Heavy Vehicles Act of 1925 (16 Geo v No. 22) (Qld)

ROADS-TRAFFIC. 16 GEO. V. No. 22, 1925. Heavy Vehicles Act. (b) In section twenty-six, after the words "adver- tisements on" the words " or near" are inserted. (c) After section twenty-rune, the following sections are inserted :- " [30.] The terms and conditions of the erection and maintenance of Highway highway lighthouses.. lighthouses. [31.] Prohibiting or restricting or regulating the use by any person Use of lands other than the Commissioner of any lands, the property of by strangers. the Crown, set aside for the purposes of this Act, or any land vested in or under the control of the Commissioner, whether permanently or temporarily, for thepl1rposes of this Act, or any main road or developmental road or land laid out for any such road while works of construction or main- tenance are being carried on or for such period after the completion thereof as the Commissiomr may determine." SALARIES-PUBLIC SERVICE. See PUBLIC SERVICE. STATE SECURITIES REGISTRATION. See CROWN. TRAFFIC. An Act to Provide for the Registration of certain 16 Gap. V. Heavy Vehicles, and for Other Purposes THE No. H 2 E 2 A . VY Incidental thereto. VEHICLES ACT OF 1925. [ASSENTED TO 5TH NOVEMBER, 1925.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The IJ eavy Vehicles Short title Act of 1925," and shall c . ome into operation on a day to aconmd mence- be fixed by ProclamatlOn of the Governor in Council ment of Act. published in the Gazette.

11500 TRAFFIC. Heavy Vehicles Act. 16 GEO. V. No. 22, Interpreta. tion. Heavy vehicle. 2. In this Act, unless the context otherwise indicates,. the following terms have the meanings respectively assigned to them, that is to say:- "Heavy vehicle "-A motor omnibus, motor truck, trailer, or tractor; also any animal- drawn vehicle the tare of which exceeds twenty-five hundredweight; Local Authoritiel Act. Minister. " LOJal Authorities Act" -*" The Local Authorities: Acts, 1902-1924," and any Act amending the same: So f2,r as rehtes to the City of Brisbane, the term means t" The City of Brisbane Act of 1924" and any Act amending the same; "Minister"-The Secretary for Public Lands or other Minister for the time being eharged with the administration of this Act; Motor omnibus. " Motor omnibus"-A motor vehicle capable of and equipped for the carriage of not less than eight passengers; Moto r truck. Motor vehicle. "Motor truck"-A motor vehicle used or capable of being used for the carriage of goods, and not equipped for the carriage of passengers; "Motor vehicle"-A vehicle propelled by gas~ motor spirit, oil, electricity, steam, or other motive power, and used or intended to be used on a public highway: the term does not include a traction engine or tractor; - Owner. " Owner "-Every person who is the owner, joint owner, or part owner of the vehicle, and any person who has the use of the same under a. hiring agreement or hire-purchase agreement; Passenger. Prescribed. Tare. This Aot. " Passenger" does not include the driver or' conductor; " Prescribed " -Prescribed by this Act; "Tare"-The weight of the vehicle fully equipped for travelling but not including any load; " This Act "-This Act and all regulations made thereunder; * 2 Edw. VII. Ko. 19 and amending Acts, supra, pages 1860, 5653~ 5918, 8304, 9571, 10126, 10661, and 11078. t 15 Geo. V. No. 32, supra, page 11140.

TR ;FPIC. 11501 1925. Heavy Vehicles Act. "Tractor"-A power-driven vehicle used or Tractor. intended to be used for hauling trailing vehicles, but not built or equipped to carry passengers or goods (other than fuel or water for its own consumption); " Traffic district' '-Any district declared to be T: a~ c a traffic district under *" The Traffic Acts, dIstrlCt. 1905 to 1910" and any amendment thereof: provided that the area of the City of Brisbane shall be deemed to be a traffic district; "Traffic route"-Any road, route, or means of Traffic route. access declared to be a traffic route within the meaning of this Act; "Trailer"-A vehicle without motive power Trailer. capable of being drawn by another vehicle attached to the same. 3. (l. ') Subject to the exceptions next hereinafter Application. provided, this Act shall apply to-- of Act. (a) All motor omnibuses kept, let, or used for hire or reward within a traffic district; and (b) All motor omnibuses kept, let, or used for hire or reward on traffic routes outside traffic districts; and (c) Motor trucks which, although ordinarily used for the carriage of goods, are also occasionally let or used for hire or reward for the carriage of passengers; and (d) Heavy vehicles kept, let, or used for carrying goods on traffic routes: - (2.) Provided always that this Act shall not apply to- (i.) Any heavy vehicle owned, kept, or used by the Crown or by any corporation or person representing the Crown, or by any Local Authority or other local self-governing body; or (ii.) Any heavy vehicle owned, kept, and ordinarily used by any person for the carriage of primary produce; '" 5 Edw. VII. No. 18 and amending Acts, 8upra, pages 3487 and 7668.

