We all think we have a pretty good idea as to whether
something is a motor vehicle or not. And
when it comes to cars, trucks, motor bikes etc we’re on pretty safe ground, but
what about ride-on lawnmowers (or even a motorised lawnmower that isn’t a
ride-on) or fork lift trucks or cranes or motorised shovels etc.? This is where things become substantially
less clear cut and we begin to grudgingly accept that a formal definition might
not be a bad idea.
However, the
definition that the PPSA has been using may have been a little too all
embracing:
The item is a motor vehicle under the PPS Act if it is built to be
propelled wholly on land by a motor that forms part of it (but not if it runs
on rails, tram lines or other fixed path), has a unique serial number and is
also capable of travelling at more than 10km/hr OR has a total motor power greater than 200W.
I suspect that it is this speed OR power component of the definition that would allow certain
lawnmowers to suddenly become motor vehicles.
However, from today (1st July 2014) this has all
changed with that OR being changed
to AND.
Yes, indeed, this is a massive shift and perhaps, at long
last, all those that have been clamouring for this change will finally be able to rest easy.
The new motor vehicle definition is, henceforth:
The item is a motor vehicle under the PPS Act if it is built to be
propelled wholly on land by a motor that forms part of it (but not if it runs
on rails, tram lines or other fixed path), has a unique serial number and is
also capable of travelling at more than 10km/hr AND has a total motor power greater than 200W.
By the way, there has been no change to that part of the
definition that allows for property that can be towed at speeds of more than 10km/h to be classed as motor vehicles,
such as caravans, trailers and…
???
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