Motor Traffic Act 1936 (ACT)

Motor Traffic Act 1936    (repealed)

A1936-45

Republication No 10

Effective:  2 March 2000

Republication date: 2 November 2006

As repealed by A1999-79

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Motor Traffic Act 1936 (repealed) effective from 2 March 2000.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

MOTOR TRAFFIC act 1936

This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

Repealed by 1999 No 79 (in force 01/03/00)

CONTENTS

Part 1—Preliminary

1Short title    

2Repeal and saving    

4Interpretation           

4ANotes          

5Position of the Crown            

6Registrar of Motor Vehicles    

6ADeputy Registrars of Motor Vehicles    

6BInspectors   

6CMedical testing officers          

6DMotor traffic officers

6EVehicle Inspection Manual    

6FAmendment of Manual          

6GCopies of Manual and instruments of variation  

6HEvidence of Manual 

6JInterpretation of Manual       

6KInspection of Manual

Part 1A—driving licences

7Classes of licences    

7ALearner licences and learner licence receipts      

7BProvisional licences and endorsements

8Full licences

8AAGrant of probationary licences

8AGrant of full or provisional licence to former probationary licensee            

8BConditions on licences           

9Refusal of licences to certain persons    

1. Medical examination of applicants for and persons holding driver’s
   licences       

2. Driver wearing corrective lenses          

11ASpecial probationary driving licence     

11BSpecial probationary driving licence—evidence of application
inadmissible

11CSpecial probationary driving licence—grant       

11DSpecial probationary driving licence—contravention of conditions

1. Fees for registration, licences, examinations and inspections        

12AA          Road rescue fee       

12ACancellation of licence of holder of corresponding licence            

1. Driving licence to be signed    

13AInterpretation           

13BAccreditation           

13CFurther information  

13DCertificate of accreditation     

13EDuration of accreditation       

13FProduction of certificate         

13GDisplay of certificate of accreditation   

13HSuspension or cancellation of accreditation       

13JFurther suspension or cancellation       

13KDisqualification       

13MReturn of certificate of accreditation    

13NFurther training        

13PUse of vehicle for instruction  

13QInsurance    

13RLearner driver log books       

13SCompletion of learner driver log books

13THolding out

13UCode of practice       

13VNotification and commencement of code           

13WPublic access to code

13XTerritory not liable    

13YApproval of training courses   

part 2—registration of motor vehicles

1. Registration of motor vehicles and trailers         

14ADesign rules

15AManner of determining GCM or GVM of vehicles           

1. Certificate of registration       

17ADesign of number-plates       

17BIssue of number-plates upon registration           

1. Affixing number-plates          

2. Replacement of number-plates

3. Loss, theft or destruction of number-plates        

20AReturn of surplus number-plate for motor cycle  

1. Use of number-plates restricted           

2. Sale or disposal of vehicle      

3. Transferring of number-plates to vehicle of the same class           

4. Sale of motor vehicle on behalf of other persons

5. Alteration in description of motor vehicle or trailer          

6. Registration of altered motor vehicle or trailer    

Part 2Aa—inspection of motor vehicles and
trailers for registration

Division 1—Preliminary

26AA          Interpretation           

26AB          Issue of identity cards to inspectors      

26AC          Register of authorised examiners         

Division 2—Appointment of authorised examiners

26AD          Appointment of authorised examiners  

26AECertificates of appointment    

26AFRevocation of appointment of authorised examiner         

Division 3—Approval of authorised premises

26AG          Approval of authorised premises          

26AH          Certificates of approval         

26AJInspection of premises prior to approval           

26AK          Cancellation of approval of premises    

26ALCessation of approval

Division 4—Inspections and tests of motor vehicles and trailers

26AM          Motor vehicles and trailers to be inspected on request      

26AN          Duties of authorised examiners when carrying out inspections       

26APCertificates of inspection       

26AQ          Persons by whom inspections may be carried out            

26AR          Fees payable by proprietors    

26ASFees payable on inspection     

26ATOffences     

Division 5—General duties of authorised examiners and proprietors
of authorised premises

26AU          Design rules to be kept at authorised premises    

26AV          Certificate of approval to be exhibited at authorised premises       

26AW          Renewal of authorities           

26AX          Notice to be displayed at authorised premises    

26AY          Proprietor of authorised premises to give notice on ceasing to be
proprietor    

26AZChange of name of proprietor of authorised premises to be notified            

26AZA         Change of address of authorised examiner to be notified  

Division 6—Review of decisions

26AZB         Review of decisions of authorised examiner      

Division 7—Miscellaneous

26AZC         Inspections 

26AZD         Issue of copies of certificates  

26AZE         Fees for inspections  

26AZF         Manner of giving notices       

26AZG         Evidence    

Part 2A—Reservation of Registration Numbers

26AInterpretation           

26BApplication for reservation of registration number          

26CReservation of registration number      

26DIssue of number-plates           

26EExtension of period of reservation       

26FManner of giving notice         

26GOther provisions not affected 

Part 2B—Special Registration Numbers

26HInterpretation           

26JApplications

26KNature of rights        

26LRights sold by Territory          

26MRights granted in respect of certain numbers      

26NDuration of reserved rights     

26QAssignment of rights 

26RExercise of rights      

26SHire of special number-plates 

Part 3—Public Motor Vehicles, Private Hire Cars
and restricted hire vehicles

26TInterpretation           

1. Taxi and motor omnibus licences         

27ARights to be granted licences   

27BLimitation on number of taxi licences   

27CAssignment of rights 

27DRestricted taxi licences           

27ELimitation on number of restricted taxi licences 

27FVariation on application—restricted taxi licences            

27GVariation by Registrar—restricted taxi licences  

27HDisplay of restricted taxi licence etc     

1. Licences for private hire cars  

28ARestricted hire vehicles          

28BVariation on application—restricted hire vehicle licences 

28CVariation by Registrar—restricted hire vehicle licences    

28DRestricted hire vehicles treated as private hire cars          

28EDisplay of restricted hire vehicle licence etc      

1. Licences for the carriage of visitors to the Territory         

2. Suspension or cancellation of certain licences    

3. Certain persons to have use, control and management of vehicles  

31ANumber of passengers           

1. Fire extinguisher to be carried

2. Licence to conduct motor omnibus service        

3. Visiting motor omnibus licence           

4. Disinfection of vehicles          

5. Taxi fares

6. Motor omnibus fares

7. Dangerous or offensive articles           

Part 4—Traders

1. Trader’s licences and trader’s plates    

2. Vehicles on which trader’s plates may be used   

3. Use of trader’s plates

4. Sale etc of business and transfer of plates          

5. Revocation etc of right to use trader’s plates      

6. Return of trader’s plates         

7. Affixing trader’s plates          

8. Record of use of trader’s plate

9. Traders to furnish particulars as to sales etc       

Part 5—Insurance

1. Interpretation           

2. Application of Part to Territory and Commonwealth motor vehicles           

3. Use of motor vehicle without third-party insurance         

4. Registration etc without evidence of third-party insurance

5. Issue of Certificate and Third-party Policy         

6. Policies of insurance 

7. Actions for damages in case of death or bodily injury      

8. Trader’s policy to apply         

9. Cancellation of third-party policy        

10. Appeal against refusal to issue or against cancellation of policy    

11. Authorised insurers   

12. Holding out as authorised insurer         

13. Recovery of money from insurers        

14. Recovery by insurer from owner          

15. Recovery by insurer from driver           

16. Limitation of amount recoverable       

17. Effect of payment by authorised insurer

18. Presumption of agency           

19. Right of authorised insurers against unauthorised drivers 

20. Authorised insurer may take over proceedings etc           

21. No contracting out of Act       

22. Notice of accidents   

23. Change of ownership of motor vehicle  

24. Change of ownership of trader’s business          

25. Information to be supplied by insurers  

26. Emergency treatment

27. Hospital treatment    

28. Surgical and medical treatment           

29. Apportionment of cost of medical and surgical treatment

30. Reduction of liability

31. Nominal defendant standing for authorised insurer          

32. Payment by authorised insurer

33. Actions for damage to be tried without a jury    

34. Disqualification of person holding driving licence           

35. Insurance of public motor vehicles etc  

36. Nominal defendant   

37. Claims in respect of uninsured and unidentified motor vehicles     

38. Payment by nominal defendant           

39. Recovery from owner or driver            

40. Maximum rates of premiums may be prescribed 

41. Use of motor vehicle where appropriate insurance premium not paid          

42. Production of evidence of insurance policy        

90AEvidence of insurance           

1. Court to apportion damages    

2. Conviction not to affect civil remedy    

3. Exemptions relating to insurance         

Part 6—General provisions relating to
motor vehicles

1. Application for registration or licence   

2. Registration by joint owners and companies      

3. Change of name or address    

4. Lost certificate         

5. Production of certificates and licences  

6. Return of certificates after cancellation or suspension      

7. Defaced licence etc   

8. Fee paid by dishonoured cheque          

9. Refusal, cancellation or suspension of licences or registration       

10. Duration of registrations and licences   

11. Visiting motor drivers            

107AResidents with interstate licences         

107BVehicles registered inter-State

1. Driver of Defence Force vehicle           

Part 6A—defect notices

108AInterpretation           

108BDefect notices          

108CVehicles in dangerous condition          

108DService of notice       

108EPowers of Registrar, inspectors and authorised examiners

108FDefect labels            

108GOffences     

Part 7—traffic signs and road markings

109AInterpretation           

1. Traffic signs and road markings           

2. Traffic islands          

3. Signs etc deemed to be lawfully erected

4. Damage, removal etc of traffic signs etc           

Part 7A—traffic lights

112AA         Interpretation           

112ADriving a motor vehicle at traffic lights 

112BMeanings indicated by traffic lights      

112BA         Defences                 

112CLeft turn at intersection controlled by traffic lights           

112DDangerous turns at intersections           

112FCertain lines not to constitute road markings      

112GWhen traffic lanes deemed to be separate public streets    

112HIntersections or junctions of dual carriageway public streets          

112JRules in this Part not to apply when directions are given by police 

Part 8—rules of the road

112KInterpretation           

1. Vehicles to keep left etc         

2. One way traffic carriageways 

3. Vehicles to be driven in traffic lanes    

115ADeclaration of reserved carriageways   

115BCertain vehicles not to be driven upon reserved carriageways       

115CPublic transport routes           

1. Unbroken lines marked on carriageway

2. Passing on-coming traffic       

3. Overtaking  

4. Motorists not to race, attempt speed records etc.

119AA         Burnouts of motor vehicles     

119AMotor vehicle not to be driven while part of person’s body
protrudes from vehicle           

1. Left hand turns        

2. Right hand turns       

3. Give way rule at intersection   

122AGive way rule to be observed at uncontrolled junctions    

1. Application of sections 121, 122 and 122A       

123ASlip lane traffic to give way    

1. Give way signs         

124AGive way rule to be observed at roundabouts    

124BMotorists to give way to local services motor omnibuses 

1. Motorist to make way for fire engine, ambulance or police car      

2. Pedestrian crossing    

3. School crossing        

4. Stop signs    

128ATraffic signs—NO RIGHT TURN; NO LEFT TURN; NO TURNS            

128BTraffic sign—NO U TURN    

128CTraffic sign—NO OVERTAKING OR PASSING           

128DTraffic sign—NO OVERTAKING ON BRIDGE

128ETraffic signs for traffic in traffic lanes  

128FRoad markings on surface of traffic lanes          

128GTraffic signs—NO ENTRY; NO EXIT 

1. Dangerous etc driving            

2. Careless or inconsiderate driving          

3. Driver to be in control of motor vehicle

4. Limitation on travelling backwards      

5. Bridge load limit signs           

133ALoad limits in public streets    

133BRoad tunnels—vehicles carrying explosives       

1. Motorist not to obstruct the free passage of any person etc           

2. Precautions against driving motor vehicles without the owner’s
   consent       

3. Warnings and signals by drivers           

4. Extension of offences to acts etc in relation to animals being ridden
   or led          

5. Obedience to directions by police etc    

part 8a—Enforcement of sections 119
and 119AA

139IMeaning of impounded motor vehicle in pt 8A   

139JDisqualification of licence      

139KSeizure by police      

139LPowers of Court to impound or forfeit vehicles   

139M          Impounding of motor vehicles

139NNotice of impounding or forfeiture       

139PRelease of vehicles—chief police officer           

139QRelease of vehicles—Court    

139RIndemnity from personal liability for honest and good faith carrying
out of duties

Part 9—Speed Limits

1. Interpretation           

2. Speed limits within a public place       

3. Motorist not to exceed maximum speed applicable         

4. Maximum speed applicable to public streets       

5. Speeds regulated by signs       

6. School zones           

147ADriving at dangerous speeds   

147ETesting of speedometers        

Part 10—rules relating to parking

Division 1—Interpretation

1. Interpretation           

Division 2—Certified vehicles

149ACertified vehicles—application for certificate    

149BCertified vehicles—grant or refusal of certificate

149CCertified vehicles—variation of certificate        

149DCertified vehicles—surrender of certificate       

149ECertified vehicles—cancellation of certificate    

149FCertified vehicles—period of certificate            

1. Certified vehicles—labels       

Division 3—Labels

150ALabels for Class B classes of motor vehicles      

150BApplication for approved label

150CCancellation etc of approved label       

150DReplacement of approved label           

150EGeneral offences relating to approved labels      

Division 4—Parking of heavy vehicles

150FInterpretation           

150GParking of specific vehicles and trailers on residential land           

150HParking of heavy vehicles on land adjoining residential land         

150JParking of commercial vehicles on leases comprising multi-unit developments        

150KDaily infringement    

150LControlled activity    

150M          Codes of practice      

150NDisallowance           

150PPublication  

150QApplication for existing operator’s certificate    

150RIssue of existing operator’s certificate   

150SApplication for exemption     

150TGrant of exemption   

150UTerm of exemption   

150VEndorsement of certificates    

150W          Form of existing operator’s certificate  

150XVariation of conditions of exemptions  

150YFurther information  

150ZIssue of copy of existing operator’s certificate    

150ZA         Cancellation of existing operator’s certificate or revocation of
exemptions 

150ZB         Notice to show cause before cancellation of existing operator’s
certificate    

