Part 5 Number-plates

Division 1 Interpretation

18   Definitions

In this Part:

number includes a letter of the alphabet.

plate holder, in relation to a number-plate, means:

(a)  in the case of a trader’s plate—the trader to whom the trader’s plate has been issued, or

(a1)  in the case of a special number-plate—a special plate holder within the meaning of clause 21, or

(b)  in the case of any other number-plate—each registered operator of the registrable vehicle in respect of which the number-plate has been issued.

vehicle number-plate means a number-plate other than a bicycle-rack number-plate.

19   Application of Part to trader’s plates

This Part (except Division 5) does not apply to trader’s plates.

Note. Part 2 of Chapter 4 provides for the issue and use of trader’s plates.

Division 2 Issue of number-plates

20   Number-plates generally

(1)  If the Authority registers a registrable vehicle it must assign a distinguishing registration number to the vehicle.

(2)  The Authority must, on payment of the applicable scheduled fee for the issue of a vehicle number-plate or number-plates, issue:

(a)  for each motor vehicle registered by the Authority (other than a motor vehicle referred to in paragraph (b) or (c))—2 vehicle number-plates bearing the registration number assigned to that motor vehicle, and

(b)  for each motor bike or trailer registered by the Authority—at least one vehicle number-plate bearing the registration number assigned to that motor bike or trailer, and

(c)  for each other registrable vehicle registered by the Authority—such number of vehicle number-plates as the Authority considers appropriate.

(3)  A vehicle number-plate is to conform to such specifications as the Authority may require and must display:

(a)  the matter “NSW” and such words (if any) as the Authority may determine with the approval of the Minister, or

(b)  the words “New South Wales” and such other words (if any) as the Authority may determine with the approval of the Minister.

21   Special number-plates

(1)  The Authority may enter into an agreement with any person under which that person (referred to as a special plate holder) has an exclusive right to use, subject to the payment of any applicable gazetted fee, a specified combination of numbers on a special number-plate.

Note. A special number-plate is defined in the Dictionary to mean a number-plate with a number that is comprised of:

(a)  one to 6 letters only, or

(b)  one to 6 numbers only, or

(c)  a combination of one or more letters with one or more numbers, being a combination that does not exceed 6 letters and numbers, and:

(i)  that is not routinely issued by the Authority, or

(ii)  that the Authority has determined should be treated as a special number.

(2)  Such an agreement may be expressed to have effect indefinitely or for a definite period.

(3)  The rights exercisable by a special plate holder under such an agreement may not be assigned to any other person except with the approval of the Authority.

(4)  Clause 23 applies to a special number-plate in the same way as it applies to any other number-plate, despite the provisions of any agreement under this clause.

22   Bicycle rack number-plates

(1)  A registered operator of a motor vehicle (other than a motor bike or a motor trike) may apply for a bicycle rack number-plate.

(2)  On receipt of such an application and the payment of any applicable gazetted fee, the Authority may issue, in addition to the vehicle number-plates issued under clause 20, a bicycle rack number-plate having the distinguishing number of the registration of the registrable vehicle on which the number-plate is, by means of the bicycle rack, to be placed.

(3)  A bicycle rack number-plate issued under this clause is to conform to such specifications as the Authority may determine and must display:

(a)  the matter “NSW” and “bike rack” and such other words as the Authority may determine with the approval of the Minister, or

(b)  the words “New South Wales” and “bike rack” and such other words as the Authority may determine with the approval of the Minister.

(4)  For the purposes of this Regulation:

(a)  a bicycle rack number-plate issued under this Regulation is taken to be issued for use on a motor vehicle, and

(b)  a bicycle rack number-plate displayed, in accordance with this Regulation, on a bicycle rack on a motor vehicle is taken to be placed on the motor vehicle concerned, and

(c)  in determining whether a bicycle rack number-plate has the same number as a vehicle number-plate issued under this Regulation, the following are to be disregarded:

(i)  any words and matter displayed on the vehicle number-plate as required by clause 20 (3),

(ii)  the words “NSW–THE PREMIER STATE” (if displayed on the vehicle number-plate),

(iii)  the words and matter displayed on the bicycle rack number-plate as required by subclause (3).

