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VIC Riding long term in NSW

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by n00brid3r, Dec 25, 2014.

  1. Hi guys hoping someone can shed some light- if not in this thread, then via PM.

    John is on the books as living in Vic (all documentation/electoral detail), has a Vic license (fulls for car, learner for bike), has a bike registered in victoria.

    He actually spends 98% of his time living in NSW, and for his own personal reason, has decided NOT to change his details over to the NSW registry. He's not on the books as living in NSW (sharing, but name not on lease), and when pulled over by NSW police for random checks, its always 'just visiting for the weekend officer' and off he goes. He's been doing this for 4yrs, incident free. When the dreaded rego renewal time comes around, John pays Vicroads and continues to drive in NSW for another year. His car insurance covers him anywhere in Australia.

    John has plans to ride his Vic rego'd bike to NSW. He plans to ride it as a weekend toy, with his car still the primary vehicle. Like his car, there's no intention to convert over to NSW rego.

    Are there any considerations or issues if he continues as planned?

    Would John be better off buying a NSW rego'd bike? (Could he even register it with VIC license? And no NSW residential address)...

    Thanks in advance for your feedback guy
  2. Can't see any problems . NSW road rules still apply . What is the cost diff between reg in NSW and Vic ? Would assume Vic reg is more expensive ? If you crash your Vic reg bike is NSW your still coverd by TAC .
  3. If John has an accident requiring insurance (personal or property) then John - if insurance finds out - would be un-insured because his place of residence is not accurate.
    • Agree Agree x 1
  4. Good point, "duty of disclosure" - insurance company may use it as a way to not cough up. Not unusual behavior.
  5. #5 n00brid3r, Dec 25, 2014
    Last edited by a moderator: Dec 25, 2014
    He has car insurance with Budget, which asks where the vehicle is parked at night. This question is answered accurately with corresponding NSW suburb. Shouldnt be an issue, surely..
  6. It's my understanding that your vehicle has to be registered in the state which holds your principal place of residence, which in this case, all other disclaimers notwithstanding, is NSW. Failure to register the vehicle in respect of your principal place of residence renders it unregistered and therefore not covered by NSW Compulsory Third Party insurance, meaning the driver is personally liable for any injury or death caused to a third party in an accident. You, or your hypothetical friend, are playing Russian Roulette with all the chambers loaded..
  7. It all comes down to where John officially lives.
    If John works in NSW and lives at his place of work, or at a place supplied to him by his employer for the purpose of housing him while on shift at work then he would not be a NSW resident for this purpose.

    If John works in NSW and has chosen to live in NSW when not at work then he is a NSW resident.
    It is a very difficult matter for police to prove he is not still a Victorian resident.
    I spend more than 50% of my time living in QLD, but I am a NSW resident because when not at work, I am living in NSW most of the time.

    Your vehicle needs to be registered in the state within which it is normally garaged, and this does not need to be your address in that state or any other, but the actual address where it is stored when not used.

    I have vehicles registered in 2 states.
  8. Thanks for providing your first hand experience Tweet. John's residence is listed as VIC, however while in NSW he's choosing to live in share accom, not funded/supported by his employer. Not on the lease, no mail directed to his NSW place of residence.

    Is it possible for John to register a vehicle in NSW, despite all official documents saying he's a VIC resident?

    Tweet- can you explain how to have vehicles registered in two states?
  9. that's a lot of effort to avoid getting a pink slip each year :D
  10. Based on what you have said, John is for this purpose a NSW resident, but proving otherwise isn't easy.
    To have a vehicle registered in a state other than your official home state, he simply needs a letter from the person who resides at the garaging address which he will have to provide to the NSW RMS formerly RTA and the vehicle will need to be NSW registered.
    • Like Like x 1
  11. That seems easy enough.

    John simply needs to get his NSW based housemate who he shares with to vouch for him/verify he has a NSW place of residence on the NSW RMS paperwork?

    He can then register a bike/car in NSW, despite having a drivers licence from another state..

    As straight forward as that?
  12. The point of it all is to make sure they can find you if they want and you get official mail in a timely manner.
  13. There are at least three possible scenarios that could play out here.
    1. John get pulled over for RBT or a check of some sort, and the Policeman asks, "Is this your principal place of residence", after seeing the Victorian licence.
    John can lie, but he will be caught out, and then he'll have to explain why he furnished false and misleading information.
    Or he can tell the truth, in which case the Policeman will ask why the vehicle has not been registered in NSW given that he is living in NSW.
    2. John hits another car, or the scenery, or his car is stolen, then the insurance company will do a search and find out the same thing, and we all know how much insurance companies like finding reasons NOT to pay out on claims.
    3. John hits another car and injures or kills its driver, or a passenger, or he hits and injuries or kills a pedestrian. He will find that the Victorian equivalent of our CTP insurance will likewise find that the fact that the car and its driver 'lives' in NSW, but is still registered in Victoria is sufficient reason for them to say that he has broken the law in NSW and is on his own in terms of paying the costs of the injured or deceased party.
    As someone noted above, all this subterfuge seems like a lot of waste of time and risk just to avoid paying NSW rego and NSW CTP......
  14. All three scenarios point to the fact that its best to be on a vehicle that's registered in the state its mainly driven/ridden. Thanks for fleshing it out clearly.

    Tweet mentioned its possible to have a vehicle registered in your name, despite having nothing to verify you live in NSW. Simply need someone you're living with who IS a NSW resident (is. On the books) confirm that you live in NSW for RMS paperwork.

    Can anyone verify this is all it takes?
  15. The law has probably been changed a hundred times in the years between but in the seventies when I was in the army the only exemption on the car rego front was for military personnel, became they got moved around a lot...
  16. Let me be clear.

    A person holding a license and officially residing outside of NSW, may have a NSW registered vehicle in their name as long as it is "normally garaged" within NSW. There is absolutely no legislation preventing such.

    In order to satisfy RMS of the garaging address of the subject vehicle, a person who can prove their NSW residency would need to declare to the RMS that John's vehicle is "normally" garaged at their address. They should not mention that John is living with them, because that would mean John is a NSW resident.
  17. That's very clear Tweet thank you. Thanks for clarifying. Will contact RMS when they open to confirm, but it seems like the best/safest way to ride without worrying about insurance/CTP implications.. Much appreciated
  18. I might be wrong, but I am pretty sure that if you have an NSW address, you can't have a Vic licence after a certain period. If you don't change your licence to NSW, you can be subject to a hefty fine if caught.
  19. Nick,

    You have missed the point of the entire thread. We all know very well that if you hold a license in one state, then go and reside in another, you are required to change your license to the state in which you have moved to after varying terms which are location dependant.

    In NSW, you have 3 months from the date of becoming a NSW resident to obtain a NSW license. An interstate registration likewise.
  20. TWEETTWEET is spot on the the money but the insurers could, and would, hang you out to dry under the duty of disclosure clause . By paying your premium you agree that every statement is fact and true...