identified in a registered operator’s accreditation under the Scheme as a nominated vehicle for the purposes of that accreditation.
"nominated vehicle", in relation to a Maintenance Management Accreditation Scheme, means a vehicle identified in a registered operator’s accreditation under such a scheme as a nominated vehicle for the purposes of that accreditation.
"Non-national Maintenance Scheme" means a maintenance management accreditation scheme developed by a body or organisation other than the National Road Transport Commission or the National Transport Commission.
"operations plate" means a plate installed on a registrable vehicle in accordance with clause 55 (2).
"owner", in relation to a vehicle, means:

(a) a person in whose name the vehicle is registered under a Commonwealth, State or Territory Act, or

(b) a person who, according to the vehicle registration authority’s records, has acquired the vehicle from the person in whose name the vehicle is registered under the relevant Act, or

(c) if the vehicle is not registered-a person to whom a mark, plate or permit has been issued to allow the vehicle to be used, or

(d) a person who is entitled to the possession of the vehicle.

"penalty notice" means a penalty notice served on a person under Part 5.3 of the Road Transport (General) Act 2005 .
"personally imported vehicle" means a vehicle that is imported into Australia by a person who:

(a) owned and used the vehicle for the period determined in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth before it was imported into Australia, and

(b) when the vehicle was imported into Australia, was:
(i) an Australian citizen or permanent resident or a person who had applied to become an Australian citizen or permanent resident, and

(ii) old enough to hold a licence or permit to drive the vehicle, and

(c) within the previous 12 months, had not imported into Australia another vehicle owned by the person.

"plate holder" -see clause 17.
"point of articulation" means:

(a) the axis of a kingpin for a fifth wheel, or

(b) the vertical axis of rotation of a fifth wheel coupling, or

(c) the vertical axis of rotation of a turntable assembly, or

(d) the vertical axis of rotation of the front axle group or single axle of a dog trailer, or

(e) the coupling pivot point of a semi-trailer.

"pole-type trailer" means a trailer that:

(a) is attached to a towing vehicle by means of a pole or an attachment fitted to the pole, and

(b) is ordinarily used for transporting loads, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports.

"police vehicle" means a vehicle driven by:

(a) a member or special member of the Australian Federal Police, or

(b) a member, however described, of the Police Force of a State or Territory, or

(c) a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth,

acting in the course of his or her duty.
"primary production" means:

(a) the cultivation of land for the purpose of selling the produce of the land,

(b) the maintenance of animals (including birds), whether wild or domesticated, for the purpose of selling them or their natural increase or bodily produce,

(c) commercial fishing or the commercial farming of fish, molluscs, crustaceans or other aquatic animals,

(d) the keeping of bees for the purpose of selling their honey or other apiary products,

(e) timber-getting for commercial purposes,

(f) mining for commercial purposes.

"prime mover" means a motor vehicle built to tow a semi-trailer.
"proprietor’s authority" means an authority in force under clause 59.
"public passenger vehicle" means a registrable vehicle that is constructed principally for the conveyance of passengers and that is:

(a) used for conveying passengers for hire or reward, or

(b) equipped to seat more than 8 adults, including the driver, and is used for conveying passengers in the course of trade or business.

"public utility service vehicle" means a vehicle being used by a public authority or statutory body in connection with the supply of water, gas, electricity or the like or to remove garbage.
"quad-axle group" means a group of 4 axles, in which the horizontal distance between the centre lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.
"rear fog light" means a light used on a vehicle to make it more easily visible from the rear in dense fog.
"rear overhang", of a vehicle, means the distance between the rear overhang line and the rear of the vehicle.
"rear overhang line" means:

(a) if there is a single axle at the rear of the vehicle-the centre line of the axle, or

(b) if there is an axle group at the rear of the vehicle-the centre of the axle group, decided without regard to the presence of any steerable axle unless all axles in the group are steerable.

