Road Safety (Vehicles) Regulations 2021 S.R. No. 116/2021 Part 3, Division 4 — Club permits

Road Safety (Vehicles) Regulations 2021 S.R. No. 116/2021
Part 3—Use of unregistered vehicles

 

Division 4—Club permits

 Subdivision 1—Approved clubs

     169   Application for club approval

                (1)  A vehicle club may apply to the Secretary to be an approved club. 

                (2)  The application must—

                         (a)  be in the approved application form; and

                         (b)  include an acknowledgement by the vehicle club that the duties of an approved club are to—

                                  (i)  verify that an applicant for a club permit is a club member; and

                                 (ii)  verify that the vehicle specified in an application for a club permit is—

                                         (A)  a club eligible vehicle; and

                                         (B)  safe to use on a highway; and

                                (iii)  comply with the conditions referred to in regulation 171.

     170   Secretary may approve vehicle club

                (1)  On an application under regulation 169(1), the Secretary may approve a vehicle club for the purposes of this Division.

                (2)  The Secretary must give written notice to the vehicle club of the Secretary's decision to approve or refuse the application.

     171   Conditions of vehicle club approval

                (1)  The Secretary may impose any conditions on a vehicle club approval given under regulation 170 that the Secretary thinks fit.

                (2)  The Secretary may vary or remove a condition imposed on a vehicle club approval by giving written notice to the approved club.

                (3)  If the Secretary varies a condition of a vehicle club approval, the Secretary must give the approved club written notice of— 

                         (a)  the Secretary's decision; and 

                         (b)  the vehicle club's rights under Subdivision 1 of Division 12 of Part 2 to an internal review of the decision.

     172   Revocation of vehicle club approval

                (1)  If the Secretary considers that an approved club is not complying with the conditions of the approval, the Secretary may revoke the Secretary's approval of the vehicle club.

                (2)  If the Secretary revokes an approval under subregulation (1), the Secretary must give the vehicle club written notice of—

                         (a)  the Secretary's decision; and

                         (b)  the vehicle club's rights under Division 12 of Part 2 to an internal and external review of the Secretary's decision.

                (3)  If the Secretary revokes an approval under subregulation (1) and—

                         (a)  the vehicle club does not seek an internal review of that decision; or 

                         (b)  the revocation is upheld following an internal review—

the Secretary must notify each club member of that vehicle club that the club member has 28 days to become a club member of another approved club in order to comply with regulation 185(1)(a).

Subdivision 2—Application for club permit

     173   Club permit is a registration permit

For the purposes of section 7(1) of the Act, a club permit is a registration permit.

     174   Types of club permit

                (1)  A 45 day club permit authorises the operation of the vehicle specified in the club permit for up to 45 days in the club permit period.

                (2)  A 90 day club permit authorises the operation of the vehicle specified in the club permit for up to 90 days in the club permit period. 

                (3)  In a club permit period, a person may be issued with no more than—

                         (a)  two 45 day club permits for a club eligible vehicle; or 

                         (b)  one 90 day club permit for a club eligible vehicle.

     175   Application for club permit

                (1)  A person who is a club member may apply to the Secretary for a club permit for a club eligible vehicle.

                (2)  The application must—

                         (a)  be in the approved application form; and

                         (b)  indicate whether the application is for— 

                                  (i)  a 45 day club permit; or 

                                 (ii)  a 90 day club permit; and

                         (c)  include the following information— 

                                  (i)  the personal particulars or corporation particulars of the applicant; 

                                 (ii)  the vehicle particulars; 

                                (iii)  the garage address of the vehicle; 

                                (iv)  the degree and nature of any substantial modifications to the vehicle; 

                                 (v)  any other information specified in the approved application form; and

                         (d)  be accompanied by a written statement by an officer bearer of the approved club that—

                                  (i)  the applicant is a club member; and

                                 (ii)  the vehicle is a club eligible vehicle; and 

                         (e)  include the payment of—

                                  (i)  the relevant fee specified in Schedule 2 for a 45 day club permit or a 90 day club permit, as the case requires; and

                                 (ii)  the appropriate transport accident charge; and

                                (iii)  the relevant fee for a club log book, as notified by the Secretary; and

                                (iv)  either—

                                         (A)  the relevant fee specified in Schedule 4 for the issue of a standard club permit number plate; or

                                         (B)  the fee fixed by the Secretary under section 5AE of the Act for a slimline club permit number plate.

