Code of Practice - Motorcycle and Scooter Industry Best Practice

Transcription

Federal Chamber of Automotive Industries
Code of Practice
Motorcycle and Scooter Industry
Best Practice
Prepared on behalf of
The Motorcycle Group of the Federal Chamber of Automotive Industries
November 2013
Disclaimer
The purpose of this Code of Practice (Code) is to provide Members of the Motorcycle Group
of the Federal Chamber of Automotive Industries (FCAI) with information and guidance for
the sole and restricted purpose of ensuring their Dealers are aware of, and are complying
with, their legal obligations and liabilities with respect to registration, modification and the
promotion of rider safety of at the time of sale of the Motorcycle and/or Scooter.
All other general legal obligations and liabilities of Dealers (for example those found in
consumer protections laws) are not dealt with by this Code. Users of this Code should seek
their own legal advice in relation to broader obligations and liabilities not specifically dealt
with by this Code.
Users of this Code acknowledge that the information provided in this Code may change
periodically, be supplemented, modified and/or updated by relevant authorities. The FCAI
assumes no liability or responsibility for any errors or omissions in the contents of this Code,
or any change in applicable laws or regulations. The FCAI (or any other party involved in the
creation, production or delivery of this Code) shall not, under any circumstances and to the
maximum extent permitted by law, be liable to a Member or any other person for any direct,
indirect, special, incidental, consequential or other damages of any kind arising from the use
or implementation of this Code.
The FCAI does not warrant (expressly or by implication) that the information contained in this
Code is true, complete, accurate, current, updated or correct and FCAI does not undertake to
update any information to reflect legal, policy, regulatory or other developments subsequent
to the date of publication of this document. Because the law constantly changes and varies
from jurisdiction to jurisdiction, and is subject to varying interpretations, users are urged to
obtain prior legal advice in the relevant state regarding the applicability of any points of law
discussed in this Code to any specific situation. This Code is not and should not be used as
a substitute for competent legal advice. It is the sole responsibility of each Member seeking
to apply or adhere to this Code to independently verify and, if necessary, seek independent
legal advice, regarding applicable rules and schemes, legislative and regulatory
requirements applicable from time to time in connection with the distribution and sale of
Motorcycles and/or Scooters.
Federal Chamber of Automotive Industries contact details
Motorcycle Manager
Level 1, 59 Wentworth Avenue
Kingston ACT 2604
Ph: +61 2 6247 3811
Fax: +61 2 6248 7673
Email: [email protected]
Web: www.fcai.com.au
Federal Chamber of Automotive
Industries
i
Motorcycle and Scooter Code of
Practice
Effective date
15 November 2013
Foreword
Increasingly, the functions of Motorcycle and/or Scooter Dealers in Australia are broadening.
More than merely selling new and used Motorcycles and/or Scooters to customers, Dealers
are also registering, modifying and, most importantly, promoting the safe operation of
Motorcycles and/or Scooters by their riders.
This Code has been prepared on behalf of the Motorcycle Group of the FCAI. The FCAI is
the peak industry body representing the automotive industry in Australia. The FCAI's
membership comprises the three domestic passenger motor vehicle manufacturers and all
major international brands which import and market passenger, light commercial and fourwheel-drive vehicles and motorcycles in Australia.
Members of the Motorcycle Group of the FCAI (Members) include:
BMW Group Australia
http://www.bmwmotorrad.com.au
BRP Australia Pty Ltd
http://www.brp.com
Ducati
http://www.ducati.com.au
Harley-Davidson
http://www.harley-davidson.com
Honda MPE
http://www.hondamotorcycles.com.au
http://www.aprilia.com.au
John Sample Group
http://www.motoguzzi.com.au
Kawasaki
http://www.kawasaki.com.au
KTM
http://www.KTM.com.au
Kymco Pty Ltd
http://www.kymco.com.au
Peter Stevens Importers
http://www.hyosung.com.au
http://www.triumphmotorcycles.com.au
http://www.piaggio.com.au
http://www.vespa.com.au
Suzuki Australia Pty Ltd
http://www.suzuki.com.au
Yamaha
http://www.yamaha-motor.com.au
Victory Motorcycles Australia Pty Ltd
http://www.victorymotorcycles.com.au
http://www.indianmotorcycles.com.au
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Ref:
Contents
Paragraph
Number
Heading
1
Overview
2
2
Definitions
3
3
Registration of Motorcycles and/or Scooters
4
4
Determining the Intended Rider of the Motorcycle and/or Scooter
5
5
Identity and Licensing
6
6
Modification of Motorcycles and/or Scooters
6
7
Provision of Rider Safety DVD
8
8
Conclusion
8
Annexure 1
Table
9
Page
Annexure 2
De-restriction and Modification Acknowledgement Form
27
Annexure 3
Motorcycle/Scooter Purchaser Disclosure Form
30
Annexure 4
Effects of Modification List
32
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Practice
1
Overview
1.1
What is this document, who is it for and how do you use it?
The purpose of this Code is to provide Members of the Motorcycle Group of the FCAI with information
and guidance for the sole and restricted purpose of ensuring their Dealers are aware of, and are
complying with, their legal obligations and liabilities with respect to registration, modification and the
promotion of safety of the rider at the time of sale of the Motorcycle and/or Scooter. It is very important
that this section be read with reference to the section titled "Disclaimer" (page i).
This Code provides practical guidance to Members by:

Assisting in the understanding of their Dealer's legal and safety duties and responsibilities in
Australia with respect to the registration and modification of Motorcycles and/or Scooters in the
relevant State or Territory.

Providing an overview of specific State or Territory legislation, regulations and rules which apply
or are otherwise relevant to Dealers in relation to the registration, modification and promotion of
safety of the rider at the time of the sale of Motorcycles and/or Scooters.

Detailing procedures and processes that Members must seek to ensure are applied by their
Dealers in relation to the registration, modification and the promotion of safety of the rider at the
time of sale of Motorcycles and/or Scooters.

Providing a consistent and best practice approach for Members to adopt to ensure that their
Dealers are carrying out their business functions in compliance with their legal obligations and
liabilities with respect to registration and modification and the promotion of safety of the rider at
the time of sale.

Promoting co-operation between Members and their Dealers.
Although this is a voluntary Code, the Members agree to abide and comply with this Code and will seek
to apply this Code as the standard they expect from their respective Dealers to ensure compliance with
their legal duties and to promote best practice in relation to the safe operation by riders at the time of
sale of the Motorcycle and/or Scooter.
This Code will be issued:

To all Members with the expectation that as a Member of the FCAI, they will comply with this
Code and seek to apply the processes and procedures set out in this Code as the minimum
standard they expect from their respective Dealers. Members will distribute copies of this Code
to their respective Dealers for this purpose.

To non-FCAI importers with a strong recommendation that they comply with this Code.
1.2
The legal obligations and liabilities of Dealers

There are legal obligations and liabilities placed on Dealers which impact on the registration and
modification of Motorcycles and/or Scooters in Australia. In some instances, these legal
obligations and liabilities differ between States/State and Territory.

