Code of Practice Motorcycle and Scooter Industry Best Practice of Practice... · Federal Chamber of Automotive Industries Motorcycle and Scooter Code of Practice ii Effective date

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


Motorcycle and Scooter Code of Practice

i

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


Motorcycle and Scooter Code of Practice

ii

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 four-wheel-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

John Sample Group

http://www.aprilia.com.au

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

http://www.motorcycles.bmw.com.au/

http://www.brp.com/

http://www.ducati.com.au/

http://www.harley-davidson.com/

http://www.hondamotorcycles.com.au/

http://www.aprilia.com.au/

http://www.kawasaki.com.au/

http://www.hyosung.com.au/

http://www.triumphmotorcycles.com.au/

http://www.piaggio.com.au/

http://www.suzuki.com.au/

http://www.yamaha-motor.com.au/

Ref:


1 Motorcycle and Scooter Code of Practice

Contents

Paragraph

Number Heading Page

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 9 Table

Annexure 2 27 De-restriction and Modification Acknowledgement Form

Annexure 3 30 Motorcycle/Scooter Purchaser Disclosure Form

Annexure 4 32 Effects of Modification List



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



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.



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) 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.

(ii) 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.

(iii) 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.

(iv) 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.



Motorcycles and/or Scooters in accordance with the requirements imposed by the

relevant State and Territory and (if applicable) Dealer Agreement.

(v) 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.

4 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



not under any licence restriction which would prohibit the Intended Rider(s) from operating

the Motorcycle and/or Scooter.

Underage Riders

(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.

5 Identity and Licensing

(a) 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.

(b) 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

(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.

6 Modification of Motorcycles and/or Scooters

(a) Where Vehicle Standards Legislation applies, Dealers must only sell new and second-

hand Motorcycles and/or Scooters that are compliant with the Vehicle Standards

Legislation operating in the relevant State or Territory where the sale occurs.



(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) provide the purchaser and the Intended Rider with an Effects of Modification List

(Annexure 4), which sets out modifications which may:

(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.

(ii) ensure that the purchaser understands, and asks the purchaser to sign the Derestriction and Modification Acknowledgment Form (Annexure 2).

6.1 De-restriction of Motorcycle or Scooter

(a) 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 De-

restriction 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.

(b) 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.

6.2 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).



(b) 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.

7 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

(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.

8.2 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.



Annexure 1

Table

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 NSW ACT VIC TAS SA WA NT

Dealers must be

licenced

Property Agents and Motor

Dealers Act 2000 (QLD) -

Chapter 2 - Licensing

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

Motor Dealers Act

1974 (NSW) - Part 2

Licences

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.

Sale of Motor Vehicles Act 1977

(ACT) - Part 2 Licences to carry

on business as dealer

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.

Motor Car Traders Act 1986

(Vic) - Part 2 Licensing

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.

Motor Vehicle Traders Act

2011 (Tas) - Part 2

Licensing of Motor Traders

s 6(1): a person must

not deal in motor

vehicles unless the

person is a licensed

motor vehicle trader.

Only dealers of second

hand vehicles. There

are no specific laws

covering the licensing

requirement for motor

dealers selling new

vehicles.

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.

Motor Vehicle

Dealers Act 1973

(WA) - Part II

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.

Consumer Affairs

and Fair Trading Act

1990 (NT) - Part 10

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




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.

Motor Dealers Act

1974 (NSW)

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.

Sale of Motor Vehicles Act 1977

(ACT)

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.

Motor Car Traders Act 1986

(Vic)

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.

Motor Vehicle Traders Act

2011 (Tas)

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.

Second-hand Vehicle

Dealers Act 1995 (SA)

s 3(1): dealer

means a person

who carries on the

business of buying

or selling second-

hand vehicles.

Motor Vehicle

Dealers Act 1973

(WA)

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.

Consumer Affairs


(NT) - Part 10

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.

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Can dealers

register

motorcycles

and/or scooters?

If so, what

authorise this?

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.

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

YES.

The state authorises

dealers that meet the

requisite criteria to

transfer and renew

registration of vehicles

using the Dealer

Online (DOL) system.

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;

has entered into a

Dealer Agreement

with RMS; and

has staff who are

authorised to

check proof of

identity of

customers.

YES

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.

YES.

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).

YES.

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 delegation occurs via

the Dealer Registration

Scheme.4

YES.

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

Further information is

available at SA

Registration and

Licensing centres and

Service SA centres.

YES.

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

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.

