MOTOR VEHICLES ACT 1959

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 2 Crown is bound
• 5 Interpretation
• 6 Power of Minister to include or exclude areas from application of Act
• 6A Delegation by Minister

PART 2--Registration of motor vehicles

Division 1--Registration

• 7 Registrar and officers
• 8 The register
• 9 Duty to register

Division 2--Exemptions and permits

• 10 Exemption of vehicles with trade plates
• 10A Exemption of vehicles being loaded or unloaded from transporter
• 12 Exemption for certain trailers, agricultural implements and agricultural machines
• 12A Exemption of self-propelled wheelchairs from requirements of registration and insurance
• 12B Exemption of certain vehicles from requirements of registration and insurance
• 16 Permits to drive vehicles without registration
• 19A Vehicles registered etc interstate or overseas

Division 3--Registration procedure

• 20 Application for registration
• 21 Power of Registrar to decline application
• 22 Registrar may require applicant to supply information
• 23 Refusal to register unfit vehicles
• 23A Information required before registration of new vehicles
• 24 Duty to grant registration

Division 3A--Periodic payments

• 24A Registrar may accept periodic renewal payments

Division 4--Conditional registration

• 25 Conditional registration

Division 5--Duration of registration

• 26 Duration of registration

Division 6--Registration fees

• 27 Regulation of registration fees
• 28 Payments into National Heavy Vehicle Regulator Fund
• 31 Registration without fee
• 34 Registration fees for primary producers' commercial vehicles
• 37 Registration fees for vehicles in outer areas
• 37A Application of sections 38 to 38B
38. Registration fees for incapacitated ex-service personnel
• 38A Reduced fees for pensioner entitlement card holders
• 38AB Registration fees for trailers owned by pensioner entitlement card holders
• 38B Registration fees for certain incapacitated persons or carers
• 40 Balance of registration fee
• 40A Refund of part of registration fee on eligibility for reduced fee
• 41 Misuse of vehicles registered at reduced fees or without fees
• 42 Registration not transferable in certain cases where vehicle registered at reduced fee or for no fee
• 43 Short payment etc
• 43A Temporary configuration certificate for heavy vehicle

Division 7--Duty to notify alterations or additions to vehicles

• 44 Duty to notify alterations or additions to vehicles
• 45 Refund where vehicle altered

Division 8--Numbers and number plates

• 46 Allotment of number on registration
• 47 Duty to carry number plates
• 47A Classes of number plates and agreements for allotment of numbers
• 47B Issue of number plates
• 47C Return, recovery etc of number plates
• 47D Offences in connection with number plates

Division 10--Suspension, cancellation and transfer of registration

• 54 Cancellation of registration and refund on application
• 55A Suspension and cancellation of registration by Registrar
• 55B Notice to be given to Registrar
• 55C Action following disqualification or suspension outside State
• 56 Duty of transferor on transfer of vehicle
• 57 Duty of transferee on transfer of vehicle
• 57A Power of Registrar to record change of ownership of motor vehicle
• 58 Transfer of registration
• 59 Non-transferable registrations
• 60 Cancellation of registration where failure to transfer after change of ownership
• 60A Lodgement of applications, notices etc
• 61 Hire-purchase transactions
• 61A Removal of number plates by Chief Recovery Officer

Division 11--Trade plates

• 62 Issue of trade plates
• 64 Specifications of plates
• 65 Duration
• 66 Use of vehicle to which trade plates are affixed
• 70 Return of trade plates and refunds
• 71 Transfer of trade plates

Division 12--Property in and replacement of plates and documents

• 71A Property in plates and documents
• 71B Replacement of plates and documents

Division 13--Miscellaneous

• 71C Powers of Registrar in relation to offensive material displayed on motor vehicles

