VIEWS: 1 PAGES: 2 POSTED ON: 4/9/2012
[QUOTE=Ric Cary]Regarding QLD and registration on "closed roads" if this is true a member of the Constabulary with time/quota or a bee in his bonnet could have a field day because unless the road is ( I think the term is Gazetted) all blanket speed and road rules can and should be enforced or do you guys up there trundle around in stage using your indicator at every junction and stopping to give way to the Right. Once you have left the designated "Special Stage" that is when your registration/permit/ctp is required be it on the tar or still in the Forest the whole Forest as I'm sure you are aware is not "closed' only the designated competition route[/QUOTE] This is a little off track – but I think it’s a useful line of discussion – and whilst what I am about to quote is from Qld legislation I think the issue may be mirrored in other states as there is a national standard on this stuff these days but I will check when I get the time on the good old internet. A road doesn’t have to be gazetted to be a road, a road is actually any thoroughfare used by or for the passage of vehicles. Hence the beach on Fraser being a road and subject to the machinations of the Transport operations (Road use management) Act and the accompanying Transport Operations (Road use Management - Road Rules) Regulation. road— (a) includes a busway under the Transport Infrastructure Act 1994; and (b) includes an area that is— (i) open to or used by the public and is developed for,or has as 1 of its uses, the driving or riding of motor vehicles, whether on payment of a fee or otherwise; or (ii) dedicated to public use as a road; but (c) does not include an area declared under a regulation not to be a road. So a piece of forest that has a rally car driving on it is ipso facto a road. The issue of the application of Road Rules then needs to be considered. In normal circumstances a piece of road and more importantly vehicle users on the piece of road must comply with of the TO RUM Road Rules Regulation. As for road rules “can and should be enforced” in the forest - ah no, thats one of the reasons we have a police permit to conduct the rally, it obviates the need for compliance with the Road Rules Regulation. So the issue of normal speed limits etc are provided for under the provisions of the issue of a permit, but those provisions do not provide for not having a registered vehicle. In so far as registration is concerned items below are from the Transport Operations (Road Use Management – Vehicle Registration Regulation). The fundamental impact in so far as I see them are as long as there is full disclosure about the intended use then you can use the vehicle lawfully in accordance with the conditions of the permit. Having said that – the application form component regarding conditions is included below and is quite specific – the UVP will be conditional on point to point driving. So I suspect that if I lob at the Transport office and ask for a permit to go rallying they would not entertain it as it immediately breaches the standard 1 st condition. Like I said at the start, I am not trying to put the kybosh on this on nay say it. I just think it’s worth understanding the actual reality and certainly in my view its worth ensuring each state rally panel has a clear view on the issue and can guide event secretarys scrutineers and the like. Vehicles used on roads must be registered A person must not use, or permit to be used, on a road a vehicle that is not a registered vehicle unless— (a) under section 12A or 13, the vehicle is being driven or towed to where it is to be inspected; or (b) the vehicle is being used under an unregistered vehicle permit under section 50; or (c) the vehicle is being used under the authority of a dealer plate under section 52; or (d) the use of the vehicle on the road is authorised under section 60;2 or (e) the vehicle is being used under an authorisation issued under section 62;3 or (f) the vehicle is being used under a permit issued under section 63;4 or (g) the vehicle is an exempt vehicle. 50 Unregistered vehicle permits (1) The chief executive may authorise the use of an unregistered vehicle on a road by issuing an unregistered vehicle permit for the vehicle. (2) An applicant for the permit must apply to the chief executive in the approved form, accompanied by— (a) the relevant fee; and (b) an insurance certificate under the Motor Accident Insurance Act 1994 for the vehicle for the proposed term of the permit. (3) The chief executive may issue the permit for the term, which must not be longer than 7 days, and on the reasonable conditions, stated in it. (4) If the permit is issued on conditions, it is void if the conditions are contravened. (5) A person to whom an unregistered vehicle permit is issued must ensure that, whenever the vehicle is being used under the permit on a road— (a) if the vehicle is a motorbike or a vehicle that may be conditionally registered—the driver carries the permit; or (b) if the vehicle is a trailer—the permit is carried in the vehicle towing the trailer; or (c) otherwise—the permit is attached to the vehicle in the way required under section 33 as if it were a registration label. (6) The chief executive may not issue an unregistered vehicle permit for a vehicle that— (a) does not conform with a vehicle law; or (b) is recorded in the register, or in a register kept under a corresponding law to this regulation, as a written-off vehicle.
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