Motor vehicle repairers - legal definitions

Definitions

The following are definitions from the Motor Vehicle Repairers Act 2003 and the Motor Vehicle Repairers Regulations 2007 and the Motor Vehicle Repairers Amendment Regulations 2008.

Accessory  

When used in connection with a motor vehicle, includes an accessory originally fitted to the vehicle in the course of manufacturing the vehicle, but does not include -

(a) a component that forms, or will form, part of any of the following of the vehicle and, but for this definition, would be an accessory:  the

  • fuel system;
  • air induction system;
  • engine;
  • ignition system;
  • engine management system;
  • cooling system;
  • driveline;
  • electronic drive management system;
  • braking system;
  • steering system;
  • suspension system;
  • exhaust system;

or

(b) an air conditioning system that is, or is to be, fitted to the vehicle.

Apprentice

means an apprentice (including a person on probation) under the Industrial Training Act 1975.

AUR05

means version 1 of the training package AUR05 entitled Automotive Industry Training Package Retail, Service and Repair, published by Australian Training Products Ltd.

AUR99    

means version 1, 2, 3, or 4 of the training package AUR99 entitled Automotive Industry National Training Package - Retail, Service and Repair Sector, published by Australian Training Products Ltd.

Autogas system

when used in connection with a motor vehicle, means any vehicle fuelled by the following: a

(a) a compressed natural gas (or CNG) fuel system;
(b) a liquefied natural gas (or LNG) fuel system;
(c) a liquefied petroleum gas (or LPG) fuel system;
(d) a hydrogen (or H2) gas fuel system.

Class E permit or authorisation  

in relation to a type of gas fuel system, means a permit, or authorisation, as defined in the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999:

(a) that is of a grade designated as Class E under those regulations; and
(b) under which the holder is authorised to do gasfitting work on that type of gas fuel system.

Driveline

when used in connection with a motor vehicle, means the following in the propulsion system of the vehicle -

(a) for a motor vehicle described in paragraph (a) of the definition of "motor cycle" -

  1. any clutch operating system and clutch assembly;
  2. the transmission;
  3. any drive chain, drive belt or drive shaft;
  4. any wheel assembly component that forms part of the propulsion system;

(b) for any other motor vehicle -

  1. any clutch operating system and clutch assembly;
  2. the transmission;
  3. any tail shaft;
  4. the final drive assembly (whether or not its differential is integrated with the transmission).

Electrical accessory

means an off the shelf accessory that is designed to be fitted to a motor vehicle principally by way of electrical connection, such as an immobiliser, audio or audio-visual equipment, spotlights, a horn, an electric winder for a window, a navigation system or a parking sensor.

Emergency servicing or repair    

when used in connection with a thing diagnosed as the cause or possible cause of the breakdown of a vehicle, means servicing, or repair, that is on-the-spot and of a minor nature and that a person providing a breakdown service is reasonably expected to be required to carry out for the purpose of restoring, or attempting to restore, the vehicle’s mobility, including, if applicable, any of the following:

(a) carrying out minor electrical servicing and minor electrical repair;
(b) cleaning or lubricating the thing or any of its components;
(c) replenishing any oil, lubricant, coolant or other liquid that requires replenishment;
(d)  replacing the thing or any of its component;
(e)  tightening or otherwise adjusting the thing or any of its component, but not including refuelling a vehicle that has run out of fuel.

Exclusions from definition of "motor vehicle" (Regulations s.4)    

Each of the following is excluded from the definition of "motor vehicle" in the Act section 3(1):

  1. a box-trailer without brakes;
  2. a vintage vehicle;
  3. a power assisted pedal cycle;
  4. an exempt motorised wheelchair.

Exempt motorised wheelchair    

means a motorised wheelchair:

  1. that is fitted with 3 or more wheels; and
  2. for which a vehicle licence is not required under the Road Traffic Act while the vehicle is being used on a road.

Fabricate    

when used in conjunction with a thing or system, means to fabricate the thing or system otherwise than in the course of manufacturing a motor vehicle to which the thing or system is to be fitted.

Final drive assembly    

when used in connection with a motor vehicle, means the following in the propulsion system of the vehicle -

  1. the differential;
  2. the drive shafts.
  3. any wheel assembly component that forms part of the propulsion system.

Gas fuel system    

means any of the following types of system:

  1. a compressed natural gas (or CNG) fuel system;
  2. a liquefied natural gas (or LNG) fuel system;
  3. a liquefied petroleum gas (or LPG) fuel system;
  4. a hydrogen (or H2) fuel system.