What do the

laws allowing a

dealer to register

motorcycles 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

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

1 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". 2 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".

http://www.tmr.qld.gov.au/business-industry/Accreditations/Rego-Easy-Scheme.aspx

http://www.rta.nsw.gov.au/publicationsstatisticsforms/downloads/45071420.pdf

http://www.vicroads.vic.gov.au/Home/Moreinfoandservices/FinanciersdealersAndFleetOwners/DealeronLineRegistration.htm

http://www.transport.tas.gov.au/dealer/dealer_registration_scheme_manual_introduction

http://www.transport.tas.gov.au/dealer/dealer_registration_scheme_manual_checklist

https://www.ecom.transport.sa.gov.au/et/help.jsp?page=/faq

http://www.transport.wa.gov.au/licensing/20508.asp

http://www.tmr.qld.gov.au/business-industry/Accreditations/Rego-Easy-Scheme.aspx

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scooters

require?

following directives re

the Vehicle Registration

Scheme;

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

requirements. It

includes: completed

and signed

application for

registration;

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.

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)) 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;

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.

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;

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

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.

requirements on the

face of the form

are:

an application

in the approved

form;

a completed

certificate of

inspection;

payment of the

duty.

to transfer

registration provided

the following are

given to the Motor

Vehicle Registry

(MVR):

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

8 See http://www.rta.nsw.gov.au/registration/motordealer.html to download the "Motor Dealers Guide to Vehicle Registration" (October 2013). 10 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

http://www.rta.nsw.gov.au/registration/motordealer.html

http://www.transport.wa.gov.au/licensing/20508.asp#20565

http://www.transport.tas.gov.au/dealer/dealer_registration_scheme_manual_checklist

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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;

obtain any

documentation relevant

to assessing registration

fee payable for the

vehicle;

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.

operator is on a

pension, TAS or is a

farmer;

check if registered

operator has a common

expiry date for

registration;

charge the correct fees;

issue the plate and label

in numerical sequence;

record the correct

details on the interim

label, if you are not

connected to the on-

line system;

complete the daily

summary;

attach the plate and

label to the vehicle.

vehicle.

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.

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.

What

motorcycle

licence class

restrictions

apply within

your State or

Territory?

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

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

Vehicle and Traffic (Driver

Licensing and Vehicle

Registration) Regulations

2010 - Part 2

Class R licence

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:

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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

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 pre-

provisional 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

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 Pre-

Learner 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.

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.

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-

Learner

Need to pass the Pre-

Learner 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 Pre-

Provisional Motorcycle

Course

Minimum age of 17

years.

Must hold for at least

12 months

LAMS applies.

Provisional P2

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

months

Sit and pass a

motorcycle

theory test

consisting of 35

multiple-choice

questions that

relate to

general road

rules.

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).

R(L)(r)'Learner'

Must:

Be over 16 and

parental consent

needed if under

17.

Pass a theory test

based on NT

Road Laws.

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

11 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 ).

http://www.tmr.qld.gov.au/Safety/Motorcycle-safety/Motorcycle-safety-initiatives.aspx

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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.




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

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.

Over

25 12 months

Full Licence

When P2 period ends

person will become a

full licence holder.

completed the

Rider Safe

Advanced Course.

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

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 R-

Class license.

With this License

you will be able to

ride any motorbike

that you choose.

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).

R class

Must have held

R-E licence for

12 months).

If holding a WA

full car licence and

pass theory and

METAL as

replacement.

Licence applies

for 12 months,

before automatic

progression to

"R".

R – full motorcycle

licence.

TABLE


AND/OR SCOOTERS




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


practical test in R-E

or R class, licence

will be upgraded to

include new class.

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AND/OR SCOOTERS




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

TABLE


AND/OR SCOOTERS




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

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AND/OR SCOOTERS




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

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AND/OR SCOOTERS




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.

Provisional: No restriction.

Full licence: No restriction.

Learner: No restriction.

Probationary: 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




subject to the

maximum speed

limits for

roads/road

related areas

which are

imposed by each

State/Territory.

class.

Can restricted

licence riders

carry pillion

passengers in

your State and

Territory?

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.

Learner: No pillion passengers.

Provisional: No pillion

passengers within first 12

months.

Full licence: Yes.

Depends on Licence class.

Learner: No pillion

passengers.

Probationary: No pillion


months.

Full licence: No pillion


months.

.

Depends on Licence class.

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.

P1: No pillion passengers.

P2: Yes

Full Licence: Yes.

Pillion passengers must be

at least 8 years of age.

Depends on Licence

class.

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.

Provisional and full

licence riders: Yes.

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-E: Yes.

R: Yes.

Once have full

licence, pillion

passengers allowed.

Depends on Licence

class.

R(L)(r): No pillion

passengers.

R(r): No pillion

passengers for the

first 12 months.

R: Yes.

TABLE


AND/OR SCOOTERS




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.

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.

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

NO.

There is no LA licence

provision. However, a

motorcycle licence is

required irrespective

of engine size or ADR

category.

