Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (GENERAL) AMENDMENT REGULATION 2013 (NO 1) (NO 23 OF 2013) - REG 4

substitute

22     When vehicle is a statutory write-off

    (1)     A vehicle is a statutory write-off if the vehicle is a total loss and—

        (a)     for a motor vehicle (other than a motorbike)—meets the assessment criteria as a statutory write-off set out in the technical guide; or

        (b)     for a motorbike or trailer—

              (i)     the vehicle has impact damage (excluding scratching) to the suspension and at least 2 areas of structural frame damage; or

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

              (iii)     the vehicle has been stripped of all, or a combination of most, interior and exterior body parts, panels and components (including, for example, for a motorbike, its engine, gearbox, wheels and guards); or

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

        (c)     for a motorbike—

              (i)     the vehicle has been fully immersed in salt water for any period; or

              (ii)     the vehicle has been fully immersed in fresh water for more than 48 hours.

    (2)     In this section:

"technical guide" means the Damage Assessment Criteria for the Classification of Statutory Write-Offs published by Austroads Ltd (ABN 16 245 787 323), as in force from time to time.

    (3)     The Legislation Act

, section 47 (6) does not apply to the technical guide.

Note     The technical guide does not need to be notified under the Legislation Act

because s 47 (6) does not apply (see Legislation Act

, s 47 (7)). The technical guide is accessible at www.austroads.com.au

.