Document ID: chunk:federal_register_of_legislation:F2016C00629:clause:1_38
Version: federal_register_of_legislation:F2016C00629
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 48931–51408

38  Vehicles exempt from requirement to be registered
 (1) A heavy vehicle that:
 (a) is being driven for the purpose of obtaining registration; and
 (b) is proceeding by the most direct or convenient route to the nearest place at which registration under the Act is carried out;
is exempt from the requirement to be registered until it reaches that place.
 (2) In subregulation (1), direct or convenient route includes the route to the nearest place at which the heavy vehicle can be weighed or inspected for the purpose of obtaining registration.
 (3) A heavy vehicle that:
 (a) is temporarily in this jurisdiction; and
 (b) is:
 (i) registered in a State or another Territory or in a foreign country; or
 (ii) permitted to be used in accordance with a law in force in a State or Territory relating to the use of unregistered vehicles (including a law relating to trade plates);
is exempt from the requirement to be registered if it meets the requirements of subregulation (4).
 (4) The requirements to be met by a heavy vehicle referred to in subregulation (3) are:
 (a) that the vehicle carry, conspicuously displayed in the required manner and condition, all number plates and labels which it is at that time required to carry:
 (i) in the case of a vehicle registered outside this jurisdiction—in the State, Territory or country in which it is registered; or
 (ii) in the case of an unregistered vehicle permitted to be used in a State or another Territory—in that State or Territory;
  under a law of that State, Territory or country, as the case may be; and
 (b) in the case of a vehicle described in subparagraph (3)(b)(ii)—that the vehicle is used in accordance with any conditions of any permit or other authority which apply in the State or Territory, so far as they are capable of being applied to the use of the vehicle outside that State or Territory.
 (5) The registration authority may exempt a heavy vehicle from the requirement to be registered on the condition that the vehicle is not used on a road or road related area except to move directly across the road or road related area from property on one side of the road to property on the other side.
Note: The exemption from the requirement to be registered does not include an exemption from any requirement to have the appropriate third party insurance cover in this jurisdiction.
 The registered operator is advised to contact the registration authority to ascertain what insurance arrangements apply.