Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Expanded Business Vehicle Support Package) Regulations 2021

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Expanded Business Vehicle Support Package) Regulations 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .

13 December 2021

B. BAKER

Governor

By Her Excellency's Command,

MICHAEL DARREL JOSEPH FERGUSON

Minister for Infrastructure and Transport

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Expanded Business Vehicle Support Package) Regulations 2021 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 are referred to as the Principal Regulations.

4.    Regulation 168B inserted

After regulation 168A of the Principal Regulations , the following regulation is inserted in Part 10:

168B.   Registration fee waived or remitted – business vehicles

(1)  In this regulation –

eligible vehicle means a vehicle that –

(a) is used to provide one of the following services within the meaning of the Passenger Transport Services Act 2011 :

(i) a hire and drive passenger service;

(ii) a passenger transport service that is also –

(a) a taxi service within the meaning of the Taxi and Hire Vehicle Industries Act 2008 ; or

(b) a luxury hire car service within the meaning of the Taxi and Hire Vehicle Industries Act 2008 ; or

(c) a tour within the meaning of the Taxi and Hire Vehicle Industries Act 2008 ; and

(b) is liable to inspection under a vehicle inspection program in accordance with regulation 136 ; and

(c) belongs to one of the following classes of vehicles specified in Schedule 1 to the Economic Regulator (MAIB Premiums) Order 2017 :

(i) class no. 6 (Taxi or Luxury Hire Car);

(ii) class no.7 (Large Public Passenger Vehicle);

(iii) class no. 8 (Hire and Drive Vehicle);

(iv) class no. 16 (Medium Public Passenger Vehicle); and

(d) is not –

(i) the subject of a grant, or the subject of an undecided application for a grant, under the program known as the Hire and Drive Reimbursement Program provided by the Department of State Growth; or

(ii) being used to provide a regular passenger service, within the meaning of the Passenger Transport Services Act 2011 , listed on a valid contract with the Crown for the provision of general access services or school bus services between 1 July 2021 and 31 December 2021 inclusive; or

(iii) the subject of some other arrangement with the Crown in relation to the registration payment payable in relation to that vehicle between 1 July 2021 and 31 December 2021 inclusive;

relevant period means the 6-month period commencing 1 July 2021;

relevant registration payment, in relation to an eligible vehicle, means the following payable amounts that are due to be paid during the relevant period for the renewal of registration of the eligible vehicle:

(a) each applicable scheduled fee;

(b) the motor tax payable;

(c) if a number plate or number plates are to be issued in respect of the eligible vehicle – the applicable scheduled fee, if any, for the issue of the number plate or number plates;

(d) the road safety levy payable, if any.

(2)  A registered operator of an eligible vehicle may apply to the Registrar for the waiving of the relevant registration payment in relation to the eligible vehicle.

(3)  If a relevant registration payment, or any part of a relevant registration payment, in respect of an eligible vehicle is made, the registered operator may apply to the Registrar for remittance of the amount so paid.

(4)  An application under subregulation (2) or (3) is to be –

(a) in an approved form; and

(b) made before 31 March 2022.

(5)  On receiving an application under subregulation (2) or (3) , the Registrar may –

(a) approve the application; or

(b) refuse the application; or

(c) request further information from the applicant and, after receiving and considering the further information, approve the application under paragraph (a) or refuse the application under paragraph (b) .

(6)  If the Registrar approves the application made under subregulation (2) , the relevant registration payment due in respect of the eligible vehicle is waived.

(7)  If, after waiving a relevant registration payment under subregulation (6) in respect of an eligible vehicle, the Registrar becomes aware that the vehicle to which the application relates is not an eligible vehicle, the Registrar may recover from the applicant the amount of the relevant registration payment waived under this regulation in respect of the vehicle.

(8)  If the Registrar approves the application made under subregulation (3) , the Registrar is to remit to the registered operator of the eligible vehicle the amount to which the application relates.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 14 December 2021

These regulations are administered in the Department of State Growth.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 by allowing for waiving or remittance of certain registration fees payable or paid in respect of certain vehicles that are used to provide hire and drive passenger services, or passenger transport services, during the 6-month period commencing on 1 July 2021.