150ZC         Inspections etc         

150ZD         Consent to entry       

150ZE          Display of identity cards        

150ZF          Powers of inspection 

150ZG         Search warrants       

150ZH         Warrants by telephone or other electronic means

Division 5—Offences

1. Stopping etc adjacent to boundary       

2. Parking etc in public streets regulated by traffic signs      

3. Bus stops    

4. Taxis, restricted taxis, private hire cars and restricted hire vehicles

5. Parking in public places         

6. Off-street parking and loading zones—further regulation 

7. Parking in loading zones        

8. Other parking offences          

Division 6—Parking infringements

1. Parking infringements—liability           

2. Liability      

3. Evidence of registration of motor vehicle           

4. Parking infringement notices  

162AFinal notice—non-payment of penalty 

162BDischarge of liability 

162CDisputing liability under parking infringement notice or final notice           

162DDisputed notices—application to Court for declaration    

162ESuspension of licences, registration etc

162EA         Effect of suspension  

162EB          Transfer of registration while suspended           

162FRevocation of suspension       

162GStatutory declarations—general           

162HReinstatement of licences, registration etc         

162JBodies corporate—recovery of penalties etc      

162KCosts of applications to Court 

162LEvidentiary provision—general           

162M          Applications—how made       

1. Bar to criminal proceedings    

Division 7—Voucher machines and parking meters

163AMulti-bay parking meter—display of word “expired”      

163BAuthorisation of voucher machines and parking meters    

163BA         Multi-bay parking meters       

163CParking fees

163DOnly 1 vehicle to be parked on designated parking place 

163EPurchase and display of vouchers        

163FExpired parking meter           

163GInterference with displayed parking vouchers    

163HAbuse of parking meters and voucher machines 

163JUnauthorised installation of or interference with parking meters
and voucher machines etc       

163KUnauthorised removal of parking meters etc      

163LEvidence of authorised installation of parking meters and
voucher machines    

163LA         Presumption regarding parking meter hoods      

163M          Covering of parking meters    

163MA        Unauthorised removal of parking meter covers   

163MB        Authorised removal of parking meter hoods       

Division 8—Miscellaneous

163NSuspension of operation of certain sections       

1. Circumstances in which certain provisions not contravened          

part 10a—seat belts AND CHILD RESTRAINTS

164AInterpretation           

164BWearing of seat belt by driver of prescribed vehicle        

164CWearing of seat belts by passengers in prescribed vehicles            

164DChildren and young persons    

164DA         Suitability of child restraints and seat belts        

164DB         Exceptions for the purposes of section 164D      

164EDefences    

164FOffence against this Part not to affect damages in respect of death of,
or injury to, child      

Part 11—Offences

164FA          Definitions for Pt XI 

164GSale, purchase or use of radar detectors and jammers      

164HDefences to prosecution         

164ISurrender of device   

164JForfeiture of device   

1. Vehicles to be registered        

2. Driving motor vehicle differing from description in certificate      

3. Owner to require driver to produce licence        

4. Unauthorised use of motor vehicles as taxis etc  

5. Unauthorised use of farm vehicles       

6. Motor vehicles and trailers to bear number-plates           

7. Number-plates not to be covered         

171AUnauthorised use of “L” and “P” plates

1. Licence and learner licence receipt to be produced on demand      

2. Driver to stop vehicle when required by an inspector or a member
   of Police Force         

3. Driver or owner of vehicle to furnish information when required    

4. Driver to be licensed etc        

5. Obtaining licence or certificate etc by misrepresentation  

6. Driver to stop in case of accident         

7. Hiring car by fraud   

8. Production of licence in court 

Part 11A—INFRINGEMENT NOTICES for
certain offences

Division 1—Interpretation

180ADefinitions for Pt 11A           

Division 2—Service of documents under this Part generally

180BService of documents

Division 3—Infringement and reminder notices

180CPurpose and effect of Division

180DService of infringement notices generally           

180EService of infringement notices on vehicle owners           

180FContents of infringement notices         

180GAdditional information in infringement notices  

180HTime for payment of infringement notice penalty           

180IExtension of time to pay penalty         

180JLiability for infringement notice offences involving vehicles        

180KIllegal user declarations         

180LKnown user declarations       

180M          Sold vehicle declarations       

180MA        Unknown user declarations    

180MB        Obligation to provide declarations for camera-detected offences   

180MC        Offence for falsely naming a person as the driver            

180MD        Effect of payment of infringement notice penalty           

180ME        Application for withdrawal of infringement notice          

180MF         Withdrawal of infringement notice       

180MG        Reminder notices      

180MH        Contents of reminder notices  

180MI         Additional information in reminder notices       

Division 4—Enforcement procedures

180MJ         Suspension for nonpayment of infringement notice penalties        

180MK        Effect of suspension  

180ML        Transfer of registration while suspended           

180MM       Revocation of suspension       

180MN        Revocation of suspension on court order           

180MO        Effect of revocation of suspension on court order            

180MP         Failure to revoke suspension on court order       

Division 5—Disputing liability

180MQ        Disputing liability for an infringement notice offence      

180MR        Extension of time to dispute liability    

180MS         Procedure if liability disputed 

Division 6—Miscellaneous

180MT        Power of delegation  

180MU        Declarations by corporations  

180MV        Evidentiary certificates          

180MW       Costs of application for declaration      

PART 11B—DEMERIT POINTS AND PROBATIONARY
LICENCES

180NA         Interpretation           

180NB         Demerit points         

180PRecording of demerit points    

180QInterstate licensees who obtain licences

180RTransfer of recordings on grant of new licence    

180SProvision of information to interstate Registrars 

180TWarning notice        

180USuspension or cancellation of full licence           

180VProbationary licences

180W          Cancellation of probationary licences   

180WA        Effect of cancellation of probationary licence    

180XSuspension of provisional licences       

180YSuspension of learner licences

180ZCancellation of special licences           

180ZA         Suspension of provisional endorsements           

180ZB          Demerit suspension of licence already suspended           

Part 11C—Traffic offence detection devices

180ZD         Definitions for Pt 11C           

180ZE          What is a camera detection device?      

180ZF          Regulations about traffic offence detection devices         

180ZG         Evidentiary certificates etc     

180ZH         Interfering with traffic offence detection devices

180ZI          Inspection and copies of images produced by traffic offence detection devices         

180ZJ          Notice of intention to challenge certain issues    

180ZK         Expiry of Pt 11C      

Part 12—Equipment and Loads

1. Vehicles to comply with Part 1 of Schedule 2    

2. Carriage of lamps and lights    

3. Positioning of reflectors         

4. Position of light        

5. Parking lights           

6. Towing of vehicles    

186ARiding in trailers prohibited    

1. Noise and smoke      

2. Discharge of sparks, live coals etc from vehicle fitted with gas
   producer     

3. Offences relating to equipment etc of motor vehicles       

4. Width of motor vehicles         

190AMotorcyclists to wear safety helmets    

1. Pillion riding            

Part 13—Penalties

Division 1—Right to drive after conviction

191AInterpretation           

191BCulpable driving       

191CDangerous driving etc           

191DNegligent driving and other offences    

191ETiming of licence cancellation and disqualification         

191FDisqualification subject to grant of special licence           

191GMultiple disqualifications—cumulative or concurrent      

191HContravening special licence conditions            

191JDisqualification etc—further special licence      

191KExtraordinary disqualification by court

191LAdditional powers of court     

191M          Notice to Registrar    

191NQuashing of conviction          

Division 1A—Fine defaulters

191NA         Suspension of driving licence, registration etc.   

191NB         Duration of suspension of driving licence, registration etc

191NC         Revocation of suspension of driving licence, registration etc.        

191ND         Revocation of suspension on transfer of registration        

191NE         Renewal etc of driving licence or registration—prohibited            

191NF          Suspension to be concurrent   

Division 2—Ancillary

191PDriving etc while suspended or disqualified       

191QReturn of suspended or cancelled driving licence

191RNo refund of driving licence fee           

1. General offences      

Part 14—Miscellaneous

1. Record of registration and licences to be kept    

2. Judicial notice of Registrar’s and Deputy Registrar’s signature      

3. Laying of information           

4. Liability at common law and by statute

5. Evidence of registration          

6. Evidence of ownership of vehicles       

7. Weight of vehicles    

8. Recovery of fees unpaid        

9. Powers and duties of police, inspectors and officers        

10. Name and address to be given 

11. Production of motor vehicles and trailers           

12. Inspection of motor vehicles and trailers           

13. Service of notices     

14. Offence due to accident         

15. Names on trucks and omnibuses          

16. Remission or refund of fees    

17. Motor tractor           

18. Exemption of special vehicles 

19. Exemption of certain vehicles and drivers          

212AExemption for postal vehicles 

1. Licences for the carriage of workers     

2. Carriage of passengers on licenced goods vehicles           

3. Licence to ply for hire for the carriage of goods 

4. Temporary licences   

216ASurrender of licence or other thing       

1. Permits—sections 119 and 119AA       

217APower of Minister to determine fees and amounts           

217BFees payable           

217CNotice of decision     

217DReview by Administrative Appeals Tribunal      

1. Regulations 

Part 15—transitional provisions about
traffic infringement notices

1. Definitions for Pt 15 

2. Existing traffic infringement notices    

3. Effect of existing traffic infringement notices    

4. Existing final notices

5. Existing notices disputing liability under traffic infringement notices          

6. Suspension in force under Part XIA of the unamended Act           

7. Revocation of suspension on court order etc      

8. Application to court for failure to revoke suspension on court order           

9. Evidence    

10. Modification of Part’s operation          

11. Expiry of Part           

    SCHEDULE 2    

    SCHEDULE 3    

    SCHEDULE 4    

    SCHEDULE 5    

    SCHEDULE 7    

MOTOR TRAFFIC act 1936

An Act relating to Motor Vehicles and Motor Traffic

Part 1—Preliminary

1. Short title

This Act may be cited as the Motor Traffic Act 1936.

1. Repeal and saving

1. The Motor Traffic Ordinance 1932, the Motor Traffic Ordinance 1933 and the Motor Traffic Ordinance 1935 are repealed.

2. All regulations and notifications made or published under any repealed Ordinance, which are in force immediately prior to the commencement of this Act, shall, except so far as they are inconsistent with this Act, be deemed to have been made or published under this Act, and any references in any such regulations or notifications to any enactments repealed by this Act shall be construed as references to the corresponding provisions of this Act.

1. Interpretation

1. In this Act, unless the contrary intention appears—

   approved means approved by the Registrar.

   articulated motor omnibus means a motor omnibus that consists of 2 or more rigid sections coupled together so that—

   (a)there is rotary movement between them; and

   (b)passengers may move freely from one to another.

   articulated vehicle means a vehicle that consists of a motor vehicle and a semi-trailer that has been coupled to it.

   Australian Standard 2898.1-2 means Australian Standard “2898.1-2—1986”, as in existence from time to time.

   Australian Standard E35, Part 1—1970 means the standard published by the Standards Association of Australia under the number “E35, Part 1—1970”, being that standard as amended before 1 January 1978.

   Australian Standard E35, Part 2—1970 means the standard published by the Standards Association of Australia under the number “E35, Part 2—1970”, being that standard as amended before 1 January 1978.

   axle means a part of a vehicle consisting of 1 or more shafts, spindles or bearings in the same transverse vertical plane by means of which, in conjunction with the wheels mounted on the shafts, spindles or bearings, the whole or part of the mass of the vehicle and its load may be carried.

   axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad axle group.

   B-double means a combination consisting of prime mover towing 2 semi-trailers.

   burnout means—

   (a)in relation to a motor vehicle other than a motor cycle—operate the vehicle in a way that causes the vehicle to undergo sustained loss of traction by 1 or more of the driving wheels; or

   (b)in relation to a motor cycle—operate the motor cycle in a way that causes the motor cycle to undergo sustained loss of traction by the driving wheel.

   camper unit means a unit that—

   (a)is designed—

   (i)to be used as a means of temporary accommodation; and

   (ii)to be attached to a motor vehicle; and

   (b)is not equipped with wheels.

   carriageway, in relation to a public street, includes the gutter, if any, of the public street.

   certificate of competency means a certificate referred to in paragraph 13R (b).

   certificate of registration means a certificate of registration granted under this Act in respect of a motor vehicle or trailer.

   chief police office means the police officer who is responsible to the Commissioner of Police for the day-to-day administration and control of police services in the Territory.

   combination means a combination consisting of a motor vehicle connected to 1 or more trailers.

   Commonwealth authority means a body, whether incorporated or not, established by or under a Commonwealth Act.

   corresponding licence means a licence or an authorisation to drive a motor vehicle issued by a State or another Territory or in another country.

   Court means the Magistrates Court.

   Deputy Registrar means a Deputy Registrar of Motor Vehicles under section 6A.

   determined fee means the fee determined by the Minister under section 217A for the purposes of the provision in which the expression occurs.

   dipped, in relation to the light from the headlamps of a motor vehicle, or the headlamp of a motor vehicle that has 1 headlamp, means projected downwards to such an extent that the centre of the main beam of the light, at a distance of 7.50 metres directly in front of the motor vehicle, is—

   (a)directly ahead or to the left of the motor vehicle; and

   (b)lower than the level of the centre of the headlamps or headlamp in a plane that is parallel to the plane of the surface on which the motor vehicle is standing.

   dipping device means a device by means of which the light from the headlamps of a motor vehicle, or the headlamp of a motor vehicle that has 1 headlamp, can be dipped by the driver of the motor vehicle whilst retaining his or her normal driving position.

   dolly means a trailer with 1 axle group, or 1 axle not being part of an axle group, designed to convert a semi-trailer into a dog trailer.

   driver means any person driving a motor vehicle and includes any person riding a motor cycle, and drive includes ride.

   driving licence means a licence to drive a motor vehicle under this Act.

   equipment truck means a motor vehicle constructed to be used principally for the purpose of conveying machinery that is permanently affixed to the motor vehicle to a working site and, while at the working site, of providing a platform and power supply for the operation of the machinery.

   farmer means a person who, whether as owner, purchaser under agreement for sale or purchase, lessee or sharefarmer, is engaged for profit in farming, agricultural, horticultural or grazing operations in the Territory.

   former owner, in relation to a motor vehicle which is sold or disposed of, means the owner who sold or disposed of the vehicle.

   full licence means a full licence granted under section 8 or paragraph 8A (1) (b).

   GCM, in relation to a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may be towed by it at 1 time—

   (a)that, subject to subsection 15A (1) of the Motor Traffic Act, is specified by the manufacturer of the motor vehicle or the Registrar, as the case may be; or

   (b)if the vehicle is registered in a State or another Territory and the registration authority of that State or other Territory has specified the sum—that is specified by that authority.

   gross combination mass, in relation to a vehicle comprising a motor vehicle and a trailer or semi-trailer that is coupled to the motor vehicle, means the aggregate of—

   (a)the gross mass of the motor vehicle; and

   (b)the gross mass of the trailer or semi-trailer.

   gross mass, in relation to a vehicle, means the aggregate of—

   (a)the mass of the vehicle;

   (b)the mass of any equipment being carried by the vehicle; and

   (c)the mass of any load being carried by the vehicle.

