Motor Traffic Act 1956 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 6 of 1956.

AN ORDINANCE

I To amend the Motor Traffic Ordinance 1936-1955.

BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the

Commonwealth of Australia, with the advice of the Federal

Seat of Government (Administration)	Act 1910-1955, as follows:—
1.— (1.) This Ordinance may be cited as the Motor Traffic short title and	citati0"-
Ordinance	1956.*

(2.) The Motor Traffic Ordinance 1936-19551 is in this Ordi- nance referred to as the Principal Ordinance.

(•'!.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Motor Traffic Ordinance 1936-1956.

2.— (1.) Subject to this section, this Ordinance shall come commencement,

into operation on the date on which it is notified in the Gazette.

(2.) Sections twenty-nine, thirty and thirty-one of this Ordinance shall come into operation upon the expiration of three months after the date upon which this Ordinance is notified in the Gazette.

(3.) Paragraphs (</), (e), (/) and (h) of section four and sections five, six, thirteen, fourteen, fifteen, sixteen, nineteen, twenty-one, twenty-eight, thirty-six, thirty-eight and thirty-nine of this Ordinance shall come into operation on a date to be fixed by the Minister by notice in the Gazette.

4389/55—PKICE 8D.

(4.) For the purpose of enabling the amendments of the Principal Ordinance made by the .sections referred to in the last preceding sub-section to come into operation on the date specified in that sub-section—

(a) the Registrar may, before that date, grant licences as if the amendments made by those sections had come into operation on the date on which the making of this Ordinance is notified in the Gazette, but a licence so granted shall not have any force or effect until the date specified in the last preceding sub-section; and

* Notified In the Commomcealth Gazette on 19th April. 1956.

^-Ordinance No. 45, 1936, as amended by Nos. 25 and 4 1 ; 1938 ; No. 16, 1941 ; No. 14, 1942: Nos. 2 and 13, 1943 : No. 3. 1945; Nos. 6 and 13, 1947; No. 7, 1950 ; No. 17, 1951 ; and Nos. 1 and 7. 1955.

(i)      regulations may be made under the Pr inc ipa l Ordinance as amended by this Ordinance before the date so specified, but those regulations shall not come into operation unt i l the date so specified.

3 . Section three of the Pr inc ipa l Ordinance is repealed and the

following section inserted in its stead:—•

Part*. " 3. This Ordinance is divided into Pa r t s , as follows:—

Part	I.—Preliminary (sections 1-6).
Part	II.—Registration of, and Licences to Drive, Motor

Vehicles (sections 7-23).

Part III.—Public Motor Vehicles and Private Hire Cars

(sections 24-30).

Part IV.—Traders' Plates (sections 31-41). Part IVA.—Insurance (sections 41A-41AX).

Part V.—General Provisions relating to Motor Vehicles

(sections 42-55).

Part VI.—Rules of the Road (section 56).

Part VII.—Offences (sections 57-80).

Part VIII.—Miscellaneous (sections 81-103).".

Definitions. 4. Section four of the Principal Ordinance is amended— (a) by omitt ing from sub-section (1.) the definition of

" certificate of registrat ion " and insert ing in its stead
the following definition:—

" ' certificate of registrat ion ' means a certificate of registration granted under this Ordinance in respect of a motor vehicle or t r a i l e r ; " ;

(&) by insert ing in sub-section (1 . ) , after the definition of " motor omnibus " the following definition:—

" ' motor omnibus licence ' means a licence granted

by the Regis t rar to use a motor vehicle as a

(c) by omitting from sub-section (1.) the definition of motor omnibus ; " ;

" owner's certificate " ;

(d) by omitting from sub-section (1.) the definition of " private hire ca r" and inserting in its stead the following definitions:—

" 'p r iva te hire car ' means a motor vehicle (other

than a taxi or motor omnibus) which—

(a) does not stand or 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 con- tract which gives the hirer the exclusive use of the vehicle;

