2002

THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

ROAD TRANSPORT (GENERAL) ACT 1999

ROAD TRANSPORT (GENERAL) DECLARATION THAT THE ROAD TRANSPORT LEGISLATION DOES NOT APPLY TO CERTAIN
PERSONS AND VEHICLES 2002 (No.6)

DISALLOWABLE INSTRUMENT DI2002– 230

EXPLANATORY STATEMENT

Circulated by authority of

Bill Wood MLA
Minister for Urban Services

 AUSTRALIAN CAPITAL TERRITORY

ROAD TRANSPORT (GENERAL) DECLARATION THAT THE ROAD TRANSPORT LEGISLATION DOES NOT APPLY TO CERTAIN
PERSONS AND VEHICLES 2002 (No.6)

DISALLOWABLE INSTRUMENT DI2002–230

EXPLANATORY STATEMENT

Subsection 13(1) of the Road Transport (General) Act 1999 (the Act) empowers the Minister to declare that the road transport legislation does not apply to a person, vehicle or animal in a place or circumstance stated in the declaration.  Subsection 13(3) of the Act makes such a declaration a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

The 16th Summernats Car Festival is to be held at Exhibition Park in Canberra (EPIC) from 2 January 2003 to 5 January 2003, inclusive.  The festival consists of a number of competitive motor vehicle events, including burnouts, horsepower performance tests, speed tests and driving skills contests.  The vehicles competing in these events may be highly modified registered or unregistered vehicles.

Some vehicle are unable to be registered because they cannot meet Australian Vehicle Standards or Australian Design Rules (eg motorised bathtubs and drag cars).  Other competing vehicles, although registered, have been modified to the point where they no longer comply with the Australian Vehicle Standards or Australian Design Rules.  It is an offence to operate these non-complying vehicles on a road or road related area.

To enable drivers or registered operators of these vehicles to lawfully participate in the Summernats’ activities within EPIC, this declaration seeks to remove offence provisions for driving an unregistered vehicle (subsection 18(1), Road Transport (Vehicle Registration) Act 1999) or a non-complying modified registered vehicle (regulations 108, 109, 110 and 111, Road Transport (Vehicle Registration) Regulations 2000).

All participating vehicles are subject to a vehicle safety inspection by Summernats officials prior to being permitted to enter the grounds of EPIC.

Although the Summernats event officially begins on 2 January 2003 and officially concludes on 5 January 2003, the declaration commences at 6am on 1 January 2003 and extends until 6pm on 6 January 2003.  This extended period, which is covered by the public liability policy obtained by promoters of the event, allows early arrivals and persons who do not depart until the day after the conclusion of the event to use participating vehicles within the grounds of EPIC.