   GVM, in relation to a vehicle, means the maximum loaded mass of the vehicle—

   (a)that, subject to subsection 15A (2) of the Motor Traffic Act, is specified by the manufacturer of the vehicle or the Registrar, as the case may be; or

   (b)if the vehicle is registered in a State or another Territory and the registration authority of that State or other Territory has specified the mass—that is specified by that authority.

   headlamp means a lamp on the front of a motor vehicle that, when lighted, shows a bright white light of sufficient power to illuminate clearly on a dark night with a clear atmosphere a person in dark clothing at a distance of not less than 25 metres directly in front of the motor vehicle.

   heavy articulated vehicle means an articulated vehicle that has—

   (a)a GCM that exceeds 24 tonnes; or

   (b)more than 3 axles.

   heavy trailer combination means a motor vehicle the GVM of which exceeds 4.5 tonnes to which there is attached 1 trailer—

   (a)the GVM of which exceeds 5 tonnes; or

   (b)if the trailer is exempt from the requirement that its GVM be stated—the tare of which exceeds 2 tonnes.

   historic vehicle means a motor vehicle, other than a veteran vehicle or a vintage vehicle, manufactured not less than 30 years before—

   (a)the day on which it was last registered; or

   (b)if it is unregistered and is to be registered—the date of registration.

   identity card means an identity card issued by the Registrar.

   inspector means an inspector under section 6B.

   inter-state Registrar means a person who, under the law of a State or another Territory, has functions that correspond to the functions of the Registrar.

   laden weight, in relation to a motor vehicle, means the sum of the weight of the motor vehicle and the weight of the load, if any, on the motor vehicle.

   learner means the holder of a learner licence or learner licence receipt when driving a vehicle of a class to which the licence or receipt relates.

   learner driver log book means a learner driver log book referred to in section 13R.

   learner licence means a learner licence granted under section 7A.

   learner licence receipt means a learner licence receipt granted under section 7A.

   licence means a licence under this Act.

   licensed means licensed under this Act.

   licensee means the holder of a licence.

   light motor omnibus means a motor omnibus that—

   (a)has a GVM that does not exceed 15 tonnes; and

   (b)is capable of seating more than 30 adults.

   light truck means a rigid truck that has—

   (a)a GVM that does not exceed 15 tonnes; or

   (b)not more than 2 axles.

   light vehicle means a motor vehicle, other than a motor cycle, that—

   (a)has a GVM that does not exceed 4.5 tonnes; and

   (b)is capable of seating not more than 12 adults;

   and includes a motor tractor and a motor implement.

   loading area means—

   (a)any part of the area of land bounded by the public streets known as Petrie Street, Alinga Street, East Row and London Circuit;

   (b)any part of the area of land bounded by the public streets known as Petrie Street, Bunda Street, Garema Place and Alinga Street;

   (c)any part of the area of land bounded by the public streets known as East Row, Alinga Street, Northbourne Avenue and London Circuit; or

   (d)any part of the area of land bounded by the public streets known as Northbourne Avenue, Alinga Street, West Row and London Circuit;

   not being the entrances or exits to such an area, an area forming part of those public streets or an area on which a building is erected.

   local services motor omnibus means a motor omnibus that is engaged in the provision of a motor omnibus service—

   (a)under the Motor Omnibus Services Act 1955; or

   (b)in accordance with a motor omnibus service licence that is expressed to be in respect of a local omnibus service.

   Manual means the Vehicle Inspection Manual prepared and published under section 6E, as in force from time to time.

   marked footcrossing has the same meaning as in section 26 of the Traffic Act 1937.

   medical testing officer means a medical testing officer under section 6C.

   motor car means any motor vehicle constructed to be used principally for the carriage of persons, but does not include a motor cycle.

   motor cycle means a motor vehicle which has less than 4 wheels and is steered by means of handle bars.

   motor implement means a motor vehicle constructed to be used principally to execute agricultural, road construction, grass cutting or other work by means of machinery or fittings that form an integral part of the vehicle, but does not include a motor tractor or an equipment truck.

   motor omnibus means any motor vehicle fitted, or equipped, or constructed, so as to seat more than 6 adult persons, and in respect of which payment is received for the conveyance of any passengers along a public street and includes any vehicle declared by the Minister, by notice in the Gazette, to be a motor omnibus.

   motor omnibus licence means a licence granted by the Registrar to use a motor vehicle as a motor omnibus.

   motor tractor means any motor vehicle constructed principally for the purpose of supplying motive power for machinery, or of hauling any vehicle.

   motor traffic officer means a motor traffic officer under section 6D.

   motor vehicle means a vehicle that uses or is designed to use volatile spirit, steam, gas, oil, electricity or any other power (not being human or animal power) as the principal means of propulsion.

   new owner, in relation to a motor vehicle which is sold or disposed of, means the person to whom the vehicle is sold or disposed of.

   offence of culpable driving, in relation to a person, means an offence against section 29 of the Crimes Act 1900 or any other offence against that Act where the death of or bodily harm to another person being caused by or arising from the driving of a motor vehicle by that first-mentioned person was a fact necessary to constitute that offence.

   off-street parking area means an area of land available for use by the public, whether with or without the payment of money, for the parking of motor vehicles, and includes—

   (a)the entrances to, the exits from and the passageways in such an area; and

   (b)the area of land that is situated between the entrances to and the exits from such an area and a public street and that is used for access to the area.

   one way traffic carriageway means a carriageway or separate portion of a carriageway in respect of which traffic signs bearing an arrow and the words “One Way” area erected or displayed.

   overtake, in relation to a motor vehicle, means overtake another vehicle that is travelling in the same direction as the motor vehicle in a public street, and includes the action of passing such an overtaken vehicle, and overtaking has a corresponding meaning.

   owner, in relation to a motor vehicle means—

   (a)in the case of a motor vehicle that is registered under this Act— each person whose name is specified in the certificate of registration as an owner of the motor vehicle;

   (b)in the case of a visiting motor vehicle—each person whose name is specified as an owner of the vehicle in the registration records kept under the law of the Commonwealth, State or another Territory under which the vehicle is registered;

   (c)in the case of a motor vehicle to which trader’s plates are affixed—the trader to whom the trader’s licence in relation to those plates has been granted under this Act;

   (d)in the case of a motor vehicle or visiting motor vehicle an owner of which has died—the legal personal representative of the deceased owner whilst he or she is acting as the legal personal representative;

   (e)in the case of a visiting motor omnibus—the person to whom a licence to use the visiting motor omnibus as a motor omnibus in the Territory has been granted; and

   (f)in the case of an unregistered motor vehicle—a person who, solely or jointly with any other person, is entitled to immediate possession of it.

   park, in relation to a motor vehicle or trailer, means cause or permit the motor vehicle or trailer to remain standing, and “parked” and “parking” have corresponding meanings.

   passenger car derivative means a motor vehicle, other than a motor car, of which the front part of the body and the greater part of the mechanical equipment are the same as those of a factory produced motor car of the same make as the motor vehicle, and includes motor vehicles of a kind known as a panel van or coupé utility.

   pedestrian includes a person—

   (a)in a perambulator or similar carriage;

   (b)in a device designed for use as a toy; or

   (c)in a wheelchair.

   pedestrian crossing means a portion of a public street—

   (a)defined by road markings marked laterally across or partly across the carriageway comprising a series of white stripes alternating with areas of the surface of the carriageway with each stripe lying longitudinally to the public street; and

   (b)indicated by a traffic sign in accordance with sign No. R3-1A, R3-1B or R3-1C in Australian Standard 1742.10 as amended from time to time;

   and includes the areas of the surface of the carriageway lying between those white stripes.

   prime mover means a motor vehicle built to tow a semi-trailer.

   private hire car means a motor vehicle (other than a taxi, motor omnibus or restricted hire vehicle) which—

   (a)does not ply for hire in a public street for the conveyance of passengers; and

   (b)is used, or is intended to be used, for the conveyance of passengers under a contract which gives the hirer the exclusive use of the vehicle.

   private hire car licence means a licence granted by the Registrar to use a motor car as a private hire car.

   probationary licence means a probationary licence granted under section 180V and does not include a special probationary licence granted under section 11C.

   producer gas means gas which is produced by the incomplete combustion of solid fuel and whose active constituent is chiefly carbon monoxide, but does not include gas produced at a fixed station and distributed through mains for consumption at a distance from the place of production.

   prohibited substance, in relation to the burnout of a motor vehicle, means—

   (a)petrol, oil, diesel fuel or any other flammable liquid; or

   (b)any other substance that increases the risk of death, injury or damage to property (including damage to the surface of any road or to any prescribed traffic control device) from the burnout.

   provisional endorsement means an endorsement on a licence made under section 7B.

   provisional licence means a provisional licence granted under section 7B or paragraph 8A (1) (a).

   public motor vehicle means a motor vehicle plying or standing in a public street for hire, and includes a motor omnibus and a taxi.

   public place means—

   (a)an off-street parking area;

   (b)a loading area;

   (c)a wharf, pier or jetty;

   (d)the Lake Burley Griffin foreshores; or

   (e)any part of a park, reserve, recreational or sporting ground, racecourse, or any other open place, to which the public has access whether with or without payment for admission, other than a street, road or lane that is prepared with cement or concrete or is sealed with bitumen or other sealing substance.

   public street means a street, road, lane or footpath (including a street, road, lane or footpath on or forming part of a bridge) that is open to or used by the public, but does not include—

   (a)an entrance-driveway leading to a parcel of land; or

   (b)any part of a public place.

   quad axle group means a group of 4 axles in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

   reflector means a reflector, reflecting lens, or reflective material, capable of throwing back a red reflection of light from the headlamps of a vehicle approaching from the rear so that when the headlamps of the approaching vehicle are dipped the reflection can be seen by the driver of the approaching vehicle when the approaching vehicle is not less than 50 metres from the reflector.

   registered means registered under this Act.

   Registrar means the Registrar of Motor Vehicles under section 6.

   registration authority, in relation to a vehicle registered in a State or another Territory, means a person or body empowered by or under a corresponding law of the Commonwealth, a State or another Territory to regulate the dimensions and mass of vehicles.

   registration number, in relation to a vehicle, means the number displayed in accordance with section 17A on a number-plate issued by the Registrar in respect of the vehicle.

   Regulations means regulations made under this Act.

   repealed Ordinance means any Ordinance repealed by section 2 and includes any such Ordinance as subsequently amended.

   restricted hire vehicle means a motor vehicle (other than a taxi or motor omnibus)—

   (a)that does not ply for hire in a public street for the conveyance of passengers;

   (b)that is used, or is intended to be used, for the conveyance of passengers under a contract which gives the hirer the exclusive use of the vehicle; and

   (c)in relation to which a person is licensed under subsection 28A (1).

   restricted hire vehicle licence means a licence granted under subsection 28A (1).

   restricted taxi means a taxi in relation to which a person is licensed under subsection 27D (1).

   restricted taxi licence means a licence granted under subsection 27D (1).

   rigid motor omnibus means a small motor omnibus, a light motor omnibus or a heavy motor omnibus.

   rigid truck means a motor vehicle constructed to be used principally for the carriage on public streets of goods, merchandise or produce or the conveyance of materials or equipment, but does not include an equipment truck, a motor implement, a motor tractor or a passenger car derivative.

   road marking means a line, symbol, sign or other device marked by way of—

   (a)paint;

   (b)adhesive material;

   (c)reflective material; or

   (d)a different road surface;

   on the carriageway or kerb of a public street, or on any part of an off-street parking area or loading area, in accordance with Part VII.

   road rescue fee means a fee determined under section 217A for the purposes of section 12AA;

   road train means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as 1 trailer a dolly supporting a semi-trailer).

   semi-trailer means a trailer that has—

   (a)1 axle not forming part of an axle group, or 1 axle group, that is toward the rear of the trailer; and

   (b)a means of attachment to a prime mover that would result in some of the mass of the trailer (whether with or without a load) being imposed on the prime mover.

   single axle group means a group of 2 or more axles in which the horizontal distance between the centre-lines of the outermost axles is less than 1 metre.

   slip lane means a branch of a public street provided at an intersection or junction exclusively for the use of vehicles turning left at that intersection or junction onto the intersecting or adjoining public street being a branch which is separated from those streets by a traffic island.

   small motor omnibus means a motor omnibus that—

   (a)has a GVM that does not exceed 15 tonnes; and

   (b)is capable of seating not less than 13 and not more than 30 adults.

   special licence means a special probationary licence in force under section 11C.

   special number means a number that is, in accordance with a determination in force under section 17A, a special number that may be allocated as the registration number of a vehicle other than a taxi, motor omnibus, private hire car, motor vehicle of a member of the diplomatic corps, veteran vehicle, vintage vehicle or historic vehicle.

   stop line means a road marking comprising a line that—

   (a)is marked—

   (i)across a carriageway of a public street; or

   (ii)from 1 edge of the carriageway of a public street across the traffic lanes for the passage of vehicles travelling in 1 particular direction; and

   (b)is not part of a school crossing (within the meaning of subsection 127 (1)) or a marked footcrossing.

   taxi means a motor vehicle (other than a motor omnibus) which stands or plies in a public street for hire for the conveyance of passengers and includes a motor vehicle which is intended to so stand or ply for hire and a restricted taxi.

   taxi licence means a licence granted by the Registrar to use a motor vehicle as a taxi other than a restricted taxi.

   the Lake Burley Griffin foreshores means any part of the area of land bounded by the edge of Lake Burley Griffin and an imaginary line drawn at a distance of 100 metres from that edge other than a street, road or lane that is prepared with cement or concrete or is sealed with bitumen or other sealing substance.

   this Act includes the regulations.

   trader means a person to whom a trader’s licence has been granted or transferred and, in the case of a trader being a company, firm or partnership, includes any director, manager or other officer of the company or any member of the firm or any partner of the partnership.

   trader’s licence means a licence granted under Part 4.

   trader’s plate means a number-plate issued to the holder of a trader’s licence under Part 4.

   traffic island means—

   (a)an island or dome constructed, placed or erected in accordance with Part 7; or

   (b)an area defined by signs in the form of chevrons placed within unbroken lines marked in accordance with Part 7.

   traffic lane means 1 of 2 or more longitudinal portions of the carriageway of a public street defined by road markings or traffic islands for the passage of vehicles travelling in the same direction.

   traffic sign means a sign, signal, flag, notice, beacon or other device erected, placed or displayed on, near or above the carriageway of a public street, or in a public place, in accordance with Part 7.

   trailer means—

   (a)a vehicle without motive power designed for attachment to a motor vehicle, but does not include a side-car; and

   (b)a piece of machinery or equipment that is equipped with wheels and designed to be towed behind a vehicle, but is not designed as a means of conveyance and includes a caravan.

