Victorian Consolidated Regulations

-- - SECT 5

Definitions

5. Definitions

In these Regulations- 3 axle dog trailer combination means a 3 or 4 axle motor
vehicle combined with a 3 axle dog trailer; 4 axle dog trailer combination
means a 3 axle motor vehicle combined with a 4 axle dog trailer;
administrative fee means a fee charged by the Corporation under section 97A of
the Act; ADR means Australian Design Rule; agricultural combination means a
combination that includes at least one agricultural vehicle; agricultural
implement means-

   (a)  a vehicle without its own motive power, not designed to carry a load
        and used exclusively to perform agricultural tasks; or

   (b)  an agricultural trailer; agricultural machine means a vehicle with its
        own motive power, built to perform agricultural tasks; agricultural
        task includes cultivation of land, growing and harvesting of crops and
        rearing of livestock; agricultural trailer means a trailer designed to
        carry a load and used exclusively to perform agricultural tasks, but
        does not include a semi-trailer or a trailer to which regulation 12(g)
        applies; agricultural vehicle means an agricultural implement or
        agricultural machine; agricultural vehicle area of operation means an
        area declared under regulation 6(a) as an agricultural vehicle area of
        operation;

* * * * *



approved air suspension system, in relation to a vehicle, means a suspension
system where-

   (a)  vertical movement between each axle and the body of the vehicle is
        controlled by variations in the pressure of air in an air spring; and

   (b)  the proportion of the vehicle's mass that is borne by the air spring
        remains substantially constant despite variations in the pressure of
        air in the air spring; and

   (c)  in the case of an axle group, is a load sharing suspension system;
        approved form means a form approved by the Corporation under these
        Regulations; articulated bus means a bus with at least 2 rigid
        sections that are connected to each other in a way that allows-

   (a)  passengers access between the sections; and

   (b)  rotary movement between the sections; association means an association
        incorporated under the Associations Incorporation Act 1981; ATM means
        aggregate trailer mass; Australian court means any court or Tribunal
        of a State or Territory of Australia; authorised officer means a
        person authorised under regulation 7; axle group means a single axle
        group, tandem axle group, twinsteer axle group, tri-axle group,
        quad-axle group or oversize tri-axle group; B-double means a
        combination consisting of a prime mover towing 2 semi-trailers;
        bicycle carrier means a device that can be attached to the rear of a
        motor vehicle to enable one or more bicycles to be carried by the
        vehicle, but does not include a trailer; bus means a motor vehicle
        built mainly to carry people and that seats over 9 adults (including
        the driver); centre line, in relation to an axle, means-

   (a)  in the case of an axle consisting of one shaft, a line parallel to the
        length of the axle and passing through its centre; and

   (b)  in the case of an axle consisting of 2 shafts, a line that is in the
        vertical plane passing through the centre of both shafts and that
        passes through the centres of the wheels on the shafts; centre of an
        axle group means-

   (a)  a line located midway between the centre lines of the outermost axles
        of the group; or

   (b)  if the group consists of 2 axles, one of which is fitted with twice
        the number of tyres as the other axle-a line located one third of the
        way from the centre line of the axle with more tyres towards the
        centre line of the axle with fewer tyres;

Figure 1: Illustration showing the centre of a typical quad-axle group fitted
with an equal number of tyres on each axle.

Figure 2: Illustration showing the centre of a typical tandem axle group
fitted with an unequal number of tyres on each axle. certificate of approved
operations means a certificate issued in respect of a vehicle in accordance
with regulation 21; certificate of inspection means a certificate issued by
the Corporation that-

   (a)  specifies the components of the vehicle requiring inspection; and

   (b)  states that the components are not defective; certificate of
        roadworthiness means a certificate issued under Part 6.4 of Chapter 6
        by a licensed tester; charitable body means an association or another
        corporation, the principal purpose of which is to provide assistance
        to the community or animals for reasons other than profit; class 1
        notice means a notice published by the Corporation under regulation
        178; class 2 notice means a notice published by the Corporation under
        regulation 188; class 3 notice means a notice published by the
        Corporation under regulation 194; class 1 permit means a permit issued
        by the Corporation under regulation 180; class 2 permit means a permit
        issued by the Corporation under regulation 190; class 3 permit means a
        permit issued by the Corporation under regulation 196; class 1 vehicle
        has the meaning given in regulation 177; class 2 vehicle has the
        meaning given in regulation 187; class 3 vehicle has the meaning given
        in regulation 193; combination means a group of vehicles consisting of
        a motor vehicle connected to one or more other vehicles; compliance
        plate has the same meaning as in Schedule 4; compliant system of
        electronic stability control means a system of electronic stability
        control that-