PART 3--Drivers' licences

• 72 Classification of licences
• 72A Qualified supervising drivers
• 73 Register of licences
• 74 Duty to hold licence or learner's permit
• 75 Issue and renewal of licences
• 75AAA Term of licence and surrender
• 75AA Only 1 licence to be held at any time
• 75A Learner's permit
• 75B Special provisions applying to certain motor bike learner's permits
• 77A Licences and learner's permits to include photographs
• 77B Powers of Registrar in relation to applicant for licence or permit
• 77BA Use of photographs by Registrar
• 77C Temporary licences and learner's permits
• 79 Examination of applicant for licence or learner's permit
• 79A Driving experience required for issue of licence
• 79B Alcohol and drug dependency assessments and issue of licences
• 80 Ability or fitness to be granted or hold licence or permit
• 81 Restricted licences and learner's permits
• 81A Provisional licences
• 81AB Probationary licences
• 81AC Special provisions applying to certain motor bike licences
• 81B Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions
• 81BA Safer Driver Agreements
• 81BB Appeals to Magistrates Court
• 81BC Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961
• 81C Disqualification for certain drink driving offences
• 81D Disqualification for certain drug driving offences
• 81E Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions
• 81F Mandatory alcohol interlock scheme conditions
• 81G Cessation of licence subject to mandatory alcohol interlock scheme conditions
• 81H Contravention of mandatory alcohol interlock scheme conditions
• 82 Vehicle offences and unsuitability to be granted or hold licence or permit
• 83 Consequences of certain orders or administrative actions outside State
• 84 Cancellation of licence or permit where issued in error
• 85 Procedures for suspension, cancellation or variation of licence or permit
• 91 Effect of suspension and disqualification
• 93 Notice to be given to Registrar
• 94 Administrative errors and notices of disqualification
• 96 Duty to produce licence or permit
• 97 Duty to produce licence or permit at court
• 97A Visiting motorists
• 98AAA Duty to carry licence when driving heavy vehicle
• 98AA Duty to carry licence when teaching holder of learner's permit to drive
• 98AAB Duty to carry probationary licence, provisional licence or learner's permit
• 98AAC Issue of duplicate licence or learner's permit
• 98AAD Licence or learner's permit falsely obtained is void
• 98AAE Licence or learner's permit unlawfully altered or damaged is void
• 98AAF Duty on holder of licence or learner's permit to notify illness etc
• 98AAG Exemptions for Aboriginal persons in remote areas

PART 3A--Motor driving instructors' licences

• 98A Instructors' licences

PART 3B--Demerit points scheme

• 98AB Interpretation
• 98B Demerit points for offences in this State
• 98BB Demerit points for offences interstate
• 98BC Liability to disqualification
• 98BD Notices to be sent by Registrar
• 98BE Disqualification and discounting of demerit points
• 98BF Effect of appeal or rehearing on disqualification and discounting
• 98BH Court not to take into account demerit points
• 98BI Notification of demerit points to interstate licensing authorities

PART 3C--Towtrucks

• 98D Certain towtruck drivers required to hold certificates
• 98E Applications for towtruck certificates
• 98F Entitlement to be granted towtruck certificates
• 98G Renewal of towtruck certificates
• 98H Conditions of towtruck certificates
• 98I Surrender of towtruck certificate
• 98J Suspension of towtruck certificate
• 98K Temporary towtruck certificates
• 98L Form of certificates
• 98M Duplicate certificates
• 98MA Return of certificates when cancelled or suspended
• 98MB Register of certificates
• 98MC Towtruck operators to notify Registrar of towtruck drivers in their employ
• 98MD Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair
• 98ME Towing of vehicle at or from scene of accident
• 98MF Storage of vehicles by towtruck operators
• 98MG Removal of vehicle from place to which it was removed from the scene of an accident
• 98MH Contracts relating to the repair of certain motor vehicles
• 98MI Duty to surrender vehicle
• 98MJ Accident spotting
• 98MK Off the hook transactions
• 98ML Towtruck driver to carry and produce certificate
• 98N Trade plates not to be used for the purpose of a towtruck in certain circumstances
• 98O Persons who may ride in towtruck
• 98P Investigation powers
• 98PA Power to require production or attendance for investigations
• 98PC Cause for disciplinary action
• 98PD Complaints
• 98PE Hearing by Tribunal
• 98PF Appointment, selection etc of assessors
• 98PG Disciplinary action

PART 3D--Disabled persons' parking permits

• 98R Application for permit
• 98S Duration and renewal of permits
• 98T Permit contents, conditions and entitlements
• 98U Misuse of permit
• 98V Cancellation of permit
• 98WA Interstate permit holders have reciprocal entitlements
• 98X Interpretation

