Document ID: chunk:federal_register_of_legislation:F2016C00407:clause:1_10
Version: federal_register_of_legislation:F2016C00407
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 12666–14862

10  Vehicles and trailers to be properly maintained
 (1) This regulation applies to a motor vehicle or trailer, whether or not part of a combination, that is on a road or road‑related area, but does not apply to a vehicle mentioned in rule [1A.4] of the Vehicle Standards.
Note: Rule [1A.4] provides that the Vehicle Standards do not apply to the vehicles mentioned in the rule.
 (2) A person must not drive a motor vehicle unless the vehicle is maintained in a condition that ensures:
 (a) its safe operation; and
 (b) the safety of the person, anyone else in the vehicle and other road users.
Penalty: $2,000
 (3) A person must not drive the first or only motor vehicle forming part of a combination unless each vehicle forming part of the combination is maintained in a condition that ensures:
 (a) its safe operation; and
 (b) the safety of the person, anyone else in the combination and other road users.
Penalty: $2,000
 (4) The operator of a motor vehicle or trailer must maintain the vehicle in a condition that ensures:
 (a) its safe operation; and
 (b) the safety of the driver, anyone else in the vehicle and other road users.
Penalty: $2,000
 (5) Subregulation (4) does not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time:
 (a) the person was not responsible for maintenance of the vehicle; and
 (b) someone else was responsible for maintenance of the vehicle.
 (6) For this regulation, the condition of a vehicle includes the condition of:
 (a) its steering, brakes, suspension, wheels, tyres, towing equipment and the means of transmitting engine power to the driven wheels; and
 (b) the lights and reflectors that it is required to have under the Vehicle Standards; and
 (c) the strength of its structure; and
 (d) the driver's view of the road; and
 (e) its exhaust system; and
 (f) its fuel system.
Note: The Roadworthiness Guidelines, published by the National Road Transport Commission and available from AusInfo Bookshops, provide information to help people meet the requirements of this regulation.