Brisbane Traffic Act of 1905 (5 Edw VII No. 18) (Qld)

9002 LOCAL GOVERNMENT. Brisbanfl Traffic Act. 5 EDW. VII. No. 18, LOCAL GOVERNMENT. Brisbane Troffic Act of 1905 ... 5 Edw. VIL No. 18 Metropolitan Fish Market Act of 1905 ... " ,,30 5 ENdow. . 1V8. II. An Act to Make Better Provision for Regulating BR' fs~ ~ NE the Traffic in the City and Suburbs of TR~ : Ft~ otOT Brisbane, and for other purposes. [ASSENTED TO 6TH DECEMBER, 1905.J B E it enacted by the King's Most Excellent Majesty~ by and with the advice and consent of the Legis~ lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same~ as follows : - Short ti,le 1. This Act may be cited as *the "The Brisbane Traffic- : !~ : :; nt ...dct of 1905," and shall commence and take effect on and of Act. from the first day of January, one thousand nine hundred *Sic in Gazette. and six. Interpreta- 2. In this Act, unless the context otherwise indicates,. tion. the following terms have the meanings set against them respectively, that is to say,- CommissiOliler of Police. District. "Commissioner of Police"-The Commissioner of Police for the time being appointed under " The Police ...dct of 1863" t ; " District "-The Metropolitan Traffic District in which this Act is in force; Licensed vehicle. Miuister. Regulations. Road. This Act. "Licensed Vehicle"-Any stage carriage or omni- bus, hackney carriage, motor, coach, car, cab,. wagon, lorry, cart, van, dray, or other vehicle in respect of which a license under this Act is in force; " Minister"-The Home Secretary or other Minister of the Crown charged for the time being with the administration of this Act; " Regulations"-Regulations made under this Aot; " Road "-Any street, road, or highway dedicated to the public within the District: the term includes a pavement, footway, bridge, or culvert· upon a road; " This Act"-This Act and all Regulations made thereunder. t.27 Vie. No. 11, supra, page 1786.

LOCAL GOVERN MENT. 9003 1905. Brisbane Traffic, Act. 3. This Act shall apply to and be in force in the Di~ triet to ])istrict constituted under the authority of section six of : ~ ; f! s~ ct ·H The Brisbane Traffic Act of 1895," * by Proclamation published in the Gazette on the fourth day of January, -one thousand eight hundred and ninety-six. The Governor in Council may, nevertheless, from time 1)0 time, by Proclamation published in the Gazette, alter the boundaries of such District. The said District shall be known for all the purposes ·of this Act as the Metropolitan Traffic District. 4. (1.) "The Brisbane Traffic Acts, 1895-96,"t are R~ p~ al of repealed, and the Board called" The Metropolitan Transit ~ ~ :: l~! d Commissioners" constituted under the said Acts is dis- dissolution :solved: of Board. Provjded that all licenses granted under the said Acts shall continue in force until they expire, unless they are -sooner suspended or cancelled under this Act or the regulations, and all by-laws made by the said Board shall remain in force untii the expiration of twelve months after the commencement of this Act unless sooner repealed by the regulations; and such licenses shall be deemed to :be licenses granted in pursuance of the regulations~ and 'Such by-laws shall be deemed to be regulations made under this Act. And references in those by-laws to the said Board shall be deemed to refer to the Commissioner of Police; and references to the comptroller shall be deemed to refer to such officer of the police force as the Commis- :sioner of Police may from time to time authorise in that behalf; and references to inspectors and other officers -charged with the control of traffic shall be deemed to refer io members of the police force. (2.) From and after the commencement of this Act the said Board hereby dissolved and the several Local Authorities having jurisdiction within the District shall -cease to exercise or perform therein any of the powers, duties, or authorities, or be subject to any of the obliga- tions which under this Act the Commissioner of Police is authorised to exercise or perform or to which he is liable. (3.) From and after the commencement of this Act .all the assets and liabilities of the dissolved Board shall be vested in and imposed upon the Treasurer; and all moneys then standing to the credit of the dissolved Board shall be paid over to the Treasurer, and shall be by him placed to the credit of the Consolidated Revenue Fund. • 59 Vie. No. 34, supra, page 5827. t 59 Vie. No. 34, supra, page 5827, and 60 Vie. No. 20, supra, page 6150. M

