Government Tramways Act 1912 (WA)

WESTERN AUSTRALIA.

GEORGII QUINTI REGIS,

XXXIX.

No. 58 of 1912.

AN ACT for the Construction, 1VIaintenance, and

Working of Government Tramways.

[Assented to 30th December, 1912.]

Legislative Assembly of Western Australia, in Ws present Parlia- BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows :—

Preliminary.

1. 'This Act may be cited as the Government Tramways Act, Short title and

1912, and shall come into operation on a day to be fixed by pro-	commencement.
clamation.

2. In this Act- Interpretation.

" Commissioner " means the Commissioner of Railways

appointed under the Government Railways Act, 1904;

"Gazette" means the Goven acid Gazette of Western Aus-

tralia;

"Government" means the Government of Western Australia ;

"Government Tramways" means

(a.) The tramways acquired by the Government under the

Tramways Purchase Act, 1912;

1912, No. 58.1 Government Tramways. [3 GEO. V.

(b.) All tramways constructed, or being at any time in course of construction, by the Minister under the provisions of tins Act;

(c.) All other tramways the property of the Government, and declared by the Governor, by Order in Council, to be Government tramways within the meaning of this Act;

and includes all lands, buildings, structures, works, wires, cables, equipment, plant, rolling-stock, machinery, appli- ances, and other effects belonging to the Government, and used for the purposes of any Government tramway;

"Local Authority" means a municipality and the council thereof, or a road board;

"Minister" means the responsible Minister of the Crown for the time being administering the Government Railways Act, 1904;

"Prescribed" means prescribed by this Act or the by-laws or regulations thereunder ;

the constructionGeneral powers for 3. (1.) The Minister may, pursuant to any Order in Council

and maintenance of whereby the construction of tramways is authorised, construct such

tramways. tramways on roads; and for such purpose, and for the mainten-

ance, repair, alteration, or renewal of all Government tramways,

and generally for the purposes of this Act, may

(a.) Break up, open, and alter the surface or level of any

road;

(b.)	Temporarily stop traffic upon any road;
(c.)	Place, erect, lay down, work and maintain in, over, or under any road, and, with the consent of the owner and occupier thereof, attach to any building any appar- atus or thing which in the opinion of the Minister may be necessary or expedient in connection with the trans- mission of electric or other power, and may from time to time repair, renew, remove, and replace the same;
(d.)	Open, and alter the position of sewers, drains, gaspipes, or waterpipes in or under any road, or, with the consent of the Commonwealth Postmaster General, raise, lower, alter, or remove any telegraphic, telephonic, or electric apparatus, whether under the control of the Common- wealth Postmaster General or not ;
(e.)	Alter, remove, replace, or relay in any position or situa- tion any existing or future Government tramways, or any part thereof, or anything connected therewith;
(f.)	Extend or vary any existing or future Government tram-

ways;

3 Glio. Go rentment Tramways. [1.912, No. 58.

(g.)	Make, renew, remove, replace, or alter as to position or otherwise any junction, siding, station, turntable, or turnout;
(h.)	Take and acquire under the provisions of the Public Works Act, 1902, any land or buildings which, in the opinion of the Minister, may be necessary or con- venient to be purchased or taken for any purposes authorised by or under this Act;
(i.)	Erect, repair, remove, alter, pull down, or make additions to any power house, storage stations, tranisheds, or buildings, with all proper offices, conveniences, and appurtenances.

(2.) The Minister shall not--

(a.)	open or break up any road or bridge, or stop any traffic,	Before interfering
with roads notice to

except in cases of emergency, without giving at least	be given.
three days' notice to the local authority; or

(b.) alter the level of any road without altering such level over the whole width of such road, and shall re-make the same to the satisfaction of the local authority.

(3.) In cases of emergency, as mentioned in the last preced- ing subsection, notice to the local authority shall be given as soon as possible after the work has been begun or the necessity for the same has arisen.

Notice in cases of

emergency.

Restoration of

(4.) When the Minister shall have opened or broken up any portion of any road, he shall, with all convenient speed, and to the satisfaction of the local authority, restore the portion of the road to as good condition as before it was opened or broken up, and remove all surplus material.

roads.

Contracts as to re-

(5.) The Minister and the local authority may make, alter, renew, or vary contracts or arrangements with one another with respect to the paving and keeping in repair of any road or portion of any road on which there may be a tramway.

pair of roads.

(6.) For the purposes of this Act the term "Minister" in section eleven of the Public Works Act, 1902, includes the Minister for Railways.

