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MOTOR VEHICLES ACT 1959 - SECT 43A

MOTOR VEHICLES ACT 1959 - SECT 43A

43A—Temporary configuration certificate for heavy vehicle

        (1)         A person must not drive a registered heavy vehicle on a road in an unregistered configuration unless a temporary configuration certificate is in force under this section in respect of the vehicle for that configuration.

        (2)         If a person drives a heavy vehicle on a road in contravention of subsection (1), the vehicle will be taken to be unregistered for the purposes of this Act.

        (3)         If a person is guilty of an offence of driving an unregistered vehicle on a road by virtue of subsection (2), a person who caused or permitted the vehicle to be so driven is also guilty of an offence.

Maximum penalty: $2 500.

        (4)         If the registered owner or the registered operator of a registered heavy vehicle

            (a)         applies for a temporary configuration certificate to be issued in respect of the vehicle for a configuration other than the vehicle's registered configuration; and

            (b)         pays to the Registrar

                  (i)         a fee equal to the product obtained by multiplying the number of days in the period for which the certificate is to be in force or 90 days (whichever is the greater) by one-three hundred and sixty fifth of the difference between—

                        (A)         the prescribed registration fee that would be payable for registration of the vehicle for 12 months if that other configuration were nominated in an application for such registration; and

                        (B)         the prescribed registration fee that would be payable for registration of the vehicle for 12 months if its registered configuration were nominated in an application for such registration,

(a fraction of one dollar being counted as one dollar); and

                  (ii)         the prescribed administration fee,

the Registrar may issue such a certificate to the registered owner or the registered operator of the vehicle.

        (5)         A certificate may be issued under this section in respect of a vehicle so as to be in force for a period specified in the certificate at the option of the applicant, being a period not exceeding the unexpired portion of the vehicle's registration.

        (6)         A certificate under this section will be in a form determined by the Minister.

        (7)         A person who drives a vehicle on a road while a certificate is in force in respect of the vehicle under this section must—

            (a)         carry the certificate in the vehicle; and

            (b)         if so required by a police officer or an authorised officer, produce the certificate for inspection by the police officer or authorised officer.

Maximum penalty: $250.

        (8)         If the Registrar is satisfied that a certificate under this section has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate.

        (9)         The Registrar may, on application by the holder of a certificate under this section, cancel the certificate.

        (10)         If the registration of a vehicle in respect of which a certificate is in force under this section is cancelled or transferred, the certificate is cancelled.

        (11)         Subject to subsection (12), if a certificate under this section is cancelled, any registration fee paid for the issue of the certificate is not refundable.

        (12)         The Registrar may, if satisfied that reasonable cause exists for doing so, refund all or part of a fee (other than an administration fee) paid for the issue of a certificate under this section.

        (13)         Where the person recorded in the register of motor vehicles as the owner or the operator of a heavy vehicle is convicted of an offence of driving the vehicle while it is unregistered by virtue of subsection (2) or of an offence against subsection (3), the court must order, in addition to any other penalty it may have imposed, that the convicted person pay to the Registrar within a period specified in the order, the difference between—

            (a)         the prescribed registration fee that would have been payable for registration of the vehicle for the period for which the vehicle's registration was effected if the current configuration of the vehicle at the time of the offence had been nominated in the application for the registration of the vehicle; and

            (b)         the prescribed registration fee that was paid for registration of the vehicle.

        (14)         On making an order under subsection (13), the court must notify the Registrar in writing of the terms of the order.

        (15)         Despite any other provision of this Act, registration fees paid pursuant to an order under subsection (13) are not refundable on subsequent cancellation of registration.

        (16)         For the purposes of this section—

            (a)         "current configuration", in relation to a registered heavy vehicle, means the vehicle in its current form together with the trailers (within the meaning of the regulations), if any, that are being hauled by the vehicle;

            (b)         "registered configuration", in relation to a registered heavy vehicle, means the configuration nominated in the application for the registration of the vehicle;

            (c)         the current configuration of a registered heavy vehicle will be taken to be an unregistered configuration if—

                  (i)         it does not conform to the vehicle's registered configuration; and

                  (ii)         the amount paid for registration in respect of the vehicle was less than the amount that would have been payable if the vehicle's current configuration had been nominated in the application for the registration of the vehicle.