Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 16B

Definitions

16B. Definitions



(1) In this Division-



corresponding category means a specified category of written-off vehicle on an
interstate written-off vehicles register that the Governor in Council by Order
published in the Government Gazette declares to be a category that corresponds
to a specified category of written-off vehicle under this Division; domestic
partner of a person means an adult person to whom the person is not married
but with whom the person is in a relationship as a couple where one or each of
them provides personal or financial commitment and support of a domestic
nature for the material benefit of the other, irrespective of their genders
and whether or not they are living under the same roof, but does not include a
person who provides domestic support and personal care to the person-

   (a)  for fee or reward; or

   (b)  on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation); insurer means a person who carries on the business of
        insuring motor vehicles and includes any other person, or class of
        person, declared to be an insurer by the regulations; interstate
        written-off vehicles register means a register kept under a law of
        another State or of a Territory that corresponds to the register
        required by section 16D; late model vehicle means a motor vehicle that
        is not more than 15 years old (age being determined by the date of
        manufacture); motor wrecker means a person who carries on the business
        of-

   (a)  demolishing or dismantling motor vehicles or parts of, or accessories
        for, motor vehicles; or

   (b)  buying motor vehicles and substantially demolished or dismantled motor
        vehicles and selling substantially demolished or dismantled motor
        vehicles (whether or not the person also sells parts of, or
        accessories for, motor vehicles); repairable write-off means a
        written-off vehicle that-

   (a)  is not a statutory write-off; or

   (b)  is entered on an interstate written-off vehicles register in a
        corresponding category to repairable write-off under this Division;



self-insurer means a corporation or partnership that owns 5 or more late model
vehicles-

   (a)  that are registered under Division 2 for use on a highway or
        registered for use on a highway by a registration authority in another
        State or a Territory; and

   (b)  in respect of which there is no insurance policy with an insurer
        covering loss or damage of each vehicle; statutory write-off means a
        motor vehicle that is written off and is-

   (a)  a motor vehicle (other than a motor cycle) that has been damaged by at
        least 3 of the following impact damage indicators-

   (i)  damage to an area of the roof equal to or exceeding 300 millimetres by
        300 millimetres; or

   (ii) damage to an area of the cabin floor pan equal to or exceeding 300
        millimetres by 300 millimetres; or

   (iii) damage to an area of the firewall equal to or exceeding 300
        millimetres by 300 millimetres; or

   (iv) any damage to the suspension; or

   (v)  damage (cracked or broken) to major mechanical components such as the
        engine block and transmission casings; or

   (b)  a motor cycle that has impact damage (excluding scratching) to the
        suspension and at least 2 areas of structural frame damage; or

   (c)  a motor vehicle (other than a motor cycle) that has been-

   (i)  immersed in salt water above the doorsill level for any period; or

   (ii) immersed in fresh water up to the dashboard or steering wheel for more
        than 48 hours; or

   (d)  a motor cycle that has been-

   (i)  fully immersed in salt water for any period; or

   (ii) fully immersed in fresh water for more than 48 hours; or

   (e)  a motor vehicle that has been burnt to such an extent that it is only
        fit for wrecking or scrap; or

   (f)  a motor vehicle that has been stripped of all, or a combination of
        most, interior and exterior body parts, panels and components; or
        Examples Examples of interior and exterior body parts, panels and
        components of a motor vehicle are the engine, wheels, bonnet, guards,
        doors and boot lid.

   (g)  entered on an interstate written-off vehicles register in a
        corresponding category to statutory write-off under this Division;



* * * * *



written-off vehicle means-

   (a)  a statutory write-off; or

   (b)  a repairable write-off.

(2) The Governor in Council may, by Order published in the Government Gazette,
declare that a specified category of written-off vehicle on an interstate
written-off vehicles register corresponds to a specified category of
written-off vehicle under this Division.

(3) The Chief Commissioner of Police may authorise in writing for the purposes
of section 16D(4) a specified member or members of the police force.

(4) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  in determining whether persons are domestic partners of each other,
        all the circumstances of their relationship are to be taken into
        account, including any one or more of the matters referred to in
        section 275(2) of the Property Law Act 1958 as may be relevant in a
        particular case;

   (b)  a person is not a domestic partner of another person only because they
        are co-tenants.