An overview of the key legal obligations and liabilities of Dealers which may impact the
registration and modification of Motorcycles and/or Scooters in each State and Territory is set out
in the table annexed to this document (Table) (Annexure 1). The Table is intended to provide
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guidance and practical help for Members for the sole and restricted purpose of ensuring that
Dealers are aware of, and are complying with, these legal obligations and liabilities. The Table is
not intended to constitute legal advice. As is set out in the section titled "Disclaimer", users of
this Code should seek their own legal advice in relation to their obligations and liabilities. Please
refer to the Table for further information.
2
Definitions
ADRs means the Australian Design Rules as they exist from time to time in accordance with the Motor
Vehicle Standards Act 1989 (Cth).
Authorised Dealer means all dealers authorised to register Motorcycles and/or Scooters within their
State or Territory.
Dealer means a person licensed to carry on a Motorcycle and/or Scooter dealership business.
Dealer Agreement means any agreement, scheme, or other arrangement entered into between a
Dealer and relevant State or Territory Road Authority in relation to the Dealer's sale, purchase, trade,
hire or registration of Motorcycles and/or Scooters.
De-restriction means removing a restriction on engine performance to increase power and/or speed.
De-restriction and Modification Acknowledgement Form means the document annexed as
Annexure 2 to this Code.
Effects of Modification List means the document annexed as Annexure 4 to this Code.
Intended Rider means any person that is reasonably anticipated to be a rider of the Motorcycle and/or
Scooter purchased from the Dealer.
Motorcycle and/or Scooter means all LA, LB, LC or LE category motorcycles and scooters as defined
under clause 4 "Vehicle Categories" in the "Australian Design Rule - Definitions and Vehicle Categories".
Motorcycle/Scooter Purchaser Disclosure Form means the document annexed at Annexure 3 to this
Code.
Restrictive Riding Scheme means any law or regulation operating in the Dealer's jurisdiction controlling
the model of Motorcycle and/or Scooter which a learner or probationary rider is permitted to ride
including, but not limited to, for example Learner Approved Motorcycle Schemes (LAMS), and any other
similar scheme in operation.
Road Authority means the relevant government department/agency for the applicable State or Territory
which is empowered to, inter alia, administer rules and regulations in relation to road safety, registration
and licensing services.
Rider Safety DVD means the FCAI approved safety instruction DVD.
Underage Rider means a person under the legal licensing age.
Vehicle Standards Legislation means the applicable legislation and regulations which implements the
vehicle standards and ADRs for road vehicles in the relevant State and Territory.
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3
Registration of Motorcycles and/or Scooters
(a)
Authorised Dealers shall register Motorcycles and/or Scooters in their State or Territory
according to Best Practice.
(b)
"Best Practice" means fulfilling the following obligations (subject to any contrary
requirement with force of law in that State or Territory1):
(i)
(ii)
(iii)
(iv)
Authorised Dealers must ensure at all times that they:
(A)
are validly authorised to register Motorcycles and/or Scooters in their
relevant State or Territory; and
(B)
understand the requirements, applicable systems and procedures for
registering Motorcycles and/or Scooters in their relevant State or
Territory.
The Authorised Dealer must, prior to registering a Motorcycle and/or Scooter:
(A)
personally examine the Motorcycle and/or Scooter for the purpose of
verifying the Motorcycle and/or Scooter details (including but not
limited to, the make, model, series, main body colour, month and
year of manufacturer on the compliance plate, engine number, body
type, fuel type and the Vehicle Identification Number (VIN)); and
(B)
confirm the identity of each customer by sighting appropriate proof of
identity evidence documents.
Subject to sub-clause (iv), the Authorised Dealer may only register:
(A)
new Motorcycles and/or Scooters which conform to the
manufacturer's specifications and are fitted with a compliance plate
in accordance with the ADRs; or
(B)
used Motorcycles and/or Scooters, where the used Motorcycle
and/or Scooter:
(i)
has been previously registered within any State or Territory of
Australia;
(ii)
is compliant with the Vehicle Standards Legislation or similar
Act or regulations in that State or Territory; and
(iii)
has been diligently inspected and declared roadworthy,
pursuant to the roadworthy rules of the relevant State or
Territory.
If an Authorised Dealer is authorised to carry out alternative forms of registration
(including but not limited to conditional registration) it must register the specified
1
The process and requirements for Dealers to become an Authorised Dealer differ in each State and Territory. The process and
requirements to register a Motorcycle and/or Scooter differ in each State and Territory. An overview of the laws and registration schemes
are set out in the Annexure 1. The information contained in the Table is subject to change and reference should always be made to legislation
and relevant documents.
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Motorcycles and/or Scooters in accordance with the requirements imposed by the
relevant State and Territory and (if applicable) Dealer Agreement.
(v)
4
The Authorised Dealer must diligently process all registration papers upon
inspection of the Motorcycle and/or Scooter. This includes, but is not limited to:
(A)
ensuring the appropriate person signs the registration papers and
that all the necessary registration papers are signed;
(B)
assessing the required registration fees;
(C)
issuing number plates and registration documents in sequence; and
(D)
ensuring the number plate and the registration number are correctly
attached or affixed to the Motorcycle and/or Scooter.
(vi)
The Authorised Dealer must promptly lodge the registration papers with the
relevant Road Authority.
(vii)
The Authorised Dealer must maintain as part of their transactions register all
completed registration transactions. The register must contain (but is not limited to)
the following information:
(A)
The registered operator(s) of the Motorcycle and/or Scooter;
(B)
Make, model, colour, month and year of manufacture of the
Motorcycle and/or Scooter; and
(C)
VIN and engine number of the Motorcycle and/or Scooter.
(viii)
Subject to sub-clause (vi), all records on the Authorised Dealer's register must be
kept confidential.
(ix)
The Authorised Dealer must keep all registration documents, including but not
limited to number plates, registration labels and application forms in a secure and
safe location.
(x)
In addition to the above requirements, all Authorised Dealers must note and
comply with any additional requirements imposed by a Road Authority and under a
Dealer Agreement.
Determining the Intended Rider of the Motorcycle and/or Scooter
(a)
At the time of sale, the Dealer must determine the identity, age and licence restriction (if
any) of the Intended Rider(s) of the Motorcycle and/or Scooter. It is recommended that
they do this by completing the Motorcycle/Scooter Purchaser Disclosure Form
(Annexure 3).
Adult Riders
(b)
In the event that the Intended Rider(s) of the Motorcycle and/or Scooter is/are absent at
the time of sale, it is recommended that the Dealer have the purchaser complete and sign
the Motorcycle/Scooter Purchaser Disclosure Form (Annexure 3) by which he/she
provides an undertaking that the Intended Rider(s) is/are not an Underage Rider and is
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not under any licence restriction which would prohibit the Intended Rider(s) from operating
the Motorcycle and/or Scooter.
Underage Riders
5
(c)
In the event that the Intended Rider of the Motorcycle and/or Scooter is an Underage
Rider, it is recommended that the Dealer have the purchaser complete and sign the
Motorcycle/Scooter Purchaser Disclosure Form (Annexure 3) in the presence of the
Dealer, by which the Underage Rider's parent or guardian provides written consent for the
purchase of the Motorcycle and/or Scooter for the Intended Rider who is an Underage
Rider.
(d)
If the Intended Rider is absent and is an Underage Rider or does not hold the requisite
licence class for that Motorcycle and/or Scooter, the Dealer is advised to delay selling the
Motorcycle and/or Scooter to the purchaser unless and until it is satisfied that all
requirements of clause 4 have been complied with.
Identity and Licensing
(a)
(b)
The Dealer must enquire as to whether the Intended Rider of the Motorcycle and/or
Scooter:
(i)
validly holds the requisite licence class for the Motorcycle and/or Scooter they
intend to purchase; and
(ii)
take a photocopy of the Intended Rider's motorcycle licence.
In the event that the Intended Rider does not hold the requisite licence class for that
Motorcycle and/or Scooter the Dealer is advised not to sell the Motorcycle and/or Scooter
to that customer, unless it is satisfied that the use of the Motorcycle and/or Scooter will
not breach any law.
Underage Riders
6
(c)
Where the purchaser or the Intended Rider of the Motorcycle and/or Scooter is an
Underage Rider the Dealer must inform them of the Restrictive Riding Scheme (if any)
operating in that jurisdiction.
(d)
The Dealer must have consideration to the Restrictive Riding Scheme when suggesting
appropriate models of Motorcycles and/or Scooters for the Intended Rider.
(e)
The Dealer must not sell a Motorcycle and/or Scooter outside the Restrictive Riding
Scheme to the Intended Rider, unless it is satisfied that the use of the Motorcycle and/or
Scooter will not breach any law.
Modification of Motorcycles and/or Scooters
(a)
Where Vehicle Standards Legislation applies, Dealers must only sell new and secondhand Motorcycles and/or Scooters that are compliant with the Vehicle Standards
Legislation operating in the relevant State or Territory where the sale occurs.
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(b)
Dealers must not modify any Motorcycles and/or Scooters which are included on the
approved Motorcycles and/or Scooters for LAMS in the applicable State or Territory to be
non-LAMS approved Motorcycles and/or Scooters.
(c)
If the Dealer undertakes the requested modification of the Motorcycle and/or Scooter after
registration, it must:
(i)
(ii)
6.1
(A)
effect the operation of the Motorcycle and/or Scooter;
(B)
make the Motorcycle and/or Scooter un-roadworthy and/or un-registrable;
(C)
make the Motorcycle and/or Scooter unsafe for riding and/or unsafe for
other road users on public roads; and/or
(D)
breach existing road safety laws and Vehicle Standards Legislation
required of all Motorcycles and/or Scooters.
ensure that the purchaser understands, and asks the purchaser to sign the
Derestriction and Modification Acknowledgment Form (Annexure 2).
De-restriction of Motorcycle or Scooter
(a)
(b)
6.2
provide the purchaser and the Intended Rider with an Effects of Modification List
(Annexure 4), which sets out modifications which may:
In the event that a purchaser requests a de-restriction of their Motorcycle and/or Scooter
the Dealer must first:
(i)
confirm that the Motorcycle and/or Scooter is to be used for closed circuit and/or
competition riding and/or that the rider can prove that their licence is not restricted;
(ii)
ensure that the purchaser understands, and asks the purchaser to sign the Derestriction and Modification Acknowledgement Form (Annexure 2); and
(iii)
confirm that, in the case of a request to de-restrict an LA category Motorcycle
and/or Scooter, such modification satisfies all tagging requirements to be classed
as an LC category Motorcycle or Scooter.
Where the Motorcycle and/or Scooter is de-restricted in accordance with this clause:
(i)
if the Dealer is an Authorised Dealer, it should be aware or make enquiries with the
relevant Road Authority as to whether the Dealer must advise the Road Authority
of the de-restriction and comply with any additional obligations in relation to the
registration of the Motorcycle and/or Scooter; or
(ii)
if the Dealer is not an Authorised Dealer, the Dealer must advise the purchaser
that he/she is required to contact the relevant Road Authority in their State or
Territory to advise of the de-restriction and may need to comply with additional
requirements regarding the registration of the Motorcycle and/or Scooter.
Motorcycle/Scooter Purchaser Disclosure Form (Annexure 3)
(a)
Irrespective of the purchaser's or Intended Riders' Motorcycle and/or Scooter licence
class, the Dealer must complete the Motorcycle/Scooter Purchaser Disclosure Form
(Annexure 3).
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(b)
7
Failure to complete the Motorcycle/Scooter Purchaser Disclosure Form (Annexure 3) and
to deliver it to the appropriate Member within 72 hours of an oral or written request by the
Member for a copy of the completed Motorcycle/Scooter Purchaser Disclosure Form will
be investigated by the Member.
Provision of Rider Safety DVD
(a)
When the Dealer has sold a Motorcycle and/or Scooter, the Dealer must supply the
Intended Rider with a Rider Safety DVD or, alternatively, provide the Intended Rider with
the relevant website details where the Intended Rider can electronically access the Rider
Safety DVD online.
(b)
In the event that the purchaser is not the Intended Rider of the Motorcycle and/or Scooter
and:
(i)
if the Intended Rider of the Motorcycle and/or Scooter is present at the time of
sale, the Dealer must supply the Intended Rider with the Rider Safety DVD or,
alternatively, provide the relevant website details where the Intended Rider can
electronically access the Rider Safety DVD online; or
(ii)
if the Intended Rider of the Motorcycle and/or Scooter is absent at the time of sale
then the Dealer must obtain the address details of the Intended Rider(s) and send
the Rider Safety DVD or, alternatively, the relevant website details where the
Intended Rider can electronically access the Rider Safety DVD online, by post to
the relevant address of the Intended Rider(s).
8
Conclusion
8.1
Code Revision
8.2
(a)
The Code commences on 15 November 2013. The FCAI will ensure that the Code is
reviewed every three (3) years, and will, if the FCAI consider it necessary, publish a
revised version of the Code and distribute to the Members.
(b)
It is the Member's responsibility to ensure that they are complying with a current version of
the Code.
Contact Information
(a)
Members should contact the Motorcycle Manager at the FCAI (see page i) if they have
any queries in relation to the Code.
(b)
Members should contact the Road Authority for the relevant State and/or Territory if they
have any questions regarding licensing, registration and modification requirements for
Dealers in relation to Motorcycles and/or Scooters.
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Annexure 1
Table
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TABLE
OVERVIEW OF AUSTRALIAN LAWS, RULES AND REGULATIONS WHICH MAY IMPACT DEALERS AT THE TIME OF SALE
WITH RESPECT TO THE REGISTRATION, MODIFICATION AND PROMOTION OF SAFE OPERATION OF MOTORCYCLES
AND/OR SCOOTERS
This Table is current up to 1 November 2013. It should be used as a guide only and is not intended to constitute legal advice. The information contained in this Table is subject to change and reference
should always be made to the legislation and relevant documents.
QLD
Dealers must be
licenced
NSW
ACT
VIC
TAS
SA
Motor Car Traders Act 1986
(Vic) - Part 2 Licensing
Motor Vehicle Traders Act
2011 (Tas) - Part 2
Licensing of Motor Traders
Only dealers of second
hand vehicles. There
are no specific laws
covering the licensing
requirement for motor
dealers selling new
vehicles.
Property Agents and Motor
Dealers Act 2000 (QLD) Chapter 2 - Licensing
Motor Dealers Act
1974 (NSW) - Part 2
Licences
Sale of Motor Vehicles Act 1977
(ACT) - Part 2 Licences to carry
on business as dealer




