Motor Traffic (Amendment) Act 1976 (ACT)

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No. 54 of 1976

AN ORDINANCE

Relating to Motor Traffic.

I , T H E G O V E R N O R - G E N E R A L of the C o m m o n w e a l t h of Aust ra l ia , act ing with the advice of the Federa l Execut ive Counci l , hereby m a k e the following Ord inance under the Seat of Government (Adminis­

tration) Act 1910 .

Da ted this twenty-first day of Oc tober , 1976.

J O H N R. K E R R Governor -Genera l .

By His Excel lency 's C o m m a n d ,
A. A . S T A L E Y
Minis ter of Sta te for the Cap i ta l Terr i tory.
M O T O R T R A F F I C ( A M E N D M E N T ) O R D I N A N C E 1976
1. This O r d i n a n c e may be cited as the Motor Traffic (Amend­
ment) Ordinance 1976 .*
2 . In this Ord inance , " Principal O r d i n a n c e " means the Motor
Traffic Ordinance 1936 . f
3 . Section 7 A of the Principal Ord inance is a m e n d e d —
(a) by adding at the end of sub-section (1) the following

def in i t ion:—

" 'specially constructed vehicle ' means a moto r vehicle

o ther t h a n —
5 2 , 1976 .
( a ) a mo to r o m n i b u s ;
( b ) a mult i -purpose passenger car ;
( c ) a passenger car ; o r
( d ) a passenger car der ivat ive." ; and
( b ) by insert ing after pa rag raph ( 2 ) ( b ) the following

p a r a g r a p h : —

" ( b a ) a mo to r vehicle shall be deemed no t to b e a

specially const ructed vehicle w h e r e —
( i ) the Minis ter has , by not ice publ ished in

the Gazette, declared the m o t o r vehicle no t to be a specially const ructed vehicle; o r

N o t i f i e d i n t h e Australian Government Gazette o n 2 7 O c t o b e r 1 9 7 6 .
t O r d i n a n c e N o . 4 5 , 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 . 1 0 a n d 15 , 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 . 1 6 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 . 13 , 17 , 3 7 a n d 3 9 , 1 9 7 1 ; N o s . 3
a n d 10 , 1 9 7 2 ; N o s . 1, 3 2 , 3 8 , 4 1 , 4 2 a n d 5 7 , 1 9 7 3 ; N o s . 4 , 12 , 2 3 , 37 , 4 8 a n d 4 9 , 1 9 7 4 ; a n d N o s . 3 , 16, 2 3 , 31 a n d

(ii)   the motor vehicle is included in a class of motor vehicles that the Minister has, by notice published in the Gazette, declared not to be a class of specially constructed vehicles;".

4. Section 112B of the Principal Ordinance is amended—

(a) by omitting item 1 of the table and substituting the follow­
ing i tem:—
" 1 Red circular light . . The driver shall not proceed beyond the road marking applicable in relation to the light in a direction other than a direction in which the driver is permitted to proceed by virtue of another item of this table";

and

(b) by omitting item 9 of the table and substituting the follow­
ing i tem:—
" 9 Green circular light . . The driver may proceed—

(a)

in the direction that is directly ahead; or

(b)

in the direction that is to the left or to the right, not being a direction in which the driver is prohibited from proceeding by virtue of another item of this table".

5. After section 119 of the Principal Ordinance the following sec­

tion is inserted:—

" 1 1 9 A . (1 ) A person shall not, on a public street, drive a motor

vehicle while a part of the body of a person protrudes from the motor

vehicle.

" (2) Sub-section (1) does not apply to or in relation t o—

(a) a person who is the driver of a motor cycle;

(b)

a person who is giving with his arm a signal that is a prescribed signal for the purposes of sub-section 136 ( 2 ) , 136 (4) or 136 ( 5 ) ; or

(c) a person who is entering, or alighting from, a motor
6. Section 127 of the Principal Ordinance is amended by inserting vehicle.".
in sub-section ( 1 ) , after the words ' " S C H O O L CROSSING'" , the

words " or 'CHILDREN CROSSING' ".
7 . Section 140 of the Principal Ordinance is amended by omitting the definitions of " speed limit sign " and " the City Area " and sub­ stituting the following definition:—

" 'speed limit sign' means a traffic sign inscribed with figures

within a red circle.".