Riders of

automatic

motorcycles under

160ml are exempt

from the pre-

provisional course.

However, they are

required to attend

and pass the pre-

learner 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.

NO.



motorcycle licence is required

irrespective of engine size or

ADR category.

NO.




required irrespective of

engine size or ADR category.

NO.




required irrespective of

engine size or ADR

category.

YES.

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.

The holder of a

learner's permit cannot

ride a moped unless

the permit is for R-

DATE or R-class.

YES.

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 this category of

scooter a full car

licence is sufficient.

YES.

For an LA category

scooter only a full

car licence is

required (Car

Licence Rule).

TABLE


AND/OR SCOOTERS




licence.

Scooters that are not

LAM scheme approved

will require the rider to

hold a class R

motorcycle licence.

Does a Learner

Approved

Motorcycle

Scheme

(LAMS) operate

in your State or

Territory?

YES.

LAMS (150 kW/t) and

maximum engine capacity of

660cc applies to all RE

licence drivers.

Further information on the

LAMS scheme can be found

at

http://www.tmr.qld.gov.au/S

afety/Motorcycle-

safety/Learner-Approved-

Motorcycle-Scheme.aspx

YES.

The LAM scheme

applies to learner,

provisional P1 and P2

riders.

The LAM scheme

allows novice riders to

ride moderately

powered motorcycles.

These motorcycles

must be:

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

YES.

(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) 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

YES.

The LAM scheme allows

novice riders to ride

moderately powered

motorcycles.

The list (available on the

VicRoads website) is

primarily determined by

assessing:

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

YES.

The LAM scheme applies

to learner, provisional P1

and P2 riders.

The LAM scheme allows

novice riders to ride

moderately powered

motorcycles. These

motorcycles must be:

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

YES.

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.



http://www.sa.gov.au/s

ubject/Transport%2C+

travel+and+motoring/

Motoring/Motorcyclin

g/Motorcycles/Learner

+approved+motorcycl

es

YES

Restrictions on R-E

class motorcycle

licence holders -

they can only ride

motorcycles that

have:

a power-to-

weight 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

YES.

LAMS (150kw/t) and

maximum engine

capacity of 660cc

applies to R(L)(r)

and R(r) categories.

The LAMS

motorcycles list is on

MVR Information

Bulletin L39 - List of

Approved

Motorcycles -

http://www.transport.

nt.gov.au/mvr/licensi

ng/lams

http://www.rms.nsw.gov.au/licensing/downloads/lams_list.pdf


http://www.rego.act.gov.au/licensing/licencemotorcycrestrict.htm

http://www.rego.act.gov.au/licensing/licencemotorcycrestrict.htm

http://www.vicroads.vic.gov.au/Home/Licences/OtherLicences/MotorcycleLicences/Approvedmotorcyclesfornoviceriders.htm





http://www.transport.tas.gov.au/licence_information_folder/motorcycle_learner_licence




http://www.sa.gov.au/subject/Transport%2C+travel+and+motoring/Motoring/Motorcycling/Motorcycles/Learner+approved+motorcycles







http://www.transport.wa.gov.au/lams

http://www.transport.wa.gov.au/lams

https://www.transport.wa.gov.au/licensing/26649.asp

TABLE


AND/OR SCOOTERS




oads/lams_list.pdf ort.wa.gov.au/licen

sing/26649.asp

Are dealers

required to

check

restrictions on

riders' licence

class (if any)?

NO.

There is no general

requirement to check the

purchaser’s licence.

NO.

There is no general

requirement to check

the purchaser’s

licence.

NO.

There is no general requirement

to check the purchaser’s licence.

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)

NO.

Road Safety (Vehicles)

Regulations 2009 (Vic)

contain no provision that

motorcycles and scooters

must be registered to an

individual with a driving

license.

NO.

There is no general

requirement to check the


NO.

There is no general


the purchaser’s

licence.

NO.

There is no general

requirement to

check the


NO.

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.




TABLE


AND/OR SCOOTERS




Are dealers

restricted in being

able to modify

motorcycles and

scooters (defined

as "vehicles" in

legislation)?12

YES.

New motorcycles and

scooters must comply with

the 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).

Any motorcycle or scooter

intending to be registered

must have a safety certificate

from an authorised inspector

and comply with the ADR.

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-and-

modifications.aspx

YES.

New motorcycles and

scooters must comply

with the ADR at sale.

The Vehicle Standards

are implemented in

New South Wales as

schedule 2 of the Road

Transport (Vehicle

Registration)

Regulation 2007

(NSW).

Vehicle standards

information sheets can

be found at -

http://www.rms.nsw.g

ov.au/registration/dow

nloads/vsi/vsi_dl1.htm

l

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).

YES.