Gross vehicle mass of a motor vehicle

means the maximum loaded mass of the vehicle:

  1. as specified by the manufacturer; or
  2. as specified by the relevant authority if -
    1. the manufacturer has not specified a maximum loaded mass; or
    2. the manufacturer cannot be identified; or
    3. the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate.

Heavy vehicle

means a motor vehicle that has a gross vehicle mass of more than 8000kg.

Ignition system

does not include an immobiliser.

Install    

when used in conjunction with a thing or system, means:

  1. to install the thing or system in a motor vehicle otherwise than in the course of manufacturing the vehicle; and
  2. to ensure that the thing or system operates properly, including repairing it if necessary.

Light vehicle

means a motor vehicle, not being a motor cycle, that has a gross vehicle mass of not more than 8000kg.

Mechanical accessory    

  1. means an off the shelf accessory that is designed to be fitted to a motor vehicle principally by way of mechanical connection (whether or not the fitting also requires any electrical connection), such as a towbar, protection bar, sunroof, roof-rack, wheel-chair lift or winch; and
  2. includes any electrical component associated with the accessory.

Minor electrical repair

means replacing a fuse, bulb or terminal, carrying out wiring repairs or otherwise rectifying any open circuit, short circuit or earthing faults.

Minor electrical servicing    

means any of the following:

  1. replacing a spark plug or spark plug lead;
  2. charging or replacing a battery.

Motor cycle    

means a:

  1. a motor vehicle that is designed to travel on 2 wheels, or, with a sidecar attached, 3 wheels; or
  2. a motor vehicle -
    1. that has 3 wheels arranged so that the axis of rotation of 2 wheels lies on the same straight line and each of those 2 wheels is equidistant from the 3rd; and
    2. that is designed to be steered using a handlebar and to have a significant portion of its controls on the handlebar.

Motor Vehicle (Motor Vehicle Repairers Act 2003 s.3)    

means a vehicle that is propelled wholly or partly by: 

(a) any volatile spirit, steam, gas, oil or electricity; or

(b) any other means apart from human or animal power,

and includes a trailer, but does not include:

(c) a vehicle that is constructed or adapted:

  1. for use on a railway or tramway;
  2. principally for use in primary production; or
  3. otherwise for use in a manner that does not involve the carriage of persons or goods over public roads;

or

(d) anything that is excluded from this definition as stated in "Exclusions from definition of "motor vehicle". (Regulations s.4).

Moveable glass

means a component, in the body of a motor vehicle, that is made wholly or partly of glass and:

  1. is designed to be capable of having the position of the component or the glass adjusted; or
  2. is an accessory.

Number of repairers of an applicant for a business licence or renewal of a business licence    

means the number of full-time equivalent individuals that the applicant employs, or proposes to employ, to carry out or supervise repair work in connection with the business to which the application relates; but not including any apprentice or trainee.

Overhaul    

means

  1. when used in conjunction with a thing:
    1. to dismantle the thing; and
    2. to reassemble it after reconditioning or replacing its components so that the useful life of the thing is comparable to its useful life when it was new;
  2. when used in connection with a system:
    1. to dismantle the system; and
    2. to dismantle any thing in the system; and
    3. to reassemble the thing after reconditioning or replacing its components so that the useful life of the thing is comparable to its useful life when it was new; and
    4. to reassemble the system.

Power assisted pedal cycle

means a vehicle designed to be propelled through a mechanism operated solely by human power, to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding 200 watts.

Prescribed accessory    

means any of the following:

  1. an electrical accessory;
  2. a mechanical accessory;
  3. any of the following accessories (whether off the shelf or custom-made), including any electrical component associated with the accessory -
    1. a moveable platform designed to raise and lower things being loaded onto or unloaded from a heavy vehicle or light vehicle;
    2. a canopy;
    3. a tray, a tray lid or tray liner;
    4. a tool rack;
    5. a side step;
    6. a storage drawer;
    7. shelving.

Relevant authority    

when used in connection with the gross vehicle mass of a motor vehicle means:

(a) if:

  1. the vehicle has never been licensed or registered but the vehicle is used or is intended to be used in this State; or
  2. the vehicle was last licensed in this State, the chief executive officer of the department of the Public Service principally assisting in the administration of the licensing provisions of the Road Traffic Act; or

(b) if the vehicle was last licensed or registered in another State or Territory - the authority in that State or Territory whose functions most nearly correspond to those of the chief executive officer mentioned in paragraph (a).

Repair 

when used in connection with a thing or system, means:

  1. to diagnose and detect any fault, or to detect any damage, in the thing or system; and
  2. to rectify the fault or mend the damage, including, if applicable, replacing the thing or system or any of its components.

