Motor Traffic Act (No 4) 1974 (ACT)

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No. 37 of 1974
AN ORDINANCE
Relating to Motor Traffic.

I, T H E 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 first day of October, 1974.
JOHN R. KERR Governor-General.

By His Excellency's Command,
GORDON M. BRYANT

Minister of State for the Capital Territory.
M O T O R TRAFFIC ORDINANCE (No. 4) 1974

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

(2 ) The Motor Traffic Ordinance 1936-1973,f as amended by the Motor Traffic Ordinance 1974,J the Motor Traffic Ordinance (No. 2) 1974§ and the Motor Traffic Ordinance (No. 3) 1974| | is in this Ordinance referred to as the Principal Ordinance.

(3 ) Section 1 of the Motor Traffic Ordinance (No. 3) 1974 is 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 Section 3 of the Principal Ordinance is repealed.
3. After Part VI of the Principal Ordinance the following Part is

I O r d i n a n c e N o . 4 , 1 9 7 4 .
{ O r d i n a n c e N o . 12 , 1 9 7 4 .
II O d i n a n c e N o . 2 3 ,

1 9 7 4 .

inserted:—

" PART V I A — D E F E C T NOTICES

"107A. In this Part—
' officer' means—
(a) the Registrar;
(b) an inspector; or
(c ) a member of the Police Force;

' vehicle' means a motor vehicle or trailer.

• N o t i f i e d i n t h e Australian Government Gazette o n 3 O c t o b e r 1 9 7 4 .

t O r d i n a n c e N o . 4 3 , 1 9 3 6 , a s a m e n d e d b y N o s . 2 5 a n d 4 1 , 1 9 3 8 ; N o . 16 , 1 9 4 1 ; N o . 1 4 , 1 9 4 2 ; N o s . 2 a n d 13 ,

1 9 4 3 ;

N o .

3 ,

1 9 4 5 ; N o s .

6

a n d

1 3 . 1 9 4 7 ; N o .

7 ,

1 9 5 0 ; N o .

1 7 ,

1 9 5 1 ; N o s .

1 a n d

7 ,

1 9 5 5 ; N o . 6 ,

1 9 5 6 ; N o .

19 ,

1 9 5 7 ; N o s .

10 a n d

1 5 , 1 9 5 8 ; N o s . 7 a n d 2 1 , 1 9 5 9 ; N o .

1 1 , 1 9 6 0 ; N o s .

16 a n d

17 , 1 9 6 2 ; N o .

2 1 , 1 9 6 3 ; N o .

8,

1 9 6 4 :

N o s .

9

a n d

1 3 , 1 9 6 5 ; N o .

1 9 ,

1 9 6 6 ; N o .

2 ,

1 9 6 8 ; N o s .

2 7

a n d

2 9 ,

1 9 6 9 ; N o .

2 7 ,

1 9 7 0 ; N o s .

1 3 , 17 , 3 7 a n d

3 9 ,

1 9 7 1 ; N o s .

3 a n d

1 0 ,

1 9 7 2 ; a n d

N o s .

1 , 3 2 , 3 8 , 4 1 , 4 2 a n d

5 7 ,

1 9 7 3 .

"107B . (1 ) Where—
(a) a vehicle is upon a public street or a public place; and

(b)

an officer has reasonable grounds for believing that the vehicle or any of its parts or equipment does not comply with the requirements of this Ordinance or the regulations,
the officer may serve upon the owner of the vehicle a notice under this
section.
" (2 ) A notice under this section shall—
(a) be in writing;

(b)

specify the respects in which the vehicle or any of its parts or equipment does not comply with the requirements of this Ordinance or the regulations;

(c)

require the owner of the vehicle to produce the vehicle to the Registrar within fourteen days after the date of service of the notice;

(d)

specify the place at which the vehicle is to be produced to the Registrar; and
(e) be signed by the officer serving the notice.

