Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Part 6 Written-off vehicles register
20 Definitions for pt 6
In this part:
"approved corresponding WOVR" means a register approved under regulation 31 (1).
"dealer"—see the Sale of Motor Vehicles Act 1977 , section 6A.
"designated person", for a notifiable vehicle—see regulation 23 (1).
"insurer" means a person who carries on the business of insuring vehicles.
"motor wrecker" means a person who carries on the business of—
(a) demolishing or dismantling vehicles or parts of, or accessories for, vehicles; or
(b) buying vehicles (including substantially demolished or dismantled vehicles) and selling substantially demolished or dismantled vehicles, whether or not the person also sells parts of, or accessories for, vehicles.
"notifiable vehicle"—see regulation 21.
"relevant identification information", for a vehicle, means the following information:
(a) the registration number (if any) of the vehicle;
(b) the vehicle identifier for the vehicle;
(c) the make, model and body type of the vehicle;
(d) whether the vehicle is—
(i) a motor vehicle (other than a motorbike) with a GVM of 4.5t or less; or
(ii) a motorbike; or
(iii) a trailer with a GVM of 4.5t or less.
Note A trailer includes a vehicle built to be towed by a motor vehicle and includes a caravan (see the Act, dict, def "trailer").
"repairable write-off" means a vehicle that is a total loss but is not a statutory write-off.
"statutory write-off"—see regulation 22.
"statutory write-off notice" means a notice approved under regulation 31 (2).
"total loss"—see the Act, section 83C.
"vehicle identifier"—see the Act, section 83B.
"written-off" vehicle—see the Act, section 83B.
"written-off vehicles register"—see the Act, section 83B.
21 What is a notifiable vehicle
For this part, a vehicle is a notifiable vehicle if—
(a) the vehicle is written off; and
Note For when a vehicle is written off, see reg 23 (1).
(b) the vehicle was manufactured less than 15 years before the date the vehicle was written off; and
(c) the vehicle is—
(i) a motor vehicle (other than a motorbike) with a GVM of 4.5t or less; or
(ii) a motorbike; or
(iii) a trailer with a GVM of 4.5t or less.
Note A trailer includes a vehicle built to be towed by a motor vehicle and includes a caravan (see the Act, dict, def trailer ).
22 When vehicle is a statutory write-off
A vehicle is a statutory write-off if the vehicle is a total loss and—
(a) for a motor vehicle (other than a motorbike)—at least 3 of the following impact damage indicators apply to the vehicle:
(i) the vehicle has damage to an area of the roof of at least 300mm by 300mm;
(ii) the vehicle has damage to an area of the cabin floor pan of at least 300mm by 300mm;
(iii) the vehicle has damage to an area of the firewall of at least 300mm by 300mm;
(iv) the vehicle has damaged suspension;
(v) a major mechanical component of the vehicle (for example, the engine block or transmission casings) is cracked or broken; or
(b) for a motorbike or trailer—the vehicle has impact damage (excluding scratching) to the suspension and at least 2 areas of structural frame damage; or
(c) for a motor vehicle (other than a motorbike)—the vehicle 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) for a motorbike—the vehicle 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) the vehicle has been burnt to such an extent that it is fit only for wrecking or scrap; or
(f) 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 motor vehicle, its engine, wheels, bonnet, guards, doors and boot lid).
23 Who must give written-off vehicle information to road transport authority
(1) Each of the following entities (a designated person ) must comply with regulation 24 in relation to a notifiable vehicle:
(a) an insurer that assesses the vehicle to be a total loss and writes off the vehicle (anywhere in Australia) in the course of the business carried on by the insurer;
(b) a motor wrecker who begins to demolish or dismantle the vehicle (anywhere in Australia) in the course of the business carried on by the motor wrecker;
(c) a dealer who assesses the vehicle to be a total loss and write off the vehicle (anywhere in Australia) in the course of the business carried on by the dealer;
(d) any other responsible person for the vehicle who assesses the vehicle to be a total loss and writes off the vehicle (anywhere in Australia).