s 334(1): a person may
not carry on business of a
dealer without holding a
motor dealer's licence.
s 44: sets out eligibility
for motor dealers licence
s 9(1): a person
shall not carry on
the business of a
dealer at any place
of business unless
the person is the
holder of a dealer's
licence granted in
respect of that
place of business.
s 7: a person shall not carry
on the business of a dealer
or hold himself or herself
out as a dealer unless (a) the person is the
holder of a vehicle sale
licence; and
(b) the business is carried
on at premises specified in
the licence as the address
where the person may carry
on that business or partly at
those premises and partly at
premises specified in
another vehicle sale licence
held by the person.

s 7: a person must not
carry on a business of
trading in motor cars
unless that person is the
holder of a motor car
trader's licence.

s 6(1): a person must
not deal in motor
vehicles unless the
person is a licensed
motor vehicle trader.
Second-hand Vehicle
Dealers Act 1995 (SA)

s 7: a person must
not carry on
business, or hold
himself or herself
out, as a dealer
unless licensed
under this Act.
WA
Motor Vehicle
Dealers Act 1973
(WA) - Part II

NT
Consumer Affairs
and Fair Trading Act
1990 (NT) - Part 10
s 15: a person

or a firm who
applies for a
vehicle dealer's
licence and
pays the fee
shall be granted
a licence if, the
person (or in
the case of a

firm all of the
natural persons
(if any) by
whom the firm
is constituted)
is over the age
of 18, is a
person of good
character and
repute and a fit
and proper
person to hold
such a licence
and has
sufficient
resources and
(in the case of a
firm, at least
one of the
natural persons
has) knowledge
of the Motor
Vehicle Dealers
Act 1973.
s 128: person
other than a
licensed dealer
shall not carry
on the business
of a dealer or
hold him or
herself out as a
dealer.
s 132:
application
process to
become a
licenced dealer.
TABLE
AND/OR SCOOTERS
QLD
How is a
"dealer" defined
in your State or
Territory?
Property Agents and Motor
Dealers Act 2000 (QLD) Schedule 2 'motor vehicle
dealer'

s 279(1): a motor
dealer's licence
authorises the holder of
the licence (motor
dealer) to perform certain
activities in the carrying
on of a business of motor
dealing
(a) to acquire, primarily
for resale, used motor
vehicles;
(b) to sell used motor
vehicles;
(c) to sell used motor
vehicles on consignment
as an agent for other for
reward;
(d) to sell a leased motor
vehicle to the lessee
under the terms of the
lease;
(e) to acquire used motor
vehicles, whether or not
as complete units, to
break up for sale as parts;
(f) to sell used motor
vehicles mentioned in
paragraph (e) as parts;
(g) to negotiate, under a
consultancy arrangement,
for a person who is not a
motor dealer or
auctioneer for the
purchase or sale of a
used motor vehicle for
the person.
NSW
ACT
VIC
TAS
SA
Motor Dealers Act
1974 (NSW)
Sale of Motor Vehicles Act 1977
(ACT)
Motor Car Traders Act 1986
(Vic)
Motor Vehicle Traders Act
2011 (Tas)
Second-hand Vehicle
Dealers Act 1995 (SA)



s 4: a dealer
means a person
who carries on the
business of
buying, selling or
exchanging motor
vehicles, but does
not include a
financier.
s 6A(1): a dealer is a person
who buys, sells or
exchanges motor vehicles as
a business, or a person who
sells more than 6 vehicles in
any period of 12 months.
Some exemptions apply. It
does not include a person
whose business is
exclusively for the purpose
of demolishes or dismantles
vehicles, a wholesaler, a car
market operator or a finance
financier or wholesaler.

s 3: a licenced motor

car trader means a
person holding a licence
who otherwise than in
the capacity of an
employee carries on the
business (whether or not
that person carries on any
other business) of trading
in motor cars or holds
out in any way as
carrying on the business
of trading in motor cars;
s 7A(1): a person who
buys, sells or exchanges,
or offers to buy sell or
exchange, 4 or more cars
in any period of 12
months (whether as
principal of agent) is
deemed to be a motor car
trader carrying on the
business of trading in
motor cars.
s 4: subject to limited
exceptions, a person
deals in motor vehicles
if –
(a) the person carries
on, or holds himself or
herself out as carrying
on, a business of
dealing in motor
vehicles; or
(b) the person during
the immediately
preceding 12-month
period buys, sells or
exchanges, or offers to
buy, sell or exchange, a
total of 6 or more
motor vehicles
otherwise than as an
employee of a licensed
motor vehicle trader.

s 3(1): dealer
means a person
who carries on the
business of buying
or selling secondhand vehicles.
WA
NT
Motor Vehicle
Dealers Act 1973
(WA)
Consumer Affairs
(NT) - Part 10


