Motor Traffic Act (No 3) 1971 (ACT)

N o . 37 of 1971

AN ORDINANCE

Relating To Motor Traffic.

I THE GOVERNOR-GENERAL in and over the Commonwealth Council, hereby make the following Ordinance under the Seat of

, of Australia, acting with the advice of the Federal Executive

Government (Administration) Act 1910-1970.

Dated this sixteenth day of December, 1971.

PAUL HASLUCK Governor-General.

By His Excellency's Command,

RALPH J. HUNT

Minister of State for the Interior.

MOTOR TRAFFIC ORDINANCE (No. 3) 1971

1.—(1.) This Ordinance may be cited as the Motor Traffic Ordinance (No. 3) 1971.*

(2.) The Motor Traffic Ordinance 1936-1970f as amended by the Motor Traffic Ordinance 1971$ and the Motor Traffic Ordinance (No. 2) 1971,§ is in this Ordinance referred to as the Principal Ordinance.

(3.) Section 1 of the Motor Traffic Ordinance (No. 2) 1971 is amended by omitting sub-section (3 . ) .

§ Ordinance No. 17, 1971.

(4.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Motor Traffic Ordinance 1936-1971.

2. Section 3 of the Principal Ordinance is amended by inserting after the words—

" Part VII.—Traffic Signs and Road Markings (Sections

109-112)."

the words—

" P a r t VIIA.—Traffic	Lights (Sections	112A-112J) ." .
•Not i f ied in the Commonwealth	Gazette	on 17 December 1971.

t Ordinance N o . 4S, 1936, as amended bv Nos . 25 and 41, 1938; No. 16, 1941; No. 14, 1942 No« 2 and 13

1943; No . 3. 1945: Nos. 6 and 13, 1947; No. 7, 1950; N o . 17, 1951; Nos. I and 7, 1955; No. 6. 1956' N o 19 1957 Nos. 10 and 15. 195R; Nos. 7 and 21, 1959; No. 11. 1960; Nos. 16 and 17, 1962; No. 21, 1963; No. 8 1964 Nos 9
and 13. 1965; No. 19, 1966; No. 2, 1968: Nos. 27 and 29, 1969; and No. 27, 1970.

I Ordinance No. 13, 1971.

3. Section 4 of the Principal Ordinance is amended by omitting the definition of " traffic island " and inserting in its stead the following definition:—

" ' traffic island ' means—

(a)	an island or dome constructed, placed or erected in accordance with Part VII; or
(b)	an area defined by signs in the form of chevrons placed within unbroken lines marked in accord­ ance with Part VII.;".

4. Section 13A of the Principal Ordinance is amended by omitting
sub-section (2.) and inserting in its stead the following sub-sections:—

" (2.) An application under the last preceding sub-section shall be in writing and lodged with the Clerk of the Court who shall cause notice of the application and of the time fixed for the hearing of the application to be given to the Registrar.

" (2A.) The Registrar shall, before the hearing of the appli­

cation—

(a)	by instrument in writing lodged with the Clerk of the Court, certify that he has no ground under section 10, 11 or 12 of this Ordinance for refusing to grant a driving licence to the applicant; or
(b)	if he has a ground under section 10, 11 or 12 of this Ordinance for refusing to grant to the applicant a driving licence, give, by instrument in writing lodged with the Clerk of the Court, notice that he intends, on the hearing of the application, to oppose the application on the grounds specified in the notice.

" (2B . ) The Registrar shall cause a copy of a certificate referred to in paragraph (a) of the last preceding sub-section or a copy of the notice referred to in paragraph (b) of that sub-section, as the case requires, to be served on the applicant for the special licence.

" (2c . ) Where the Registrar has given notice that he intends to oppose an application for a special licence, the Registrar is entitled to

be represented on the hearing of the application.

