Motor Traffic (Further Amendment) Act 1983 (NSW)
MOTOR TRAFFIC (FURTHER AMENDMENT) ACT, 1983,
No. 102
JJeto &>outf) Males;
ANNO TRICESIMO SECUNDO
ELIZABETHS O BEGINS
Act No. 102, 1983.
An Act to amend the Motor Traffic Act, 1909, in relation to the issuing of number-plates, the inspection of motor vehicles, penalties and certain other matters. [Assented to, 16th November, 1983.J
Sec also Transport (Motor Tral l ic) Amendment Act. I*)K.V
Act No. 102, 1983.
Motor Traffic {Further Amendment).
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
1. This Act may be cited as the "Motor Traffic (Further Amendment) Act, 1983".
C ommencement.
2. (1) Subject to this section, this Act shall commence on the date of assent to this Act.
(2) Section 3, in its application to a provision of Schedule 1, shall commence on the day on which the provision commences.
(3) Schedule 1 ( 1 ) (a) and (b) shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(4) Schedule 1 ( 1 ) (d), (4) (e) and (f) and (9) (a), (b) and (c) shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(5) Schedule 1 (2) shall commence on such day as may be appointed
by the Governor in respect thereof and as may be notified by proclamation
published in the Gazette.
Amendment of Act No. 5, 1909.
The Motor Traffic Act, 1909. is amended in the manner set forth in
Schedule 1.
Act No. 102, 1983. 3
Motor Traffic {Further Amendment).
SCHEDULE 1.
(Sec. 3.)
AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1909.
(1) (a) Section 3 (1) (g2) C D -
Omit "certificates of inspection and rejection", insert instead
"inspection reports".
(b) Section 3 (1) (g2) (iv), (v)—
Omit "a certificate" wherever occurring, insert instead "an inspection report".
(c) Section 3 ( 1 ) (k)— Omit "numbers" wherever occurring, insert instead "number- plates".
(d) Section 3 ( 1 ) (k) — After "issue", insert "(whether or not upon payment of a fee or sum of money)".
(e) Section 3 (1) (1)—
Omit "have not the registered number", insert instead "do not have number-plates".
(f) Section 3 ( 1 ) (1) — Omit "a number that is", insert instead "number-plates that are".
(g) Section 3 ( 1 )
Omit "two hundred dollars", insert instead "$500". (r) —
(2) Section 5c—
After section 5B, insert:—
Driving, etc., of dangerously defective motor vehicles.
5c. (1) Except as may be prescribed by the regulations, any
person who—
(a)
drives or stands a heavy motor vehicle upon a public street; or
Act No. 102, 1983.
Motor Traffic {Further Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1909—continued.
(b) causes or permits a heavy motor vehicle to be driven or to stand upon a public street,
being a heavy motor vehicle which is in a dangerously defective condition, shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding $2,000.
(2) For the purpose of ascertaining whether a heavy motor vehicle which is being driven, or is standing, upon a public street is in a dangerously defective condition, any member of the police force or person authorised in that behalf by the Commissioner may cause the motor vehicle to be inspected and tested.
(3) Without limiting any other power or authority, any member of the police force or person referred to in subsection (2) may, for the purposes of this section, do any one or more of the following things:—
(a)
the member or person may request or signal the driver of a heavy motor vehicle to stop the motor vehicle;
(b)
the member or person may request the driver of a heavy motor vehicle—
(i) to produce for inspection that driver's license to drive the motor vehicle; and
(ii) to state that driver's name* and address;
(c)
the member or person may request the driver of a heavy motor vehicle to furnish the member or person with such information as the member or person may reasonably require;
(d)
the member or person may request the driver of a heavy motor vehicle to do such things as the member or person may reasonably require for the purpose of facilitating the inspection and testing of the motor vehicle.
Act No. 102, 1983. 5
Motor Traffic (Further Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1909—continued.
(4) Where a heavy motor vehicle has been stopped in compliance with a request or signal made or given pursuant to sub- section (3) (a), any inspection or testing of the motor vehicle pursuant to subsection (2) shall be carried out—
(a) at, or as near as practicable to, the place where the request or signal was so made or given; and (b) as soon as practicable, and in any case within 1 hour, after the motor vehicle was so stopped. (5) Any person who—
(a)
hinders or obstructs a member of the police force or person referred to in subsection (2) in the exercise of that member's or that person's powers pursuant to subsection (2); or
(b)
fails to comply with any request or signal made or given pursuant to subsection (3),
shall be guilty of an offence under this Act and shall be liable to a
penalty not exceeding $2,000.
(6) For the purposes of this section, a heavy motor vehicle is
in a dangerously defective condition if it is in such a condition that if
a person drives or attempts to drive the motor vehicle it is likely that the person will lose control of the motor vehicle. (7) In this section, a reference to a heavy motor vehicle is a reference to a motor vehicle which has an unladen weight of 5 tonnes
or more.
(3) Section 6 (1) (c) (ii), (iii), (iv)—
After "numbers" wherever occurring, insert "or letters".
6 Act No. 102, 1983.
Motor Traffic {Further Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1909—continued.
(4) (a) Section 7 (d) —
Omit "numbers or".
(b) Section 7 (e)—
Omit "prescribed".
(c) Section 7 (f) —
After "with any number", insert "or letter".
(d) Section 7 (f) —
Omit "prescribed number-plate" wherever occurring, insert instead "number-plate issued under this Act".
(e) Section 7 (f) —
Omit "regulation;", insert instead "regulation,".
(f) Section 7 (g)—
Omit the paragraph.
| (5) Section 8 (3)— |
Omit "number" wherever occurring, insert instead "numbers or letters".
(6) (a) Section 11B (1)—
Omit "prescribed number-plate" wherever occurring, insert instead "number-plate issued under this Act".
Act No. 102, 1983.
Motor Traffic {Further Amendment).
SCHEDULE \—continued.
AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1909—continued.
(b) Section 11B (3)—
Omit the subsection.
(7) Section l i e -
After section 1 1B, insert:—
Seizure of number-plates.
1 lc. Any member of the police force or person authorised in that
behalf by the^Commissioncr may seize any number-plate—
(a) which is attached to—
(i) a motor vehicle the registration of which has expired not less than 15 days before the date on which the number-plate is seized; or
(ii) a motor vehicle the registration of which has been cancelled: or
(b) which has been used in contravention of section 7.
(8) Section 18 (a)—
Omit "distinguishing number as prescribed by the regulations", insert instead "number-plate issued under this Act".
(9) (a) Section 20 (1) —
Omit "or fine may", insert instead ", any other money payable to the Commissioner under this Act or any fine may".
(b) Section 20 C D -
After "such fee", insert ", other money".
Act No. 102, 1983.
Motor Traffic (Further Amendment).
SCHEDULE I—continued.
AMENDMENTS TO THE MOTOR TRAFFIC ACT, 1909—continued.
(c) Section 20 (2)—
After "fee", insert ", or any other money payable to the
Commissioner under this Act,".
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