s5: dealer
means
(a) a person
who carries on
any class or
description of (i) business of
buying or
selling vehicle;
or
(ii) acting as an
agent for other
persons in
relation to the
buying or
selling of
vehicles,
(including a
business of
selling vehicles
by auction) that
is prescribed by
regulations
referred to in
s5A; or
(b) a financier;
or
(c) a care hire
operator.
s 125: dealer
means a person
who buys, sells,
offers for sale or
exchanges motor
vehicles as a
business
(whether alone or
in partnership,
and whether or
not as the
person's sole
business) but
does not include:
(a) a person
whose business
consists
exclusively of
buying motor
vehicles for the
purpose of
demolishing or
dismantling
them; or
(b) a financier; or
(c) an exempt
trader.
TABLE
AND/OR SCOOTERS
QLD
Can dealers
register
motorcycles
and/or scooters?
If so, what
authorise this?
NSW
ACT
VIC
TAS
YES.
YES
YES.
YES.
YES.
YES.
Through the Rego Easy
Scheme the State authorises
dealers that meet the
requisite criteria to directly
conduct vehicle registration
transactions through the
Transport Registration and
Integrated Licencing System
(TRAILS) database
maintained by the state.
The state authorises
dealers that meet the
requisite criteria to
transfer and renew
registration of vehicles
using the Dealer
Online (DOL) system.
s27 of the Road Transport
(Vehicle Registration)
Regulation 2000 (ACT) enables
an agent of an individual who is
eligible to be the registered
operator of a registrable vehicle,
or a corporation, to apply to
register a new motorcycle or
scooter on behalf of the
individual or corporation.
The state authorises eligible
dealers to be authorised by
the VicRoads Dealer
Certification Scheme (DCS)
to process vehicle
registrations using the Dealer
on Line system.3 The State,
via VicRoads, delegates this
function to dealers pursuant
to regulation 31 of the Road
Safety (Vehicles) Regulations
2009 (Vic).
The Registrar of Motor
Vehicles is empowered by
s7 of the Vehicle and
Traffic Act 1999 (Tas) to
delegate the administration
of registration of vehicles
to dealers.
The Minister for
Transport, pursuant to
s7 of the Motor
Vehicles Act 1959
(SA), authorises
eligible dealers
(Authorised Agents) to
conduct motor vehicle
registration. The
Registrar of Motor
Vehicles subsequently
grants authority to
Delegates employed
by Authorised Agents
to perform registration
transactions online on
behalf of the
Authorised Agent.5
The State
authorises eligible
dealers to register
vehicles using
Dealer Online,
including, in the
case of factory new
vehicles, once the
dealers are
approved under the
Bulk Licensing
Certification
Scheme.6
 The entry criteria
are detailed in the
Dealer Vehicle
Registration
Scheme (DVRS)
Business Rules. 2
The requirements
include that the
dealer; holds a
dealer licence;
The delegation occurs via
the Dealer Registration
Scheme.4
 has entered into a
Dealer Agreement
with RMS; and
The registration requirements
are outlined in Schedule 2 of
the Easy Business Deed of
Agreement7 and include:
 The Motor Dealers
Guide to Vehicle
Registration8 details
the relevant
are the same as if the individual
or corporation were to apply for
registration themselves. The
are outlined in regulations
24-29 of the Road Safety
(Vehicles) Regulations 2009
A checklist of the
requirements for dealers is
available on the
Department of
s20 of the Motor
Vehicles Act 1959 sets
out what is required in
a registration
See http://www.tmr.qld.gov.au/business-industry/Accreditations/Rego-Easy-Scheme.aspx to download information regarding the "Easy Business Entry and Exit Criteria" and an example of a "Easy Business Deed of Agreement".
See NSW Transport Roads & Maritime Services, Dealer Vehicle Registration Scheme (DVRS) Business Rules - June 2013 (available at http://www.rta.nsw.gov.au/publicationsstatisticsforms/downloads/45071420.pdf).
3
See http://www.vicroads.vic.gov.au/Home/Moreinfoandservices/FinanciersdealersAndFleetOwners/DealeronLineRegistration.htm .
4
The criteria and an overview of the process for dealer registration is available at http://www.transport.tas.gov.au/dealer/dealer_registration_scheme_manual_introduction. A checklist of what is required is available at
http://www.transport.tas.gov.au/dealer/dealer_registration_scheme_manual_checklist
5
SA Department of Planning, Transport and Infrastructure, EzyReg, Frequently Asked Questions (available at https://www.ecom.transport.sa.gov.au/et/help.jsp?page=/faq ).
6
WA Department of Transport, Dealer Online (available at http://www.transport.wa.gov.au/licensing/20508.asp ).
7
See http://www.tmr.qld.go v.au/business-industry/Accreditations/Rego-Easy-Scheme.aspx to download an example of a "Easy Business Deed of Agreement".
2
NT
NO (for new
vehicles)
The State can
authorise dealers to
transfer the
registration of a
motor vehicle which
is already registered,
but does not allow
dealers to register
new vehicles.
Further information is
available at SA
Registration and
Licensing centres and
Service SA centres.
 has staff who are
authorised to
check proof of
identity of
customers.
1
WA
YES.
There are entry criteria for
the Easy Business Scheme,
which allows dealers to
process registration for
vehicles <4.5 tonne GVM
electronically, supported by
the ability to hold and issue
plates, labels and registration
certificates.1
What do the
laws allowing a
dealer to register
motorcycles and
SA
The application for
a vehicle license is
in form MR17.10
Some of the
Section 20(1)(b)
Motor Vehicles Act
authorises a licensed
motor vehicle dealer
TABLE
AND/OR SCOOTERS
scooters
require?
QLD
NSW
 following directives re
the Vehicle Registration
Scheme;
requirements. It
includes: completed
and signed
application for
registration;







8
using number plates /
interim labels in strict
ascending numerical
order;
ensuring insertion of
correct details on the
purchaser's registration
application and ensuring
it is personally signed by
the applicant;
sight and record identity
documents and where
purchaser is a company,
record company number;
ensure that vehicle is
inspected only by an
authorised person
ensure vehicle is fitted
with an approved
compliance plate;
ensure imported vehicles
and documents are
presented for registration
and inspection to a
customer centre;
ensure proper
completion, stamping
and signing of the
inspection certificate
section on purchaser's
 appropriate proof of
identity documents /
company
documents;
 a current inspection
report from an
Authorised
Unregistered
Vehicle Inspection
Station if there is no
RMS issued Road
Vehicle Descriptor
for the vehicle;
 a valid green slip
that matches the
proposed registration
period;
 purchase order or
letter of
authorisation;
 evidence of
eligibility for
concession (if
required); and
 payment of the
relevant registration
fee.
ACT
information that may be
required is at ss28-30 of the
Road Transport (Vehicle
Registration) Regulation 2000
(ACT) including requiring the
following:

an application;

the individual or
corporation's identity and
address;


the identity of the registered
operator of the vehicle;
the proposed garage address
of the vehicle;
 the vehicle complies with the
applicable vehicle standards.
VIC
(Vic)) including requiring:
 an application in the
approved form;
 sighting the identity and
address of the individual
seeking registration;
 the proposed garage
address of the vehicle;
 any transport accident
charges and duty paid or
payable under the Duties
Act 2000 in relation to the
vehicle;
 means by which the
vehicle came into
ownership;
 that the vehicle complies
with the standards for
registration;
 relevant information about
the vehicles particulars and
its intended use;
Infrastructure, Energy &
Resources' website9
including requiring:


sighting and copying
the applicant's evidence
of identity, address &
date of birth;
recording the details of
the designated operator
(including date of birth)
if registered in joint
names;

recording the vehicle
details from the actual
vehicle, not the
paperwork;

verifying the Type
Approval Number;

declaring the market
value;

signing the declaration
on the registration
application form;
 if the vehicle is one of the

following - a used motor
vehicle that is not a
specially constructed motor
vehicle; a used motor
vehicle that is not to be
registered as a recreated
motor cycle - inspection of

vehicle for the purpose of
registration.
See http://www.rta.nsw.gov.au/registration/motordealer.html to download the "Motor Dealers Guide to Vehicle Registration" (October 2013).
See www.transport.wa.gov.au/licensing/20508.asp#20565 to download an "Application to license a vehicle (Form MR17)".
9
See checklist of what is required is available at http://www.transport.tas.gov.au/dealer/dealer_registration_scheme_manual_checklist
10
TAS
sighting proof that the
registered operator is
currently in receipt of a
pension or is on the
Transport Access
Scheme (TAS) if
required;
complete the
appropriate statutory
declaration if registered
SA
application:


full name of the
owner of the
vehicle and
address;
full name of the
operator of the
vehicle and
address;

the garage address
of the vehicle;

provide the
prescribed fee and
appropriate
insurance
premium and
stamp duty (if any)
payable on the
application must
be paid to the
Road Authority.
WA
NT
requirements on the
face of the form
are:
to transfer
registration provided
the following are
given to the Motor
Vehicle Registry
(MVR):

an application
in the approved
form;

a completed
certificate of
inspection;

payment of the
duty.

each number
plate issued in
connection with
the registration
of the motor
vehicle;

certificate of
registration of
the motor vehicle
signed by the
previous owner
on the prescribed
form of
memoranda of
transfers of
registration;

full name and
address of the
new owner;

where the former
owner was not
the true owner of
the vehicle, the
written authority
of the true owner
or of his duly
authorized agent
for the sale or
disposal of the
TABLE
AND/OR SCOOTERS
QLD
NSW
ACT
VIC
TAS
application for
registration form;

ensure correlation
between the applications
and the interim labels
and interim registration
certificate

obtain Compulsory Third
Party Insurance issued
under the provisions of
the Motor Accident
Insurance Act 1994 from
a Licensed Insurer
chosen by the applicant;

What
motorcycle
licence class
restrictions
apply within
your State or
Territory?
assess appropriate
registration fee payable;

ensure correct
attachment of number
plates to the vehicle as
prescribed by the
regulations;

ensure proper remittance
of the applications to the
Department of Transport
and Main Roads.
Transport Operations (Road
Use Management - Driver
Licensing) Regulation 2010
(Qld) - s 4(1), s 4(6), Part 3
and Part 9

There are two classes of
WA
operator is on a
pension, TAS or is a
farmer;
A licensed motor
vehicle dealer can
provide such
information to MVR
provided that they
can provide proof of
identity
demonstrating they
are an agent of the
dealer.
 charge the correct fees;
 issue the plate and label
in numerical sequence;
Road Transport
(Driver Licensing)
Regulation 2008 Parts 2, 3 and 9
 Class R licence.
 All Learner and
Road Transport (Driver
Licensing) Regulation 2000
(ACT) - s7, Table 7