(5)  A bicycle rack number-plate displayed on a motor vehicle must be illuminated, at all times when the vehicle is driven between the hours of sunset and sunrise, with a white light so as to render visible at a distance of 20 metres each number on the plate.

23   Authority may alter distinguishing number of registration

(1)  The Authority may at any time alter the distinguishing number of the registration of a registrable vehicle.

(2)  Without limiting subclause (1), the Authority may alter the distinguishing number of a registrable vehicle if:

(a)  the distinguishing number comprises one to 6 numbers only, and

(b)  a registered operator of the vehicle is a corporation, and

(c)  the Authority is satisfied that a significant change in the ownership or control of the corporation has occurred since that distinguishing number was allocated to that vehicle.

(2A)  Without limiting subclause (1), the Authority may alter the distinguishing number of a registrable vehicle if the Authority considers that:

(a)  there is an error of any kind in the vehicle number-plate issued for the vehicle, or

(b)  there has been an error of any kind in the issuing of a vehicle number-plate for the vehicle.

(3)  On or before altering the distinguishing number of the registration of a registrable vehicle under this clause, the Authority must give written notice to each registered operator of the vehicle requiring the registered operator to return to the Authority, within such period as is specified in the notice, any vehicle number-plate issued under this Regulation in respect of the vehicle.

(4)  A registered operator of a registrable vehicle must comply with any notice given to the registered operator under subclause (3).

Maximum penalty (subclause (4)): 20 penalty units.

(5)  On receipt of a vehicle number-plate returned in accordance with the requirements of a notice referred to in subclause (3) (and, if a bicycle rack number-plate is also returned, on receipt of that number-plate), the Authority is to issue to a registered operator of the registrable vehicle concerned a replacement number-plate bearing the distinguishing number, as altered, of the registration of the vehicle for each number-plate that is returned.

Division 3 Use of number-plates

24   Display of number-plates

(1)  Unless otherwise approved by the Authority, a registered operator of a registered registrable vehicle must ensure that a vehicle number-plate issued by the Authority for the vehicle is permanently affixed to the vehicle so that (assuming the vehicle to be on level ground):

(a)  the number-plate is at all times:

(i)  in an upright position that is substantially parallel to the vehicle’s axles, and

(ii)  not more than 1.3 metres above ground level, and

(b)  the numbers on the number-plate are clearly visible from a distance of 20 metres at any point within an arc of 45 degrees from the surface of the number-plate above or to either side of the vehicle, as shown in figures 1 and 2 of diagram 1 (in relation to heavy vehicles) and figures 1 and 2 of diagram 2 (in relation to light vehicles), and

(c)  any cover on the number-plate:

(i)  is clear, clean, untinted and flat over its entire surface, and

(ii)  has no reflective or other characteristics that would prevent the successful operation of a device approved for use under a law relating to the detection of traffic offences, and

(d)  in the case of a motor vehicle—one number-plate is affixed to the front of the vehicle and another to its rear, and

(e)  in the case of a motor bike or trailer—at least one number-plate is affixed to its rear, and

(f)  in the case of a motor vehicle for which number-plates of different sizes are issued—the larger of the number-plates is affixed to the rear of the vehicle.

Diagram 1—Heavy vehicles

Diagram 2—Light vehicles

(2)  Subclause (1) (a), (b), (d) and (e) do not apply to a vehicle number-plate of a registrable vehicle if:

(a)  due to the construction of the vehicle it is not practicable to comply with those paragraphs, and

(b)  the number-plate is affixed in a manner that complies so far as practicable with those paragraphs.

(3)  Subclause (1) (b) does not apply to the rear vehicle number-plate of a registrable vehicle if:

(a)  the rear number-plate of the registrable vehicle is obscured by a vehicle that is being towed by the registrable vehicle, and

(b)  the towed vehicle displays a rear number-plate in accordance with subclause (1) or, when the towed vehicle is not required to display a rear number-plate, the registration number of the registrable vehicle is displayed at the rear of the towed vehicle in a manner that complies so far as practicable with subclause (1).