Examples of writing off of vehicles
1 An insurer that allows a claim for a vehicle for its full insured value.
2 An insurer that disposes of a vehicle to a person other than the vehicle's registered operator.
3 A dealer hands over a vehicle to the vehicle's insurer.
4 A person who sells an uninsured vehicle to a motor wrecker.
Note 1 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act 2001 , s 126 and s 132).
Note 2 An entity includes a person, see Legislation Act 2001 , dict, pt 1, def entity .
(2) However, a designated person for a vehicle is not required, or ceases to be required, to comply with regulation 24 in relation to the vehicle if—
(a) another designated person for the vehicle complies with regulation 24 in relation to the vehicle; or
(b) information about the write-off of the vehicle is, in accordance with the law of the jurisdiction—
(i) entered by an authorised designated person in an approved corresponding WOVR for the jurisdiction; or
(ii) given by an authorised designated person to the entity in another jurisdiction that corresponds to the road transport authority for entry in the approved corresponding WOVR for the jurisdiction.
(3) In this regulation:
"authorised designated person" means—
(a) an insurer; or
(b) any other designated person that is authorised in writing by the road transport authority for this definition.
24 Information about notifiable vehicles to be given to the road transport authority
(1) A designated person for a notifiable vehicle must give the road transport authority, in accordance with subregulation (2), the information mentioned in subregulation (3) for the vehicle.
Maximum penalty: 20 penalty units.
Note See reg 23 (2) for when this requirement does not apply.
(2) The information for the vehicle must be given to the road transport authority in accordance with any requirements approved by the authority under subregulation (4) and—
(a) if the designated person is a motor wrecker—before the motor wrecker disposes of the part or parts of the vehicle on which the vehicle identifier is located but, in any event, within 7 days after the day the motor wrecker begins to demolish or dismantle the vehicle (or any later period approved by the authority); and
(b) in any other case—before the designated person disposes of the vehicle but, in any event, within 7 days after the day the person makes the decision to write-off the vehicle (or any later period approved by the authority).
(3) For subregulation (1), the designated person must give the following information to the road transport authority:
(a) the relevant identification information for the vehicle;
(b) the date the vehicle was written-off;
(c) if the person is an insurer or dealer—whether the vehicle is a repairable write-off or a statutory write-off;
(d) the event that resulted in the vehicle being a write-off;
(e) the location and severity of the damage to the vehicle;
(f) the person's name and postal address, telephone and fax numbers and email address (unless the information is given electronically to the authority by the person);
(g) if a person is providing the information on behalf of the designated person—the name and address of the person.
(4) The road transport authority may approve, in writing, requirements for the giving of information to the authority under subregulation (2).
Examples of requirements that may be approved
Codes and terms for describing whether a vehicle is a repairable or statutory write-off and the location and severity of damage to the vehicle.
Note If a form is approved under the Act, s 225 (Approved forms) for the giving of the information to the authority, the form must be used.
(5) An approval under subregulation (4) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
25 Defence for failing to report write-offs
In a prosecution for an offence against regulation 24 (1), it is a defence if the defendant proves that the defendant believed, on reasonable grounds, that—
(a) the vehicle was not a notifiable vehicle; or
(b) the defendant was not required to give the information to the authority.
26 Statutory write-offs—duty to attach notice
(1) This regulation applies to a designated person for a notifiable vehicle that is a statutory write-off.
(2) The person must, within the compliance period for the person, attach a complying statutory write-off notice to the vehicle if the vehicle does not already have a complying statutory write-off notice.
Maximum penalty: 20 penalty units.
(3) In this regulation:
"compliance period" means—
(a) for a motor wrecker—before the motor wrecker disposes of the part or parts of the vehicle on which the vehicle identifier is located but, in any event, within 7 days after the day the motor wrecker begins to demolish or dismantle the vehicle; or
(b) in any other case—before the designated person disposes of the vehicle but, in any event, within 7 days after the day the person makes the decision to write off the vehicle.
"complying statutory write-off notice" means a statutory write-off notice that is—
(a) for a motor vehicle (other than a motor cycle)—attached securely to the vehicle in a conspicuous position as close as practicable to the vehicle identifier for the vehicle; or
(b) for a motorbike—attached securely to the motorbike's frame in a conspicuous position as close as practicable to the vehicle identifier for the motorbike; or
(c) for a trailer—attached securely to the trailer's frame in a conspicuous position and, if the trailer has a vehicle identifier, as close as practicable to the identifier.