Class R licence
All Learner and Provisional
Road Safety (Drivers)
Regulations 2009 (Vic) - Part
2
 Class R licence
 All Learner and
Probationary
licences are subject

record the correct
details on the interim
label, if you are not
connected to the online system;

complete the daily
summary;

attach the plate and
label to the vehicle.
The Motor Trades
Association of the
Northern Territory
(peak representative
body for the retail
motor trades industry
in the NT) has
entered into an
agreement with the
MVR whereby its
members can apply
for a Dealer
Authorisation
Identity Certificate
which will exempt
them from proving
their identify to the
MVR.
Vehicle and Traffic (Driver
Licensing and Vehicle
Registration) Regulations
2010 - Part 2



Class R licence
NT
vehicle.
 check if registered
operator has a common
expiry date for
registration;
obtain any
documentation relevant
to assessing registration
fee payable for the
vehicle;

SA
Class R licence
Learner’s Permit
(class R-Date)Must attend and
pass "Rider Safe"
There are three
classes:
R-N (moped):

Minimum 15
years and 6
Motor Vehicles
Regulations 1977
(NT)
There are three
classes:
TABLE
AND/OR SCOOTERS
QLD

motorcycle licence class RE and R.11
Class RE licence holders
are limited to LAMS
only.
Class RE (learner licence):
Rider must:
 Have held a provisional
(P1 or P2) or P or O type
licence of another class,
for a minimum period of
12 months (during the 5
years before applying for
a class RE learner
licence).
 Successfully complete a
written road rules test.
 Clearly display L plates
and be supervised (in a
sidecar or from another
vehicle) by a person who
has held a class O licence
for at least 12 months.
Class RE (P1 provisional or
probationary licence)
Before applying a person
must:
 Hold a class RE learner
licence or equivalent
granted outside of
Queensland for at least 6
months during the 2
the licence; and
 Be at least 17 years but
under 25 years at the
time of applying for the
licence or hold] a P1
11
NSW
Provisional
licences are
subject to LAMS.
Learner licence:
Must:
 Be at least 16 years
and 9 months of
age to apply.
 Have completed a
pre-learner course
within 3 months of
applying for
licence.
 Hold for minimum
of 3 months and
valid for 12
months.
 Display L plates.
Provisional (P1 and
P2)
Must:
 Pass preprovisional course
or riding test;
 Display P Plates.
 Provisional (PI)
rider licence - hold
licence for
minimum 12
months (valid for
18 months);
 Provisional (P2)
rider licence - hold
licence for
minimum of 12
months.
 display P plates
ACT
licences are subject to
LAMS.
Learner Motorcycle Licence
If learner already holds an ACT
Licence, learner:



Must be at least 16 years
and nine months old.
Must complete a PreLearner Rider Training
course with Stay
Upright.
Must complete a Road
Ready Learner Licence
Course, including a
computerised
knowledge test on the
ACT Road Rules, if you
learner does not hold a
current ACT Licence.
Provisional Motorcycle
Licence:


Must hold Learner
Motorcycle Licence for
at least 3 months and be
at least 17 years old.
If learner does not
already hold a Full ACT
Licence, must hold
provisional Motorcycle
Licence for 3 years. If
learner holds a Full
Licence, must hold
Provisional Licence for
12 months.
VIC
to LAMS
Motorcycle Learner Permit
 Must be at least 18 years
of age and Victorian
resident.
 Pass certain tests
including Practical
Riding Test.
 Permit allows you to
learn to ride on the road
under certain restrictions
and conditions.
 Permit is valid for 15
months or until you
obtain a motorcycle
licence.
 If you do not obtain a
licence before your
learner permit expires,
you will need to be
retested to have another
learner permit. Cannot
tow a trailer.
TAS
SA
Learner





Need to pass the PreLearner Motorcycle
training course.
At least 16 years and 6
months
Need to pass Driver
Knowledge Test.
Hold your learner
licence for a minimum
of 6 months (valid for
12 months).
LAMS applies .
Provisional P1
 Need to pass the PreProvisional Motorcycle
Course
 Minimum age of 17
years.
 Must hold for at least
12 months
 LAMS applies.



Provisional P2
Probationary licence
 Must hold a learner
permit continuously for
at least 3 months in the
period immediately prior
to applying for a
motorcycle licence.
 If under 21 – P1 for one
year, then P2 for three
years.
 If over 21 – P2 for three
years only
 If you already have a
probationary car licence-

Class held for different
time periods depending
on age of P2
attainment:
18 under
23
2 years
23 under
25
12 months or
until 25
(whichever is
longer)

compulsory
training course and
theory test.
Minimum 16 years
of age to obtain
learning permit
and 17 to obtain
licence.
If no driver's
licence is held:
- if you are under
the age of 25 you
must have held
your learner's
permit for at least
12 months.
- If you are aged
25 or over you
must have held
your learner's
permit for at least
6 months.
You must hold
your learner
motorbike license
for a minimum of
6 months before
you can progress
to your provisional
license.
LAMS applies.
Provisional
Motorbike License /
R-Date License (P1/P2)

Minimum 16.5
years old

Must have
WA
months
NT
R(L)(r)'Learner'

Must:
Sit and pass a
motorcycle
 Be over 16 and
theory test
parental consent
consisting of 35
needed if under
multiple-choice
17.
questions that
relate to
 Pass a theory test
general road
based on NT
rules.
Road Laws.

Must sit and
pass practical
driving
assessment at
16 years of age.

Progress from
learners moped
licence to
provisional
moped licence,
meaning rider
can ride
unsupervised.
R-E (learner's
permit)

Minimum age
17 yrs.

A LAMS
approved
motorcycle is
required.

Learner's
permit first
(need
supervision).

Pass a Balance
and Stability
practical riding
test (Motorcycle
Operator Skills
Test (MOST)),
or pass the
Motorcyclist
Education
Training and
Licensing
(METAL) Basic
course.

Hold “R(r)”
Learner Licence
for a minimum
of 6 consecutive
months.
 Ride only LAMS
approved vehicle.
R(r) – "restricted
rider"
Must:

Pass practical
riding test or
The Queensland Government is currently considering changes to the motorcycle licensing process following the release of a parliamentary inquiry into motorcycle licensing on 22 October 2012 (see http://www.tmr.qld.gov.au/Safety/Motorcycle-safety/Motorcycle-safety-initiatives.aspx ).
TABLE
AND/OR SCOOTERS
QLD

provisional or
probationary licence of
another class or a drivers
licence granted outside
Queensland that
corresponds to a P1
provisional or
probationary licence; or
Have, within 5 years
before applying for the
licence, held a class RE
P1 type licence.
Class RE (P2 provisional or
must:
 Have been granted a
class RE P1 type licence
when the person was
under 24 and holds a
class RE P1 licence for
the last 12 months; or
 Be at least 25 and holds a
RE learner licence or
equivalent granted
outside of Queensland
for at least 6 months
during the 2 years before
applying for the licence;
or holds a competency
declaration for a class
RE motorbike.
 Have, within 5 years
P2 type licence and has
held an RE licence for
the last 6 months at least
during last 2 years.
 Hold a driver licence
granted outside
NSW
ACT
VIC
Class R (full licence)
 Riders must have
been on a
provisional licence
for a minimum of
three years with
the same P1 and
P2 phases as car
drivers to
transition to a full
licence;
 People 25 years
and older can
apply for
exemption for P2
stage provided that
they hold a current
Australian
unrestricted driver
licence; have
completed a
minimum of 12
months on a P1
licence; and meet
all other licensing
requirements.

a probationary motor
cycle licence class is
added to your existing
licence.
A person who has held a
motorcycle licence for a
period of less than 12
months
Motor cycle licence - R
 If you already have a full
car licence – a full motor
cycle licence class is
added to your existing
licence. However, all
newly licensed riders are
subject to certain
restrictions and
conditions for the first 12
months from the date of
issue.
TAS
Over
25
SA
completed the
Rider Safe
Advanced Course.
12 months
Full Licence
 When P2 period ends
person will become a
full licence holder.



WA

To progress from
P1 to P2 must pass
the Hazard
Perception Test
after at least one
year on P1.
P1 - For the first
year LAMS
applies.

Provision licence
is held for 2 years
or until rider
reaches 19 years of
age, whichever is
longer.

R-Class License
To progress
from learners
permit to
learners licence
need to pass
theory test, 25
hours of
supervised
riding and
practical
driving
assessment.
To progress
from Learners
to Provisional
Licence need to
pass hazard
perception test.
Provisional
Licence (able
to ride
unsupervised) will have a
provisional
licence for 2
years or until
you reach the
age of 19
(whichever
period is
longer).

Must be at least 19
years old.

Once you have
held your R-Date
license for a period
of 12 months you
may then apply for
an unrestricted RClass license.
With this License
you will be able to R class
ride any motorbike
 Must have held
that you choose.
R-E licence for
12 months).
If holding a WA
full car licence and
pass theory and
NT
METAL as
replacement.