   (a)  complies with the United Nations electronic stability control
        standard; or

   (b)  has been determined to be acceptably equivalent to that standard by
        the Corporation under regulation 33; complying bus means a bus that-

   (a)  has two or three axles and a single steer axle; and

   (b)  is fitted with a compliance plate in accordance with the
        Motor Vehicle Standards Act 1989 of the Commonwealth indicating that
        the bus was manufactured after June 1994; and

   (c)  meets the emergency exit specifications set out in ADR 44; and

   (d)  meets the rollover strength specifications set out in ADR 59; and

   (e)  meets the occupant protection specifications set out in ADR 68; and

   (f)  is equipped with an approved air suspension system; container vehicle
        means a 3 axle prime mover and tri-axle semi-trailer combination
        carrying one or more containers when-

   (a)  operating on a container vehicle route; or

   (b)  operating solely within a container vehicle area of operation;
        container vehicle area of operation means an area declared under
        regulation 6(b) as a container vehicle area of operation; container
        vehicle route means a route over highways declared under regulation
        6(d) as a container vehicle route; controlled access bus means a bus,
        other than an articulated bus, whose length is more than 12·5 metres
        but not more than 14·5 metres;

converter dolly means a trailer with one axle group or single axle and a fifth
wheel coupling, designed to convert a semi-trailer into a dog trailer;
corresponding registration authority means a person or body appointed under
the law of another State or a Territory that has responsibility for the
registration of vehicles in that State or Territory; current certificate of
roadworthiness means a certificate of roadworthiness issued not more than 30
days previously; daytime means the period beginning at sunrise and ending at
sunset; dealer means a licensed motor car trader within the meaning of the
Motor Car Traders Act 1986; dog trailer means a trailer, including a trailer
consisting of a semi-trailer and converter dolly, with-

   (a)  one axle group or single axle at the front that is steered by
        connection to the towing vehicle by a drawbar; and

   (b)  one axle group or single axle at the rear;



domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  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-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation); drawbar means a part of a trailer, other than a
        semi-trailer, that connects the trailer body to a coupling for towing
        purposes; electric powered passenger car means a vehicle that is a
        passenger car (MA) equipped to run solely on electricity and that is
        not a vehicle referred to in item 7 of the Table to Schedule 3;

eligible beneficiary means a person who is an eligible beneficiary within the
meaning of the State Concessions Act 2004; eligible pensioner means a person
who is an eligible pensioner within the meaning of the
State Concessions Act 2004; eligible vehicle (except in Part 3.4 of Chapter 3)
means a vehicle that is eligible for registration in accordance with
regulation 14;

escort vehicle means a motor vehicle that is being used for the purpose of-

   (a)  transporting an authorised officer, a member of the police force or
        another person authorised to direct traffic; and

   (b)  warning other highway users of the presence of a class 1 vehicle;

fifth wheel coupling means a device, other than an upper rotating element and
a kingpin, used with a prime mover, semi-trailer or converter dolly to-

   (a)  permit quick coupling and uncoupling; and

   (b)  provide for articulation; forward-control passenger vehicle (MB) has
        the same meaning as in the relevant design rules; full volume has the
        same meaning as in regulation 3 of the Motor Vehicle Standards
        Regulations 1989 of the Commonwealth; GCM (gross combination mass) has
        the same meaning as in section 3(1) of the Road Safety Act 1986;

ground clearance, in relation to a vehicle, means the minimum distance to the
ground, measured with the vehicle fully laden, from a point on the underside
of the vehicle, except a point on a tyre, wheel, wheel hub, brake backing
plate or flexible mudguard or mudflap of the vehicle; ground contact width-

   (a)  in relation to an axle, means the distance between the outermost point
        of ground contact of the outside tyres on each end of the axle; and