' private hire car licence' means a licence granted

" public street ", the following definition:—	vehicle " in sub-section (1.) the words " motor taxi- " ' reflector' means a reflector, reflecting lens, or reflective material, capable of throwing back a red reflection of light from the headlights of a vehicle approaching from the rear so that when the headlights 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 one hundred and fifty feet from the reflector;";
c a r ; " ;
by the Registrar to use a motor car as a private hire
" public hire car " ;

(e) by omitting from sub-section (1.) the definition of

(/) by omitting from the definition of " public motor

cab " and inserting in their stead the word " taxi " ;

(ff) by inserting in sub-section (1.), after the definition of

I

(h) by inserting in sub-section (1.), after the definition of
" repealed Ordinance ", the following definitions:—
" ' t ax i ' 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;

' taxi licence ' means a licence granted by the Regis-
trar to use a motor vehicle as a tax i ;" .

(i) by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-section:—

" (2.) In this Ordinance a reference to a Schedule

shall be read as' a reference to a Schedule

to this Ordinance.".

5. Section nine of the Principal Ordinance is amended— Granting of

I	(&) by inserting after sub-section (5.) the following sub- to drive a taxi or a private hire car unless the appli- cant produces evidence to the satisfaction of the Registrar that he is—•
(a) by inserting in sub-section (5.) after the word " drive "

the words " a taxi, a private hire car or " ; and

section :—•

" (5A.) The Registrar may refuse to grant a licence
(a) a fit and proper person to hold the licence;

and

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

language.".

4389/55.-2

6 . After section nine of the Pr inc ipa l Ordinance the following section is inser ted:—

Refusal of " 9A. The Registrar may refuse a licence, or the renewal of a

certain persons, licence, to drive a taxi or a pr ivate hire car to any person—

(a) if that person has, at any time, been convicted under the laws 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; I

(b) if he has been convicted of an offence punishable' by
imprisonment for a period exceeding six months; or
(c) if he previously held a licence to drive a taxi or to drive
a private hire car and it was suspended or cancelled.".

7. Section ten of the Principal Ordinance is repealed and the

following section inserted in its stead:—

Medical " 10.—(1.) The Registrar may require a person who is an appli-

examination of , o i • J ? J . I I J » T I

applicants for cant f or a licence or to r the renewal ot a licence or any person who nofdfngXiver's i s licensed to drive a motor vehicle to submit himself for examina- ncences. ^ion by a medical testing officer and, unless the medical testing

officer, after such examination as he considers necessary, certifies
that, in his 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 an omnibus, a taxi, or a private hire car to submit himself for examination by a medical testing officer and, unless the medical testing officer, after such examination as he considers necessary certifies that he has on the date of the certificate person- ally examined that person, knowing him to be an applicant for, or the holder of, a licence to drive a vehicle of that class, and that,

passengers and of the public generally, that person is a medically	in his opinion, having proper regard to the health and safety of
fit and proper person to be employed as the driver of an omnibus, a taxi or a private hire car, the Registrar shall refuse to grant or renew the licence or shall cancel the licence.".

Fees. 8 . Section twelve of the Pr inc ipa l Ordinance is amended b;

omitting the proviso to sub-section (1 . ) .	•
9 . Section thi r teen of the Pr inc ipa l Ordinance is repealed and the following sections inserted in its s tead :—

Driving licence	" 13. The person to whom a licence to drive a motor vehicle the licence for the signature of the licensee.
to be signed.	has been granted shall sign his name in the place set apa r t o:

i

Pe na l t y :  Five pounds.

" 13A. When a motor vehicle is registered under this Ordinance, certificates of

the Eegistrar shall grant to the owner of the motor vehicle a reei,tration-
certificate of registration.".

i

10. Section nineteen of the Principal Ordinance is amended—• sale or disposal

of registered

(a) by omitting from paragraph (b) of sub-section (1.) the motor vehicIes-

words " the owner's certificate and " ;

(&) by omitting from that paragraph the word "each" and

inserting in its stead the word " the " ; and

I

(c) by omitting sub-section (5.) and inserting in its stead

the following sub-section:—
" (5.) If the Registrar approves of the transfer, he shall, on payment by the applicant to the Com- monwealth of a fee of Two shillings and sixpence, transfer the registration of the motor vehicle to the applicant.".