     176   Verification of application for club permit

(1)  The Secretary may require an applicant for a club permit to submit evidence verifying the following matters—

                         (a)  the identity of the applicant;

                         (b)  that the vehicle is safe to use on a highway;

                         (c)  that the vehicle has a roadworthy certificate;

                         (d)  that the vehicle complies with the standards for registration;

                         (e)  any other information specified in the approved application form referred to in regulation 175.

     177   Secretary may issue club permit

                (1)  On an application under regulation 175, the Secretary may issue a 45 day club permit or a 90 day club permit for a vehicle if satisfied that—

                         (a)  the applicant is a club member; and

                         (b)  the vehicle is a club eligible vehicle; and

                         (c)  the vehicle is safe for use on a highway; and 

                         (d)  none of the matters specified in subregulation (2) apply.

                (2)  Despite subregulation (1), the Secretary may refuse to issue a club permit if—

                         (a)  a previous club permit held by the applicant remains suspended or has been cancelled; or

                         (b)  the vehicle is already covered by a current club permit; or

                         (c)  the information provided with the application is incomplete or incorrect; or

                         (d)  the applicant has not paid the fees and charges specified in regulation 175.

                (3)  A club permit must— 

                         (a)  contain the club permit holder's name; and 

                         (b)  contain the club permit holder's residential address or business address; and 

                         (c)  contain sufficient information to identify the vehicle, including the vehicle's garage address; and 

                         (d)  specify whether it is a 45 day club permit or a 90 day club permit; and 

                         (e)  specify the club permit period; and 

                         (f)  specify any operating conditions applying to the club permit; and

                         (g)  club permit expiry date.

                (4)  If the Secretary refuses an application for a club permit, the Secretary must give the applicant written notice of—

                         (a)  the Secretary's decision; and

                         (b)  the applicant's rights under Division 12 of Part 2 to an internal and external review of the Secretary's decision.

     178   Temporary club permit

                (1)  On receipt of an application under regulation 175, the Secretary may issue a temporary club permit and temporary club log book for use by the applicant until the applicant receives a club permit and club log book. 

                (2)  If an applicant under regulation 175 is issued with a temporary club permit, the applicant may operate the vehicle under the temporary club permit as though it were a club permit provided that—

                         (a)  the applicant complies with the general conditions of the club permit and any operating conditions (except in relation to club permit labels); and

                         (b)  the applicant destroys the temporary club permit and temporary club log book on receipt of the club permit and club log book.

     179   Authorisation given by club permit

A club permit authorises the vehicle specified in the club permit to be used on a highway only— 

(a)  during the club permit period for which the club permit is in force; and

(b) in accordance with the general conditions and any operating conditions to which the club permit is subject.

     180   Duration of club permit in a club permit

                (1)  A club permit continues in force for 12 months from the issue or renewal of the club permit or the corresponding temporary club permit, whichever is earlier, unless it is sooner cancelled or suspended.

                (2)  If a club permit holder, being the holder of a 45 day club permit, is issued with a second 45 day club permit in a club permit period, the second club permit must have the same expiry date as the first club permit, and the duration of the second club permit is reduced accordingly.

Example

On 1 January 2021, A is issued with a 45 day club permit with an expiry date of 31 December 2021. On 1 July 2021, A club permit holder is issued with a second 45 day club permit with an expiry date of 31 December 2021. The duration of the initial permit is 12 months, but the duration of the second permit is reduced to 6 months.

     181   Issue of club permit label and club log book

When the Secretary issues a club permit in respect of a vehicle, the Secretary must also issue in respect of that vehicle— 

                         (a)  a club permit label in the approved form; and

                         (b)  a club log book which has available entries for up to 90 days.

