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Feature Articles
Dial Before You Dig - Excavate At Your Peril
Contractual Agreements - Accepting Liability Under Contract
Conditional Registration (NSW)
Conditional Registration (Qld)
DIAL BEFORE YOU DIG – EXCAVATE AT YOUR PERIL
Around a metre or so underground lie thousands of kilometres of pipes and cables carrying essential services to households and businesses around the country. If you are planning to dig up your yard or footpath you run the risk of finding on or more of these by accident.
Accidents and disruptions from excavators unwittingly digging up underground assets have ruptured sewerage pipes, caused gas main explosions and even deaths from contacts with underground electricity cables. The severity of incidents varies greatly – as does the resultant impact. Incidents have lead to communities being isolated from telephone services including the 00 number. For someone in Australia’s remote communities, a lack of phone communications can lead to fatal results. There is also of course the personal impact of an incident to individuals responsible. Serious injury and death do happen and if you negligently damage underground pipes or cables you may be faced with criminal prosecution and significant damages claims. Commercial damages from businesses unable to function have been known to run into millions of dollars.
That’s the bad side. The good side is Dial Before You Dig (DBYD), a free service that will help you locate and so keep clear of underground services.
DBYD has a unique partnership with Australia’s underground asset owners (electricity, gas, communications and water etc) and acts as a single point of contact to provide information about underground networks at your excavation site. This saves you having to contact the utility organizations individually.
Simply log on to the DBYD website, download and follow the user information kit and tell them your dig locations. They will pass on the referral to the affected asset owners who will send the information directly to you, generally within 2 working days.
The Dial Before You Dig service is designed to protect owners, builders and their sub contractors So if you’re planning an excavation, do yourself a favour and pick up the phone … or visit their website
www.dialbeforeyoudig.com.au
Source: Brokerwise Summer08 (Council of Queensland Insurance Brokers Inc)
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CONTRACTUAL AGREEMENTS - ACCEPTING LIABILITY UNDER CONTRACT
When entering into contracts take care t read the terms and conditions relating to indemnity and insurance.
Typical contracts that you may enter into relate to leases, labour hire, equipment hire, construction contracts, contracts for the performance of work and contracts for the supply of products or services.
Most Public Liability policies exclude liability assumed under contract, unless the insured would have been liable irrespective of the contract. The areas to look out for from an insurance perspective are:
“Hold harmless” clauses which mean on party can’t sue the other party for losses, irrespective of fault of the other party.
Indemnities are when one party agrees to reimburse the other party for the other party’s losses, often irrespective of whether the first party was negligent or not.
Insurance clauses usually require that one or both parties take out certain insurances.
If your insurer has not agreed to the terms any hold harmless or indemnity clauses that you have agreed under the contract then they are likely to decline to pay or defend a claim relating to it. If you agreed to insurance clauses then be sure to ask your broker to arrange the appropriate cover.
In some maintenance agreements a contract may seek to limit their liability to a very small amount such as $20,000. You may be breaching a condition of your policy by limiting any right of recovery your insurance company might have against that contractor’s negligence.
Your insurance broker can advise what terms would be acceptable to your insurance company and at what cost whilst your solicitor can help you draw up amendments to the contract which will be mutually agreeable to all parties. Another option is to take on the risk yourself or failing that, walk away. At least you are making an informed decision on the matter rather than having to deal with a legal battle after the event.
Source: Brokerwise Summer08 (Council of Queensland Insurance Brokers Inc)
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CONDITIONAL REGISTRATION (NSW)
http://www.rta.nsw.gov.au/registration/conditionalregistration/index.html
Registration for vehicles with limited road access
Conditional Registration is available for vehicles that do not comply with Australian Design Rules. These 'non-complying' vehicles are built to perform specific functions and are only allowed limited access to the road network. They include agricultural vehicles, construction vehicles, historic vehicles, recreational vehicles for use on Stockton Beach, street rods, purpose-built vehicles and oversnow vehicles.
Conditions of operation are applied to all vehicles registered under the conditional registration scheme to limit road access. These are listed in full on the Certificate of Approved Operations issued for each vehicle registered under the scheme. The Certificate of Approved Operations must be carried in the vehicle at all times for enforcement purposes. The conditions of approved operation are also summarised in codes on the Certificate of Conditional Registration and registration label.
Vehicles built on a truck based chassis are not eligible for Conditional Registration, except as historic vehicles.
Historic vehicles are eligible for Conditional Registration if the operator belongs to an RTA-recognised historic vehicle club and the vehicle is 30 years of age or older from the year of manufacture with NO alterations except for certain safety features or period accessories.
