Motor Traffic (Amendment) Act 1951 (NSW)

MOTOR TRAFFIC (AMENDMENT) ACT.

Act No. 59, 1951.

An Act to amend the Motor Traffic Acts, 1909- 1949, the Crimes Act, 1900, the Motor Vehicles (Third Party Insurance) Act, 1942, and certain other Acts; and for purposes connected therewith. [Assented to, 28th December, 1951.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the "Motor Traffic (Amendment) Act, 1951".
(2) The Motor Traffic Act, 1909, as amended by subsequent Acts and by this Act, may be cited as the Motor Traffic Act, 1909-1951.
(3) The Motor Vehicles (Third Par ty Insurance)
Act, 1942, as amended by this Act, may be cited as the
Motor Vehicles (Third Par ty Insurance) Act, 1942-1951.
(4) The State Transport (Co-ordination) Act, 1931,
as amended by subsequent Acts and by this Act, may be

cited as the State Transport (Co-ordination) Act, 1931-

(a) a penalty not exceeding fifty pounds, where the conviction is for the offence of driving a motor vehicle upon a public street negligently; (b)

1951.

2 . (1) The Motor Traffic Act, 1909, as amended by subsequent Acts, is amended—

(a) by inserting at the end of section four the following new subsection:—

(3) A person convicted of an offence under

this section shall be liable to—

(b) a penalty not exceeding one hundred pounds or imprisonment for a period not exceeding six months or both such penalty and imprisonment, where the conviction is for the offence of driving a motor vehicle upon a public street, furiously, or recklessly, or at a speed or in a manner which is dangerous to the public.

(b)	by omitting from subsection two of section five the words "twelve months" and by inserting in lieu thereof the words "six months" ;
(c)	by omitting from section 5A the words "or section 526B of the Crimes Act, 1900";
(d)	by inserting next after section seven the following new section:—

7A. (1) In this section "dr iver ' s license" means a driver's license under this Act or the Transport Act, 1930, as amended by subsequent Acts.

(2) Where by or under any Act a person is disqualified for holding or obtaining a driver 's license or his driver's license is suspended or cancelled or an application by him for a driver 's license is refused and he—

(a) during the period of disqualification drives a motor vehicle upon a public

street;

(b)	during the period of suspension drives upon a public street a motor vehicle of the class to which the driver's license so suspended relates;
(c)	after such cancellation or refusal drives upon a public street a motor vehicle of the class to which the license so cancelled or the application so refused related without having subsequently obtained a driver's license for a motor vehicle of that class;

(d)

(d)	during the period of disqualification makes application for a driver's license and in respect of the application states his name falsely or incorrectly or omits to mention such disqualification;
(e)	during the period of suspension makes application for a driver's license for a motor vehicle of the class to which the driver's license so suspended relates and in respect of such application states his name falsely or incorrectly or omits to mention such suspension; or
(f)	after such cancellation or refusal makes application for a driver's license for a motor vehicle of the class to which the license so cancelled or the application so refused related and in respect of the application states his name falsely or incorrectly or omits to mention such cancellation or refusal,

ho shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for a period not exceeding six months or to both such penalty and imprisonment:

Provided that where after such cancellation or refusal a person has obtained a driver's license for a motor vehicle of the class to which the license so cancelled or the application so refused related by means of an application which stated his name correctly and mentioned such

cancellation or refusal, it shall not be necessary	for such person to mention such cancellation or
refusal in any application for a driver's license for a motor vehicle of that class made by him after he has so obtained the driver's license.
(3) Where a person is convicted of an offence under paragraph (a) or paragraph (b) or paragraph (d) or paragraph (e) of subsection two of this section, he shall be disqualified by such conviction and without any specific order for a period of six months from the date of

expiration

expiration of the existing disqualification or suspension or from the date of such conviction, whichever is the later, for holding a driver 's license and may also be disqualified, for such additional period as the court may order, for holding a driver's license.

(4) The disqualification referred to in subsection three of this section shall be in addition to any penalty imposed upon the conviction.