11. Section nineteen A of the Principal Ordinance is repealed, saioor

disposal of an
unregistered
motor vehicle.

12. Section twenty-two

of the Principal Ordinance IS Alteration in

-. ,

description of

a m e n d e d

motor vehicle
or trailer.

(a) by omitting from sub-section (1.) the words " the

owner's certificate or " ;

(fe) by omitting from sub-section (1.) the word "certifi-

cates " and inserting in its stead the word " certifi-
cate

" ;

(c) by omitting from sub-section (2.) the word "certifi-

cates " and inserting in its stead the word " certifi-

cate " ; and

(d) by omitting from sub-section (2.) the word " them " and

inserting in its stead the word " it ".

as a motor omnibus.

13. Section twenty-four of the Principal Ordinance IS licences of

-, -,

public motor

amended—

vehicles.

(a) by omitting sub-section (1.) and inserting in its stead

the following sub-sections:—

" (1.) The Eegistrar may grant to a person—

(a) who intends to use a motor vehicle as a taxi

l

a licence to use the vehicle as a taxi; or
(&) who intends to use a motor vehicle as' a

motor omnibus a licence to use the vehicle

" (1A.) Subject to this Ordinance, the Eegistrar

may, from time to time, renew a taxi licence or motor

t

omnibus licence and may transfer such a licence.";

(Z>) by omitting from sub-section (2.) the words " public hire car " (wherever occurring) and inserting in their stead the word " t a x i " ;

(c) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

" (3.) A taxi licence or a motor omnibus licence granted in respect of a public motor vehicle and every renewal of such a licence shall specify the number of passengers the vehicle may carry.";

(d) by omitting from sub-section (7.) the words " public
hire car licence" and inserting in their stead the
words " taxi licence or a motor omnibus licence " ; and
(e) by omitting from sub-section (9.) the words "public

hire c a r " and inserting in their stead the word

" taxi".

Licence to

use motor car	14. Section twenty-five of the Principal Ordinance is amended—
as private	(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections—•
hire car.

" (1.) The Registrar may grant to a person who intends to use a motor car as a private hire car a licence to use the motor car as a private hire car.

" (1A.) Subject to this Ordinance, the Registrar may, from time to time, renew a private hire car licence and may transfer such a licence.";

(b) by omitting from paragraph (a) of sub-section (2.) the words " public car " and inserting in their stead the word " taxi " ; and
(c) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

" (3.) A private hire car licence and a renewal of such a licence shall specify the number of passengers the vehicle may carry.".

Licences for the

carriage of	15. Section twenty-five A of the Principal Ordinance is (a) by omitting from sub-section (1.) the words "licensed public " and inserting in their stead the word " taxi " ; and
tourists.	amended—

(6) by omitting sub-section (3.).

16. After section twenty-five A of the Principal Ordinance the

following sections are inserted:—

Suspension or " 25B. The Registrar may suspend for any period or cancel (a) the Registrar is satisfied that the vehicle has been used

cancellation of

taxi licence or	a taxi licence or a private hire car licence at any time during the
private hire
car licence.	currency of the licence where—

for an illegal purpose; or

(6) the licence or any transfer of the licence was obtained

by any false statement or misrepresentation; or

(c) the vehicle is not an insured motor vehicle for the

purposes of Part I V A of this Ordinance.

"25c.— (1.) Without limiting the powers conferred by the last cancellation or

preceding section, the Registrar may cancel a taxi licence or a licence where

. -, • T . . , . „ . , licensee or

private hire car licence in the name of any person in any case where applicant has

he is not satisfied that that person lias the use, control and manage- contraband

I

ment of the vehicle.	vSe?mont °f
" (2.) The Registrar may refuse an application by a person for a licence or for the renewal of a licence for a taxi or a private hire car where he is not satisfied that that person has the use, control and management of the vehicle.".

17. Section twenty-seven of the Principal Ordinance is amended Licence to

by omitting sub-sections (4.) and (12.). omnibus service.