8.   Section 149 of the Principal Ordinance is amended—

(a)

by omitting the definition of " business hours" in sub­ section (1) and substituting the following definition:—

" 'business hours' means—

(a)

the period commencing at 9 o'clock in the morning and ending at half past 5 o'clock in

the afternoon on Monday, Tuesday, Wednesday

and Thursday;

(b)

the period commencing at 9 o'clock in the morning and ending at 9 o'clock in the evening on Friday; and

(c)

the period commencing at 9 o'clock in the morning and ending at 12 noon on Saturday, other than a period on a day that is a public holiday;"; and

(b) by omitting paragraphs (a), (b) and (c) of sub-section (3) and substituting the following paragraphs:—

" (a ) the period commencing at 9 o'clock in the morning and ending at half past 5 o'clock in the afternoon on Monday, Tuesday, Wednesday and Thursday;

(b)

the period commencing at 9 o'clock in the morning and ending at 9 o'clock in the evening on Friday; and

(c)

the period commencing at 9 o'clock in the morning and ending at 12 noon on Saturday, not being a period of time on a day that is a public holiday. ".

9. The Second Schedule to the Principal Ordinance is amended by

adding at the end of Part II the following item:—

"21 1. Motor vehicle manufactured on or after 1 January 1974, Compliance by the
being a passenger car, a passenger car derivative or a motor vehicle with
multi-purpose passenger car the requirements of
2. Motor vehicle manufactured on or after 1 July 1974, being the design rule

a motor vehicle having a petrol-driven engine and not I known as

being— Australian Design
(a) a motor cycle; or Rule No. 28—
(b) a specially constructed vehicle Motor Vehicle
3. Motor vehicle manufactured on or after 1 July 1975, not Noise' ".

being a specially constructed vehicle

10. (1) A section of the Principal Ordinance, as amended by the foregoing provisions, the number of which is specified in Column 1 of Schedule 1, is re-numbered as specified opposite to that number in Column 2 of that Schedule.

(2) A reference in a law of the Territory, or in an instrument or document, to a section of the Principal Ordinance shall, if that section has been re-numbered in pursuance of this section, be read as a reference to that section as so re-numbered.

1 1 . The Principal Ordinance, as amended by the foregoing pro­

visions of this Ordinance (other than the provisions of section 10) , is
amended as set out in Schedule 2.

SCHEDULE 1 Section 10
Column 1 Column 2
Existing number New number
107A . . 108A
107B 108B
107C . . 108c
107D . . 108D
107E 108E
107F . . 108F
107G . . . . 108o
SCHEDULE 2 Section 11
Provision amended Amendments
Section 107D . . . . Omit " 107B or 107c ", substitute " 108B or 108c ".
Section 107E (1) . . . . Omit " 107B or 107c ", substitute " 108B or 108c ".
Section 107E (2) .. . . Omit " 107B or 107c ", substitute " 108B or 108c ".
Section 107E (3) . . . . Omit " 107B (2) " and " 107B ", substitute " 108B (2) " and " 108B "

respectively.

Section 107E (4) . . . . Omit " 107B or 107c ", substitute " 108B or 108c ".
Section 107E (5) . . . . Omit " 107c (2) " and " 107c ", substitute " 108c (2) " and " 108c "

respectively.

Section 107F . . Omit " 107B, 107c or 107E ", substitute " 108B, 108c or 108e ".

Section 107F (d) . .

. .

Omit "section 107B, section 107c, sub-section 107E (2) or sub­ section 107E (4) ", substitute " section 108B, section 108c, sub­ section 108E (2) or sub-section 108E (4) ".

Section 107G (l) . . . . Omit " section 107B or sub-section 107E (2) ", substitute " section

108B or sub-section 108E (2) ".

Section 107G (2) . . . . Omit " section 107c or sub-section 107E (4) ", substitute " section

108c or sub-section 108E (4) ".

Section 107G (3) . . . . Omit "107B, 107c or 107E ", substitute "108B, 108C or 108E ".
Section 107G (4) • • - • Omit " 107B, 107C or 107E " and " 107F ", substitute " 108B, 108C

or 108E " and " 108F " respectively.

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