9004 LOCAL GOVERNMENT. Brisbane TrajJio Act. 5 Enw. VII. No. 18, Administra- 5. Subject to the Minister, this Act shall be adminis- tion of Act. tered by the Oommissioner of Police and members of the police force. Regulations. 6. (1.) The Governor in Oouncil may from time to time, on the recommendation of the Oommissioner of Police, make Regulations with respect to all or any of the matters mentioned in the Schedule to this Act. (2.) The Regulations may impose reasonable fees or- charges for or in respect of- licenses, registrations, and permits granted under the Regulations. (3.) Notwithstanding anything in any Statute to the contrary, the Regulations may impose reasonable fees oIP' charges in respect of licenses issued to all drivers, con- ductors, and other persons employed on cars used on tramways. (4.) The Regulations may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches. But no such penalty shalL exceed twenty pounds. The Regulations may empower the Oommissioner of Police or any officer of police authorised by him for that purpose to revoke or suspend any license, registration, or permit issued under this Act for any breach of the provisions of this Act by the holder thereof after due inquiry by the Oommissioner of Police or such officer and hearing the defendant or his counsel or solicitor ~ But any such revocation of a license, registration, or permit shall be subject to the prescribed right of appeal. (5.) The Regulations may provide that in addition to- a penalty any expense incurred by the Oommissioner of Police in consequence of a breach of the Regulations, or in ,the doing of any act directed by the Regulations to be done by any person and not done by him, shall be paid by the person committing such breach or failing to do such act~ (6.) A regulation may leave any matter or thing to be determined, applied, dispensed with, prohibited, or regulated by the Commissioner of Police from time to time, either generally or for any classes of cases or in any particular case. (7.) All Regulations shall upon publication in the Gazette have the force of law within the District, and shall be judicially noticed. (8.) Notice of all Regulations shall be published in some newspaper generally circulating within the Di~ trict, at least fourteen days previous to the coming into opera- tion of such Regulations.

LOCAL GOVERNMENT. 9005 1905. .Brisbane Traffic Aot. 7. The particulars of licenses shall be recorded in ~ ecord of books kept for the purpose at the office of the Com:rr;&issionerlicenses. of Police, and an extra~ t from or copy of any entry con,. tained in such books, certified under the hand of the officer in charge thereof, shall, in all courts and upon all occasions whatsoever, be received as evidence and deemed sufficient proof of all particulars contained in such entry without .requiring the production of such books or any license~ requisition, notice, or other document upon which any entry may be founded. 8. Whenever and so often as in his opinion it is Diversion of expedient for the proper execution of this Act so to do, the ~ ~ ~ ~ VII Commissioner of Police may temporarily prohibit or divert No. 19; 8. 1i5~ all or any part of the public traffic upon or from any road or portion thereof, or upon or from any bridge or the approaches thereto: Provided that the Commissioner of Police shall, when- ever it is practicable, give public notice in some newspaper circulating generally within the District of his intention so to do. The Commissioner of Police may close any road against all or any part of the public traffic during any temporary obstruction or danger to traffic, or whenever it may be necessary for any temporary purpose, and may prevent such traffic in or upon any road closed against .traffic under the authority of this or any other Act. He may close any road or part of a road permanently or temporarily against any particular description of traffic, and may prevent such traffic in or upon any road so closed, provided that another road .or route is made available for such traffic in place of the road or part of the road so .closed. Any person who disobeys or fails to comply with any direction given in pursuance of this section shall be liable to a penalty not exceeding ten pounds. 9. The Commissioner of Police may from time to Signs and time put up or affix to any structure within the District notices. any signboard, sign, or notice which in his opinion may be required for the proper regulation of traffic. For this purpose " structure" means and includes any building, wall, fence, pillar, post, or other structure or erection wheresoever situated and by whomsoever owned. Any persQn who obstructs the Commissioner of Police in the exercise of his powers under this section, or destroys,