New motorcycles and scooters

must comply with the ADR at

sale.


implemented in the ACT as

Schedule 1 of the Road

Transport

(Vehicle Registration)

Regulation 2000 (ACT).

Vehicle standards and

modification information can be

found at:

http://www.rego.act.gov.au/regis

trations/regomain.htm



notified to the Road Authority

(the motorcycle may no longer

comply under the scheme and

registration will need to reflect

this).

YES.

New motorcycles and


the Australian Design Rules

ADR at sale.


implemented in Victoria as

schedule 2 of the Road Safety

(Vehicles) Regulations 2009

(VIC).

Vehicle standards

information can be found at

www.vicroads.vic.gov.au/Ho

me/SafetyAndRules/SaferVe

hicles/VehicleDesignStandar

dsAndAccessories/VehicleSt

andardsInformation.htm





may no longer comply under

the scheme and registration

will need to reflect this).

YES.

New motorcycles and


the ADR at sale.


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).

YES.

New motorcycles and

scooters must comply

with applicable ADRs

at sale.

The Vehicle Standards

are implemented in

South Australia by the

Road Traffic (Vehicle

Standards) Rules 1999

(SA).

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).

YES.

New motorcycles

and scooters must

comply with the

ADR at sale.

These standards are

implemented in the

Western Australian

Road Traffic

(Vehicle Standards)

Rules 2002 (WA) -

Part 3.

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).

YES.

New motorcycles

and scooters must

comply with ADR at

sale.

The Vehicle

Standards are

implemented in the

Northern Territory as

Schedule 6 of the Motor Vehicles

(Standards)

Regulations (NT).

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).

12See 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.

http://www.tmr.qld.gov.au/Safety/Vehicle-standards-and-modifications.aspx



http://www.rms.nsw.gov.au/registration/downloads/vsi/vsi_dl1.html




http://www.infrastructure.gov.au/roads/vehicle_regulation/bulletin/vsb_ncop.aspx

TABLE


AND/OR SCOOTERS



Ref:



Annexure 2

De-restriction and Modification Acknowledgement Form

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 de-

restriction 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 de-

restriction.

[*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 de-

restricted 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: kms

Vin No. Engine No. Reg No:

Parts list (parts added, replaced or adjusted):

Part Number: Description:





Service activities:

Type of service: Description:





Customer's Name:

(please print)

Customer's Signature as confirmation:

Date: Job or Repair Order No:



Annexure 3

Motorcycle/Scooter Purchaser Disclosure Form

Motorcycle/Scooter Purchaser Disclosure Form

1 Motorcycle Purchased

1.1 Make/Year

1.2 Capacity: cubic centimetres (cc)

1.3 LAMS or Non-LAMS Kilowatts per tonne (kw/t)

1.4 Type: Dirtbike Cruiser Road/Trail Scooter/Moped

Road/Sports Racebike Other

1.5 Vin No:

2 Purchaser Information (the person who is buying the motorcycle):

2.1 Name:

2.2 Address:

2.3 Driver's Licence Number (if any):

3 Intended Rider Licensing Information (the person that will operate the motorcycle or scooter):

3.1 Name:

or, as above (Purchaser)

3.2 Address:

or, as above (Purchaser)

3.3 Does the rider of the motorcycle or scooter hold a current motorcycle licence?

Yes – go to 3.4

No – go to Section 3.9

3.4 What type of licence does the rider have? (Learner/Probationary/Full):

3.5 Do engine capacity restrictions apply to the rider's licence?

If yes: no more than cc

No

3.6 Does the rider's licence restrict the power to weight ratio?

No more than 150 kw/t

No

3.7 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

3.8 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

LAND, PUBLIC ROADS OR PUBLIC ROAD RELATED AREAS2

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

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

Vehicle dynamics including: Traction, Brakes, Stability and Handling

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

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 Vehicle dynamics including: Stability and Handling

Fitment of alternative air deflection systems such as fairings, wheel guards and screens Vehicle dynamics including:

Stability, Handling and weather control 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

Vehicle conspicuousness, rider visibility, electrical load and reliability

Fitment of electronic devices for communication, theft protection and navigation purposes

Electrical load and system reliability

Fitment of alternative induction and exhaust systems 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…

Vehicle safety, performance, reliability and durability

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 dynamics including: Stability and Handling

Modifications undertaken on Motorcycles which are condemned by Motorcycle manufactures.

Fitment of towbars

These modifications are considered extreme and should in no way be considered.

Modifying the geometry of the motorcycle

Modifications of a cosmetic nature

Fitment of alternative graphics and decals These modifications usually have no impact on the operation of the motorcycle

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

Documents

Code of Practice Motorcycle and Scooter Industry Best Practice of Practice... · Federal Chamber of Automotive Industries Motorcycle and Scooter Code of Practice ii Effective date