Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"AIL", or alcohol ignition lock , see section 19(1) of the Traffic Act .
"AIL licence", see section 10(4A).
"AIL period", see section 19(1) of the Traffic Act .
"AIL vehicle", see section 10(4A).
"approved" means approved by the Registrar.
approved AIL means an AIL approved under section 10(4E).
"approved supplier" means a supplier approved under section 10(4E).
"articulated vehicle" means a motor vehicle the portion immediately following the prime mover of which is pivoted to, and a part of which (not being a pole, drawbar or an accessory thereof) is superimposed on, the prime mover.
"attached", in relation to the connection between a motor vehicle and a trailer, includes connected indirectly through another trailer.
"Australian Design Rule" means a design rule issued by the department for the time being principally responsible under the Minister of the Commonwealth for the administration of land transport and indorsed by the Australian Transport Advisory Council.
Australian Motor Vehicle Certification Board means the body:
(a) known by that name;
(b) consisting of representatives of the Commonwealth, the States, the Australian Capital Territory and the Territory; 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 to:
(i) comply with the requirements of the Australian Design Rules; or
(ii) provide a level of safety that is equivalent to that provided by the Australian Design Rules.
"certification plate" means a plate approved in writing by the Australian Motor Vehicle Certification Board:
(a) affixed to a motor vehicle;
(b) displaying particulars in respect of the motor vehicle; and
(c) conforming to the layout and specification,
as specified in the approval of the Board.
commercial passenger vehicle has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act .
"compensation contributions" means contributions payable in respect of the motor accident compensation scheme established by the Motor Accidents (Compensation) Act .
"configuration", in relation to a vehicle of a kind to which the Road Transport Charges Laws apply, or to which, if the vehicle were required to be registered under this Act, those Laws would apply, means a description, of a vehicle or vehicle combination, in the Road Transport Charges Laws, by reference to the:
(a) motor vehicle type;
(b) types and maximum number of trailers, if any, attached to the motor vehicle;
(c) MRC within the meaning of that Act; and/or
(d) number of axles of the motor vehicle and trailers, if any, attached to the motor vehicle,
comprising the vehicle, being a description in relation to which separate provision is made in the Road Transport Charges Laws for the amount of the registration charge.
"Deputy Registrar" means any Deputy Registrar of Motor Vehicles appointed in pursuance of this Act.
"diameter", in relation to a wheel, means the diameter measured in a horizontal plane across the axis of the wheel and, in relation to a wheel to which the pneumatic tyre is attached, means the diameter of the tyre when that tyre is inflated.
disqualifying offence has the same meaning as in the Commercial Passenger (Road) Transport Act .
"drive", in relation to a vehicle, means to drive, or be in control of, in a public place or in a public street and includes to ride and to haul.
"driver" means a person driving a vehicle.
"fire management operation" means any act done for the prevention or suppression of a fire or the mitigation of a fire hazard and includes fuel reduction, controlled burning and the construction of a fire break.
"former owner", in relation to a motor vehicle which is sold or disposed of, means the owner who sold or disposed of the vehicle.
"goods vehicle" means a motor vehicle constructed primarily for the carriage of goods or animals.
"gross vehicle mass" means the mass recorded by the Registrar, whether by reference to the particulars recorded or kept by an officer having duties in connection with the registration of vehicles in a State or in another Territory of the Commonwealth or otherwise, as the maximum laden mass at which a vehicle should be operated.
"heavy vehicle" means a vehicle that has a gross vehicle mass of more than 4.5 tonnes.
"inspector" means an inspector appointed in pursuance of this Act.
"laden mass", in relation to a vehicle, means:
(a) the tare mass of the vehicle; and
(b) the mass of the load on that vehicle,
borne by the surface on which that vehicle is standing or running.
"learner licence", see section 9.
"length", in relation to a vehicle, means:
(a) in the case of a motor vehicle to which a trailer is attached, the distance from the foremost end of the motor vehicle, a projecting part of the motor vehicle or its load, to the hindmost part of the hindmost trailer, a projecting part of that trailer or its load, whichever is the greatest; and
(b) in any other case, the distance from the foremost end of the vehicle, a projecting part of the vehicle or its load, to the hindmost end of the vehicle, a projecting part of the vehicle or its load, whichever is the greatest,
but:
(c) other than for the purpose of determining the overall length of a motor vehicle to which a trailer is attached, a towbar which is detachable shall not be included in the measurement of the overall length of the trailer; and
(d) for the purpose of determining the overall length of a trailer, a portion of the trailer not exceeding the full width of that trailer and contained within a radius of 1.9 metres forward of the point of articulation of that trailer shall not be included in the measurement of the overall length of that trailer.