4. (1.) e Commissioner Commissioner to manage tramways.

(a.) shall have the management and control of all Government

tramways for the time being open for traffic;

(b.)

may work such tramways upon all roads with tramcars

propelled or drawn by electric or any other power; and

(c.)

may run over, work, and use any tramways in respect of which the Government may have or may hereafter acquire running powers, under and subject to the pro- visions of any agreement in force for the time being relating thereto.

1912, No. 58.] Government Tramways. [3 GEO. V.

(2.) The Commissioner may exercise the powers conferred

on the Minister by section three, for the maintenance, alteration,

renewal, or repair of all Government tramways open for traffic.

By-laws. 5. (1.) The Commissioner may from time to time make, alter, and repeal by-laws as to the following matters :—

(a.)	Prescribing tolls, fares, or charges which may be de- manded or taken by the Commissioner from any passen- ger, or in respect of the carriage of goods;
(b.)	Regulating the use of tramcars by passengers, and the number of passengers that may be carried in each tram- car ;
(c.)	Prohibiting the committing of any nuisance upon tram-

ways or tramcars;

(d.) Regulating the ordinary traffic on that portion of the

roads on which any tramway is laid; and

(e.) Generally for regulating the traffic on tramways, and the conduct of all persons employed on or about the same or travelling or being thereon.

(2.) Any by-law may impose a penalty not exceeding twenty

pounds for the breach thereof.

(3.) By-laws when confirmed by the Governor and pub- lished in the Gazette shall have the force of law.

(4.) The Gazette containing any such by-law shall be evidence thereof, and that the same was duly made and confirmed.

(5.) Copies of all bylaws shall be laid before both Rouses

of Parliament within fourteen days from the making thereof, if Parliament is sitting; and if not, then within fourteen days after the next meeting of Parliament.

Penalty for	inter - 6. No person shall obstruct any person acting under the
fering with	tram- authority of the Minister or the Commissioner in. setting out, mak-

ing, forming, laying down, repairing, or renewing any Govern-

ment tramway, or damage any Government tramway.

Penalty: Fifty pounds.

Penalties for	7. No person shall, without lawful excuse, do any of the fol-
various offences.

lowing things, namely :—

(a.) Interfere with, remove, or alter any Government tramway

or the works connected therewith;

(b.) Place any stones, wood, refuse, or other material on any

part of a Government tramway ;

(c.) Do or cause to be done anything in such manner as to

obstruct a tramcar using a Government tramway;

3 GEO. V.] Government Tramways. [1912, No. 58.

(d.) Obstruct, hinder, or interfere with the exercise of any

power hereby conferred; or

(e.) Knowingly aid or assist in doing any such thing.

Penalty: Fifty pounds.

8. No person shall

Penalties for

offences relating to

(a.) While travelling, or after having travelled in any tramcar fares. etc.

on a Government tramway, avoid or attempt' to avoid

payment of his fare; or

(b.)	Having paid his fare for a certain distance, knowingly and wilfully proceed in any such tramcar beyond such distance, and neglect to pay the additional fare for the additional distance, or attempt to avoid payment there- of ; or
(c.)	Knowingly or wilfully refuse or neglect on arriving at the point to which he has paid his fare, to quit such tramcar ; or
(d.)	Deface any notice placed by the Commissioner on any

part of a Government tramway or of any tramcar; or

(e.)	Obstruct any person employed on a Government tramway or on any such tramcar in the performance of his duty; or
(f.)	Behave in a violent or offensive manner to the annoyance of others on a Government tramway or any such tram- car ; or
(g.)	Refuse to leave the platform or steps of any such tram-

car when required to do so by the conductor.

Penalty: Two pounds.

9. No person shall, without the permission of the Commis- Protection of the right of Commis-

sioner, use a Government tramway, or any part thereof, with	sioner to the ex-
vehicles having flanged wheels, or other wheels suitable only to	clusive use of tram-
run on the rails of a tramway.	ways.

Penalty: Twenty pounds.

10. If the breach or non-observance of any by-law is attended with danger or annoyance to the public or hindrance to the Com-	interfere
Commissioner may
summarily.
missioner in the conduct of his business, the Commissioner or any employee of the Commissioner may summarily interfere to obviate, remove, or stop such danger, annoyance, or hindrance, and that without affecting any penalty incurred by the offender.

H. All actions, suits, claims, and demands of the Crown relat-	Actions by
commissioner.

the

ing to or arising from the management, maintenance, or control of any Government tramway, or other tramway open for traffic,

1912, No. 58.] Government Tramways. [3 GEO. V.

under this Act, may be brought, maintained, and enforced by and in the name of the Commissioner in any Court of competent juris- diction.

