• Specific Year
    Any

MOTOR VEHICLES ACT 1949

MOTOR VEHICLES ACT 1949


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Repeal  
   5.      Interpretation  
   5A.     Provisions relating to motor vehicles also apply to trailers  
   6.      Application of Act to Crown  
   7.      Registrar, Deputy Registrar and other officers  
   7A.     Delegation  
   7B.     Approvals  

   PART 2--REGISTRATION OF, AND LICENCES TO DRIVE, MOTOR VEHICLES

   8.      Registration of motor vehicles and trailers  
   8A.     Registrar may grant exemption  
   9.      Learner licence  
   10.     Granting of licences  
   10AA.   Requirement to have photograph  
   10AB.   Power of Registrar  
   10AC.   Offence in respect of photograph  
   10A.    Provisional period of licence  
   11.     Physical or mental incapacity or unfitness to hold licence  
   11AA.   Inquiries about fitness to hold commercial passenger vehicle licence  
   11A.    Licence for handicapped person  
   12.     Temporary Budget Improvement Levy  
   12A.    Refund of registration levy in certain circumstances  
   13.     Fees  
   13A.    Motor vehicle, &c., deemed to be registered, &c.  
   14.     Form of registration certificate or licence  
   15.     Production of vehicle upon application for registration, &c.  
   16.     Affixing of number plates  
   17.     Defaced or damaged number plate  
   18.     Loss or destruction of number plate  
   19.     Use of number plates restricted  
   19A.    Destruction of registered motor vehicle  
   20.     Sale or disposal of registered motor vehicle  
   20A.    Sale of uncollected or abandoned registered motor vehicle  
   21.     Liability of new owner  
   21A.    Refund where new owner registers vehicle outside Territory  
   22.     Transfer of number plates  
   23.     Sales of motor vehicles or trailers on behalf of other persons  
   24.     Alteration in description of motor vehicle or trailer  
   25.     Registration of altered motor vehicle or trailer  
   25A.    Person who teaches for fee, &c., to be approved  
   25B.    Driving instructors  
   25C.    Approval may be subject to conditions, &c.  
   25D.    Duration of approval  
   25E.    Examination to determine fitness  
   25F.    Revocation or suspension of approval  
   25G.    Appeals against refusals, revocations, suspensions, &c.  
   25H.    Nature of appeal  

   PART 2A--SPECIAL PROVISIONS FOR LICENCE DISQUALIFICATIONS FOR OFFENDERS UNDER COMMUNITY ORDERS

           Division 1--Preliminary matters

   25J.    Definitions  
   25K.    Application of Part  

           Division 2--Provision for orders for licence while community order in force

   25L.    Application for court order for licence  
   25M.    Decision on application  
   25N.    Effect of order – previously licensed offender  
   25P.    Effect of order – unlicensed offender  

           Division 3--Provision for orders for licence application after community order discharged

   25Q.    Application for court order for licence  
   25R.    Decision on application  
   25S.    Effect of order  
   25T.    Undertaking to be of good driving behaviour  

   PART 3--DEMERIT POINTS SCHEME

           Division 1--Preliminary matters

   26.     Definitions  
   27.     Minister may give directions  
   28.     Active demerit points  

           Division 2--Incurring demerit points

   29.     Demerit points only to natural persons  
   30.     When demerit points are incurred  

           Division 3--Demerit points register

   31.     Demerit points register  
   32.     Demerit points for offence committed in the Territory  
   33.     Demerit points incurred in another jurisdiction  
   33A.    Recording demerit points from other jurisdiction for person taking up residence in Territory  

           Division 4--When demerit points reach suspension threshold

   33B.    When is suspension threshold reached?  

           Division 5--Consequences of reaching suspension threshold

   33C.    Suspension notice issued when suspension threshold reached  
   33D.    Effect of suspension  
   33E.    Suspension period  
   33F.    Early start to suspension period  

           Division 6--Undertaking to be of good driving behaviour

   33G.    Undertaking to be of good driving behaviour  
   33H.    Eligibility to undertake good driving behaviour  
   33J.    Person may apply for extension of time for undertaking  
   33K.    Person may apply to give undertaking by other means  
   33L.    Breach of undertaking  

           Division 7--Administrative matters

   33M.    Advising other jurisdiction of offences committed in Territory  
   33N.    When Registrar advises other jurisdiction  
   33P.    Registrar to provide details of active demerit points  
   33Q.    Demerit points no longer active once taken into account for notice of suspension or breach of undertaking  
   33R.    Demerit points incurred but not taken into account for notice of suspension  
   33S.    Demerit points deleted from register  
   33T.    Withdrawal of suspension notice  
   33U.    Releasing information from register  

           Division 8--Other matters

   33V.    Appeal against decision of Registrar  
   33W.    Court not take demerit points into account  
   33X.    Demerit points not affected by licence suspension under another law  
   33Z.    Offence by body corporate  

   PART 4--TRADERS' PLATES

   34.     Licensing of motor vehicle traders  
   35.     Conditions of use of trader's plates  
   36.     Use of trader's plate  
   37.     Persons who may drive vehicle with trader's plate  
   38.     Sale, &c., of business and transfer of plates  
   39.     Revocation or suspension of right to use trader's plates  
   40.     Return of trader's plates to the Registrar  
   42.     Affixing of trader's plates  
   43.     Record of use of trader's plate  

   PART 5--COMPENSATION CONTRIBUTIONS

           Division 1--Interpretation

   44.     Definition  
   45.     Compensation contributions to be paid  
   46.     Moneys received  
   47.     Declaration of compensation contributions  
   47A.    Reviews  