"licence" means a licence under this Act.
"licensed" means licensed under this Act.
"licensee" means any person to whom a licence has been granted.
"limousine" has the same meaning as in the Commercial Passenger (Road) Transport Act .
"mandatory period", see section 19(1) of the Traffic Act .
"medical testing officer" means a medical testing officer appointed in pursuance of this Act.
"minibus" has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act .
"motor car" means any motor vehicle constructed to be used principally for the carriage of persons, but does not include a motor cycle or a powered cycle.
"motor cycle" does not include a powered cycle.
"motor omnibus" means an approved motor vehicle fitted, equipped and constructed in accordance with the Australian Design Rules to carry more than 8 passengers and used to carry passengers for hire or reward.
"motor tractor" means any motor vehicle constructed principally for the purpose of supplying motive power for machinery, or for hauling any vehicle.
"motor vehicle" means any motor car, motor carriage, motor cycle, goods vehicle, motor omnibus, motor tractor, or other vehicle propelled upon public streets wholly or partly by any volatile spirit or by steam, gas, oil, or electricity, or by any means other than human or animal power, and includes a trailer at any time attached to a motor vehicle but does not include any vehicle used on a railway or a powered cycle.
"multi-purpose passenger car" means a motor vehicle for use wholly or principally for the carriage of persons, being a motor vehicle that:
(a) is fitted, equipped or constructed so as to seat not more than 8 adult persons;
(b) is constructed:
(i) on a chassis of a kind usually used in the construction of a goods vehicle; or
(ii) otherwise in the manner of a motor vehicle for use wholly or principally for the carriage of goods; and
(c) is fitted, or is capable of being fitted, with pneumatic tyres.
"new owner", in relation to a motor vehicle which is sold or disposed of means the person to whom the vehicle is sold or disposed of.
"Office" means the Territory Insurance Office established by the Territory Insurance Office Act .
"officer" means:
(a) a person appointed in pursuance of this Act; or
(b) a member of the Police Force.
"operator", in relation to a vehicle, means:
(a) a person nominated under section 92A by the owner of the vehicle to be the operator of the vehicle; or
(b) if no person has been nominated as the operator of the vehicle – the owner of the vehicle.
"owner" means the person described in a certificate of registration as owner or new owner and includes the legal personal representative of that person, and, in relation to an application for registration or transfer or renewal of registration, a person who owns a motor vehicle or is purchasing a motor vehicle in pursuance of a hire purchase agreement.
"passenger car" means a motor vehicle for use wholly or principally for the carriage of persons, other than a multi-purpose passenger car, motor omnibus or motor cycle.
"passenger car derivative" means a motor vehicle for use wholly or principally for the carriage of goods, being a motor vehicle:
(a) that is of a kind known as a panel van or utility or is a similar kind of motor vehicle; and
(b) the front part of the body and the mechanical equipment of which are substantially the same as in passenger cars manufactured by the manufacturer of the motor vehicle.
"pastoral vehicle permit" means a pastoral vehicle permit granted or renewed under section 137B(1).
"pneumatic tyre" means a tyre consisting of a flexible elastic shell inflated with, and supported by, no other substance other than:
(a) air;
(b) a gas other than air;
(c) a combination of air and another gas; or
(d) a prescribed substance,
whether with or without an inner tube.
"Police Force" means Police Force of the Territory.
"powered cycle" means a bicycle, tricycle or any contrivance of a similar nature which is equipped:
(a) with pedals which may be used as a means of propulsion; and
(b) with an engine, motor or other device which is capable of producing a power output not exceeding 200 watts.
"prime mover" means a motor vehicle constructed so as to provide the motive power for an articulated vehicle.
"private hire car" has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act .
"public place" means any part (other than a public street) of a park, reserve, parking area, recreational or sporting ground, racecourse, drive-in theatre, beach or any other open place, that is open to or used by the public, whether with or without payment for admission, but does not include the track within an enclosed ground used for vehicle or animal speed races or trials.
