Traffic Act 1925

Traffic Act 1925

An Act to consolidate and amend the law relating to vehicular and other traffic

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

[Section 1 Amended by 25 Geo. V No. 78 ]This Act may be cited as the Traffic Act 1925 , and shall come into force on 1st January 1926.

2.   Act does not apply to aircraft

[Section 2 Repealed by 25 Geo. V No. 78 ][Section 2 Inserted by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] This Act does not apply to aircraft.

3.   Interpretation

[Section 3 Subsection (1) amended by 21 Geo. V No. 52, s. 3 ][Section 3 Subsection (1) amended by 24 Geo. V No. 43, s. 2 ][Section 3 Subsection (1) amended by 25 Geo. V No. 78 ][Section 3 Subsection (1) amended by 1 Geo. VI No. 74, s. 1 ][Section 3 Subsection (1) amended by No. 73 of 1953, s. 2 ][Section 3 Subsection (1) amended by No. 50 of 1956, s. 2 ][Section 3 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 3 Subsection (1) amended by No. 83 of 1958, s. 2 ][Section 3 Subsection (1) amended by No. 23 of 1959, s. 2 ][Section 3 Subsection (1) amended by No. 31 of 1961, s. 2 ][Section 3 Subsection (1) amended by No. 93 of 1963, s. 2 ][Section 3 Subsection (1) amended by No. 50 of 1971, s. 2 ][Section 3 Subsection (1) amended by No. 96 of 1976, s. 3 ][Section 3 Subsection (1) amended by No. 107 of 1980, s. 4 ][Section 3 Subsection (1) amended by No. 19 of 1981, s. 4 ][Section 3 Subsection (1) amended by No. 69 of 1981, s. 4 ][Section 3 Subsection (1) amended by No. 101 of 1985, s. 4 ][Section 3 Subsection (1) amended by No. 35 of 1986, s. 4 ][Section 3 Subsection (1) amended by No. 41 of 1987, s. 4 ][Section 3 Subsection (1) amended by No. 54 of 1992, s. 4 ][Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 86 of 1995, s. 4 ][Section 3 Subsection (1) amended by No. 18 of 1996, s. 4 ][Section 3 Amended by No. 17 of 1972, s. 2 ]

(1)  [Section 3 Subsection (1) amended by 17 Geo. V No. 46, s. 2 ]In this Act, unless the contrary intention appears –

authorised officer, when used in relation to any power, right or other matter, means an officer of the Commission or a local authority authorised in that behalf under section 9 (2) ;

beach means any land (whether above or below high-water mark) which forms, or forms part of, the beach or shore of the sea or any tidal waters;

bus means a motor vehicle that –

(a) is designed and constructed to carry people; and

(b) has a seating capacity of more than 9 adults, including the driver;

certificate of registration means a certificate of registration issued in respect of a vehicle when it is first registered or when its registration is renewed;

combination means a motor vehicle connected to one or more trailers;

commercial goods vehicle has the meaning assigned to that expression by the Motor Vehicles Taxation Act 1981 ;

Commission means the Transport Commission incorporated under the Transport Act 1981 ;

council clerk means a general manager within the meaning of the Local Government Act 1993 ;

disqualification notice has the meaning assigned to that expression by section 43E (4) ;

driver's licence means a licence issued under Part II authorising the holder thereof to drive a motor vehicle;

goods includes any merchandise, produce, materials, articles, and things, and animals and birds (whether alive or dead);

gross combination mass or GCM means the greatest possible sum of the maximum loaded mass of a motor vehicle and any vehicles that may lawfully be towed by it at one time –

(a) as specified by the motor vehicle's manufacturer –

(i) on a plate affixed to the motor vehicle; or

(ii) if there is no such plate – in another place on the motor vehicle; or

(b) as determined by the Commission under section 11B (3) or 11C (6) ;

gross trailer mass or GTM means the maximum loaded mass of a trailer as specified by –

(a) the trailer's manufacturer –

(i) on a plate affixed to the trailer; or

(ii) if there is no such plate – in another place on the trailer; or

(b) the Commission under section 11A (4) (b) ;

gross vehicle mass or GVM means the maximum loaded mass of a vehicle –

(a) as specified by the vehicle's manufacturer –

(i) on a plate affixed to the vehicle; or

(ii) if there is no such plate – in another place on the vehicle; or

(b) as determined by the Commission under section 11B (3) or 11C (6) ;

horses include asses, mules, and other draught animals or beasts of burden;

learner's licence means a licence referred to in the regulations as a learner's licence;

licensed means licensed under this Act;

motor cycle means a motor vehicle that is designed to be steered by means of handlebars and to move or be moved on not more than two wheels or, if a side-car or side-box is attached to it, on not more than 3 wheels;

motor driver means any person driving a motor vehicle and any person riding a motor vehicle, and drive includes "ride";

[Section 3 Subsection (1) amended by No. 11 of 1997, s. 4, Applied:01 Nov 1997]

[Section 3 Subsection (1) amended by No. 11 of 1997, s. 4, Applied:01 Nov 1997] motor registry means a place appointed as a motor registry under regulations made under section 10(1)(a) ;

motor vehicle means any motor car, automobile, motor carriage, traction engine, tractor, motor cycle, or other carriage or vehicle propelled or capable of being propelled by means of an engine powered wholly or partly by any volatile spirit, steam, oil, or electricity, or by any means other than animal power, but does not include –

(a) a vehicle constructed or adapted for propulsion only on rails;

(b) a bicycle propelled or capable of being propelled by means of an internal combustion engine that is fitted to but detachable from the bicycle, being an engine the generating capacity of which does not exceed 200 watts; or

(c) a ride-on lawn mower which is propelled or capable of being propelled by means of an engine with a generating capacity which does not exceed 6 kilowatts.

motor vehicle race has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935 ;

officer of the Commission means a person appointed or employed pursuant to section 8 of the Transport Act 1981 ;

owner, when used with reference to a motor vehicle or trailer, means –

(a) a person registered in the record of motor vehicles and trailers kept in accordance with section 11 as the owner of such vehicle or trailer; or

(b) a person who is the owner, joint owner or part owner of the vehicle or trailer –

and includes any other person –

(c) who has the use of the vehicle or trailer under a lease or hire-purchase agreement; or

(d) towhom the vehicle or trailer has been sold or otherwise disposed of by a previous registered owner who has complied with the provisions of this Act applicable to him or her relating to the sale or disposal; or

(e) who the Commission reasonably believes is any such owner of a motor vehicle or trailer;

parking offence means an offence arising by reason of a vehicle being placed, left, or allowed to remain in a stationary position in any street or part of a street contrary to the regulations made under this Act;

photographic detection device means an apparatus that is capable of being used for the detection and recording of offences of exceeding a prescribed speed limit and that is specified in a notice in force under subsection (3) ;

prime mover means a motor vehicle designed and constructed to tow a semi-trailer;

provisional licence means a driver's licence issued as a provisional licence pursuant to regulations made for the purposes of section 10AA ;

[Section 3 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] public passenger vehicle means a public passenger vehicle within the meaning of the Passenger Transport Act 1997 ;

public street means any street, road, lane, thoroughfare, footpath, bridge, or place open to or used by the public, or to which the public have or are permitted to have access, whether on payment of a fee or otherwise;

registered means registered under this Act;

[Section 3 Subsection (1) amended by No. 11 of 1997, s. 4, Applied:01 Nov 1997] registering authority means a person or body appointed or authorised as a registering authority under regulations made under section 10 (1) (a) ;

the regulations means regulations made and in force under this Act;

reliability trial has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935 ;

semi-trailer means a trailer with –

(a) one axle group or a single axle towards the rear; and

(b) a means of attachment to a prime mover such that, if so attached, some of the load would be imposed on the prime mover;

[Section 3 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] special purpose vehicle means a heavy vehicle that–

(a) does not carry passengers or goods; or

(b) has a primary purpose other than the carriage of passengers or goods; or

(c) is a work vehicle;

standard vehicle registration period means a period of 12 months;

[Section 3 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000]

traffic infringement notice has the meaning assigned to that expression by section 43H (1) ;

trailer means a contrivance –

(a) without motive power that is drawn or propelled or is capable of being drawn or propelled by a motor vehicle from which it is detachable; and

(b) that is equipped with wheels or revolving runners upon which it moves or is moved –

but does not include –

(c)

(d) a side-car or side-box attached to a motor cycle; or

(e) any other class of contrivance that is declared by the regulations not to be a trailer for the purposes of this Act;

truck means a rigid motor vehicle that is designed and constructed as a load-carrying vehicle;

vehicle includes any description of vehicle designed to move or to be moved on one or more wheels or revolving runners, and any truck, barrow, or similar vehicle, but, except as may be expressly prescribed by regulations, does not include a vehicle constructed or adapted for propulsion on rails only;

withdrawal notice has the meaning assigned to that expression by section 43J (1) ;

work vehicle means a motor vehicle (not being a motor vehicle used or designed to be used primarily for the carriage of goods) which has as its primary function –

(a) the lifting, moving, excavating, compressing, rolling, or laying of material of any description;

(b) the manufacturing or processing of goods of any description; or

(c) the performing of any other task or function prescribed in the regulations for the purposes of this definition.

(2)  [Section 3 Subsection (2) added by No. 74 of 1968, s. 2 ]References in this Act to a licence shall be construed as including references to any document issued in lieu of a licence.

(3)  [Section 3 Subsection (3) inserted by No. 54 of 1992, s. 4 ]The Minister may, by notice published in the Gazette, declare that a device specified in the notice is a photographic detection device for the purposes of this Act.

4.   

[Section 4 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

5.   

[Section 5 Repealed by No. 35 of 1968, s. 2 ].  .  .  .  .  .  .  .  

6.   

[Section 6 Repealed by No. 35 of 1968, s. 2 ].  .  .  .  .  .  .  .  

7.   

[Section 7 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

8.   Existing stands, &c., continued

All stands and places appointed where cabs or other vehicles may stand or ply for hire shall remain and be stands or places for the purposes aforesaid until other provision is made by regulations under this Act.

9.   Administration of Act

[Section 9 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 9 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9 Amended by No. 41 of 1987, s. 5 ][Section 9 Amended by No. 86 of 1995, s. 5 ]

(1)  [Section 9 Subsection (1) amended by 25 Geo. V No. 78 ]This Act shall be administered by the Commission, all police officers, and such other employees, within the meaning of the Tasmanian State Service Act 1984 , if any, as shall be appointed for that purpose.

(2)  [Section 9 Subsection (2) added by No. 31 of 1961, s. 3 ]Where, under this Act, any power or right may be exercised by an authorised officer, or any act is authorised or required to be done by or in respect of an authorised officer that power may be exercised by, and that act may be done by or in respect of, an officer of the Commission or of a local authority authorised in writing by the Commission in that behalf.

(3)  [Section 9 Subsection (3) added by No. 41 of 1987, s. 5 ]The Commission may only authorise an officer of a local authority to exercise a power or right in respect of, or in respect of the prevention of, prescribed offences within the municipal area of that local authority.

PART II - Motor Vehicles

10.   Regulations: Application to the Crown

[Section 10 Amended by No. 60 of 1967, s. 2 ][Section 10 Amended by No. 25 of 1973, s. 2 ][Section 10 Amended by No. 52 of 1978, s. 2 ][Section 10 Subsection (1) amended by 23 Geo. V No. 32, s. 2 ][Section 10 Subsection (1) amended by 25 Geo. V No. 78 ][Section 10 Subsection (1) amended by 7 Geo. VI No. 28, s. 2 ][Section 10 Subsection (1) amended by No. 75 of 1957, s. 2 ][Section 10 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 10 Subsection (1) amended by No. 83 of 1958, s. 3 ][Section 10 Subsection (1) amended by No. 31 of 1961, s. 4 and s. 56 and Sched. 2 ][Section 10 Subsection (1) amended by No. 73 of 1963, s. 2 ][Section 10 Subsection (1) amended by No. 54 of 1964, s. 2 and s. 4 ][Section 10 Subsection (1) amended by No. 94 of 1971, s. 2 ][Section 10 Subsection (1) amended by No. 98 of 1973, s. 2 ][Section 10 Subsection (1) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 10 Subsection (1) amended by No. 58 of 1975, s. 2 ][Section 10 Subsection (1) amended by No. 58 of 1977, s. 2 ][Section 10 Subsection (1) amended by No. 74 of 1980, s. 4 ][Section 10 Subsection (1) amended by No. 9 of 1983, s. 3 ][Section 10 Subsection (1) amended by No. 10 of 1986, s. 4 ][Section 10 Subsection (1) amended by No. 86 of 1995, s. 6 ][Section 10 Subsection (1) amended by No. 18 of 1996, s. 5 ][Section 10 Amended by No. 80 of 1984, s. 4 ][Section 10 Amended by No. 73 of 1987, s. 4 ][Section 10 Amended by No. 40 of 1990, s. 21 ][Section 10 Amended by No. 96 of 1976, s. 4 ]

(1AA)  [Section 10 Subsection (1AA) inserted by No. 86 of 1995, s. 6 ]In this section, registration fees means the fees, charges and premiums payable under this Act, the Motor Vehicles Taxation Act 1981 or the Motor Accidents (Liabilities and Compensation) Act 1973 for the registration and insurance of motor vehicles or trailers.

(1)  [Section 10 Subsection (1) amended by 17 Geo. V No. 46, s. 3 ]The Governor may make regulations –

(a) [Section 10 Subsection (1) amended by No. 11 of 1997, s. 5, Applied:01 Nov 1997] appointing or authorising, or providing for the Commission to appoint or authorise, a Registrar of Motor Vehicles, motor registries and registering authorities for any or all of the following purposes:

(i) the registration of motor vehicles and trailers;

(ii) the renewal of registration of motor vehicles and trailers;

(iii) the licensing of drivers of motor vehicles;

(b) [Section 10 Subsection (1) amended by No. 11 of 1997, s. 5, Applied:01 Nov 1997] regulating –

(i) the registration of motor vehicles and trailers; and

(ii) the issue of certificates of registration, registration labels and interim registration labels;

(ba) providing for the issue of licences authorising persons to drive motor vehicles or to drive motor vehicles of a particular class or for a particular purpose, and requiring or authorising the prescription in such a licence of the conditions or restrictions subject to which the holder of that licence may drive a motor vehicle, or a motor vehicle of a particular class or for a particular purpose;

(bb) prescribing the circumstances in which a duplicate or further certificate of registration, registration label, or driver's licence may be issued in respect of a registered vehicle or to a person to whom a driver's licence has been issued, and the fees that are to be paid in respect of the issue of that duplicate or further certificate, label, or licence;

(bc) authorising, in such cases as may be prescribed, a person, who holds a licence or other authority issued elsewhere than in this State authorising him to drive a motor vehicle elsewhere than in this State, to drive, in this State, subject to such conditions or restrictions as may be prescribed, a motor vehicle or a motor vehicle of a particular class or for a particular purpose;

(bd) providing for the establishment of a scheme whereby –

(i) a person who owns more than a prescribed number of vehicles may apply to the registering authority for the assignment to those vehicles of an expiry date that is common for the registration of all the vehicles (hereinafter referred to as a "common expiry date"); and

(ii) all vehicles of a prescribed class owned by a Government department within the meaning of the Tasmanian State Service Act 1984 or a State authority within the meaning of that Act shall be assigned a common expiry date which shall be prescribed by the regulations;

(be) for the purpose of administering the scheme referred to in paragraph (bd) –

(i) conferring on the registering authority an absolute discretion in determining what common expiry date to assign to the vehicles owned by a person referred to in paragraph (bd) (i) ; and

(ii) prescribing any conditions that may apply in respect of the registration, renewal of registration, and transfer of registration of the vehicles owned by that person;

(c) prohibiting the use upon public streets of motor vehicles and trailers that are unregistered, or have not the registered number upon them, or have a number that is in any way obscured or not easily distinguishable;

(ca) [Section 10 Subsection (1) amended by No. 11 of 1997, s. 5, Applied:01 Nov 1997] .  .  .  .  .  .  .  .  

(d) regulating the manner and duration of registration of motor vehicles and trailers, and providing for and regulating the transfer and renewal of such registration, and the payment of fees not exceeding in any particular case (other than a case referred to in subsection (4B) ) those specified in that behalf in Schedule 2 ;

(daa) providing for the payment of fees to cover the administrative costs of registering vehicles for periods less than the standard vehicle registration period;

(da) regulating the issue, variation, duration, renewal, suspension, cancellation, and return of drivers' licences;

(db) providing for the payment of a fee for the issue or renewal of a driver's licence, not exceeding in any particular case those specified in that behalf in Schedule 2 ;

(e) providing, in any case where the registration of any motor vehicle, or the transfer or renewal of such registration, or the issue or renewal of a driver's licence, has been refused by a registering authority, and in any case of the cancellation, variation, or suspension by a registering authority of any such licence, for an appeal, within 14 days after such refusal, cancellation, variation, or suspension, to a magistrate, whose decision shall be final, against such refusal, cancellation, variation, or suspension;

(f) providing for the cancellation or suspension of the registration of any vehicle continued in force under subsection (3) if the owner of the vehicle fails, at such times as may be specified in the regulations or by notice, to produce or cause to be produced, at such place as may be so specified, such a certificate of insurance with respect to the vehicle as may be so specified, and prescribing the manner in which any such notice is to be or may be served and the form and contents thereof;

(g) providing for the payment of a fee for the testing of a person's ability to operate and drive in a safe manner a motor vehicle of the class with respect to which the licence is applied for;

(h) prescribing the qualifications as to character, age, ability, and physical fitness to drive of drivers of motor vehicles, and the methods of determining such ability;

(i) providing that each motor vehicle shall have a separate distinguishing number, and for the affixing to each motor vehicle, and to any vehicle (whether a motor vehicle or not) drawn by such motor vehicle, of one or more number-plates bearing such distinguishing number; regulating the size, shape, character, and the issue and return of such number-plates, and the manner and position in which the same shall be affixed; providing that only number-plates issued in pursuance of the regulations be so affixed, and prescribing the charges to be made for number-plates so issued, and for the application of such charges;

(j) providing for the issue of general identification marks to manufacturers of, and dealers in, motor vehicles or trailers, and to other persons who have the possession, custody, or use of motor vehicles or trailers for such purposes as may be specified in the regulations, providing for the cancellation of any general identification marks so issued, providing for the issue and return of number-plates bearing those marks and requiring or authorising, and regulating, the use of those number-plates;

(ja) providing for the payment of fees, in accordance with Schedule 2 , in respect of the issue of such number-plates as are referred to in paragraph (j) , authorising the making of charges for the issue of those number-plates and regulating the application of those charges;

(jb) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] providing for and regulating the placement and display of identifying information, such as the name and address of an owner or operator and business names, on public passenger vehicles, freight carrying vehicles and other kinds of vehicle specified in the regulations;

(k) providing generally for facilitating the identification of motor vehicles;

(l) regulating and controlling the speed of motor vehicles in the public streets;

(m) providing for preventing or minimizing noise from the action or working of the machinery or engine of any motor vehicle, whether by the use of a silencer or otherwise, or for preventing or minimizing smoke, smells, or fumes from any motor vehicle;

(ma) providing for preventing or minimizing noise arising from the operation or driving of a motor vehicle;

(n) providing for and regulating the affixing and maintenance of efficient brakes on motor vehicles;

(o) with respect to the construction of motor vehicles, or the construction of the machinery, engine, or wheels, or other part thereof;

(oa) [Section 10 Subsection (1) amended by No. 57 of 1997, s. 4, Applied:26 Jun 2000] providing for the inspection of motor vehicles and trailers and associated equipment and the granting of certificates as to the result of those inspections, and providing for the recovery of the cost of any such inspection or the granting of any such certificate from the owner of, or any other person having any property in, or the right to use, the vehicle in respect of which the inspection is made or the certificate granted;

(p) prohibiting the use of motor vehicles which, owing to any cause, are in the opinion of a registering authority or of a police officer or an authorised officer, unsuitable for safe use;

(q) regulating or restricting the use of vehicles attached to or drawn by motor vehicles, and limiting the number of vehicles which may be so attached or drawn, and prohibiting the use of tyres, other than rubber tyres, on vehicles so attached or drawn;

(qa) [Section 10 Subsection (1) amended by No. 57 of 1997, s. 4, Applied:26 Jun 2000] providing for and regulating any matter relating to alternative compliance schemes under Part VII and the accreditation of persons under or in connection with those schemes;

(qb) [Section 10 Subsection (1) amended by No. 57 of 1997, s. 4, Applied:26 Jun 2000] providing for the review of, and appeals against, decisions made by the Commission under Part VII;

(r) .  .  .  .  .  .  .  .  

(ra) prescribing the manner in which the mass of the vehicle and the load which the vehicle may carry may be determined;

(rb) regulating the size and other details of the tyres to be used on motor vehicles and trailers;

(rc) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] providing, either generally or in particular cases, requirements to be met in relation to the construction and equipment of public passenger vehicles, freight carrying vehicles and other kinds of vehicle specified in the regulations, including the accommodation to be provided and the number of passengers, and the amount or mass of luggage or goods, that may be carried;

(rd) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] providing for and regulating the operation of public passenger vehicles generally;

(re) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] providing for and regulating the use of stands for the use of public passenger vehicles and freight carrying vehicles;

(rf) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] providing that the driver of a public passenger vehicle or another specified class of vehicle must hold a certificate issued by the Commission (in addition to a driver licence) and generally providing for the issue and control of such certificates;

(s) prescribing any matter or thing in connection with the use, possession, or ownership of motor vehicles which the Governor may deem necessary or expedient for the safety of the public, for the protection of property, or otherwise in the public interest;

(sa) providing for advanced courses of instruction and examinations in driving techniques and the remuneration, if any, payable to instructors, lecturers, and examiners;

(t) regulating the keeping and use of petroleum, or any other inflammable or explosive liquid or fuel used for the purpose of motor vehicles, notwithstanding anything to the contrary in any enactment relating to petroleum or to any other inflammable or explosive liquid or fuel; and

(u) prescribing the fees to be paid in respect of information supplied by the Commission or an officer of the Commission with respect to any registration, licence, number-plate, or identification mark.

