Heavy Vehicles Acts Amendment Act of 1931 (22 Geo v No. 38) (Qld)

13954 TRAFFIC. Heavy Vehicles Acts Amendment Act. 22 GEO. V. No. 38, All such by-laws shall be published in the Government Gazette, and from and after the date of publication shall have the force of law and shall be deemed to have been incorporated in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Such by-laws may be varied for different road traffic facilities. Recoverv 33. Except where otherwise in this Act is expres~ly ogef npeernaalllyti. es provided, proceedings for the recovery of any penalty may be had and taken by complaint in a summary way under *"The .Justices Ar:ts, 1886 to 1929." 22 GEO. v. An Act to Amend "The Rea vy Veh~ cles Acts, 1925 No. 38. THE HEAVY t 0 1929'" In certal . n partl . Cu 1 ars. VEHICLES ACTS AMENDMENT [ASSENTED TO 24TH DEOEMBER, 1931.] ACT OF 1931. BE 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:- Short title. 1. This Act may be cited as "The Heavy Vehicles Acts Amendment Act of 1931," and shall be read as one with *"The Heavy Vehicles Acts, 1925 to 1929," herein referred to as the Principal Act. The Principal Act and this Act may collectively be referred to as "The Heavy Vehicles Acts, 1925 to 1931." Amendments of the Principal Act. Amendment 2. Section two of the Principal Act is amended as of s. 2. follows :_ Heavy vehicle. (a) The definition of "heavy vehicle" is repealed and the following definition is inserted in lieu thereof. namely:- " "Heavy vehicle" shall mean any vehicle whatsoever propelled or drawn by mechanical means used or let or intended to be used or * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et 8eg. (See Alphabetical Table of Acts.) * 16 Geo. V. No. 22 and 20 Geo. V. No. 13, 8upra, pages 11499 and 12792.

TRAFFIC. 13955 1931. IIeavy Vehicles Acts Amendment Act. let for the conveyance of passengers or of goods: the term also includes any animal- drawn vehicle the tare of which exceeds twenty-five hundredweight, and also any trailer, but does not include a traction engine or tractor, or tram or train;" (b) The definitions of "motor omnibus" and" motor truck" are respectively repealed. 3. Section three of the Principal Act is amended as Amendment follows :_ . of s. 3. (a) Subsection one is repealed and a new subsection one is inserted in lieu thereof, as follows :- "(1.) Unless otherwise exempted, this Act shall apply to all heavy vehicles used for the carriage of goods upon any traffic route or for the carriage of persons within any traffic district or upon any traffic route." (b) Subsection two is repealed and a new subsection two is inserted in lieu thereof, namely :- " (2.) This Act shall not apply to- (a) 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 (b) Any heavy vehicle owned, kept, and used by , any person solely for the carriage of fruit and vegetables of a highly perishable nature (as may be determined by the Minister from time to time by notification in the Gazette), milk, cream, fresh meat, fresh fish, and stone, road metal, gravel, earth, clay, or loam used for the construction or maintenance of any road in Queensland for the Crown or for any corporation representing the Crown, or for any Local Authority or other self- governing body, and any other material, commodity, or thing vvhich the Minister by notification in the Gazette from time to time declares to be exempt: Provided that the carriage of any goods other than those mentioned in this clause shall not be deemed to invalidate the exemption herein granted if such other goods are carried in accordance with paragraph (iv.) of clalJi; ; ~ (cL: or

13956 TRAFFIC. Heavy Vehicles Acts Amendment Act. 22 GEO. V. No. 38, (c) Any heavy vehicle ,,,hile such vehicle- (i.) Is returning direct from a journey on which it was exempt from the provisions of the Act under clause (b) of this subsection, and is not carrying goods for hire or reward or which are intended for sale, or passengers; or (ii.) In the opinion of the Minister is engaged solely in carrying passengers or goods not in competition with any existing facility; or (iii.) Is kept, let or used for the purpose of carrying goods which are for the use of the driver or the owner or for their neighbours and which are not intended for sale and for the carriage of which no consideration whatsoever is given or received; or (iv.) Is owned, kept, and used by any person for the carriage of goods other than those set out in clause (b) of this subsection to or from the nearest railway station with suitable loading facilities or to or from the nearest point with suitable loading facilities on a Local Authority tramway; or (v.) Being a motor vehicle equipped for the carriage of seven or less persons, is not used upon any traffic route or is only used casually, as may be prescribed, upon a traffic route for the carriage of persons for hire or reward or for any consideration whatsoever, or is used for family purposes only; (d) Any heavy vehicle while being used for the carriage of persons for family or charitable purposes or, with a written permit from the Registrar or from any person authorised by the Registrar in that behalf, for public purposes or purposes of a like nature: Provided that no such heavy vehicle is in any case used for hire or reward and that the use of any such heavy vehicle by a sporting body shall not be deemed to be a charitable or public purpose or a purpose of a like nature: For the purposes of this paragraph the term "public purpose or

1931. TRAFFIC. If eavy Vehicles Acts Amendment Act. 13957 purpose of a like nature" shall include such purposes as may from time to time be approved by the Registrar or as may be prescribed; (e) Any heavy vehicle while being used for the carriage of persons in any district within which there is no suitable train service nor the services of a registered heavy vehicle available! Provided that the owner and/or the driver satisfies the Registrar or an authorised person that there is no suitable train service nor the services of a registered heavy vehicle available. " (c) Subsection three is amended by omitting the words" provision (ii.) of subsection two" and inserting in lieu thereof the words" clauses (b) and (c) of subsection two." 4. Section five of the Principal Act is amended by Amendment repealing the words "motor omnibus" in subsection of s. 5. three thereof and by inserting in lieu thereof the words " heavy vehicle carrying passengers." 5. Section six of the Principal Act is amended as Amendment follows :_ of s. 6. (a) In the first paragraph the words "motor omnibus," where they twice occur, are repealed and the words" heavy vehicle carrying passengers" are inserted in lieu thereof; also the words "to the person" are repealed and the words" to passengers" are inserted in lieu thereof ; (b) The second paragraph is repealed and the following paragraph is inserted in lieu thereof, namely:- " The minimum amount of such insurance shall be fifty pounds for each passenger up to the prescribed number."