Vehicle and Traffic (Transitional and Consequential) Act 1999 (Tas)

Vehicle and Traffic (Transitional and Consequential) Act 1999

An Act to make transitional provisions, repeals and amendments consequential on the enactment of the Vehicle and Traffic Act 1999 [Royal Assent 15 December 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Vehicle and Traffic (Transitional and Consequential) Act 1999 .

2. Commencement This Act commences on a day or days to be proclaimed.

PART 2 - Transitional Provisions

3. Interpretation (1) In this Part – commencement day means the day on which the provision in which the expression is used commences; former Motor Vehicles Taxation Act provisions means the provisions of the repealed Motor Vehicles Taxation Act 1981 and of the regulations under that Act; former provisions means the former Motor Vehicles Taxation Act provisions and the former Traffic Act provisions or any of those provisions; former Traffic Act provisions means the provisions of the Traffic Act 1925 repealed by this Act and of the regulations relating to those provisions; new Act means the Vehicle and Traffic Act 1999 . (2) Words and expressions used in this Part that are defined in the new Act have, unless the contrary intention appears, the same meanings as in the new Act.

4. Continuation of registration (1) If a vehicle was registered under the former Traffic Act provisions immediately before the commencement day, the registration continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed, as if the vehicle had been registered under the new Act. (2) Any conditions or restrictions of the registration remain in force, subject to the new Act, as if they were conditions imposed under the new Act. (3) The registered owner of a vehicle registered under the former Traffic Act provisions immediately before the commencement day is to be regarded as the registered operator as from the commencement day and continues, subject to this section and the new Act, to be the registered operator of the vehicle (even though the registered owner might not be eligible to be nominated as the registered operator under the new Act). (4) If 2 natural persons become the registered operators of a vehicle under subsection (3) – (a) they may, at any time before a nomination is required under subsection (5) , lodge a notice of nomination, in a form approved by the Registrar, nominating one of them to be the registered operator; and (b) the person so nominated continues, subject to the new Act, as the sole registered operator of the vehicle. (5) A person who is eligible to be the registered operator of the vehicle is to be nominated as the registered operator of the vehicle – (a) in the first application for renewal of registration after the commencement day or in a notice of nomination, in a form approved by and lodged with the Registrar within 21 days after the date of the application; or (b) if there is an earlier application for transfer of the registration – in that earlier application. (6) The following provisions apply if a nomination is not made in accordance with subsection (5) : (a) in the case of an application for transfer of registration made before the registration first falls due for renewal after the commencement day – the transfer is not to be registered until a person who is eligible to be the registered operator is nominated as the registered operator; (b) in the case of an application for renewal of the registration of a heavy vehicle, the registration is, subject to the new Act, to be renewed as from the end of the previous registration period but in that case – (i) if one natural person is recorded in the register as the registered operator (formerly the registered owner) of the vehicle – that person will continue, subject to the new Act, as the registered operator of the vehicle; and (ii) if 2 natural persons are recorded in the register as the registered operator (formerly registered owner) of the vehicle – the Registrar is to select one who is eligible to be the registered operator as the registered operator and that person will continue, subject to subsection (8) and the new Act, as the sole registered operator of the vehicle; and (iii) if a body corporate, a government department or State authority is recorded in the register as the registered operator (formerly registered owner) of the vehicle – it will continue, subject to the new Act, as the registered operator of the vehicle; and (iv) if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, but a natural person or a body corporate was immediately before the commencement day recorded in the register as being responsible for the vehicle – the natural person or body corporate will become the registered operator of the vehicle; and (v) if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, and there is no record of a natural person or body corporate that can become the registered operator under subparagraph (iv) – the Registrar is to suspend the registration until a person or body that is eligible to be the registered operator of the vehicle is nominated as such; (c) in the case of an application for renewal of the registration of a light vehicle, the registration is, subject to the new Act, to be renewed as from the end of the previous registration period without change of registered operator, but if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, the following provisions apply: (i) if a natural person or body corporate was immediately before the commencement day recorded in the register as being responsible for the vehicle – the natural person or body corporate will become the registered operator of the vehicle; (ii) if there is no record of a natural person or body corporate that can become the registered operator under subparagraph (i) – the Registrar