(1A)  [Section 10 Subsection (1A) inserted by No. 50 of 1956, s. 3 ]The regulations may –

(a) exempt the drivers of prescribed classes or kinds of motor vehicles propelled by steam from the obligation to be licensed; and

(b) regulate the affixing to motor vehicles and trailers of registration labels issued upon the registration thereof and prescribe the position thereon on which they shall be so affixed (and may, in that respect differentiate between different classes or kinds of motor vehicles or trailers).

(1B)  [Section 10 Subsection (1B) inserted by No. 101 of 1985, s. 5 ]Notwithstanding subsection (1) (u) , regulations may authorise the Commission to charge the organizations or bodies approved by it such fee as may be agreed to by the Commission and that organization or body for the supply of bulk information with respect to any registration, licence, number-plate, or identification mark to that organization or body by the Commission or an officer of the Commission.

(2)  [Section 10 Subsection (2) amended by No. 17 of 1972, s. 3 ]Regulations under this Part shall apply in respect of motor vehicles and trailers owned by the Crown.

(3)  [Section 10 Subsection (3) inserted by No. 75 of 1978, s. 2 ]Regulations made for the purposes of this section may –

(a) provide for the issue of temporary permits, each such permit authorising the use of the motor vehicle or trailer to which it relates during such periods and on such public streets as may be specified in the permit and subject to compliance with such conditions (if any) as may be so specified;

(b) require the payment of a fee in respect of the issue of any such permit; and

(c) exempt from registration any motor vehicle or trailer that is being used in accordance with such a permit.

(3A)  [Section 10 Subsection (3A) inserted by No. 86 of 1995, s. 6 ]The regulations may provide that, where an unregistered motor vehicle or trailer is parked, left standing or used on a public street –

(a) the owner is required to pay penalty fees in respect of a period not exceeding 2 years as if the registration had continued in force until notice of cancellation or transfer of registration is received by the registering authority; and

(b) the penalty fees may exceed the registration fees payable; and

(c) the penalty fees may be recovered by the Commission in a court of competent jurisdiction; and

(d) a court, on finding a person guilty of an offence against this Act, must, in addition to any other penalty, order the owner of the vehicle or trailer to pay any outstanding registration fees to the Commission.

(4)  [Section 10 Subsection (4) inserted by No. 13 of 1981, s. 4 ]The Commission shall, in respect of each financial year, pay to the Treasurer, as and when directed by him, an amount equal to 6/28th of the total amount received during that financial year by the Commission for fees payable to it for the registration and renewal of registration of motor vehicles (other than motor cycles) pursuant to regulations made under subsection (1) (d) .

(4A)  [Section 10 Subsection (4A) inserted by No. 13 of 1981, s. 4 ]The amount that the Commission is required by subsection (4) to pay in respect of each financial year is the prescribed amount within the meaning of section 77L (1) of the Fire Service Act 1979 that the Treasurer is required by that section to contribute, in respect of that financial year, towards the aggregate of the operating costs referred to in that section.

(4AB)  [Section 10 Subsection (4AB) inserted by No. 54 of 1964, s. 2 ]Regulations made for the purposes of this section may provide that such motor vehicles and trailers as may be prescribed in the regulations shall not be required to be registered or shall not be required to be registered if they are used only for such purposes or in such circumstances or in compliance with such conditions as may be so prescribed.

(4B)  [Section 10 Subsection (4B) inserted by No. 10 of 1986, s. 4 ]Where –

(a) the vehicles owned by a person referred to in subsection (1) (bd) (i) have been assigned a common expiry date;

(b) subsequent to the assignment of the common expiry date, the person has become the owner of another vehicle; and

(c) the registering authority finds that it is necessary to register the vehicle or renew the registration of the vehicle for a period different to that for which the vehicle would be otherwise registered or renewed so that its registration will expire on the common expiry date assigned in respect of the vehicles owned by that person –

the fee payable in respect of the registration or renewal of registration of the vehicle may be not less than 2/12ths nor more than 14/12ths of the prescribed fee, depending on the length of the period in respect of which the vehicle is registered or for which registration is renewed.

(5)  [Section 10 Subsection (5) inserted by No. 31 of 1961, s. 4 ]Nothing in this section requires the registration of a trailer that is a plough, harvester, baler, or other contrivance and that is used solely for agricultural or horticultural purposes.

(6)  [Section 10 Subsection (6) added by No. 31 of 1961, s. 4 ]Where the Commission is of the opinion that a motor vehicle or trailer is intended to be used for a purpose that is detrimental to the public interest it may prohibit a registering authority from registering that motor vehicle or trailer and, for so long as that prohibition is in force, that motor vehicle or trailer shall not be registered.

(7)  [Section 10 Subsection (7) amended by No. 71 of 1999, s. 4, Applied:24 Nov 1999] [Section 10 Subsection (7) substituted by No. 41 of 1987, s. 13 and Sched. 1 ]Any regulations under subsection (1) (ra) may provide that it is an offence, punishable on summary conviction, for a person to contravene any of those regulations and may provide in respect of any such offence a penalty not exceeding 20 penalty units for a first offence and a penalty not exceeding 40 penalty units for a second or subsequent offence.

(8)  [Section 10 Subsection (8) added by No. 71 of 1973, s. 35 and Sched. 3 ]Except as may otherwise be prescribed a motor vehicle or a trailer shall not be registered, and the registration of a motor vehicle or a trailer shall not be renewed or transferred, unless a premium has been paid under the Motor Accidents (Liabilities and Compensation) Act 1973 in respect of the use of that motor vehicle or trailer for a period that does not expire earlier than the expiration of the period for which that motor vehicle or trailer is registered or for which its registration is renewed as the case may be.

(9)  [Section 10 Subsection (9) inserted by No. 18 of 1996, s. 5 ]Regulations made under this section may –

(a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and

(b) apply differently according to different factors, limitations or restrictions of a specified kind.

10AA.   Provisional licences

[Section 10AA Substituted by No. 9 of 1991, s. 4 ]Regulations made under section 10 may –

(a) provide for any class or kind of driver's licence to be issued as a provisional licence; and

(b) provide that any class or kind of driver's licence (other than a learner's licence) should not be issued until the applicant has held a provisional licence for a prescribed period.

10A.   Vehicles registered outside the State

[Section 10A Inserted by No. 31 of 1961, s. 5 ][Section 10A Amended by No. 71 of 1973, s. 35 and Sched. 3 ][Section 10A Amended by No. 37 of 1976, s. 2 ]

(1)  Where a motor vehicle or a trailer is registered under the law of a prescribed State or Territory of the Commonwealth or of a prescribed place outside the Commonwealth in the name of a person who is not resident in this State, that vehicle or trailer is exempt from registration under this Act for the period for which, after its last entry into this State, its registration under that law remains in force without renewal or further registration and for such further period (not exceeding 3 months) as a registering authority may approve.

(2)  [Section 10A Subsection (2) added by No. 75 of 1978, s. 3 ]Except as may otherwise be prescribed, where pursuant to a permit issued under the law of a prescribed State or Territory of the Commonwealth or of a prescribed place outside the Commonwealth a motor vehicle or trailer may lawfully be driven on the public streets of that State, Territory, or place that motor vehicle or trailer is exempt from registration under this Act for so long as that permit remains in force.

11.   Record and evidence of registration and licences

[Section 11 Amended by 25 Geo. V No. 78 ][Section 11 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 11 Amended by No. 31 of 1961, s. 6 ][Section 11 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]The particulars of the registration of motor vehicles and trailers and of drivers' licences, and any other particulars prescribed, shall be recorded at the office of the Commission and of the motor registry, if any, where such registration was effected, or such licences were issued, and an extract from, or copy of, any such entry contained in any such record, certified under the hand of the employee in charge thereof, shall be received as evidence in any proceedings (whether under this Act or otherwise), and deemed sufficient proof, of all particulars contained in such entry, without requiring the production of such record, or any licence, requisition, notice, or other document upon which such entry may be founded.

11A.   Truck registration nominations

[Section 11A Substituted by No. 18 of 1996, s. 6 ]

(1)  In this section –

prescribed circumstances, in relation to a trailer, means circumstances in which –

(a) the manufacturer of the trailer has not specified a maximum loaded mass for the trailer; or

(b) the manufacturer of the trailer cannot be identified; or

(c) the trailer has been modified to the extent that the maximum loaded mass specified by its manufacturer is no longer appropriate;

trailer does not include a trailer that is a special purpose vehicle.

(2)  An applicant for the registration or renewal of registration of a truck must nominate whether or not the truck is to be used as part of a combination having a trailer with a GTM exceeding 4.5 tonnes.

(3)  If the applicant fails for any reason to make a nomination under subsection (2) , and the Commission has previously determined a GVM and GCM in respect of that truck under section 11B , the applicant is taken to have nominated under that subsection that the truck will be used as part of a combination having a trailer with a GTM exceeding 4.5 tonnes.

(4)  For the purposes of subsection (2) , the GTM of a trailer is –

(a) as specified by the trailer's manufacturer; or

(b) if prescribed circumstances apply – as specified by the Commission.

11B.   Determination of GVM or GCM

[Section 11B Substituted by No. 18 of 1996, s. 6 ]

(1)  In this section –

manufacturer includes an agent of a manufacturer;

prescribed circumstances, in relation to a vehicle, means circumstances in which –

(a) the manufacturer of the vehicle has not specified a maximum loaded mass for the vehicle; or

(b) the manufacturer of the vehicle cannot be identified; or

(c) the vehicle has been modified to the extent that the maximum loaded mass specified by its manufacturer is no longer appropriate.

(2)  The Commission is not to issue a certificate of registration for a truck, work vehicle, bus or prime mover unless it has determined –

(a) in the case of a truck nominated under section 11A for use as part of a combination having a trailer with a GTM exceeding 4.5 tonnes – a GVM and GCM for that truck; or

(b) in the case of any other truck – a GVM for that truck; or

(c) in the case of a work vehicle or bus – a GVM for that work vehicle or bus; or

(d) in the case of a prime mover – a GCM for that prime mover.

(3)  For the purposes of subsection (2) , the Commission may –

(a) adopt the GVM or GCM specified by the vehicle's manufacturer as its own determination; or

(b) if prescribed circumstances apply – make its own determination of the GVM or GCM by reference to –

(i) the mass prescribed as the maximum permitted laden mass of the vehicle in relation to the distance between the extreme axles of the vehicle; and

(ii) the mass prescribed as the maximum permissible aggregate of the axle loads applicable to the vehicle.

(4)  A GVM or GCM determined in respect of a vehicle under this section remains in force until a new GVM or GCM is determined in respect of the vehicle under section 11C (6) .

(5)  Before issuing a certificate of registration in respect of a vehicle for which a GVM or GCM, or a GVM and GCM, has been determined, the Commission is to –

(a) endorse the GVM or GCM, or the GVM and GCM, on the certificate; and

(b) enter the particulars of the GVM or GCM, or the GVM and GCM, in the record kept under section 11 in respect of that vehicle.

11C.   Variation of GVM or GCM

[Section 11C Substituted by No. 18 of 1996, s. 6 ]

(1)  In this section –

prescribed combination means a combination having a trailer with a GTM exceeding 4.5 tonnes;

prescribed vehicle means a truck, prime mover, bus or work vehicle;

registered means registered for the first time or registered after an application for the renewal of registration.

(2)  The owner of a prescribed vehicle that has been modified in such a way as to increase its load carrying capacity since it was last registered must not drive or use that prescribed vehicle on a public street, or cause or permit that prescribed vehicle to be driven or used on a public street, unless –

(a) written notice setting out full and accurate particulars of the modification has been lodged with the Commission; or

(b) the Commission has been given notice of the modification under section 7(1) of the Motor Vehicles Taxation Act 1981 .

Penalty:  Fine not exceeding 10 penalty units.

(3)  The owner of a truck must not drive or use that truck on a public street as part of a prescribed combination, or cause or permit that truck to be driven or used on a public street as part of a prescribed combination, if, when the truck was last registered, the applicant for registration nominated under section 11A that the truck would not be used as part of a prescribed combination.

Penalty:  Fine not exceeding 10 penalty units.

(4)  The owner of a truck is not guilty of an offence under subsection (3) if, since the truck was last registered but before it was driven or used on a public street as part of a prescribed combination –

(a) written notice had been lodged with the Commission stating the owner's intention to use or allow the use of the truck as part of a prescribed combination; or

(b) the owner had, in the course of complying with section 7(1) of the Motor Vehicles Taxation Act 1981 , given notice to the Commission of the intention to use or allow the use of the truck as part of a prescribed combination.

(5)  Where –

(a) a prescribed vehicle is modified in such a way as to reduce its load carrying or load pulling capacity; or

(b) a vehicle previously nominated under section 11A for use as part of a prescribed combination is no longer being so used –

the owner of the vehicle may lodge with the Commission a notice in writing specifying the modification to the vehicle or the change of use.

(6)  Where the Commission receives a notice referred to in subsection (2) , (4) or (5) in respect of a vehicle, it may, if satisfied as to the truth and accuracy of the contents of the notice, make a new determination of the GVM or GCM of the vehicle.

(7)  On making a new determination under subsection (6) , the Commission is to –

(a) issue a new certificate of registration specifying the new GVM or GCM; and

(b) make such entry in the record of motor vehicles kept under section 11 in respect of the vehicle as appears to it to be appropriate.

(8)  A GVM or GCM determined under subsection (6) in respect of a vehicle remains in force until a new GVM or GCM is subsequently determined in respect of the vehicle under that subsection.

11D.   

[Section 11D Repealed by No. 18 of 1996, s. 6 ].  .  .  .  .  .  .  .  

12.   Certain vehicles to be fitted with seat belts, &c.

[Section 12 Inserted by No. 26 of 1966, s. 2 ]

(1)  [Section 12 Subsection (1) amended by No. 52 of 1978, s. 4 and Sched. 1 ]No person shall, on or after the appointed day, drive a motor vehicle to which this section applies unless –

(a) the vehicle is fitted as prescribed with such seat belts and anchorages for seat belts as are prescribed; and

(b) those seat belts and anchorages –

(i) comply in all respects with the provisions of the regulations made for the purposes of this section; and

(ii) are in sound condition and good working order.

(2)  [Section 12 Subsection (2) amended by No. 52 of 1978, s. 4 and Sched. 1 ]No person shall, on or after the appointed day, sell or offer for sale a seat belt or an anchorage for a seat belt that does not comply in all respects with the regulations made for the purposes of this section.

(3)  Where on or after the appointed day an application for the registration or renewal of registration of a motor vehicle to which this section applies is made to a registering authority, the registering authority may refuse to register, or as the case may be, to renew the registration of, that motor vehicle if it appears to the registering authority –

(a) that the motor vehicle is not fitted as prescribed with such seat belts and anchorages for seat belts as are prescribed; or

(b) that any seat belts or anchorages for seat belts that are fitted to, or installed in, the motor vehicle –

(i) do not comply in all respects with the provisions of the regulations made for the purposes of this section; or

(ii) are not in sound condition and good working order.

(4)  For the purposes of this section, the Governor may make regulations –

(a) prescribing specifications as to the design, materials, strength, construction, and mode of fitting or installing seat belts and anchorages for seat belts and as to any other matters relating to seat belts and anchorages therefor as he deems necessary;

(b) prescribing optional or alternative specifications as to any matters referred to in paragraph (a) ;

(c) prescribing the number and position of seat belts and anchorages for seat belts required to be fitted to vehicles to which this section applies or to any particular kind or class of those vehicles;

(d) exempting, or authorising the Registrar of Motor Vehicles or a designated officer to exempt, any vehicle or kind or class of vehicle from the requirements of this section, either generally or in prescribed circumstances or when used for prescribed purposes; and

(e) authorising the Registrar of Motor Vehicles or a designated officer to approve, either unconditionally or subject to the observance of conditions imposed by the Registrar or that officer and either for a limited period or without limitation as to time, of seat belts or anchorages for seat belts fitted to any particular vehicle notwithstanding that they do not comply with the prescribed specifications as to the design, materials, strength, construction, or mode of fitting or installation thereof.

(5)  The regulations made for the purposes of this section may make different provision with respect to different kinds or classes of vehicles to which this section applies.

(6)  Where, pursuant to the regulations, the Registrar of Motor Vehicles or a designated officer approves of the seat belts or anchorages for seat belts fitted to a particular motor vehicle those seat belts and anchorages shall, so long as the approval continues in force and subject to the observance of the conditions (if any) imposed by the Registrar or that officer, be deemed for the purposes of this section to comply with the provisions of the regulations.

(7)  [Section 12 Subsection (7) amended by No. 18 of 1996, s. 7 ]In this section –

appointed day means such day as is declared by the Minister, by order, to be the appointed day for the purposes of this section;

designated officer means any police officer or officer of the Commission who is authorised in that behalf, in writing, by the Registrar of Motor Vehicles to exercise the powers conferred on a designated officer by this section;

motor vehicle to which this section applies means a motor vehicle of such kind or class as may be prescribed, being a motor vehicle that has not at any time before the appointed day been registered in this State or in a prescribed State or Territory.

13.   Frauds, &c., in respect of licences

[Section 13 Amended by 25 Geo. V No. 78 ][Section 13 Amended by No. 31 of 1961, s. 7 and s. 56 and Sched. 2 ]Any person who –

(a) by any false statement or misrepresentation, obtains or attempts to obtain a licence under this Part;

(b) without lawful excuse, has in his possession a licence, registration label, or number-plate issued under this Part or any article resembling a licence, registration label, or number-plate, and calculated to deceive;

(c) forges, or fraudulently alters or uses, or fraudulently lends or allows to be used by any other person, any licence or registration label or any number-plate or mark for identifying a motor vehicle under this Part; or

(d) drives or uses upon a public street any unregistered motor vehicle or trailer, having upon it any number, number-plate, or registration label of a description prescribed to be fixed to registered motor vehicles or trailers, and calculated to deceive –

shall be guilty of an offence against this Act.

13A.   Frauds in respect of registration

[Section 13A Inserted by No. 31 of 1961, s. 8 ][Section 13A Subsection (1) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 13A Subsection (1) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 13A Subsection (3) amended by No. 52 of 1978, s. 4 and Sched. 1 ]

(1)  [Section 13A Subsection (1) amended by No. 55 of 1965, s. 5 ]A person who, with a view to securing the registration, or the transfer or renewal of the registration of, or the issue or cancellation of a certificate of registration in respect of, a vehicle –

(a) makes any representation which he knows to be false or does not believe to be true; or

(b) produces a document which he knows to be forged or which contains a representation which he knows to be false or does not believe to be true –

is guilty of an offence under this Act and is liable on summary conviction to –

(a) a penalty not exceeding 10 penalty units, or to imprisonment for a term not exceeding 6 months, for a first offence; and

(b) a penalty not exceeding 20 penalty units, or to imprisonment for a term not exceeding 12 months, for a second or subsequent offence.

(2)  Upon the conviction of a person for an offence under this section, the court may, if it thinks fit, order the registration of any vehicle in relation to which the offence was committed to be cancelled, and where such an order is made, the registration of that vehicle shall, without prejudice to its again being registered, cease to have effect.

(3)  [Section 13A Subsection (3) amended by No. 55 of 1965, s. 5 ]Where the registration of a vehicle ceases to have effect under subsection (2) the owner of the vehicle, and any person having in his possession a certificate of registration issued in respect of that vehicle shall, on demand being made to him by a registering authority, a police officer, or an authorised officer, deliver that certificate of registration to such person as may be specified in the demand.

14.   Driving unregistered vehicles and without licence, &c.

[Section 14 Amended by No. 50 of 1956, s. 4 ][Section 14 Amended by No. 83 of 1958, s. 4 ][Section 14 Amended by No. 31 of 1961, s. 9 and s. 56 and Sched. 2 ][Section 14 Amended by No. 23 of 1959, s. 3 ][Section 14 Amended by No. 31 of 1961, s. 9 and s. 56 and Sched. 2 ][Section 14 Amended by No. 96 of 1976, s. 2 and Sched. 1 ][Section 14 Amended by No. 31 of 1961, s. 9 and s. 56 and Sched. 2 ]

(1)  [Section 14 Subsection (1) substituted by No. 86 of 1995, s. 7 ]A person who drives, uses, parks or leaves standing on a public street a motor vehicle or trailer –

(a) without having the prescribed number-plate properly affixed to the motor vehicle or trailer, or having the number-plate or any number or letter on the number-plate altered, obscured or obliterated; or

(b) if the motor vehicle or trailer is required to be registered but is not registered –

is guilty of an offence against this Act.

(2)  [Section 14 Subsection (2) substituted by No. 86 of 1995, s. 7 ]In a prosecution for an offence against subsection (1) it is a defence if the person charged can show –

(a) that the offence was the result of a motor vehicle accident and occurred within a reasonable time after the accident; or

(b) that the motor vehicle or trailer was, at the time of the offence, being driven or towed for the purpose of being registered; or

(c) in the case of a motor vehicle or trailer which has not passed an inspection, that it was being driven or towed by the most direct route from the place of inspection to –

(i) the home or place of business of the owner or driver; or

(ii) the nearest place where it was practicable to carry out repairs for the purpose of registration of the motor vehicle or trailer.

(2A)  [Section 14 Subsection (2A) inserted by No. 86 of 1995, s. 7 ]Where a motor vehicle or trailer which is required to be registered but which is not registered is parked, left standing or used on a public street, the owner is guilty of an offence and is liable to a fine not exceeding 10 penalty units.

(2B)  [Section 14 Subsection (2B) inserted by No. 86 of 1995, s. 7 ]In a prosecution for an offence against subsection (2A) it is a defence if the person charged can show that the motor vehicle or trailer was parked, left standing or used without his or her authority or consent.

