Chapter 4 Authorised uses of unregistered registrable vehicles
Part 1 Unregistered vehicle permits
44 Issue of unregistered vehicle permits
(1) In this clause, number includes letter.(2) The Authority may issue an unregistered vehicle permit for a registrable vehicle if:(a) it would be unreasonable or impracticable to require that the registrable vehicle be registered during the period of the permit or the vehicle has been driven to a place under clause 17 of Schedule 1 for the purpose of obtaining registration and registration has been refused, and(b) the vehicle complies with any applicable third party insurance legislation.(3) An unregistered vehicle permit authorises use of a registrable vehicle on:(a) a road or road related area, or(b) particular roads or road related areas,subject to any condition specified in the permit.(4) Unless sooner revoked, an unregistered vehicle permit expires on the expiry date recorded in the permit:(a) if the permit specifies an expiry time—at that time on the expiry date, or(b) if no expiry time is specified—at the end of the day recorded as the expiry date.(5) If the Authority issues an unregistered vehicle permit the Authority must:(a) record details of the permit, including any condition to which the permit is subject, in the Register, and(b) assign a temporary identification number to the vehicle.(6) Except if otherwise approved by the Authority, an applicant for an unregistered vehicle permit must pay to the Authority any applicable gazetted fee for issue of the permit before it is issued.(7) The holder of an unregistered vehicle permit must:(a) display a notice affixed securely to the registrable vehicle in a prominent position depicting the temporary identification number assigned to the vehicle by the Authority, or(b) display such information as may be required or authorised by the Authority.(8) An unregistered vehicle permit may be revoked or varied at any time by the Authority.
(1) On the payment of the applicable scheduled fee, the Authority may issue one or more trader’s plates to any person that the Authority is satisfied:(a) is a manufacturer, or repairer of, or dealer in, unregistered registrable vehicles, or(b) provides some other service in relation to unregistered registrable vehicles that is incidental to the manufacture or repair of, or dealings in, those vehicles, being a service that the Authority is satisfied requires the use of trader’s plates.(1A) Despite subclause (1), the Authority is not to issue a trader’s plate to a person unless the Authority is satisfied that the person carries on business from premises that the Authority considers to be suitable for the issue of trader’s plates.(2) A trader’s plate issued under this clause:(a) must conform to such specifications as the Authority may determine, and(b) must display:(i) the matter “NSW” and such words (if any) as the Authority may determine with the approval of the Minister, or(ii) the words “New South Wales” and such other words (if any) as the Authority may determine with the approval of the Minister, and(c) remains the property of the Authority.
48 Use of vehicles with trader’s plates on road or road related area
For the purposes of section 18 (2) (b) of the Act, a registrable vehicle to which a trader’s plate is attached may be used on a road or road related area only if the use of the vehicle is an authorised use under clause 50.
50 Purposes for which trader’s plates may be used
(1) Subject to subclause (2), the use of a registrable vehicle to which a trader’s plate is affixed on a road or road related area is an authorised use if the vehicle (or in the case of a trailer, the vehicle by which it is drawn):(a) is conveying the trader to whom the plate has been issued or the trader’s authorised employee or agent, and is being driven:(i) for a purpose connected with its manufacture or repair or connected with a dealing in the vehicle, or(ii) for a purpose connected with a service of the kind referred to in clause 45 (1) (b) that is being provided in relation to the vehicle, or(iii) to the nearest convenient motor registry for registration by the most direct or convenient route, or(iv) for delivery at the address of a person who has acquired it from such a trader, or(b) is being test driven by a prospective purchaser who is in possession of a written authorisation to drive the vehicle issued by the trader to whom the plate has been issued or by the trader’s authorised employee or agent.(2) Nothing in subclause (1) authorises the use on a road or road related area of a registrable vehicle to which a trader’s plate is affixed for the carriage of a load unless:(a) the load is carried solely for the purpose of demonstrating to a genuine prospective purchaser the capacity of the vehicle for carrying a particular type of weight of loading, or(b) the vehicle is being driven by the most direct or convenient route to the premises of the trader to whom the plate has been issued from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of a registrable vehicle manufactured or purchased by such a trader for sale by the trader, or(c) the vehicle is a trailer specially constructed for the carriage of a boat and the loading consists solely of a boat, or(d) the vehicle weighs not more than 2 tonnes unladen and is being driven:(i) by the shortest practicable route to the premises of the trader from the place at which the trader has manufactured or purchased the vehicle and the loading consists solely of goods that are intended for the trader’s personal use or for use in his or her business as a trader, or(ii) solely for carrying spare parts (being spare parts for use in connection with the repair of registrable vehicles by such a trader) to the trader’s premises from a railway station or airport to which they have been consigned to the trader.(3) A person must not authorise an individual to test drive, on a road or road related area, an unregistered registrable vehicle to which a trader’s plate is attached unless:(a) the person is the trader to whom the trader’s plate has been issued or is the trader’s authorised employee or agent, and(b) the person reasonably believes the individual to be a genuine prospective purchaser, and(c) the person has made a record of the individual’s name and address, and(d) the person has provided the individual with a written authorisation to drive the vehicle.Maximum penalty (subclause (3)): 20 penalty units.
(4) In this clause:trader’s authorised employee or agent means an employee or agent of the trader duly authorised in writing.
52 Trader to keep and produce record
A person to whom a trader’s plate for a registrable vehicle is issued must:(a) in respect of each occasion on which a registrable vehicle is driven on a road or road related area with the plate affixed—cause particulars to be entered in ink on a record in the form prescribed in Schedule 3, and(a1) keep any such record at the premises in which the person carries on the business in respect of which the trader’s plate was issued for at least 6 months after the record was made, and(b) produce any such record for the preceding 6 months for inspection when required so to do by:(i) the Authority, or(ii) any police officer.Maximum penalty: 20 penalty units.
53 Questions regarding use of plate to be answered
Any driver or person in charge of a registrable vehicle to which a trader’s plate is affixed or any person to whom a trader’s plate has been issued must, when required so to do by any police officer, immediately answer truthfully all questions that are put to the person concerning the purpose for which the plate is used.Maximum penalty: 20 penalty units.
54 Disposal or cessation of business
If a trader to whom a trader’s plate has been issued sells, disposes of or ceases to carry on the business to which the trader’s plate relates, the trader must immediately give written notification to the Authority of the sale, disposition or cessation of the business and deliver the trader’s plate to the Authority.Maximum penalty: 20 penalty units.
(1) If the Authority is satisfied that a person has ceased for any reason to be entitled to hold a trader’s plate issued to the person, the Authority may request the person immediately to deliver the trader’s plate to the Authority.(2) Subject to subclause (1), any person to whom a trader’s plate has been issued must, not later than 14 days after the expiration of the period for which the trader’s plate was issued, deliver the trader’s plate to the Authority.Maximum penalty (subclause (2)): 20 penalty units.
(3) A person must not drive or allow to be driven or be in charge of any registrable vehicle on a road or road related area if there is affixed to or displayed upon the vehicle any trader’s plate that was issued for a period that has expired.Maximum penalty (subclause (3)): 20 penalty units.