   U turn means a movement of a vehicle whereby the vehicle turns to face the opposite, or substantially opposite, direction.

   vehicle means any means of conveyance that runs on wheels or continuous tracks, but does not include—

   (a)a vehicle that is designed to run solely on a railway or tram track; or

   (b)a wheelchair.

   veteran vehicle means a motor vehicle manufactured before 1 January 1919.

   vintage vehicle means a motor vehicle manufactured in the period that commenced on 1 January 1919 and ended at the expiration of 31 December 1930.

   visiting motor vehicle means a motor vehicle or trailer—

   (a)that is registered under a law of the Commonwealth, a State or another Territory;

   (b)that has affixed to it the numberplates that are required to be affixed to it under that law; and

   (c)except for a motor vehicle or trailer that is registered under a Commonwealth law—which is brought into the Territory temporarily, and includes—

   (i)a motor vehicle or trailer which has affixed thereto a trader’s plate in pursuance of the law of any such State or Territory;

   (ii)a motor vehicle or trailer which has attached thereto the distinguishing mark required to be carried under any convention relating to motor traffic to which the Commonwealth is a party and the owner of which is a bona fide resident of a country outside the Commonwealth; and

   (iii)a motor vehicle registered for commercial purposes in any such State or Territory which complies with paragraphs (b) and (c) and is licensed under this Act as a motor omnibus or public or private hire car, or motor vehicle for the carriage of workers;

   but does not include any rigid truck or articulated vehicle which is, in the opinion of the Registrar, used regularly upon the public streets or a motor vehicle in respect of which the Registrar has suspended the right to drive in the Territory under subsection 162E (1) (Suspension of licences, registration etc) or 180MJ (5) (Suspension for nonpayment of infringement notice penalties).

   weight, in relation to a motor vehicle, means the gross weight of the vehicle laden with the tools and accessories usually carried and with such fuel, water and oil as are in or upon the vehicle, but otherwise unladen.

(1A)    Where, by reason of the length of the name of the owner, or the number of names of the owners, of a motor vehicle or trailer, the certificate of registration granted in respect of the vehicle or trailer does not specify the full name or names of the owner or owners of the vehicle or trailer—

(a)the name or names of the owner or owners of the motor vehicle or trailer may appear on the certificate of registration in an abbreviated form;

(b)the Registrar shall maintain a separate record showing—

(i)the full name or names of the owner or owners of the motor vehicle or trailer; and

(ii)the same details in respect of the motor vehicle or trailer as appear on the certificate of registration granted in respect of the vehicle or trailer; and

(c)the name or names appearing in that record in respect of the vehicle or trailer as the name of the owner or owners of the vehicle or trailer shall, for the purposes of the definition of owner in subsection (1), of subsection (4) and of section 199, be deemed to be the name or names specified in the certificate of registration granted in respect of the motor vehicle or trailer.

1. In this Act a reference to a Schedule shall be read as a reference to a Schedule to this Act.

2. Unless the contrary intention appears, a reference in Part 7A, Part 8, Part 9 or Part 10 to a motor vehicle shall be deemed to include, where a trailer is attached to the motor vehicle, a reference to the motor vehicle and trailer.

3. Where there are 2 or more joint owners or part owners of a motor vehicle, each joint owner or part owner shall be deemed to be, for the purposes of this Act, the owner of the motor vehicle.

4. A reference to a public street in sections 7, 51, 79, 85, 89, 119, 129, 130, 131, 132, 134, 135, 139, 147A, 165, 166, 168, 176, 180WA, 181, 182, 184, 186, 187, 189, 190A, 191, 191P and 193, and subsections (1) and (3) of section 202, shall be read as including a reference to a public place.

5. A reference to a public street in sections 129, 130, 131, 132, 134, 135 and 139 shall be read as including a reference to an entrance-driveway leading to a parcel of land.

6. For the purposes of this Act, a motor vehicle shall be deemed to have been manufactured on or after a particular date if any process in the manufacture of the motor vehicle is carried out on or after that date.

7. A reference in a provision of this Act to a determined fee shall be read as a reference to the fee determined under section 217A for the purposes of that provision.

8. A reference in this Act to the allocation of a number as the registration number of a vehicle shall be read as a reference to the allocation of a sequence of not more than 6 characters consisting of—

   (a)digits;

(b)capital letters; or

(c)a combination of digits and capital letters.

1. For the purposes of Part X (Rules relating to parking), the administrative charge is $25 or such other charge as the Minister, by instrument, determines.

2. A determination under subsection (10) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

4A      Notes

A note in the text of this Act is explanatory and is not part of the Act.

1. Position of the Crown

1. The provisions of this Act in relation to the registration of motor vehicles and trailers and the issue of labels shall not apply to motor vehicles or trailers owned by—

   (a)the Territory or a Territory authority; or

(b)the Commonwealth or a Commonwealth authority.

1. A person referred to in paragraph 2 (a) or (b) may apply to register a motor vehicle or trailer or for the issue of a label.

1. Registrar of Motor Vehicles

1. There may be a Registrar of Motor Vehicles.

2. The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Motor Vehicles.

3. The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).

6A      Deputy Registrars of Motor Vehicles

1. There may be 1 or more Deputy Registrars of Motor Vehicles.

2. A Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.

3. The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar.

4. A Deputy Registrar shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).

6B      Inspectors

1. There may be 1 or more inspectors for the purposes of this Act.

2. The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.

3. The following persons shall be inspectors:

   (a)any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);

(b)any other person appointed in writing by the Chief Executive for the purpose.

1. Where a person referred to in subsection (3) ceases to be an inspector the person shall not, without reasonable excuse, fail to return to the Registrar any identity card issued by the Registrar.

Penalty:  1 penalty unit.

6C      Medical testing officers

1. There may be 1 or more medical testing officers.

2. The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a medical testing officer.

3. Only a person who is entitled to practise as a medical practitioner under the Medical Practitioners Act 1930, or a corresponding law of a State or another Territory, may perform the functions of a medical testing officer.

4. Subject to subsection (3), the following persons shall be medical testing officers:

   (a)any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);

(b)any other person appointed in writing by the Chief Executive for the purpose.

6D      Motor traffic officers

1. There may be 1 or more motor traffic officers for the purposes of this Act.

2. A motor traffic officer shall only perform such functions of a motor traffic officer as he or she is authorised by the Registrar to perform.

3. The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a motor traffic officer.

4. The following persons shall be motor traffic officers:

   (a)any public servant for the time being performing the duties of a Government Service office referred to in subsection (3);

(b)any other person appointed in writing by the Chief Executive for the purpose.

6E Vehicle Inspection Manual

1. The Registrar shall cause a manual, called the Vehicle Inspection Manual, to be prepared and maintained for the purposes of this Act.

2. The Manual shall specify—

   (a)the requirements with which each motor vehicle and trailer is required to comply before it may be registered; and

(b)the requirements with which parts and equipment of each motor vehicle and trailer are required to comply before the vehicle or trailer, as the case may be, may be registered.

1. The Manual is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

6F Amendment of Manual

1. The Registrar may, by instrument, amend the Manual.

2. An instrument under subsection (1) has effect from and including such date as is specified in the instrument, being a date not less than 7 days after the date on which the instrument is made.

3. An instrument under subsection (1) does not apply in relation to a motor vehicle or trailer in respect of which there is in force a certificate under section 26AP that was issued before the date on which the instrument took effect.

6G Copies of Manual and instruments of variation

The Registrar shall—

(a)within 7 days after completion of the preparation of the Manual furnish a copy of the Manual to the Minister; and

(b)within 7 days after an instrument is made under subsection 6F (1), furnish a copy of the instrument to the Minister and to the proprietor of premises authorised under Part 2AA.

6H Evidence of Manual

1. In any proceedings evidence of the Manual as in force on a specified date or during a specified period may be given by the production of an office copy of the Manual certified by the Registrar, in writing, to be a true copy of the Manual, as at that date or during that period.

2. For the purposes of subsection (1), a certificate that purports to have been signed by the Registrar shall be taken to have been so signed unless the contrary is proved.

6J Interpretation of Manual

1. Expressions used in the Manual, or an instrument made under subsection 6F (1), shall, unless the contrary intention appears in the Manual

or instrument, have the same respective meanings as they would have if the Manual or instrument, as the case may be, were regulations under this Act.

1. The Manual, and instruments made under subsection 6F (1), shall not be taken to be regulations within the meaning of the Interpretation Act 1967.

6K Inspection of Manual

A copy of the Manual shall be kept at each office of the Registrar and may, on request by a person, be inspected at any time during the ordinary business hours of that office.

Part 1A—driving licences

1. Classes of licences

1. The Minister may, by instrument, declare that a specified class of licence entitles the licensee to drive a specified class of motor vehicles.

2. An instrument made under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

7A Learner licences and learner licence receipts

1. Subject to this Act and to the Motor Traffic (Alcohol and Drugs) Act 1977, the Registrar may grant—

   (a)a learner licence to a person who does not hold another licence; and

(b)a learner licence receipt to a person who holds a full, provisional or probationary licence;

in relation to a class of vehicles specified on the licence or receipt (as the case requires) and may renew that licence or receipt from time to time.

(1A) Where the Registrar grants a person a learner licence, or a learner licence receipt, in relation to a light vehicle other than a motor tractor or a motor implement, the Registrar shall issue to the person a learner driver log book.

1. Before granting a learner licence or learner licence receipt the Registrar shall require the applicant to pass a test approved by the Registrar.

2. A learner licence or learner licence receipt shall not be granted to an applicant unless—

   (a)in the case of a licence or receipt to drive a motor cycle—

   (i)the applicant is at least 16 years and 9 months of age; and

   (ii)has, within 3 months prior to applying for the licence or receipt, successfully completed a motor cycle rider training course approved by the Registrar by notice in the Gazette; and

(b)in the case of a licence or receipt to drive a light vehicle other than a taxi or a private hire car—the applicant is at least 16 years of age.

1. Notwithstanding subsection (3), the Registrar may grant a learner licence to drive a vehicle of the class specified in the learner licence to a person to whom the Registrar would, but for this subsection, be prohibited from granting a learner licence, if the Registrar is satisfied that special circumstances exist that justify granting a learner licence to the person.

2. A learner licence granted by virtue of subsection (4) shall be subject to such conditions, specified in the licence, as are necessary to ensure that the licensee does not drive a motor vehicle otherwise than for purposes in connection with the special circumstances referred to in subsection (4).

3. A person to whom a learner licence is granted by virtue of subsection (4) shall comply with a condition specified in the licence.

4. A learner licence and learner licence receipt are valid for the period of 15 months commencing on the date of grant.

5. A learner shall not drive on a public street a light vehicle—

   (a)if the seat next to the learner is not occupied by—

   (i)a person who holds a full licence to drive a motor vehicle in the class driven by the learner; or

   (ii)by a person who is submitting the learner to a driving test authorised by the Registrar;

(b)if there is not displayed conspicuously at, and so as to be clearly visible from, the front and rear of the vehicle, a square sign—

(i)each side of which is not less than 155 millimetres in length; and

(ii)displaying the letter “L” in black on a yellow background;

being a sign that has been issued or authorised by the Registrar; or

(c)where a trailer is coupled to the vehicle—if the GVM of the trailer exceeds 750 kilograms.

1. A learner shall not drive on a public street a motor cycle—

   (a)if it is being used for the carriage of any person other than the learner or a person who—

   (i)holds a full licence to drive a motor cycle; and

   (ii)is safely seated in a sidecar attached to the motor cycle;

(b)if there is not displayed conspicuously at, and so as to be clearly visible from, the rear of the motor cycle a square sign—

(i)each side of which is not less than 155 millimetres in length; and

(ii)displaying the letter “L” in black on a yellow background;

being a sign that has been issued or authorised by the Registrar; or

(c)if it is towing any other vehicle or trailer;

(d)if it has a power-to-weight ratio greater than 150 kilowatts per tonne.

1. The owner or person in charge of a motor vehicle shall not—

   (a)cause;

(b)permit; or

(c)fail to take reasonable precautions to prevent;

a contravention of subsection (8) or (9) in connection with the vehicle.

7B      Provisional licences and endorsements

1. Subject to this Act and to the Motor Traffic (Alcohol and Drugs) Act 1977, the Registrar may—

   (a)grant a provisional licence to drive a specified class of vehicles to a person who does not hold a provisional or full licence; or

(b)make, on a provisional or full licence, a provisional endorsement that entitles the licensee to drive a specified class of vehicles that he or she is not already entitled to drive;

and may renew such a licence or endorsement from time to time.

1. Subject to this section, the Registrar shall not grant a provisional licence or make a provisional endorsement unless the applicant—

   (a)in the case of a provisional licence or endorsement to drive a motor cycle, has held—

   (i)a learner licence;

   (ii)a corresponding licence; or

   (iii)a learner licence receipt;

   to drive a motor cycle for a period of, or periods totalling, not less than 3 months;

(b)in the case of a provisional licence or endorsement to drive a light vehicle, has held—

(i)a learner licence;

(ii)a corresponding licence; or

(iii)a learner licence receipt;

to drive a light vehicle for a period of, or periods totalling, not less than 6 months;

(c)in the case of a provisional licence to drive a rigid truck, rigid motor omnibus, public motor vehicle, private hire car or restricted hire vehicle—has held a licence, a provisional endorsement or a corresponding licence to drive a light vehicle for a period of, or periods totalling, not less than 12 months;

(d)in the case of a provisional licence to drive an articulated vehicle, heavy trailer combination or an articulated motor omnibus—has held a licence or a corresponding licence to drive a rigid truck or rigid motor omnibus (other than a small motor omnibus) for a period of, or periods totalling, not less than 12 months; or

(e)in the case of a provisional licence to drive a road train or B-double—has held a licence or a corresponding licence to drive—

(i)a heavy articulated vehicle; or

(ii)a heavy trailer combination—

(A)the GCM of which exceeds 24 tonnes; or

(B)that has more than 3 axles;

for a period of, or periods totalling, not less than 12 months.

1. A reference in a paragraph of subsection (2) to a corresponding licence shall be read as a reference to a corresponding licence that, in the opinion of the Registrar, is equivalent to a licence referred to in that paragraph.

2. In calculating, for the purposes of subsection (2), the time during which a person has held a licence, any period during which the licence has been suspended shall be disregarded.

