Motor Traffic (Amendment) Act (No 2) 1978 (ACT)

No. 31 of 1978

AN ORDINANCE

To amend the Motor Traffic Ordinance 1936

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Adminis- tration) Act 1910.

Dated this twenty-eighth day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

R. ELLICOTT

Minister of State for the Capital Territory

MOTOR TRAFFIC (AMENDMENT) ORDINANCE (No. 2) 1978

1. This Ordinance may be cited as the Motor Traffic (Amendment)

Ordinance ( N o . 2 ) 1978.*

2. In this Ordinance, " Principal Ordinance" means the Motor

Traffic Ordinance 1936.f

3 . Section 112K of the Principal Ordinance is amended by adding at the end thereof the following definition:

" ' p u b l i c transport rou te ' means that part of a public street

1976; Nos. 16, 23, 30, 37, 51 and 59, 1977; and No. 2, 1978.

that is situated between—

(a)	a road marking consisting of the words 'BUSES O N L Y ' marked on the carriageway of the public street; and
(b)	another road marking of the kind referred to in
paragraph ( a ) ,

being road markings between which there does not exist an intersection

constituted by that public street and another public street.".

* Notified in the Commonwealth of Australia Gazette on 10 October 1978.
t Ordinance N o . 45, 1936 as amended by Nos. 25 and 41, 1938; No .16 , 1941; No .14 , 1942; Nos .2and 13, 1943;

No. 3, 1945; Nos. 6 and 13, 1947; No. 7, 1950; N o . 17, 1951; Nos . 1 and 7, 1955; No. 6, 1956; No. 19, 1957; Nos. 10 and 15, 1958; Nos. 7 and 21, 1959; No. 11, 1960; Nos. 16 and 17, 1962; No. 21, 1963; No. 8, 1964; Nos . 9 and 13, 1965; N o . 19, 1966; No. 2, 1968; Nos. 27 and 29, 1969; No. 27, 1970; Nos . 13, 17, 37 and 39, 1971; Nos. 3 and 10, 1972; Nos. 1, 32, 38, 41, 42 and 57, 1973; Nos. 4, 12, 23, 37, 48 and 49, 1974; Nos . 3, 16, 23, 31, 52 and 54.

4. Section 113 of the Principal Ordinance is amended by omitting from sub-section (1) "Except as provided in this Ordinance," and substituting "Except where, in order to comply with sub-section 121 ( 5 ) , the driver of a motor vehicle is required to drive the motor vehicle on the right hand side of a public street, or where otherwise provided by another provision of this Ordinance,".

5. After section 115B of the Principal Ordinance the following section is inserted:

" 1 1 5 c . (1 ) In this section, 'motor vehicle' does not include a local services motor omnibus.

" (2) A person shall not drive a motor vehicle, or permit a vehicle to stand or be parked, upon a public transport route.".

6. Section 116 of the Principal Ordinance is amended by omitting sub-section (1) and substituting the following sub-section:

" (1 ) The driver of a motor vehicle upon a public street shall not drive a motor vehicle so that it crosses a road marking comprising an unbroken line marked longitudinally on the carriageway of the public street—

(a) unless a road marking comprising a broken line is so marked between the unbroken line and the boundary of the carriageway on the left of the public street in the direction in which the motor vehicle is being driven, and immediately beside the unbroken line; or

(b) unless—

(i) the motor vehicle is a local services motor omnibus;

(ii)   the unbroken line forms part of road markings used to divide the carriageway of the public street into traffic lanes for vehicles travelling in the same direc­

tion as that in which the motor vehicle is being

driven; and

(iii)   the motor vehicle is driven across the unbroken line for the purpose of entering a traffic lane on which there appears the words ' BUSES ONLY

7. Section 117 of the Principal Ordinance is amended by omitting from sub-section (1) " T h e driver" and substituting " Except where, in order to comply with sub-section 121 ( 5 ) , the driver of a motor vehicle is required to drive the motor vehicle on the right hand side of a public street, the driver ".

8. Section 120 of the Principal Ordinance is amended by adding at the end thereof the following sub-section:

" (2) Where—

(a)	a motor vehicle is being driven upon a public street;
(b)	the carriageway of the public street is divided into traffic lanes for vehicles travelling in the same direction as that in which the motor vehicle is being driven;
(c)	the motor vehicle is being driven in the traffic lane that is, of those traffic lanes, furthest to the left; and
(d)	at a junction or intersection of that public street and another public street road markings are marked on the carriageway within the junction or intersection showing the course to be followed by a vehicle turning to the left into that other public street from the traffic lane in which the motor vehicle is being driven,

the driver of the motor vehicle shall turn left into that other public

street and, in so turning, shall follow that course.".

9. Section 121 of the Principal Ordinance is amended by adding at

the end thereof the following sub-section:
" (5 ) Where the driver of a motor vehicle on a public street is approaching a traffic sign inscribed with the words ' K E E P R I G H T ' and facing the direction from which the motor vehicle is approaching, the driver shall drive the motor vehicle on the right of the traffic sign.".

10. Section 124 of the Principal Ordinance is amended by adding at the end thereof the following sub-section:

" (2) Where—

(a) a motor vehicle upon a public transport route is approach­ ing a traffic sign that—

(i)    is inscribed with the words ' G I V E WAY ';

(ii)   is erected near the carriageway of the public trans­ port route; and

(iii)   is facing the direction from which the motor vehicle is approaching;

(b)	another vehicle is travelling on the public transport route towards the motor vehicle and in the opposite direction to that in which the motor vehicle is travelling; and
(c)	the circumstances are such that there is a reasonable possi­ bility that the vehicles might collide or that a dangerous situation might otherwise be created,

the driver of the motor vehicle shall either decrease the speed of his motor vehicle to such an extent, or stop his motor vehicle for such time, as is necessary to avoid that possibility or situation.".

11.   Section 211 of the Principal Ordinance is amended—

(a) by omitting " Nothing in this Ordinance " and substituting "Wi th the exception of section 115c, nothing in this Ordinance "; and

(b) by adding at the end thereof the following sub-sections:

" (2) Notwithstanding sub-section ( 1 ) , section 115c does not apply to a vehicle upon a public transport route, or to the driver of such a vehicle—

(a) if the presence of the vehicle upon the route is such as is reasonably necessary for a purpose con­ nected with an accident, vehicle breakdown, fire or other emergency on, or in close proximity to, the route;

(b ) if the vehicle is conveying—

(i)   a member of the Police Force engaged in the execution of his duties;

(ii)   a person performing duties in connection with the provision of a motor omnibus ser­ vice under the Motor Omnibus Services

Ordinance 1955; or

(iii)   a person engaged in the repair or main­ tenance of the route or equipment or facilities associated with the route; or

(c) if the vehicle is conveying an officer or employee of the Australian Capital Territory Electricity Authority engaged in the performance of his duties.

" (3 ) In this section, 'publ ic transport rou te ' has the

same meaning as in Part VIII.".