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Phil Lord24 Aug 2018
NEWS

Towing upgrade law changes cause confusion

Upgrading your vehicle to carry or tow more weight is now harder in some states thanks to a new federal law

A Federal ban announced in June for any future weight upgrade approvals that include Gross Combination Mass (GCM) or towing capacity for new, unregistered vehicles has caused widespread confusion and highlighted inconsistencies between Federal and state requirements.

Earlier this year Queensland began a blanket ban on GCM (the maximum allowable weight of both tow vehicle and trailer) upgrades for ‘in-use’ vehicles (vehicles already registered in Queensland). The decision was not retrospective – meaning it didn’t affect vehicles previously issued with GCM approved upgrades.

Qld government has backed off from proposed tighter rules for towing and GVM upgrades on registered vehicles

However, Queensland planned to introduce even more stringent rules (under Vehicle Modification Codes LS11 and LS15) from September 4 but as a result of a sensational media story run in a Queensland newspaper this week outlining the changes, Queensland Transport Minister Mark Bailey was forced to back down.

The proposed changes to the Vehicle Modification Codes that are no longer going ahead included the banning of towing capacity upgrades on Queensland registered vehicles, along with banning of axle capacity increases and GVM upgrades which had previously been upgraded by another jurisdiction.

The Queensland ban would have also included GVM upgrades on registered vehicles which had previously had active SSM (Secondary Stage Manufacturer) approvals and are no longer manufactured (such as the Nissan Patrol Y61 and Toyota Hilux KUN 125/126).

GVM upgrades are a popular modification, but the rules are different for each state

NSW-based suspension specialists Lovells is one of the key Secondary Stage Manufacturers that offers kits for both new and already registered vehicles requiring GVM (the maximum allowable weight of the vehicle including passengers, accessories, fuel, luggage, etc), towing and GCM revisions.

Lovells Managing Director Simon Crane said Queenslanders were being forced to miss out on aftermarket upgrades that increased either GVM of the vehicle or upgraded or maintained the towing capacity, resulting in a legal, revised Gross Combined Mass.

“The same upgrade that is allowed on Queensland vehicles before they are sold are not allowed for cars already registered,” Crane said. “Queenslanders are clearly disadvantaged by the Queensland Government’s Vehicle Modification Scheme.”

Different rules for different states

The Northern Territory and Tasmania have restricted approval for some elements of weight changes for registered vehicles since the June Federal announcement.

The Northern Territory will not permit GCM or towing upgrades, while Tasmania will not approve towing capacity upgrades (but will accept GCM upgrades).

NSW, Vic, SA and WA have laxer laws around towing and GVM upgrades

The Feds decreed in June that all future SSM applications will not be approved for anything except GVM upgrades (so no GCM or towing capacity upgrades will be considered).

“The towing capacity of a light vehicle expressed as Gross Combination Mass (GCM) rating or Rated Towing Capacity or Maximum Braked Towing Mass rating must not exceed the value set by the first stage manufacturer. Second stage manufacturers are not permitted to increase the towing capacity as part of an SSM IPA that results in GVM upgrade,” it stated in Section 10.6, of the 0-4-6 circular issued in June.

Current SSM approvals are not affected. That is, vehicles on the SSM approval list for towing capacity, GVM and GCM upgrades can continue to have modifications certified and remain registered in any state or territory.

In-use vehicles registered in NSW, Victoria, SA and WA can also continue to have their GVM, GCM and towing upgrades approved at state level.

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Written byPhil Lord
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