" (3) A notice under this section remains in force until the vehicle to which the notice relates has been examined by an inspector or the registration of the vehicle is cancelled.
"107c. (1) Where—
(a) a vehicle is upon a public street or a public place; and
(b) an officer has reasonable grounds for believing—
(i) that the vehicle or any of its parts or equipment does not comply with the requirements of this Ordinance or the regulations; and
(ii) that, if the vehicle is not repaired, injury to a person or damage to property is likely to result from the driving or use of the vehicle,

the officer may serve upon the owner of the vehicle a notice under
this section.

" (2) A notice under this section shall—
(a) be in writing;

(b)

specify the respects in which the officer serving the notice believes the vehicle to which the notice relates, or any of its parts or equipment, does not comply with the requirements of this Ordinance or the regulations;

(c)

specify the grounds upon which the officer believes that injury to a person or damage to property is likely to result from the driving of the vehicle;

(d)

direct that, whilst the notice remains in force, the vehicle be not driven or used upon a public street or public place except for the purpose of having the vehicle repaired or producing the vehicle to the Registrar for examination;

(e)

specify the place at which the vehicle may be produced to the Registrar for examination; and
(f) be signed by the officer serving the notice.

" (3) A notice under this section remains in force until the vehicle to which the notice relates has been examined by an inspector or the registration of the vehicle is cancelled.
"107D . A notice under section 107B or 107c may be served upon the owner of a vehicle—

(a) by delivering the notice personally to the owner;

(b) by delivering the notice to a person who is driving the vehicle or appears to be in charge of the vehicle;
(c) by securely placing or affixing the notice upon the motor vehicle in a conspicuous position;
(d) by leaving the notice at the last-known place of residence or business of the owner with a person apparently over the age of sixteen years and apparently an occupant of, or employed at, that place; or
(e) by post addressed to the owner at his last-known place of residence or business.

"107E . (1) Where a vehicle in respect of which a notice under section 107B or 107c has been served is produced to the Registrar at a place specified in the notice, the Registrar shall cause the vehicle to be examined by an inspector.

" (2) Where an inspector who has examined a vehicle in respect of which a notice under section 107B or 107c has been served has reasonable grounds for believing that the vehicle or any of its parts or equipment does not comply with the requirements of this Ordinance or the regulations, the inspector may serve upon the owner of the vehicle a notice under this sub-section.
" (3) Sub-section 107B (2) applies to, and in relation to, a notice under sub-section (2) of this section as if the notice were a notice under section 107B.

" (4) Where an inspector who has examined a vehicle in respect of which a notice under section 107B or 107c has been served has

reasonable grounds for believing—

(a)

that the vehicle or any of its parts or equipment does not comply with the requirements of this Ordinance or the regulations; and

(b)

that, if the vehicle is not repaired, injury to a person or damage to property is likely to result from the driving or use of the vehicle,

the inspector may serve upon the owner of the vehicle a notice under

this sub-section.

" (5) Sub-section 107c (2) applies to, and in relation to, a notice
under sub-section (4) as if the notice were a notice under section 107c.
" (6) A notice under sub-section (2) or (4) may be served upon

the owner of a vehicle by delivering the notice to the person by whom

the vehicle was produced to the Registrar.
25144/79-6

" (7 ) A notice under this section remains in force until it is revoked by an inspector or the registration of the vehicle is cancelled.
" (8 ) Where a vehicle in relation to which a notice under this section is in force is produced to the Registrar for examination, the Registrar shall cause the vehicle to be examined by an inspector.
" (9 ) Where—

(a)

a vehicle in relation to which a notice under this section is in force is produced to the Registrar for examination; and

(b)

an inspector, having examined the vehicle, is satisfied that the vehicle and its parts and equipment comply with the requirements of this Ordinance and the regulations,

the inspector shall revoke the notice.
" 107F. An officer who serves a notice under section 107B, 107C or 107E upon the owner of a vehicle shall affix to the vehicle a label specifying—
(a) the registration number of the vehicle;
(b) the time and date of service of the notice;

(c)

the name and designation of the officer by whom the notice was signed; and

(d)

whether the notice was served under section 107B, section 107c, sub-section 107E (2) or sub-section 107E ( 4 ) .