Actions against the 12. All actions, suits, claims, and demands against the Crown

Commissioner.

relating to or arising from the management, maintenance, or control of any Government tramway, or other tramway open for traffic under this Act, shall be brought, maintained, and enforced against the Commissioner, and not otherwise: and, subject to the limitations and provisions of this Act, the Commissioner may be sued in respect thereof in any Court of competent jurisdiction.

Notice and coin-

moneement of

13. (1.) No action shall be maintainable against the Commis-

sioner for any cause, unless the action is commenced within six

months after its cause shall have arisen.

action.

(2.) No such action shall be commenced until one month after a notice, in writing, is given to the Commissioner stating the cause of action and the name and address of the party about to sue.

Plaintiff in actions	14. No action shall lie or be brought or continued against the
for personal injuries

to submit to

Commissioner in respect of any injury to the person, unless the

examination.

person injured submits himself to examination by a medical

practitioner or medical practitioners appointed by the COMITFIE-

sioner, at all such reasonable times as the Commissioner may

require.

Limit of liability. 15.. No damages exceeding two thousand pounds shall be re-

coverable in any action against the Commissioner in respect of loss of life or injury to the person, whether in the case of a passenger or not.

Receipts and	16. (1.) All moneys received by way of rents, tolls, fares, freights, carriage, or otherwise accruing from a tramway shall be paid into the Public Account, and, except as otherwise provided, form part of the Consolidated Revenue Fund.
expenditure.
(2.) All expenditure incurred in the construction, main- tenance, alteration, repair, and management of Government tram- ways, all costs of administration, all contributions to funds for the replacement of depreciating property, and to reserve funds, and all interest, instalments of principal or contributions to sink- ing funds in respect of borrowed money, shall be defrayed out of moneys to be appropriated by Parliament to the purposes of this Act.
Disposal of surplus	17. All rolling stock, machinery, material, plant, and other effects which have been charged to a vote of Parliament appro- priated to the Government tramways, and which are no longer
stock.

3 GEo. V.] Government Tramways. t1912, No. 58.

required for the purpose for which the same were obtained, may be taken over, valued, and placed in the Tramways Suspense Stock by the Comptroller of Stores; and the amount of such valuation shall be credited in the books of the Treasury to the Tramways Stores Adjustment Account, and at the end of each financial year the amount so credited shall be transferred to the credit of expenditure under the Consolidated Revenue Fund, or with the concurrence of the Commissioner, to the credit of any head of expenditure.

18. (1.) The Commissioner shall, once in every three months, Quirterik" bran/-

cause to be prepared a quarterly Tramways Working Account, :e7ossont.

showing the total gross receipts accruing from the tramways during the period covered by the account, and the total expendi- ture upon the working, management, and maintenance during the same period.

(2.) Such account shall also show the gross cost of the

acquisition or construction of the tramways, including the cost of rolling stock, machinery, material and plant, and all incidental expenditure.

(3.) All such accounts shall be published in the Govern- ment Gazette, and shall be laid before Parliament.

19. (1.) All the provisions of the Government Railways Act, Employees.

1.904, relating to officers and servants of the Department of Gov-

ernment Railways are incorporated with this Act, and shall apply to all employees on Government tramways under the management and control of the Commissioner, and such employees shall be officers and servants of the said department, which is hereby ex- tended to include all such Government tramways.

(2.) The provisions of the Industrial Conciliation and Arbi- tration Act, 1902, relating to Government railways and Govern- ment railway workers, are hereby extended to Government tram- ways under the management and control.of the Commissioner, and to Government tramway workers.

20. No rate, tax, or assessment shall be made, charged, or Exemption from

levied on any Government tramway. rates.

21. The Commissioner may, with the approval of the Minister, motor omnibuses.

provide and run motor-omnibuses in connection with the Govern- ment tramways, and such. service shall be deemed a part of the tramways system, and the powers conferred by this Act on the Commissioner to make and enforce by-laws shall extend to such motor-omnibuses.

1912, No. 58.1 Government Tramways. [3 GEO. V.

Penalties. 22. Where a penalty is mentioned in or at the foot of any sec- tion, any contravention of the section, whether by act or omission, shall be an offence against this Act punishable upon conviction by a penalty not exceeding that mentioned.

Tramways Act, 23. The Tramways Act, 1885, shall not apply to Government

1885, not to apply. tramways.

By Authority: FRED Wm. SIMPSON, Government Printer, Perth.