For a full list of the vehicle types that may be registered under the scheme, together with equipment requirements and conditions of approved operation, go to the Conditional Registration Vehicle Sheets link on this page. If there is no vehicle sheet, Conditional Registration cannot be approved at a motor registry. For further advice, you need to write to the RTA Registration Policy Unit.
Information listed in the vehicle sheets is a guide only. Applications for Conditional Registration are assessed individually and will only be approved if conditions can be applied to allow the vehicle to be safely used on the road network. If a complying vehicle can perform the function required, registration may not be approved.
How do I establish a Conditional Registration?
To establish a registration you will need to apply for registration at a NSW motor registry in person, or authorise a representative to attend on your behalf (NB: if you are not already recorded on the RTA’s computer system, you must attend the registry in person), and provide the following information:
- Proof of identity or if you send a representative they must provide proof for themselves.
- Proof of acquisition (receipt, bill of sale etc).
- A document to prove the vehicle is roadworthy (a safety inspection report, a club or customer roadworthiness declaration).
- A completed application for conditional registration form (see RTA Forms at the bottom of this page).
- The applicable fees (includes an administration fee, plate fee and CTP fee).
If registration is approved, a registration certificate, label and a set of number plates will be issued. A Certificate of Approved Operations lists the conditions imposed on the vehicle when driven on a road or road related area. This certificate is required by law and must be carried in the vehicle at all times.
Do I have to arrange Compulsory Third Party (CTP) insurance before coming to the RTA?
No, CTP insurance, provided by QBE Insurance (Aust) Ltd, is issued as part of the conditional registration transaction. The CTP cover for a conditionally registered vehicle only applies if the vehicle is being driven on a road, or road related area, anywhere in Australia.
What inspections are required?
Evidence of roadworthiness must be provided when a vehicle is first registered and on renewal of registration.
For most vehicles registered under the Conditional Registration scheme a Customer Roadworthiness Declaration must be supplied. However, there are specific requirements for the following vehicle types:
- Historic vehicles must provide a Historic Vehicle Declaration or a pink slip.
- Street rods must provide a Street Rod Declaration and a Safety Inspection Report issued by the NSW Street Rod Committee or its inspection agents.
How do I renew a Conditional Registration?
Registered operators are responsible for renewing registration. A courtesy renewal notice will be sent to the registered operator four to six weeks prior to the expiry date. Registration can be renewed at any NSW motor registry or by mail. You will need to present the renewal notice, evidence of roadworthiness (as specified above) and the renewal fee.
How do I transfer Conditional Registration?
Conditional Registrations cannot be transferred.
If you sell a vehicle that is conditionally registered, the registration must be cancelled and the plates returned. The new operator must apply for Conditional Registration.
How do I cancel the Conditional Registration?
To cancel a Conditional Registration, you must provide a Cancel Registration Advice on the back of your Certificate of Registration.
There is no refund of the Conditional Registration fee or number plate fee. There is no cancellation fee.
A Cancellation letter will be mailed to you so you can apply for a refund of the unused portion of your CTP insurance premium.
Fees
Conditional Registration fees consist of an administration fee, a plate fee and the costs for the CTP insurance. Eligible pensioners are exempt from paying the administration fee. For details go to the Registration fees page of this website.
What is meant by a road or road related area?
A road is an area open to and used by the public for driving or riding of motor vehicles. A road related area includes areas such as:
- Footpaths and nature strips.
- Service station driveways.
- Public and private car parks and access areas.
- Private roads on which the public are normally invited to drive.
- Drive-in fast food outlets and other drive-in commercial areas open to and used by the public.
Businesses should obtain their own legal advice to determine whether their individual site should be regarded as a road or road related area.
What are the essential equipment standards for conditionally registered vehicles?
Equipment standards vary according to the type of vehicle being registered. If you are unsure if your vehicle meets the standard required, contact the RTA Technical Enquiries Service on 1300 137 302.
Unregistered Vehicle Permits (UVPs)
An Unregistered Vehicle Permit can be issued for a period of up to 28 days for a variety of purposes. An Unregistered Vehicle Permit cannot be issued to a vehicle carrying a load for commercial purposes, or to vehicles exempt from registration. Unregistered Vehicle Permits issued in NSW are valid in all States and Territories except Western Australia.
How can I be issued an Unregistered Vehicle Permit?
You will need to visit a NSW motor registry in person, or authorise a representative to attend on your behalf (NB: if you are not already recorded on the RTA’s computer system, you must attend the registry in person), and provide the following information:
- Proof of identity. If you send a representative, they must provide proof for themselves.