   PART 5A--USE OF PUBLIC STREETS AND PUBLIC PLACES BY VEHICLES

           Division 1--Preliminary

   50.     Application  
   51.     Interpretation  

           Division 2--Length, width, height and mass of nonconforming vehicles

   52.     Maximum length, &c., of vehicles  
   53.     Vehicle with pneumatic tyres  

           Division 3--Use of trailers

   54.     Maximum number of trailers to be drawn by rigid motor vehicle  
   55.     Maximum number of trailers to be drawn by articulated vehicle  

           Division 4--Axle and wheel loads

   56.     Axle loads on axles not more than one metre apart and wheel loads on co-axial wheels  

   PART 5B--ALTERATION OF MAXIMUM LOADS, GRANTING OF EXEMPTIONS, AND PROHIBITION AGAINST CERTAIN VEHICLES

   57.     Alteration of maximum loads, &c.  
   58.     Prohibition against certain vehicles travelling on specified public streets or in specified public places  
   59.     Exemption of vehicles  
   60.     Proof of exemption defence in certain cases  

   PART 5C--WEIGHING OF VEHICLES

           Division 1--Determination of GVM and GCM

   60A.    Determination of GVM  
   60B.    Determination of GCM  

           Division 2--Determination of mass

   61.     Determination of mass of vehicle  
   62.     Determination of laden mass of vehicle, wheel load and load on tyre  
   63.     Testing weighing machines  

   PART 5D--OFFICERS

   64.     Powers of officers for purposes of Part 5A and Standards  
   65.     Person to comply with requirements, &c., of officers  

   PART 5E--EVIDENCE

           Division 1--Evidence

   66.     Evidence  
   67.     Liability of owner, operator and actual offender  

   PART 6--GENERAL PROVISIONS RELATING TO MOTOR VEHICLES

   92.     Application for registration and licences  
   92A.    Nomination of operator of vehicle  
   93.     Registration and issue of permits in case of joint owners and companies  
   95.     Change of address  
   96.     Lost certificate, licence or permit  
   97.     Production of certificate, licence or permit  
   98.     Return of certificate, licence or permit upon cancellation  
   100.    Defaced certificate, licence or permit  
   101.    Identification requirements for motor vehicles and trailers  
   101AA.  Allocation, marking and interference with vehicle identification numbers  
   101A.   Holders of interstate licences  
   101B.   Revocation or suspension of entitlement to drive of holder of interstate licence, &c.  
   102.    Refusal, cancellation or suspension of authorities  
   102AAA. Cancellation of licence to drive commercial passenger vehicle for disqualifying offence  
   102AAB. Suspension of licence to drive commercial passenger vehicle for disqualifying offence  
   102AAC. Reviews by Chief Executive Officer for disqualifying offences  
   102AAD. Appeal to Local Court  
   102AA.  Applications made by certain offenders  
   102A.   Endorsement that registration is for restricted use only  
   103.    Duration of registration and licences  
   104.    Duration of licences may be shorter  
   106.    Driver of Defence Force vehicle  

   PART 6B--VEHICLES TO WHICH ROAD TRANSPORT CHARGES LAWS APPLY

   107.    Vehicles not to be driven in configuration attracting higher charge than that paid  
   107A.   Change in configuration of heavy vehicle registered in Territory  
   107B.   Temporary permit where configuration of Territory or interstate heavy vehicle altered  

   PART 7--OFFENCES

   108.    Driving motor vehicle different from description in certificate or permit  
   109.    Owner to require driver to produce licence  
   111.    Certain numbers or plates not to be on vehicle  
   112.    Number plates not to be covered  
   113.    Requirement to produce licence or give information  
   114.    Commercial passenger vehicle licensee to notify Registrar about charge for disqualifying offence  
   115.    Obtaining permit, licence, &c., by misrepresentation  
   116.    Production of licence in Court  
   117.    Penalties for offences  
   117A.   Regulatory offences  

   PART 8--MISCELLANEOUS

   118.    Record of registration and licences to be kept  
   119.    Judicial notice of Registrar's, Deputy Registrar's and certain officers' signatures  
   119A.   Defendant deemed to be person named in certificate  
   120.    Laying of information  
   121.    Protection from liability  
   122.    Evidence of registration  
   123.    Evidence of ownership and operation of motor vehicle  
   123A.   Registrar may approve credit arrangement  
   124.    Recovery of fees unpaid  
   125.    Duties of Police, inspectors and officers  
   126.    Power to demand name and address and to arrest without warrant  
   127.    Production of motor vehicles  
   128.    Inspection of motor vehicles  
   128A.   Defective motor vehicles  
   129.    Service of notice  
   130.    Offence due to accident  
   132.    Remission or refund of fees  
   135.    Exemptions  
   137.    Temporary licences  
   137B.   Pastoral vehicle permit  
   137C.   Acquisition on just terms  
   137D.   Discovery for purpose of recovery of debts under car parking contracts  
   137E.   Information sharing  
   138.    Regulations  

   PART 9--TRANSITIONAL MATTERS FOR TERRITORY INSURANCE OFFICE AND OTHER LEGISLATION AMENDMENT ACT 2010

   139.    Compensation contributions  

   PART 10--TRANSITIONAL MATTER FOR MOTOR VEHICLES (PRIVATE CAR PARKING) AMENDMENT ACT 2015

   140.    Certain orders taken never to have been made  

   PART 11--TRANSITIONAL MATTER FOR TRAFFIC AND OTHER LEGISLATION AMENDMENT ACT 2015

   141.    Offences – before and after commencement  
           SCHEDULE 4
           ENDNOTES