"public street" means any street, road, lane, thoroughfare, footpath or place open to, or used by, the public and includes a road on land leased under the Special Purposes Leases Act for use as a road, but does not include:
(b) a road, or part of a road, that is closed under the Control of Roads Act or under the Local Government Act ; or
(c) a street, road, lane, thoroughfare, foot-path, or other place, under construction,
and not open to or used by the public.
"reconfiguration period" means, in relation to an amendment to the registration of a vehicle under section 107A, or a temporary permit under 107B, the period in respect of which the amendment or permit, as the case may be, is in force.
"registered" means registered under this Act.
"Registrar" means the Registrar of Motor Vehicles appointed in pursuance of this Act.
"Regulations" means regulations made under this Act.
"repealed Ordinance" means any Ordinance repealed by section 3 and includes any such Ordinance as subsequently amended.
"resident of the Territory" means a person who has resided in the Territory for a continuous period of not less than 3 months.
"rigid", in relation to a vehicle, means that the longitudinal axis of the vehicle cannot deviate from a straight line in the horizontal plane.
"Road Transport Charges Laws "means Schedule 2 of the Motor Vehicles (Fees and Charges) Regulations .
"self-tracking", in relation to a trailer, means equipped with a device which causes the distances between wheels on the same side of the trailer to vary as the trailer is hauled round a curve in a road in such manner that the trailer follows approximately round the curve the track of the motor vehicle to which it is attached.
special passenger vehicle has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act .
"Standards" means the Motor Vehicles (Standards) Regulations .
"suspension notice", see section 26.
"suspension period", see section 26.
"tare mass", in relation to a vehicle, means the unladen mass of the vehicle together with the equipment prescribed to be carried upon or fitted to the vehicle and, in the case of a vehicle which uses fuel, approximately 10 litres of fuel.
"taxi" has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act .
"Territory of the Commonwealth" means any Territory under the authority of the Commonwealth (including a Territory governed by the Commonwealth under a Mandate).
"Territory motor vehicle" means a motor vehicle owned by the Territory.
"the public", in relation to land that is included in a reserve within the meaning of the Social Welfare Act , means those persons who are not prohibited by or under section 17 or 18 of that Act from entering or remaining on such land.
"tourist vehicle" has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act .
"trader" means a person to whom a motor vehicle trader's licence has been granted or transferred and, in the case of a trader being a company, firm or partnership, includes any director, manager or other officer of the company or any member of the firm or any partner of the partnership.
"trailer" means any vehicle without motive power constructed or adapted for being drawn by a motor vehicle.
"vehicle" means any means of conveyance which runs on wheels but does not include any vehicle used on a railway.
"vehicle identification number" means a number marked on a motor vehicle in accordance with section 101.
"visiting motor vehicle" means a motor vehicle which:
(a) is registered in a State, in another Territory or in another country;
(b) has affixed to it the current registration label required to be so affixed by the law of the State, Territory or country in which it is registered;
(c) is temporarily in the Northern Territory; and
(d) has affixed to it the number plate or plates required to be so affixed by the law of the State, Territory or country in which it is registered.
"weighing device" means a device approved by the Minister for the purposes of this Act and the Standards.
"weighing machine" means:
(a) a weighbridge; or
(b) a weighing device.
"weighing station" means a place on or near a public street or public place at which there is a weighing device.
"width" means:
(a) in relation to a vehicle, the distance from one side of the vehicle, a projecting part of that vehicle or its load, to the other side of that vehicle, a projecting part of that vehicle or its load, whichever is the greatest, but excluding rear vision mirrors and signalling devices on that vehicle;
(b) in relation to a tyre, the width of the surface of the tyre which ordinarily comes into contact with the surface of the road; and
(c) in relation to tyres on a group of co-axial wheels on one side of the longitudinal centre line of the vehicle, the sum of the widths of the surfaces of those tyres which ordinarily come into contact with the surface of the road.
(3) For the purposes of this Act:
(b) a reference to an Australian Design Rule shall be read as a reference to the design rule read in conjunction with the document known as "Australian Design Rules – Definitions"; and
(c) where an Australian Design Rule refers to another document, that document shall be deemed to be incorporated with, and form part of, that Australian Design Rule.