" (2D.) The Court, if it is satisfied that—

(a) for the purposes of his employment, the applicant is required to drive a motor vehicle at certain times; and

(b) in all the circumstances it is a proper case to do so,

shall order the Registrar to grant to the applicant a special licence entitling the applicant, in the course of his employment, to drive a motor vehicle of such a class, on such days in the period during which his licence to drive a motor vehicle is suspended or during which he has been disqualified from holding a driving licence, and between such hours on those days, as the Court thinks reasonable and orders to be specified in the special licence, but, if not so satisfied, the Court shall refuse the application.

" (2E.) In the application, for the purposes of this section, of section 11 of this Ordinance, a reference in that last-mentioned sec­ tion to the conviction of a person shall not be read as extending to the conviction of that person referred to in sub-section (1.) of this section.".

5 .— (1.) Section 104 of the Principal Ordinance is amended by omitting sub-section (6.) and inserting in its stead the following sub­ sections:—
" (6.) Any person aggrieved by a decision of the Registrar, made on or after the commencement of this sub-section, refusing to grant or renew a licence or registration or cancelling or suspending a licence or registration may, within fourteen days after notice of the decision is served on him, appeal to the Court against the decision.

" (7.) The Registrar shall be the respondent to an appeal.

" (8.) The Court may—

(a) affirm, set aside or vary the decision of the Registrar;
(b) make such order as to the Court seems proper; and
(c) make such other order as justice requires.

" (9.) The power conferred by the last preceding sub-section includes the power to make an order of the kind that the Court is empowered to make under sub-section (2D.) of section 13A of this Ordinance on an application under that section.

" (10.) On the hearing of an appeal under this section from a decision of the Registrar based upon the opinion or belief of the Registrar in relation to a matter, the Court shall determine the appeal on its opinion or belief in relation to that matter.
" ( 1 1 . ) Where an appeal is made under this section against a decision of the Registrar refusing to renew or cancelling or suspend­ ing a licence or registration, the licence or registration shall, notwith­ standing the Registrar's decision but subject to this Ordinance, be deemed to have continued, and continues, in force pending the deter­

mination of the appeal.".

(2.) Sub-section (6.) of section 104 of the Principal Ordinance continues, notwithstanding the amendments made by the last preceding sub-section, to apply to and in relation to a decision made by the Regis­ trar before the commencement of this section.

6. Section 109 of the Principal Ordinance is amended by inserting in paragraph (c) of sub-section (1.) after the word " i n " the words " Part V I I A . or ".

7.   Section 110 of the Principal Ordinance is amended by—

(a)	inserting after the word "placing," the word "marking,"; and
(b)	by omitting the words " as an indication of" and inserting in their stead the words " for the purpose of indicating ".

8. After Part VII. of the Principal Ordinance the following Part is inserted:—

" P A R T V I I A . — T R A F F I C LIGHTS.

" 112A. The driver of a motor vehicle upon a public street who is approaching, or has stopped immediately before, a traffic sign con­ sisting of—

(a) traffic lights erected on, near or above the public street: and

(b) a road marking comprising a line marked across or partly across the public street at, near or below those traffic lights,

shall not, while the traffic lights are displaying a light of any descrip­ tion specified in the first column of the table in the next succeeding section that is facing the direction opposite to which the motor vehicle is facing, so drive the motor vehicle that there is a contravention of the provisions specified in the second column of that table opposite to the description of that light.

" 1 1 2 B . — (1.) For the purposes of this Part, where, on traffic lights facing the direction opposite to the direction in which a motor vehicle that is approaching, or is stopped before, the traffic lights, is facing, there is displayed a traffic light of a description specified in the first column of the following table, the display of that traffic light is an indication to the driver of the motor vehicle that, while that light is dis­ played, the provisions specified in the second column of that table opposite to the description of that light apply to and in relation to that driver.

Item	D e s c r i p t i o n	o f	light	Prov i s ions	app l i cab le
N o .