(3)  [Section 14 Subsection (3) added by No. 83 of 1958, s. 4 ]For the purposes of subsection (1) any public street, other than a beach, closed to traffic under section 40 to enable a motor vehicle race or reliability trial to take place thereon shall, during the time at which it is so closed, be deemed not to be a public street.

(4)  [Section 14 Subsection (4) inserted by No. 31 of 1961, s. 9 ]Any person who –

(a) on a public street, drives a motor vehicle, or drives a motor vehicle for any purpose, without a driver's licence authorising him so to do;

(b) on a public street, drives a motor vehicle without complying with, or in contravention of, the prescribed conditions or restrictions; or

(c) employs or permits another person to drive a motor vehicle in contravention of paragraph (a) or paragraph (b) –

is guilty of an offence against this Act.

(5)  [Section 14 Subsection (5) inserted by No. 31 of 1961, s. 9 and s. 56 and Sched. 2 ] Subsection (4) does not apply in respect of a vehicle the driver of which is exempt from the obligation to be licensed under section 10 (1A) (a) .

(6)  [Section 14 Subsection (6) inserted by No. 31 of 1961, s. 9 ]References in subsection (4) to a driver's licence shall be construed as including references to a licence or other authority issued elsewhere than in this State by virtue of which the holder thereof is, under this Act, authorised to drive a motor vehicle in this State.

(7)  [Section 14 Subsection (7) added by No. 31 of 1961, s. 9 ]In subsection (4) prescribed conditions or restrictions means, when used in relation to the driving of a motor vehicle by any person, the conditions and restrictions prescribed in the driver's licence authorising him to drive that vehicle or the conditions and restrictions subject to which he may drive that vehicle in this State by virtue of a licence or other authority issued elsewhere than in this State.

14AA.   Driving instructors' licences

[Section 14AA Inserted by No. 26 of 1966, s. 3 ][Section 14AA Subsection (3) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 14AA Subsection (3) amended by No. 41 of 1987, s. 13 and Sched. 1 ]

(1)  A person who for fee, reward, salary, wages, or other remuneration or consideration, by whomsoever paid or payable, teaches any other person to drive a motor vehicle unless the first-mentioned person is the holder of a current motor driving instructor's licence (in this section referred to as "an instructor's licence") is guilty of an offence against this section.

(1A)  [Section 14AA Subsection (1A) inserted by No. 94 of 1971, s. 3 ]A person who pays any fee, reward, salary, wages, or other remuneration or consideration to any person for or with respect to the payee or any other person teaching any person to drive a motor vehicle, the payee or other person who so teaches in consequence of such payment not being the holder of an instructor's licence, is guilty of an offence against this section.

(2)  If the holder of an instructor's licence, for the purpose of teaching another person to drive a motor vehicle, uses a motor vehicle that does not comply in all respects with the provisions of the regulations made under subsection (15) as to the construction, equipment, or suitability of the vehicle or a vehicle in respect of which a certificate of roadworthiness under those regulations is not, for the time being in force, he is guilty of an offence against this section.

(3)  [Section 14AA Subsection (3) amended by No. 94 of 1971, s. 3 ]A person who is guilty of an offence against this section, other than an offence under subsection (1A) , is liable, for a first offence, to a penalty not exceeding 2 penalty units and, for a second or subsequent offence, to a penalty not exceeding 5 penalty units and, in addition, the court by which he is convicted of a second or subsequent offence shall order that he be disqualified for a period of 3 months after the date of his conviction for obtaining or holding an instructor's licence unless the court considers that such a disqualification would be harsh or unreasonable, having regard to –

(a) the time that has elapsed since the commission of the previous offence;

(b) the character and antecedents of that person; and

(c) any other circumstances that the court considers to be of a special or exceptional nature.

(4)  Upon the application of a person –

(a) who is over the age of 21 years;

(b) who is the holder of a current driver's licence; and

(c) who has for a continuous period of at least 3 years held –

(i) a driver's licence; or

(ii) a licence or other authority to drive a motor vehicle granted under the law of any State other than this State or of any Territory of the Commonwealth –

the Registrar of Motor Vehicles, upon being satisfied of the applicant's good character and of his proficiency as a motor driving instructor, shall, subject to subsection (5) , grant to the applicant an instructor's licence.

(5)  Notwithstanding anything in subsection (4) , the Registrar of Motor Vehicles may refuse to grant an instructor's licence to a person by whom an application for such a licence is made if that person has, before the date of his application, been convicted (whether in this State or elsewhere) of a crime or offence of such a kind as, in the opinion of the Registrar, renders that person unfit to hold an instructor's licence.

(6)  An instructor's licence, subject to this Act, remains in force for a period of 3 years from the date on which it is granted, but nothing in this subsection precludes the granting, subject to this Act, of a further instructor's licence to the holder to take effect upon the expiration of an earlier instructor's licence.

(7)  [Section 14AA Subsection (7) amended by No. 58 of 1975, s. 3 ]A fee of $30 is payable for the issue of an instructor's licence.

(8)  In order to test the proficiency of an applicant for an instructor's licence (whether or not he is or has been the holder of such a licence) the Registrar of Motor Vehicles may require the applicant to undergo such tests as the Registrar may think necessary, whether written, oral, or practical, and those tests shall, without limiting the generality of this subsection, include examination in the following matters, namely:

(a) traffic laws;

(b) driving practices;

(c) vehicle manipulation;

(d) teaching technique.

(9)  Where the driver's licence of a person who is the holder of an instructor's licence is cancelled or surrendered or that person otherwise ceases to hold a driver's licence, his instructor's licence, by force of this subsection, thereupon ceases to have effect, and where the driver's licence of such a person is suspended the instructor's licence, unless cancelled pursuant to the provisions of this Act, is thereupon suspended, by force of this subsection, for the same period.

(10)  The Registrar of Motor Vehicles may cancel an instructor's licence or suspend an instructor's licence for such period as he thinks fit if the holder thereof has been convicted of an offence against this section or if the Registrar is satisfied that the holder has been guilty of conduct making him unfit to hold such a licence.

(11)  Where an instructor's licence is suspended, it is, during the term of the suspension, of no effect and the holder of that licence shall, during that term, be regarded as unlicensed.

(12)  A person who is aggrieved by the refusal of the Registrar of Motor Vehicles to grant to him an instructor's licence or the decision of the Registrar to cancel or suspend such a licence held by that person may appeal from that refusal or decision to a magistrate.

(13)  On the hearing of an appeal under subsection (12) , the magistrate by whom it is heard –

(a) shall re-determine the matter of the refusal, cancellation, or suspension;

(b) shall hear any relevant evidence tendered whether by the appellant or the Registrar of Motor Vehicles; and

(c) without limiting the generality of his discretion, shall take into consideration, in determining the appeal, all the matters that the Registrar ought to have taken into consideration in determining the matter of the refusal, suspension, or cancellation.

(14)  Subject to this section, an appeal under subsection (12) shall be instituted, heard, and determined as prescribed.

(15)  The Governor may make regulations for or with respect to –

(a) the construction and equipment of motor vehicles used or proposed to be used by persons who are the holders of or applicants for instructors' licences and the suitability of those vehicles for that purpose; and

(b) the examination of, and the granting of certificates of roadworthiness in respect of, vehicles so used or proposed to be used.

14A.   Hire and drive vehicles

[Section 14A Inserted by 24 Geo. V No. 43, s. 2 ][Section 14A Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 14A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 14A Subsection (1) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 14A Amended by No. 55 of 1965, s. 5 ][Section 14A Amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 14A Amended by No. 31 of 1961, s. 10 ][Section 14A Amended by No. 37 of 1976, s. 3 ][Section 14A Subsection (1) amended by No. 31 of 1961, s. 10 ][Section 14A Subsection (3) substituted by No. 73 of 1953, s. 3 ][Section 14A Subsection (4) substituted by No. 31 of 1961, s. 10 ][Section 14A Substituted by No. 57 of 1997, s. 5, Applied:26 Jun 2000]

(1)  In this section,

passenger includes driver.

(2)  When a vehicle is registered, or its registration is renewed or transferred, it is to be registered as a hire and drive vehicle if the registering authority is satisfied that –

(a) it has been designed and constructed primarily for the purpose of carrying passengers; and

(b) it is to be hired out for reward without a driver; and

(c) the vehicle is roadworthy and suitable for the purpose of being hired out for reward without a driver.

(3)  A vehicle may be registered as a hire and drive vehicle at any other time on the application of its owner if it would have to be so registered in the circumstances referred to in subsection (2) .

(4)  A person (in this subsection called "the proprietor") must not hire out a vehicle that has been designed and constructed primarily for the carriage of passengers and is to be driven by a person, other than the proprietor or the proprietor's servant, primarily for the purpose of carrying passengers unless that vehicle is registered as a hire and drive vehicle.

Penalty:  In the case of –.

(a) a first offence - a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence - a fine not exceeding 200 penalty units.

(5)  Subsection (4) does not apply to –

(a) the letting of a vehicle under a hire-purchase agreement made in good faith for the purchase of that vehicle; or

(b) the hiring out of a vehicle that –

(i) has been designed and constructed primarily for the purpose of carrying passengers; and

(ii) is authorised to be hired out for reward, without a driver, under a law of a Territory or another State.

PART III - .  .  .  .  .  .  .  .  

[Part III Substituted by 21 Geo. V No. 52, s. 3 ][Part III Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000]

14AB.   

[Section 14AB Inserted by No. 31 of 1961, s. 11 ][Section 14AB Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 14AB Subsection (1) amended by No. 28 of 1995, s. 4 ][Section 14AB Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

14B.   

[Section 14B Repealed by No. 34 of 1987, s. 5 ][Section 14B Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

15.   

[Section 15 Substituted by No. 31 of 1961, s. 12 ][Section 15 Subsection (3) amended by No. 28 of 1995, s. 5 ][Section 15 Subsection (3) amended by No. 19 of 1983, s. 5 ][Section 15 Subsection (7A) substituted by No. 28 of 1995, s. 5 ][Section 15 Subsection (10) amended by No. 19 of 1983, s. 5 ][Section 15 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

16.   

[Section 16 Substituted by No. 31 of 1961, s. 12 ][Section 16 Subsection (1) amended by No. 19 of 1983, s. 6 ][Section 16 Subsection (2) substituted by No. 28 of 1995, s. 6 ][Section 16 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

16A.   

[Section 16A Inserted by No. 31 of 1961, s. 12 ][Section 16A Subsection (2) amended by No. 28 of 1995, s. 7 ][Section 16A Subsection (1A) inserted by No. 34 of 1987, s. 4 ][Section 16A Subsection (2) amended by No. 19 of 1983, s. 7 ][Section 16A Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

16B.   

[Section 16B Inserted by No. 31 of 1961, s. 12 ][Section 16B Subsection (2) amended by No. 28 of 1995, s. 8 ][Section 16B Subsection (2) amended by No. 19 of 1983, s. 8 ][Section 16B Subsection (2A) omitted by No. 28 of 1995, s. 8 ][Section 16B Subsection (5) amended by No. 19 of 1983, s. 8 ][Section 16B Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

16C.   

[Section 16C Substituted by No. 19 of 1983, s. 9 ][Section 16C Subsection (1) amended by No. 28 of 1995, s. 9 ][Section 16C Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

16D.   

[Section 16D Inserted by No. 19 of 1983, s. 10 ][Section 16D Subsection (2) omitted by No. 28 of 1995, s. 10 ][Section 16D Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

17.   

[Section 17 Substituted by 21 Geo. V No. 52, s. 3 ][Section 17 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 17 Subsection (3) amended by No. 31 of 1961, s. 13 ][Section 17 Subsection (4) omitted by No. 28 of 1995, s. 11 ][Section 17 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

18.   

[Section 18 Substituted by 21 Geo. V No. 52, s. 3 ][Section 18 Subsection (1) amended by 25 Geo. V No. 78 ][Section 18 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 18 Subsection (1) amended by No. 31 of 1961, s. 15 and s. 56 and Sched. 2 ][Section 18 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 18 Subsection (1) amended by No. 35 of 1968, s. 3 ][Section 18 Subsection (1) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 18 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 18 Subsection (1) amended by 1 Geo. VI No. 74, s. 2 ][Section 18 Subsection (1A) inserted by No. 31 of 1961, s. 15 ][Section 18 Subsection (2) amended by No. 69 of 1949, s. 14 ][Section 18 Subsection (3) amended by No. 31 of 1961, s. 15 ][Section 18 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

19.   

[Section 19 Substituted by 21 Geo. V No. 52, s. 3 ][Section 19 Subsection (3) amended by 1 Geo. VI No. 74, s. 2 ][Section 19 Subsection (3) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 19 Subsection (3) amended by No. 31 of 1961, s. 16 ][Section 19 Subsection (1) substituted by No. 28 of 1995, s. 12 ][Section 19 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 19 Subsection (3) amended by 25 Geo. V No. 78 ][Section 19 Subsection (3A) inserted by No. 31 of 1961, s. 16 ][Section 19 Subsection (4) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 19 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

20.   

[Section 20 Substituted by 21 Geo. V No. 52, s. 3 ][Section 20 Subsection (1) amended by No. 31 of 1961, s. 17 and s. 56 and Sched. 2 ][Section 20 Subsection (2) amended by 25 Geo. V No. 78 ][Section 20 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 20 Subsection (2) amended by No. 31 of 1961, s. 17 and s. 56 and Sched. 2 ][Section 20 Subsection (2) amended by No. 75 of 1978, s. 4 ][Section 20 Amended by No. 31 of 1961, s. 17 ][Section 20 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 20 Subsection (1A) inserted by No. 31 of 1961, s. 17 and s. 56 and Sched. 2 ][Section 20 Subsection (2) amended by 1 Geo. VI No. 74, s. 2 ][Section 20 Subsection (3) added by No. 36 of 1958, s. 4 and Sched. 5 ][Section 20 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

20A.   

[Section 20A Inserted by No. 73 of 1953, s. 4 ][Section 20A Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 20A Subsection (3) amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 20A Subsection (3) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 20A Subsection (4) amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 20A Subsection (4) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 20A Subsection (6) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 20A Amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 20A Subsection (1) amended by No. 31 of 1961, s. 18 ][Section 20A Subsection (2) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 20A Subsection (3) amended by No. 31 of 1961, s. 18 and s. 56 and Sched. 2 ][Section 20A Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

20B.   

[Section 20B Inserted by No. 73 of 1953, s. 4 ][Section 20B Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 20B Amended by No. 31 of 1961, s. 19 ][Section 20B Subsection (1) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 20B Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

21.   

[Section 21 Repealed by No. 31 of 1961, s. 20 ][Section 21 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

22.   

[Section 22 Substituted by No. 69 of 1949, s. 15 ][Section 22 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 22 Amended by No. 31 of 1961, s. 21 and s. 56 and Sched. 2 ][Section 22 Subsection (1) amended by No. 37 of 1974, s. 2 ][Section 22 Subsection (1) amended by No. 31 of 1961, s. 21 and s. 56 and Sched. 2 ][Section 22 Amended by No. 35 of 1968, s. 4 ][Section 22 Amended by No. 37 of 1974, s. 6 and Sched. 1 ][Section 22 Amended by No. 19 of 1983, s. 12 ][Section 22 Amended by No. 28 of 1995, s. 13 ][Section 22 Amended by No. 35 of 1968, s. 4 ][Section 22 Subsection (2) substituted by No. 31 of 1961, s. 21 ][Section 22 Subsection (5A) inserted by No. 35 of 1968, s. 4 ][Section 22 Subsection (6) inserted by No. 31 of 1961, s. 21 ][Section 22 Subsection (6A) inserted by No. 35 of 1968, s. 4 ][Section 22 Subsection (6E) omitted by No. 28 of 1995, s. 13 ][Section 22 Subsection (7) added by No. 31 of 1961, s. 21 ][Section 22 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

22A.   

[Section 22A Substituted by No. 31 of 1961, s. 22 ][Section 22A Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

23.   

[Section 23 Substituted by 21 Geo. V No. 52, s. 3 ][Section 23 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 23 Repealed by No. 79 of 1997, Sched. 3, Applied:02 Feb 1998] [Section 23 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

24.   

[Section 24 Substituted by 21 Geo. V No. 52, s. 3 ][Section 24 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 24 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 24 Subsection (1) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (1) amended by No. 75 of 1978, s. 5 ][Section 24 Subsection (1) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Subsection (4) amended by No. 31 of 1961, s. 23 and s. 56 and Sched. 2 ][Section 24 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 24 Subsection (4) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (4) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Amended by No. 55 of 1965, s. 5 ][Section 24 Amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 24 Subsection (6) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (6) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Subsection (7) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (7) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Amended by No. 55 of 1965, s. 5 ][Section 24 Amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Amended by No. 55 of 1965, s. 5 ][Section 24 Amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (10) amended by No. 55 of 1965, s. 5 ][Section 24 Subsection (10) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (10) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Amended by No. 55 of 1965, s. 5 ][Section 24 Amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Subsection (11) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (11) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Subsection (12) amended by 25 Geo. V No. 78 ][Section 24 Subsection (12) amended by No. 31 of 1961, s. 23 and s. 56 and Sched. 2 ][Section 24 Subsection (12) amended by No. 55 of 1965, s. 5 ][Section 24 Subsection (12) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Subsection (12) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Amended by No. 55 of 1965, s. 5 ][Section 24 Amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 24 Amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Subsection (1AA) inserted by No. 28 of 1995, s. 14 ][Section 24 Subsection (1) amended by No. 31 of 1961, s. 23 and s. 56 and Sched. 2 ][Section 24 Subsection (2) omitted by No. 35 of 1968, s. 5 ][Section 24 Subsection (3) substituted by No. 31 of 1961, s. 23 ][Section 24 Subsection (3B) substituted by No. 18 of 1996, s. 8 ][Section 24 Subsection (4) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 24 Subsection (5) substituted by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Subsection (5A) inserted by No. 31 of 1961, s. 23 ][Section 24 Subsection (7) amended by No. 55 of 1965, s. 5 ][Section 24 Subsection (8) substituted by No. 31 of 1961, s. 23 ][Section 24 Subsection (9) omitted by No. 37 of 1974, s. 6 and Sched. 1 ][Section 24 Subsection (9A) inserted by No. 31 of 1961, s. 23 ][Section 24 Subsection (11) amended by No. 55 of 1965, s. 5 ][Section 24 Subsection (12) amended by 1 Geo. VI No. 74, s. 2 ][Section 24 Subsection (13) substituted by No. 31 of 1961, s. 23 ][Section 24 Subsection (15) added by No. 41 of 1987, s. 13 and Sched. 1 ][Section 24 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

25.   

[Section 25 Substituted by 21 Geo. V No. 52, s. 3 ][Section 25 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 25 Subsection (1AA) inserted by No. 28 of 1995, s. 15 ][Section 25 Subsection (1) substituted by No. 31 of 1961, s. 24 ][Section 25 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

26.   

[Section 26 Substituted by 21 Geo. V No. 52, s. 3 ][Section 26 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

27.   

[Section 27 Substituted by 21 Geo. V No. 52, s. 3 ][Section 27 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 27 Amended by No. 3 of 1961, s. 25 ][Section 27 Amended by No. 19 of 1981, s. 6 ][Section 27 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

28.   

[Section 28 Repealed by No. 28 of 1995, s. 16 ][Section 28 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

28A.   

[Section 28A Repealed by No. 28 of 1995, s. 16 ][Section 28A Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

28B.   

[Section 28B Repealed by No. 28 of 1995, s. 16 ][Section 28B Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

29.   

[Section 29 Substituted by No. 83 of 1958, s. 5 ][Section 29 Substituted by No. 79 of 1997, Sched. 3, Applied:02 Feb 1998] [Section 29 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

30.   

[Section 30 Substituted by 21 Geo. V No. 51, s. 2 ][Section 30 Subsection (1) amended by 25 Geo. V No. 78 ][Section 30 Subsection (1) amended by 1 Geo. VI No. 74, s. 2 ][Section 30 Subsection (1) amended by No. 69 of 1949, s. 16 ][Section 30 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 30 Subsection (1) amended by No. 31 of 1961, s. 26 and s. 56 and Sched. 2 ][Section 30 Subsection (1) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 30 Subsection (1) amended by No. 37 of 1974, s. 6 and Sched. 1 ][Section 30 Subsection (1) amended by No. 75 of 1978, s. 6 ][Section 30 Subsection (1) amended by 22 Geo. V No. 51, s. 2 ][Section 30 Subsection (2) added by 25 Geo. V No. 78 ][Section 30 Repealed by No. 52 of 1997, s. 26, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

PART IIIA - [Part IIIA Heading amended by No. 36 of 1958, s. 4 and Sched. 5 ]Provisions Relating to Appeals from Decisions of the Commission

[Part IIIA Inserted by No. 69 of 1949, s. 17 ]

30A.   Public Vehicles Licensing Appeal Tribunal

[Section 30A Inserted by No. 69 of 1949, s. 17 ][Section 30A Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 30A Amended by No. 102 of 1985, s. 4 ][Section 30A Subsection (5) amended by No. 98 of 1973, s. 3 ][Section 30A Subsection (5) amended by No. 76 of 1979, s. 3 ][Section 30A Amended by No. 5 of 1990, s. 3 and Sched. 1 ]

(1)  For the purposes of this Act, there shall be constituted a tribunal to be called the Public Vehicles Licensing Appeal Tribunal (in this Part referred to as "the tribunal").

(2)  [Section 30A Subsection (2) substituted by No. 102 of 1985, s. 4 ]The tribunal shall consist of –

(a) one member and one deputy member appointed by the Governor, who shall be magistrates;

(b) one member and one deputy member appointed by the Governor on the nomination of the Commission; and

(c) 4 members and 4 deputy members appointed by the Governor on the nomination of the Minister, of whom –

(i) one member and one deputy member shall be experienced in the field of the carriage of goods by road;

(ii) one member and one deputy member shall be experienced in the field of the carriage of passengers by road;

(iii) one member and one deputy member shall be experienced in the field of cab and hire-car operations; and

(iv) one member and one deputy member shall be experienced in the field of the carriage of passengers and goods by aircraft.