3. Subject to this section, the Registrar shall not grant a provisional licence or make a provisional endorsement unless the applicant—

   (a)in the case of a licence to drive a rigid truck or rigid motor omnibus—is at least 18 years of age;

(b)in the case of a licence to drive an articulated vehicle, heavy trailer combination or articulated motor omnibus—is at least 19 years of age;

(c)in the case of a licence to drive a road train, B-double, public motor vehicle, private hire car or restricted hire vehicle—is at least 21 years of age; and

(d)in the case of any other licence or of an endorsement—is at least 17 years of age.

1. The Registrar shall not grant a provisional licence unless the applicant—

   (a)surrenders any other licence or corresponding licence that he or she may be holding and furnishes a declaration that he or she holds no other licence or corresponding licence; or

(b)furnishes a declaration that he or she holds no licence or corresponding licence.

1. Subject to this Act and to the Motor Traffic (Alcohol and Drugs) Act 1977, a provisional endorsement ceases to be valid if the licence on which it is made is cancelled, suspended or expires.

2. A provisional licence shall not be granted for a period that exceeds 3 years from the date of the grant, but may be extended in accordance with subsection (23).

3. A provisional endorsement shall not be made for a period that exceeds 12 months, but may be extended in accordance with subsection (23).

4. Where the Registrar grants a provisional licence for a period that is less than 3 years, the fee payable on the grant is an amount that bears the same proportion to the fee determined in respect of the grant of a provisional licence as the number of full months for which the licence is granted bears to 36.

5. Notwithstanding subsections (2) and (5), if the Registrar is satisfied that special circumstances exist that justify his or her so doing, the Registrar may grant a provisional licence to a person to whom, but for this subsection, he or she would be prohibited from granting it by reason of either of those subsections.

6. A provisional licence granted under subsection (11) shall be subject to such conditions, specified in the licence, as are necessary to ensure that the licensee does not drive a motor vehicle otherwise than for purposes connected with the special circumstances referred to in that subsection.

7. A person to whom a provisional licence is granted under subsection (11) shall comply with a condition specified in the licence.

8. The Registrar shall not grant a provisional licence, make a provisional endorsement or renew a provisional licence unless satisfied that the applicant is capable of driving, with safety to the public, a motor vehicle of the class specified in the licence or endorsement, as the case requires.

(14A) For the purpose of satisfying himself or herself as to the capabilities of an applicant under subsection (14), the Registrar shall have regard to any certificate of competency in relation to the applicant.

1. Where, for the purposes of subsection (14), the Registrar requires an applicant to undergo a driving test, the Registrar shall not fix the date and time for the test unless the applicant has paid to the Territory the determined fee.

2. An applicant is entitled to a refund of a fee referred to in subsection (15) if the proposed driving test in respect of which the fee was paid is cancelled by the Registrar.

1. An applicant for a licence is entitled to a refund of a fee referred to in subsection (15) less an amount determined by the Minister if, not later than 48 hours before the time fixed for a driving test in respect of which the fee was paid, the applicant informs the Registrar that he or she does not intend to undergo the test at the time so fixed.

2. The amount of a refund that a person is entitled to under subsection (16) or (17) may be applied in satisfaction or partial satisfaction of a determined fee under subsection (15).

3. The Registrar may refuse to grant a provisional licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or a licensed goods motor vehicle to a person who does not produce to the Registrar a certificate of good character signed by not less than 2 persons of good repute.

4. The Registrar may refuse to grant a provisional licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or licensed goods vehicle unless the applicant satisfies the Registrar that he or she is—

   (a)a fit and proper person to hold the licence; and

(b)able to speak, read and write the English language.

1. A person who has held a provisional licence or endorsement to drive a light vehicle for less than 12 months shall not drive on a public street a motor vehicle in that class—

   (a)unless there is displayed conspicuously at, and so as to be clearly visible from, the front and rear of the vehicle, a square sign—

   (i)each side of which is not less than 155 millimetres in length; and

   (ii)displaying the letter “P” in red on a white background;

   being a sign that has been issued or authorised by the Registrar; or

(b)to which there is coupled a trailer the GVM of which exceeds 750 kilograms.

1. A person who has held a provisional licence or endorsement to drive a motor cycle for less than 12 months shall not drive on a public street a motor cycle—

   (a)unless there is displayed conspicuously at, and so as to be clearly visible from, the rear of the vehicle, a square sign—

   (i)each side of which is not less than 155 millimetres in length; and

   (ii)displaying the letter “P” in red on a white background;

   being a sign that has been issued or authorised by the Registrar; or

(b)if it is towing any other vehicle or trailer;

(c)if it has a power-to-weight ratio greater than 150 kilowatts per tonne.

1. On receipt of an appropriate application the Registrar shall grant to a person whose provisional licence or endorsement has been suspended under this Act or any other law of the Territory an extension of the period of validity of that licence or endorsement for a period of time equal to the period of the suspension.

1. Full licences

1. Subject to this Act and to the Motor Traffic (Alcohol and Drugs) Act 1977, the Registrar may grant to a person a full licence to drive a specified class of motor vehicles and may renew that licence from time to time.

2. Subject to this section, the Registrar shall not grant a full licence unless the applicant—

   (a)has held a full licence or holds or has held a corresponding licence; or

(b)has held a provisional licence, a probationary licence or a corresponding licence for a period of, or periods totalling, not less than 3 years.

1. Subject to this section, the Registrar shall not grant a full licence unless the applicant—

   (a)in the case of a full licence to drive a rigid truck, rigid motor omnibus, public motor vehicle, private hire car or restricted hire vehicle—has held a licence or provisional endorsement, or a corresponding licence, to drive a light vehicle for a period of, or periods totalling, not less than 12 months;

(b)in the case of a full licence to drive an articulated vehicle, a heavy trailer combination or an articulated motor omnibus—has held a licence or a corresponding licence to drive a rigid truck or rigid motor omnibus (other than a small motor omnibus) for a period of, or periods totalling, not less than 12 months; or

(c)in the case of a full licence to drive a road train or B-double—has held a licence or a corresponding licence to drive—

(i)a heavy articulated vehicle; or

(ii)a heavy trailer combination—

(A)the GCM of which exceeds 24 tonnes; or

(B)that has more than 3 axles;

for a period of, or periods totalling, not less than 12 months.

1. A reference in a paragraph of subsection (2) or (3) to a corresponding licence shall be read as a reference to a corresponding licence that, in the opinion of the Registrar, is equivalent to a licence referred to in that paragraph.

2. In calculating, for the purposes of this section, the time during which a person has held a licence, any period during which the licence has been suspended shall be excluded.

3. Subject to this section, the Registrar shall not grant a full licence unless the applicant—

   (a)in the case of a licence to drive a rigid truck or rigid motor omnibus—is at least 18 years of age;

(b)in the case of a licence to drive an articulated vehicle, a heavy trailer combination or an articulated motor omnibus—is at least 19 years of age; and

(c)in the case of a licence to drive a road train, B-double, public motor vehicle, private hire car or restricted hire vehicle—is at least 21 years of age.

1. The Registrar shall not grant a full licence unless the applicant—

   (a)surrenders any other licence or corresponding licence that he or she may be holding and furnishes a declaration that he or she holds no other licence or corresponding licence; or

(b)furnishes a declaration that he or she holds no licence or corresponding licence.

1. Notwithstanding subsections (3) and (6), if the Registrar is satisfied that special circumstances exist that justify his or her so doing, the Registrar may grant a full licence to a person to whom, but for this subsection, he or she would be prohibited from granting the licence by reason of either of those subsections.

2. A licence granted by virtue of subsection (8) shall be subject to such conditions, specified in the licence, as are necessary to ensure that the licensee does not drive a motor vehicle otherwise than for purposes connected with the special circumstances referred to in that subsection.

3. A person to whom a licence is granted by virtue of subsection (8) shall comply with a condition specified in the licence.

4. The Registrar shall not grant or renew a full licence unless he or she is satisfied that the applicant is capable of driving, with safety to the public, a motor vehicle of the class specified in the licence.

5. Where, for the purposes of subsection (11), the Registrar requires an applicant to undergo a driving test, the Registrar shall not fix the date and time for the test unless the applicant has paid to the Territory the determined fee.

6. An applicant for a licence is entitled to a refund of a fee referred to in subsection (12) if the proposed driving test in respect of which the fee was paid is cancelled by the Registrar.

7. An applicant for a licence is entitled to a refund of a fee referred to in subsection (12) less an amount determined by the Minister if, not later than 48 hours before the time fixed for a driving test in respect of which the fee was paid, the applicant informs the Registrar that he or she does not intend to undergo the test at the time so fixed.

8. The amount of a refund that a person is entitled to under subsection (13) or (14) may be applied in satisfaction or partial satisfaction of a fee payable under subsection (12).

9. The Registrar may refuse to grant a full licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or a licensed goods motor vehicle to a person who does not produce to the Registrar a certificate of good character signed by not less than 2 persons of good repute.

10. The Registrar may refuse to grant a full licence to drive a public motor vehicle, a private hire car, a restricted hire vehicle or a licensed goods motor vehicle unless the applicant satisfies the Registrar that he or she is—

    (a)a fit and proper person to hold the licence; and

(b)able to speak, read and write the English language.

8AA    Grant of probationary licences

1. The Registrar shall not grant a licence other than a probationary licence to a person where 12 or more relevant demerit points are recorded on the person’s relevant licence record.

2. In this section—

   relevant demerit points has the same meaning as in Part 11B.

   relevant licence record has the same meaning as in Part 11B.

8A Grant of full or provisional licence to former probationary licensee

1. Subject to subsection (1A) and sections 10 and 104, the Registrar shall—

   (a)grant another full licence to a person whose former full license has been cancelled; or

(b)grant another provisional licence to a person whose former provisional license has been cancelled;

if the person has held a probationary licence for a period of, or periods totalling, at least 12 months after the cancellation.

(1A) Subject to sections 10 and 104, the Registrar shall—

(a)grant another full licence to a formerly disqualified full licensee; or

(b)grant another provisional licence to a formerly disqualified provisional licensee;

if the person has held a probationary licence for a period of, or periods totalling, at least 12 months after the end of the period, or the latest period, during which the person was disqualified from holding a driving licence.

1. A licence granted under this section shall—

   (a)specify the class of vehicles that the probationary licence had specified; and

(b)be subject to the conditions that the probationary licence had been subject to.

1. A licence granted to a person by virtue of subsection (1) or (1A) shall be subject to any provisional endorsement to which the person’s former licence was subject immediately before its cancellation.

2. In calculating, for the purposes of this section, the time during which a person has held a probationary licence, any period during which the licence has been suspended shall be excluded.

3. Sections 7B and 8 do not apply to an applicant referred to in subsection (1).

4. For the purposes of this section, a formerly disqualified licensee is a person—

   (a)whose full licence, or provisional licence, has been cancelled by force of, or under, a law of the Territory because of a conviction of an offence; and

(b)who has been disqualified by force of, or under, a law of the Territory from holding a driving licence because of that conviction.

8B      Conditions on licences

1. Where the Registrar believes on reasonable grounds that it is desirable in the interests of road safety to—

   (a)grant a licence subject to a condition; or

(b)impose a condition on a licence;

the Registrar shall give to the applicant or licensee (as the case requires) a written notice—

(c)specifying those interests and stating the facts and circumstances that constitute the basis for the Registrar’s belief; and

(d)inviting the applicant or licensee to show cause within a specified period of time why the licence should not be granted subject to the condition specified in the notice or why the condition specified in the notice should not be imposed on the licence, as the case requires.

1. After—

   (a)the expiry of the period of time specified in a notice under subsection (1); and

(b)taking into consideration any representation made by the applicant or licensee;

the Registrar shall grant the licence subject to the condition or vary the licence if satisfied on reasonable grounds that it is desirable in the interests of road safety to do so.

1. For the purpose of varying a licence the Registrar shall, by written notice accompanying the relevant notice under subsection (1), require the licensee to forward the licence to the Registrar within 14 days after the date of the notice.

2. A licence that has not been forwarded to the Registrar within the period of 14 days referred to in a notice under subsection (3) becomes subject to the condition specified in the notice at the end of that period.

3. On application by a licensee accompanied by the licence, the Registrar shall, if satisfied on reasonable grounds that it is desirable in the interests of road safety to do so—

   (a)vary the licence in accordance with the application by imposing, altering or omitting a condition; or

(b)refuse to vary the licence.

1. The holder of a licence that is subject to a condition shall comply with the condition.

2. Nothing in this section shall be construed as—

   (a)affecting the powers of the Registrar under section 7A, 7B or 8; or

(b)enabling the Registrar to grant or vary a licence so as to be inconsistent with any condition or limitation ordered by a court or imposed as a result of a court order.

1. In this section—

   condition includes a condition relating to—

   (a)the times during which the licensee may drive a motor vehicle;

   (b)the equipment to be carried on or in, or modifications to be made to, a motor vehicle that may be driven by the licensee; and

   (c)the purpose for which, or the location where, the licensee may drive a motor vehicle.

   licence includes a learner licence receipt.

1. Refusal of licences to certain persons

1. The Registrar may refuse a licence, or the renewal of a licence, to drive a public motor vehicle, a private hire car or a restricted hire vehicle to any person—

   (a)if that person has, at any time, been convicted under this Act or another law in force in the Territory or elsewhere of driving, or being in charge of, any vehicle whilst drunk or whilst under the influence of intoxicating liquor, or of driving any vehicle furiously or recklessly or at a speed or in a manner dangerous to the public;

(aa)if the person has been convicted of an offence against Part 8A as in force before the commencement of the Motor Traffic (Amendment) Act 1977 or of an offence against the Motor Traffic (Alcohol and Drugs) Act 1977;

(b)if the person has been convicted of an offence punishable by imprisonment for a period exceeding 6 months; or

(c)if the person previously held a licence to drive a motor vehicle and it was suspended or was cancelled otherwise than under section 162E or subsection 180MJ (3) (Suspension for nonpayment of infringement notice penalties).

1. This section does not apply to a special licence.

1. Medical examination of applicants for and persons holding driver’s licences

1. The Registrar may require a person who is an applicant for a licence or for the renewal of a licence or any person who is licensed to drive a motor vehicle to submit himself or herself for examination by a medical testing officer and, unless the medical testing officer, after such examination as he or she considers necessary, certifies that, in his or her opinion, that person is a medically fit and proper person to drive a motor vehicle, the Registrar shall refuse to grant or renew the licence or shall cancel the licence.