(5) If the person convicted is the holder of a driver's license such license shall, during the period of the disqualification, be of no effect and such person shall forthwith after conviction deliver the license to the Commissioner. If the license is not so delivered, such person shall be guilty of an offence under this Act.

(e) (i) by omitting from subsection two of section eight the words "twelve months" and by inserting in lieu thereof the words "s ix months ' ' ;

(ii)   by omitting from subsection three of the same section the words "five pounds" and by inserting in lieu thereof the words " t en pounds" ;

(iii) by inserting in paragraph (c) of the same subsection after the word "g iven" the words "by h im" ;

(iv)   by omitting from subsection four of the same section the words "five pounds" and by inserting in lieu thereof the words " t en pounds" ;

(f) (i) by inserting in subsection one of section ten after the words "subject t o " the words "subsection three of section 7A of this Act a n d " ;

(ii)

(ii)   by omitting paragraph, (a) of subsection

(3A) of the same section and by inserting in

lieu thereof the following paragraph:—

(a) Where a person is, in respect of the death of or bodily harm to any other person caused by or arising out of the use of a motor vehicle driven by such first-mentioned person at the time of the occurrence out of which such death or harm arose, convicted of the crime of murder or manslaughter or of an offence under section thirty-three, thirty-live, fifty-three or fifty-four or any other provisions of the Crimes Act, 1900, as amended by subsequent Acts, or is convicted of the offence under section four of this Act of driving a motor vehicle upon a public street furiously or recklessly or at a speed or in a manner which is dangerous to the public, or of an offence under subsection two of section five of this Act, or of an offence under subsection one of section eight of this Act, or is convicted of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any such crime or offence then—

(i)   if, at the time of such conviction or during the period of five years immediately before such conviction (whether such period commenced before or commences after the

commencement of the Motor Traffic

(Amendment) Act, 1951), such person is not or has not been convicted of any other crime or offence (whether of the same or a different kind) of the class referred to in this paragraph, he shall be disqualified by such conviction and without any specific order for a period of one year from the date of such conviction for holding a driver's license under this Act or under the Transport Act, 1930,

as

as amended by subsequent Acts, and may also be disqualified for such additional period as the court may order for holding any such license;

(ii)   if, at the time of such conviction or during the period of live years immediately before such conviction (whether such period commenced before or commences after the commencement of the Motor Traffic (Amendment) Act, 1951), such person is or has been convicted of one or more other crimes or offences (whether of the same or a different kind) of the class referred to in this paragraph, he shall be disqualified by such conviction and without any specific order for a period of three years from the date of such conviction for holding a driver 's license under this Act or under the Transport Act, 1930, as amended by subsequent Acts, and may also be disqualified for such additional period as the court may order for holding any such license.

(iii)   by inserting at the end of the same section the following new subsection:—

Crimes Act, 1900, as amended by subsequent (5) The provisions of section 556A of the

Acts, shall not apply where a person is

charged before a court with the offence under section four of this Act of driving a motor vehicle upon a public street furiously or recklessly or at a speed or in a manner which is dangerous to the public, or with an offence under subsection two of section five of this Act, or with an offence under subsection one of section eight of this Act, or with aiding, abetting, counselling or procuring the commission of any such

offence,

offence, if at the time of or during the period of five years immediately before the court's determination in respect of the charge (whether such period commenced before or commences after the commence­ ment of the Motor Traffic (Amendment) Act,

1951), the provisions of the said section 556A

are or have been applied to or in respect of such person in respect of a charge for another offence (whether of the same or a different kind) of the class referred to in this subsection.

(g) by omitting from the Schedule the two items relating to t raders ' plates and by inserting in lieu thereof the following items:—

Trader 's plate for use as prescribed on a motor vehicle other than a motor cycle —Fee, at the rate of thirteen pounds fifteen shillings yearly.

Trader 's plate for use as prescribed on a motor cycle—Fee, at the rate of three pounds three shillings and six pence yearly.