1 Red circular light T h e driver shall not proceed b e y o n d the road m a r k i n g appl i cab le in re lat ion to the light

2 A m b e r circular l ight T h e driver shall not proceed b e y o n d the road

m a r k i n g appl icable in re lat ion t o the light

3 A r r o w in red light p o i n t i n g vertical ly T h e driver shall not proceed b e y o n d the road

m a r k i n g appl icable in re lat ion t o the light

4 A r r o w in a m b e r l ight p o i n t i n g T h e driver shall not proceed b e y o n d the r o a d

vertical ly m a r k i n g appl i cab le in re lat ion t o the l ight

5 A r r o w in red l ight p o i n t i n g h o r i z o n ­ T h e driver shall n o t p r o c e e d b e y o n d the road

tally m a r k i n g appl i cab le in re lat ion t o the light in the

d irect ion in w h i c h the arrow is p o i n t i n g

6 A r r o w in a m b e r light p o i n t i n g T h e driver shall not p r o c e e d b e y o n d the r o a d

hor izonta l ly	m a r k i n g appl icable in re lat ion t o the light in the
d irec t ion in which the a r r o w is p o i n t i n g

7 R e d arrow p o i n t i n g at an ang le T h e driver shall not p r o c e e d b e y o n d the road

between the vertical and hor izonta l m a r k i n g appl icable in re lat ion to the l ight in the

d irec t ion that m a k e s w i th the d irec t ion directly

a h e a d an ang le that has a p p r o x i m a t e l y the s a m e n u m b e r o f degrees as has the smal ler o f the ang le s that the d irect ion in w h i c h the arrow is

p o i n t i n g m a k e s wi th the vertical

Item	Descr ip t ion	o f	light	Prov i s ions	appl icable
N o .

8 A r r o w in a m b e r light p o i n t i n g at an T h e driver shall not proceed b e y o n d the road

ang le between the vertical and m a r k i n g appl icable in relation to the light in the

hor izonta l direct ion thai :"nakes with the d irect ion directly ahead an angle that has a p p r o x i m a t e l y the same n u m b e r o f degrees as has the smal ler o f the angles that the direct ion in which the arrow is po int ing m a k e s to the vertical

9 G r e e n circular light T h e driver m a y p r o c e e d —

(«)	in the direct ion that is direct ly a h e a d ; or
(b)	in the direction that is to the left or to the right

10 A r r o w in green light po in t ing T h e driver m a y proceed in the d irec t ion that is

vertically directly ahead

11 A r r o w in green light po in t ing T h e driver m a y proceed in the direct ion in which

hor izonta l ly the arrow is po in t ing

12 A r r o w in green light p o i n t i n g at an T h e driver m a y proceed in the d irect ion that makes

ang le between the vertical and the	with the direct ion directly a h e a d an angle that
hor izonta l	has a p p r o x i m a t e l y the s a m e n u m b e r o f degrees as has the smal ler o f the angles that the direct ion in w h i c h the arrow is po in t ing m a k e s with the vertical

" (2.) In the last preceding sub-section, a reference to the road marking applicable in relation to a light shall be read as a reference to the road marking comprising a line marked across or partly across the public street at, near or below that light.

" 112c. Notwithstanding the last preceding section, where a traffic sign bearing the words ' TURN LEFT A T ANY TIME WITH CARE ' is erected at an intersection or junction of one public street with another public street at which traffic lights are erected, the driver of a motor vehicle approaching that intersection or junction may, subject to the next succeeding section, turn the motor vehicle to his left into another public street at that intersection or junction.

" 1 1 2 D . — ( 1 . ) The driver of a motor vehicle upon a public street shall not, within or near an intersection or junction of that public

street with another public street at which traffic lights are erected—

(a) turn or continue to turn his motor vehicle to his left, whether in the circumstances referred to in section 112c of this Ordinance or otherwise;

(b) turn or continue to turn his motor vehicle to his right; or

(c) having so turned his vehicle, continue to move his vehicle forward within the intersection,

while there is a reasonable possibility that the motor vehicle might collide with another vehicle or person or a dangerous situation might otherwise be created.

" (2.) The last preceding sub-section applies whether or not there
displaying the words 4 W A L K ' in green light, or the words ' DON'T is displayed in association with the traffic lights a traffic sign that is

WALK ' in red light, facing the direction from which the motor vehicle has turned.