9006 LOCAL GOVERNMENT. Brisbane TrajJic Act. 5 Enw. VII. Nc. 18, pulls down, defaces, or injures any signboard, sign, or notice put up or affixed by his authority, shall be liable to a penalty not exceeding ten poun<is. Obstruction 10. (1.) Every person who obstructs any member of of police. the police force in the execution of his duty under this Act shall be guilty of an offence against this Act. Evading (2.) Any member of the police force may, without fpaaryem. ent of any other warrant than this Act, apprehend any person whom he finds committing an offence against this Act, or whom he has reasonable grounds for suspecting to be evading or attempting to evade payment of a fare, and may take such person before a police magistrate to be dealt with according to law. Persons not (3.) Any person who, when required by a member of .. gainvdinagddnraemsse. the police force in the execution of his duty under this Act to state his name or place of abode, refuses to do so, or, when so required, states a false name or place of abode, shall be guilty of an offence against this Act. Any such person who refuses to state his name or place of abode, or who in the opinion of such officer states a false name of place of abode, may, without any other warrant than this Act, be apprehended by such officer and taken before a police magistrate, there to be dealt with according to law. Police may inspect premises. 11. Any member of the police force may, under the authority of the Commissioner of Police, at any time between sunrise and sunset enter any premises for the· purpose of making any inspection which he is authorised or required to make under this Act. Penalty o~ 12. Any person hiring or using a licensed vehicle, per~ ons usmg who- vehicles. (a) Evades the payment of the prescribed fare; (b) Having failed or refused to pay such fare, either refuses to give an address at which he can be found, or gives a false address; (0) Forces himself upon any such vehicle already carrying the full complement of passengers or hired by another person; (d) 1\Iisconducts himself whilst using any such vehicle; ( e) Damages any such vehicle, shall be guilty of an offence against this Act; and in the case of any offences mentioned in subsections (0), (d), or (e) of this section may be removed from the vehicle by the driver or a member of the police force.

LOCAL GOVERNMENT. 900'1 ]905. Brisbane Traffic Act. 13. (1.) No person shall place, or allow to remain, P~ a~ ing. ~ 0!l any vehicle in use, or plying ~ or hire, any print~ g ~ r ~ ~ ~~ ~ :: ng: sIgn amounting t3 a representatIOn that such vehicle IS unli:censed licensed or for hire, or any distinguishing number as pre- ; e~ dle. VII scribed by any Regulation, unless he is at the time the No. 1;; s. 136. holder of a license with respect to such vehicle. (2.) No person shall, by any false statement or mis- Unla~ ully representation, obtain or attempt to obtain a license for a t~: : ': l&; C. vehicle under this Act. ' (3.) Any person who is guilty of an offence against Penalty. any of the foregoing provisions shall be liable to a penalty not exceeding twenty pounds. 14. If any driver of a licensed vehicle wilfully or Damag~ done negligently, by driving such vehicle on any road, causes any ~YE:;, !~c{,ji. damage to be done to any person or property, the owner, No. I9,s. 137. . licensee, and such driver shall, jointly and severally, be liable for the amount of such damage, and such amount may be recovered in any court of competent jurisdiction at the suit of the person aggrieved. 15. In any proceedings under this Act for the recovery No fee to be of an•y fare, no fee in respect of such proceed. ing shall be pchroarcgeeeddm, ings charged or taken by any clerk of petty seSSIons or other for recovery officer of the court. offares. 16. (1.) Every person guilty of an offence against this Penalty for Act for which no penalty is provided shall be liable to a breach of Act. penalty not exceeding twenty pounds or to be imprisoned for any period not exceeding two months. (2.) All penalties incurred under this Act, and all Recovt;rY of fares required by the Regulations to be paid, and all other penaltIes. sums made payable by this Act, may be recovered in a summary way by complaint before a police magistrate. 17. In any conviction under this Act, the police Oourtmay I moSaSgi 0 stfratIt· me emaoyr oerxdpeernsseucI.hncpuaryremdenI. nt, acsoncsoemqupeenncseati 0 ofn tfhoer focoorrdmedpraemnsaag t eI ' os,n offence of which the defendant was convicted, as he thinks &c. fit; and shall note the conviction on any license or cer- tificate of registration or permit under this Act held by the person convicted, and may by order revoke or suspend his license or registration or permit, and may order the delivery of the license or certificate of registration or permit to some person to be named in the conviction.