(2) (a) Where at the commencement of the Motor Traffic (Amendment) Act, 1951, a t rader 's plate is in issue to any person the Commissioner for Road Trans­ port and Tramways may request such person to pay to the Commissioner for Road Transport and Tramways, within a time specified in the request, an additional fee in respect of the trader 's plate calculated at the rate of one-twelfth of the difference between the fee applicable	thereto before such commencement and the fee applicable	thereto after such commencement for each month or part
thereof in the period between such commencement and the expiration of the period for which the trader 's plate was issued. If such person fails to comply with such request he shall be liable to a penalty not exceeding twenty pounds.
(b) The provisions of section nineteen of the Motor Traffic Act, 1909-1951, shall apply to and in respect of the penalty imposed by paragraph (a) of this subsection as if such pena l ty were imposed by tha t Act.

(c)

(c) The provisions of section twenty of the Motor Traffic Act, 1909-1951, shall apply to and in respect of any additional fee payable under paragraph (a) of this subsection as if the additional fee were a prescribed fee within the meaning of that section.

3 . The Metropolitan Traffic Act, 1900, as amended by

subsequent Acts, is amended—

(a)	by omitting from subsection three of section 13B
the words "five pounds" and by inserting in lieu thereof the words " ten pounds" ;
(b)	by inserting in paragraph (c) of the same subsection after the word "g iven" the words
"by h im" ;
(c)	by omitting from subsection four of the same section the words "five pounds" and by inserting in lieu thereof the words " ten pounds".

4 . The Crimes Act, 1900, as amended by subsequent

Acts, is amended—

(a)	by omitting from section four hundred and thirty-seven the words "five hundred pounds" and by inserting in lieu thereof the words "one
thousand pounds" ;
(b)	by omitting section 526B and the short heading thereto;

(c) by omitting from subsection three of section five hundred and fifty-four the words "fifty pounds" and by inserting in lieu thereof the words "one hundred and fifty pounds".

5. The Motor Vehicles (Third Par ty Insurance) Act,

1942, is amended—

(a) (i) by inserting in subsection four of section

fifteen after the words " a s the authorised

insurer h a s " the word "p rope r ly" ;

(ii)

(ii)   by inserting in subsection five of the same section after the words " a s the authorised

insurer h a s " the word "p roper ly" ;

(b) by inserting in paragraph (b) of section seven­ teen after the words "any sum" the word "p rope r ly" ;

(c) (i) by inserting in subsection one of section
thirty after the words " a n uninsured motor
vehicle" the words "upon a public s t ree t" ;

(ii)   by inserting at the end of subsection one of the same section the following words:—

Where the date of the occurrence out of which any such claim arises is not earlier than three months after the commencement of the Motor Traffic (Amendment) Act, 1951, no action to enforce such claim shall lie against the nominal defendant unless notice of intention to make a claim is given by the claimant to the nominal defendant—

(a)	in the case of an action for the recovery of any amount referred to in subsection one of section twenty-six of the Act—within the time prescribed by subsection two of that section;
(b)	in any other case—within a period of three months after the occurrence out of which the claim arose, or within such further period as the court, upon sufficient cause being shown, may
allow.

(iii)   by inserting in paragraph (a) of subsection two of the same section after the words " a motor vehicle" the words "upon a public s t ree t" ;

d) (i) by inserting in subsection one of section

thirty-two after the words "Any amount"

the word "p rope r ly" ;

(ii)   by inserting in the same subsection after the

word "expenses" the word "p rope r ly" ;
(e)

(e) by inserting next after section thirty-eight the following new section:—-

38A. (1) The provisions of the Common Law Procedure Act, 1899, as amended by subsequent Acts, the District Courts Act, 1912, as amended by subsequent Acts, and of any rule of court made under either of those Acts, as so amended, under which a defendant or one or more of several defendants may, with or without a defence denying liability or with or without filing a notice denying liability, pay into court a sum of money by way of compensation or amends or in satisfaction of the plaintiff's claim or any part

thereof, shall not apply to or in respect of any
action—

(a)	in which damages are claimed in respect of the death of or bodily injury to any person caused by or arising out of the use of an insured or uninsured motor vehicle; or
(b)	in which damages are claimed in respect of the death of or bodily injury to any person caused by or arising out of the use of an insured or uninsured motor vehicle as well as in respect of any other matter.