2. The Registrar may require a person who is an applicant for a licence or for the renewal of a licence or any person who is licensed to drive a public motor vehicle a private hire car or a restricted hire vehicle to submit himself or herself for examination by a medical testing officer and, unless the medical testing officer, after such examination as he or she considers necessary certifies that he or she has on the date of the certificate personally examined that person, knowing the person to be an applicant for, or the holder of, a licence to drive a vehicle of that class, and that, in the medical testing officer’s opinion, having proper regard to the health and safety of passengers and of the public generally, that person is a medically fit and proper person to be employed as the driver of a public motor vehicle, a private hire car or a restricted hire vehicle, the Registrar shall refuse to grant or renew the licence or shall cancel the licence.

1. Driver wearing corrective lenses

1. A licence granted to a person who wears corrective lenses while undergoing any test as to his or her capability of driving a motor vehicle shall be marked or endorsed accordingly.

2. Any person holding such a licence shall wear corrective lenses while driving a motor vehicle.

3. For the purposes of this section, the term “test” includes an eyesight test.

11A Special probationary driving licence

1. Any person may apply to the court for an order under subsection (4).

2. An application for an order under subsection (4) shall be filed with the Registrar of the court together with an affidavit of the applicant setting out the grounds on which the order is sought.

3. The respondents to an application are—

   (a)the Registrar of Motor Vehicles; and

(b)the chief police officer.

1. The court may in exceptional circumstances, and on application in accordance with subsection (2), order the Registrar of Motor Vehicles to grant a special licence in accordance with section 11C to a person in respect of a period during which the person would not otherwise be entitled to drive a motor vehicle because—

   (a)he or she is disqualified from holding a driving licence by force of, or under, a law of the Territory;

(b)a provisional licence granted to the person is suspended under subsection 180X (2); or

(c)a driving licence granted to the person is suspended or cancelled by force of, or under, a law of the Territory.

1. In determining whether exceptional circumstances exist which justify making an order under subsection (4), and without limiting the matters to which the court may have regard, the court shall have regard to the following:

   (a)the likelihood that the applicant, or a person affected by the outcome of the application, would suffer or incur any inconvenience or loss (actual or potential) which would be unreasonable, if the special licence were not granted;

(b)whether it would be unreasonable for the applicant to use an alternative means of transport, including public transport, if the special licence were not granted;

(c)the likelihood of the applicant’s health, or that of any dependant, suffering or being put at risk if the special licence were not granted;

(d)the applicant’s history concerning any offence or infringement under this Act or any other law in relation to the use of a motor vehicle; and

(e)the likelihood of the applicant complying with the conditions of a special licence.

1. In considering an application under subsection (1) by—

   (a)a person who is the holder of a suspended learner licence;

(b)a person whose driving licence is suspended under paragraph 104 (2) (b);

(c)a person who is not licensed to drive a motor vehicle following the cancellation of his or her driving licence under paragraph 104 (2) (b);

(d)a person whose driving licence is suspended under subsection 162E (1);

(e)a person whose driving licence is suspended under subsection 180MJ (3) (Suspension for nonpayment of infringement notice penalties);

(f)a person whose full licence is suspended under subsection 180U (3);

(g)a person whose provisional endorsement of a licence is suspended under subsection 180ZA (3);

(h)a person who is disqualified from holding a driving licence by force of subsection 180WA (1);

(j)a person who is disqualified from holding a special licence by force of section 191J; or

(k)a person who is disqualified from holding a driving licence because of an order under section 191D arising from a conviction of an offence against section 191P;

the court shall make an order under subsection (4) only in the most extraordinary circumstances.

1. The court order shall specify—

   (a)the class of motor vehicle for which the licence is to be granted, being a class in respect of which the person had previously been licensed to drive; and

am. No. 54, 1976 (relocated and renumbered ss. 108F, 108G by No. 54, 1976)

S. 108A............................. Renumbered by No. 54, 1976

am. Act No. 97, 1994; No. 55, 1997

S. 108B............................. Renumbered by No. 54, 1976

am. Act No. 47, 1993; No. 55, 1997; 1999 No. 16 s 11

S. 108C............................ Renumbered by No. 54, 1976

am. Act No. 55, 1997; 1999 No. 16 s 12

S. 108D............................ Renumbered by No. 54, 1976

am. Act No. 47, 1993

S. 108E............................. Renumbered by No. 54, 1976

am. Act No. 47, 1993; No. 55, 1997; 1999 No. 16 s 13

S. 108F............................. Renumbered by No. 54, 1976

S. 108G............................ Renumbered by No. 54, 1976

am. Act No. 47, 1993; No. 55, 1997

Part VII (ss. 109-112)....... ad. No. 11, 1960

S. 109A............................. ad. No. 2, 1978

S. 109............................... ad. No. 11, 1960

am. No. 8, 1964; No. 9, 1965; No. 27, 1969; No. 37, 1971; No. 38, 1989; Act No. 47, 1993

S. 110............................... ad. No. 11, 1960

am. No. 37, 1971

S. 111............................... ad. No. 11, 1960

am. No. 8, 1964

S. 112............................... ad. No. 11, 1960

am. No. 8, 1964; No. 9, 1965; Act No. 47, 1993

Part VIIA (ss. 112A-112J) ad. No. 37, 1971

S. 112AA.......................... ad. No. 2, 1978

S. 112A............................. ad. No. 37, 1971

am. Act No. 47, 1993

rs. 1999 No. 16 s 14

S. 112B............................. ad. No. 37, 1971

am. No. 54, 1976; Acts Nos. 47 and 84, 1993; No. 47, 1996; 1999 No. 16 s 15

S. 112BA.......................... ad. Act No. 84, 1993

am. 1999 No. 16 s 16

S. 112C............................ ad. No. 37, 1971

am. Act No. 47, 1993

rs. No. 8, 1995

S. 112D............................ ad. No. 37, 1971

am. No. 44, 1984; Act No. 47, 1993

S. 112E............................. ad. No. 37, 1971

am. Act No. 47, 1993

rep. No. 84, 1993

Ss. 112F........................... ad. No. 37, 1971

am. Act No. 47, 1993; 1999 No. 16 s 17

Ss. 112G-112I ................. ad. No. 37, 1971

am. Act No. 47, 1993

S. 112J............................. ad. No. 37, 1971

am. Act No. 47, 1993; No. 97, 1994

Part VIII (s. 113)............... rep. No. 11, 1960

Part VIII (ss. 113-122, ...... ad. No. 11, 1960

124-137, 139)

S. 112K............................. ad. No. 49, 1974

am. No. 31, 1978; No. 33, 1980; Nos. 15 and 44, 1984; Act No. 84, 1993

S. 113............................... am. No. 41, 1938; No. 1, 1955;  No. 15, 1958

rs. No. 11, 1960

am. No. 8, 1964; No. 31, 1978; No. 34, 1986; Act No. 47, 1993

S. 114............................... ad. No. 11, 1960

rs. No. 17, 1962

S. 115............................... ad. No. 11, 1960

am. Act No. 47, 1993

Ss. 115A, 115B................. ad. No. 49, 1974

S. 115C............................ ad. No. 31, 1978

rs. No. 6, 1986

am. Act No. 47, 1993

Ss. 116, 117..................... ad. No. 11, 1960

am. No. 8, 1964; No. 9, 1965; No. 31, 1978; Act No. 47, 1993

S. 118............................... ad. No. 11, 1960

am. No. 9, 1965; Acts Nos. 47 and 84, 1993; 1999 No. 16 s 18

S. 119............................... ad. No. 11, 1960

rs. 1999 No 86 s 5

S. 119AA.......................... ad. 1999 No 86 s 5

S. 119A............................. ad. No. 54, 1976

am. Act No. 47, 1993

S. 120............................... ad. No. 11, 1960

am. No. 31, 1978; Act No. 46, 1992; No. 47, 1993

S. 121............................... ad. No. 11, 1960

am. No. 17, 1962; No. 8, 1964; No. 9, 1965; No. 31, 1978; No. 33, 1980; Act No. 47, 1993

S. 122............................... ad. No. 11, 1960

am. No. 17, 1962; No. 37, 1971; No. 48, 1974; No. 3, 1981; No. 15, 1984; Act No. 47, 1993; No. 97, 1994

S. 122A............................. ad. No. 3, 1981

am. Act No. 47, 1993

S. 123............................... ad. No. 17, 1962

am. No. 9, 1965; No. 3, 1981; Act No. 47, 1993

S. 123A............................. ad. Act No. 46, 1992

S. 124............................... ad. No. 11, 1960

am. No. 17, 1962; No. 48, 1974; No. 31, 1978; No. 15, 1984; Act No. 47, 1993

S. 124A............................. ad. No. 15, 1984

am. Act No. 47, 1993

S. 124B............................. ad. Act No. 84, 1993

S. 125............................... ad. No. 11, 1960

am. No. 9, 1965; Act No. 47, 1993

S. 126............................... ad. No. 11, 1960

am. Act No. 21, 1989

S. 127............................... ad. No. 11, 1960

am. No. 54, 1976; Act No. 47, 1993

S. 128............................... ad. No. 11, 1960

am. No. 48, 1974; No. 15, 1984; Act No. 47, 1993; 1999 No. 16 s 19

Ss. 128A-128F................. ad. No. 33, 1980

S. 128G............................ ad. No. 44, 1984

am. Act No. 42, 1991

S. 129............................... ad. No. 11, 1960

am. No. 13, 1971; No. 18, 1983; No. 2, 1985; No. 78, 1986; Act No. 81, 1994

S. 130............................... ad. No. 11, 1960

am. No. 19, 1966; No. 18, 1983; Act No. 41, 1990

Ss. 131, 132..................... ad. No. 11, 1960

am. Act No. 47, 1993

S. 133............................... ad. No. 11, 1960

am. No. 23, 1974

S. 133A............................. ad. No. 4, 1974

am. No. 33, 1981; No. 38, 1989; Act No. 57, 1993

S. 133B............................. ad. No. 9, 1988

am. Act No. 81, 1994

S. 134............................... ad. No. 11, 1960

S. 135............................... ad. No. 11, 1960

am. Act No. 47, 1993

S. 136............................... ad. No. 11, 1960

am. No. 38, 1973; No. 23, 1974; Act No. 47, 1993

S. 137............................... ad. No. 11, 1960

S. 138............................... ad. No. 8, 1964

am. No. 13, 1971

rep. No. 37, 1971

S. 139............................... ad. No. 11, 1960

am. No. 37, 1971; Act No. 47, 1993; No. 97, 1994

Part VIIIA (ss. 139A-139H) ad. No. 13, 1971

rep. No. 16, 1977

Ss. 139A, 139B................. ad. No. 13, 1971

rep. No. 16, 1977

S. 139C............................ ad. No. 13, 1971

am. No. 57, 1973

rep. No. 16, 1977

S. 139D............................ ad. No. 13, 1971

rep. No. 16, 1977

S. 139E............................. ad. No. 13, 1971

am. No. 57, 1973; No. 23, 1974

rep. No. 16, 1977

S. 139F............................. ad. No. 13, 1971

rep. No. 16, 1977

S. 139G............................ ad. No. 13, 1971

am. No. 57, 1973

rep. No. 16, 1977

S. 139H............................ ad. No. 13, 1971

rep. No. 16, 1977

Part 8A (ss. 139I-139R)    ad. 1999 No 86 s 6

Ss. 139I-139R.................. ad. 1999 No 86 s 6

Part IX (ss. 140-148)........ ad. No. 11, 1960

S. 140............................... ad. No. 11, 1960

am. No. 8, 1964; No. 2, 1968; No. 13, 1971; No. 23, 1974; No. 54, 1976; Act No. 46, 1992; 1999 No 50 s 9

S. 141............................... ad. No. 11, 1960

rs. No. 8, 1964

am. No. 23, 1974

S. 142............................... ad. No. 11, 1960

1999 No 50 s 10

S. 143............................... ad. No. 11, 1960

am. No. 8, 1964

rs. No. 2, 1968

am. No. 13, 1971; No. 23, 1974; Act No. 47, 1996

S. 144............................... ad. No. 11, 1960

am. No. 8, 1964; No. 2, 1968; No. 23, 1974

S. 145............................... ad. No. 11, 1960

am. No. 8, 1964; No. 10, 1972

rs. No. 23, 1974; No. 54, 1984

am. No. 81; 1986; No. 20, 1988

rep. Act No. 57, 1993

S. 146............................... ad. No. 11, 1960

am. No. 23, 1974

rep. No. 33, 1981

S. 147............................... ad. No. 11, 1960

am. No. 23, 1974

rs. No. 35, 1985

S. 147A............................. ad. No. 13, 1971

am. No. 2, 1985; Act No. 81, 1994

S. 147B............................. ad. No. 13, 1971

am. Act No. 46, 1992

rep 1999 No 50 s 11

S. 147C............................ ad. No. 13, 1971

am. No. 23, 1974; Act No. 46, 1992; No. 47, 1993

rep 1999 No 50 s 11

Ss. 147CA, 147CB........... ad. Act No. 46, 1992

rep 1999 No 50 s 11

S. 147D............................ ad. No. 13, 1971

am. No. 1, 1984

rs. Act No. 46, 1992

am. No. 81, 1994

rep 1999 No 50 s 11

S. 147E............................. ad. No. 13, 1971

am. Act No. 47, 1993

S. 148............................... ad. No. 11, 1960

rs. No. 8, 1964

am. No. 2, 1968; Act No. 47, 1993

rep. No. 47, 1996

Part X (ss. 149, 151-153, . ad. No. 11, 1960

155, 158, 159)

Heading to Div. 1 of Part X ad. Act No. 83, 1996

S. 149............................... ad. No. 11, 1960

am. No. 8, 1964; Nos. 38 and 41, 1973; No. 54, 1976; Nos, 23 and 51, 1977; No. 50, 1982; No. 44, 1984; No. 49, 1985; No. 63, 1987; Nos. 6 and 38, 1989; Act No. 20, 1989; No. 47, 1993; Act No. 84, 1993; No. 83, 1996; No. 59, 1997; 1999 No. 16 s 20

Heading to Div. 2 of Part X ad. Act No. 83, 1996

S. 149A............................. ad. No. 38, 1973

am. No. 37, 1977, No. 21, 1983

rs. No. 63, 1987

Ss. 149B-149D................. ad. No. 63, 1987

S. 149E............................. ad. No. 63, 1987

am. Act No. 42, 1991

S. 149F............................. ad. No. 63, 1987

Ss. 149G, 149H................ ad. No. 63, 1987

rep. Act No. 42, 1991

S. 150............................... ad. No. 8, 1964

am. No. 19, 1966; No. 38, 1973; No. 50, 1982; No. 1, 1984; No. 63, 1987; Act No. 47, 1993; No. 81, 1994