Subdivision 3—Club permit obligations

     182   Club permit label obligations

                (1)  The club permit holder must ensure that the club permit label is affixed to the vehicle specified in the club permit as follows—

                         (a)  in the case of a motor vehicle fitted with a windscreen or fixed windows—

                                  (i)  to the lower left or near side portion of the front windscreen of the vehicle; or

                                 (ii)  to any fixed window on the left or near side of the vehicle;

                         (b)  in the case of a motor vehicle not fitted with a windscreen or fixed windows (other than a motor cycle), in a suitable holder on the left side of the vehicle;

                         (c)  in the case of a motor cycle, in a suitable holder—

                                  (i)  to the left side of the motor cycle so that the front of the label faces outwards from the motor cycle; or

                                 (ii)  to the handlebar on the left side of the motor cycle so that the front of the label faces the front of the motor cycle; or

                                (iii)  to the centre of the front of the motor cycle in a position as near as practicable to the top of the steering head so that the front of the label faces towards the front of the motor cycle; or

                                (iv)  on or adjacent to the motor cycle's number plate in a way that the characters on the number plate are not obscured;

                         (d)  for a trailer—

                                  (i)  on or adjacent to the vehicle's number plate in a way that the characters on the number plate are not obscured; or

                                 (ii)  in a suitable holder on the left side of the trailer in a position not more than 1×5 metres above ground level with the front of the label facing outwards from the trailer towards the left; or

                                (iii)  if the trailer has a window on the left side not more than 1×5 metres above ground level, horizontally to the window so that the label is fixed not more than 15 centimetres from the bottom corner of the window nearest to the front of the trailer, with the front of the label against the inside surface of the window;

                         (e)  in any other case, on or adjacent to the vehicle's rear number plate in a way that the characters on the number plate are not obscured.

                (2)  A driver of a vehicle operated under a club permit must not use that vehicle on a highway if a club permit label is not affixed in accordance with subregulation (1) unless the use is permitted under these Regulations or any other law.

Penalty:    5 penalty units.

                (3)  A club permit holder of a vehicle operated under a club permit must ensure that the vehicle is not used on a highway if a club permit label is not affixed in accordance with subregulation (1) unless the use is permitted under these Regulations or under any other law.

Penalty:    5 penalty units.

     183   Club log book obligations  

(1)  A club permit holder must ensure that a club permit is affixed inside a club log book.

(2)  On each day that a vehicle operated under the club permit is driven outside the vehicle's local zone, the club permit holder must ensure that the next available entry in the club log book is completed before beginning the journey.

Penalty:    10 penalty units.

(3)  For the purposes of subregulation (2), if a journey begins before midnight and continues into the next day, an entry must be made in the club log book in respect of each of those days.

(4)  A club permit holder must not complete or partially complete entries in a club log book which relate to a future day.

Penalty:    10 penalty units.

                (5)  A club permit holder must ensure that, if a club permit is a 45 day club permit, only the first 45 entries in the club log book are used, unless a second 45 day club permit is issued for the club permit period and affixed inside the club log book.

Penalty:    10 penalty units.

                (6)  A club permit holder must ensure that, if all available entries in a club log book have been completed, or if the club permit has expired or been cancelled, the vehicle under the club permit must not be driven outside the vehicle's local zone until a new club permit is issued.

Penalty:    10 penalty units.

     184   Offence to cause or permit non-compliance with club log book obligations

A club permit holder must not cause or permit a driver of a vehicle operated under the club permit to fail to comply with regulation 183.

Penalty:    5 penalty units.

     185   General conditions of club permit

                (1)  A club permit or a temporary club permit is subject to the condition that the club permit holder—

                         (a)  is a club member or a person notified under regulation 172; and

                         (b)  complies with the club log book obligations in regulation 183; and

                         (c)  if requested by the Secretary, makes the vehicle operated under the club permit available for a vehicle audit in accordance with regulation 190; and

                         (d)  complies with the requirements for notification regarding changes to club membership in regulation 196; and

                         (e)  carries the club permit and the club log book issued in relation to the vehicle operated under the club permit in that vehicle at all times the vehicle is being used on a highway; and

                         (f)  notifies the Secretary within 14 days of—

                                  (i)  a change to the permit holder's name, residential address or address for service of notices; and

                                 (ii)  a change to the vehicle particulars or the vehicle being modified; and

                                (iii)  a change to the garage address of the vehicle.