27 Unauthorised interference with statutory write-off notices
A person must not, without reasonable excuse, damage, destroy or remove a statutory write-off notice attached to a vehicle.
Maximum penalty: 20 penalty units.
28 Written-off vehicles—duty to deface vehicle identifier
(1) A designated person for a notifiable vehicle that is a statutory write-off must, within the compliance period for the person, deface the vehicle identifier in accordance with an approved defacement method if the vehicle's identifier is not already defaced in accordance with an approved method.
Maximum penalty: 20 penalty units.
(2) A motor wrecker who begins to demolish or dismantle a notifiable vehicle (anywhere in Australia) that is a repairable write-off in the course of the business carried on by the motor wrecker must, within the compliance period, deface the vehicle identifier in accordance with an approved defacement method if the vehicle's identifier is not already defaced in accordance with an approved method.
Maximum penalty: 20 penalty units.
(3) In this regulation:
"approved defacement method", for a vehicle identifier, means a method approved under regulation 31 (3).
"compliance period"—see regulation 26 (3).
29 Entry of vehicle information in written-off vehicles register
(1) The road transport authority may enter in the written-off vehicles register information for a notifiable vehicle given to the authority under regulation 24 (Information about notifiable vehicles to be given to the road transport authority).
(2) The road transport authority may, of its own initiative, enter in the register information about a vehicle that the authority reasonably believes is a notifiable vehicle.
(3) The road transport authority may enter in the register information about a vehicle that is recorded as a written-off vehicle in the registrable vehicles register under the Road Transport (Vehicle Registration) Act 1999 .
(4) This subregulation and subregulation (3) expire on 1 December 2003.
30 Statement of whether vehicle is written-off
(1) A person may apply to the road transport authority for a statement whether a vehicle is recorded in the written-off vehicles register or an approved corresponding WOVR as a written-off vehicle.
Note 1 A fee for the application may be determined under the Act, s 96.
Note 2 If a form is approved under the Act, s 225 (Approved forms) for an application, the form must be used.
(2) If the vehicle is recorded in a register mentioned in subregulation (1), the statement must—
(a) state the time and date of issue of the statement; and
(b) state the registers searched and the register in which the vehicle is recorded; and
(c) state the relevant identification information recorded in the register for the vehicle; and
(d) state the date recorded in the register that the vehicle was written-off; and
(e) if the vehicle is recorded as a repairable write-off or a statutory write-off—state whether the vehicle is recorded as a repairable write-off or a statutory write-off; and
(e) include information to the following effect:
(i) the register might not include a record of each time the vehicle has been written-off;
(ii) the road transport authority may refuse to register (or to renew the registration of) a vehicle that is recorded as a repairable write-off;
(iii) the road transport authority cannot register (or renew the registration of) a vehicle that is recorded as a statutory write-off.
(3) If the vehicle is not recorded in a register mentioned in subregulation (1), the statement must—
(a) state the time and date of issue of the statement; and
(b) state the registers searched; and
(c) state that the vehicle identifier mentioned in the statement is not recorded in the registers searched; and
(d) include information to the effect that the vehicle may have been written-off despite it not being recorded.
(4) Subregulations (2) and (3) do not limit the matters the road transport authority may include in a statement under this regulation.
31 Approvals for pt 6
(1) For this part, the Minister may, in writing, approve a register of written-off vehicles kept under the law of another jurisdiction (an approved corresponding WOVR ) as a register that corresponds to the written-off vehicles register kept under the Act.
(2) The road transport authority may, in writing, approve a notice (a statutory write-off notice ) for attaching to a vehicle that is a statutory write-off.
(3) For regulation 28 (3), definition of approved defacement method , the road transport authority may, in writing, approve a method for defacing vehicle identifiers.
(4) The following are a notifiable instrument:
(a) an approval under subregulation (1);
(b) a notice approved under subregulation (2);
(c) a statement of a method approved under subregulation (3).
Note A notifiable instrument must be notified under the Legislation Act 2001 .