(3)  [Section 30A Subsection (3) substituted by No. 102 of 1985, s. 4 ]The member of the tribunal referred to in paragraph (a) of subsection (2) shall be the chairman of the tribunal and the deputy member of the tribunal referred to in that paragraph shall be the deputy chairman of the tribunal.

(3A)  [Section 30A Subsection (3A) inserted by No. 74 of 1968, s. 4 ]For the purpose of hearing any proceedings the tribunal shall be constituted of 3 persons, of whom –

(a) one shall be the chairman of the tribunal;

(b) one shall be a member or a deputy member referred to in paragraph (b) of subsection (2) ; and

(c) one shall be a member or a deputy member referred to in paragraph (c) of subsection (2) appointed pursuant to subsection (3AB) .

(3AB)  [Section 30A Subsection (3AB) inserted by No. 102 of 1985, s. 4 ]The chairman of the tribunal shall –

(a) select a field referred to in subsection (2) (c) as being the field that is most appropriate to the subject-matter of the proceedings to be heard by the tribunal; and

(b) direct the member or deputy member experienced in that field to sit on the tribunal for the purpose of hearing those proceedings.

(3B)  [Section 30A Subsection (3B) substituted by No. 76 of 1979, s. 3 ]Whenever the chairman of the tribunal –

(a) is by reason of illness or for any other reason unable to carry out his duties with respect to the hearing and determination of an appeal under section 30B ; or

(b) directs the deputy chairman of the tribunal to carry out those duties in his place –

the deputy chairman of the tribunal shall carry out those duties and, while so doing, shall be deemed to be the chairman of the tribunal for the purposes of, and in connection with, the hearing and determination of that appeal.

(3C)  [Section 30A Subsection (3C) inserted by No. 76 of 1979, s. 3 ]The deputy chairman of the tribunal shall not act as a member of the tribunal except as provided in subsection (3B) , and a deputy member, other than the deputy chairman of the tribunal, shall not act as a member of the tribunal unless directed to do so by the chairman of the tribunal or, where the deputy chairman of the tribunal is acting in place of the chairman, by the deputy chairman.

(4)  [Section 30A Subsection (4) amended by No. 74 of 1968, s. 4 ]Each member and deputy member of the tribunal shall hold office for such period as the Governor may determine and as may be specified in the instrument of his appointment.

(5)  [Section 30A Subsection (5) amended by No. 74 of 1968, s. 4 ]The members and deputy members of the tribunal (other than the chairman and deputy chairman) shall be entitled to be paid such remuneration and such travelling and other expenses, if any, as the Governor may determine.

(6)  [Section 30A Subsection (6) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The tribunal may, with the approval of the Secretary of the Department appoint an employee employed in the Department to be secretary of the tribunal.

(7)  [Section 30A Subsection (7) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The tribunal may, with the approval of the Head of an Agency within the meaning of the Tasmanian State Service Act 1984 , appoint an employee employed in that Agency to be secretary of the tribunal, and that employee may hold that office in conjunction with his position in the State Service.

(8)  [Section 30A Subsection (8) added by No. 29 of 1984, s. 3 and Sched. 1 ]The Commission shall pay to the Public Account such sum as may be determined by the Treasurer for the service of an employee, within the meaning of the Tasmanian State Service Act 1984 , appointed under subsection (7) , and the Treasurer may reimburse that sum to the Agency in which the employee is employed.

30B.   

[Section 30B Inserted by No. 69 of 1949, s. 17 ][Section 30B Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 30B Subsection (1) amended by No. 31 of 1961, s. 27 and s. 56 and Sched. 2 ][Section 30B Subsection (1) amended by No. 19 of 1983, s. 14 ][Section 30B Subsection (1) amended by No. 28 of 1995, s. 17 ][Section 30B Amended by No. 31 of 1961, s. 27 and s. 56 and Sched. 2 ][Section 30B Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 30B Subsection (9) amended by No. 53 of 1966, s. 2 ][Section 30B Subsection (1) amended by No. 73 of 1953, s. 5 ][Section 30B Subsection (1A) inserted by No. 31 of 1961, s. 27 and s. 56 and Sched. 2 ][Section 30B Subsection (2) substituted by No. 50 of 1956, s. 7 ][Section 30B Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 30B Subsection (4) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 30B Subsection (6) amended by No. 71 of 1995, s. 3 and Sched. 1 ][Section 30B Subsection (8) substituted by No. 31 of 1961, s. 27 ][Section 30B Repealed by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

30C.   

[Section 30C Inserted by No. 69 of 1949, s. 17 ][Section 30C Amended by No. 31 of 1961, s. 28 ][Section 30C Repealed by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

PART IV - Traffic

31.   Regulations on recommendation of committee or council

[Section 31 Amended by No. 55 of 1965, s. 5 ][Section 31 Amended by No. 37 of 1974, s. 6 and Sched. 1 ][Section 31 Amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 31 Subsection (1) amended by 25 Geo. V No. 78 ][Section 31 Subsection (1) amended by 1 Geo. VI No. 74, s. 2 ][Section 31 Subsection (1) amended by No. 31 of 1961, s. 29 and s. 56 and Sched. 2 ][Section 31 Subsection (1) amended by No. 98 of 1973, s. 4 ][Section 31 Subsection (1) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 31 Subsection (1) amended by No. 9 of 1983, s. 4 ][Section 31 Subsection (1) amended by No. 54 of 1992, s. 5 ][Section 31 Subsection (1) amended by No. 62 of 1992, s. 4 ][Section 31 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 31 Subsection (2) amended by No. 31 of 1961, s. 29 and s. 56 and Sched. 2 ][Section 31 Subsection (2) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 31 Amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 31 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 31 Subsection (1) amended by 21 Geo. V No. 52, s. 3 ]The Governor may make regulations prescribing all matters and things which may be necessary or desirable for regulating and controlling the driving, using, and having in possession of any vehicle or class of vehicle in any public street or any specified part thereof; and prohibiting in any such street or part any act, matter, or thing calculated to cause damage to such street or to cause injury, danger, inconvenience, or annoyance to the public or any person or to any property; or regulating the doing of any such act, matter, or thing, for the purpose of obviating or minimizing such damage, injury, danger, inconvenience, or annoyance as aforesaid; and in addition to any other powers hereby conferred may make regulations –

(a) prescribing the ages of persons who may drive or have charge of any vehicle, or any particular class or kind of vehicle, and prohibiting persons under the prescribed age from driving or having charge of any vehicle, or any particular class or kind of vehicle;

(b) prohibiting or restricting the use of any vehicle, or any kind or class of vehicle, upon any specified public streets, or within the public streets in any specified area, either generally or within certain hours;

(c) providing for the erection of uniform signs and notices for the guidance of drivers of vehicles or any kind or class of vehicles;

(d) regulating the traffic and standing of vehicles and horses, or either of them, in public streets, and prescribing what routes shall be followed, the pace of vehicles and horses, and where and under what conditions they may stand, in public streets;

(e) prescribing and regulating the carrying of lights in public streets;

(f) regulating the carrying on vehicles in public streets of long, large, heavy, or projecting articles;

(g) prohibiting or regulating the carrying or displaying of advertisements or placards by any person, or on any vehicles, or the carrying or using of noisy instruments on vehicles or horses in public streets;

(h) [Section 31 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

(i) prescribing and regulating the affixing and use of bells or alarms on vehicles;

(j) prescribing and regulating the seizure and custody of unattended vehicles and horses in public streets, and providing for the recovery of the expenses of the custody and keep of the same, and the disposal of such vehicles and horses after failure within the time prescribed to claim the same, or to pay such expenses;

(k) prohibiting the use in public streets of horses that are unfit for use, vicious, or likely to cause any accident or injury to any person or property in such streets; providing that vehicles, harness, and equipment used in public streets shall be so constructed and in such condition as to be suitable for safe use in such streets; and providing that the owner and driver of any horse, vehicle, harness, or equipment used in contravention of any regulation made under this paragraph, and the holder of a licence in respect of any such vehicle, shall each be guilty of an offence against this Act;

(l) prohibiting or regulating the setting up and use of stalls, stands, and vehicles for the sale of goods, or for the pursuit of any business, calling, or employment in any public street;

(m) prohibiting loitering and the obstruction of traffic in public streets, and the projection of any goods into or over any footway beyond the line of any building, and providing that any vehicle left unattended on a public street shall be deemed an obstruction, whether in fact it interferes with other vehicles or persons or not;

(n) preventing cruelty to horses in public streets;

(o) regulating the driving and leading of any kind of animals in public streets, and prescribing routes therefor;

(p) regulating pedestrian traffic upon, or the standing of persons in, the public streets;

(q) prohibiting the use of any public street for the passage of vehicles exceeding masses prescribed according to the class or equipment and load thereof, except upon conditions to be prescribed, and providing for the cases in which, and the manner in which, such use may be permitted by a prescribed officer, or otherwise, upon a guarantee by the user to repair any damage thereby caused to such streets, and how and to whom such guarantee shall be given;

(r) regulating and controlling processions in public streets;

(s) prescribing the time or period during which any vehicle may be left standing or unattended in the public street;

(t) prohibiting the leaving on the public street of any block or stone used to chock the wheels of vehicles;

(u) prohibiting or regulating the drawing or hauling, otherwise than upon a wheeled vehicle, of any timber, iron, stone, article, or other thing on any public street;

(v) prohibiting any article, drawn or trailed on any public street, from coming into contact with the surface of such public street;

(w) regulating and controlling, in the case of any specified road generally or during any specified period, any specific traffic, with power in particular to prescribe and regulate the kind and mass of loads to be carried or taken, having regard to the nature, condition, or class of road, with power to prohibit traffic of prescribed classes;

(x) prohibiting or regulating the use of any instrument for retarding the descent downhill of any vehicle which may injure the surface of the road; prohibiting the running of the wheels of any vehicle in any drain by the side of any road;

(y) regulating the speed at which vehicles, or any particular class of vehicles, of any specified weight, laden or unladen, may be driven in any public street, or within any specified area or part of a public street;

(z) regulating –

(i) the mass of the goods carried on a vehicle;

(ii) the mass supported by any tyre, wheel, axle, or other part of a vehicle; or

(iii) the mass transmitted to the road by a vehicle or part of the vehicle;

(zaa) providing for the charging of fees for or in relation to the granting of authorities for specified vehicles exceeding specified weights, masses or dimensions to be used on public streets and providing that such fees may be as specified in the regulations;

(za) regulating the manner in which heavy or heavily laden vehicles may use the public street, and prescribing the width of tyres to be used on any vehicle or any kind or class of vehicle;

(zb) prescribing the persons by, and to whom, the times at which, and the manner in which, notification of accidents in respect of vehicles shall be given;

(zc) prescribing any matter in connection with the use of, or traffic upon, the public streets which the Governor may deem necessary or expedient for the safety or convenience of the public, or otherwise in the public interest;

(zd) prescribing the mechanical instruments or devices which may be used to determine the mass, or relative proportion of mass, carried on or transmitted to the road by the axles or wheels of motor vehicles and trailers respectively; the persons by whom, and the conditions under which, the same may be so used; the testing of such instruments or devices; and the percentage of error which may be allowed therein; and generally regulating the use thereof;

(ze) prescribing the methods to be adopted for ascertaining the mass of any vehicle or any load carried therein, respectively, according to the nature and class of vehicle and the load carried; and how, when, and by whom the same shall be applied, and regulating the ascertainment and recording of such masses, and providing how, when, and to what extent such records or certified copies thereof or extractstherefrom shall be received as evidence of the facts therein stated;

(zf) .  .  .  .  .  .  .  .  

(zg) prescribing that an owner of a vehicle shall keep or cause to be kept in the vehicle, with respect to all or any of the loads carried thereon, the prescribed records or books; and providing for and regulating the inspection of such records or books; and

(zh) providing for the operation and testing of a photographic detection device; and

(zi) conferring on persons charged with an offence detected by a photographic detection device a right to inspect, or to receive a copy of, any photographic evidence before the hearing of the charge; and

(zj) applying to offences specified in the regulations that are detected by means of a photographic detection device; and

(zk) in the case of an offence committed by a body corporate, requiring the body corporate to give the name and address of the place of residence of the driver of the vehicle at the time of the offence.

(2)  [Section 31 Subsection (2) amended by 25 Geo. V No. 78 ]Where, in the case of a road under its control, a council is of opinion that regulations should be made prohibiting the traffic, either generally, or for any specified time, or for any specified period of the year, upon any particular road, of vehicles carrying loads –

(a) of any specified kind of goods;

(b) exceeding any specified mass; or

(c) exceeding any specified mass, of any particular class of goods –

the council may notify the Commission of such its opinion, and the Commission shall make a recommendation to the Governor that regulations be made accordingly.

(3)  [Section 31 Subsection (3) added by No. 36 of 1958, s. 4 and Sched. 5 ]Where the Commission is of the opinion that regulations should be made with respect to any matter referred to in subsection (2) , it shall recommend to the Governor that regulations be made accordingly.

(4)  [Section 31 Subsection (4) substituted by No. 52 of 1978, s. 2 ]Any regulations under this section regulating or restricting the mass of a vehicle and load (either generally or on a particular street or in any particular circumstance) –

(a) [Section 31 Subsection (4) amended by No. 71 of 1999, s. 5, Applied:24 Nov 1999] may provide that it is an offence, punishable on summary conviction, for a person to contravene any of those regulations and may provide in respect of any such offence a penalty not exceeding 20 penalty units for a first offence and a penalty not exceeding 40 penalty units for a second or subsequent offence; and

(b) may provide that, where a court convicts a person for a breach of those regulations, it shall impose an additional penalty calculated in the manner prescribed in the regulations with reference to the amount by which the mass transmitted to the road by the vehicle or part thereof exceeds that permitted by those regulations.

(5)  [Section 31 Subsection (5) omitted by No. 9 of 1983, s. 4 ].  .  .  .  .  .  .  .  

(5A)  [Section 31 Subsection (5A) omitted by No. 9 of 1983, s. 4 ].  .  .  .  .  .  .  .  

(6)  [Section 31 Subsection (6) added by No. 18 of 1962, s. 2 ]Any penalty imposed by virtue of subsection (4) on the conviction of a person for an offence shall –

(a) if the offence was committed on a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 , be paid into the State Highways Trust Fund; and

(b) if the offence was committed elsewhere, be paid into the municipal fund of the council of the municipal area in which the place at which the offence was committed is situated.

31A.   Nationally uniform road traffic laws

[Section 31A Inserted by No. 71 of 1999, s. 6, Applied:24 Nov 1999]

(1)  The Governor may, to further any scheme or agreement aimed at promoting or creating uniform or consistent national road transport legislation, make regulations prescribing –

(a) rules on road traffic matters that are uniform or essentially uniform, in content and style, with the road traffic legislation of other Australian jurisdictions; and

(b) all matters necessary or convenient to be prescribed for explaining, administering, enforcing or otherwise giving effect to or complementing those rules.

(2)  Without limiting the generality of subsection (1) , the regulations may apply to or provide for any matter that regulations under Part 2 of the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth may apply to or provide for.

(3)  The regulations may, for the purpose of consolidating the State's road traffic laws, include regulations prescribing road traffic laws that are peculiar to the State.

(4)  The regulations may –

(a) be referred to in those regulations, and in this Act or in any other Act or for any other purpose, as rules or road rules; and

(b) provide that any guide, diagram, example, note or other explanatory or illustrative item set out in those regulations is, or is not, a part of the regulations.

(5)  The regulations may –

(a) be of limited or general application; and

(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(c) impose a duty or confer a power on a specified person or a specified class of persons; and

(d) authorise any matter to be from time to time determined, applied or regulated by the Commission, the Commissioner of Police or a specified person; and

(e) provide for exemptions from the regulations; and

(f) provide for any transitional matters; and

(g) provide for the seizure and disposal of –

(i) abandoned vehicles; and

(ii) radar detectors, laser detectors and other devices that may hinder the proper enforcement of the regulations.

(6)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

32.   Reckless driving

[Section 32 Substituted by No. 14 of 1957, s. 2 ][Section 32 Subsection (1) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 32 Subsection (1) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 32 Subsection (2) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 32 Subsection (2) amended by No. 41 of 1987, s. 13 and Sched. 1 ]

(1)  [Section 32 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person who drives a motor vehicle on a public street recklessly, or at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition, and use of the public street and the amount of traffic that actually is at the time or that might reasonably be expected to be on the public street, is guilty of an offence against this Act and is liable on summary conviction to –

(a) [Section 32 Subsection (1) amended by No. 71 of 1999, s. 7, Applied:24 Nov 1999] a penalty not exceeding 20 penalty units, or to imprisonment for a term not exceeding 2 years, or both, for a first offence; and

(b) [Section 32 Subsection (1) amended by No. 71 of 1999, s. 7, Applied:24 Nov 1999] a penalty not exceeding 40 penalty units, or to imprisonment for a term not exceeding 4 years, or both, for a second or subsequent offence.

(2)  [Section 32 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 32 Subsection (2) substituted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] A person must not drive a motor vehicle on a public street negligently.

Penalty:  Fine not exceeding 5 penalty units.

(2A)  [Section 32 Subsection (2A) inserted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] A person must not cause the death of another person by driving a motor vehicle on a public street negligently.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 10 penalty units and imprisonment for a term not exceeding 1 year; and

(b) a subsequent offence, a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

(2B)  [Section 32 Subsection (2B) inserted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] A person must not cause grievous bodily harm to another person by driving a motor vehicle on a public street negligently.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 10 penalty units and imprisonment for a term not exceeding 6 months; and

(b) a subsequent offence, a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 1 year.

(2C)  [Section 32 Subsection (2C) inserted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] For the purpose of determining whether a person is driving a motor vehicle on a public street negligently, the following are to be taken into account:

(a) the circumstances of the case;

(b) the nature, condition and use of the public street;

(c) the amount of traffic that is actually at the time, or that might reasonably be expected to be, on the public street.

(3)  [Section 32 Subsection (3) amended by No. 15 of 2000, s. 6, Applied:28 Apr 2000] [Section 32 Subsection (3) amended by No. 83 of 1958, s. 6 ]Notwithstanding any other law to the contrary, proceedings in respect of offences under subsection (1) shall be heard and determined by a magistrate sitting alone.

(4)  [Section 32 Subsection (4) substituted by No. 94 of 1971, s. 5 ][Section 32 Subsection (4) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] .  .  .  .  .  .  .  .  

(4AA)  [Section 32 Subsection (4AA) substituted by No. 94 of 1971, s. 5 ][Section 32 Subsection (4AA) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] .  .  .  .  .  .  .  .  

(4A)  [Section 32 Subsection (4A) inserted by No. 31 of 1961, s. 30 ][Section 32 Subsection (4A) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] .  .  .  .  .  .  .  .  

(4B)  [Section 32 Subsection (4B) inserted by No. 31 of 1961, s. 30 ][Section 32 Subsection (4B) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] .  .  .  .  .  .  .  .  

(5)  A person may lawfully be charged and convicted of an offence under this section notwithstanding that death or bodily harm has resulted from the driving of the motor vehicle in the circumstances that are the subject of the charge and that he might have been charged with a crime under the Criminal Code arising out of the same circumstances.

(6)  A police officer may apprehend without warrant the driver of a motor vehicle who commits an offence under subsection (1) within his view if the driver refuses to give his name and address when required so to do by the police officer, or if the motor vehicle does not bear a distinguishing number or mark of identification, or its proper distinguishing number or mark of identification.

(7)  If the driver of a motor vehicle who commits an offence under subsection (1) refuses to give his name and address when required so to do, or gives a false name or address, he is guilty of an offence against this Act, and it is the duty of the owner of the vehicle, if required by a police officer, to give any information that it is within his power to give, and that may lead to the identification and apprehension of the driver, and if the owner fails to do so he also is guilty of an offence against this Act.

33.   Duty of driver to stop and assist in case of accident

[Section 33 Subsection (2) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 33 Subsection (1) amended by 25 Geo. V No. 78 ][Section 33 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 33 Substituted by No. 71 of 1999, s. 8, Applied:24 Nov 1999]

(1)  In this section –

crash includes –

(a) a collision between 2 or more vehicles; or

(b) any other accident or incident in which a person is or may have been killed or injured, property is or may have been damaged, or an animal in someone's charge is or may have been injured;

driver means a person –

(a) driving a vehicle; or

(b) riding, leading or otherwise in charge of an animal.

(2)  A driver who is involved in a crash must –

(a) stop immediately; and

(b) stay at the scene of the crash; and

(c) give any assistance which may be necessary or practicable in the circumstances and which it is in the driver's power to give.

Penalty:  Fine not exceeding 80 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  The driver is not guilty of an offence under this section if he or she leaves the scene of the crash solely for the purposes of seeking medical, police or other emergency assistance in connection with the crash.

(4)  It is a defence to a charge under this section that the driver was unaware that the crash had occurred and that the lack of awareness was not due to carelessness or recklessness.

33A.   Overtaking restive horses, &c.

[Section 33A Inserted by No. 71 of 1999, s. 8, Applied:24 Nov 1999]

(1)  In this section –

animals means horses, or cattle, that are being led or ridden on a public street or are drawing a load on a public street;

approaching means approaching from any direction.

(2)  A person in charge of animals that have become restive or alarmed may direct the driver of an approaching motor vehicle to stop and remain stationary until the animals are under control and settled and it is safe for the driver to proceed.

(3)  The direction may be given by words or gestures or by a combination of words and gestures.

(4)  A person driving a motor vehicle on a public street must obey a direction given to the person under subsection (2) .

Penalty:  Fine not exceeding 20 penalty units.

(5)  A person in charge of animals on a public street must not give a direction under subsection (2) without reasonable cause.

Penalty:  Fine not exceeding 20 penalty units.

34.   Disqualification of drivers, &c.

[Section 34  Renumbered by No. 96 of 1976, s. 2 and Sched. 1 ]

(1)  Where a person is convicted of an offence against this Act as the driver or person in charge of a motor vehicle, the court may order that he be disqualified for obtaining or holding a driver's licence for such period as the court may specify.

