Advisory notice that a thing is not a road vehicle—overview

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What is an advisory notice that a thing is not a road vehicle?

An advisory notice that a thing is not a road vehicle (advisory notice) is a formal notice issued under section 233 of the Road Vehicle Standards Rules 2019 (the Rules) by the Secretary of the department, or their delegate.

It is issued after the vehicle or thing has been assessed by the department and states that the subject of the application is not a road vehicle and does not need a road vehicle import approval to be imported into Australia.

Once issued with an advisory notice, you can use it to import one or more of the same vehicle description, make, model and information provided in the advisory notice until the expiry date of the vehicle specified in it.

Vehicles that are not road vehicles must not be supplied to the market or sold to another person or business for use in transport on public roads within the meaning of the Road Vehicle Standards Act 2018. Doing so may be an offence under RVS legislation. Any false or misleading information provided to support your application may make you liable under the Act as committing an offence.

What vehicles are not road vehicles?

An application for an advisory notice may be made for any vehicle the applicant believes does not meet the definition of a road vehicle. The definition of a 'road vehicle' is set out in section 6 of the Road Vehicle Standards Act 2018. For the purposes of that definition, the Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Determination 2021 sets out classes of vehicles that are not road vehicles. The Determination identifies a pre-determined list of vehicle classes that are not road vehicles because they are not considered appropriate for use on a public road. These classes of vehicles are summarised below.

Vehicle use is regulated by state and territory governments. Vehicle users will need to familiarise themselves with local requirements. For example, a power-assisted pedal cycle may not be suitable to use in one or more jurisdictions.

The automotive industry is continually changing so the classes of vehicles determined not to be road vehicles may be further limited or expanded in the future. You may apply for an advisory notice for a vehicle that is not consistent with the vehicle classes outlined below if you believe it is not a road vehicle.

The current classes of vehicles determined not to be road vehicles are:

  • agricultural machines
  • golf carts
  • light utility vehicles (for example, small vehicles designed to transport guests and luggage within a holiday resort, or used within a factory or farm to transport goods)
  • miniature motorbikes (also known as a 'mini-bikes' or 'pocket bikes')
  • motorised mobility devices (wheeled chairs designed to assist a person who is unable to walk or has difficulty walking)
  • motorised recreational devices (for example, motor-assisted rollerblades, skateboards and unicycles)
  • personal mobility devices (for example, an electric scooters or Segways)
  • power-assisted pedal cycles
  • quad bikes
  • tracked vehicles (for example, bull dozers or excavators).

What if my vehicle is not listed above?

If your vehicle does not fit any of the vehicle classes listed above, and you believe your vehicle is not a road vehicle, you can apply in ROVER for an advisory notice that a thing is not a road vehicle under the 'other' category.

You can describe what the vehicle is designed for and provide additional supporting information, such as the manufacturer's specifications (a brochure or technical specifications) and photographs. The department can then assess and make a decision on your vehicle.

Vehicles not mentioned in the determination that may be eligible to be assessed as not a road vehicle include:

  • Earth-moving machines. An earth-moving machine is described as a self-propelled or towed machine on wheels, crawlers or legs, having equipment, or attachment (working tool), or both, primarily designed to perform excavation, loading, transportation, drilling, spreading, compacting or trenching of earth, rock and other materials, including the following machines:
    • dozers
    • loaders
    • backhoe loaders
    • excavators
    • trenchers
    • dumpers
    • scrapers
    • graders
    • landfill compactors
    • rollers
    • pipe layers
    • horizontal directional drills, and
    • compact tool carriers.

If you want to use an earth-moving machine that is not considered a road vehicle on public roads, you should contact your state or territory registration office to discuss limited or conditional registration options.

  • Non-road motorcycles. A 'non-road' motorcycle does not have road-going features such as:
    • direction indicators
    • rear vision mirrors, or
    • provision for mounting a registration plate.

If a vehicle that the Australian Border Force (ABF) considers may be a road vehicle is detected arriving in Australia and the person is not permitted to import the road vehicle, or the person has not been granted an advisory notice confirming the vehicle is not a road vehicle, the vehicle may be held (and may incur storage and other charges) until an assessment is made by the department.

If you believe your vehicle is not a road vehicle and would like written confirmation you should consider applying for an advisory notice before importing your vehicle.

Important: The definitions of the classes of vehicles that are not road vehicles hinge on the original manufacturer's design of the vehicle, NOT what you intend to use it for.

Definition of a road vehicle

Section 6 of the Road Vehicle Standards Act 2018 (RVSA) defines a road vehicle, as including any of the following:

  • A motor vehicle designed solely or principally* for use in transport on public roads
  • A trailer or other vehicle (including equipment or machinery equipped with wheels) designed to be towed on a public road by a motor vehicle
  • A vehicle determined in an instrument under the RVSA, including the Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021
  • A partly completed or unassembled vehicle that would otherwise be covered by any of the above.

* In determining whether a motor vehicle is designed solely or principally for use in transport on public roads, only to the physical or operational features of the vehicle should be assessed.

Note: If you are importing a road vehicle you need to apply for a road vehicle import approval.

How do I decide whether or not to apply for an advisory notice?

To be assessed as a non-road vehicle, your vehicle must be designed principally to not be used on a public road. The manufacturer's specifications (in the form of a brochure or technical specifications) will generally outline this. If the specifications do not state that the vehicle was designed principally for 'non-road' use further information about the vehicle may be needed before a decision can be made. If this is the case, the department may ask you to provide further information.

Any vehicle imported as a non-road vehicle cannot generally be registered for road use in Australia. Individual state and territory authorities may have specific rules and requirements regarding the use of non-road vehicles.

To help you decide whether you need an advisory notice, take the quiz.

How do I apply for an advisory notice?

First, you will need to create an account in ROVER if you do not already have one. Next you will need to answer a series of questions about the vehicle you are importing.

As part of the application you must provide a manufacturer's brochure or specifications for the vehicle.

You must pay an application fee of $55 when you apply for the advisory notice.

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