Repairer of a licensee

means an individual employed by the licensee, whether on a full-time, part-time or casual basis, to carry out or supervise repair work in connection with the business to which the licence relates;
but does not include an apprentice or trainee. 

Retrofit an air conditioning system

means to modify the air conditioning system so it uses another coolant as required under the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 of the Commonwealth.

Service

when used in conjunction with a thing or system, means to maintain the thing or system in order to maximise its useful life, including, if applicable, any of the following:

  1. cleaning or lubricating any of its components;
  2. replenishing or replacing any oil, lubricant, coolant or other fluid that requires periodic replenishment or replacement;
  3. replacing any of its components that requires periodic replacement;
  4. tightening or otherwise adjusting any of its components that requires periodic adjustment.

Trainee

means a trainee (including a person on probation) under a traineeship scheme as defined in the Industrial Training Act 1975.

Unless contrary intention appears (Regulations s. 3(2))    

In a definition in subregulation 3(1), unless the contrary intention appears:

(a) a reference to an engine that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) is a reference to the internal combustion engine, and any electric motor, in the propulsion system of the vehicle ;

(b) a reference to any of the following systems that is, was, or may be fitted to, a motor vehicle (whether or not those words are expressly used) is a reference to such a system that is associated with the internal combustion engine in the propulsion system of the vehicle:

  1. a fuel system;
  2. an air induction system;
  3. an ignition system
  4. an engine management system;
  5. a cooling system;
  6. an exhaust system.

(c ) a reference to any of the following things or systems that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) is a reference to such a thing or system in the propulsion system of the vehicle:

  1. a driveline;
  2. a transmission;
  3. a final drive assembly (whether or not its differential is integrated with a transmission);
  4. an electronic drive management system;

(d) a reference to the fuel system in a motor vehicle:

  1. does not include a reference to a gas fuel system; and
  2. if the fuel system consists partly of a gas fuel system, is a reference only to the part of the fuel system that is not a gas fuel system;

(e) a reference to modifying a fuel system in a motor vehicle does not include a reference to converting the fuel system to a gas fuel system or to a system that consists partly of a gas fuel system.

(f) a reference to modifying a gas fuel system in a motor vehicle includes a reference to converting the gas fuel system -

  1. to a fuel system that is not a gas fuel system; or
  2. to a system that consists partly of a gas fuel system.

(g) a reference to a thing or system that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) includes a reference to any electrical or other part of the thing or system (including any accessory that forms part of the thing or system).

(h) a reference to any electrical equipment or system, electrial component or electrical part includes a reference to any electronic equipment or system, electronic component or electronic part, as the case requires.

Unless contrary intention appears (Regulations s.3(3))  

Without limiting the generality of a definition in subregulation 3(1), unless the contrary intention appears, a reference to any work required in connection with a thing or system that is, was, or may be fitted to, a motor vehicle (whether or not those words are expressly used) includes a reference to any of the following that is required:

(a) checking the condition and operation of the thing or system by looking at it, listening to it, measuring it or testing it;

(b) disconnecting and reconnecting any electrical circuit;

(c) removing the thing or system or any other thing or system from, and refitting it to, the vehicle.

Vintage vehicle  

means a vehicle that displays the description "veteran", "vintage", "post-vintage" or "invitation class" above its number plate as required by the department of the Public Service principally assisting in the administration of the licensing provisions of the Road Traffic Act.

"Veteran vehicle" means manufactured before and including 1918.

"Vintage vehicle" means manufactured between 1919 and 1930.

"Post-vintage vehicle" means manufactured between 1931 and 1949.

"Invitation class vehicle" means manufactured after 1949 but also more than 25 years old.

Work prescribed NOT to be repair work (Act section 5) (Regulations s.6)

Each of the following kinds of work is prescribed not to be repair work for the purposes of the Act:

  1. washing or otherwise cleaning or polishing a motor vehicle for the sole purpose of improving its appearance;
  2. installing, removing, repairing or otherwise working on a refrigeration unit in a refrigerated trailer;
  3. installing, removing, repairing or otherwise working on a fridge, stove, sink, toilet or any other article of furnishings normally associated with human habitation that is, was, or may be, fitted to a motor vehicle;
  4. installing, removing repairing or othewise working on -
    1. a crane, air compressor, concrete mixer, welder or other industrial or commercial plant that is, was, or may be, permanently affixed to a heavy vehicle or light vehicle and is not a prescribed accessory; and
    2. any component, that is, was, or may be connected to the vehicle, the sole purpose of which is associated with the use of the plant;
  5. the removal or dismantling by a wrecker of a thing or system that is, or was, fitted to a motor vehicle.

 

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