"registration label" means a registration label issued under clause 16.
"registration number" means a number referred to in clause 19 (1).
"relevant registration charge" for a vehicle means:

(a) in relation to a heavy vehicle-the amount payable as a registration charge under Part 2A of the Act, or

(b) in relation to a light vehicle-the amount payable as motor vehicle tax under the Motor Vehicles Taxation Act 1988 .

"repeater horn" means a device which makes a sound alternating between different tones or frequencies on a regular time cycle.
"restored vehicle" means a vehicle that is being or has been restored to its manufacturer’s specifications, so far as it is reasonably practicable to meet those specifications.
"retractable axle" means an axle with a means of adjustment enabling it to be raised or lowered relative to the other axles in the axle group.
"right", in relation to a vehicle, means to the right of the centre of the vehicle when viewed by a person in the vehicle and facing towards the front of the vehicle.
"road tank vehicle" has the same meaning as in the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail .
"road train" means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer and a converter dolly supporting a semi-trailer).

"safety risk" means danger to a person, to property or to the environment.
"seasonal vehicle" means a registrable vehicle used during part of the year only and of a type approved by the Authority for seasonal use.
"seatbelt" means a belt or similar device that is fitted to a motor vehicle and designed to restrain or limit the movement of a person who is seated in the vehicle and wearing the belt or device if the vehicle suddenly accelerates or decelerates.
"seatbelt anchorage" means the part of a motor vehicle which is designed to secure a seatbelt to the motor vehicle.
"second edition ADR" means an ADR contained in the publication known as the Australian Design Rules for Motor Vehicle Safety, Second Edition originally published by the then Commonwealth Department of Transport.
"security interest" means an interest in, or a power over, goods that secures payment of a debt or other pecuniary obligation or the performance of any other obligation and includes any interest in, or power over, goods of a lessor, owner or other supplier of goods, but does not include a possessory lien or pledge.
"semi-trailer" means a trailer (including a pole-type trailer) that has:

(a) one axle group or single axle towards the rear, and

(b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.

"service brake" means the brake normally used to decelerate a vehicle.
"sidecar" means any car, box or other receptacle attached to the side of a motor bike and for the carriage of which a third wheel is provided.
"side marker light" means a light which, when lighted, is visible from the side of the vehicle on which it is affixed.
"single axle" means an axle not forming part of an axle group.
"single axle group" means a group of 2 or more axles in which the horizontal distance between the centre lines of the outermost axles is less than 1 metre.
"special number-plate" means a number-plate that has a special design, content or format designated by the Authority from time to time as constituting a special number-plate for the purposes of this Regulation.
"spring brake" means a brake using one or more springs to store the energy required to operate the brake.
"standard number-plate" means a number-plate that is not a special number-plate.
"station wagon" means a motor vehicle:

(a) in which such part of the body form as is adjacent to and forward of the front seat or seats, and the greater part of the mechanical equipment, are the same or substantially the same as in a car of the same make, and

(b) in which the body is carried without significant reduction in height from the front seat or seats to, or substantially towards, the rear of the vehicle, and

(c) that has an entrance at the rear suitable for the loading and unloading of goods, and

(d) that is manufactured with a rear seat or seats which can be folded or removed readily to provide additional floor space for the carriage of goods, and

(e) that, when the seat or seats immediately to the rear of the front seat or seats are in position for the accommodation of persons, has a substantial space for the carriage of goods in proportion to the overall size of the interior of the vehicle.

"steerable axle" means an axle the wheels of which are connected to a steering mechanism for the vehicle.
"street rod vehicle" means a vehicle that has been modified for safe road use and that:

(a) has a body and frame that were built before 1949, or

(b) is a replica of a vehicle the body and frame of which were built before 1949.