Heading to Div. 3 of Part X ad. Act No. 83, 1996

S. 150A............................. ad. No. 50, 1982

am. Act No. 59, 1997

S. 150B............................. ad. No. 50, 1982

am. No. 50, 1987; No. 38, 1989; Act No. 42, 1991; No. 47, 1993; No. 59, 1997

S. 150C............................ ad. No. 50, 1982

am. No. 38, 1989; Act No. 42, 1991; No. 47, 1993; No. 59, 1997

S. 150D............................ ad. No. 50, 1982

am. Act No. 47, 1993

S. 150E............................. ad. No. 50, 1982

am. Act No. 47, 1993; No. 59, 1997

Div. 4 of Part X (ss.150F- ad. Act No. 83, 1996

150Z, 150ZA-150ZH)

Ss. 150F-150Z,................ ad. Act No. 83, 1996

Ss. 150ZA-150ZH............ ad. Act No. 83, 1996

Heading to Div. 5 of Part X ad. Act No. 83, 1996

S. 151............................... ad. No. 11, 1960

rs. No. 8, 1964

am. No. 19, 1966; No. 50, 1982; No. 58, 1986; Act No. 20, 1989

S. 152............................... ad. No. 11, 1960

am. No. 8, 1964; No. 19, 1966; No. 50, 1982; No. 58, 1986; Act No. 20, 1989; No. 47, 1993; No. 59, 1997

S. 153............................... ad. No. 11, 1960

am. No. 19, 1966; No. 38, 1973; No. 50, 1982; No. 58, 1986; Act No. 20, 1989

S. 154............................... ad. No. 8, 1964

am. No. 9, 1965; No. 19, 1966; No. 50, 1982; No. 58, 1986; Act No. 20, 1989; Nos. 47 and 84, 1993; No. 97, 1994

S. 155............................... ad. No. 11, 1960

rs. No. 8, 1964

am. No. 19, 1966; No. 50, 1982; No. 58, 1986; Act No. 20, 1989; No. 47, 1993; No. 59, 1997

S. 156............................... ad. No. 8, 1964

am. No. 19, 1966; No. 41, 1973; No. 50, 1982; No. 44, 1984; No. 58, 1986; Act No. 20, 1989; No. 47, 1993; 1999 No. 16 s 21

S. 157............................... ad. No. 8, 1964

am. No. 19, 1966; No. 50, 1982; No. 58, 1986

rs. No. 63, 1987

am. No. 38, 1989; Act No. 20, 1989; No. 59, 1997

S. 158............................... ad. No. 11, 1960

am. No. 8, 1964; No. 9, 1965; No. 19, 1966; No. 23, 1974; No. 50, 1982; No. 58, 1986; Act No. 20, 1989; No. 47, 1993; 1999 No. 16
s 22

Heading to Div. 6 of Part X ad. Act No. 83, 1996

S. 159............................... ad. No. 11, 1960

rs. No. 8, 1964

am. No. 9, 1965; No. 2, 1968; No. 52, 1976; Act No. 20, 1989; No. 47, 1993

S. 160............................... ad. No. 8, 1964

rs. Act No. 20, 1989

am. No. 47, 1993

S. 161............................... ad. No. 8, 1964

am. Act No. 20, 1989; No. 47, 1993

S. 162............................... ad. No. 8, 1964

am. No. 9, 1965; No. 19, 1966; No. 2, 1968; No. 52, 1976; No. 50, 1982; No. 58, 1986; No. 63, 1987; Act No. 20, 1989; No. 47, 1993; No. 97, 1994

Ss. 162A, 162B................. ad. Act No. 20, 1989

am. No. 47, 1993

S. 162C............................ ad. Act No. 20, 1989

S. 162D............................ ad. Act No. 20, 1989

am. No. 47, 1993

S. 162E............................. ad. Act No. 20, 1989

am. No. 47, 1993; No. 47, 1996; No. 26, 1998

S. 162EA.......................... ad. Act No. 47, 1993

S. 162EB.......................... ad. Act No. 26, 1998

S. 162F............................. ad. Act No. 20, 1989

rs. No. 47, 1993

am. No. 26, 1998

S. 162G............................ ad. Act No. 20, 1989

S. 162H............................ ad. Act No. 20, 1989

am. No. 47, 1993; No. 26, 1998

S. 162J............................. ad. Act No. 20, 1989

am. No. 26, 1998

S. 162K............................. ad. Act No. 20, 1989

rs. No. 47, 1993

S. 162L............................. ad. Act No. 20, 1989

am. No. 47, 1993

S. 162M............................ ad. Act No. 20, 1989

am. No. 46, 1995

S. 163............................... ad. No. 8, 1964

am. No. 38, 1989

rs. Act No. 20, 1989

am. No 83, 1996

Heading to Div. 7 of Part X ad. Act No. 83, 1996

S. 163A............................. ad. No. 41, 1973

rep. No. 6, 1989

ad. 1999 No. 16 s 23

S. 163B............................. ad. No. 41, 1973

am. No. 23, 1977

rs. No. 6, 1989

S. 163BA.......................... ad. 1999 No. 16 s 24

S. 163C............................ ad. No. 41, 1973

am. Nos. 23 and 59, 1977

rs. No. 49, 1985

am. No. 6, 1989

S. 163D............................ ad. No. 41, 1973

am. No. 50, 1982; No. 58, 1986; No. 6, 1989; Act No. 20, 1989

S. 163E............................. ad. No. 41, 1973

am. No. 23, 1977; No. 50, 1982; No. 58, 1986; No. 6, 1989; Act No. 20, 1989; No. 59, 1997

S. 163F............................. ad. No. 41, 1973

am. No. 50, 1982; No. 44, 1984; No. 58, 1986; No. 6, 1989; Act No. 20, 1989; No. 59, 1997; 1999 No. 16 s 25

S. 163G............................ ad. No. 41, 1973

am. No. 6, 1989; Act No. 47, 1993; No. 81, 1994

S. 163H............................ ad. No. 41, 1973

am. Act No. 47, 1993; No. 81, 1994

S. 163I.............................. ad. No. 41, 1973

am. Act No. 47, 1993

Ss. 163J, 163K................. ad. No. 41, 1973

am. Act No. 47, 1993; No. 81, 1994

S. 163L............................. ad. No. 41, 1973

am. No. 6, 1989

S. 163LA........................... ad. No. 44, 1984

S. 163M............................ ad. No. 41, 1973

am. No. 50, 1982; No. 44, 1984; No. 58, 1986; Act No. 20, 1989

S. 163MA.......................... ad. No. 44, 1984

am. Act No. 81, 1994

S. 163MB.......................... ad. No. 44, 1984

am. Act No. 47, 1993; 1999 No. 16 s 26

Heading to Div. 8 of Part X ad. Act No. 83, 1996

S. 163N............................ ad. No. 41, 1973

am. Act No. 47, 1993; No. 83, 1996

S. 164............................... ad. No. 8, 1964

am. No. 9, 1965; No. 41, 1973; No. 23, 1974; No. 46, 1978; Act No. 20, 1989; No. 47, 1993; No. 83, 1996; 1999 No. 16 s 27

Part XA (ss. 164A-164D). ad. No. 39, 1971

rep. No. 32, 1979

Heading to Part XA.......... am. Act No. 46, 1992

Part XA (ss. 164A-164G). ad. No. 32, 1979

S. 164A............................. ad. No. 39, 1971

am. No. 38, 1973; No. 23, 1974

rs. No. 32, 1979

am. Acts Nos. 37 and 38, 1990; No. 46, 1992

Ss. 164B, 164C................ ad. No. 39, 1971

rs. No. 32, 1979

am. No. 18, 1983; Act No. 41, 1990; No. 47, 1993

S. 164D............................ ad. No. 39, 1971

am. No. 1, 1973; No. 23, 1974

rs. No. 32, 1979

am. No. 18, 1983; Acts Nos. 37, 38 and 41, 1990

rs. No. 46, 1992

S. 164DA.......................... ad. Act No. 46, 1992

S. 164DB.......................... ad. Act No. 46, 1992

am. No. 84, 1993; No. 47, 1996

S. 164E............................. ad. No. 32, 1979

am. Act No. 38, 1990; No. 46, 1992; No. 47, 1993

S. 164F............................. ad. No. 32, 1979

S. 164FA.......................... ad. 1999 No 50 s 12

S. 164G............................ ad. No. 32, 1979

am. No. 38, 1989

rep. Act No. 42, 1991

ad. No. 46, 1992

am. No. 81, 1994

S. 164H............................ ad. Act No. 46, 1992

S. 164I.............................. ad. Act No. 46, 1992

am. Nos. 81 and 97, 1994

S. 164J............................. ad. Act No. 46, 1992

am. No. 97, 1994

S. 165............................... rs. No. 21, 1963

am. No. 9, 1965; No. 6, 1982

rs. Act No. 47, 1996

S. 167............................... am. Act No. 47, 1993

S. 168............................... am. No. 41, 1938; No. 6, 1956; No. 19, 1966; No. 30, 1977; No. 1, 1984; Act No. 84, 1993; No. 81, 1994

S. 169............................... ad. No. 41, 1938

am. No. 7, 1955; No. 9, 1965; No. 19, 1966

rs. No. 1, 1984

am. Acts Nos. 47 and 57, 1993; No. 81, 1994

S. 170............................... am. No. 27, 1969; No. 38, 1989

S. 171............................... am. No. 9, 1965

S. 171A............................. ad. Act No. 57, 1993

S. 172............................... am. Acts Nos. 47 and 57, 1993; No. 97, 1994

S. 173............................... am. Act No. 97, 1994

S. 174............................... am. Act No. 47, 1993; No. 97, 1994

S. 175............................... am. No. 41, 1938; No. 11, 1960; No. 19, 1966

rep. No. 13, 1971

S. 176............................... am. No. 41, 1938

rs. No. 1, 1955

am. No. 27, 1969; No. 23, 1974; No. 87, 1986; Acts Nos. 47 and 57, 1993; No. 7, 1996

S. 177............................... am. No. 9, 1965; Act No. 47, 1993

S. 178............................... am. No. 13, 1943; Act No. 47, 1993; No. 97, 1994

S. 180............................... am. Act No. 47, 1993

Heading to Part XIA......... ad. Act No. 109, 1991

Part XIA (ss.180A-180F,   rep. 1999 No 50 s 13

180FA, 180FB, 180G,

180H, 180L-180N)

Part 11A (ss 180A-180M,. ad. 1999 No 50 s 13

180MA-180MW)

S. 180A............................. ad. No. 18, 1983

am. Act No. 41, 1990; Nos. 88 and 109, 1991; No. 44, 1992; No. 47, 1993; No. 97, 1994

rs. 1999 No 50 s 13

Ss. 180B-180E................. ad. Act No. 109, 1991

am. No. 47, 1993

rs. 1999 No 50 s 13

S. 180F............................. ad. Act No. 109, 1991

am. No. 47, 1993; No. 47, 1996; No. 26, 1998

rs. 1999 No 50 s 13

S. 180FA.......................... ad. Act No. 47, 1993

rep. 1999 No 50 s 13

S. 180FB.......................... ad. Act No. 26, 1998

rep. 1999 No 50 s 13

S. 180G............................ ad. Act No. 109, 1991

rs. No. 47, 1993

am. No. 26, 1998

rs. 1999 No 50 s 13

S. 180H............................ ad. Act No. 109, 1991

am. No. 47, 1993; No. 26, 1998

rs. 1999 No 50 s 13

S. 180I.............................. ad. 1999 No 50 s 13

Ss. 180J, 180K................. ad. Act No. 109, 1991

rep. No. 47, 1993

ad. 1999 No 50 s 13

S. 180L............................. ad. Act No. 109, 1991

am. No. 47, 1993

rs. 1999 No 50 s 13

S. 180M............................ ad. Act No. 109, 1991

am. No. 47, 1993; No. 46, 1995

rs. 1999 No 50 s 13

Ss. 180MA-180MW.......... ad. 1999 No 50 s 13

S. 180N............................ ad. Act No. 47, 1993

rep. 1999 No 50 s 13

Part XIB (ss. 180NA, ....... ad. Act No. 57, 1993

180NB,180P-180Z,

180ZA-180ZC)

S. 180NA.......................... ad. Act No. 57, 1993

am. 1999 No. 16 s 28

S. 180NB.......................... ad. Act No. 57, 1993

am. 1999 No. 16 s 29

S. 180P............................. ad. Act No. 57, 1993

am. 1999 No. 16 s 30

S. 180Q ........................... ad. Act No. 57, 1993

am. 1999 No. 16 s 31

S. 180R ............................ ad. Act No. 57, 1993

am. 1999 No. 16 s 32

S. 180S ............................ ad. Act No. 57, 1993

am. 1999 No. 16 s 33

S. 180T ............................ ad. Act No. 57, 1993

am. 1999 No. 16 s 34

S. 180U............................ ad. Act No. 57, 1993

am. No. 47, 1996; No. 52, 1997; 1999 No. 16 s 35

S. 180V............................. ad. Act No. 57, 1993

am. No. 52, 1997; 1999 No. 16 s 36

S. 180W ........................... ad. Act No. 57, 1993

am. 1999 No. 16 s 37

S. 180WA......................... Renumbered by 1999 No. 16 s 42

S. 180X ............................ ad. Act No. 57, 1993

am. 1999 No. 16 s 38

S. 180Y ............................ ad. Act No. 57, 1993

am. 1999 No. 16 s 39

S. 180Z............................. ad. Act No. 57, 1993

am. No. 52, 1997; 1999 No. 16 s 40

S. 180ZA.......................... ad. Act No. 57, 1993

am. No. 54, 1998; 1999 No. 16 s 41

S. 180ZB.......................... ad. Act No. 57, 1993

S. 180ZC ......................... ad. Act No. 57, 1993

am. No. 52, 1997; No. 54, 1998 (relocated and renumbered s. 180WA by 1999 No. 16 s 42)

Part 11C (ss. 180ZD-     ad. 1999 No 50 s 14

180ZK)

Ss. 180ZD-180ZK........... ad. 1999 No. 50 s 14

Heading to Part XII........... ad. No. 9, 1965

S. 181............................... ad. No. 9, 1965

am. No. 9, 1965; No. 3, 1972; Act No. 47, 1993

S. 182............................... am. No. 1, 1955; No. 6, 1956; No. 9, 1965; No. 27, 1969; No. 23, 1974; No. 31, 1985; Act No. 47, 1993