Licence applies
for 12 months,
before automatic
progression to
"R".
R – full motorcycle
licence.
TABLE
AND/OR SCOOTERS
QLD
Queensland that
corresponds to a class
RE learner licence for at
least 6 months of last 2
years and holds a
competency declaration
for a class RE
motorcycle, or has,
within 5 years before
applying for the licence,
held for at least 1 year a
provisional, probationary
or restricted licence of
another class, including
non-Queensland
equivalents.
 Have within 5 years
P2 type licence.
Class RE (P provisional or
must:
licence and hold a P type
licence of another class
for at least 6 months
during the 2 years before
applying for the licence
or hold a competency
declaration for a class
RE motorbike; or
 Hold an equivalent
licence granted outside
of Queensland to a class
RE learner licence and
holds a P type licence of
another class for at least
6 months during the 2
NSW
ACT
VIC
TAS
SA
WA
practical test in R-E
or R class, licence
will be upgraded to
include new class.
NT
TABLE
AND/OR SCOOTERS
QLD
the licence or hold a
for a class RE motorbike;
or
 Have, within 5 years of
applying for the licence,
held an RE P type
licence of another class
or RE O type licence that
has been cancelled.
Class RE (open licence)
must:
licence for at least 6
months during the 2
the licence or hold a
for a class RE motorbike
and holds an O type
licence of another class;
or
 Hold a class RE P1 type
licence which was
granted when the person
was at least 24 years but
under 25 years and hold
a class RE (P1) licence
for at least 1 year; or
 Have, within 5 years of
applying for licence,
have held a class RE P1
type licence granted to
the person at 24 but
under 25 years that has
been cancelled and hold
a RE P1 type licence for
at least 1 year; or
 Hold a class RE P2 type
licence for at least (if the
NSW
ACT
VIC
TAS
SA
WA
NT
TABLE
AND/OR SCOOTERS
QLD
person was granted a
class RE (P1) type
licence when the person
was under 23 and a class
RE (P2) when the person
was under 25 years) - 2
years or otherwise 1
year; or
licence, have held a class
RE (P2) type licence that
has been cancelled, holds
a class RE (P2) licence
for at least (if the person
was granted a class RE
(P1) type licence when
the person was under 23
and the cancelled licence
when the person was
under 25 years, and the
balance of the 2 year
period for holding the
cancelled licence has not
expired before the
licence was cancelled is
more than 1 year) - the
balance of the 2 year
period or otherwise 1
year; or
 Hold a class RE P licence
for at least the required
period for holding the
licence; or
licence, have held a class
RE P type licence that
has been cancelled and
hold a class RE P type
licence and has, since the
cancellation of the
NSW
ACT
VIC
TAS
SA
WA
NT
TABLE
AND/OR SCOOTERS
QLD
licence mentioned in
subparagraph (i), held a
class RE P type licence
for at least if the person
was granted the licence
mentioned in
subparagraph (i) when
the person was under 24
years, and the balance of
the required period for
holding the licence that
had not expired before
the licence was cancelled
is more than 1 year—the
balance of the required
period or otherwise—1
year; or
O type licence that has
not been cancelled; or
O type licence that has
been cancelled and holds
a class RE P type licence
and has since the
cancellation of the
P type licence for at least
1 year.

S64(1): A person on a
class RE motorbike must
not ride on a road with a
passenger unless the
person holds a class RE
or R (P1, P2, P) or open
licence for at least 1 year
(some exception for
NSW
ACT
VIC
TAS
SA
WA
NT
TABLE
AND/OR SCOOTERS
QLD
NSW
ACT
VIC
TAS
SA
WA
NT
supervision of learners)
Class R (open licence)
 Before applying for a
class R licence an
applicant must have held
a class RE licence of the
same type for a
minimum period of 12
months in the last 5
years.
 At any point after the 12
month RE licence period
an applicant can apply
for a class R licence.
 An applicant need a class
R licence to ride a bike
that is not in the LAM
list.
 S64(2): A person on a
class R motorbike must
not ride on a road with a
passenger unless the
person holds a class R
(P1, P2, P) or open
licence for at least 1 year
(some exceptions for
learners)
What (if any)
speed
restrictions
apply for your
licence class in
your State and
Territory?
*Note: The
licence class
speed
restrictions are
RE: No restriction.
R: No restriction.
Learner: Cannot ride
over 80 km/h.
Provisional:
 No faster than 90
km/h on a P1
 No faster than 100
km/h on a P2.
Full licence: No
restriction.
Learner: No restriction.
Learner: No restriction.
Provisional: No restriction.
Probationary: No
restriction.
Full licence: No restriction.
Full licence: No restriction.
Learner: Cannot ride over
80km/h
P1: Cannot ride over
80km/h.
P2: No restriction
Full Licence: No
restriction.
Learner permit:
Cannot ride over
80km/h.
R-Date Class: Cannot
ride over 100km/h.
Full: No restriction.
Posted speed limit
Learner: Cannot
ride over 100km/h
R-N: Cannot ride
over 50km/h.
R-E: No
restriction.
R: No restriction.
R(L)(r): Cannot ride
over 80km/h.
R(r): No restriction
R: No restriction.
R(m): Class also
possible to acquire,
however same
minimum
requirements as car
TABLE
AND/OR SCOOTERS
QLD
NSW
ACT
VIC
TAS
SA
WA
subject to the
maximum speed
limits for
roads/road
related areas
which are
imposed by each
State/Territory.
Can restricted
licence riders
carry pillion
passengers in
your State and
Territory?
NT
class.
Depends on licence class.
Transport Operations (Road
Use Management—Driver
Licensing) Regulation 2010 s 64
Learner: No pillion
passengers.
RE: Yes, but only after
holding licence for one year.
R: Yes, but only after
holding licence for one year.
Moped riders who do not
hold either a class RE or R
licence are not permitted to
carry a pillion passenger.
Moped riders who hold a
class RE or R licence and
have held it for 12 months
can carry pillion passengers.
Pillion passengers must be at
least 8 years of age.
Depends on licence
class.
Learner: No pillion
passengers.
Provisional:
 P1 – no pillion
passengers.
 P2 – Yes.
Full licence: Yes.
Depends on licence class.
Depends on Licence class.
Depends on Licence class.
Learner: No pillion passengers.
Learner: No pillion
passengers.
Learner: No pillion
passengers, other than if the
person has held a
motorcycle licence for at
least 3 years and is riding
pillion in order to instruct
the rider.
Provisional: No pillion
passengers within first 12
months.
Full licence: Yes.
Probationary: No pillion
months.
Full licence: No pillion
months.
.
Depends on Licence
class.
Depends on
Licence class.
Depends on Licence
class.
R-N (moped only):
All learners must
always have
another motorcycle
rider either with
you on the bike or
riding next to you.
R(L)(r): No pillion
passengers.
Full Licence: Yes.
Learner riders: Are
not permitted to carry
a pillion passenger
unless the person is
acting as a Qualified
Supervising Driver
who has held a current
unconditional
(unrestricted) Class R
licence for the
preceding 2 years.
Pillion passengers must be
at least 8 years of age.
Provisional and full
licence riders: Yes.
P1: No pillion passengers.
P2: Yes
R-E: Yes.
R: Yes.
Once have full
licence, pillion
passengers allowed.
R(r): No pillion
passengers for the
first 12 months.
R: Yes.
TABLE
AND/OR SCOOTERS
QLD
Do scooter LA
licence class
provisions
operate in your
State or
Territory?
LA category
scooters or
mopeds must:
 Not exceed
50km/h via a
tamperproof
speed limiting
device; and
 Have an
engine size
under 50cc.
NSW
ACT
VIC
TAS
SA
WA
NT
YES
NO.
NO.
NO.
NO.
YES.
YES.
YES.
Mopeds
 In QLD a moped is
classified as a
motorcycle with an
engine capacity that does
not exceed 50 mL and
has a manufacturer’s top
rated speed of not more
than 50 km/h.
 To ride a moped in
Queensland you must, at
a minimum, hold a class
C licence. You can have
a RE licence (learner) if
learning on a moped.
There is no LA licence
provision. However, a
motorcycle licence is
required irrespective
of engine size or ADR
category.
motorcycle licence is required
irrespective of engine size or
ADR category.
required irrespective of
engine size or ADR category.
required irrespective of
engine size or ADR
category.
The holder of any
class of SA driver's
licence can ride a
moped as long as the
moped is registered,
insured and compliant
with ADR.
R-N class covers
mopeds with
maximum engine
capacity of 50cc.
and restricts top
speed to 60km/h
(not 50km/h as in
LA category).
For an LA category
scooter only a full
car licence is
required (Car
Licence Rule).
Scooters
 Scooters are not
specifically defined in
QLD legislation,
however, if the engine
capacity or top rated
speed exceeds the
specifications for a
moped, the motorcycle is
often referred to as a
scooter.
 To ride a scooter that
exceeds 50 mL engine
capacity and/or 50 km/h)
in QLD you will be
required to hold either a
class RE or R licence
depending on the
performance capabilities
of the motorcycle
 If the scooter is LAM
scheme approved, you
will be required to hold,
at a minimum, a class RE

Riders of
automatic
motorcycles under
160ml are exempt
from the preprovisional course.
 However, they are
required to attend
and pass the prelearner course and
the 'Motorcycle
Operator Skills
Test' (MOST).
Riders of automatic
motorcycles larger
than 160ml will have
their licence endorsed
with a condition: “May
only ride automatic
motorcycles”. This
condition will be valid
until an unrestricted
licence is issued.
The holder of a
learner's permit cannot
ride a moped unless
the permit is for RDATE or R-class.
For this category of
scooter a full car
licence is sufficient.
TABLE
AND/OR SCOOTERS
QLD