"street vending vehicle" means a motor vehicle or trailer used for the hawking of ice cream (including any form of frozen confection containing ice cream, flavoured ice, fruit-ice, water-ice or a substitute for ice cream) or chocolates, sweets or other confectionery.
"tandem axle group" means a group of at least 2 axles in which the horizontal distance between the centre lines of the outermost axles is at least 1 metre, but not more than 2 metres.
"taxi-cab" means a motor vehicle (other than a bus) that plies or stands in a road or road related area for hire for the conveyance of passengers.
"the Act" means the Road Transport (Vehicle Registration) Act 1997 .
"third edition ADR" means an ADR contained in the publication known as the Australian Design Rules for Motor Vehicle and Trailers, Third Edition published by the Federal Office of Road Safety of the Commonwealth Department of Transport and Regional Services.
"third party insurance legislation" means the provisions of the Motor Accidents Compensation Act 1999 relating to:

(a) compensation in respect of third parties who are injured or killed by the use of motor vehicles or trailers, or

(b) payment of contributions towards compensation of that kind.

"tow coupling" means a mechanical assembly by means of which a flexible connection is effected between 2 component vehicles of a motor vehicle combination.
"tow coupling overhang" means the horizontal distance from the centre of the axle group, or the centre line of the single axle, at the rear of a vehicle to the pivot point of the coupling near the rear of the vehicle.

"tow truck" means a motor lorry, operated or proposed to be operated by a tow truck operator, that is used for towing broken down or damaged vehicles and which comprises or has permanently affixed to it a crane or similar apparatus for lifting a vehicle partially clear of the ground and is equipped to maintain it in such a position while towing it and includes a tow truck within the meaning of the Tow Truck Industry Act 1998 .
"tow truck operator" has the same meaning as it has in the Tow Truck Industry Act 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 loading (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 loading.
"trader" means a person who is entitled to hold a trader’s plate.
"tri-axle group" means a group of at least 3 axles, in which the horizontal distance between the centre lines of the outermost axles is more than 2 metres, but not more than 3.2 metres.
"turntable" means a bearing that is built to carry vertical and horizontal loads, but does not allow quick separation of its upper and lower rotating elements, and that is used to connect and allow articulation between:

(a) a prime mover and a semi-trailer, or

(b) the steering axle or axle group of a dog trailer and the body of the trailer, or

(c) a fifth wheel coupling and the vehicle to which it is mounted.

"twinsteer axle group" means a group of 2 axles:

(a) with single tyres, and

(b) fitted to a motor vehicle, and

(c) connected to the same steering mechanism, and

(d) the horizontal distance between the centre lines of which is at least 1 metre, but not more than 2 metres.

"vacuum brakes" means vacuum-operated or vacuum-assisted brakes.
"vehicle defect notice" means a defect notice referred to in section 26 (2) (a) of the Act.
"vehicle inspection station" means a place operated by the Authority for the purpose of determining whether registrable vehicles comply with the applicable vehicle standards for the vehicles.
"vehicle number-plate" -see clause 17.
"vehicle registration authority", in relation to a vehicle, means:

(a) the authority that last registered the vehicle, or

(b) if the vehicle has never been registered-the authority responsible for registering vehicles in the jurisdiction in which the vehicle is used or is intended to be used.

"VIN" means the Vehicle Identification Number allocated in accordance with the ADRs.
"windscreen" means the main front windscreen and does not include any wind deflector or other subsidiary windscreen.
"yellow" includes amber.
"20 metre double combination" means a road train consisting of an articulated vehicle hauling one trailer, the overall length of which does not exceed 20 metres.
"50 millimetre kingpin" means a kingpin meeting the dimension requirements for a 50 millimetre kingpin in Australian Standard AS 2175-1990Articulated Vehicles-Kingpins .
"75 millimetre kingpin" means a kingpin with the dimensions specified in clause 173 (3) and (4) (including the diagram in subclause (3)) of Schedule 2.
"90 millimetre kingpin" means a kingpin meeting the dimension requirements for a 90 millimetre kingpin in Australian Standard AS 2175-1990Articulated Vehicles-Kingpins .

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