S. 183............................... ad. No. 6, 1956

am. No. 9, 1965; No. 23, 1974; Act No. 47, 1993

S. 184............................... am. No. 1, 1955; No. 9, 1965

rs. 1999 No. 16 s 43

S. 185............................... am. No. 6, 1956

rs. No. 9, 1965

am. No. 9, 1965; No. 23, 1974; Act No. 47, 1993

S. 186............................... ad. No. 41, 1938

am. No. 23, 1974; Act No. 47, 1993

S. 186A............................. ad. No. 11, 1988

am. No. 70, 1988; Act No. 81, 1994

S. 187............................... am. No. 41, 1938; No. 11, 1960; No. 41, 1973

S. 188............................... ad. No. 2, 1943

am. Acts Nos. 47 and 74,1993

S. 189............................... am. No. 41, 1938; No. 13, 1947; No. 17, 1951; No. 6, 1956; No. 11, 1960; No. 9, 1965; No. 27, 1969; No. 4, 1974; Nos. 11 and 15, 1988; Act No. 14, 1990; No. 47, 1993; No. 81, 1994

S. 190............................... ad. No. 17, 1951; Act No. 14, 1990

am. No. 19, 1966; No. 38, 1973; No. 23, 1974; No. 3, 1976; No. 37, 1977; No. 64, 1982; No. 21, 1983; Act No. 14, 1990

S. 190A............................. ad. No. 1, 1973

am. No. 23, 1974; No. 49, 1982; No. 18, 1983; Act No. 37, 1990; Nos. 47 and 57, 1993; No. 81, 1994

S. 191............................... rs. No. 1, 1955

am. No. 23, 1974; No. 49, 1982; Acts Nos. 47 and 57, 1993

Heading to Part XIII.......... ad. No. 9, 1965

Div. 1 of Part XIII .............. ad. Act No. 52, 1997

(ss. 191A-191N)

Ss. 191A-191N................. ad. Act No. 52, 1997

Div. 1A of Part XIII ........... ad. Act No. 26, 1998

(ss. 191NA-191NF)

S. 191NA ......................... ad. Act No. 26, 1998

Ss. 191NB........................ ad Act No. 26, 1998

am. 1999 No 50 s 15

Ss. 191NC-191NF............ ad. Act No. 26, 1998

Heading to Div. 2 of......... ad. Act No. 52, 1997

Part XIII

Ss. 191P, 191Q................ ad. Act No. 52, 1997

S. 191R............................ ad. Act No. 52, 1997

am. 1999 No. 16 s 44

S. 192............................... am. No. 41, 1938; No. 3, 1945; No. 1, 1955

rs. No. 11, 1960

am. No. 19, 1966; No. 1, 1984; No. 67, 1985; Act No. 20, 1989; No. 41, 1990; No. 88, 1991; No. 57, 1993; No. 81, 1994; Nos. 8 and 55, 1997; 1999 No 50 s 16

S. 192A............................. ad. No. 27, 1969

am. No. 13, 1971

rs. No. 16, 1976

am. No. 16, 1977; No. 31, 1981; No. 67, 1985; Act No. 47, 1993

rep. No. 52, 1997

S. 193............................... ad. No. 11, 1960

am. No. 9, 1965; No. 27, 1969

rs. No. 13, 1971

am. No. 16, 1977; No. 2, 1985; Act No. 47, 1993

rep. No. 52, 1997

S. 193A............................. ad. No. 13, 1971

am. No. 16, 1977; No. 2, 1985; Act No. 20, 1989; No. 109, 1991; Nos. 47 and 57, 1993; No. 81, 1994

rep. No. 52, 1997

S. 194............................... am. No. 9, 1965; Act No. 47, 1996

S. 195............................... am. No. 1, 1955; No. 8, 1964; No. 9, 1965; Act No. 47, 1993; No. 97, 1994

S. 196............................... am. Act No. 20, 1989; No. 97, 1994

S. 198............................... am. No. 9, 1965

S. 199............................... rs. No. 41, 1938; No. 6, 1956

am. No. 8, 1964

S. 200............................... ad. No. 1, 1955

am. No. 11, 1960; No. 9, 1965; No. 4, 1974; Act No. 47, 1993; No. 97, 1994

S. 201............................... am. No. 67, 1985; No. 38, 1989

S. 202............................... am. No. 41, 1938; No. 11, 1960; No. 16, 1977; Act No. 47, 1993;
No. 97, 1994; No. 47, 1996

S. 203............................... rs. Act No. 23, 1989

am. No. 97, 1994

S. 204............................... am. No. 9, 1965; Act No. 47, 1993

S. 205............................... am. No. 9, 1965; Act No. 97, 1994

S. 207............................... am. Act No. 47, 1993

S. 208............................... am. No. 23, 1974; Acts Nos. 47 and 57, 1993

S. 209............................... am. No. 41, 1938; No. 9, 1965; No. 19, 1966; No. 37, 1977; No. 64, 1982; No. 21, 1983; No. 38, 1989; Acts Nos. 47 and 57, 1993; No. 76, 1996; No. 8, 1997

S. 210............................... am. No. 19, 1966; No. 21, 1983; No. 38, 1989; Act No. 47, 1993; No. 26, 1996

S. 211............................... am. No. 1, 1955; No. 31, 1978

rs. No. 6, 1986

S. 212............................... am. No. 38, 1989; Act No. 47, 1993

S. 212A............................. ad. No. 34, 1986

S. 213............................... am. No. 6, 1947; No. 6, 1956; No. 9, 1965; No. 21, 1983; No. 38, 1989; Act No. 47, 1993

S. 214............................... ad. No. 13, 1947

am. No. 9, 1965; No. 21, 1983; Act No. 47, 1993; No. 97, 1994

S. 215............................... am. No. 13, 1947; No. 6, 1956; No. 9, 1965; No. 21, 1983; No. 38, 1989;  Act No. 47, 1993

S. 216............................... am. No. 19, 1966; No. 42, 1973; No. 4, 1964; No. 3, 1976; No. 37, 1977; Nos. 6 and 64, 1982; No. 21, 1983; No. 38, 1989; Act No. 47, 1993; No. 47, 1996

S. 216A............................. ad. 1999 No. 16 s 45

S. 217............................... ad. No. 41, 1938

am. No. 19, 1966 (as am. by No. 36, 1967); No. 3, 1976; No. 37, 1977; No. 64, 1982; No. 21, 1983; Act No. 47, 1993; No. 93, 1997; 1999 No 86 s 7

S. 217A............................. ad. No. 21, 1983

am. Act No. 57, 1993

S. 217B............................. ad. No. 45, 1984

am. No. 38, 1989

Ss. 217C, 217D................ ad. Act No. 42, 1991

am. No. 60, 1994

S. 218............................... am. No. 6, 1947; No. 6, 1956; No. 11, 1960; No. 21, 1963; No. 9, 1965; No. 19, 1966 (as am. by No. 36, 1967); No. 21, 1983; No. 1, 1984; No. 38, 1989; Act No. 47, 1993; No. 97, 1994; No. 54, 1998

Part 15 (ss. 219-229)....... ad. 1999 No 50 s 17

Ss. 219-229...................... ad. 1999 No 50 s 17

Heading to The Schedules   rep. Act No. 47, 1993

The First Schedule.......... am. No. 41, 1938; No. 16, 1941; No. 14, 1942; No. 13, 1947; No. 7, 1950; No. 17, 1951; No. 7, 1955; No. 6, 1956; No. 19, 1957; No. 19, 1966 (as am. by No. 36, 1967); No. 2, 1968

rep. No. 42, 1973

First Schedule.................. ad. No. 42, 1973

am. No. 23, 1974

rep. No. 3, 1976

Schedule 1....................... ad. No. 3, 1976

rs. No. 37, 1977

am. No. 40, 1981; No. 64, 1982

rep. No. 21, 1983

Heading to The Second... rep. Act No. 47, 1993

Schedule

Heading to Schedule 2..... ad. Act No. 47, 1993

The Second Schedule..... am. No. 16, 1941; No. 2, 1943; No. 21, 1963; No. 9, 1965; No. 3, 1972; No. 38, 1973; No. 23, 1974; No. 54, 1976; No. 32, 1979; Nos. 31 and 73, 1985; Act No. 37, 1990; No. 47, 1993

Schedule 2....................... am. Act No. 57, 1993; No. 47, 1996

Heading to The Third....... rep. Act No. 47, 1993

Schedule

Heading to Schedule 3..... ad. Act No. 47, 1993

Schedule 4....................... ad. No. 33, 1980

am. Nos. 15 and 44, 1984; No. 2, 1985

Schedule 5....................... ad. No. 33, 1980

Schedule 6....................... ad. No. 18, 1983

am. No. 3, 1986; No. 77, 1986; Acts Nos. 38 and 41, 1990

rep. No. 88, 1991

Schedule 7....................... ad. Act No. 42, 1991

am. No. 46, 1992; Nos. 47, 57 and 84, 1993; Nos. 7, 47 and 83, 1996; Nos. 8, 52, 55 and 59, 1997; 1999 No. 16 s 46; No. 2, 1999; 1999 No 50 s 18; 1999 No 86 s 8

3.  Subsection 26T (2) and section 35 of the Motor Traffic Act 1936 are amended by subsection 3 (1) and Schedule 1 only of the Public Health (Consequential Amendments) Act 1999.  The provisions of the Public Health (Consequential Amendments) Act 1999 applicable to this Act provide as follows:

“Subsection 26T (2)—

Omit “, section 32 and subsections 35 (3) and (4)”, substitute “and section 32,”.

“Section 35—

Repeal the section.”

Section 2 of the Public Health (Consequential Amendments) Act 1999 provides as follows:

“2.     Commencement

This Act commences immediately after the commencement of section 44 of the Public Health (Miscellaneous Provisions) Act 1997.”

As at 23 December 1999 no date had been fixed in pursuance of section 2 and the amendments are not incorporated in this reprint.

4. Section 35 of the Motor Traffic Act 1936 is amended by section 44 and Schedule 3 only of the Public Health (Miscellaneous Provisions) Act 1997. The provisions of Schedule 3 applicable to this Act provide as follows [NOTE]:

“Subsection 35 (1)—

Omit ‘is suffering from any infectious disease’, substitute ‘has a transmissible notifiable condition’.

“Subsection 35 (2)—

Omit ‘was, while in the public motor vehicle, private hire car or restricted hire vehicle, suffering from any infectious disease’, substitute ‘, while travelling therein, had a transmissible notifiable condition’.

“Subsection 35 (3)—

Omit ‘was suffering from the infectious disease’, substitute ‘had the transmissible notifiable condition’.

“Subsection 35 (4)—

Omit ‘suffering from any infectious disease’, substitute ‘while the person had a transmissible notifiable condition’.

“Section 35—

Add at the end the following subsection:

‘(5)  In this section—

“transmissible notifiable condition” has the same meaning as in the Public Health Act 1997.’.”

Subsection 2 (2) of the Public Health (Miscellaneous Provisions) Act 1997  provides as follows:

“(2)The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.”

As at 23 December 1999 no date had been fixed for the commencement of section 44 and Schedule 3 and the amendments are not incorporated in this reprint.

[NOTE]: Section 3 (1) and Schedule 1 of the Public Health (Consequential Amendments) Act 1999 provide for the repeal of section 35 immediately after the commencement of the abovementioned amendments.

table showing new part and section numbers of the motor traffic act 1936 after renumbering by the motor traffic ordinance 1965 (No. 9, 1965)

Old number	New number	Old number	New number	Old number	New number
Section	Section	Section	Section	Section	Section
7A	8	41A	49	41AV	91
8	9	41B	50	41AW	92
9	10	41C	51	41AX	93
9A	11	41F	52	Part V	Part VI
10	12	41G	53	Section	Section
11	13	41H	54	42	94
12	14	41J	55	43	95
13	15	41K	56	44	96
13A	16	41L	57	45	97
14	17	41M	58	46	98
15	18	41N	59	47	99
16	19	41O	60	48	100
17	20	41P	61	48A	101
18	21	41Q	62	49	102
19	22	41R	63	50	103
20	23	41S	64	51	104
21	24	41T	65	52	105
22	25	41U	66	53	106
23	26	41V	67	54	107
24	27	41W	68	55	108
25	28	41X	69	Part VA	Part VII
25A	29	41Y	70	Section	Section
25B	30	41Z	71	55A	109
25C	31	41AA	72	55B	110
26	32	41AB	73	55C	111
27	33	41AC	74	55D	112
27A	34	41AD	75	Part VI	Part VIII
28	35	41AE	76	Section	Section
28A	36	41AF	77	56	113
28B	37	41AG	78	56A	114
29	38	41AH	79	56B	115
30	39	41AJ	80	56C	116
31	40	41AK	81	56D	117
32	41	41AL	82	56E	118
33	42	41AM	83	56F	119
35	43	41AN	84	56G	120
36	44	41AO	85	56H	121
37	45	41AP	86	56J	122
39	46	41AQ	87	56JA	123
40	47	41AR	88	56K	124
41	48	41AS	89	56L	125
Part IVA	Part V	41AU	90	56M	126

Old number	New number	Old number	New number	Old number	New number
Section	Section	Section	Section	Section	Section
56N	127	56AS	160	80	192
56P	128	56AT	161	80A	193
56Q	129	56AU	162	Part VIII	Part XIV
56R	130	56AV	163	Section	Section
56S	131	56AW	164	81	194
56T	132	Part VII	Part XI	82	195
56U	133	Section	Section	83	196
56V	134	57	165	84	197
56W	135	58	166	85	198
56X	136	59	167	86	199
56Y	137	60	168	86A	200
56YA	138	60A	169	87	201
56Z	139	61	170	88	202
Part VIA	Part IX	62	171	89	203
Section	Section	64	172	90	204
56AA	140	65	173	91	205
56AB	141	66	174	92	206
56AC	142	67	175	93	207
56AD	143	68	176	95	208
56AE	144	69	177	96	209
56AF	145	70	178	97	210
56AG	146	72	179	98	211
56AH	147	73	180	99	212
56AJ	148	Part VIIA	Part XII	100	213
Part VIB	Part X	Section	Section	100A	214
Section	Section	73A	181	101	215
56AK	149	74	182	102	216
56AKA	150	74A	183	102A	217
56AL	151	75	184	103	218
56AM	152	76	185	Second	First
56AN	153	76A	186	Schedule	Schedule
56AO	154	77	187	Fourth	Second
56AP	155	77A	188	Schedule	Schedule
56APA	156	78	189	Fifth	Third
56APB	157	78C	190	Schedule	Schedule
56AQ	158	79	191
56AR	159	Part VIIB	Part XIII

©  Australian Capital Territory 2006