MOTOR VEHICLES ACT 1949 - SECT 5 Interpretation
MOTOR VEHICLES ACT 1949 - SECT 5
Interpretation(1) In this Act:
"AIL", or alcohol ignition lock , see section 19(1) of the Traffic Act 1987 .
"AIL licence", see section 10(4A).
"AIL period", see section 19(1) of the Traffic Act 1987 .
"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 national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018 (Cth).
"Australian Vehicle Standards Rules" means the Australian Vehicle Standards Rules set out in Schedule 6 of the Standards.
commercial passenger vehicle has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act 1991 .
"community order", for Part 2A, see section 25J.
"compensation contributions" means contributions payable in respect of the motor accident compensation scheme established by the Motor Accidents (Compensation) Act 1979 .
"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 1991 .
"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.
"driving program", for Part 2A, see section 25J.
"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 or trailer that is sold or disposed of, means the person who owned the motor vehicle or trailer immediately before the sale or disposal.
"GCM "or gross combination mass , of a motor vehicle, means the sum of the maximum laden mass of the motor vehicle and any other vehicle or vehicles it may tow at the same time, as determined in accordance with section 60B.
"goods vehicle" means a motor vehicle constructed primarily for the carriage of goods or animals.
"GVM "or gross vehicle mass , of a vehicle, means the maximum laden mass at which the vehicle may be operated as determined in accordance with section 60A.
"heavy vehicle" means a vehicle that has a gross vehicle mass of more than 4.5 tonnes.
"identification device "means a plate or label that is:
(a) attached to a motor vehicle or trailer; and
(b) part of the identification requirements for the motor vehicle or trailer under section 101(1) or (2).
"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.
"licence disqualification", for Part 2A, see section 25J.
"licensed" means licensed under this Act.
"licensed driver", for Part 2A, see section 25J.
"licensee" means any person to whom a licence has been granted.
"limousine" has the same meaning as in the Commercial Passenger (Road) Transport Act 1991 .
"MAC Commission" means the Commission as defined in section 3 of the Motor Accidents (Compensation) Commission Act 2014 .
"mandatory period", see section 19(1) of the Traffic Act 1987 .
"minibus" has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act 1991 .
"motor cycle" does not include any vehicle excluded by regulation.
"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 vehicle for use on land that is designed to be wholly or partly self-propelled and includes any trailer attached to it, but does not include any vehicle excluded by regulation.
"new owner", in relation to a motor vehicle or trailer that is sold or disposed of, means the person to whom the motor vehicle or trailer is sold or disposed of.
"offender", for Part 2A, see section 25K(1)(a).
"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 trailer or is purchasing a motor vehicle or trailer in pursuance of a hire purchase agreement.
"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.
"previously licensed offender", for Part 2A, see section 25L(1)(a).
"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 1991 .
"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 1953 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 1953 or under the Local Government Act 2019 ; or
(c) a street, road, lane, thoroughfare, foot-path, or other place, under construction,
and not open to or used by the public.
RAV or Register of Approved Vehicles means the Register of Approved Vehicles kept under section 14(1) of the Road Vehicle Standards Act 2018 (Cth).
"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.
"registered person", see section 11(1A).
"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 2008 .
"second edition ADR "means an Australian Design Rule incorporated in the document entitled "Australian Design Rules for Motor Vehicle Safety, Second Edition" originally published by the then Commonwealth Department of Transport.
"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 1991 .
"Standards" means the Motor Vehicles (Standards) Regulations 2003 .
"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 1991 .
"Territory of the Commonwealth" means any Territory under the authority of the Commonwealth (including a Territory governed by the Commonwealth under a Mandate).
"third edition ADR" means an Australian Design Rule that is not a second edition ADR.
"tourist vehicle" has the same meaning as in section 3(1) of the Commercial Passenger (Road) Transport Act 1991 .
"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.
"unlicensed offender", for Part 2A, see section 25L(1)(b).
"vehicle" means any means of conveyance which runs on wheels but does not include any vehicle used on a railway.
"vehicle identification number", of a motor vehicle or trailer, means:
(a) the vehicle identifier of the motor vehicle or trailer; or
(b) the number allotted by the Registrar to the motor vehicle or trailer under section 101AA(1) and marked on the motor vehicle or trailer under section 101AA(2).
"vehicle identifier" means:
(a) for a motor vehicle or trailer manufactured on or before 30 June 1988 – a number permanently marked on the motor vehicle or trailer by the manufacturer for its identification and accepted by the Registrar as a unique identifier; or
(b) for a motor vehicle or trailer manufactured after 30 June 1988 – the identification number allocated to and permanently marked on the motor vehicle or trailer by the manufacturer in accordance with an Australian Design Rule.
"visiting vehicle" means a vehicle that:
(a) is registered in a State, another Territory or another country; and
(b) if required under the law of that State, Territory or country – has affixed to it a current registration label and a number plate or plates; and
(c) is temporarily in the Northern Territory.
"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.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) Unless otherwise provided, a reference in this Act to an Australian Design Rule is a reference to the rule as in force from time to time.
(3) A reference in this Act to an Australian Design Rule is a reference to the rule read in conjunction with:
(a) for a second edition ADR – the document entitled "Australian Design Rules - Definitions" that forms part of the document entitled "Australian Design Rules for Motor Vehicle Safety, Second Edition" originally published by the then Commonwealth Department of Transport; or
(b) for a third edition ADR – the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 (Cth).
(4) If an Australian Design Rule mentioned in this Act refers to another document, the other document is taken to be incorporated with, and form part of, the Australian Design Rule.
(5) A reference in this Act to a second edition ADR, or third edition ADR, followed by a number is a reference to the second edition ADR, or third edition ADR, as appropriate, of that number.
(6) A reference in this Act to a number includes a reference to a letter of the alphabet.
(7) A word or expression defined in the Australian Vehicle Standards Rules applies to those Rules despite any inconsistent definition in this Act.