11502 Traffio routes. TRAFFIC. Heavy Vehicles Act. 16 GEO. V. No. 22, And for the purposes of this provision "primary produce" shall mean and inolude grain, cereal, fruit, vegetable, cane, and any other product of the soil in Queensland not including timber; dairy produce, live stock, hides, wool, skins, and any other pro- duct of any agricultural, dairying, or pastoral pursuit in Queensland; and mineral ore obtained from any mine in Queensland ; and any other material, commodity, or thing which the Minister by notification in the Gazette declares to be primary produce for the purposes of this Act; or (iii.) Any tramcar used on any tramway. 4. The Minister may from time to time, by notifi- cation in the Gazette, establish and declare traffic routes under and for the purposes of this Act, and may by like notification abolish any traffic route or vary any traffio route theretofore established. A traffic route shall be either- (a) A route along a highway or highways (which, save as hereinafter provided, need not be defined) between terminal places stated in. the notification, between which railway commun:cation by means of a State railway already exists; or (b) A route along a highway or highways between terminal places between which there is not railway commun'cation as aforesaid, but which the Minister upon the recommendation of a Local· Authority declares as aforesaid to be a traffic route: Provided always- (i.) That where under the circumstances men- tioned in paragraph (a) hereof a traffic route so declared runs wholly or partly into or through a traffic district, the highway or highways constituting or comprised in such route which lie within such traffic district shall be specifically defined and declared in the notification; and (ii.) That where under the circumstances men- tioned in paragraph (b) hereof a traffic route is declared, the highway or highways consti- tuting the same shall be specifically defined· and declared in the notification.

TRAFFIC. 11503 1925. Heavy Vehicles Act. 5. (1.) The owner of every heavy vehicle to which Regist~ tioll this Act applies shall, before he commences to use the of vehIcles. same, make application in the prescribed form to the prescribed officer for the registration of such vehicle, and shall pay the fees prescribed. It shall be the duty of every applicant for registra- tion to -supply to such officer all such information respecting the vehicle for the registration of which :application is made as may be prescribed or as he ,may require. (2.) No heavy vehicle shall be registered which does not comply with the conditions prescribed in _the regulations with respect to that class of vehicle and to heavy vehicles generally. (3.) No motor omnibus to which this Act applies shall be registered under this Act unless or until the insurance policy prescribed by this Act has been produced to such officer. (4.) Upon the registration oc every heavy vehicle the owner thereof shall be entitled to receive a certificate Qf registration in the form prescribed. (5.) Upon the registration of a heavy vehicle under this Act the owner thereof shall be under no liability to register the same with or to pay any fees in respect of the same to any Local Authority under any provisions -of the Local Authorities Act or any by-law made there- under, but he shall not be exempt from any liability to comply with any of the provisions of *" The Traffic Acts, 1905 to 1910," in force within a traffic district, or any by-laws or regulations made thereunder, or any of the provisions of t" The l1ia1'n Roads Acts, 1920 to 1925," or imy regulations made thereunder. 6. The owner of every motor omnibus to be registered Insurance of QT registered under this Act shall insure himself and keep : ~ : : I~ us. himself at all times insured either with the State Govern- ment Insurance Office or some insurance company licensed under t" The Insurance Acts, 1916-1923," during the currency of such registration against an sums for which he may become liable by way of damages in respect Qf such motor omnibus in case of injury to the person. * 5 Edw. VII. No. 18 and amending Acts, 8upra, pages 3487 and 7668. t 10 Geo. V. No. 26 and amending Acts, supra, pages 9265, 10198, 10833, and 11486. t 7 Geo. V. No. 27, 8upra, page 7497, and 14 Geo. V. No. 29, 8upra, page 10574.

11504 TRAFFIC. Heavy 17 ehicles Act. 16 GEO. V, No, 22, The minimum aggregate amount of insurance against liability in respect of every such omnibus shall be one- thousand pounds. Any owner carrying passengers in excess of the- prescribed number shall be liable to a penalty not exceeding two pounds. RV H oe e ha a id v c y lFesund. Treas 7 u . ry (1. a ) TFhuenrde, sthoalbl ebecalclreedate" dThaendHekaevpyt Vaethicthlees- Road Fund." (2.) To the credit of such Fund shall be placed all moneys collected as registration fees under this Act~ together with all penalties recovered for breaches of this Act, and all other moneys received under this Act. Annual allocation of Fund. (3.) At the end of each financial year of the Treasury all moneys standing to the credit of such Fund, after making allowance for the cost of the administration of this Act, shall be allocated and paid in such proportion& as the Minister shall direct, to a,nd amongst the several Local Authorities upon the roads of which heavy vehicles registered under this Act were used during such year. The sums so paid to a Local Authority shall be- applied by it towards the construction, renewal, repair,. and maintenance of the said roads of its Area, and not otherwise. The Minister may require proper accounts of such expenditure to be furnished to him. Regulatione. 8. The Governor in Council may from time to time- make all such regulations as he deems necessary and convenient for the purpose of carrying this Act into execution, and for conferring of the necessary power so to do. All such regulations shall be published in the Gazette, and upon publication shall have the same force and effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatever. Without limiting the generality of the foregoing provisions, regulations may be made for all or any of the- Schedule, purposes set forth in the Schedule to this Act. A regulation may impose a penalty for any breach thereof, and may also impose different penalties in cases of successive breaches, but no such penalty shall exceed fifty pounds.