   (b)  in relation to an axle group, means the greatest ground contact width
        of all the axles in the group;

Figure 3: Illustration of ground contact width of an axle. GTM (gross trailer
mass) means the mass transmitted to the ground by the axles of a trailer when
the trailer is loaded to its GVM and connected to the vehicle towing it; GTMR
means gross trailer mass rating; GVM has the same meaning as in section 3(1)
of the Road Safety Act 1986; hauling unit means a motor vehicle that may form
part of a combination; hazardous area means an area in respect of which a
declaration under regulation 262 is in force; heavy trailer means a trailer or
semi-trailer with an MRC of more than 4×5 tonnes; high-beam, in relation to a
headlight fitted to a vehicle, means the light is built or adjusted so that,
when the vehicle is standing on level ground, the top of the main beam of
light projected is above the low-beam position; hybrid vehicle means a vehicle
equipped to run on electricity and another fuel or other fuels; identification
plate has the same meaning as in the Motor Vehicle Standards Act 1989 of the
Commonwealth; illegally imported, in relation to a motor vehicle or vehicle
part, means a motor vehicle or vehicle part that-

   (a)  must not be imported into Australia unless it has an approval under
        the Motor Vehicle Standards Act 1989 of the Commonwealth; and

   (b)  has been imported without that approval or in contravention of a
        condition of that approval; indivisible item means an item that cannot
        be divided without extreme effort, expense or risk of damage to it;
        jinker means an axle or axle group that-

   (a)  is built to support part of a load; and

   (b)  is connected to the vehicle in front of it by the load or a pole or
        cable; km/h means kilometres per hour; large indivisible item means an
        indivisible item that cannot be carried on any vehicle without the
        vehicle exceeding a mass or dimension limit relevant to the vehicle
        under Part 5.1 of Chapter 5; light motor vehicle means a motor vehicle
        with an MRC not exceeding 4×5 tonnes; light vehicle means a motor
        vehicle or trailer with an MRC not exceeding 4×5 tonnes but does not
        include a motor cycle; load, in relation to a vehicle, includes
        anything that is removed from the vehicle when not in use;
        load-carrying vehicle means a vehicle that is carrying, or is built to
        carry, a load; load-sharing suspension system means an axle group
        suspension system that-

   (a)  is built to divide the load between the tyres on the group so that no
        tyre carries a mass more than 10% greater than the mass it would carry
        if the load were divided equally; and

   (b)  has effective damping characteristics on all axles of the group;
        low-beam, in relation to a headlight or front fog light fitted to a
        vehicle, means the headlight or front fog light is built or adjusted
        so that, when the vehicle is standing on level ground, the top of the
        main beam of light projected is-

   (a)  not higher than the centre of the headlight or fog light, when
        measured at a point 8×0 metres in front of the vehicle; and

   (b)  not more than 1×0 metre higher than the level on which the motor
        vehicle is standing, when measured at a point 25×0 metres in front of
        the vehicle;

Figure 4: Illustration of a low-beam headlight. low floor bus means a bus that
has-

   (a)  at least one stairless entry point; and

   (b)  only two axles;

low loader means a semi-trailer-

   (a)  with a loading deck no more than 1×0 metre above the ground; or

   (b)  if there is more than one loading deck, the longest loading deck is no
        more than 1×0 metre above the ground; low loader dolly means a
        mass-distributing trailer that-

   (a)  is usually coupled between a prime mover and a low loader;

   (b)  consists of a rigid frame;

   (c)  does not directly carry any load on itself; and

   (d)  is equipped with one or more axles, a kingpin and a fifth wheel
        coupling; major road means a highway declared under regulation 6(e) as
        a major road; motor car trader has the same meaning as it has in the
        Motor Car Traders Act 1986; MRC (mass rating for charging) in relation
        to a vehicle, means-

   (a)  the maximum mass of the vehicle, including any load, recorded on the
        compliance plate as the GVM, GTMR or ATM of the vehicle; or