(2)  The powers of a court under subsection (1) in relation to the conviction of a person for an offence may be exercised in addition to or in lieu of the exercise of any other powers that the court may have in relation to that conviction.

35.   Commencement of period of disqualification

[Section 35 Inserted by No. 96 of 1976, s. 7 ]

(1)  [Section 35 Subsection (1) amended by No. 76 of 1979, s. 4 ]Where a court orders a person to be disqualified for obtaining or holding a driver's licence it may order that the period of disqualification shall commence at the expiration of any period of disqualification already imposed on that person.

(2)  [Section 35 Subsection (2) amended by No. 76 of 1979, s. 4 ]Where a court orders a person to be disqualified for obtaining or holding a driver's licence –

(a) it may, if it is satisfied that reasonable cause exists for doing so, order that the disqualification shall take effect from a day or hour subsequent to the time of the making of the order; and

(b) it shall, where an order of disqualification is made in the absence of that person, order that the commencement of that period be postponed for a period not less than 10 days.

(3)  Where the period of disqualification is postponed under subsection (2) the period shall be deemed to have commenced –

(a) at the date of the expiration of the period of postponement; or

(b) if the licence is surrendered to the Commission during the period of postponement, on the date of surrender –

and for the purposes of this subsection period of postponement means the period for which the commencement of the period of disqualification is postponed.

(4)  Where an order of disqualification is postponed pursuant to subsection (2) , section 38 does not apply until the period of disqualification commences.

36.   Restricted licences

[Section 36  Renumbered by No. 96 of 1976, s. 2 and Sched. 1 ]

(1)  Where on conviction for an offence under this Act or pursuant to section 43E a person is disqualified for obtaining or holding a driver's licence, an order may be made under this section authorising the granting to him of a driver's licence (in this section referred to as a "restricted licence") that authorises him to drive a motor vehicle subject to such conditions or restrictions as shall be specified in the order, and notwithstanding his being so disqualified but subject otherwise to the provisions of this Act a restricted licence may be issued to him that conforms with the terms of the order.

(1A)  [Section 36  Subsection (1A) inserted by No. 58 of 1977, s. 3 ]Where a person is disqualified elsewhere than in this State for holding or obtaining a licence or other authority authorising him to drive a motor vehicle, he may apply for an order to be made under this section in like manner as if that disqualification had arisen from an offence under this Act.

(2)  Notwithstanding anything in this Act a restricted licence shall contain such conditions or restrictions as are necessary to conform with an order made under subsection (1) .

(3)  An order referred to in subsection (1) may be made by a magistrate on application, made in the prescribed manner, by the person disqualified.

(4)  No order shall be made under this section unless the magistrate is satisfied –

(a) that the disqualification will impose or is imposing severe and unusual hardship on that person or his dependants;

(b) that the powers of this section should be exercised for the purpose of mitigating or alleviating that hardship; and

(c) that the exercise of those powers for that purpose would not be contrary to the public interest.

(5)  The holder of a restricted licence shall while driving or in charge of a motor vehicle have the restricted licence with him.

(6)  The holder of a restricted licence shall, while driving or in charge of a motor vehicle, produce his restricted licence to a police officer on demand being made therefor by that officer.

(7)  Where a person in respect of whom an order is in force under subsection (1) is convicted of an offence –

(a) in respect of which he is disqualified for obtaining or holding a driver's licence, the court shall revoke that order; or

(b) in respect of which he is not disqualified for obtaining or holding a driver's licence, the court may revoke or vary that order.

(8)  On an application made by a person to whom an order under subsection (1) relates a magistrate may vary that order.

(9)  Where an order is revoked or varied under subsection (7) or is varied under subsection (8) the person to whom the order relates –

(a) shall deliver the restricted licence held by him to the registering authority within 14 days of the revocation or variation; and

(b) shall, unless it has already been delivered to the registering authority, deliver the restricted licence to a police officer or an authorised officer on demand being made therefor by that officer.

(10)  Where an order is varied under subsection (7) or subsection (8) the restricted licence then in force pursuant to the order shall (until that licence is varied, cancelled, or otherwise ceases to have effect) be deemed to authorise the holder to drive a motor vehicle in accordance with the order as varied but not otherwise.

(10A)  [Section 36  Subsection (10A) substituted by No. 41 of 1987, s. 13 and Sched. 1 ]A person in respect of whom an order is in force under this section and who drives a motor vehicle in a public street otherwise than in accordance with the conditions or restrictions contained in the order is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 3 months or both.

(11)  A restricted licence issued under this section takes effect as a provisional licence except where a person was the holder of a driver's licence other than a provisional licence immediately preceding his disqualification.

(12)  This section has effect subject to section 19 of the Road Safety (Alcohol and Drugs) Act 1970 .

(13)  Nothing in this section prejudices or affects the powers of the registering authority under any of the provisions of this Act.

36A.   Restriction placed on re-issue of certain licences

[Section 36A Inserted by No. 83 of 1978, s. 8 ]

(1)  Subject to subsection (2) , a person in respect of whom an order is made under section 18 of the Road Safety (Alcohol and Drugs) Act 1970 requiring that person to attend a prescribed course is not entitled to obtain or hold a learner's licence or an authority to drive (within the meaning of that section) until the Registrar of Motor Vehicles has in his possession a copy of a certificate issued under that section.

(2)  Nothing in subsection (1) prejudices the granting of a restricted licence in accordance with section 36 to a person to whom section 18 of the Road Safety (Alcohol and Drugs) Act 1970 applies.

37.   Driving while disqualified

[Section 37  Inserted by No. 74 of 1968, s. 7 ][Section 37  Amended by No. 77 of 1970, s. 32 and Sched. 2 ][Section 37  Amended by No. 119 of 1973, s. 3 ][Section 37  Renumbered by No. 96 of 1976, s. 2 and Sched. 1 ][Section 37  Amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 37  Amended by No. 17 of 1979, s. 2 ]

(1)  [Section 37  Subsection (1) substituted by No. 41 of 1987, s. 13 and Sched. 1 ]A person who drives a motor vehicle in a public street while he is disqualified under this Act or any other Act for holding or obtaining a driver's licence is guilty of an offence and is liable on summary conviction to –

(a) a penalty not exceeding 5 penalty units, or to imprisonment for a term not exceeding 3 months, or both, for a first offence; and

(b) a penalty not exceeding 10 penalty units, or to imprisonment for a term not exceeding 6 months, or both, for a second or subsequent offence.

(2)  [Section 37  Subsection (2) substituted by No. 96 of 1976, s. 2 and Sched. 1 ]This section does not apply in respect of a disqualification for holding or obtaining a licence imposed under the Road Safety (Alcohol and Drugs) Act 1970 or under section 41 of this Act as it had effect before the commencement of that Act, nor does it apply to the driving of a motor vehicle in accordance with a restricted licence referred to in section 36 .

(3)  [Section 37  Subsection (3) inserted by No. 17 of 1979, s. 2 ]Where a police officer finds a person committing an offence against subsection (1) or has reasonable grounds to believe that a person has committed such an offence, he may arrest that person without warrant and may impound any vehicle in the charge of or driven by that person and remove the vehicle to a convenient place for safe keeping.

(4)  [Section 37  Subsection (4) inserted by No. 17 of 1979, s. 2 ]Where a motor vehicle is impounded under subsection (3) , any person who would, but for the impounding of the vehicle, have a right to possession of the vehicle is entitled to have the vehicle delivered to him unless a police officer notifies the person that the police officer has reasonable grounds for believing that, if that person then drove the vehicle on a public street, he would be committing an offence, whether against subsection (1) or not.

(5)  [Section 37  Subsection (5) inserted by No. 17 of 1979, s. 2 ]In any proceedings taken against a person for an offence relating to the circumstances giving rise to the impounding of a motor vehicle under subsection (3) , the court before which the proceedings are taken may order the person to pay any costs or expenses incurred in connection with the impounding, removal, or safe keeping of the vehicle if it is of the opinion that there were reasonable grounds for incurring those costs or expenses.

38.   Effect of disqualification

[Section 38  Inserted by No. 31 of 1961, s. 31 ][Section 38  Amended by No. 119 of 1973, s. 4 ][Section 38  Amended by No. 37 of 1974, s. 3 ][Section 38  Renumbered by No. 96 of 1976, s. 2 and Sched. 1 ][Section 38  Subsection (5) amended by No. 77 of 1970, s. 32 and Sched. 2 ]

(1)  [Section 38  Subsection (1) substituted by No. 93 of 1963, s. 6 ]Where a person is disqualified for obtaining or holding a driver's licence for a period of less than 3 months any driver's licence held by him is suspended for so long as the disqualification remains in force and, while it remains so suspended, is of no effect.

(1A)  [Section 38  Subsection (1A) inserted by No. 93 of 1963, s. 6 ]Where a person is disqualified for obtaining or holding a driver's licence for a period of not less than 3 months any driver's licence held by him is cancelled.

(1B)  [Section 38  Subsection (1B) omitted by No. 58 of 1993, s. 4 ].  .  .  .  .  .  .  .  

(1C)  [Section 38  Subsection (1C) omitted by No. 75 of 1978, s. 7 ].  .  .  .  .  .  .  .  

(1CA)  .  .  .  .  .  .  .  .  

(1D)  [Section 38  Subsection (1D) omitted by No. 75 of 1978, s. 7 ].  .  .  .  .  .  .  .  

(1E)  [Section 38  Subsection (1E) omitted by No. 75 of 1978, s. 7 ].  .  .  .  .  .  .  .  

(1F)  [Section 38  Subsection (1F) omitted by No. 75 of 1978, s. 7 ].  .  .  .  .  .  .  .  

(1G)  [Section 38  Subsection (1G) omitted by No. 75 of 1978, s. 7 ].  .  .  .  .  .  .  .  

(2)  Where a driver's licence is suspended under this section the Commission may retain that licence in its possession for so long as it is so suspended.

(3)  [Section 38  Subsection (3) amended by No. 93 of 1963, s. 6 ]Where a driver's licence is cancelled or suspended or is of no effect by virtue of subsection (4) or subsection (5) the person by whom it is held shall, on demand being made to him by a police officer or an authorised officer, deliver the licence to that police officer or authorised officer or to the Commission.

(4)  [Section 38  Subsection (4) substituted by No. 10 of 1980, s. 3 ]A person who is disqualified for obtaining or holding a driver's licence may, not earlier than one month prior to the completion of the period for which he is so disqualified, apply for a driver's licence but is not entitled to such a licence until the expiration of the period for which he is so disqualified.

(4A)  [Section 38  Subsection (4A) inserted by No. 10 of 1980, s. 3 ] Subsection (4) does not apply to the application for or the obtaining of a restricted licence under section 36 .

(4B)  [Section 38  Subsection (4B) omitted by No. 96 of 1976, s. 9 ].  .  .  .  .  .  .  .  

(4C)  [Section 38  Subsection (4C) omitted by No. 96 of 1976, s. 9 ].  .  .  .  .  .  .  .  

(5)  [Section 38  Subsection (5) amended by No. 43 of 1969, s. 3 ]No person who has been disqualified for obtaining or holding a driver's licence shall apply for, or obtain, a driver's licence unless he gives to the authority issuing the licence particulars of that disqualification, and a driver's licence obtained by such a person without giving to that authority those particulars, is of no effect.

(6)  [Section 38  Subsection (6) omitted by No. 74 of 1968, s. 8 ].  .  .  .  .  .  .  .  

(7)  [Section 38  Subsection (7) omitted by No. 96 of 1976, s. 9 ].  .  .  .  .  .  .  .  

(8)  [Section 38  Subsection (8) added by No. 26 of 1966, s. 5 ]Where under, or by virtue of the operation of, a provision of an Act other than this Act, a person is disqualified for obtaining or holding a driver's licence or a driver's licence is suspended, the provisions of this section, with the necessary adaptations, apply and have effect as if the disqualification or suspension were imposed under, or arose by virtue of the operation of, a provision of this Act, and this section shall be construed accordingly.

(9)  [Section 38  Subsection (9) inserted by No. 96 of 1976, s. 2 and Sched. 1 ]For so long as a person is disqualified under this or any other Act for obtaining or holding a driver's licence, any licence or authority issued elsewhere than in this State by virtue of which, if he were not so disqualified, he would be authorised to drive a vehicle in this State is of no effect for the purposes of this Act.

(10)  [Section 38  Subsection (10) inserted by No. 96 of 1976, s. 2 and Sched. 1 ]Where a licence or other authority is of no effect for the purposes of this Act pursuant to subsection (9) the person by whom it is held shall, on demand being made to him by a police officer or an authorised officer, deliver that licence or other authority to that police officer or authorised officer or to the Commission.

(11)  [Section 38  Subsection (11) added by No. 96 of 1976, s. 2 and Sched. 1 ]So long as a licence or authority is, pursuant to this section, of no effect for the purposes of this Act it may be retained in the possession of the Commission.

39.   Endorsement of licences

[Section 39  Substituted by No. 74 of 1968, s. 10 ][Section 39  Amended by No. 37 of 1974, s. 4 ][Section 39  Amended by No. 119 of 1973, s. 5 ][Section 39  Renumbered by No. 96 of 1976, s. 2 and Sched. 1 ]

(1)  [Section 39  Subsection (1) substituted by No. 96 of 1976, s. 10 ]Where a court orders that a person be disqualified for obtaining or holding a driver's licence it shall forthwith cause the Commission to be notified of the making of the order.

(2)  [Section 39  Subsection (2) substituted by No. 96 of 1976, s. 10 ]Forthwith on making an order under section 36 in respect of a person the court shall cause the Commission to be notified of the contents of the order.

(3)  [Section 39  Subsection (3) omitted by No. 96 of 1976, s. 10 ].  .  .  .  .  .  .  .  

(4)  [Section 39  Subsection (4) omitted by No. 10 of 1980, s. 4 ].  .  .  .  .  .  .  .  

(5)  [Section 39  Subsection (5) omitted by No. 96 of 1976, s. 10 ].  .  .  .  .  .  .  .  

40.   Temporary closure of public streets

[Section 40  Substituted by No. 93 of 1963, s. 8 ][Section 40  Renumbered by No. 96 of 1976, s. 2 and Sched. 1 ]

(1)  The Commissioner of Police where he considers it desirable so to do for the purpose of facilitating the holding of any public event or the carrying out of any arrangements in connection therewith may, by notice in a newspaper circulating in the area in which the public event is to be held, give authority for –

(a) the closing of any street; or

(b) the prohibition of the use of any public street by traffic of any class or kind –

at or during such times as may be specified in the notice and subject to such conditions, restrictions, or exceptions as may be so specified.

(2)  Without prejudice to the generality of the provisions of subsection (1) the holding of any motor vehicle race or reliability trial wholly or partly on a public street shall, for the purposes of this section, be regarded as the holding of a public event.

(3)  An authority granted under this section in relation to a public event may be granted on the condition that there is entered into such a policy of insurance with respect to any death or bodily injury, or any damage or injury to property, that may arise from the holding of that public event as the Commissioner of Police may approve or direct.

(4)  For the purpose of giving effect to an authority given under this section a police officer or, with the approval of the Commissioner, any other person, may place or erect in a public street any barriers, signs, or other devices or things and may give directions to any person in relation to the use of the public street to which the authority relates.

(5)  Where the Commissioner of Police or a police officer is satisfied that there exists in a public street an obstruction or danger to traffic or that such an obstruction or danger is likely to arise, he may give, or cause to be given, such directions, or take, or cause to be taken, such action, as he considers necessary or desirable in the circumstances to close that street or to prevent or restrict its use.

(6)  A person who disobeys or fails to comply with any directions given to him by a police officer in pursuance of subsection (4) or (5) is guilty of an offence under this Act.

(7)  In this section public event includes any event that the public are intended or are invited to view or in which the public are invited to take part, whether on payment or otherwise.

(8)  [Section 40  Subsection (8) substituted by No. 54 of 1964, s. 3 ]An authority shall not be given under subsection (1) in respect of a street in the city of Hobart or the city of Launceston.

41.   Refusing to give name and address, &c.

[Section 41 Substituted by No. 34 of 1981, s. 4 ]

(1)  [Section 41 Subsection (1) amended by No. 86 of 1995, s. 8 ]A person who, when required by a police officer or an authorised officer in the execution of his duty under this Act –

(a) to give that person's name, age, or the address of his place of residence; or

(ab) where that person is the owner of a vehicle, to give –

(i) the name and address of the place of residence of any person who on a specified occasion was the driver of the vehicle; or

(ii) the number of the driving licence held by any such person and the State and Territory in which it was issued; or

(b) where that person is the driver of a vehicle and is not the owner of the vehicle – to give the name and the address of the place of residence of the owner of the vehicle –

fails or refuses to do so, or gives particulars which he knows are likely to mislead the police officer or authorised officer, is guilty of an offence against this Act.

(2)  [Section 41 Subsection (2) amended by No. 86 of 1995, s. 8 ]Where a request is made of a person by a police officer or authorised officer under subsection (1) (ab) or (b) , that person is not guilty of an offence under this Act by reason of his failure to give the name and address of the place of residence of the owner of the vehicle he is driving if he proves to the satisfaction of the court before which he is prosecuted for that offence that he did not know, and could not with reasonable diligence have ascertained and given, the particulars requested.

(3)  A police officer may arrest a person without warrant if that person, in response to a request made by the officer under subsection (1)(a)  –

(a) refuses to give his name or the address of his place of residence; or

(b) gives a name or an address of a place of residence that the officer has reasonable grounds for believing is false or misleading.

(4)  [Section 41 Subsection (4) substituted by No. 86 of 1995, s. 8 ]A police officer or authorised officer in the execution of his or her duty under this Act may require a person giving particulars under this section –

(a) to sign his or her name; or

(b) to provide any such particulars in writing supported by statutory declaration –

and a person who fails to comply with any such requirement is guilty of an offence against this Act.

(5)  [Section 41 Subsection (5) inserted by No. 86 of 1995, s. 8 ]In the application of subsection (4) to a body corporate, the statutory declaration is to be made by –

(a) a director, secretary or manager of the body corporate; or

(b) any other person who, in the opinion of the police officer or authorised officer –

(i) substantially controls its affairs; or

(ii) is able to provide any information relating to the use of the vehicle at the time of the alleged offence.

41A.   Power of police officer to forbid incapable person to drive, &c.

[Section 41A Inserted by No. 75 of 1957, s. 5 ]

(1)  Where a police officer is of the opinion that a person who is for the time being in charge of a motor vehicle is, by reason of his physical or mental condition, however arising, incapable of having proper control of the motor vehicle, the police officer may –

(a) forbid that person to drive the motor vehicle;

(b) direct that person to deliver up to the police officer forthwith all ignition keys and other keys of the motor vehicle that are in that person's possession; and

(c) take such steps as may be necessary to render the motor vehicle immobile or to remove it to a place of safety.

(2)  A person who fails to comply with a direction given to him under subsection (1) or does an act that is for the time being forbidden under that subsection is guilty of an offence against this Act, but no person shall be convicted of an offence under this subsection unless the court before which he is charged is satisfied that the police officer had reasonable grounds for believing that, in all the circumstances of the case, the direction or prohibition was necessary in the interests of the defendant, or of any other person, or of the public.

(3)  Subject to subsection (4) , where a police officer exercises the powers conferred by subsection (1) , he shall retain the ignition keys and other keys of the motor vehicle and cause the motor vehicle to be kept immobile or in a place of safety until such time as, in his opinion, the person referred to in the last-mentioned subsection is capable of having proper control of the motor vehicle.

(4)  Notwithstanding anything in subsection (3) , a person who is directed or forbidden to do anything, pursuant to subsection (1) , may, at the time when the direction or prohibition is given or imposed or at any time thereafter, request that –

(a) his capacity to have proper control of the motor vehicle be determined by a police officer (in this subsection referred to as "the senior police officer") of a higher rank than the police officer who gave the direction or imposed the prohibition, if the last-mentioned police officer is of a rank lower than inspector; or

(b) he be permitted to submit himself for examination by a legally-qualified medical practitioner –

and if it is reasonably practicable that the request be granted the police officer who gave the direction or imposed the prohibition shall make the necessary arrangements accordingly, and if the senior police officer or the medical practitioner, as the case may be, certifies that he is of the opinion that that person is capable of having proper control of the motor vehicle, the police officer who has possession of the ignition keys and other keys of the motor vehicle shall forthwith return them to that person and, if the motor vehicle has been rendered immobile, shall also without further delay cause it to be again returned to running order.

41B.   Obstructing police officers or authorised officers

[Section 41B Inserted by No. 34 of 1981, s. 5 ]A person who obstructs a police officer or an authorised officer exercising a power under this Act is guilty of an offence against this Act.

41C.   

[Section 41C Repealed by No. 77 of 1970, s. 32 and Sched. 2 ].  .  .  .  .  .  .  .  

41D.   

[Section 41D Repealed by No. 77 of 1970, s. 32 and Sched. 2 ].  .  .  .  .  .  .  .  

42.   Power of Commission to make orders regulating traffic on special occasions

[Section 42 Amended by 25 Geo. V No. 78 ][Section 42 Amended by No. 36 of 1958, s. 4 and Sched. 5 ]The Commission may, by order published in a newspaper, prescribe the route of vehicles, horses, and persons on the occurrence of any public procession or demonstration, or on any occasion when public streets are likely to be thronged or obstructed, and regulate the traffic of vehicles, horses, and persons, in public streets on such occasions; and any such order shall have the effect of a regulation under this Act.

43.   Removal of rubbish in public street

[Section 43 Amended by 25 Geo. V No. 78 ][Section 43 Amended by No. 36 of 1958, s. 4 and Sched. 5 ]If any goods or rubbish, or other article or thing whatever, is placed or allowed to remain in any public street, to the obstruction, annoyance, or danger of the residents or other persons, it shall be lawful for any police officer to remove or cause the same to be immediately removed and carried to any place of safety, and to detain the same until the expenses of removal and detention are paid, and if such expenses shall not be paid within 7 days after such removal, to sell or dispose of the same, and apply the proceeds as the Commission may direct.