Division 4 Transfer, exchange, reservation and interchange of number-plates

25   Reservation and interchange of number-plates

(1)  The Authority may approve the reservation of any number-plate in respect of a registrable vehicle, subject to the payment of any applicable gazetted fee for each 12 month period (or part of that period in excess of 21 days) that the number-plate is to be held.

(2)  On the payment of any applicable gazetted fee, the Authority may approve the interchange between registrable vehicles of vehicle number-plates issued under this Regulation.

26   Transfer of number-plate to another vehicle

The Authority may transfer a vehicle number-plate of a registrable vehicle to another registrable vehicle if:

(a)  the registration of the registrable vehicle from which the number-plate is to be transferred was cancelled following an application under clause 41 for the surrender of the registration, and

(b)  where the vehicle has one registered operator—the same person is (or is to be) the registered operator of the registrable vehicle to which the number-plate is to be transferred, and

(c)  where the vehicle has more than one registered operator—the Authority is satisfied that each operator who is living consents to the transfer, and

(d)  where the vehicle from which the number-plate is to be transferred has more than one registered operator—the Authority is satisfied that all the registered operators have consented to the transfer, and

(e)  the Authority is paid any applicable gazetted fee for the transfer.

27   Exchange of number-plates

If a registered operator of a registered vehicle surrenders a vehicle number-plate to the Authority, the Authority may issue another set of vehicle number-plates with a different number from the number of the surrendered number-plate subject to the payment of any applicable scheduled fee for that issue.

Division 5 Damaged, destroyed or missing number-plates

28   Damaged number-plates

(1)  If any number-plate issued under this Regulation becomes damaged, a plate holder must, as soon as is practicable:

(a)  notify the Authority of the fact of such damage, and

(b)  surrender to the Authority the number-plate and, unless otherwise approved by the Authority, any other number-plate with the same number issued under this Regulation.

Maximum penalty: 20 penalty units.

(2)  The Authority may request a plate holder to pay any applicable scheduled fee for replacing a damaged number-plate.

(3)  On the application of a plate holder who has surrendered vehicle number-plates under this clause, the Authority may issue replacement vehicle number-plates having the same number as the surrendered number-plates on payment of any applicable gazetted fee (in the case of a special number-plate), or any applicable scheduled fee (in any other case), for the issue.

(4)  If a bicycle rack number-plate is surrendered under this Regulation, the plate holder may apply for, and the Authority may issue, a new bicycle rack number-plate with the same number as the surrendered bicycle rack number-plate on payment of any applicable gazetted fee for the issue.

29   Lost, stolen or destroyed number-plates

(1)  If any vehicle number-plate issued under this Regulation is lost, stolen or destroyed, a plate holder must, as soon as is practicable after discovering the loss, theft or destruction:

(a)  give written notification of the loss, theft or destruction to the Authority, and

(b)  deliver to the Authority any other number-plate (including a bicycle rack number-plate) with the same number issued under this Regulation unless it too has been lost, stolen or destroyed.

Maximum penalty: 20 penalty units.

(2)  If a bicycle rack number-plate is lost, stolen or destroyed, the plate holder must, as soon as practicable after discovering the loss, theft or destruction, notify the Authority in writing accordingly.

Maximum penalty: 20 penalty units.

(3)  The Authority may request any such plate holder:

(a)  to forward evidence, in a form acceptable to the Authority, verifying the loss, theft or destruction of the number-plate and stating the circumstances connected with it, and

(b)  if a vehicle number-plate is lost, stolen or destroyed—to pay any applicable scheduled fee for replacing a lost, stolen or destroyed number-plate.

(4)  If a number-plate is lost, stolen or destroyed or is delivered to the Authority by the plate holder under subclause (1) (b), the Authority may issue a new number-plate with a number different from the number-plate it replaces on payment of any applicable scheduled fee for the issue.

30   Recovery of lost or stolen number-plates

(1)  A person who recovers a lost or stolen number-plate must, as soon as is practicable after recovering the number-plate, give notification of the recovery to the Authority and, unless otherwise directed by the Authority, must also deliver the recovered number-plate to the Authority.

Maximum penalty: 20 penalty units.

(2)  In this clause:

lost includes mislaid or unable to be found for any reason.