"107G. (1) Where—

(a)

a notice under section 107B or sub-section 107E (2) is in force in relation to a vehicle; and

(b)

the time within which the owner of the vehicle is required by that notice to produce the vehicle to the Registrar has expired,

a person who drives or uses the vehicle upon a public street or a public
place is guilty of an offence.
" (2 ) A person who drives or uses upon a public street or a public place a vehicle in respect of which a notice under section 107c or sub-section 107E (4) is in force is guilty of an offence.

" (3 ) It is a defence to a prosecution for an offence against sub section (1) or (2) for the defendant to prove—

(a) that he did not know, and had no reasonable means of knowing, that a notice under section 107B, 107C or 107E, as the case may be, had been served upon the owner of the vehicle concerned; or
(b) that the driving or use of the vehicle was reasonably necessary in connexion with the production of the vehicle to the Registrar or the repair of the vehicle.

" (4 ) A person who, while a notice under section 107B, 107C or 107E is in force in respect of a vehicle, removes from that vehicle, or alters or defaces, a label affixed to the vehicle in accordance with section 107F is guilty of an offence.".

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Motor Traffic Act (No 4) 1974 (ACT)

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(b)	specify the respects in which the vehicle or any of its parts or equipment does not comply with the requirements of this Ordinance or the regulations;
(c)	require the owner of the vehicle to produce the vehicle to the Registrar within fourteen days after the date of service of the notice;
(d)	specify the place at which the vehicle is to be produced to the Registrar; and

(b)	specify the respects in which the officer serving the notice believes the vehicle to which the notice relates, or any of its parts or equipment, does not comply with the requirements of this Ordinance or the regulations;
(c)	specify the grounds upon which the officer believes that injury to a person or damage to property is likely to result from the driving of the vehicle;
(d)	direct that, whilst the notice remains in force, the vehicle be not driven or used upon a public street or public place except for the purpose of having the vehicle repaired or producing the vehicle to the Registrar for examination;

(b)	by delivering the notice to a person who is driving the vehicle or appears to be in charge of the vehicle;
(c)	by securely placing or affixing the notice upon the motor vehicle in a conspicuous position;
(d)	by leaving the notice at the last-known place of residence or business of the owner with a person apparently over the age of sixteen years and apparently an occupant of, or employed at, that place; or
(e)	by post addressed to the owner at his last-known place of residence or business.

(a)	that the vehicle or any of its parts or equipment does not comply with the requirements of this Ordinance or the regulations; and
(b)	that, if the vehicle is not repaired, injury to a person or damage to property is likely to result from the driving or use of the vehicle,

(a)	a vehicle in relation to which a notice under this section is in force is produced to the Registrar for examination; and
(b)	an inspector, having examined the vehicle, is satisfied that the vehicle and its parts and equipment comply with the requirements of this Ordinance and the regulations,

(c)	the name and designation of the officer by whom the notice was signed; and
(d)	whether the notice was served under section 107B, section 107c, sub-section 107E (2) or sub-section 107E ( 4 ) .

(a)	a notice under section 107B or sub-section 107E (2) is in force in relation to a vehicle; and
(b)	the time within which the owner of the vehicle is required by that notice to produce the vehicle to the Registrar has expired,

(a)	that he did not know, and had no reasonable means of knowing, that a notice under section 107B, 107C or 107E, as the case may be, had been served upon the owner of the vehicle concerned; or
(b)	that the driving or use of the vehicle was reasonably necessary in connexion with the production of the vehicle to the Registrar or the repair of the vehicle.