43A.   

[Section 43A Inserted by No. 26 of 1966, s. 9 ][Section 43A Subsection (1A) inserted by No. 37 of 1976, s. 4 ][Section 43A Subsection (2) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 43A Repealed by No. 71 of 1999, s. 4, Applied:01 Dec 1999] .  .  .  .  .  .  .  .  

PART IVA - The Demerit Points System

[Part IVA Inserted by No. 50 of 1971, s. 4 ]

43AA.   Interpretation of Part

[Section 43AA Inserted by No. 58 of 1993, s. 5 ]In this Part –

interstate demerit point means a demerit point awarded against a person for an interstate offence;

interstate offence means an offence, under a law of another State or a Territory of the Commonwealth, that corresponds to an offence that is prescribed for the purposes of this Part or Part IVB .

43B.   Prescribed offences for Part IVA

[Section 43B Substituted by No. 34 of 1987, s. 7 ]

(1)  The Governor may make regulations prescribing offences for the purposes of this Part and the penalty and the demerit points applicable to each such offence.

(2)  [Section 43B Subsection (2) substituted by No. 71 of 1999, s. 10, Applied:24 Nov 1999] An offence prescribed under subsection (1) may be an offence under –

(a) this Act or any other Act dealing with vehicles or traffic; or

(b) a regulation made under this Act or any other Act dealing with vehicles or traffic.

43C.   Award of demerit points on conviction

[Section 43C Inserted by No. 50 of 1971, s. 4 ]

(1)  Subject to this section, where a person is convicted of a prescribed offence the court shall award against him the number of demerit points prescribed in respect of that offence.

(2)  Where the number of demerit points prescribed in respect of an offence depends on facts that do not necessarily have to be established for a conviction for that offence a court in convicting a person of that offence shall declare such of those facts as it finds have been established on the trial of that person for that offence.

(3)  [Section 43C Subsection (3) amended by No. 96 of 1976, s. 11 ]Where, on the conviction of a person for a prescribed offence, the court is satisfied that, having regard to the circumstances in which the offence was committed, no demerit points should be awarded against him in respect of that conviction or a number of points less than the number that would otherwise be awarded in respect of that conviction should be so awarded it may, as it considers just in the circumstances, refrain from awarding him any demerit points or award him a number of demerit points less than the number that would otherwise be awarded in respect of that conviction.

(4)  In a case where 2 or more offences are committed by the same person and, having regard to the nature of the offences and the circumstances in which they were committed, the court is of the opinion that they can fairly be regarded as having arisen out of the same occurrence or out of a course of conduct pursued by that person at the time at which the offences were committed, it may, if it considers it just so to do, treat the fact that they may so be regarded as a special circumstance for the purposes of subsection (3) .

(5)  [Section 43C Subsection (5) added by No. 96 of 1976, s. 11 ]Where on conviction for an offence a person has been disqualified for obtaining or holding a driver's licence for any period, no demerit points shall be awarded against that person in respect of that offence.

43D.   Award of demerit points on infringement notice

[Section 43D Inserted by No. 50 of 1971, s. 4 ][Section 43D Amended by No. 34 of 1987, s. 8 ]Where a traffic infringement notice has been accepted by the person on whom it was served, and has not been withdrawn, there shall be awarded against that person the largest number of demerit points prescribed in respect of an offence indicated in the notice as an offence in respect of which it was served.

43DA.   No demerit points for joint offences

[Section 43DA Inserted by No. 54 of 1992, s. 6 ]Where 2 or more registered owners of a motor vehicle are found guilty of an offence of exceeding a prescribed speed limit that has been detected by a photographic detection device, no demerit points may be awarded in respect of that offence.

43DB.   Limitations of demerit points in certain cases

[Section 43DB Inserted by No. 54 of 1992, s. 6 ]

(1)  In this section, speeding offence means an offence of exceeding a prescribed speed limit that is detected by means of a photographic detection device.

(2)  Notwithstanding any other provision of this Part, if –

(a) a person has committed a speeding offence; and

(b) in the period of time between the commission of the offence and the service of the traffic infringement notice or summons in respect of the offence the person has committed a subsequent speeding offence –

that person may give written notice to the Commissioner of Police that he or she has committed the speeding offence and the subsequent offence and, if the Commissioner or a police officer authorised by the Commissioner is satisfied as to those facts, no demerit points are to be awarded against that person for the subsequent speeding offence.

(3)  If the court before which the subsequent speeding offence is heard is satisfied as to the facts mentioned in subsection (2) , no demerit points are to be awarded against that person for the subsequent speeding offence.

(4)  If any demerit points have been awarded against a person for a subsequent speeding offence as mentioned in subsection (2) , those demerit points are taken to be withdrawn.

43E.   Liability for disqualification on accumulation of demerit points

[Section 43E Inserted by No. 50 of 1971, s. 4 ][Section 43E Amended by No. 58 of 1993, s. 6 ][Section 43E Amended by No. 34 of 1987, s. 9 ][Section 43E Amended by No. 58 of 1993, s. 6 ]

(1)  [Section 43E Subsection (1) amended by No. 58 of 1993, s. 6 ]Where, in respect of the offences committed by a person during any period of 3 years or less, the aggregate number of demerit points awarded against him is 12 or more, that person is liable to be disqualified under this section for obtaining or holding a driver's licence.

(1A)  [Section 43E Subsection (1A) inserted by No. 96 of 1976, s. 12 ]Where in respect of the offences committed by a person while he is the holder of a provisional licence the aggregate number of demerit points awarded against him is 4 or more in any period of 12 months or less, that person is liable to be disqualified under this section for obtaining or holding a driver's licence.

(1B)  [Section 43E Subsection (1B) inserted by No. 58 of 1993, s. 6 ]The offences and aggregate number of demerit points referred to in subsections (1) and (1A) are inclusive of any interstate offences and any interstate demerit points respectively.

(2)  [Section 43E Subsection (2) amended by No. 58 of 1993, s. 6 ]For the purposes of this section and section 43EA an offence for which a person has been convicted, or in respect of which he has accepted a traffic infringement notice, shall be deemed to have been committed at the time at which the act or conduct constituting that offence occurred.

(3)  [Section 43E Subsection (3) substituted by No. 96 of 1976, s. 12 ]Where a person has been disqualified under this section for obtaining or holding a driver's licence, there shall be disregarded for the purposes of subsection (1) or (1A) any offence of which he was convicted, or in respect of which he accepted a traffic infringement notice (not being a notice that has been withdrawn), before he became so disqualified.

(3A)  [Section 43E Subsection (3A) inserted by No. 34 of 1987, s. 9 ]Notwithstanding the provisions of subsections (4A) and (4B) and section 43EA , where, while a person is disqualified under this Act or any other Act, the aggregate number of demerit points recorded against him is the number specified in subsection (1) or (1A) , as the case may be, then that person is liable to a further period of disqualification commencing at the termination of the current period of disqualification.

(3B)  [Section 43E Subsection (3B) inserted by No. 34 of 1987, s. 9 ]For the purposes of subsection (3A) , demerit points leading to the current period of disqualification or awarded in respect of offences to which subsection (3) applies shall not be taken into account.

(4)  [Section 43E Subsection (4) substituted by No. 34 of 1981, s. 6 ]Subject to subsection (4A) and section 43EA , where a person is liable to be disqualified under this section from obtaining or holding a driver's licence, a registering authority shall serve on him a notice (in this Act referred to as a "disqualification notice") informing him that he is so disqualified for the appropriate period.

(4AA)  [Section 43E Subsection (4AA) inserted by No. 34 of 1987, s. 9 ]For the purposes of subsection (4) , the following are the appropriate periods of disqualification:

(a) subject to paragraphs (b) and (c) , 3 months;

(b) where the date of commission of the last offence leading to the disqualification is not later than 3 years after the end of a previous period of disqualification of a type referred to in this subsection, 6 months;

(c) where the date of commission of the last offence leading to the disqualification is not later than 6 years after the end of a previous period of disqualification of a type referred to in this subsection and, within the 6 year period there has been a further period of disqualification of a type referred to in this subsection, 12 months.

(4A)  [Section 43E Subsection (4A) inserted by No. 34 of 1981, s. 6 ]Where a person is liable to be disqualified under this section from obtaining or holding a driver's licence, he may, before being served with a disqualification notice, surrender his licence to a police officer or authorised officer or to the Commission, and, on the surrender of his licence, he becomes so disqualified.

(4B)  [Section 43E Subsection (4B) inserted by No. 34 of 1981, s. 6 ]The period of disqualification referred to in subsection (4) shall commence –

(a) on the expiration of a period of 21 days after the date of the serving on him of that notice; or

(b) where he surrenders his licence to a police officer or an authorised officer or to the Commission within the period referred to in paragraph (a) , on the date on which the licence is surrendered.

(4C)  [Section 43E Subsection (4C) inserted by No. 34 of 1981, s. 6 ]A disqualification notice may be served on a person –

(a) by delivering it to him personally;

(b) by leaving it at the address of his place of residence last known to the Commission with someone who apparently resides there, being a person who has or apparently has attained the age of 16 years; or

(c) by sending it by certified mail to the address of his place of residence last known to the Commission.

(5)  [Section 43E Subsection (5) amended by No. 30 of 1974, s. 2 and Sched. 1 ]Notwithstanding any other provision of this section a disqualification imposed on any person thereunder shall be deemed not to disqualify him for obtaining or holding a driver's licence that only authorises him to drive farm tractors within, or within 2 kilometres of, a farm for the purposes of that farm; and any driver's licence that is held by him at the time the disqualification is imposed and authorises him to drive farm tractors continues to have effect as a driver's licence that only authorises him to drive farm tractors within, or within 2 kilometres of, a farm for the purposes of that farm.

(6)  For the purposes of this section –

farm means an area of land in the same occupation on which farming, dairying, pastoral, or horticultural pursuits are carried on; and

farm tractor means a tractor constructed and used primarily for drawing a plough, harvester, baler, or other contrivance used for the purposes of a farm, not being a motor vehicle that forms part of an articulated vehicle.

(7)  [Section 43E Subsection (7) omitted by No. 99 of 1982, s. 3 and Sched. 2 ].  .  .  .  .  .  .  .  

43EA.   Electable alternative to disqualification

[Section 43EA Inserted by No. 58 of 1993, s. 7 ]

(1)  In this section –

eligible person means a person who holds a driver's licence other than a provisional licence and who has been served with a disqualification notice under section 43E (4) that provides for a disqualification period of 3 months;

demerit point period means the period of 3 years or less referred to in section 43E (1) ;

probationary period means the period of 12 months referred to in subsection (2) .

(2)  An eligible person may, as an alternative to being disqualified under section 43E (4) , elect to retain his or her driver's licence on a probationary basis for a period of 12 months commencing on the day on which he or she would otherwise have been disqualified under that section.

(3)  If an eligible person who exercises a right of election under subsection (2) –

(a) is not awarded any demerit points in respect of the probationary period; or

(b) is awarded no more than one demerit point in respect of that period –

the registering authority is, by notice served on the eligible person, to cancel all the demerit points that were awarded against that person in respect of the demerit point period.

(4)  If an eligible person who exercises a right of election under subsection (2) is awarded more than one demerit point in respect of the probationary period the registering authority is, by notice served on the eligible person, to –

(a) disqualify that person from obtaining or holding a driver's licence for a period of 6 months; and

(b) cancel all the demerit points recorded against that person as at the date of the notice.

(5)  A notice under subsection (4) may be served, and has effect, whether or not the probationary period has expired.

(6)  Subject to subsection (7) , the period of disqualification referred to in subsection (4) commences on the expiration of the period of 14 days after the date on which the notice referred to in that subsection is served on the eligible person.

(7)  Nothing in subsection (6) prevents an eligible person who has been awarded more than one demerit point in respect of his or her probationary period from surrendering his or her licence to a police officer or authorised officer or to the Commission at any time before the expiration of the 14 day period referred to in that subsection and, in any such case, the 6 month period of disqualification commences at the time at which the licence was surrendered.

43EB.   Election procedures, &c.

[Section 43EB Inserted by No. 58 of 1993, s. 7 ]

(1)  For the purposes of section 43EA , a disqualification notice served on an eligible person is to –

(a) inform the person of his or her right of election and of the consequences of exercising or failing to exercise that right; and

(b) explain what the person must do to exercise the right of election; and

(c) include, either as an attachment to or as a severable part of the notice, a form of election.

(2)  Subject to subsection (3) , an eligible person who wishes to exercise a right of election under section 43EA (2) must serve written notice of the exercise of the right of election on the registering authority, on the form provided or otherwise, as soon as practicable after he or she receives a disqualification notice.

(3)  If the registering authority does not receive written notice of the exercise of a right of election from an eligible person before the expiration of a period of 10 days after a disqualification notice is served on that person, he or she is taken, unless the registering authority in its discretion determines otherwise, to have chosen not to exercise the right of election.

(4)  The registering authority is –

(a) within 10 days after it receives written notice of the exercise of a right of election by an eligible person, to serve on that person written acknowledgement of the receipt of that notice; and

(b) as soon as practicable but not later than 10 days after the expiration of the 10 day period referred to in subsection (3) , to serve written notice on an eligible person who has not notified the authority that he or she wishes to exercise the right of election that he or she is taken to have chosen to undergo a period of disqualification under section 43E (4) as from the expiration of the 21 day period referred to in section 43E (4B) .

(5)  A notice under subsection (4) may be served on a person in the same manner as a disqualification notice may be served under section 43E (4C) .

(6)  Section 43E (5) applies to an eligible person who has been disqualified under section 43EA (4) from obtaining or holding a driver's licence in the same manner as if he or she were a person referred to in section 43E .

43F.   Records of demerit points

[Section 43F Inserted by No. 50 of 1971, s. 4 ]

(1AA)  [Section 43F Subsection (1AA) inserted by No. 58 of 1993, s. 8 ]In this section, visiting driver means a person who –

(a) holds a licence or other authority to drive a motor vehicle issued by the licensing authority of another State or a Territory of the Commonwealth; or

(b) does not hold a licence or other authority to drive a motor vehicle under this Act, or under a law of another State or a Territory of the Commonwealth, but whose principal or usual place of residence is in another State or a Territory of the Commonwealth.

(1)  A record of the particulars of the demerit points awarded against any person shall be kept at the office of the Commission, and section 11 applies to that record as it applies to the record referred to in that section.

(2)  For the purpose of making or keeping the record required to be kept under subsection (1) , the regulations may confer powers or impose duties on officers of courts, police officers, officers of the Commission, and other persons.

(3)  [Section 43F Subsection (3) inserted by No. 58 of 1993, s. 8 ]The record kept under subsection (1) is to include such particulars of any demerit points awarded against the person referred to in that subsection for interstate offences as may be communicated to the Commission by other licensing authorities.

(4)  [Section 43F Subsection (4) inserted by No. 58 of 1993, s. 8 ]The Commission is to provide particulars of any demerit points awarded against a visiting driver under this Act to –

(a) if the visiting driver holds a licence or other authority to drive a motor vehicle issued under a law of another State or a Territory of the Commonwealth – the licensing authority of that State or Territory; or

(b) if the visiting driver does not hold a licence or other authority to drive a motor vehicle – the licensing authority of the State or Territory in which the visiting driver maintains his or her principal or usual place of residence.

(5)  [Section 43F Subsection (5) omitted by No. 61 of 1981, s. 13 ].  .  .  .  .  .  .  .  

(6)  [Section 43F Subsection (6) omitted by No. 61 of 1981, s. 13 ].  .  .  .  .  .  .  .  

(7)  [Section 43F Subsection (7) omitted by No. 61 of 1981, s. 13 ].  .  .  .  .  .  .  .  

PART IVB - Traffic Infringement Notices

[Part IVB Inserted by No. 50 of 1971, s. 4 ]

43G.   

[Section 43G Repealed by No. 34 of 1987, s. 10 ].  .  .  .  .  .  .  .  

43H.   Service and acceptance of traffic infringement notices

[Section 43H Inserted by No. 50 of 1971, s. 4 ][Section 43H Subsection (1) amended by No. 34 of 1987, s. 11 ][Section 43H Amended by No. 41 of 1987, s. 6 ][Section 43H Amended by No. 34 of 1987, s. 11 ][Section 43H Amended by No. 41 of 1987, s. 6 ]

(1)  [Section 43H Subsection (1) amended by No. 76 of 1979, s. 5 ]Where a police officer or an authorised officer is satisfied that a person has committed a prescribed offence or offences he may serve on that person a notice (in this Act referred to as a "traffic infringement notice") in respect of that offence or those offences.

(1A)  [Section 43H Subsection (1A) inserted by No. 96 of 1976, s. 13 ]Except where a traffic infringement notice is being served in respect of a parking offence, a traffic infringement notice that is served on a person who is the holder of a learner's licence is of no effect.

(2)  [Section 43H Subsection (2) substituted by No. 34 of 1987, s. 11 ]A traffic infringement notice shall –

(a) indicate the offence or offences in respect of which it is served; and

(b) specify the number of demerit points (if any) prescribed in respect of that offence or each of those offences, as the case may be, and the prescribed penalty or penalties that is or are applicable.

(3)  A traffic infringement notice served on any person shall clearly indicate to him that he may disregard the notice, but if he does so he may be prosecuted before a court for the offence to which it relates.

(4)  [Section 43H Subsection (4) amended by No. 10 of 1978, s. 2 ]Unless it has been withdrawn, a traffic infringement notice served on a person in respect of any offence may, subject to subsection (4A) , be accepted by him either –

(a) by the payment, within 21 days of the service of the notice, of the prescribed penalty to the designated clerk of petty sessions or council clerk specified in that behalf in the notice; or

(b) by lodging with that clerk of petty sessions or council clerk, within 21 days of the service of the notice, a written undertaking by that person to pay the penalty by such instalments or within such time as that clerk may direct.

(4A)  [Section 43H Subsection (4A) inserted by No. 10 of 1978, s. 2 ]Where a traffic infringement notice served on a person has not been accepted by him in either of the ways prescribed in subsection (4) at the expiry of the appropriate period prescribed in that subsection, the designated clerk of petty sessions or council clerk specified in that behalf in the notice may, by written notification to that person, allow him an additional period of 14 days commencing on the expiry of the first-mentioned period in which to accept the traffic infringement notice.

(5)  [Section 43H Subsection (5) amended by No. 10 of 1978, s. 2 ]Where a traffic infringement notice in respect of a prescribed offence has been served on a person no proceedings shall be brought against that person for that offence if the notice has been accepted and has not been withdrawn, and (whether or not the notice is accepted) no such proceedings shall be brought within the period of –

(a) 28 days following the service of the notice, if the person has not been allowed an additional period pursuant to subsection (4A) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period –

unless the notice has been withdrawn.

(5A)  [Section 43H Subsection (5A) inserted by No. 86 of 1995, s. 9 ]Where a traffic infringement notice in respect of a prescribed offence has been served on a person and proceedings are brought against that person for that offence, he or she is not entitled to dispute the date of service of the notice unless, within 21 days after the date of service of the complaint and summons, he or she has given notice in writing of his or her intention to do so to the designated clerk of petty sessions or council clerk specified in that behalf in the notice.

(5B)  [Section 43H Subsection (5B) inserted by No. 86 of 1995, s. 9 ]A complaint and summons issued against a person as mentioned in subsection (5A) is to contain a statement as to the effect of that subsection.

(6)  Where a traffic infringement notice in respect of an offence has been accepted by a person and has not been withdrawn that acceptance shall, in relation to proceedings for any other offence, be treated as a conviction for the offence in respect of which the notice was served unless the court before which those proceedings are taken is satisfied that it is unjust that it should be so treated.

(6A)  [Section 43H Subsection (6A) inserted by No. 96 of 1976, s. 13 ]Except where a traffic infringement notice was in respect of a parking offence, any sum paid by a person who held a learner's licence at the time a traffic infringement notice was served on him shall be refunded to that person.

(7)  Acceptance of a traffic infringement notice shall not be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action, or proceeding.

(8)  The Governor may, by order, declare the districts the clerks of petty sessions of which are to be designated clerks of petty sessions for the purpose of this section, and the clerk of petty sessions for any district so declared is a designated clerk of petty sessions for the purposes of this section.

43HA.   Notification of driver by statutory declaration

[Section 43HA Inserted by No. 86 of 1995, s. 10 ]Where a person on whom a traffic infringement notice has been served under section 43H –

(a) within 28 days following the service of the notice, if that person has not been allowed an additional period under section 43H (4A) ; or

(b) within 42 days following the service of the notice, if the person has been allowed such an additional period –

provides a statutory declaration to the relevant police officer or authorised officer stating the name and address of the person who was in charge of the vehicle at all relevant times relating to the alleged offence, the statutory declaration, if produced in any proceedings against the person named in the declaration and in respect of the offence to which the declaration relates, is evidence –

(c) in the case of a parking offence, that the person was in charge of the vehicle at all times relevant to that offence; or

(d) in the case of any other prescribed offence, that the person was the driver of the vehicle at the time when the offence occurred.

43HB.   Bodies corporate and joint owners

[Section 43HB Inserted by No. 86 of 1995, s. 10 ]

(1)  Where a traffic infringement notice is served on a person who is a joint owner or part owner of a motor vehicle or on a body corporate –

(a) that the service is taken to be a demand by a police officer under section 51 (3) ; and

(b) the notice is to contain a statement of the obligations of that person or body corporate under section 51 (3) as affected by this subsection.

(2)  Where a traffic infringement notice is served on a person who is a joint owner or a part owner of a motor vehicle, all such joint owners or part owners are required to make the relevant statutory declaration but it is sufficient compliance with this section if any one of them makes a statutory declaration disclosing the name and address of the driver of the vehicle at the time of the alleged offence.

