Motor Traffic Act (No 3) 1974 (ACT)

Case
No judgment structure available for this case.

No. 23 of 1974

AN ORDINANCE

Relating to Motor Traffic.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this twenty-eighth day of June, 1974.

PAUL HASLUCK Governor-General.

By His Excellency's Command,

GORDON M. BRYANT

Minister of State for the Capital Territory.

MOTOR TRAFFIC ORDINANCE (No. 3) 1974

1. (1) This Ordinance may be cited as the Motor Traffic Ordinance (No. 3) 1974.*

(2) The Motor Traffic Ordinance 1936-1973,f as amended by the

Motor Traffic Ordinance 1974J and the Motor Traffic Ordinance (No.

2)   1974,§ is in this Ordinance referred to as the Principal Ordinance.

(3) Section 1 of the Motor Traffic Ordinance (No. 2) 1974 is

§ Ordinance N o . 12, 1974.
(b) by omitting from the definition of " headlamp " in sub- section (1) the words " eighty feet" and substituting the figures and word " 25 metres ";
(c) by omitting from the definition of " reflector" in sub- section (1) the words " one hundred and fifty feet" and substituting the figures and word " 50 metres "; and
(d) by omitting from the definition of " the Lake Burley Griffin foreshores" in sub-section (1) the words " one hundred ya rds" and substituting the figures and word " 100 metres".

amended by omitting sub-section ( 4 ) .

(4) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Motor Traffic Ordinance 1936-1974.

2.   Section 4 of the Principal Ordinance is amended—

(a)

by omitting from the definition of " dipped " in sub-section (1) the words " twenty-five feet" and substituting the figures and word " 7 . 5 0 metres ";

* Notified in the Australian Government Gazette on 1 July 1974.
t Ordinance N o . 45, 1936, as amended by Nos . 25 and 41, 1938; N o . 16, 1941; N o . 14, 1942; Nos . 2 and 13,

1943; N o . 3, 1945; Nos . 6 and 13, 1947; N o . 7, 1950; N o . 17, 1951; Nos . 1 and 7, 1955; N o . 6, 1956; N o . 19, 1957; Nos . 10 and 15, 1958; Nos . 7 and 21, 1959; N o . 11, 1960; Nos . 16 and 17, 1962; No. 21, 1963; N o . 8, 1964; Nos . 9 and 13,1965; N o . 19, 1966; N o . 2, 1968; Nos . 27 and 29, 1969; N o . 27, 1970; Nos . 13, 17, 37 and 39, 1971; Nos . 3 and 10, 1972; and Nos. 1, 32, 38, 41, 42 and 57, 1973.

X Ordinance N o . 4, 1974.

3. Section 7A of the Principal Ordinance is amended by adding at the end thereof the following sub-section:—

" (7) Where, in a design rule referred to in Part II of the Second Schedule as in force immediately before the date of commencement of the Motor Traffic Ordinance (No. 3) 1974, there is a reference to a measurement, or unit of measurement, of a physical quantity, being a measurement or unit of measurement that is referred to in the design rule known as " Australian Design Rules—Metrication ", that reference shall be read as a reference to the equivalent measure­ ment, or unit of measurement, as the case may be, ascertained in accordance with the last-mentioned design rule.

4. Section 140 of the Principal Ordinance is amended by omitting the definition of " speed limit sign " and substituting the following definition:—

" ' speed limit s ign ' means a traffic sign inscribed with figures within a red circle;".

5. Section 144 of the Principal Ordinance is amended— (a) by omitting the words " traffic sign inscribed with the
words ' S P E E D LIMIT E N D S ' " and substituting the
words " de-restricting sign ";

(b)

by omitting the word " miles " and substituting the word " kilometres"; and

(c) by adding at the end thereof the following sub-section:—

" (2) In sub-section ( 1 ) , 'de-restricting sign ' means—

(a) a traffic sign inscribed with the words ' SPEED
LIMIT E N D S ' ; or

(b)

a traffic sign bearing a black circle with a straight black diagonal line bisecting the circle, being a line commencing in the lower left quadrant of the circle. ".

6. Section 145 of the Principal Ordinance is repealed and the

following section substituted:—

"145. A person shall not drive upon a public street a motor vehicle the laden weight of which exceeds 3 tonnes, being a motor vehicle other than a motor omnibus, at a speed exceeding the maximum speed ascertained according to the laden weight of the motor vehicle and the location of the public street in the following table:—

Maximum Speed

Laden weight of motor vehicle

In the City

Area Elsewhere
Kilometres Kilometres
per hour per hour
Exceeding 3 tonnes but not exceeding 7 tonnes . . . . 50 80
Exceeding 7 tonnes but not exceeding 13 tonnes . . . . 40 60
Exceeding 13 tonnes . . . . . . . . . . 40 50

7. The First Schedule to the Principal Ordinance is amended by

omitting clause 1 and substituting the following clause:—

$

" 1 . (1) Registration or renewal of registration of a motor

vehicle, being a motor car, motor lorry, motor tractor or public

motor vehicle:—

(a)

motor car or public motor vehicle (other than a motor omnibus)—a fee calculated at the rate of 70 cents per 25.4 kilograms of its weight;

(b) motor lorry—

(i)   of weight not exceeding 2,032 kilograms— a fee calculated at the rate of 70 cents per 25.4 kilograms of its weight;

(ii)   of weight exceeding 2,032 kilograms but not exceeding 4,064 kilograms—a fee cal- culated at the rate of 85c per 25.4 kilo- grams of its weight;

(iii) of weight exceeding 4,064 kilograms—a

fee calculated at the rate of one dollar per

25.4 kilograms of its weight;

(c)

motor omnibus—a fee calculated at the rate of one dollar per 25.4 kilograms of its weight;

(d) motor tractor—

(i)   where the tractor is owned by a farmer and used solely for the carting of his own

produce and not let out on hire . . 4.00
(ii) in any other case . . . . . . 20.00

" (2) In the case of a motor lorry owned by a farmer and used solely for the carting of his own produce and not let out on hire, the fee payable for the registration of the motor lorry is an amount equal to one-half of the fee that would, but for this sub-clause, be payable.".