(2) In this section—

"insured motor vehicle" means a motor vehicle in relation to which there is in force at all material times a third-party policy;

"motor vehicle" means any motor car, motor carriage, motor-cycle or other vehicle pro­ pelled wholly or partly by any volatile spirit, steam, gas, oil or electricity, or by any means other than human or animal power, and includes a trailer, but does not include any vehicle used on a railway or tramway;

"uninsured motor vehicle" means—

(a) a motor vehicle which is not an insured motor vehicle; or

(b)

(b) a motor vehicle which, under sub­ section six of section ten of this Act, is deemed to be an uninsured motor vehicle.

6. The Law Reform (Miscellaneous Provisions) Act, 1946, is amended by inserting at the end of subsection three of section live the following word and new paragraph:—

; and

(c) the expression "any tort-feasor" in paragraph (c) of subsection one of this section includes the nominal defendant, and an authorised insurer, acting as such under and for the purposes of the Motor Vehicles (Third Party Insurance) Act, 1942-1951.

7. The State Transport (Co-ordination) Act, 1931-

1950, is amended—

(a)	by inserting in subsection one of section three
next after the definition of " D r i v e r " the

following new definition:—

"Drive-yourself vehicle" means any motor vehicle which is let for hire (otherwise than under a hire-purchase agreement) without the services of a driver.

(b) by inserting next after section 3A the following new section:—

declare that, as from a date to be specified in the 3B. (1) The Governor may by regulation

regulation the provisions of this Act or such of

those provisions as may be specified in the regulation shall, subject to the modifications and adaptations referred to in subsection two of this section, apply to and in respect of drive- yourself vehicles or such class or classes of drive-yourself vehicles as may be specified in the regulation.

(2) The regulation shall, by reference to
sections, subsections or otherwise, set out the

provisions

provisions so declared to apply with such modi­ fications and adaptations as the Governor deems necessary for the purpose of such application.

Such adaptations and modifications may include the replacing of references to a "public motor vehicle" by references to a "drive- yourself vehicle" and the replacing of the definition of " O p e r a t e " by the following definition, that is to say, " O p e r a t e " means to let for hire (otherwise than under a hire-purchase agreement).

(c)	by omitting from subsection one of section fourteen the words "of which he is the owner";
(d)	by omitting from subsection five of section seventeen the words " o r the owner of any public motor vehicle so licensed";
(e)	by omitting from subsection six of section eighteen the words " the owner of the public motor vehicle and the licensee jointly and sever­ a l ly" and by inserting in lieu thereof the words
" the licensee";
(f)	by omitting from section twenty-four the word " l icense" and by inserting in lieu thereof the
word ' ' registration' ' ;
(g)	by omitting subsection one of section twenty- eight and by inserting in lieu thereof the following subsection:—
(1) No person shall, except in pursuance of a permit under this Act or under an exemption
granted or declared under this Act, drive or operate or cause or permit to be driven or

operated as a public motor vehicle any motor vehicle unless the motor vehicle is licensed as a public motor vehicle and is used in conformity with the license.

(h) by inserting next after section thirty-eight the following new section:—

38A. (1) Where a person is convicted of any offence arising out of the operation of a public motor vehicle and by reason of or in connection with such offence or such operation any amount

not

aiot exceeding one hundred and fifty pounds is -due and payable by such person to the Commis- sioner for Eoad Transport and Tramways under subsection four or subsection five of section eighteen or under section thirty-seven of this Act, the court, in addition to imposing a penalty on such person for the offence, may order the offender to pay such amount to the clerk of the court within a time to be specified in the order. Any amount so paid shall be paid by the clerk •of the court to such Commissioner.

(2) Any such order shall be deemed to foe a conviction or order whereby a sum of money is adjudged to be paid within the meaning of the Justices Act, 1902-1947.

(3) Where an order has been made under subsection one of this section for the payment of any amount so due and payable, any other remedy which would, but for this subsec- tion, have been available to the Commissioner for Eoad Transport and Tramways apart from this section for the recovery of such amount •shall cease to be available.