is to suspend the registration until a person or body that is eligible to be the registered operator of the vehicle is nominated as such. (7) Despite subsection (6) , if the registered operator (formerly registered owner) of a vehicle is – (a) an unincorporated club, trust or association; or (b) recorded in the register under a business name – the Registrar may select a person recorded in the register as being responsible for the vehicle or any other person associated with the unincorporated club, trust or association or the business whom the Registrar considers appropriate as the registered operator of the vehicle. (8) In any case in which the Registrar is empowered to select a person to be the registered operator of a vehicle, the persons recorded in the register as the registered operator (formerly registered owner) of the vehicle may, before or within 3 months after a selection is made, nominate one of them as the registered operator and, in that event, the person nominated will, if eligible to be the registered operator of the vehicle, become and continue, subject to the new Act, as the registered operator (to the exclusion, if a selection has already been made, of the person selected by the Registrar). (9) If none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of a vehicle is eligible to be the registered operator of the vehicle and a natural person or body corporate who is recorded in the register as being responsible for the vehicle becomes the registered operator under subsection (6)(b)(iv) or subsection (6)(c)(i) , the former registered owner may, within 3 months after that person becomes the registered operator, nominate a person to be the registered operator of the vehicle and, in that event, the person nominated will, if eligible to be the registered operator of the vehicle, become and continue, subject to the new Act, as the registered operator (to the exclusion of the person who became the registered operator under subsection (6)(b)(iv) or subsection (6)(c)(i) ). (10) A natural person who is the registered owner of a heavy vehicle under the former Traffic Act provisions on the commencement day is eligible to be the registered operator of that vehicle even though he or she has not attained the age of 18 years. (11) If the registration of a vehicle expired 3 months or less before the commencement day, the registration may, if an application for renewal of the registration is made no later than 3 months after the date of expiry, be renewed under the new Act. (12) If, as at the commencement day, a vehicle formerly registered under the Traffic Act provisions was unregistered, the former registered owner of the vehicle will be regarded as its registered operator until registration of the vehicle is next granted or renewed or the former registered owner gives the Registrar notice, in a form approved by the Registrar, that he or she has ceased to be responsible for the vehicle (whichever happens first) but, in the case of an unregistered heavy vehicle with 2 former registered owners, the Registrar may select one of them to be regarded as the registered operator and, in that event, the person selected will be regarded as the registered operator during the relevant period. (13) If a vehicle was registered under the former Traffic Act provisions, an address in Tasmania is to be nominated as the vehicle's garage address – (a) in the first application for renewal of registration after the commencement day or in a notice of nomination, in a form approved by and lodged with the Registrar within 21 days after the date of the application; or (b) if there is an earlier application for transfer of the registration – in that earlier application. (14) If a nomination is not made as required by subsection (13) – (a) in the case of an application for transfer of the registration made before the registration first falls due for renewal after the commencement day – the transfer is not to be registered until a garage address is nominated; or (b) in the case of an application for renewal of registration, the registration is, subject to the new Act, to be renewed but in that case – (i) if the registered operator has a residential address in Tasmania – the Registrar may select the address as the vehicle's garage address; or (ii) if not – the Registrar is to suspend the registration until an address in Tasmania is nominated as the vehicle's garage address. (15) If a motor vehicle or a trailer was required to be registered under the former Traffic Act provisions but is not required to be registered under the new Act – (a) the registration is cancelled on the commencement day; and (b) the registered operator is entitled to a refund of part of the prescribed fees paid under the former Traffic Act provisions when the vehicle was last registered or its registration was last renewed, determined on a basis approved by the Registrar. (16) If a motor vehicle or a trailer was not required to be registered under the former Traffic Act provisions but is required to be registered under the new Act – (a) the vehicle is exempt from registration under the new Act for 6 months after the commencement day; and (b) during that period, the former Traffic Act provisions that were applicable to the vehicle continue to apply in relation to the vehicle. (17) If a vehicle registered in another State or a Territory or in a foreign country was, immediately before the commencement day, exempt from registration under the former Traffic Act provisions because of its registration in that other State, Territory or country, the exemption continues in force, subject to the relevant former Traffic Act provisions, as an exemption from the requirement to be registered under the new Act until it expires or is terminated under the former Traffic Act provisions.