8. (1 ) The Second Schedule to the Principal Ordinance is

amended—

(a)

by omitting from sub-paragraph 8A (3) (a) (i) of Part I the figures and word " 1/16 inch " and substituting the figures and word " 1.50 millimetres";

(b)

by omitting from paragraph 8A (3) (b) of Part I the figures and word " 1/16 inch " and substituting the figures and word " 1.50 millimetres ";

(c)

by omitting from clause 13 of Part I the figures and words " 8 feet 2 inches" and substituting the figures and word " 2.50 metres "; and

(d)

by omitting from clause 17 of Part I the words " one inch" and substituting the figures and word " 25 millimetres ".

(2) The Second Schedule to the Principal Ordinance is amended—

(a) by omitting from item 3 of Part II the words " ten thousand pounds" and substituting the figures and word " 4.50 tonnes ";
(b) by omitting from item 5 of Part II the words " ten thousand pounds" and substituting the figures and word " 4.50 tonnes";
(c) by omitting from item 19 of Part II the figures and letters " 10,000 lb " and substituting the figures and word " 4.50 tonnes "; and
(d) by omiting from item 20 of Part II the words " ten thousand pounds " and substituting the figures " 4.50 tonnes ".

9. The Principal Ordinance is further amended as set out in the Schedule.

S C H E D U L E section 9
Provision amended Omit— Insert—
Paragraph 7A (2) (b) . . exceeding ten thousand exceeding 4.50 tonne

pounds

exceeds ten thousand exceeds 4.50 tonnes

pounds

Paragraph 9 (1) (a) two tons 2 tonnes
Paragraph 9 (4) (b) . . five and three-quarter 155 millimetres

inches

Paragraph 9 (5) (b) . . five and three-quarter 155 millimetres

inches

Paragraph 10 (2) (a) . . two tons 2 tonnes
Sub-section 14 (2) half hundredweight 25.4 kilograms
Sub-section 48 (1) horse-power engine power
Sub-section 94 (1) horse-power engine power
Section 133 . . TONS TONNES
tons tonnes
Paragraph 136 (3) (c) two hundred feet 60 metres
Paragraph 136 (10) (a) one hundred feet 30 metres
Paragraph 136 (10) (b) one hundred feet 30 metres
Sub-section 139E (7) . . forty-seven degrees 47 degrees Celsius

centigrade

fifty-three degrees 53 degrees Celsius

centigrade

Provision amended Omit— Insert—
Section 141 . . fifteen miles 20 kilometres
Section 143 . . thirty-five miles 60 kilometres
Section 146 forty miles 70 kilometres
Section 147 . . fifteen miles 20 kilometres
Paragraph 147c (2) (a) eighty-seven feet nine 24.929 metres

inches

eight-eight feet three 25.071 metres

inches

Paragraph 158 (c) three feet 1 metre
Paragraph 158 (h) twenty feet 6 metres
Paragraph 158 (j) twenty feet 6 metres
Paragraph 158 (k) fifty feet 15 metres
Sub-section 164 (2) . . twenty feet 6 metres
Sub-section 164A (1) . . ten thousand pounds 4.50 tonnes
Paragraph 164D (1) (d) fifteen miles 20 kilometres
Paragraph 176 (4) (a ) . . two tons 2 tonnes
Paragraph 176 (4) (c) two tons 2 tonnes
Paragraph 176 (4) (f) five and three-quarter 155 millimetres

inches

Paragraph 182 (1) (b) two hundred yards 200 metres
Paragraph 182 (1) (ba) twenty yards 18 metres
Paragraph 182 (1 A) (a) candle power candela
Sub-paragraph 182 (1A) (b) (i) four feet six inches 1.40 metres
Sub-paragraph 182 (2) (a) (i) . . two feet 600 millimetres
Paragraph 182 (2)(b) two hundred yards 200 metres
twenty yards 18 metres
Sub-section 182 (3) . . two hundred yards 200 metres
Sub-paragraph 183 (1) (a) ri) . . three feet six inches 1.10 metres
Sub-paragraph 183 (1) (a) (ii) . . five feet 1.50 metres
Paragraph 183 (1) (b) seven feet 2.2 metres
nine inches 250 millimetres
Paragraph 183 (1) (c) seven feet 2 metres
sixteen inches 410 millimetres
Paragraph 185 (2) (a ) . . two hundred yards 200 metres
Paragraph 185 (2) (c) twenty inches 510 millimetres
Sub-section 185 (4) . . two hundred yards 200 metres
Paragraph 186 (a) twelve feet 3.50 metres
Sub-section 190 (1) . . eight feet two and one- 2.50 metres

half inches

Paragraph 190A (3) (a) twenty-five miles per 40 kilometres per hour

hour

Sub-paragraph 191 (3) (a) (ii) four inches 100 millimetres
six inches 150 millimetres
Section 208 . . one inch 25 millimetres
Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0