(3)  For the removal of doubts it is declared that a traffic infringement notice may be served on a body corporate.

43J.   Withdrawal of traffic infringement notices

[Section 43J Inserted by No. 50 of 1971, s. 4 ][Section 43J Amended by No. 41 of 1987, s. 7 ]

(1)  [Section 43J Subsection (1) amended by No. 10 of 1978, s. 3 ]A traffic infringement notice that has been served on any person may, whether or not it has been accepted, be withdrawn as provided in subsection (1A) at any time within the period of –

(a) 28 days following the service of the notice, if the person has not been allowed an additional period pursuant to section 43H (4A) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period.

(1A)  [Section 43J Subsection (1A) inserted by No. 10 of 1978, s. 3 ]For the purposes of subsection (1) , a traffic infringement notice served on a person shall be withdrawn by the service on that person of a notice in the prescribed form (in this Act referred to as a "withdrawal notice") signed by the Commissioner of Police, some police officer authorised by him in that behalf, or, as the case may require, the council clerk designated in the infringement notice, stating that the traffic infringement notice has been withdrawn.

(2)  [Section 43J Subsection (2) amended by No. 41 of 1987, s. 7 ]Where a traffic infringement notice has been withdrawn under this section and any sums have been paid to a clerk of petty sessions or a council clerk by way of penalty in pursuance of that notice, that clerk shall repay the sum so paid to the person on whom the notice was served.

(3)  Where a traffic infringement notice has been served in respect of an offence and has been withdrawn no evidence of the service, acceptance, or withdrawal of the notice is admissible in any proceedings for that offence.

(4)  References in this Act to the withdrawal of a traffic infringement notice shall be construed as references to the withdrawal of that notice under this section.

43K.   Effect of undertaking to pay a prescribed penalty

[Section 43K Inserted by No. 50 of 1971, s. 4 ]

(1)  [Section 43K Subsection (1) amended by No. 41 of 1987, s. 8 ]Where such an undertaking as is referred to in section 43H (4) (b) is lodged with a clerk of petty sessions or a council clerk the clerk shall give directions to the person by whom the undertaking is given requiring him to pay the penalty to which the undertaking relates in such instalments or within such time as may be specified in the directions.

(2)  [Section 43K Subsection (2) amended by No. 34 of 1987, s. 12 ]No directions shall be given under subsection (1) that would have the effect of allowing any part of the penalty to which they relate being paid after the expiration of 63 days from the date on which the infringement notice was served.

(3)  Before giving directions under subsection (1) with respect to any person the clerk shall consider any representations made to him by or on behalf of that person, whether at the time the undertaking is lodged or otherwise, with respect to his financial circumstances, and shall give such directions as, having regard to those representations and all the circumstances of the case, he considers just and reasonable.

(4)  Where a person fails to comply with any directions given to him under subsection (1) the like proceedings may be had in respect of so much of the penalty to which the directions relate as remains unpaid as if the penalty were a penalty imposed on him on his summary conviction for an offence.

43L.   Service of notices

[Section 43L Inserted by No. 50 of 1971, s. 4 ][Section 43L Subsection (1) amended by No. 34 of 1987, s. 13 ][Section 43L Subsection (1) amended by No. 41 of 1987, s. 9 ][Section 43L Subsection (1) amended by No. 54 of 1992, s. 7 ][Section 43L Substituted by No. 86 of 1995, s. 11 ][Section 43L Amended by No. 41 of 1987, s. 9 ]

(1)  [Section 43L Subsection (1) amended by No. 76 of 1979, s. 6 ]A traffic infringement notice is to be served by a police officer or an authorised officer delivering it to the person to whom it relates but the notice may be served –

(a) by post; or

(b) by fixing the notice to the vehicle or other thing in respect of which the offence occurred –

if in either case the regulations so provide.

(1AA)  [Section 43L Subsection (1AA) inserted by No. 54 of 1992, s. 7 ]Where a traffic infringement notice relates to an offence of exceeding a prescribed speed limit and the offence has been detected by means of a photographic detection device, the notice is to be served within 21 days after the commission of the offence.

(1AB)  [Section 43L Subsection (1AB) inserted by No. 54 of 1992, s. 7 ]Where a traffic infringement notice relating to an offence for exceeding a prescribed speed limit as mentioned in subsection (1AA) is not served on the owner within 21 days after the commission of that offence, no prosecution may be brought in respect of that offence.

(1A)  [Section 43L Subsection (1A) inserted by No. 41 of 1987, s. 9 ].  .  .  .  .  .  .  .  

(1B)  [Section 43L Subsection (1B) amended by No. 71 of 1999, s. 11, Applied:24 Nov 1999] [Section 43L Subsection (1B) inserted by No. 41 of 1987, s. 9 ]A person who removes a traffic infringement notice affixed to a vehicle or other thing under subsection (1) so that its contents do not become known to the person in charge of the vehicle is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.

(2)  [Section 43L Subsection (2) amended by No. 54 of 1992, s. 7 ]A withdrawal notice shall be served on a person by delivering it to him in person or by post.

(3)  [Section 43L Subsection (3) added by No. 10 of 1978, s. 4 ]A notification under section 43H (4A) by a clerk of petty sessions or a council clerk shall be served on a person by sending it by post addressed to him at the place shown as his address in the relevant traffic infringement notice.

43LA.   Duties of clerks of petty sessions

[Section 43LA Inserted by No. 86 of 1995, s. 12 ]Where, at the time when a statutory declaration is provided under this Part, payment of the relevant penalty is tendered to a clerk of petty sessions, the clerk must not accept the payment unless the person making the statutory declaration has identified himself or herself as the driver of the vehicle at the time of the alleged offence.

43M.   Application of penalties in respect of traffic infringement notices

[Section 43M Inserted by No. 50 of 1971, s. 4 ][Section 43M Amended by No. 86 of 1995, s. 13 ]

(1)  Any sums paid to a clerk of petty sessions under this Part by way of penalty shall be paid into the Consolidated Fund.

(1A)  [Section 43M Subsection (1A) inserted by No. 41 of 1987, s. 10 ]Any sums paid to a council clerk under this Part by way of prescribed penalty or pursuant to subsection (2) shall constitute part of the fund mentioned in section 108 (1) of the Local Government (Highways) Act 1982 which is deemed to exist in respect of the local authority of which the council clerk is an officer, and shall only be expended in accordance with that section.

(2)  [Section 43M Subsection (2) substituted by No. 41 of 1987, s. 10 ]Where a person has been summarily convicted of an offence in respect of which a traffic infringement notice was served by an authorised officer who was an officer of a local authority, any penalty which is paid to a clerk of petty sessions in respect of that conviction shall be paid, out of the Consolidated Fund (which, to the necessary extent, is appropriated accordingly), to the relevant local authority.

(3)  [Section 43M Subsection (3) omitted by No. 41 of 1987, s. 10 ].  .  .  .  .  .  .  .  

43N.   Prescribed offences for Part IVB

[Section 43N Inserted by No. 34 of 1987, s. 14 ]

(1)  The Governor may make regulations prescribing offences for the purposes of this Part and the penalty and the demerit points applicable to each such offence.

(2)  [Section 43N Subsection (2) substituted by No. 71 of 1999, s. 12, Applied:24 Nov 1999] An offence prescribed under subsection (1) may be an offence under –

(a) this Act or any other Act dealing with vehicles or traffic; or

(b) a regulation made under this Act or any other Act dealing with vehicles or traffic.

PART V - Miscellaneous and General

43P.   Complaint for offence detected by speed camera

[Section 43P Inserted by No. 86 of 1995, s. 14 ]Where –

(a) an offence against this Act is detected by a photographic detection device; and

(b) the driver of the vehicle at the relevant time was not the registered owner of the vehicle –

a complaint in respect of that offence may, notwithstanding section 26 of the Justices Act 1959 , be laid at any time within 6 months after the date on which the identity of the driver is established.

44.   Additional regulations

[Section 44 Subsection (1) amended by No. 31 of 1961, s. 36 and s. 56 and Sched. 2 ]

(1)  [Section 44 Subsection (1) amended by 25 Geo. V No. 78 ]The Governor may, in addition to any regulations which he is empowered to make under any other Part, make regulations –

(a) conferring on police officers or authorised officers such powers as he may deem necessary or expedient for carrying out or giving effect to the provisions of this Act; and

(b) for any other purpose which he may deem necessary or expedient for carrying out the provisions of this Act.

(2)  [Section 44 Subsection (2) added by No. 31 of 1961, s. 36 ]A statutory declaration required by or for the purposes of this Act may be made before such person as may be prescribed.

45.   Local and other special provisions in regulations

[Section 45 Substituted by No. 83 of 1958, s. 8 ][Section 45 Amended by No. 23 of 1959, s. 6 ][Section 45 Amended by No. 74 of 1968, s. 11 ][Section 45 Amended by No. 94 of 1971, s. 6 ]Regulations under this Act may –

(a) be of a local nature and limited in their application to a particular area, place, or public street;

(b) exclude from the application of any provisions of the regulations, or make special provision with respect to, any public street during specified times or in specified circumstances;

(c) be restricted to any specified class of vehicle or to vehicles generally with the exception of vehicles of any specified class;

(d) exclude from the application of any provisions of the regulations, or make special provision with respect to, vehicles kept or used for any specified purpose and persons owning, in charge of, or driving such vehicles; and

(e) adopt or incorporate, either wholly or in part and either specifically or by reference, any rules, codes, or specifications published or formulated by, or on behalf of, the Standards Association of Australia or the British Standards Association, or any other similar body specified in the regulations, or the Australian Design Rules for Motor Vehicle Safety as determined from time to time by the Motor Vehicles Design Advisory Panel and published in the Commonwealth Gazette.

46.   Non-return of number-plates a separate offence

[Section 46 Amended by 25 Geo. V No. 78 ]If and whenever it is prescribed that number-plates issued under this Act shall be returned as prescribed within a specified number of days, the failure to comply with any regulation requiring such return shall constitute a separate offence in respect of each day during which such failure continues.

47.   

[Section 47 Repealed by No. 31 of 1961, s. 37 ].  .  .  .  .  .  .  .  

48.   Commission may post up notices on any building, &c.

(1)  [Section 48 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ]The Commission may cause to be affixed to or posted up on any building, post, or other structure or erection, a copy of any notice or regulation referring to any matter the subject of this Act.

(2)  [Section 48 Subsection (2) amended by 25 Geo. V No. 78 ]Any person who shall tear down, destroy, injure, or remove any such copy, or hinder or obstruct any police officer or any other person from or whilst lawfully affixing or posting up any such copy as aforesaid, shall be guilty of an offence against this Act.

49.   Erection of standards, &c., by Commission

[Section 49 Substituted by No. 31 of 1961, s. 38 ]

(1)  The Commission may, for the purpose of marking stands, safety zones, or parking areas or for the purpose of guiding, directing, or regulating traffic, place, erect, or install in public streets, posts, standards, domes, studs, and other contrivances and may make markings on or in the surface of a public street.

(2)  A person who wilfully or negligently damages any posts, standards, domes, studs, or other contrivances erected or installed under this section or who wilfully obliterates or defaces any markings made under this section is guilty of an offence against this Act.

49A.   Installation of road humps: Special provisions

[Section 49A Inserted by No. 41 of 1987, s. 11 ]

(1)  The Commission may give its approval for a person to install a road hump in –

(a) a car park which is a public street;

(b) a public street leading to or from a car park;

(c) an area set aside for recreational purposes which is a public street; or

(d) a public street which is in a residential area.

(2)  A road hump installed pursuant to an approval given by the Commission under subsection (1) shall –

(a) be of a design approved by the Commission;

(b) be installed in a manner approved by the Commission; and

(c) be installed in a specific location within the park, street, or area referred to in subsection (1) that is approved by the Commission.

(3)  No action, liability, claim, or demand lies or shall be allowed by or in favour of any person against the Commission or any person involved in the installation of a road hump in a public street in respect of any damage done to a vehicle or injury to a person or animal by reason of the installation of the road hump in the public street if the road hump –

(a) was installed pursuant to an approval given under subsection (1) in accordance with subsection (2) ; and

(b) was installed after the commencement of the Traffic Amendment Act (No. 2) 1987 .

(4)  Notwithstanding subsection (3) , if a road hump was installed in a public street on or before the commencement of the Traffic Amendment Act (No. 2) 1987 , no action, liability, claim, or demand lies or shall be allowed by or in favour of any person against the Commission or any person involved in the installation of the road hump in respect of any damage done to a vehicle or injury to a person or animal by reason of the installation of the road hump in the public street if the road hump –

(a) was installed in a park, street, or area referred to in subsection (1) ; and

(b) has been examined by the Commission and the Commission –

(i) has approved the design and manner of the installation of the road hump; and

(ii) has approved the specific location within the park, street, or area where the road hump has been installed.

(5)  In this section, road hump means a raised portion of the surface of the carriageway of a street.

49B.   Inspection and search of vehicles

[Section 49B Inserted by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000]

(1)  To ascertain whether this Act or the Passenger Transport Act 1997 is being complied with, a police officer or an authorized officer may inspect any vehicle that reasonably appears to that officer –

(a) to have been designed and constructed primarily as a freight carrying vehicle; or

(b) to be a large passenger vehicle within the meaning of the Passenger Transport Act 1997 ; or

(c) to be a small passenger vehicle within the meaning of the Passenger Transport Act 1997 that has been used for the purpose of carrying passengers for hire or reward.

(2)  The police officer or authorized officer may also –

(a) inspect any equipment attached to or otherwise being used in connection with the vehicle; and

(b) inspect any freight being carried by the vehicle.

(3)  The power of inspection is exercisable –

(a) on a public street or in a public place if the vehicle –

(i) has been stopped for inspection on a public street on in the public place; or

(ii) is parked or standing on the public street on in the public place; or

(b) at a garage, depot or other premises (including a residence) if

(i) it reasonably appears to the officer that the garage, depot or other premises are used in connection with that vehicle; and

(ii) the inspection is carried out at a reasonable time.

(4)  If the premises referred to in subsection (3)(b) are a residence and they are unattended, the officer may only enter the premises if the occupier consents.

(5)  For the purposes of this section, a police officer or an authorized officer may direct a person in charge or apparently in charge of a vehicle to do such one or more of the following things as may be appropriate in the circumstances:

(a) stop the vehicle;

(b) drive and, if the officer considers it appropriate, manoeuvre the vehicle over a short distance;

(c) if the officer considers it appropriate, move the vehicle to a safer and suitable place for the inspection;

(d) open any compartment of the vehicle;

(e) demonstrate the operation of the vehicle or any associated equipment;

(ea) if the officer considers it appropriate - dismantle any equipment used in connection with the vehicle;

(f) answer any reasonable question regarding the vehicle and its registration, use and, if applicable, freight;

(g) produce any documents that are required by this or any other Act to be carried in the vehicle;

(h) if the officer believes the vehicle is unsafe to proceed or go on a public street, secure the vehicle and leave it at the place of inspection pending further action specified by the officer.

(6)  A person must not, without lawful excuse, fail to comply with a direction of a police officer or an authorized officer given to that person under subsection (5) .

Penalty:  Fine not exceeding 25 penalty units.

(7)  If in the course of inspecting a vehicle under this section a police officer or an authorized officer finds any goods that the officer believes to have been stolen the officer may seize and detain those goods.

50.   Compensation may be allowed to defendant when complainant not a police officer

[Section 50 Amended by 25 Geo. V No. 78 ]If a complaint is laid by any person other than a police officer for an offence punishable under this Act, and the complaint is dismissed or withdrawn, the court may, if it thinks fit, order such person to pay to the defendant in addition to any costs, such compensation for loss of time or otherwise as the court thinks reasonable.

51.   Facilitation of proof of certain matters

[Section 51 Subsection (1) amended by 1 Geo. VI No. 74, s. 2 ][Section 51 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 51 Subsection (1) amended by No. 31 of 1961, s. 39 and s. 56 and Sched. 2 ][Section 51 Subsection (1) amended by No. 37 of 1976, s. 6 ][Section 51 Subsection (1) amended by No. 19 of 1981, s. 7 ][Section 51 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 51 Subsection (1) amended by No. 54 of 1992, s. 8 ][Section 51 Subsection (1) amended by No. 86 of 1995, s. 15 ][Section 51 Amended by 25 Geo. V No. 78 ][Section 51 Amended by No. 31 of 1961, s. 39 and s. 56 and Sched. 2 ]

(1)  [Section 51 Subsection (1) amended by 25 Geo. V No. 78 ]In any proceeding under this Act –

(a) [Section 51 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] proof that a vehicle has not upon it a distinguishing number or plate as prescribed appropriate to the registration thereof shall be prima facie evidence that such vehicle is not registered;

(b) [Section 51 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] proof that a person applied for and obtained registration for a vehicle shall be prima facie evidence that such a person was the owner of such vehicle;

(c) [Section 51 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] the production of a document signed by the secretary to the Commission or signed by the employee in charge of any of the records referred to in section 11 , purporting to be a copy of a certificate of registration in respect of, a vehicle, shall be prima facie evidence that the vehicle is registered and that the person named therein applied for and obtained the certificate in respect of such vehicle;

(d) [Section 51 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] the production of a document signed by the secretary to the Commission or signed by the employee in charge of any of the records referred to in section 11 , purporting to be a copy of a licence of any person, shall be prima facie evidence that such person is licensed for the purpose mentioned in such document;

(da) the production of a document purporting to be signed by –

(i) the employee authorised to register or license any vehicle or person; or

(ii) the employee in charge of the records referred to in section 11 –

certifying that a vehicle referred to in the document is unregistered or a person named in the document is unlicensed for the purpose mentioned in that document, shall be prima facie evidence of the fact so certified;

(e) [Section 51 Subsection (1) amended by No. 53 of 1997, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

(ea) [Section 51 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] the production of a certificate signed by the secretary of the Commission or signed by the employee in charge of any of the records referred to in section 11 stating the amount of the fee that was payable under this Act for the issue of such a permit as is specified in the certificate on such a date as may be so specified shall be prima facie evidence of the facts stated therein;

(eb) a certificate, licence, authority, or other document purporting to be issued under the law of any place outside this State, shall, unless the contrary be shown, be presumed to have been issued under that law and to have effect according to its tenor;

(f) proof that any number-plate issued by the Commission in accordance with the regulations was attached to any vehicle shall be prima facie evidence that such vehicle was being used for the purpose for which the issue of such number-plate would be applicable;

(g) [Section 51 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] the production of a notice in the form prescribed, purporting to be signed by the person giving the same, of the sale or change of ownership of a registered vehicle shall be prima facie evidence of the facts stated therein and of the signature of such person;

(h) [Section 51 Subsection (1) amended by No. 53 of 1997, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

(i) the production of a certificate purporting to be signed by the Commissioner of Police or a commissioned police officer that a device specified in the certificate that was used on an occasion so specified in the detection of offences of exceeding a prescribed speed limit is evidence that that device was on that occasion a photographic detection device;

(j) the production of a certificate in the prescribed form purporting to be signed by a person having the prescribed qualifications and specifying the time when a photographic detection device was tested is evidence of the facts stated in the certificate;

(k) the production of a photograph that was taken by a photographic detection device and that contains such information as may be prescribed is evidence –

(i) that at a particular time and place the speed of a motor vehicle or trailer shown in the photograph was the speed endorsed on that photograph; and

(ii) [Section 51 Subsection (1) amended by No. 71 of 1999, s. 13, Applied:24 Nov 1999] that at a particular time and place a motor vehicle or trailer shown in the photograph was used on a public street, on a specified road or in a specified area or place; and

(l) [Section 51 Subsection (1) amended by No. 71 of 1999, s. 13, Applied:24 Nov 1999] an averment in a complaint that on a specified day a specified person was –

(i) of, over or under a specified age; or

(ii) had or had not attained a specified age –

is evidence of the matter so averred; and

(m) [Section 51 Subsection (1) amended by No. 71 of 1999, s. 13, Applied:24 Nov 1999] an averment in a complaint that on a specified day a specified traffic sign or other device for the control of traffic applied to a specified length of road or area, or to another specified place, is evidence of the matter so averred; and

(n) [Section 51 Subsection (1) amended by No. 71 of 1999, s. 13, Applied:24 Nov 1999] the production of a certificate purporting to be signed by the Commissioner or Deputy-Commissioner of Police, or by an Assistant Commissioner of Police, and certifying that on or by a specified day a specified person had failed to report to any police officer a specified collision between 2 or more vehicles, or another specified traffic accident or incident, is evidence that that person failed to make such a report on or by that day.

(2)  [Section 51 Subsection (2) added by 17 Geo. V No. 46, s. 8 ][Section 51 Subsection (2) omitted by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

(3)  [Section 51 Subsection (3) added by 21 Geo. V No. 52, s. 3 ]Where any person is alleged to have committed any offence against this Act as the driver of any vehicle –

(a) the owner of such vehicle, on demand by any police officer or an authorised officer, shall give to such officer all such information as such officer may require as to the identity and whereabouts of the driver of such vehicle at any time relevant to such charge;

(b) if any information so required is not known to such owner as aforesaid, he shall forthwith with all reasonable diligence (proof of which shall be upon him) take steps to obtain the same, and shall report to such officer within 7 days or sooner if practicable the result of the steps so taken;

(c) upon demand being made to any person by a police officer or an authorised officer for any information within such person's knowledge as to the identity of such driver as aforesaid, or as to any fact which may lead to the identification of such driver, such person shall give such information to such officer –

and if any person fails to comply with any of the requirements of this subsection he shall be guilty of an offence.

51A.   

[Section 51A Repealed by No. 66 of 1975, s. 7 ].  .  .  .  .  .  .  .  

52.   Penalties

[Section 52 Substituted by No. 41 of 1987, s. 13 and Sched. 1 ]

(1)  Except where elsewhere specially provided by this Act, a person who contravenes a provision of this Act is guilty of an offence against this Act.