- A document to prove the vehicle is roadworthy (a safety inspection report or customer declaration of roadworthiness for specific vehicles).
- A completed Application for Unregistered Vehicle Permit form.
- The applicable fee (includes an administration fee and CTP fee).
You will be issued with a permit and a label. It is recommended that you carry the vehicle’s permit in the vehicle. The permit explains the vehicle’s road access entitlements. The Unregistered Vehicle Permit label must be clearly displayed at all times.
You may request an Unregistered Vehicle Permit by phone if you are already recorded on RTA’s computer system, provided you have access to a fax machine and a valid credit card – the RTA accepts all major credit cards.
Do I have to arrange CTP insurance before coming to the registry?
No. Your Unregistered Vehicle Permit (UVP) is issued with Compulsory Third Party (CTP) insurance to cover you if a claim is made against you. A claim may be made by a person who thinks that you were at fault in a motor accident in which he or she was injured.
What does your CTP cover?
CTP insurance is regulated by the Motor Accidents Compensation Act 1999. The cover provided under that Act for UVPs insures you if you are the:
- driver of the unregistered vehicle, or
- operator of the unregistered vehicle
if someone is killed or injured in an accident which is your fault.
You should be aware that there are important limitations to CTP cover on UVPs. CTP cover does not apply on private property. The cover only extends to the operation of the vehicle on roads and road related areas.
How do I renew an Unregistered Vehicle Permit?
Unregistered Vehicle Permits cannot be extended and cannot be renewed.
How do I transfer an Unregistered Vehicle Permit?
Unregistered Vehicle Permits cannot be transferred. If you transfer the vehicle into another name during the validity period of the permit, the Unregistered Vehicle Permit must be cancelled and a new one issued in the new name.
How can I get a refund for an Unregistered Vehicle Permit?
Unregistered Vehicle Permits are not refundable unless they are cancelled before the start date.
Fees
Unregistered Vehicle Permit fees consist of an administration fee and the costs for the CTP insurance. See Registration fees for more information.
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CONDITIONAL REGISTRATION (Qld)
http://www.transport.qld.gov.au/Home/Registration/Conditional_registration/
What is it and how does it effect you?
Conditional registration is a registration scheme for special vehicles that previously were exempt or unable to be registered. Conditional registration gives you the benefit of compulsory third party (CTP) insurance in the event of a crash.
Which vehicles should get conditional registration?
Any vehicle that does not comply with the standard regulations for registration but requires access to roads to fulfil operational tasks should get conditional registration. This will affect some agricultural, construction and recreational vehicles including:
- tractors
- graders
- harvesters
- two-, three- or four-wheeled recreational vehicles.
What vehicles do not need conditional registration?
If the vehicle is not being driven on a road, and is only used on private property, then it does not need conditional registration.
All vehicles which comply with normal registration requirements are not eligible for conditional registration. This includes truck-based mobile machinery and cranes.
What is a road?
A road is defined in the Transport Operations (Road Use Management) Act 1995 as follows.
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 one 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.
Example of an area that is a road—
A bridge, cattle grid, culvert, ferry, ford, railway crossing, shopping centre car park, tunnel or viaduct.
Why should I get conditional registration?
Conditional registration gives you the benefit of compulsory third party (CTP) insurance in the event of a crash. Since 1 May 2003, it is illegal to drive a special vehicle on the road without conditional registration.
What are the different levels of access available with conditional registration?
There are three categories of road access allowable under conditional registration:
- limited access registration—vehicles are predominantly restricted to worksites and designated areas
- zone access registration—vehicles are allowed to travel on road for distances of 20 km, 40 km, or 80 km depending on their areas of operation.
- unrestricted access registration—appropriate vehicles will be allowed unlimited access to the road network.
Vehicles getting conditional registration must comply with the conditions for use outlined in the Guideline for Conditional Registration (PDF**, 492KB)
What do I need to do?
If your vehicle is currently unregistered, and you believe it should now have conditional registration, you should visit a Queensland Transport customer service centre or Queensland Government Agency Program (QGAP) office to organise the registration. You will need to complete an application form and pay for the registration. The registration costs include an administration fee, CTP insurance and the cost of the number plates when they are first issued.
Will the vehicle need an inspection or safety certificate?
No. On the application form there is a section which must be signed by the registered operator stating that the vehicle complies with the guidelines for conditionally-registered vehicles. There is no requirement to get a vehicle inspection or safety certificate in addition to the declaration made on the application form.
How can I get more information?
- Phone 13 23 80 during business hours.
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