                (2)  A vehicle operated under a club permit—

                         (a)  must be safe for use on a highway; and

                         (b)  must display—

                                  (i)  the club permit label in accordance with regulation 182; and

                             (ii)   the club permit number plate or plates in accordance with regulation 63.

     186   Offence to use a club permit vehicle as commercial passenger vehicle service

A club permit holder must ensure that a vehicle operated under a club permit is not used—

                         (a)  for hire or reward for the carriage of goods or freight; or

                         (b)  to provide a commercial passenger vehicle service (within the meaning of section 4 of the Commercial Passenger Vehicle Industry Act 2017).

Penalty:    10 penalty units.

     187   Operating conditions

                (1)  In addition to the general conditions specified in regulation 185, the Secretary may impose an operating condition on a club permit that specifies the permissible use of the vehicle operating under that club permit on a highway.

                (2)  The Secretary may impose, vary or remove an operating condition at any time.

                (3)  If the Secretary imposes, varies or removes an operating condition, the Secretary must give the club permit holder—

                         (a)  written notice of the change; and

                         (b)  a certificate of approved operations that lists the operating conditions applicable to the vehicle operated under the club permit; and

                         (c)  written notice of the club permit holder's rights under Subdivision 1 of Division 12 of Part 2 to an internal review of the Secretary's decision.        

     188   Offence for non-compliance with operating conditions

(1)  If the Secretary imposes an operating condition on a club permit, the club permit holder must carry the certificate of approved operations in the vehicle operated under the club permit.

Penalty:    5 penalty units.

(2)  A club permit holder must comply with the operating condition imposed on a club permit.

Penalty:    5 penalty units.

(3)  A club permit holder must not cause or permit a person to fail to comply with an operating condition imposed on a club permit. 

Penalty:    5 penalty units.

(4)  The driver of a vehicle operated under a club permit must comply with any operating conditions imposed on a club permit that relate to the use of the vehicle as specified in the club permit.

Penalty:    5 penalty units.

     189   Renewal of club permit

                (1)  A club permit holder may apply for the renewal of a club permit by giving to the Secretary—

                         (a)  an application in the approved application form, indicating whether the application is for a 45 day club permit or a 90 day club permit; and

                         (b)  a written statement by an office bearer of the approved club indicating that the applicant is a club member, and that the vehicle included in the renewal application is a club eligible vehicle; and

                         (c)  the relevant fee for a 45 day club permit or a 90 day club permit, as the case requires, specified in Schedule 2; and

                         (d)  the appropriate transport accident charge; and

                         (e)  the administrative fee for a club log book, as notified by the Secretary.

     190   Vehicle audits

                (1)  At the written request of the Secretary, a club permit holder must produce the vehicle operated under the club permit—

                         (a)  at a testing site nominated by the Secretary for inspection by the Secretary, an authorised officer or an authorised vehicle inspector; and

                         (b)  within a reasonable time period nominated by the Secretary in the written request.

                (2)  If the nominated testing site or the nominated time period is inconvenient for the permit holder, the club permit holder may notify the Secretary before the nominated time period is concluded, and the Secretary must provide an opportunity to reschedule the audit to an alternative testing site or time period, in accordance with the club permit holder's reasonable request.

                (3)  Any audit conducted under this regulation must be carried out under the direction and at the expense of the Secretary.

     191   Suspension of club permit

                (1)  The Secretary may suspend a club permit if the Secretary reasonably suspects that—

                         (a)  the vehicle operated under the club permit is not a club eligible vehicle; or      

                         (b)  the club permit holder has failed to comply with any of the general conditions of the club permit specified in regulation 185; or

                         (c)  the club permit holder has failed to comply with any operating condition of the club permit specified in the certificate of approved operations under regulation 187; or

                         (d)  the club permit holder has caused or permitted a vehicle to be used other than in accordance with any operating condition of the club permit specified in the certificate of approved operations under regulation 187; or

                         (e)  the club permit holder has disposed of a vehicle without complying with regulation 195; or

                         (f)  the club permit holder has failed to comply with a written request under regulation 192 to present the vehicle for inspection at the time and place stated in the request; or

                         (g)  the club permit holder is engaging in conduct which threatens public safety or undermines the integrity of the club permit scheme.