18. Section twenty-seven A of the Principal Ordinance is visiting motor

amended by omitting the words " in accordance witJi Form M 111 licence.
the First Schedule " and inserting in their stead the words " to

use the motor omnibus as a motor omnibus in the Territory ".

19. After section twenty-eight of the Principal Ordinance the

following sections are inserted:—

" 28A. The maximum fares chargeable for the hiring of a taxi Taxi fares,

shall be as ascertained in accordance with the Regulations.

" 28B. The Minister may, by notice published in the Gazette, Motor omnibus

fix the maximum fares chargeable for the conveyance of passengers

in a motor omnibus.".

20. Section thirty-one of the Principal Ordinance is amended Licensing of

by omitting sub-section (2.).	traders.
21 . Section forty-one AM of the Principal Ordinance is amended Insurance of

by omitting from sub-sectioas (1.), (3.), (4.), (6.)? (?•) and (9.) vehicles against
the words " public hire ear " (wherever occurring) and inserting in property*"

their stead the word " taxi ".

• 22. Section forty-one AP of the Principal Ordinance is amended Payment by

by omitting from sub-section (2.) the words "this sub-section" defendant,
and inserting in their stead the words " the last preceding sub-

section ".

23. Section forty-one AX of the Principal Ordinance is Exemption of n , visiting motor

amended— vehicles.

(a) by omitting from paragraph (d) the word " o r " ; and

(&) by adding after paragraph (e) the following word and

paragraph:—

" ; or (/) Part V. of the Motor Vehicles Ordinance

1949-1954 of the Northern Territory.".

Change of	24. Section forty-five of the Principal Ordinance is amended—
address.

(a) by omitting from sub-section (1.) the words "owner's

certificate and " (wherever occurring) ; and

(&) by omitting from sub-section (2.) the words "owner's

certificate and ".

Return of	2 5 .	Section forty-eight of the Pr inc ipa l Ordinance is amended—
certificates, &c.f
upon	(a) by omitt ing from sub-section (1.) the words " t h e
cancellation of

registration, &c. owner's certificate in respect of the motor vehicle to
which the certificate of registrat ion relates a n d " ;

(&) by omitt ing sub-section (2.) ; and

(c) by omitt ing from sub-section (3.) the words " the

owner's certificate and ".

Refusal, 2 6 . Section fifty-one of the Pr inc ipa l Ordinance is amended

cancellation o r , - . • - 1 . • / -i \ j .u j ; n • i_

suspension of by inserting m sub-section (1.) the following paragraph:—

licences, &c. , . . . . . . . . . . . . .

(a) cancel the registration of any motor vehicle which is not an insured motor vehicle for the purposes of Part IVA. of this Ordinance;".

Visiting

motor drivers. 27. Section fifty-four of the Principal Ordinance is amended—
(a) by omitting from paragraph (b) of sub-section (1.)
the words " for the time being a party to any con-
vention relating to motor traffic to which the Com-

monwealth is a party " ; and

(b) by inserting in that paragraph after the word " permit "

the words " or a licence ".

Authorized use 28. Section sixty of the Principal Ordinance is amended by

vehMes'as	omitting paragraph (a) and inserting in its stead the following " (a) as a taxi, private hire car or motor omnibus; ' ?
taxis, &c.	paragraph :—

Carriage of	29. Section	seventy-four of the Principal Ordinance is
lamps, lights

and reflectors. amended—•

(«) by omitting from paragraph (a) of sub-section (1.)

the word " and " (last occurring) ; and

(b) by inserting after paragraph (6) of that sub-section the

following word and paragraph:—

" ; and (c) at least two reflectors are carried on opposite sides of the rear of the vehicle or, if a trailer is attached to the vehicle, on the rear of the trailer,";

(c) by omitting from paragraph (ft) of sub-section (2.) the

word " and " ;

(d) by inserting after paragraph (b) of sub-section (2.)

the following paragraph:—

" (ba) a reflector is carried upon the rear of the

motor cycle " ; and

(e) by inserting after paragraph (c) of sub-section (2.)

the following word and paragraph:—

" ; and (d) in the case of a motor cycle to which a side-car is attached, a reflector, in addition to that specified in paragraph {ba) of this sub-section, is carried upon the rear of the side-car,".

