Victorian Consolidated Regulations

Road Safety (Vehicles) Regulations 1999 - SECT 245

Discretionary suspension of registration

245. Discretionary suspension of registration



(1) The Corporation may suspend the registration of a vehicle if-

   (a)  a vehicle defect notice relating to the vehicle has not been complied
        with and the date for compliance specified in the notice has expired;
        or

   (b)  the vehicle does not comply with the standards for registration; or

   (c)  any transport accident charge or duty payable in relation to the
        vehicle, or any amount payable in relation to the vehicle under the
        Act or these Regulations, has not been paid; or

   (d)  a non-cash payment submitted to the Corporation as payment of an
        amount referred to in paragraph (c) is dishonoured; or



   (e)  a penalty imposed on the registered operator of the vehicle in respect
        of the operation of the vehicle is unpaid and no court order for the
        payment of a penalty by instalments has been made; or

   (f)  the registered operator of the vehicle has not complied with a court
        order for the payment by instalments of a penalty imposed on the
        registered operator in respect of the operation of the vehicle; or

   (g)  the vehicle has been destroyed or damaged beyond repair; or

   (h)  the Corporation reasonably believes that the ownership, possession,
        control or description of the vehicle as recorded on the register is
        uncertain; or

        (i)    the registered operator of the motor vehicle is a corporation
               that is convicted of an offence against section 60 of the Act
               (failing to identify driver) in relation to the vehicle; or

   (j)  the requirements of these Regulations with respect to the transfer or
        registration of the vehicle have not been complied with.

(2) If the Corporation decides to suspend the registration of a vehicle under
subregulation (1), the Corporation must give the registered operator notice in
writing stating-

   (a)  the reasons for the suspension; and

   (b)  the date on which the suspension takes effect; and

   (c)  the action, if any, to be taken by the registered operator in order to
        avoid the suspension or to have the suspension lifted; and

   (d)  that the registration of the vehicle may be cancelled if the action
        referred to in paragraph (c) is not taken by a day specified in the
        notice (which must be at least 14 days after the date of the notice);
        and

   (e)  the rights of the registered operator under Division 9 to an internal
        and external review.

(3) While the registration of a vehicle is suspended, the vehicle is
unregistered for the purposes of Part 2 of the Act.

(4) Despite subregulation (3) it is not an offence against these Regulations
to leave a vehicle whose registration has been suspended standing on a
highway.

(5) Suspension under this regulation does not alter the expiry date for the
registration.