State Government regulations have not kept up with the reality of the way small business goes about its
day to day activity.
It is at times impossible to comply with their out dated regulations.
Be careful you may be open to fines that you have no way of complying with as the regulations that have been implemented are totally impractical.
Below are two examples taken from actual experiences recounted to utes.com.au.
Scenario 1:
A Victorian based Pty Ltd Company owns a ute which is being used as part of a six month contract in NSW. The vehicle is to operate out of two regional centres for three months in each centre.
The ute owner and driver are open to being fined, because the vehicle was garaged for more than two months in that state and needed to be registered in NSW.
The issue is that under NSW law it is impossible for the registered owner to comply with registration requirements to provide a permanent garaging address. The company doesn’t own or rent any premises in NSW.
The vehicle will have no permanent garaging address, as the drivers are based in motels.
Scenario 2:
A Victorian based Pty Ltd Company is currently operating a Victorian registered ute in Queensland and is seeking to replace that ute with a new one. The driver is to be in Queensland for a further 3 weeks before traveling to Darwin in the new ute.
The only way the vehicle can be purchased and driven legally by the driver (a director of the company) is
- To provide a permanent garaging address owned or rented by the company
- To use a temporary permit to drive to Victoria to get the vehicle registered before proceeding to travel to Darwin
Again the company does not own or rent property in Queensland nor is it practical to return to Victoria and then proceed to Darwin from the nearest Victorian border VIC Roads registration facility.
The outcome of both these scenarios is that both companies provided a “permanent garaging address” kindly supplied by an associate to enable registration to occur. This would, we suggest, not be legal.
What both these scenarios show how ludicrous these regulations are.
It is not legally possible to purchase and register a motor vehicle in NSW or Queensland if you are Victorian owner and not break the law in doing so, if you don’t own or rent property, in those states. ( We are in the process of working out what the status is in other states)
The list goes on with more examples ...
- A person completing a 12 month contract in Sydney or Brisbane, living out of accomodation supplied by a third party. Does the person supply false information to enable the vehicle to be registered?
- A community organisation in NSW or QLD driving a VIC registered vehicle, supplied as a part of a sponsorship by a Victorian company. So does the Victorian business re register the vehicle at the community organisations address? Again not a legally sound decision.
- A retired couple on an 18 month long around Australia holiday, looks to replace their twincab 4WD in NSW or QLD. Do they provide the Caravan Park address as their “permanent garaging address” for registration purposes and then change it at a later date?
So where are the small business friendly governments we hear the politicians talk about?
Where is the promised decline in the red tape and impracticalities associated with interaction within and between Government departments?
If states wish to impose the regulation of registration in their state at all costs (yes there may be legal and financial reasons for this) would it not be prudent to adopt a practical solution to this farce?
Our suggestions:
- “Out of state” or “Visitor” Category.
An individual who is a permanent resident of another state can use their interstate residency and Liscence details as the registered address for the vehicle. This category would require a reregistration at the permanent residence within 12 months.
- Interstate Business Category.
Where a registered company is the owner of a vehicle, the company’s ASIC Registered Office Address or Registered Place of Business, is deemed to be the registered address for registration purposes.
Adoption of either of these suggestions would overcome the current ludicrous situation.
If you have experienced any issues such as those described then please contact us .
We are to be making contact with the respective Governments to outline these issues and would like hear if you have experienced similar concerns.