PART 3E--Rights of review and appeal

• 98Z Review by Registrar
• 98ZA Review by Tribunal

PART 4--Third party insurance

• 99 Interpretation
• 99A Insurance premium to be paid on applications for registration
• 101 Approved insurers
• 102 Duty to insure against third party risks
• 104 Requirements if policy is to comply with this Part
• 105 Policies to conform to amending Acts
• 107 Rights of persons named in policies
• 109 Liability of insurers where premium not paid
• 110 Liability of insurer to pay for emergency treatment
• 111 Liability of insurer to pay for hospital treatment
• 111A Liability of insurer in respect of burial at public expense
• 112 Liability of insurer when judgment obtained against insured
• 113 Liability of insurer where the insured is dead or cannot be found
• 113A Insurer not liable for aggravated damages or exemplary or punitive damages
• 114 Certain defences ineffective in actions against insurers
• 115 Claims against nominal defendant where vehicle not identified
• 116 Claim against nominal defendant where vehicle uninsured
• 116A Appointment of nominal defendant
• 117 Interpretation of expression in sections 113 and 115
118A. Appointment of nominal defendant when approved insurer is wound up etc
• 118B Interpretation of certain provisions where claim made or action brought against nominal defendant
• 119 Scheme under which approved insurers indemnify liabilities incurred by nominal defendant
• 120 Satisfaction of judgment against nominal defendant where no scheme in force
• 121 Policy to bind all insured persons
• 122 Cancellation of policy
• 123 Right of insurer against unauthorised driver of vehicle
• 124 Duty to cooperate with insurer
• 124AA Limitation of liability in respect of foreign awards
• 124A Recovery by insurer
• 124AB Recovery of an excess in certain cases
• 124AC Credit for payment of expenses by insurer
• 125 Power of insurer to deal with claims against insured
• 125A Joinder of insurer as defendant to an action
• 125B Acquisition of vehicle by insurer
• 126 Duty of insured not to litigate or negotiate claim
• 126A Claim for compensation
• 127 Medical examination of claimants
• 127A Control of medical services and charges for medical services to injured persons
• 127B Liability of insurer to pay treatment, care and support costs
• 127C Control of legal costs
• 128 Duty of insurers to furnish information
• 129A Commissions and other financial benefits and inducements prohibited without Minister's approval
• 131 Insurance by visiting motorists
• 132 Power to disqualify on application of insurer
• 133 Contracting out of liability
• 134 Persons entitled to act in connection with claims

PART 4A--Trials of automotive technologies

• 134B Interpretation
• 134C Minister may publish or adopt guidelines
• 134D Minister may authorise trials of automotive technologies
• 134E Exemptions from this and other Acts
• 134F Revocation and suspension of exemption
• 134G Offence to contravene etc condition of exemption
• 134H Requirement for insurance
• 134I Offence to hinder authorised trial or interfere with equipment
• 134J Immunity relating to official powers or functions
• 134K Commencement of prosecutions
• 134L Confidentiality
• 134M Report to Parliament

PART 5--Supplementary provisions

• 135 False statements
• 135A Bribes
• 135B Applications made by agent
• 135C Proof of identity
• 136 Duty to notify change of name, address etc
• 137 Duty to answer certain questions
• 137A Obligation to provide evidence of design etc of motor vehicle
• 138 Obligation to provide information
• 138A Commissioner of Police to give certain information to Registrar
• 138B Effect of dishonoured cheques etc on transactions under the Act
• 139 Inspection of motor vehicles
• 139AA Where vehicle suspected of being stolen
• 139A Suspension of disqualification on appeal
• 139BA Power to require production of licence etc
• 139BB Issue of new licence or permit where licence etc cannot be endorsed
• 139BC Manner of endorsing licence etc
• 139BD Service and commencement of notices of disqualification
• 139C Service of other notices and documents
• 139D Confidentiality
• 139E Protection from liability
• 139G Offences by authorised officers
• 140 Evidence of registers
• 141 Evidence by certificate etc
• 142 Facilitation of proof
• 142A Evidence of ownership of motor vehicle
• 143 Causing or permitting offences
• 143B General defences
• 145 Regulations and fee notices
• 147 Financial provision
• 148 Duty of health professionals
• SCHEDULE 1--Evidence obtained by photographic detection device
• SCHEDULE 2--Prescribed circumstances (sections 75A, 75B and 81A)
Legislative history