Motor Traffic Act 1951 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 17 of 1951.

AN ORDINANCE

To amend the Motor Traffic Ordinance 1936-1950.

E it ordained by the Deputy of the Governor-General in and
over the Commonwealth of Australia, with the advice of the
Federal Executive Council, in pursuance of the powers conferred
by the Seat of Government Acceptance Act 1909-1938, and the

Seat of Government (Administration) Act 1910-1947, as follows:—

1.—(1.) This Ordinance may be cited as the Motor Traffic Sh?rt.^'.e

Ordinance 1951.*

(2.) The Motor Traffic Ordinance 1936-1950 is in this Ordinance

referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance,

may be cited as the Motor Traffic Ordinance 193G-1951.

2. Section four of the Principal Ordinance is amended by Definitions.

omitting from sub-section (1.) the definition of "licensee" and

inserting in its stead the following definition :—

" ' licensee ' means the holder of a licence; ".

3. Section twenty-four of the Princix>al Ordinance is amended— Licences of

public motor

(a) by inserting after sub-section (1.) the following sub- vehicles,

section:—

" (2.) The Registrar shall not grant or transfer a

t public hire car licence—

(a) to the holder of a private hire car licence; or (b) to a person who already holds two public

hire car licences.";

(b) by omitting sub-section (7.) and inserting in its stead

the following sub-sections:—

" (7.) Subject to sub-sections (2.) and (9.) of this section, upon application in accordance with the next succeeding sub-section and payment of a fee of Five shillings, the Registrar may, by indorsement on a public hire car licence, transfer that licence to a person specified in the application and approved by the Registrar.

»

* Notified in the Commonwealth Gazette on 14th December, 1951.

f 5511.—PRICE 5D.

•2

" (8.) An application under the last preceding sub-section shall be made jointly by the proposed transferee and—

(a) the licensee;	9
(b) where the licensee has died—his legal

personal representative;

(c) where the licensee has become insane—the

person administering his property; or

(d) where the licensee has become bankrupt—
the person in whom his property is vested,

and shall be in such form and accompanied by such^» particulars as the Registrar requires. ^ V

" (9.) The Registrar shall not transfer a public <

hire car licence which has been held by the licensee	'
for a period of less than three years unless—

(a) the licensee is deceased;

(b) a medical testing officer certifies to the Registrar that the physical or mental con- dition of the licensee is such that transfer of the licence is advisable; or	'
(c) the Registrar is satisfied that there are exceptional circumstances warranting a transfer.".

Licence to use	4. Section twenty-five of the Principal Ordinance is amended—
motor car as
private hire	(a) by omitting sub-section (2.) and inserting in its stead the following sub-section:—
car.

" (2.) The Registrar shall not grant or transfer a private hire car licence—

(«) to the holder of a public car licence; or (b) to a person who already holds two private

hire car licences.";

(b) by omitting sub-section (6.) and inserting in its stead t

the following sub-sections:— " (6.) Subject to sub-sections (2.) and (8.) of this

section, upon application in accordance with the next

succeeding sub-section and payment of a fee of Five shillings, the Registrar may, by indorsement on a private hire car licence, transfer that licence to a person specified in the application and approved by the Registrar.

" (7.) An application under the last preceding sub-section shall be made jointly by the proposed transferee and—

(a) the licensee;

(b) where the licensee has died—his legal per-

sonal representative:

::>

(c) where the licensee has become insane—the

person administering his property; or

(d) where the licensee has become bankrupt—the

person in whom his property is vested,

and shall be in such form and accompanied by such
particulars as the Registrar requires.

'' (8.) The Kegistrar shall not transfer a private hire car licence which has been held by the licensee for a period of less than three years unless—

(a) the licensee is deceased;
(b) a medical testing officer certifies to the

Registrar that the physical or mental con- dition of the licensee is such that transfer of the licence is advisable; or

(c) the Registrar is satisfied that there are exceptional circumstances warranting a transfer.".

5. After section twenty-seven of the Principal Ordinance the

following section is inserted:—

omnibus which is registered in a part of the Commonwealth other See"8 "27A.—(1. ) The Registrar may grant to the owner of a motor visiting motor

than the Territory (in this Ordinance referred to as a 'visiting motor omnibus') a licence in accordance with Form M in the First Schedule (in this Ordinance referred to as a ' visiting motor omnibus licence')* and may renew that licence from time to time.