TRAFFIC. 11505: 1925. Heavy Vehicles Act. A regulation may also impose a daily penalty for any breach thereof-that is to say, a penalty for each day on which the offence is continued after notice has been given to the offender of the commission of the offence or after a conviction or order by any court, as the case may be, but no such penalty shall exceed five pounds per day. A regulation may impose a minimum penalty for any breach thereof, which minimum the adjudicating court shall also have power to mitigate, but no such minimum penalty shall exceed five pounds. 9. (1.) Every notification made under this Act shallNotifica.. be published in the Gazette, imd shall be judicially tions. noticed. (2.) The Ministcrmay by another notification amend or rescind any notification made under this Act. (3.) No misnomer or inaccurate description or omission contained in any such notification shall in any wise prevent or abridge the operation of this Act with respect of the subject of such description, provided the same is designated so as to be understood. (4.) No notification purporting to be made under this Act and being within the powers conferred on the Minister shall be deemed to be invalid on account of non-compliance with any of the matters required by this Act as preliminary to the same. 10. (1.) Every person committing a breaeh of any Penalties. of the provisions of this Act shal1, if no other penalty is specified, be 1iable to a penalty not exceeding fifty pounds. (2.) All penalties incurred and fees payable under Recovery of this Act may be recovered in a summary wa.y by penalties complaint under *" The Justices Acts, 1886 to 1924." and fees. SCHEDULE. SUBJECT MATTER FOR REGULATIONS. 1. The classification of heavy vehicles to which this Act applies; prescribing conditions to which heavy vehicles must conform before registration, including amongst any other matters deemed desirable or convenient the construction of the vehicle, its weight, its maximum load or carrying capacity, its height, its length and overhang, the description of its wheels and its motor or Rnimal power; prohibition of registration of heavy vehicles which do not conform to the prescribed conditions. * .50 Vie. No. 17 and amending Acts, supra, pages 1132 and 11030.

11506 TRAFFIC. Heavy Vehicles Act. 16 GEO. V. No. 22, 1925. 2. Prescribing fees payable for the registration and renewal of registration of heavy vehicles, which fees may vary according to the class ef vehicle, weight of vehicle, weight of load, motor or animal power, type size and number of wheels, type of tyres, or according to all or any of these matters or according to any other matters deemed proper to be taken into consideration; fixing the places and times for the registration and renewal of registration; the payment of fees and procedure for the recovery thereof; authorising the seizure and the sale of any vehicle in respect of which any sHch fee has not been paid, notwithstanding any change in the ownership thereof. 3. Prescribing the maximum load or maximum number of passengers which may be carried on any registered vehicle, and prEs:)ribing penalties for exceeding the prescribed load or number. 4. The appointment of persons, whether officers of a Local Authority or of the Commissioner of Main Roads or members of the Police Force, or classes of persons or persons specially desig- nated in that behalf, to be authorised officers under and for all or any of the purposes of this Act; defining the powers, authorities, and duties of authorised officers; requiring owners and persons in charge of heavy vehicles, ,,,hether registered under this Act or not, to answer questions put by authorised officers and to furnish to authorised officers such information as they may require for the purposes of enabling them to perform their functions under this Act; requiring such owners and persons in charge to state, when so requested by an authorised officer, their names and places of address, and on demand to produce a certificate of registration of the registered heavy vehicle concerned. 5. Prescribing the displaying upon heavy vehicles of a distin- guishing sign, and the carriage upon such vehicle of the certificate of registration thereof or a true copy of sH:?h certificate, certified as correct under the hand of a Justice of the Peace. S. The revocation or snspension of certificates of registration for breaches of the provisions of this Act or after repeated breaches thereof. 7. Prescribing forms for the purposes of the Act; specifying the form in which acconnts of mOllC'YS expended by I.J{Jcal Autho- rities shall be furnished to the Minister, and by whom the same shall be vouched. . 8. The mode or proof of mntters required to he proved under and for the purposes' of this Act and for facilitating such proof; for the purpose of any proceedings under this Act, dispensing of y,ith proof any formal matters or of handwriting or of documents or of authority. 9. Generally for carrying the provisions of this Act into full force and effect.