18 Prohibition on using unregistered registrable vehicles
(cf Cth Act s 20, Traffic Act s 6A)
(1) A person must not use an unregistered registrable vehicle on a road or on a road related area.Maximum penalty: 20 penalty units.
(2) Subsection (1) does not apply to the use of a registrable vehicle on a road or road related area if:(a) the vehicle belongs to a class of vehicle prescribed by a regulation referred to in section 16 as a vehicle to which this Act does not apply, or(b) the use is otherwise permitted by this Act or under the regulations.(3) Subsection (1) does not apply to a registrable vehicle that was left standing on a road or road related area:(a) within the period of 15 days after the date on which that vehicle ceased to be registered or to be exempted from being registered, or(b) with the consent of the responsible person for the road or area.(3A) If the Authority cancels the registration of a vehicle under section 16C, subsection (1) does not apply in relation to the vehicle until the day on which the registered operator of the vehicle is given notice by the Authority of the cancellation.(4) In this section:registrable vehicle includes:
(a) an incomplete or partially constructed vehicle, and(b) the remains of a vehicle.responsible person, in relation to a road or road related area on which a vehicle was left standing, means:
(a) if the care, control and management of the road or area was then vested in a person other than the owner of the road or area—the person in whom the care, control and management of the road or area was vested, or(b) in any other case—the owner of the road or area.
19 Obtaining registration or unregistered vehicle permits by false statements
(cf Cth Act s 21)
(1) A person must not:(a) by a false statement or any misrepresentation or other dishonest means, attempt to register a registrable vehicle, or renew the registration of a registrable vehicle, under this Act, or(b) without lawful authority or excuse possess a device, plate or document obtained using those means.Maximum penalty: 20 penalty units.
(2) A person must not:(a) by a false statement or any misrepresentation or other dishonest means, attempt to obtain an unregistered vehicle permit for a registrable vehicle, or renew the permit, under this Act, or(b) without lawful authority or excuse possess a device, plate or document obtained using those means.Maximum penalty: 20 penalty units.
(3) A device, plate or document so obtained is void, and the Authority may alter the Register accordingly.
20 Using registrable vehicles contrary to conditions or prohibitions
(cf Cth Act s 22)
A person must not use a registrable vehicle contrary to conditions or a prohibition imposed under section 26.Maximum penalty: 20 penalty units.
21 Obligations of registered operators
(cf Cth Act s 23)
(1) This Act and the regulations do not affect the obligations of a registered operator of a registrable vehicle to comply with any applicable provisions of the Motor Accidents Act 1988, the Stamp Duties Act 1920 and the Duties Act 1997.(2) A registered operator of a registrable vehicle must, in accordance with the regulations:(a) ensure that any devices, plates and documents issued by the Authority are installed or displayed on the vehicle, and(b) while operating the vehicle, carry or cause the driver to carry, documents prescribed by the regulations, and(c) when required to do so by the Authority, produce documents prescribed by the regulations, and(d) comply with any directions given by, and conditions imposed by, the Authority about the registration of the vehicle, and(e) keep records required to be kept by the regulations about the registration of the vehicle.
21A Offences relating to identification numbers of engines and other parts of motor vehicles or trailers
A person must not:(a) if the person is not the manufacturer—stamp or affix or cause or permit any person to stamp or affix any identification number on or to the engine, engine block or any other part prescribed by the regulations of a motor vehicle or trailer without the written authority of the Authority and except as prescribed by the regulations, or(b) except as required or permitted by or under this Act—alter, deface, remove or obliterate any identification number stamped on or otherwise affixed to the engine, engine block or any other part prescribed by the regulations of a motor vehicle or trailer, or(c) without lawful authority or excuse, have in the person’s possession any engine, engine block or other prescribed part of a motor vehicle or trailer knowing that the identification number stamped on or otherwise affixed to it has been altered, defaced, removed or obliterated otherwise than as required or permitted by or under this Act.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
22 Affixing of interstate number-plates on registrable vehicles in New South Wales
(1) In this section:interstate number-plate means a number-plate issued under any law in force in a State or Territory other than New South Wales.
licensed motor dealer means the holder of a dealer’s licence within the meaning of the Motor Dealers Act 1974.
(2) A licensed motor dealer must not, without the approval of the Authority, cause, permit or allow an interstate number-plate to be affixed to a registrable vehicle in New South Wales.Maximum penalty: 100 penalty units.
(3) A licensed motor dealer is not guilty of an offence under subsection (2) if the dealer satisfies the court that:(a) the dealer had a reasonable excuse for contravening that subsection, and(b) the contravention was not intended to avoid the requirements relating to the registration of registrable vehicles under this Act.(4) If a licensed motor dealer causes, permits or allows an interstate number-plate to be affixed to a registrable vehicle in New South Wales, the dealer must:(a) cause a record to be made in accordance with subsection (5), and(b) keep the record for a period of at least 5 years, and(c) produce the record to the Authority or a police officer if requested to do so.Maximum penalty: 100 penalty units.