(2)  Except where otherwise specially provided by this Act, a person who is guilty of an offence against this Act is liable on summary conviction to –

(a) [Section 52 Subsection (2) amended by No. 71 of 1999, s. 14, Applied:24 Nov 1999] a penalty not exceeding 20 penalty units for a first offence; and

(b) [Section 52 Subsection (2) amended by No. 71 of 1999, s. 14, Applied:24 Nov 1999] a penalty not exceeding 40 penalty units, or to imprisonment for a term not exceeding 3 months, for a second or subsequent offence.

(3)  [Section 52 Subsection (3) amended by No. 71 of 1999, s. 14, Applied:24 Nov 1999] The foregoing provisions of this section do not apply to contraventions of the regulations under this Act and, except as otherwise provided in this Act any regulations made under this Act may provide that it is an offence, punishable on summary conviction, for a person to contravene any of those regulations and may provide in respect of any such offence a penalty not exceeding 20 penalty units for an individual or 100 penalty units for a body corporate.

53.   Proceedings against owner in certain cases

[Section 53 Substituted by 1 Geo. VI No. 74, s. 2 ][Section 53 Substituted by 25 Geo. V No. 78 ]

(1)  If in any proceedings in respect of an offence against this Act –

(a) the offence charged is in relation to driving or using a motor vehicle which, or any prescribed equipment of which, is alleged to have been in an unsafe condition, or to have been lacking; and

(b) the court is of opinion, on the evidence before it, that the offence has been caused by any neglect or default of the owner of such vehicle –

the court, before disposing of the original proceedings, may direct that proceedings be taken against such owner, and that a summons be issued calling upon him to show cause against the infliction upon him of a penalty for having caused or procured the commission of the offence charged in the original proceedings.

(2)  Upon the hearing of such proceedings against such owner, the court may impose on him any penalty which it might have imposed on the defendant in the original proceedings, unless such owner satisfies the court that he had taken reasonable precautions to ensure compliance with the provisions of this Act in respect of the matter in relation to which such proceedings were initiated; and may order him to pay the costs of all or any of such proceedings as aforesaid.

(3)  Where the owner is punished as aforesaid, the court may dismiss the complaint against the original defendant.

54.   Proceedings in relation to certain offences

[Section 54 Inserted by No. 107 of 1980, s. 5 ][Section 54 Substituted by No. 86 of 1995, s. 16 ]

(1AA)  [Section 54 Subsection (1AA) inserted by No. 54 of 1992, s. 9 ]This section applies to such offences as may be specified in the regulations.

(1)  [Section 54 Subsection (1) amended by No. 54 of 1992, s. 9 ]Where an offence to which this section applies occurs in relation to a motor vehicle or trailer, the person who, at the time of the occurrence of the offence, was the owner of the motor vehicle or trailer, is, by virtue of this section, guilty of an offence under the regulations made under this Act as if he were the person driving or in charge of the motor vehicle or trailer at the time of the occurrence of the offence.

(2)  [Section 54 Subsection (2) amended by No. 86 of 1995, s. 16 ]It is a defence to proceedings in relation to an offence under subsection (1) for the defendant to establish that he was not driving or in charge of the motor vehicle or trailer at the time of the occurrence of the offence.

(3)  [Section 54 Subsection (3) amended by No. 54 of 1992, s. 9 ]A person is not entitled to rely on a defence under subsection (2) unless he gives, within 21 days of the service on him of a complaint and summons relating to the offence, to the clerk of the court specified in the summons, written notice of his intention to rely on that defence, together with a statutory declaration stating that at the time of the occurrence of the offence –

(a) the motor vehicle or trailer was being driven by some other person without his knowledge or consent;

(b) the motor vehicle or trailer was in the charge of another person and stating the name of that person; or

(c) he had no right or interest in the motor vehicle or trailer.

(4)  [Section 54 Subsection (4) amended by No. 54 of 1992, s. 9 ]Proceedings shall not be heard in relation to an offence to which this section applies unless the defendant referred to in the complaint and summons relating to the offence was, at the time of the service of the complaint and summons on him, notified in writing of the provisions of this section.

(5)  A complaint and summons to which this section relates shall contain an address at which a notice under subsection (3) may be lodged.

(5A)  [Section 54 Subsection (5A) inserted by No. 54 of 1992, s. 9 ]Where there are 2 or more registered owners of a motor vehicle or trailer –

(a) a prosecution for an offence to which this section applies may be brought against one of those owners or against some or all of those owners jointly; and

(b) if the court is satisfied that any such offence has been committed and a defence is not established under subsection (3) , the defendant or each of the defendants who does not establish such a defence may be found guilty of the offence.

(5B)  [Section 54 Subsection (5B) inserted by No. 54 of 1992, s. 9 ]Where a fine is imposed on 2 or more registered owners of a motor vehicle or trailer who have been found guilty of an offence to which this section applies, the total of any fines imposed in respect of that offence is not to exceed the maximum fine that could have been imposed if only one of them had been found guilty of that offence.

(6)  [Section 54 Subsection (6) amended by No. 54 of 1992, s. 9 ]Where –

(a) a person on whom a complaint and summons relating to an offence to which this section applies has been served gives to the clerk of the court specified in the summons written notice of his intention to rely on the defence under subsection (2) together with a statutory declaration stating that the motor vehicle or trailer was in the charge of another person and stating the name of that person; and

(b) proceedings in respect of that offence are taken against the person named in the statutory declaration as being in charge of the motor vehicle or trailer –

the statutory declaration is evidence that the person named in the statutory declaration as being in charge of the motor vehicle or trailer was in charge of the motor vehicle or trailer at all relevant times relating to the offence.

(7)  [Section 54 Subsection (7) amended by No. 54 of 1992, s. 9 ]Nothing in this section affects the liability of the actual offender but where a penalty has been imposed on or recovered from any person in relation to an offence to which this section applies, a further penalty shall not be imposed on or recovered from any other person in relation to the offence.

(8)  [Section 54 Subsection (8) amended by No. 41 of 1987, s. 12 ]For the purposes of this section, owner has the meaning assigned to that expression in section 3 (1) and includes a person who is registered as the owner of the motor vehicle or trailer under any law of any other State or any Territory of the Commonwealth requiring the registration of motor vehicles or trailers or motor vehicles or trailers of any particular kind.

55.   Act to apply to Crown servants

This Act shall apply to persons in the public service of the Crown.

56.   Liability under other Acts or at common law

[Section 56 Amended by 25 Geo. V No. 78 ]Except as otherwise expressly provided, nothing in this Act shall affect the provisions of any other Act or any rule of common law, but the failure by any person to comply with any provision of this Act may be relied upon in any proceedings (civil or criminal) by any party to such proceedings, as tending to establish, or to negative, any liability which is in question in such proceedings.

PART VI - [Part VI Heading substituted by No. 36 of 1958, s. 4 and Sched. 5 ]General Powers and Duties of the Transport Commission

[Part VI Inserted by 21 Geo. V No. 52, s. 3 ]

57.   

[Section 57 Repealed by No. 28 of 1995, s. 18 ].  .  .  .  .  .  .  .  

58.   Powers and duties of Commission

[Section 58 Inserted by 21 Geo. V No. 52, s. 3 ][Section 58 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 58 Subsection (1) amended by No. 31 of 1961, s. 41 ]

(1)  [Section 58 Subsection (1) amended by 24 Geo. V No. 43, s. 4 ][Section 58 Subsection (1) substituted by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] The Commission may advise the Governor on any State transport or traffic matters.

(2)  [Section 58 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 58 Subsection (2) omitted by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

(3)  [Section 58 Subsection (3) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 58 Subsection (3) substituted by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] The Commission may, with the approval of the Minister, hold such public inquiries into any matter relating to State transport or traffic as it thinks fit.

(4)  [Section 58 Subsection (4) amended by No. 36 of 1958, s. 4 and Sched. 5 ]For the purposes of any such public inquiry as aforesaid the Commission shall have and may exercise all the powers and authority conferred upon a Commission appointed by the Governor under Division 2 of Part II of the Evidence Act 1910 , and subject to any prescribed conditions may sit at such times and in such places as it thinks best.

59.   Traffic signs

[Section 59 Inserted by 21 Geo. V No. 52, s. 3 ][Section 59 Subsection (1) amended by No. 94 of 1971, s. 7 ][Section 59 Subsection (3) amended by 25 Geo. V No. 78 ][Section 59 Subsection (3) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 59 Subsection (3) amended by No. 94 of 1971, s. 7 and Sched. ]

(1)  [Section 59 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ]The Commission may issue to all or any highway authorities and such other authorities as may be prescribed general or particular directions as to the traffic signs to be used on public streets generally or on specified classes of such streets or in any specified cases.

(2)  [Section 59 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 5 ]The Commission may cause prescribed traffic signs to be made and supplied to highway authorities and such other authorities as may be prescribed.

(3)  [Section 59 Subsection (3) amended by 1 Geo. VI No. 74, s. 2 ]Every highway authority and such other authority as may be prescribed shall cause all traffic signs supplied to it by the Commission to be used in conformity with the Commission's directions, and shall provide all such posts, holders, and appliances as may be necessary for that purpose.

(4)  Except as hereinbefore provided, no traffic sign shall be placed on or near any public street.

(5)  In any case where any traffic sign or object, so nearly resembling a traffic sign as to be calculated to be mistaken for a traffic sign or to mislead, is on any land in proximity to a public street, the highway authority may require the owner of such land to remove such sign or object forthwith.

(6)  If such owner as aforesaid fails to comply with such requirement within a reasonable time, the highway authority may enter upon such land and may cause such removal to be effected (doing as little damage therein as may be), and may recover the cost of such removal from such owner.

(7)  [Section 59 Subsection (7) amended by No. 36 of 1958, s. 4 and Sched. 5 ]In any case where the Commission directs, the highway authority shall proceed as provided by subsections (5) and (6) , and in default thereof the Commission may exercise the powers thereby conferred on the highway authority.

(8)  [Section 59 Subsection (8) amended by No. 31 of 1961, s. 42 ]For the purposes of this section the expression traffic sign means any signal, warning, sign-post, direction post, or other device for the guidance or direction of traffic on public streets or for the giving of information to persons driving on or using public streets; and highway authority means the person responsible for the maintenance of the public street in relation to which the expression applies.

60.   Removal of obstructions to vision of drivers

[Section 60 Inserted by 21 Geo. V No. 52, s. 3 ][Section 60 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 60 Amended by No. 94 of 1971, s. 8 ]

(1)  Where, in the opinion of the Commission, any building, hoarding, fence, or other structure, or any tree, hedge, or other vegetation on any land is so constructed or placed, or in such condition, as to constitute an obstruction calculated to limit the vision of persons driving vehicles, trams, or trains upon or near any public street, the Commission, by notice in writing to the owner of such land, may require him to remove the object causing such obstruction, or to modify the same as the Commission, by such notice, may direct.

(2)  If such owner fails within 30 days after the service of such notice upon him to comply with such requirement, the Commission may enter upon such land and effect such removal or modification, as the case may be (doing therein as little damage as may be), and may recover from such owner the cost of so doing.

61.   Regulations

[Section 61 Inserted by 21 Geo. V No. 52, s. 3 ][Section 61 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 61 Amended by No. 31 of 1961, s. 43 and s. 56 and Sched. 2 ]The Governor may make regulations for the purposes of this Part, prescribing all such matters and things as may be necessary or desirable for giving effect to its provisions, and in addition to any other such matters may –

(a) regulate the procedure to be followed in respect of any public inquiry by the Commission;

(b) require any specified person or classes of persons when called upon by the Commission to produce books or documents or information to the Commission relating to any inquiry or matter on which the Commission may be engaged;

(c) .  .  .  .  .  .  .  .  

(d) .  .  .  .  .  .  .  .  

PART VII - Alternative compliance schemes and operator accreditation

[Part VII  Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Part VII Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

62.   Interpretation of Part

[Section 62 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 62 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000] In this Part –

accredit means approve a person's membership of an approved alternative compliance scheme;

road transport law means a provision of this Act or of regulations made under this Act.

63.   Commission may approve alternative compliance scheme

[Section 63 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 63 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000] The Commission may –

(a) approve alternative compliance schemes; and

(b) amend approved alternative compliance schemes; and

(c) cancel approved alternative compliance schemes.

64.   What is an alternative compliance scheme?

[Section 64 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 64 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  An alternative compliance scheme is a scheme that provides for one or more elements of a person's transport operations to be conducted without direct government supervision or interference if the person puts in place an auditable management and operating system by which the person is able to demonstrate a high degree of compliance with road transport laws for that element, or those elements, of the person's transport operations.

(2)  Without limiting the matters in respect of which an alternative compliance scheme may be prepared and approved, such a scheme may relate to any one or more of the following:

(a) mass management;

(b) fatigue management;

(c) maintenance management;

(d) prescribed matters.

(3)  The purpose of alternative compliance schemes is to –

(a) reduce the cost of enforcing road transport laws; and

(b) reduce the impact of road transport law enforcement on accredited transport operators; and

(c) provide flexibility for transport operators without compromising road safety or the structural integrity of the road system.

(4)  An approved alternative compliance scheme may authorise variations from the requirements of a road transport law in relation to any one or more of the following:

(a) vehicle mass limits;

(b) vehicle dimension limits;

(c) driving hours;

(d) prescribed matters.

(5)  Where a person or vehicle that would otherwise not comply with a requirement of a road transport law is operating in accordance with an approved alternative compliance scheme that authorises variations from those requirements –

(a) the approved alternative compliance scheme is taken to be a permit issued by the Commission authorising the person or vehicle to operate in that manner; and

(b) no proceedings are to be taken in respect of the failure to comply with the requirements of the road transport law to the extent of the authorised variation.

(6)  Subsections (4) and (5) have effect notwithstanding any other enactment.

65.   Ministerial guidelines

[Section 65 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 65 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000] The Minister may issue the Commission with directions or guidelines for the approval of alternative compliance schemes.

66.   Applications for accreditation

[Section 66 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 66 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  A person may apply to the Commission to be accredited as a member of an approved alternative compliance scheme.

(2)  An application for approval is to be –

(a) lodged with the Commission; and

(b) made on a form provided or approved by the Commission; and

(c) accompanied by the prescribed fee, if any.

(3)  The Commission may require the applicant to provide any further information that is necessary for a proper consideration of the application.

67.   Approval of membership of alternative compliance schemes

[Section 67 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 67 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  The Commission may approve an application for accreditation as a member of an approved alternative compliance scheme about mass management if the Commission is satisfied that the applicant has in place management and operating systems for nominated vehicles that will allow the applicant to comply and demonstrate continuing compliance with the road transport laws, and any authorised variation of those laws, relating to mass limits.

(2)  The Commission may approve an application for accreditation as a member of an approved alternative compliance scheme about fatigue management if the Commission is satisfied that the applicant has in place a management and operating systems for nominated drivers that will result in the effective management of driver fatigue.

(3)  The Commission may approve an application for accreditation as a member of an approved alternative compliance scheme about maintenance management if the Commission is satisfied that the applicant has in place management and operating systems for nominated vehicles and drivers that will allow the applicant to comply and demonstrate continuing compliance with the road transport laws, and any authorised variation of those laws, relating to vehicle standards and maintenance requirements.

(4)  The Commission may approve an application for accreditation as a member of an approved alternative compliance scheme relating to any other matter if the Commission is satisfied that the applicant has in place management and operating systems for nominated vehicles or drivers that will allow the applicant to comply and demonstrate continuing compliance with the road transport laws, and any authorised variation of those laws, relating to that matter.

68.   Matters to be considered for purpose of approval

[Section 68 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 68 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000] In determining whether to approve an application for accreditation as a member of an approved alternative compliance scheme the Commission –

(a) must have regard to any directions or guidelines issued by the Minister; and

(b) may have regard to –

(i) a relevant audit report obtained about the applicant complied by a person who, in the opinion of the Commission, is qualified to compile the report; and

(ii) the skills and training of the applicant's nominated drivers; and

(iii) the characteristics and capabilities of the applicant's nominated vehicles; and

(iv) the impact on road safety or road infrastructure that may arise as a result of accrediting the applicant; and

(v) any other matters the Commission considers to be relevant.

69.   Grant, duration and renewal of accreditation

[Section 69 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 69 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  If the Commission approves an application from a person for accreditation as a member of an approved alternative compliance scheme, it must give notice of the approval to the applicant.

(2)  Unless sooner terminated in accordance with this Part, the accreditation is effective for a period of 3 years and is renewable.

(3)  In determining whether to renew the accreditation of any person as a member of an approved alternative compliance scheme, the Commission may have regard to –

(a) the matters specified in section 68 ; and

(b) the compliance history of the applicant in complying with laws relating to road transport, whether in this State or elsewhere.

70.   Conditions of membership

[Section 70 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 70 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  The Commission may impose conditions on a person's membership of an approved alternative compliance scheme.

(2)  The conditions may be imposed –

(a) when the person is accredited as a member of the scheme; or

(b) when the person's accreditation is renewed; or

(c) at any time during the period that the person is accredited as a member of the scheme.

(3)  In a case to which subsection (2)(c) applies, the Commission must give the person notice in writing of its intention to impose the conditions.

71.   Obligations and benefits of accredited persons

[Section 71 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 71 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000] If the Commission accredits a person as a member of an approved alternative compliance scheme, the Commission must enter into an arrangement with the person that specifies –

(a) the obligations of the person, and the requirements applicable to the person's nominated drivers and vehicles, under the scheme; and

(b) the manner in which the nature and intensity of compliance and enforcement activity directed against the person and the person's nominated drivers and vehicles will be lessened relative to people who are not members; and

(c) the details of any variations authorised under section 64(4) ; and

(d) any conditions placed upon accreditation, or renewal of accreditation, pursuant to section 70 .

72.   Identification of scheme vehicles

[Section 72 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 72 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  If the Commission enters into an arrangement in accordance with section 71 , it may require a person's nominated vehicles to be identified by any one or more of the following:

(a) a distinctive label;

(b) a distinctive number-plate;

(c) a distinctive identification plate;

(d) prescribed means.

(2)  An item of identification issued under subsection (1) remains the property of the Commission and must be returned to the Commission if –

(a) a person's membership of the approved alternative compliance scheme lapses or is cancelled; or

(b) the Commission requests in writing the return of that item of identification.

(3)  A person must not fail to comply with a request under subsection (2)(b) .

Penalty:  Fine not exceeding 25 penalty units.

73.   Immediate suspension of accreditation

[Section 73 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 73 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  The Commission may, by notice in writing given to a person who is accredited as a member of an approved alternative compliance scheme, suspend the person's accreditation for a period specified in the notice if it is satisfied that the suspension is necessary in the public interest.

(2)  The notice must –

(a) state the Commission's reasons for giving the notice; and

(b) state that the accreditation will be cancelled unless the person satisfies the Commission that the notice should be withdrawn.

(3)  If the person does not satisfy the Commission that the notice should be withdrawn, the Commission must cancel the person's accreditation.

74.   General power of suspension, cancellation and variation

[Section 74 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 74 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  The Commission may, if subsection (2) applies, give a person who is accredited as a member of an approved alternative compliance scheme a notice in writing stating that –

(a) it proposes to cancel or suspend the accreditation, or cancel or suspend the accreditation so far as it relates to specified nominated drivers or vehicles of the person; or

(b) it proposes to vary the accreditation in the way specified in the notice.

(2)  This subsection applies if –

(a) the Commission is satisfied that the person was accredited as a member on the basis of fraud or misrepresentation; or

(b) the Commission is satisfied that the person or a nominated driver of the person has contravened a condition that applies to the person under section 70 ; or

(c) the Commission is satisfied that the person or a nominated driver of the person has contravened a road transport law and that the contravention –

(i) is serious; or

(ii) is part of a persistent series of contraventions; or

(iii) taking account of the behaviour of all nominated drivers of the person, amounts to a pattern of contravening behaviour; or

(d) the Commission is no longer satisfied that the person and the person's nominated drivers and vehicles meet the requirements of section 67 ; or

(e) any prescribed fee is due but has not been paid; or

(f) the person requests or agrees to the suspension or cancellation.

75.   Part VII offences

[Section 75 Repealed by No. 71 of 1973, s. 35 and Sched. 3 ][Section 75 Inserted by No. 57 of 1997, s. 6, Applied:26 Jun 2000]

(1)  A person who, in an application under this Part, makes a statement that is false or misleading is guilty of an offence.

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person who, in connection with an alternative compliance scheme approved by the Commission under this Part, makes a statement that is false or misleading is guilty of an offence.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person who misrepresents a vehicle or driver as being a nominated vehicle or driver for the purposes of an alternative compliance scheme approved by the Commission under this Part is guilty of an offence.

Penalty:  Fine not exceeding 25 penalty units.

SCHEDULE 1

[Schedule 1 Amended by 25 Geo. V No. 78 ]

Section 2

SCHEDULE 2 - Fees and Related Matters

[Schedule 2 Substituted by No. 18 of 1996, s. 9 ][Schedule 2 Amended by No. 52 of 1996, s. 4 ]

Section 10 (1) (d) , (db) and (ja)

PART 1 - Maximum Vehicle Registration Fees for Standard Vehicle Registration Period

PART 2 - Maximum Vehicle Registration Fees for Vehicles that may be Registered for Periods Less than the Standard Vehicle Registration Period

PART 3 - Maximum Fees for Issue or Renewal of Driver's Licence

PART 4 - Fee for Number-Plates for Dealers and Manufacturers

SCHEDULE 3 - .  .  .  .  .  .  .  .  

[Schedule 3 Substituted by No. 31 of 1961, s. 52 ][Schedule 3 Amended by No. 55 of 1965, s. 5 ][Schedule 3 Amended by No. 34 of 1987, s. 16 ][Schedule 3 Repealed by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000]

PART I

[Part I of Schedule 3 Repealed by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

PART II

[Part II of Schedule 3 Repealed by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

SCHEDULE 4

[Schedule 4 Repealed by No. 28 of 1995, s. 19 ]

SCHEDULE 5

[Schedule 5 Repealed by No. 34 of 1987, s. 17 ]