30. After section seventy-four of the Principal Ordinance the

following section is inserted:—

" 74A.—(1.) The reflectors shall be so affixed to a motor vehicle Positioning of

other than a motor cycle that— reflectors.

(a) each reflector—

(i) is at the same height from the ground, not being a height exceeding three feet six inches; or

(ii) in the case of a vehicle which is constructed solely or principally for the carriage of goods and so designed or constructed that it would be impracticable to comply with the requirement specified in the last preceding sub-paragraph without affixing the reflector in a position where it would be subject to possible damage in the course of the normal	operations of the vehicle, is at the same height
from the ground, not being a height exceed-
ing five feet;

(b) where the width of the vehicle exceeds seven feet, no part of the vehicle or any loading or equipment on the vehicle, on the side to which the reflector is affixed, projects more than nine inches laterally from the reflector; and

(c) where the width of the vehicle is less than seven feet, no part of the vehicle or any loading or equipment on the vehicle, on the side to which the reflector is affixed, projects more than sixteen inches laterally from the reflector.

" (2.) A person who drives a motor vehicle—

(a) to which reflectors are not affixed in accordance with the

last preceding sub-section;

(b) on the front of which a reflector is affixed; or

(c) on which the reflectors are not kept clean and

unobscured,

shall be guilty of an offence.".

Light to be 31. Section seventy-six of the Principal Ordinance is amended-—

shown after

sunset. (a) by inserting, after the word " unless", the words

" reflectors and " ; and

(6) by omitting the proviso to that section.

speed,	32. Section seventy-eight is amended by inserting, after para-
loading of	graph (j), the following word and paragraph:—
vehicles and
trailers.	" ; or (k) from which, or from a trailer attached to which,

any article or thing falls to the roadway,".

33 . Section eighty-six of the Principal Ordinance is repealed

and the following section inserted in its stead: —

Evidence of	" 86. A certificate of registration in respect of a motor vehicle or trailer shall, in all proceedings under this Ordinance, be prima facie evidence that the person last specified thereon as the owner or the new owner, as the case may be, is the owner of the vehicle or trailer.".
motor vehicles.

ownership of

special licences	3 4 . Section one hundred of the Pr inc ipa l Ordinance is amended	r
for the carriage
of workmen.	by omitt ing from sub-section (1.) the words	, in accordance with
Form K ".

Licence to ply	35 . Section one hundred and one of the Principal Ordinance is
carriage of	amended by omitting from sub-section (1.) the words" , in accord-
BOOds
-	ance with Form L.".
Regulations.	36. Section one hundred and three of the Principal Ordinance

is amended—

(a) by omitting from paragraph (i) the words " and the

amount which	may be charged for any such
carriage	" ;

(6) by omitting paragraphs (n), (o) and (p) and inserting

in their stead the following paragraph:—

" (w) the payment of the fares fixed by or under

this Ordinance for the hire or use of public

motor vehicles and private hire cars;" .

First	37. The First Schedule to the Principal Ordinance is repealed.
Schedule.
38. The Second Schedule to the Principal Ordinance IS Second	Schedu:

amended—

(a) by omitting from sub-paragraph (&) of paragraph 4 the words " public hire car " and inserting in their stead the word " t a x i " ; and

(b) by omitting from sub-paragraph (ii) of paragraph 5 the words " Public hire car " and inserting in their stead the word " Taxi".

39. The Third Schedule to the Principal Ordinance is Third

Schedu

amended—

(a) by inserting after paragraph (1) the following para-

graph :—

" ( 1 A ) Taxis—
A metal plate coloured green with the letters A.C.T.

TX and the figures of the number in whi te . ' ; and

(b) by omitting from paragraph (2) the words "Public Motor Vehicles other than Motor Omnibuses" and inserting in their stead the words " Private Hire Cars ".

Dated this eleventh day of April, 1956.

W. J. SLIM
Governor-General.

By His Excellency's Command,

ALLEN FA1RHALL

Minister of State for the Interior.

By Authori ty. A. J . ARTIIKJB, Commonwealth Government Printer, Canberra.