" (2.) Before the grant or renewal of a licence under this
section, payment shall be made to the Commonwealth of the fees

prescribed in the Second Schedule which are applicable to the case.

" (3.) A visiting motor omnibus licence—

(a) shall specify the number of passengers the omnibus may

carry; and

(b) is subject to such conditions as are specified on the

licence.

" (4.) The owner or the driver of a visiting motor omnibus

shall not—

(a) carry or permit to be carried in the omnibus passengers

in excess of the number specified in the licence; or

(6) use the omnibus or permit it to be used in contravention

of the conditions specified on the licence.".

6. Section seventy-eight of the Principal Ordinance is safety

precautions.

amended—

(a) by omitting from sub-paragraph (iii) of paragraph (d) the word " and " (last occurring) and inserting in its stead the word " or " ;

(ft) by omitting sub-paragraph (iv) of paragraph (d); and

(c) by omitting paragraph (j) and inserting in its stead

the following paragraph:—

" (j) in or on which, or in or on a trailer attached to which, is carried a load or other thing which is so distributed, placed or carried as to cause or be likely to cause injury or damage to, or to endanger the safety of, a person on the vehicle or trailer, or persons, animals, property or things on the public street,".

7. After section seventy-eight B of the Principal Ordinance the following section is inserted:—

widthofmotor	"78c.— (1.) A person shall not, except in accordance with a permit granted by the Registrar, drive a motor vehicle upon a public street if the width of that vehicle or of a trailer attached thereto (including a load or other thing carried in or on the vehicle or trailer), measured between its extreme projecting points, exceeds eight feet.
" (2.) A permit under this section may be granted upon pay- ment of a fee of One shilling and on such conditions and for such purposes as are specified in the permit.".
First Schedule.	8. The First Schedule to the Principal Ordinance is amended by adding at the end thereof the following form:—

" [Front of Form.]

FORM M.

(Section 27A. )

T H E AUSTRALIAN CAPITAL TERRITORY.

Licence No Expiry Date

Motor Traffic Ordinance 1936-1951.

VISITING MOTOR OMNIBUS LICENCE.

This is to certify that of

in the State of , the owner of Motor Omnibus No. ,

the description of which is as follows: —

1. Make	5. Engine No
2. Year	6. Horse-power
3. Type of body	7. Seating capacity
4. Colour

is licensed to use that motor omnibus upon public streets in the Australian Capital Territory as a motor omnibus for the carriage of persons for reward or otherwise. This licence is subject to the conditions set forth on the back hereof and remains in force until the expiry date shown above.

Registrar of Motor Vehicles.

any amendments thereof, and the Regulations for the time being in force there-This licence is issued subject to the Motor Traffic Ordinance 1936-1951 and

under. If not suspended or cancelled this licence must be returned within seven

days of the date of expiry to the Registrar of Motor Vehicles. Canberra.

'•' [Back of Form.]

CONDITIONS.".

9. The Second Schedule to the Principal Ordinance i s Second

Srhedule-

amended—

I

(a) by omitting the proviso to sub-paragraph (ii) of para-

graph (a) of sub-clause (1.) of clause 1;

(6) by omitting the proviso to sub-paragraph (ii) of para-

graph (&) of that sub-clause;

I (c) by inserting after sub-clause (2.) of clause 1 the tractor owned by a farmer and used solely for the carting of his own produce and not let out on hire, the rate shall be one half of the rate which would, apart from this sub-clause, be applicable under sub- clause (1.) or (2.) of this clause."; and following sub-clause:—

" (2A.) In the case of a motor lorry or motor

(d) by inserting after clause 5 the following clause:—

" 5A. Visiting motor omnibus licence or renewal

thereof—

£ s. d.

(a) for a period of not more than

seven days . . . . 2 6

(b) for a period of one year . . 1 0 0".

10. The Third Schedule to the Principal Ordinance is Third schedule,

amended—

(a) by omitting the word " enamelled" (wherever

occurring) and inserting in its stead the word

" coloured " ;

(6) by omitting the word "black" in paragraph (1) and

inserting in its stead the word " blue " ; and

* (c) by adding at the end thereof the following paragraph:—

" (12) Goods Vehicles—

A metal plate coloured green with the letters p

A.C.T. - and the figures of the number in white.".

Dated this fourteenth day of December, 1951.

J. NORTHCOTT

Deputy of the Governor-General.

By His Excellency's Command,

W. S. KENT HUGHES

Minister of State for the Interior.

By Authori ty: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.

5511.—2