                (2)  If the Secretary suspends a club permit under subregulation (1), the Secretary must give the club permit holder a written notice stating—

                         (a)  the reasons for the suspension; and

                         (b)  the date on which the suspension takes effect; and

                         (c)  the action, if any, to be taken by the club permit holder to have the suspension lifted; and

                         (d)  that the club permit may be cancelled if the action referred to in paragraph (c) is not taken by a day stated in the notice (which must be at least 14 days after the date of the notice); and

                         (e)  the club permit holder's rights under Division 12 of Part 2 to an internal and external review of the Secretary's decision.

     192   Cancellation of club permit

                (1)  The Secretary may cancel a club permit for any of the following reasons—

                         (a)  any action required by a notice under regulation 191 is not taken within the period stated in the notice; 

                         (b)  the Secretary reasonably believes that a reason for the suspension of the club permit still exists;

                         (c)  the payment of the relevant fee specified in Schedule 2 and the appropriate transport accident charge under regulation 175 is dishonoured or not paid to the Secretary within 3 months after the date of expiry of the club permit.

                (2)  If the Secretary cancels a club permit under subregulation (1)(a) and (b), the Secretary must give the club permit holder written notice of—

                         (a)  the cancellation; and

                         (b)  the club permit holder's rights under Division 12 of Part 2 to an internal and external review of the Secretary's decision.

     193   Replacement club log book

                (1)  If a club log book is lost, damaged, destroyed or stolen, a club permit holder may apply to the Secretary for a replacement club log book.

                (2)  If the Secretary is satisfied that a club log book is lost, damaged, destroyed or stolen, the Secretary may issue a replacement club log book on payment of the administrative fee for a replacement club log book, as notified by the Secretary.

                (3)  The club permit holder must advise the Secretary how many entries in the previous club log book had been completed at the time that the book was lost, damaged, destroyed or stolen, and the Secretary must delete that number of entries from any replacement club log book.

     194   Club permit number plates

                (1)  On payment of the relevant fee specified in Schedule 4 for a standard club permit number plate, the Secretary must give the club permit holder—

                         (a)  in the case of a motor cycle, a trailer, or a motor vehicle manufactured before 1 January 1931, one standard club permit number plate; or    

                         (b)  in any other case, 2 standard club permit number plates.

                (2)  A club permit holder may apply to the Secretary for the issue of slimline club permit number plates in respect of any club eligible vehicle except a motor cycle.

                (3)  An applicant under subregulation (2) must pay—

                         (a)  the relevant fee specified in Schedule 4 for the issue of a standard club permit number plate; and

                         (b)  the fee fixed by the Secretary under section 5AE of the Act.

                (4)  The issue of standard club permit number plates or slimline club permit number plates under this regulation does not confer on the applicant any rights in the number displayed on the number plates.

                (5)  Regulation 63 applies to a number plate given to a person under this regulation as if—

                         (a)  the number plate were issued under regulation 60; and

                         (b)  the vehicle were a registered vehicle.

                (6)  If a club permit number plate is lost, damaged, destroyed or stolen, the club permit holder may apply to the Secretary for the issue of new standard club permit number plates or new slimline club permit number plates.

     195   Disposal of vehicles operated under club permits

                (1)  If a vehicle operated under a club permit is disposed of during the term of the club permit, the club permit ceases to have effect.

                (2)  The club permit holder disposing of the vehicle must ensure that, immediately following delivery of the vehicle to its new garage address—

                         (a)  the club permit, the club permit label and the vehicle's club log book are removed from the vehicle and destroyed; and

                         (b)  the club permit number plates are removed from the vehicle, and returned to the Secretary on request.

     196   Notification regarding changes to club membership

                (1)  Subject to subregulation (3), within 14 days after commencing membership of an approved club, the club permit holder must send the Secretary a notice endorsed by the secretary of the approved club or another person authorised by the approved club stating the date that the membership commenced.

                (2)  Subject to subregulation (3), a club permit holder must notify the Secretary within 14 days after ceasing membership of an approved club, stating the date that the membership has ceased.

                (3)  The notification obligations in subregulations (1) and (2) apply only in respect of the permit holder's primary club membership, being the membership under which the club permit holder holds or intends to hold a club permit.

                (4)  Subject to regulation 169(2), a club permit holder's oblig