   (b)  in relation to a vehicle for which there is no compliance plate-its
        operating mass; night means the period beginning at sunset and ending
        at sunrise; nominated configuration means the configuration in which a
        heavy vehicle will operate for the registration period, as nominated
        by the registered operator of the vehicle; off-road passenger vehicle
        (MC) has the same meaning as in the relevant design rules; operating
        mass, in relation to a vehicle, means the maximum mass of the vehicle,
        including any load; operations plate means a plate placed on a vehicle
        in accordance with regulation 21; oversize tri-axle group means a
        group of 3 axles in which the horizontal distance between the centre
        lines of each axle is 1×8 metres; passenger car (MA) has the same
        meaning as in the relevant design rules; pig trailer means a trailer-

   (a)  with one axle group or single axle near the middle of its
        load-carrying surface; and

   (b)  that connects to the vehicle towing it by a drawbar; pilot vehicle
        means a vehicle, other than an escort vehicle, being used to warn
        other highway users of the presence of a class 1 vehicle; pole-type
        trailer means a trailer that-

   (a)  is attached to the vehicle towing it by means of a pole or an
        attachment fitted to a pole; and

   (b)  is ordinarily used for transporting loads, such as logs, pipes,
        structural members or other long objects, that are generally capable
        of supporting themselves like beams between supports; primary producer
        means a person-

   (a)  engaged solely or substantially in agricultural, horticultural,
        viticultural, dairying, pastoral or other like activities; or

   (b)  who is the holder of a licence under the Fisheries Act 1995 to take
        fish for sale; primary producer vehicle means a vehicle referred to in
        item 6 of Schedule 3; public auction means an auction that is open to
        the general public; quad-axle group means a group of 4 axles, in which
        the horizontal distance between the centre lines of the outermost
        axles is more than 3×2 metres but not more than 4×9 metres; rear
        overhang means the distance between the rear overhang line and the
        rear of the vehicle;

rear overhang line, in relation to a vehicle, means-

   (a)  if there is a single axle at the rear of the vehicle, the centre line
        of the axle; or

   (b)  if there is an axle group at the rear of the vehicle, the centre of
        the axle group, determined without regard to the presence of any
        steerable axle unless all axles in the group are steerable; recreation
        motor cycle means a motor cycle with 2 wheels that-

   (a)  is generally constructed so that it will not cause, or be likely to
        cause, a danger to its driver or to any person on a highway; and

   (b)  is so constructed that its driver has a sufficient view of traffic to
        its front and rear and to both sides to enable the driver to drive it
        safely; and

   (c)  has a braking system comprising brakes fitted to both wheels of the
        vehicle; and

   (d)  has fixed to it-

   (i)  one headlamp;

   (ii) one rear red lamp;

   (iii) one rear red brake lamp; and

   (e)  if fitted with an internal combustion engine, has securely fixed to
        its engine a silencing device constructed so that-

   (i)  all the exhaust gases from the engine pass through the silencer in a
        manner which prevents undue noise; and

   (ii) there is no attached cut-out or device capable of producing an open
        exhaust; and

   (f)  is not used to carry goods or passengers; registered vehicle means-

   (a)  a vehicle registered under Part 2 of the Act; or

   (b)  a vehicle the registration of which under Part 2 of the Act has
        expired-

   (i)  in the case of a vehicle that was registered for part of a year, in
        the preceding 12 months; or

   (ii) in any other case, in the preceding 3 months; registration fee means
        the fee (if any) for registration or renewal of registration of a
        vehicle as determined under regulation 101 or 102; registration number
        means a combination of one or more letters or numbers (or both)
        determined by the Corporation; registration period means the period
        during which a motor vehicle is registered; relevant design rules
        means Vehicle Standard (Australian Design Rule-Definitions and Vehicle
        Categories) Compilation 3, dated 19 September 2007, published by the
        Commonwealth Department of Transport and Regional Services;



residential address, in relation to a corporation, means its registered office
or any place recorded in the register as its residential address or business
address; retractable axle means an axle that can be raised so that the tyres
on the axle do not touch the ground; road friendly suspension means a
suspension system defined by Vehicle Standards Bulletin No. 11 published by
the Department of Infrastructure, Transport, Regional Development and Local
Government or a suspension system approved by the Corporation under regulation
6(g); Road Rules means the Road Safety Road Rules 2009; road train means a
combination, other than a B-double, consisting of a motor vehicle towing at
least 2 trailers (counting as one trailer a converter dolly supporting a
semi-trailer); safety risk means danger to a person, to property or to the
environment; security interest means an interest in, or a power over, goods
that secures payment of a debt or other pecuniary obligation or the
performance of any other obligation and includes any interest in, or power
over, goods of a lessor, owner or other supplier of goods, but does not
include a possessory lien or pledge; short term unregistered vehicle permit
means a permit granted under Part 3.2 of Chapter 3 of these Regulations for
the purposes of section 7(1) of the Act;