9008 LOCAL GOVERNMENT. Brisbane Traffic Act. 5 EDw. VII. No. 18, dtCiioosnmm,ips & esn c a . sl , aoo- fn a me 1 m 8 b . e I r f oaf cthoempploaliincte isfomrcaedefobryaannyyopfefernsocen ootrhfeorrthtahne proceedings. recovery of any fare under this Act, and the proceedings are dismissed, the police magistrate may, if he thinks fit, order that the complainant pay to the defendant in addition to any costs such compensation for loss of time or otherwise as seems reasonable; such compensation not to exceed the sum of five pounds. Facilitation of proof. 19. In any proceedings under this Act- (1) It shall not be necessary to prove the limits of the District or that any road or place is within the District, or the authority of the Commis- sioner of Police or any member of the police force to do any act or take any proceedings, but this shall not prejudice the right of any defendant to prove the limits of the District or the extent of such authority; (2) Proof that any licensed vehicle, not being a vehicle used for the carriage of goods and merchandise only, is in a road shall be prima facie evidence that it is plying or standing for hire; (3) Proof that a person applied for and obtained a license or registration for a vehicle shall be prima facie evidence that such person was the owner of such vehicle; (4) The production of a copy of a license or certificate of registration of a vehicle shall be prima facie evidence that the vehicle is licensed or registered, and that the person named therein applied for and obtained the license or regis- tration for such vehicle. Present 20. Any officer employed by the Board hereby dis- b:~ : ;~ ; ~ d. solved at the time of the commencement of this Act may . be appointed for the purpose of the administration of the Act, notwithstanding any provision of the Police Act or Regulations. SCHEDUI,E. SUBJECT MATTER FOR REGULATIONS. For the· purposes of this Schedule, "vehicle" means and includes any description of vehicle drawn or propelled by animal or other motive power other than a velocipede, and expressly includes motor cars and vehicles; and" velocipede" means and includes a bicycle, tricycle, motor cycle, or other vehicle of similar description. .

LOCAL GOVERNMENT. 9009 1905. Brisbane Trajfic Ad. , 1. Requiring motormen and conductors of cars used on tramways Licenses for to obtain licenses from the Commissioner of Police. . tramcars, &C. 2. Requiring the owners of vehicles used, kept, or let for hire, or for Licenses for the use of which any payment, recompense, or remuneration is made, certain dry: given, or received, to obtain from the Commissioner of Police a license vehic~ es and in respect of every such vehicle; requiring the drivers and conductors of and ()f such vehicles to obtain licenses from the Commissioner of Police. con uc rs. 3. Prescribing thfl qualifications of persons who are required to Qualifications <obtain licenses as motormen, drivers, or conductors of any vehicle; and limit of defining the ages at which they shall be entitled to become licensees; age; badges. prescribing the badges to be worn by such perllons. 4. The form, construction, and equipment of vehicles used, kept, or Form of let for the conveyance of passengers for hire, not being cars used on vehic~ ea tramways; the number of passengers that may be carried in or on such carrYIng f vehicles and in or on cars used on tramways. ld: : e~ : rs or number of passengers. 5. Requiring persons carrying on the business of carriers, carters, License of fupt carters, or water-drawers by means of any vehicles, whether plying carriers, &C. for hire or not, or porters, to obtain licenses from the Commissioner of Police. 6. The marking of licensed vehicles with names and distinguishing Names and numbers; requiring the number of the license to be painted in the numbers. manner and form prescribed on the outside lamps of every such vehicle ail is used, kept, or let for the conveyance of passengers for hire. 7. The amount of luggage and weight of goods that may be carried Luggage, &c. iD or on any licensed vehicles except cabs and in or on cars used on tramways. 