Does a Learner
Approved
Motorcycle
Scheme
(LAMS) operate
in your State or
Territory?
NSW
ACT
VIC
TAS
SA
WA
NT
licence.
Scooters that are not
LAM scheme approved
will require the rider to
hold a class R
motorcycle licence.
YES.
YES.
YES.
YES.
YES.
YES.
YES
YES.
LAMS (150 kW/t) and
maximum engine capacity of
660cc applies to all RE
licence drivers.
The LAM scheme
applies to learner,
provisional P1 and P2
riders.
The LAM scheme allows
novice riders to ride
moderately powered
motorcycles.
The LAM scheme applies
to learner, provisional P1
and P2 riders.
Further information on the
LAMS scheme can be found
at
http://www.tmr.qld.gov.au/S
afety/Motorcyclesafety/Learner-ApprovedMotorcycle-Scheme.aspx
The LAM scheme
allows novice riders to
ride moderately
powered motorcycles.
These motorcycles
must be:
(ACT has implemented a slightly
different model of LAMS that is
based solely on power-to-weight
ratio: no 660ml upper limit is
applied)
LAMS (150kw/t) and
maximum engine
capacity of 660cc
applies to all learner
and R-Date categories.
A list of approved
motorcycles is
available on the SA
road authority website.
Restrictions on R-E
class motorcycle
licence holders they can only ride
motorcycles that
have:
LAMS (150kw/t) and
maximum engine
capacity of 660cc
applies to R(L)(r)
and R(r) categories.


listed in the
publication of
'Approved
Motorcycles for
Novice Riders'
published on
Roads and
Maritime Services
website; and
have an engine
capacity up to and
including 660ml
and do not exceed
a power to weight
ration of 150kw/t.
Further information on
LAMS can be found at
http://www.rms.nsw.g
ov.au/licensing/downl
LAMS (150kw/t) restriction
only to learner and "novice'
motorcycle riders. A driver is a
"novice" if they have a
provisional motorcycle licence
but have had it less than 12
months. However provisional
period last 3 years if rider holds
no prior class of licence.
Further information on LAMS
can be found at
http://www.rego.act.gov.au/licen
sing/licencemotorcycrestrict.htm
The list (available on the
VicRoads website) is
primarily determined by
assessing:
The LAM scheme allows
novice riders to ride
moderately powered
motorcycles. These
motorcycles must be:



the power-to-weight ratio
and engine capacity of
motorcycles.
If the power-to-weight
ratio of a motorcycle
exceeds 150 kilowatts
per tonne or the engine
capacity exceeds 660cc,
the motorcycle will not
be included on the list.
http://www.vicroads.vic.gov.
au/Home/Licences/OtherLice
nces/MotorcycleLicences/Ap
provedmotorcyclesfornovicer
iders.htm

listed in the publication
of 'Approved
Motorcycles for Novice
Riders' published on
Roads and Maritime
Services website; and
have an engine capacity
up to and including
660ml and do not
exceed a power to
weight ration of
150kw/t.
http://www.transport.tas.go
v.au/licence_information_f
older/motorcycle_learner_li
cence
http://www.sa.gov.au/s
ubject/Transport%2C+
travel+and+motoring/
Motoring/Motorcyclin
g/Motorcycles/Learner
+approved+motorcycl
es

a power-toweight ratio not
exceeding 150
kilowatts per
tonne (kW/t);
and

maximum
engine capacity
not exceeding
660cc.

