Australian Capital Territory
Road Transport (General) Application of Road Transport Legislation Declaration 2017 (No 8)
Disallowable instrument DI2017—253
made under the
Road Transport (General) Act 1999, s 13 (Power to exclude vehicles, persons or animals from road transport legislation) 
EXPLANATORY STATEMENT

Section 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 vehicle, person or animal in a place or circumstance stated in the declaration. Section 13(3) of the Act makes such a declaration a disallowable instrument.
 
This instrument sets out declarations under section 13 to the effect that certain parts of the road transport legislation do not apply to an designated vehicle or the driver of an designated vehicle, while participating in the Innate Test Day taking place on 23 October 2017.

Clauses 1 and 2 of the instrument are formal provisions dealing with the name and commencement of the instrument.

Clause 3 is to the effect that the Road Transport (Third-Party Insurance) Act 2008 does not apply to vehicles being used to participate in the event.

The event is held under the auspices of the Confederation of Australian Motor Sport (CAMS).  The CAMS Motor Sport Policy provides up to $100 million of general liability cover for any one occurrence, subject to the terms, conditions and limitations of the policy.  In particular, the CAMS policy excludes participant-to-participant claims for drivers, entrants or crew in competing vehicles.  However, this policy does not operate where Compulsory Third Party (CTP) insurance is in force, except where specifically excluded by law. The CAMS liability insurance will take over responsibility for any motor accident injury claims that may arise during the event. At any other time, the Road Transport (Third-Party Insurance) Act 2008 applies.

Clause 4 disapplies several road transport acts, dealing with vehicle registration and standards, driver licensing and road rules, to an entrant vehicle or the driver of an entrant vehicle while participating in the event.  The definition of designated vehicle extends to official and promotional vehicles being used for official purposes during the event.

The declaration has effect in relation to the event for 23 October 2017, beginning when an event official declares that the stage is ‘active’ and ending when the event official declares the stage is ‘inactive’.  In practice an event official may ‘declare’ an stage to be active in a variety of ways, for example by waving a flag, or making a hand signal, or using signal lights.

Clause 5 contains definitions for the instrument.

Clause 6 explains that the declaration expires on 24 October 2017.