8. The registration, and identification by prescribed form, of vehicles, Registration, . ()ther than public vehicles, used by wholesale merchants or warehouse- &0., of men for the conveyance of goods in the pursuit of their business. mehic~ chl ants' ve es. 9. Regulating what routes shall be followed by vehicles or by any Routes, &c. prescribed description of vehicles; prescribing, in the case of licensed omnibuses plying from one locality to another, the route of such omnibuses and the time to be taken by the drivers thereof for performing the whole or any portion of their journey; requiring such omBibuses to be plied in accordance with time-tables approved by the Commissioner of Police; providing for the pUblication of such time-tables. 10. Appointing and regulating public stands for licensed vehicles Public stands. and cars used upon tramways. . 11. Regulating the safe cutltody of any property which may be Safe custody. accidentally left in any licensed vehicle or car used upon a tramway or at any public stand, and rewarding the finder. 12. Regulating the sale, after reasonable notice and upon reasonable Sale of conditions, of any unclaimed articles found in any licensed vehicle or car un~ laimed 'used upon a tramway or at a public stand. Half of such amount artIcles. realised to be handed to driver or conductor, provided that such half does not exceed fifty pounds. 13. Prohibiting drivers, motormen, or conductors of licensed vehicles Misconduct; in any road from misconducting themselves; prohibiting any person from touting. touting or calling out or otherwise importuning to hire or use any licensed vehicle. 14. The rates or fares to be charged for the use of vehicles used, Tariff. kept, or let for the conveyance of passengers or goods for hire, not being cars used on tramways; prohibiting licensees from demanding more than the authorised rate or fare, and persons employing any licensee from fraudulently evading the payment of such rate or fare.

9010 LOCAL GOVERNMENT. Brisbane Traffic Act. 5 Enw. VII. No. 18, 1905~ Ilvinecshepniceslceetdsi.on of tthhee inc 1 ls 5 ep . aenRcltieinogenuslsoaftoiftnhlgiecaehnnodsresedenspf, oahsracsreinnneggsetsrh, evaeinhndiscpleeeqcsutaiionpndmooefnfltitchtehenesdrerediovvefe; rhseicaulnfeodsr, ccaionnngd-- ductors thereof. Limitation. 16. Limiting the number of licensed passenger vehicles. Traffic. 17. Regulating the traffic and standing of vehicles and horses upon any road. Ag80f drivefs 18. Prescribing the limit of the age at which any person shall drive- of vehicles or have the control of any horse or horses harnessed to any vehicle· generally. standing or being driven upon any road. Unattended 19. Prescribing and regulating the seizure and custody of vehicles vehicles, &c. and horses in the care or charge of drunken persons, or of unattended vehicles and horses and other animals upon any road, and providing for- the recovery of all expenses of the custody of the same. Speed, &c. 20. Regulating the rate of speed and pace of vehicles, velocipedes,. tramcars, and of horses; regulating where and under what conditions cars used on tramways, and vehicles and horses, may stand in or upon any rond; prohibiting the driving of any animal drawing any vehicle not. having springs at a faster rate, speed, or pace than at a walk. Accidents. 21. Providing for the prevention of accidents arising from the- improper use of vehicles, velocipedes, tramcars, aud horses, or from the- driving of animals. Lamps. 22. Requiring the owner of any description of vehicle or velocipede- to provide t.he prescribed number of lamps to be attached to such vehicle· or veloQipede. and the driver, rider, or person having the control of the same to keep such lamps lighted while the same is standing or being driven at night. ObstrUction. 23. Prohibiting loitering and the obstruction of traffic generally upon any road. Removing obstllcles. 24.. Prescribing the removal by any member of the Police Force of any animal, vehicle, stall, stand, or other structure or contrivance causing: or likely to cause an obstruction to traffic in any road. Goods on rollds. 25. Prohibiting any goods of any description from being placed,. stacked, or stored in or upon any road, or from remaining in or upon any such -road for a longer period than may be necessary for housing or removing the same. Traffic on footways. 