Motor Traffic and Transport (Amendment) Act 1956 (NSW)

MOTOR TRAFFIC AND TRANSPORT

(AMENDMENT) ACT.

Act No. 1, 1956.

An Act to make further provisions in relation to the driving of certain heavy motor vehicles; to increase certain fees payable to the Department of Motor Transport; for these purposes to amend the Motor Traffic Act, 1909, and the Transport Act, 1930, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 18th July, 1956.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Motor Traffic and Transport (Amendment) Act, 1956."
(2) The Motor Traffic Act, 1909, as amended by subsequent Acts and by this Act, may be cited as the Motor Traffic Acts, 1909-1956.
(3) The Transport Act, 1930, as amended by subse­ quent Acts and by this Act, may be cited as the Transport Acts, 1930-1956.
(4) The several provisions of this Act shall come into operation on such dates as are respectively fixed by the Governor by proclamation published in the Gazette.

60585—1 2 .

2 . (1) The Motor Traffic Act, 1909, as amended by

subsequent Acts, is amended—

(a)

by omitting subsections three, four and five of section 8c;

(b)

by omitting from subsection six of the same section the words " I n any proceedings for an offence under this section a certificate of registration of a motor vehicle, issued under the law for the time being in force in any part of the Commonwealth of Australia, containing particulars of the unladen weight of the vehicle shall be prima facie evidence of such unladen weight." and by inserting in lieu thereof the following paragraph:—

In any proceedings in any court a certificate purporting to be signed by the officer for the time being in charge of the records kept under the law for the time being in force in any part of the Commonwealth of Australia relating to the registration or licensing of motor vehicles, containing particulars of the unladen weight of a motor vehicle as shown on such records shall be prima facie evidence of the unladen weight of such motor vehicle without proof of the signature or of the official character of the person purporting to have signed the certificate and without the production of any record or document upon which the certificate is founded.

(c)	by inserting at the end of the same section the following new subsections :—
(8) Regulations made for carrying the provisions of this section into effect may include regulations for and with respect to—

(a)	the prescribing of the records to be kept by owners and drivers of motor vehicles having an unladen weight in excess of two tons and the form of such records;
(b)	the carriage and retention of such records;

(c)

(c)	the exemption of persons from the requirement to keep or ca r ry such records ;
(d)	the inspection of such records by any member of the police force or any person author ised in tha t behalf by the Commissioner.

(9) Wi thou t l imiting any other power or au thor i ty any member of the police force or person author ised in tha t behalf by the Commissioner may, for the purposes of this section or the regulat ions made thereunder—

(a)	request or signal the driver of a motor vehicle to s top such vehicle;
(b)	request such driver to produce for inspection bis license to dr ive such vehicle and to s ta te his name and a d d r e s s ;
(c)	request such driver to furnish him
with such information as be may

reasonably require.

(10) Any person who—

(a)	contravenes any of the provisions of this section; or
(b)	fails to comply with any request or signal made or given pu r suan t to the provisions of subsection nine of this section,

shall be guil ty of an offence under this Act.

(2) The Motor Traffic Act, 1909, as amended by subsequent Acts , is fur ther amended by omit t ing the Schedule and by inser t ing in lieu thereof the following Schedule:—

SCHEDULE.

In this Schedule—

"License" includes renewal of license.
"Motor cycle" means any motor vehicle which is steered

by means of handle bars and has two wheels, or where a side-car or side-box is attached thereto, has three wheels.

"Registration" includes renewal of registration.

Registration

Registration fee to be paid by the applicant upon his appli­ cation for registration of the vehicle—

(a) Any motor vehicle (not being a motor cycle or a motor vehicle referred to in paragraph (c) of this item)—

(i)   where registration is effected for a period exceed­ ing three months—one pound ten shillings;

(ii)   where registration is effected for a period not exceeding three months-—eight shillings.

(b) Any motor cycle—

(i)   where registration is effected for a period exceed­ ing three months—fifteen shillings;

(ii)   where registration is effected for a period not exceeding three months—four shillings.

(c) Any motor vehicle constructed principally to carry per­ sons and in respect of which payment is received for the conveyance of passengers on a public street—

(i)   where registration is effected for a period exceed­ ing three months—three pounds;

(ii)   where registration is effected for a period not exceeding three months—eighteen shillings.

Motor vehicle driver (not being the rider of a motor vehicle which has less than four wheels and is steered by means of handle bars)—Fee, one pound, to be paid by the applicant upon his application for the license.
Motor cycle rider (being the rider of a motor vehicle which has less than four wheels and is steered by means of handle bars) —Fee, fifteen shillings, to be paid by the applicant upon his application for the license.

Learner's permit—Fee, five shillings, to be paid by the appli­ cant upon his application for the .permit and for each renewal

thereof.

Transfer of registration of a motor vehicle (not being a motor cycle)—Fee, one pound, to be paid by the transferee upon his
application to have a certificate of registration transferred to
him.

Transfer of registration of a motor cycle—Fee, ten shillings, to be paid by the transferee upon his application to have a certificate of registration transferred to him.

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.
Other fees prescribed by regulation for matters other than
those abovementioned—not exceeding in each case two pounds

3 . The T r a n s p o r t Act, 1930, as amended by subse­ quent Acts , is amended by omit t ing from Schedule Two all m a t t e r appea r ing af ter I t em 4 and by inser t ing in

lieu thereof the following m a t t e r : —

5. Registration certificate or each renewal thereof in respect

of any—

(a)	Motor omnibus—
(i) where registration is effected for a period exceeding three

months	. .	. .	. .	£5	less any fee paid in respect of the same period for a provisional reg­
istration certifi­
cate for the same motor omnibus.

(ii)   where registration is effected for a period not exceeding

three months . . . . £1 7s. 0d., less any

fee paid in re­ spect of the same period for a pro­ visional registra­

tion certificate

for the same

motor omnibus.

(h)	Taxi-cab—
(i) where registration is effected

for a period exceeding three
months	£5.

(ii)   where registration is effected for a period not exceeding

three months . . £1 7s. 6d.

(c)	Private hire car—
(i) where registration is effected for a period exceeding three

months . . . . , . £3.

(ii)   where registration is effected for a period not exceeding

three months . . . 38s

(D)
( D )

(d)	Other public vehicle—
(i) where registration is effected for a period exceeding three

months . . . . . . £2.

(ii)   where registration is effected for a period not exceeding

three months . . . . 12s.

Other fees prescribed by regulation for

matters other than those abovementioned,

not exceeding in each case . . . . . - £2.

4 . The amendments made by subsection two of section two and by section three of this Act to the Motor Traffic Act, 1909, as amended by subsequent Acts, and the Transport Act, 1930, as amended by subsequent Acts, shall apply to and in respect of registrations and transfers and renewals of registrations, and licenses and renewals of licenses under those Acts or either of them which are to take effect on or after the commencement of this Act, whether application therefor was made either before ov after such commencement.