" 1 1 2 E . It is a defence to a prosecution for an offence against section 112A of this Ordinance if the defendant satisfies the Court that—

(a)

while he was approaching the traffic lights, the traffic lights facing the direction opposite to the direction in which he was proceeding changed from displaying a circular green light or an arrow in green light to displaying a circular light or an arrow of another colour: and

(b)

having regard to all the circumstances of the case at the time of the change of lights (including his distance from the lights and considerations for the safety of himself, any passengers or his motor vehicle, and any other person and vehicles in the vicinity), he could not have reasonably stopped the motor vehicle before reaching the road marking which, together with the traffic lights, forms the traffic sign referred to in that section.

" 112F. A reference in this Part to a road marking comprising a line marked across or partly across a public street at, near or below traffic lights erected at, near or above an intersection of one public street with another public street shall not be read as including a reference to any line so marked that, together with—

(a) other lines so marked; or

(b) other lines so marked and kerbs or traffic islands,

delineates an area within the intersection.

" 112G. Where—

(a)	traffic lights are erected at, near or above an intersection or junction of one public street with another public street:
(b)	immediately before the intersection or junction, the carriage­ way of any one of those public streets is divided by traffic islands or unbroken lines into traffic lanes for vehicles travelling in the same direction; and

(c) the movement into or through the intersection or junction

is controlled by one set of traffic lights and the movement of motor vehicles in any one or more of those traffic lanes	into or through the intersection or junction of motor
vehicles in the other traffic lane or other traffic lanes is controlled by another set of traffic lights,

each of those traffic lanes shall, for the purposes of this Part, be deemed

to be a public street.

" 112H. Where—

(a)	a public street (in this section referred to as ' the first- mentioned public street ' ) is divided by an area of land or by a traffic island into separate carriageways for vehicles travelling in opposite directions;
(b)	another public street, or each carriageway into which another public street is divided by an area of land or a traffic island intersects both the carriageways into which the first-mentioned public street is divided;

(c)	traffic lights are erected at, near or above those intersections or that intersection and that junction; and
(d)	the carriageways of the other public street that are between the carriageways, within the intersection, of the first-men­ tioned street are divided by an area of land or a traffic island,

then, for the purposes of this Part—

(e) each intersection of the carriageways of the first-mentioned public street with each carriageway of the other public street shall be deemed to be the intersection of one public street with another public street; and

(/) each of the carriageways of the other public street that are referred to in paragraph (d) of this section shall be deemed to be a public street.

" 112J. Where a member of the Police Force in uniform is giving

directions regulating or controlling the movement of traffic—

(a)	entering or passing through an intersection or junction of one public street with another public street at, near or above which there are traffic lights displaying a light of any description specified in the table in sub-section (1.) of section 112B of this Ordinance; or
(b)	approaching, elsewhere than at an intersection or junction of one public street with another public street, traffic lights that are displaying such a light,

sections 1 12A, 112c and 11 2D of this Ordinance do not apply to or in relation to the driver of a motor vehicle that is approaching or is stopped before the traffic lights.".

9. Section 122 of the Principal Ordinance is amended by omitting
paragraph (a) and inserting in its stead the following paragraph:—
" (a) a motor vehicle upon a public street is approaching the

junction or intersection of that public street and another

public street not being—-(i) a junction or intersection at, near or within which	there is erected a traffic sign bearing the words
' GIVE WAY ' and facing in the direction of vehicles approaching the junction or intersection from that other public street;

(ii)   a junction or intersection at, near or above which there are traffic lights displaying a light of any description specified in the first column of the table in sub-section (1.) of section 112B of this Ordin­ ance; or

(iii)   a junction or intersection at which a member of the Police Force in uniform is giving directions regu­ lating or controlling the movement of traffic enter­ ing or passing through the junction or inter­ section;".

10. Section 138 of the Principal Ordinance is repealed.

1 1 . Section 139 of the Principal Ordinance is amended by

omitting paragraph (c) and inserting in its stead the following para­
graph:—

" (c) regulating or controlling—

(i)   the movement of traffic on a public street or of traffic entering or passing through an intersection or junction of one public street with another public street; or

(ii) the stopping or parking of motor vehicles.".