(5) A record under subsection (4) must:(a) identify the interstate number-plate and the registrable vehicle to which it was affixed, and(b) identify the date on which, and the place where, the interstate number-plate was affixed, and(c) be in the form approved by the Authority.
22A Operating interstate registered vehicles in New South Wales
(1) In this section and in section 22B:interstate registered vehicle means a registrable vehicle that is not registered under this Act but is registered under any law in force in a State or Territory other than New South Wales.
(2) A corporation must not cause, permit or allow an interstate registered vehicle owned by the corporation to be used on a road or road related area in New South Wales.Maximum penalty: 100 penalty units.
(3) A corporation is not guilty of an offence under subsection (2) if the corporation satisfies the court:(a) that the interstate registered vehicle had, at the date of the offence, been owned by the corporation for less than 90 days, or(b) that, during the period of 90 days immediately before the date of the offence, the interstate registered vehicle was outside New South Wales for a continuous period of at least 48 hours, or(c) if the corporation:(i) conducts a business that includes the leasing or hiring out of registrable vehicles, and(ii) is unable to satisfy the court that paragraph (b) applies in relation to the interstate registered vehicle,that the vehicle was leased or hired out to the same person for the whole of the period of 90 days immediately before the date of the offence.(4) A reference in this section to an interstate registered vehicle owned by a corporation includes a reference to an interstate registered vehicle that is under the control or management of the corporation.
22B Direction to provide documents relating to use of interstate registered vehicles
(1) If the Authority or a police officer is of the opinion that an interstate registered vehicle is being used for any business or commercial purposes in New South Wales, the Authority or officer may, for the purposes of ascertaining whether section 22A (2) has or is being contravened, direct a person to provide the Authority or officer with such documents relating to the use of the vehicle as are in the control or possession of the person.(2) A person must not fail to comply with a direction under subsection (1).Maximum penalty: 100 penalty units in the case of a corporation or 20 penalty units in any other case.
(3) A direction under subsection (1):(a) must be in writing, and(b) must specify the time and manner for complying with the direction, and(c) may relate to a particular class of documents that are in the control or possession of the person to whom the direction is given.
22C Photographic evidence of unauthorised vehicle use
(1) This section applies to proceedings for any of the following offences (an unauthorised vehicle use offence):(a) an offence against section 18 (Prohibition on using unregistered registrable vehicles),(b) an offence against section 8 (Offence of using uninsured motor vehicle on road) of the Motor Accidents Compensation Act 1999,(c) an offence against the regulations involving a prohibited use of a registrable vehicle that is prescribed by the regulations for the purposes of this section.(2) A photograph of a vehicle taken by an approved camera device that is evidence under the evidence use provisions for the device of an offence to which those provisions ordinarily apply may also be tendered in evidence under this section in proceedings for an unauthorised vehicle use offence involving the vehicle.Note. For example, a photograph taken by an approved camera detection device that is evidence of a traffic light offence under section 57 of the Road Transport (Safety and Traffic Management) Act 1999 may also be tendered in evidence in proceedings for an unauthorised vehicle use offence involving the same vehicle.(3) For this purpose, the evidence use provisions for the approved camera device are taken to apply in relation to the tendering, admission and use in evidence of such a photograph as if the provisions extended to proceedings for an unauthorised vehicle use offence as well as to proceedings for an offence to which the provisions ordinarily apply.Note. Evidence use provisions for approved camera devices usually make provision for the admission of photographs taken by such devices in specified kinds of proceedings and for the use of evidence derived from such photographs. These provisions also usually require the provision of certificate evidence concerning the inspection or testing of the devices.(4) Nothing in this section prevents a photograph taken by an approved camera device being tendered and used in evidence both in proceedings for an unauthorised vehicle use offence and proceedings for an offence to which the evidence use provisions for the device ordinarily apply.(5) In this section:approved average speed detection device, approved camera detection device, approved camera recording device and approved traffic lane camera device have the same meanings as in the Road Transport (Safety and Traffic Management) Act 1999.
approved camera device means any of the following:
(a) an approved average speed detection device,(b) an approved camera detection device,(c) an approved camera recording device,(d) an approved traffic lane camera device,(e) an approved toll camera.approved toll camera has the same meaning as in section 250A of the Roads Act 1993.
evidence use provisions for an approved camera device means:
(a) if the device is an approved average speed detection device—the provisions of section 47B of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(b) if the device is an approved camera detection device—the provisions of section 57 of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(c) if the device is an approved camera recording device—the provisions of section 47 of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(d) if the device is an approved traffic lane camera device—the provisions of section 57B of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or(e) if the device is an approved toll camera—the provisions of section 250A of the Roads Act 1993.