26. Requiring any person standing or loitering upon the footway to- the inconvenience of passers-by to immediately comply with the orders: or directions of any member of the Police Force to discontinue to do so ;: prohibiting the riding, driving, or wheeling of any hand cart, truck,. barrow, or other similar class of vehicle or any velocipede upon or along the footway; prohibiting the carrying of large or bulky parcels upon. or along the footway. Tr&1B.c on trllmwllYs. Motor CllfS IInd cycles. Extra· ordinllry traffio. 27. Regulating the traffic upon tramways. 28. Regulating the use of motor cars and vehicles and motor cycles in or upon any road; if necessary, providing for the registration or motor cars and vehicles and motor cycles and of the owners thereof;. regulating the speed of motor cars and vehicles and motor cyclE'S in any particular road, or part of a road, or generally throughout the District ~ providing, in addition to any general regulations relating to vehicles,. special regulations for the prevention of accidents through the use of motor cars and vehicles and motor cycles. 29. Regulating and, when thought proper, temporarily prohibiting traffic at times of public interest, amusement, or excitement.

LOCAL GOVERNMENT. 9011 5 EDW. VII. No. 30, 190~ Metropolitan Fish Market ..dct. 30. Prohibiting or regulating by permit the passage of advertising Advertising vans and men carr.ying advertisements and placards upon any road, and vans, &c. the throwing or distributing of handbills or other printed matter in or upon any such road. 31. Licensing, regulating, or restricting the use and management of Hand carts. hand carts upon any road. 32. Regulating and if necessary restricting exceptional traffic on Exceptional 1'0ads, and prescribing payments in respect of such traffic, or requiring traffic. the issue of permits in respect of the same. 33. Regulating and if necessary restricting the carrying on vehicles, Timber, &c.,. upon any road, of long, large, heavy, or projecting goods, or requiring on vehicles. the issue of permits in respect of the same. 34. Prohibiting or restricting the breaking-in of horses either by Hors~- leading, riding, or driving in or upon any road. breakmg. 35. Regulating and prescribing the route of funeral processions, Processions. and prohibiting or regulating by permit and prescribing the route of processions generally. 36. Prohibiting or regulating the holding of meetings, or the use Mee~ ings, of musical instruments, upon any road. musIC. 37. Prohibiting or regulating and licensing the setting up and use Stalls, &c. of coffee stalls, and vehicles, stalb, or stands for the sale of goods or for the pursuit of any business, calling, or employment, and the itinerant vending of goods in or upon any road. 38. Regulating the mode of application for licenses, permits, and Applications,. :registrations; the manner and form in which licenses, permits, and ~ c. , for registrations shall be granted or transferred 1 and the duration and licenses. renewal of licenses, permits, and registrations. 39. Prescribing any conditions upon which licenses, permits, and Conditions of registrations may be granted, transferred, suspended, or revoked. licenses. 40. Prescribing fees for licenses, permits, and registrations, and for Fees. the renewal thereof; the fees payable annually in respect of the vehicles -and persons hereunder mentioned in pursuance of any Regulation shall not exceed the sums respectively set against them, namely :- Omnibus or other vehicle used as such ... £3 0 0 Cab 1 10 0 Van, dray, or wagon 0 10 0 Driver, motorman, or conductor 0 5 0 Provided that no licensee who drives his own licensed vehicle shall be required to obtain a license as a driver or pay any fee in respect to a driver's license. An Act to Provide for the Establishment, Main- 5 Edw. VII. tenance, and Regulation of a Fish Market TH: ~~ ~ Ro- in the Metropolitan Area. POL~ ! ~ Ki; SH [ ASSENTED TO 20TH DECEMBER, 1905.] ~ m~ B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- 1. This Act may be cited as "The Metropolitan Fi8~ Short title. Market Act of 1905."