single axle means an axle not forming part of an axle group; single axle group
means a group of 2 or more axles, in which the horizontal distance between the
centre lines of the outermost axles is less than 1×0 metre; special purpose
vehicle means-

   (a)  a vehicle (other than a caravan, a mobile home, a mobile library, a
        mobile workshop, a mobile laboratory, a mobile billboard) where the
        primary purpose for which it was built, or permanently modified, was
        not the carriage of goods or passengers; or

   (b)  any of the following vehicles-

   (i)  a forklift;

   (ii) a straddle carrier;

   (iii) a mobile cherry picker;

   (iv) a mobile crane; special work vehicle means a motor vehicle that-

   (a)  is a light motor vehicle not constructed as a tractor; and

   (b)  is primarily constructed and used for off road transportation; and

   (c)  is undertaking agricultural, maintenance or service tasks; and

   (d)  does not comply with an ADR; specially constructed motor vehicle means
        a vehicle that is-

   (a)  not designed primarily for carrying passengers or goods on a highway;
        and

   (b)  determined by the Corporation to be a specially constructed motor
        vehicle; sporting body means an association or corporation the
        principal purpose of which is to facilitate and co-ordinate the
        sporting activities of its members; spouse, in relation to a person,
        means a person to whom the person is married; standard number plate
        means a number plate that, at the time of issue, is of the design,
        size, colour and material of number plates then generally issued on
        payment of the basic fee prescribed for the issue of number plates;
        standards for registration means the Vehicle Standards set out in
        Schedule 2; tandem axle group means a group of at least 2 axles, in
        which the horizontal distance between the centre lines of the
        outermost axles is at least 1×0 metre, but not more than 2×0 metres;
        the Act means the Road Safety Act 1986; trade plate means a plate
        issued by the Corporation under Division 2 of Part 3.3 of Chapter 3;
        transfer fee means the fee (if any) for transfer of registration of a
        vehicle payable under regulation 103;

transport accident charge means a charge payable under Part 7 of the
Transport Accident Act 1986;

tri-axle group means a group of at least 3 axles, in which the horizontal
distance between the centre lines of the outermost axles is more than 2×0
metres, but not more than 3×2 metres; twinsteer axle group means a group of 2
axles-

   (a)  with single tyres; and

   (b)  fitted to a motor vehicle; and

   (c)  connected to the same steering mechanism; and

   (d)  the horizontal distance between the centre lines of which is at least
        1×0 metre, but not more than 2×0 metres; unladen mass means the mass
        of a vehicle without any load; United Nations electronic stability
        control standard means Global technical regulation No. 8 published by
        the United Nations Economic Commission for Europe and established in
        the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as amended
        by the Corrigendum established in the Global Registry on 12 November
        2008 [ECE/TRANS/180/Add.8/Corr.2]; urban area means an area declared
        under regulation 6(f) as an urban area; used, in relation to a vehicle
        referred to in regulation 25(g), means-

   (a)  previously registered in Victoria or elsewhere; or

   (b)  used in Victoria or elsewhere in circumstances in which it was not
        required to be registered, otherwise than in connection with the
        delivery and sale of the vehicle; vehicle fee code means a combination
        of 2, 3 or 4 letters or numbers or both, chosen and used by the
        Corporation to designate the registration fee for a vehicle; vehicle
        registration authority, in relation to a vehicle, means-

   (a)  the authority that last registered the vehicle; or

   (b)  if the vehicle has not been registered, the authority responsible for
        registering vehicles in the jurisdiction in which the vehicle is used
        or is intended to be used; vehicle standards means the standards for
        registration described in clause 1 of Schedule 2; wheelbase, in
        relation to a vehicle, means the distance from the centre line of the
        vehicle's foremost axle to the rear overhang line; yellow includes
        amber.