Vehicle licences can only be issued or transferred to individuals or legal entities that can be held legally accountable for the vehicle and any related offenses related to the use of the vehicle.
Definitions of legal entities are as follows.
Individual person
An individual person is classed as a legal entity, in that a person can sue and be sued. If you’re applying for a vehicle licence as an individual person, you must also satisfy other statutory requirements.
You must provide proof of identity and proof you have attained the prescribed age for the type of vehicle you will be driving (16 years for light vehicles up to 4,500 kg, 18 years for heavy vehicles). Refer to our Proof of identity requirements to see what documents you can use or refer to our fact sheet, Primary & Secondary Proof of Identity for acceptable identification documents.
Where a vehicle is owned by more than 1 person, such as a jointly owned vehicle or a vehicle owned by an unincorporated body, small business or association etc, 1 of the owners must be nominated to be the Responsible Person for the vehicle for the purposes of the Road Traffic (Vehicles) Act 2012.
Clubs and associations
An incorporated association or club is also recognised as a legal entity in its own right (separate from its individual members and regardless of changes to the membership). A certified copy of the Certificate of Incorporation is required before a vehicle licence can be issued in the name of the incorporated association.
Visit the Department of Local Government, Industry Regulation and Safety to find out how to register as an incorporated association.
Corporate bodies
Vehicles may be licensed to a corporate body, registered under the Corporations Act 2001 (Commonwealth).
- You must supply your ACN (Australian Company Number) with your vehicle licence application.
- An ABN (Australian Business Number) can't be used as proof of identity.
The major difference between a corporate body and an unincorporated body is that a corporate body is a legal identity in its own right, separate from its directors, owners or members.
To find out how to register as a corporate body, please visit the Australian Securities and Investments Commission's (ASIC) website.
Other bodies recognised as a legal entity
There are other bodies that are recognised legal entities and, therefore, permitted to hold a vehicle licence. These include:
- any federal or state government departments
- local government authorities (towns, cities, shires, etc.)
- some semi-government organisations (e.g. Water Corporation, Western Power)
- vehicles licensed to a deceased estate or the Public Trustee
- statutory corporations and co-operatives.
Note:
Statutory corporations and co-operatives are created pursuant to a specific statute (legislation) and are therefore recognised as legal entities.
Statutory corporations must provide proof of their status as a legal entity in the form of a copy of the specific statute (legislation) that creates them as a corporate body. This legislation should state that they:
- are a body corporate
- have perpetual succession
- have power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with any real or personal property
- have a common seal
- may sue or be sued in their registered name.
Any applications from statutory organisations that haven’t already provided proof of their status as a legal entity will need to be assessed on the basis of the client supplying the required evidentiary documentation as listed previously.
These applications can only be approved by the manager of a DTMI service centre or regional agent.
Co-operatives can also be recognised as a legal entity under the Co-operatives Act 2009. This can be verified via a Certificate of Registration, granted by the Department of Commerce.
Your responsibilities as the owner of a licensed vehicle
If you’re the owner of a licensed vehicle you have certain responsibilities under the Road Traffic Act 1974, including ensuring you can identify who is driving your vehicle at any given time.
For example, if you let someone else drive a vehicle licensed under your name and they’re photographed speeding, you’ll be issued with the infringement notice. If you’re unable to tell the police who was driving the vehicle, you’ll be liable for the penalties.
Find out what the Act means for you as an individual, joint owner, under-aged owner or business, see vehicle owner responsibilities.
Need help?
If you have any questions or need assistance, please contact us.