The LAMS
approved
motorcycles list
from the
website of the
Department of
Transport at
www.transport.
wa.gov.au/lams
Further information
on LAMS can be
found at
https://www.transp
The LAMS
motorcycles list is on
MVR Information
Bulletin L39 - List of
Approved
Motorcycles http://www.transport.
nt.gov.au/mvr/licensi
ng/lams
TABLE
AND/OR SCOOTERS
QLD
NSW
ACT
VIC
TAS
SA
oads/lams_list.pdf
Are dealers
required to
check
restrictions on
riders' licence
class (if any)?
WA
NT
ort.wa.gov.au/licen
sing/26649.asp
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
There is no general
requirement to check the
purchaser’s licence.
There is no general
requirement to check
the purchaser’s
licence.
There is no general requirement
to check the purchaser’s licence.
Road Safety (Vehicles)
Regulations 2009 (Vic)
contain no provision that
motorcycles and scooters
must be registered to an
individual with a driving
license.
There is no general
requirement to check the
There is no general
the purchaser’s
licence.
There is no general
requirement to
check the
There is no general
the purchaser’s
licence. However,
s166 of the
Consumer Affairs
1990 (NT) states that
it is an offence for a
licensed dealer to sell
a second hand
motorcycle to a
person under 18
without the consent
in writing of that
person's
parent/guardian. It is
a defence, if
proceedings are
brought, that the
dealer believed on
reasonable grounds
that the person was
18.
However dealer must get written
parental consent before selling
to /purchasing from a person
who is apparently under 18
years old: s.19 Sale of Motor
Vehicles Act 1977 (ACT)
TABLE
AND/OR SCOOTERS
QLD
Are dealers
restricted in being
able to modify
motorcycles and
scooters (defined
as "vehicles" in
legislation)?12
ACT
VIC
TAS
SA
WA
NT
YES.
YES.
YES.
YES.
YES.
YES.
YES.
YES.
New motorcycles and
scooters must comply with
the ADR at sale.
New motorcycles and
scooters must comply
with the ADR at sale.
New motorcycles and scooters
must comply with the ADR at
sale.
New motorcycles and
the Australian Design Rules
ADR at sale.
New motorcycles and
the ADR at sale.
New motorcycles and
scooters must comply
with applicable ADRs
at sale.
New motorcycles
and scooters must
comply with the
ADR at sale.
New motorcycles
and scooters must
comply with ADR at
sale.
The Vehicle Standards are
implemented in Queensland
as Schedule 1 of the
Transport
Operations (Road Use
Management - Vehicle
Standards and Safety)
Regulation 1999 (Qld).
The Vehicle Standards
are implemented in
New South Wales as
schedule 2 of the Road
Transport (Vehicle
Registration)
Regulation 2007
(NSW).
implemented in the ACT as
Schedule 1 of the Road
Transport
(Vehicle Registration)
Regulation 2000 (ACT).
The Vehicle Standards
are implemented in
South Australia by the
Road Traffic (Vehicle
Standards) Rules 1999
(SA).
These standards are
implemented in the
Western Australian
Road Traffic
(Vehicle Standards)
Rules 2002 (WA) Part 3.
Any motorcycle or scooter
intending to be registered
must have a safety certificate
from an authorised inspector
and comply with the ADR.
The Vehicle
Standards are
implemented in the
Northern Territory as
Schedule 6 of the
Motor Vehicles
(Standards)
Regulations (NT).
Vehicle standards
information sheets can
be found at http://www.rms.nsw.g
ov.au/registration/dow
nloads/vsi/vsi_dl1.htm
l
Any modification to LAMS
approved motorcycle must be
notified to the Road
Authority (the motorcycle
may no longer comply under
the scheme and registration
will need to reflect this).
vehicle standards and
modifications can be found at
http://www.tmr.qld.gov.au/S
afety/Vehicle-standards-andmodifications.aspx
12
NSW
Any motorcycle or
scooter intending to be
registered must have a
safety certificate from
an authorised inspector
and comply with the
ADRs.
Any modification to
LAMS approved
motorcycle must be
Authority (the
motorcycle may no
longer comply under
the scheme and
registration will need
to reflect this).
implemented in Victoria as
schedule 2 of the Road Safety
(Vehicles) Regulations 2009
(VIC).
Vehicle standards
information can be found at
Vehicle standards and
www.vicroads.vic.gov.au/Ho
modification information can be me/SafetyAndRules/SaferVe
found at:
hicles/VehicleDesignStandar
http://www.rego.act.gov.au/regis dsAndAccessories/VehicleSt
trations/regomain.htm
andardsInformation.htm
notified to the Road Authority
(the motorcycle may no longer
comply under the scheme and
registration will need to reflect
this).
may no longer comply under
the scheme and registration
will need to reflect this).
implemented in Tasmania
as the Vehicle and Traffic
(Vehicle
Standards) Regulations
2001 (TAS).
Vehicle standards
information can be found at
http://www.transport.tas.go
v.au/vehicle_specifications
approved motorcycle must
be notified to the Road
may no longer comply
under the scheme and
registration will need to
reflect this).
Vehicle standards and
modification
information can be
found at:
http://sa.gov.au/subject
/Transport,+travel+and
+motoring/Motoring/V
ehicles+and+registrati
on/Vehicle+standards+
and+modifications
Any modification to
LAMS approved
motorcycle must be
Authority (the
motorcycle may no
longer comply under
the scheme and
to reflect this).
Vehicle standards
and modification
information can be
found at:
http://www.transpo
rt.wa.gov.au/licensi
ng/20404.asp
Any modification
to LAMS approved
motorcycle must be
Authority (the
motorcycle may no
longer comply
under the scheme
and registration
will need to reflect
this).
Vehicle standards
and modification
information can be
found at:
http://www.transport.
nt.gov.au/mvr/standa
rds
Any modification to
LAMS approved
motorcycle must be
Authority (the
motorcycle may no
longer comply under
the scheme and
to reflect this).
See also National Code of Practice for Light Vehicle Construction and Modification at http://www.infrastructure.gov.au/roads/vehicle_regulation/bulletin/vsb_ncop.aspx, Section LL" Motorcycles and Three Wheeled Vehicles" sets out the technical requirements that need to be met when
modifying or constructing a vehicle. It does not cover the administrative requirements.
TABLE
AND/OR SCOOTERS
Ref:
Annexure 2
De-restriction and Modification Acknowledgement Form
Industries
27
Practice
De-restriction and Modification Acknowledgment Form
Note: Part A and B may be used together if there is a de-restriction and other modification. If only one of A or B applies, delete
the non-applicable Part.
Part A (to be used if only a de-restriction is applied)
I acknowledge and fully understand that:
1.
I have a licence class that allows the de-restriction I have requested.
2.
*(a)
I am responsible for ensuring that the relevant Road Authority in my State/Territory is
advised of the de-restriction and to comply with any additional requirements of the Road Authority
in relation to the valid registration of the Motorcycle and/or Scooter and to denote that my
Motorcycle and/or Scooter has been derestricted; or
*(b)
I give permission to the Dealer to notify the Road Authority in my State/Territory of the derestriction undertaken and details of my Motorcycle and/or Scooter. I will ensure that I comply
with any additional requirements of the Road Authority which are required in relation to the derestriction.
[*elect option 2(a) or (b) and delete as applicable]
3.
I requested the de-restriction and will bear all risks relating to the de-restriction.
4.
the Dealer did not recommend the de-restriction and has directed my attention to the risks of
using a de-restricted motorcycle/scooter and I confirm that I am the sole intended rider of my derestricted motorcycle/scooter.
5.
the derestriction may affect my ability to make a claim under the applicable manufacturer's
warranty for the motorcycle/scooter.
Part B (to be used if only a modification is applied)
I acknowledge and I fully understand that:
1.
modifications to the motorcycle/scooter such as:
(a)
parts that are added, replaced, adjusted or removed from the motorcycle/scooter; and/or
(b)
service activities which are undertaken on the motorcycle/scooter;
may affect the performance of the motorcycle/scooter.
2.
the parts listed below as added, replaced or adjusted on the motorcycle/scooter may not be
designed, intended or approved for use on public roads.
3.
the service activities listed below which I have undertaken or requested to be undertaken on the
motorcycle/scooter may have the affect of improving the performance of the motorcycle/scooter
therefore changing the original manufacturer's specification of the motorcycle/scooter and it may
no longer comply with applicable Australian Design Rules or various Motor Traffic Regulations for
motor vehicles, therefore rendering my motorcycle/scooter no longer legal for use on public
roads.
4.
in either purchasing and fitting or removing myself, or purchasing and requesting fitment or
removal of these parts to my motorcycle/scooter it may de-restrict the exhaust and or air intake
system and fuel injection system of my motorcycle/scooter, therefore changing the original
manufacturer's specification of the motorcycle/scooter and it may no longer comply with
applicable Australian Design Rules or various Motor Traffic Regulations
for motor vehicles, therefore rendering my motorcycle/scooter no longer
legal for use on public roads.
5.
as the listed parts and/or service activities may not be designed, intended or approved for use on
public roads, such use of the motorcycle/scooter with these parts fitted, removed or with these
service activities undertaken on the motorcycle/scooter on public roads is done so entirely at my
risk.
6.
the Dealer did not recommend the modifications to me and has brought my attention to the risks
of using a modified motorcycle/scooter and I confirm that I am the sole intended rider of my
modified motorcycle/scooter.
7.
the modifications may affect my ability to make a claim under the applicable manufacturer's
warranty for the motorcycle/scooter.
Make of Motorcycle:
Model & Year:
Mileage:
Vin No.
Engine No.
Reg No:
Parts list (parts
added, replaced
or adjusted):
Part Number:
Description:
Part Number:
Description:
Part Number:
Description:
Part Number:
Description:
Part Number:
Description:
Service
activities:
Type of service:
Description:
Type of service:
Description:
Type of service:
Description:
Type of service:
Description:
Type of service:
Description:
Customer's Name:
(please print)
Customer's Signature as confirmation:
Date:
Job or Repair Order No:
kms
Annexure 3
Industries
30
Practice
1
1.1
1.2
Motorcycle Purchased
Make/Year
Capacity:
1.3
1.4
1.5
LAMS or Non-LAMS
Type:
Dirtbike
Road/Sports
Vin No:
2
2.1
Purchaser Information (the person who is buying the motorcycle):
Name:
2.2
Address:
2.3
Driver's Licence Number (if any):
3
3.1
Intended Rider Licensing Information (the person that will operate the motorcycle or scooter):
Name:
3.2
or, as above (Purchaser)
Address:
3.3
3.4
3.5
3.6
3.7
3.8
cubic centimetres (cc)
Cruiser
Racebike
Kilowatts per tonne (kw/t)
Road/Trail
Scooter/Moped
Other
or, as above (Purchaser)
Does the rider of the motorcycle or scooter hold a current motorcycle licence?
Yes – go to 3.4
No – go to Section 3.9
What type of licence does the rider have? (Learner/Probationary/Full):
Do engine capacity restrictions apply to the rider's licence?
If yes: no more than
cc
No
Does the rider's licence restrict the power to weight ratio?
No more than 150 kw/t
No
Does the rider's licence restrict the speed at which the rider can operate the motorcycle or scooter?
Yes: no more than
km/h
No
Does the motorcycle or scooter you are purchasing contravene any of these or other restrictions placed by the
rider's licence?
Yes – go to Section 3.9
No
3.9
YOU ARE NOT PERMITTED BY LAW TO OPERATE THE PURCHASER'S MOTORCYCLE OR SCOOTER ON PUBLIC
2
LAND, PUBLIC ROADS OR PUBLIC ROAD RELATED AREAS
3.10
Has the Dealer provided the purchaser and (if another person) the intended rider each with a copy of the Rider
Safety Instruction Kit?
Yes
No
Signed by Purchaser
Name of Purchaser
Signed by Intended Rider
Name of Intended Rider
DATED:
2
Riders should be aware of safe driving practices and should always refer to applicable road laws and rules before operating
motorcycles/scooters. Please note references to what is considered a public road, land or related areas may differ between States.
Annexure 4
Effects of Modification List
Industries
32
Practice
EFFECTS OF MODIFICATION LIST
Modifications which require consideration on behalf of the customer which may:
 effect the operation of the Motorcycle/Scooter;
 make the motorcycle/scooter un-roadworthy and/or unregisterable;
 make the motorcycle/scooter unsafe for riding and/or unsafe for other road users
on public roads; and/or
 breach existing road safety laws and Vehicle Standards Legislation.
Many modifications which are commonly available for motorcycles/scooters vary the product from the
original specification and design as approved under the Road Vehicle Certification System.
These types of modifications are not authorised by the Motorcycle Group of the Federal Chamber of
Automotive Industries to be applied to newly delivered motorcycles nor endorsed for used motorcycles.
Set out below is a non-exhaustive list of modifications and the principle areas of effect.
Area of Modification
Principle areas of effect
Fitment of alternative tyres of either different model and/or brand
Fitment of non-standard tyre sizes
Varying the tyre pressures outside of those recommended on the
motorcycles tyre size recommendation
Altering the suspension system oil volume and or viscosity outside
of those recommended within the respective workshop manual
Fitment of additional or alternative steering damping devices
Vehicle dynamics including:
Traction, Brakes, Stability and
Handling
Altering the suspension spring/s from those installed as original
equipment for that model
Fitment of alternative ergonomic devices such as foot pegs,
floorboards, seats and handlebars
Fitment of additional or alternative luggage carrying devices
Fitment of alternative handlebar ends
Fitment of alternative air deflection systems such as fairings, wheel
guards and screens
Fitment of Fender eliminator systems or the removal of rear mud
flaps
Fitment of alternative lighting devices either as additional or
replacement to original equipment lighting devices
Fitment of electronic devices for communication, theft protection
and navigation purposes
Fitment of alternative induction and exhaust systems
Stability and Handling
Stability, Handling and weather
control
Vehicle conspicuousness, rider
visibility, electrical load and reliability
Electrical load and system reliability
Vehicle exhaust gas emissions, noise
Fitment of alternative powertrain management systems such as
engine management, cruise control and transmission management
(quick shift) etc…
emissions, driveline durability, rider
input response and overall vehicle
control
Altering the gearing of the motorcycle through the fitment of
alternative diameter drive components such as sprockets or pulleys
Vehicle noise emissions, driveline
durability, rider input response,
speedometer accuracy and overall
vehicle control
Fitment of non-genuine replacement parts such as brake pads,
levers, grips and mirrors etc…
The fitment of alternative or modification of suspension and
steering systems such as front forks, triple clamps, rear linkages
and rear damping units etc…
Vehicle safety, performance,
reliability and durability
Stability and Handling
Modifications undertaken on Motorcycles which are condemned by Motorcycle manufactures.
Fitment of towbars
Modifying the geometry of the motorcycle
These modifications are
considered extreme and
should in no way be
considered.
Modifications of a cosmetic nature
Fitment of alternative graphics and decals
Repainting of panels suiting the owners personal preferences
Fitment of items whose effect is only of cosmetic nature
Fitment of paint and panel surface protection covers
These modifications usually
have no impact on the
operation of the motorcycle

Code of Practice - Motorcycle and Scooter Industry Best Practice

Transcription

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