The Personal Property Securities Amendment (Motor Vehicles) Regulation 2014 has been registered. It will commence on 1 July 2014.

As foreshadowed when the Personal Property Securities Amendment (Deregulatory Measures) Bill 2014 was recently introduced the Regulation narrows the definition of motor vehicles by combining the two parts of the definition (ie requiring both speed and power output).

The current definition of motor vehicle in the PPS Regulations includes personal property that is built to be propelled, wholly on land, by a motor that forms part of the property and is capable of either a speed of at least 10km/h or has 1 or more motors that have a total power greater than 200W.

The new definition of motor vehicle in regulation 1.7(2)(b) of the Personal Property Securities Regulations 2010 will be as follows:

“a motor vehicle is:
a) personal property built to be propelled, wholly on land, by a motor that forms part of the
property, and
b) either:
i) is capable of a speed of at least 10km/h, and
ii) has one or more motors that have a total power greater than 200 W.”

The Regulation narrows the definition of motor vehicle from self-propelled devices having either
of these characteristics to those having both.

The current definition has resulted in packaging machines, scissor lifts, excavating vehicles and stationary cement mixes being classified as motor vehicles for PPS purposes.