Roads (Contribution to Maintenance) Act of 1957 (6 Eliz ll No. 37) (Qld)

RADIOACTIVE SUBSTANCES—ROADS. 257 6 E liz . II. No. 37, 1957. Roads (Contribution to Maintenance) Act. 35. No misnomer, inaccurate description, or inaccurate omission in or from any Proclamation, Order in Council, descriptions, regulation, license, notice, or other act of authority under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood. ROADS. (1) Roads (Contribution to Maintenance) Act of 1957 ............................................................ 6 Eliz. II. No. 37 (2) Roads (Contribution to Maintenance) Act Amendment Act of 1958 .. .. .. 7 Eliz. II. No. 15 An Act to Provide for Contributions to Road Maintenance by Users of Roads. [A ssented to 17 th D ecember , 1957.] 6 ®oIJ 37 n H oads (C ontribution to ^ ctn ’™ ni 957K> E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Roads short title. (<Contribution to Maintenance) Act of 1957.” *(2.) This Act shall come into force on a date to be Commence- fixed by the Governor in Council by Proclamationment of Act' published in the Gazette. 2. In this Act, unless the context otherwise indicates interpreta- or requires, the following terms shall have the meanings tlon' respectively assigned to them, that is to say :— “ Commercial goods vehicle” or “ vehicle ”—Any Commercial motor vehicle (together with any trailer vehicle, for the time being attached thereto) which is used or intended to be used— (a) For carrying goods for hire or reward or for any consideration or in the course of any trade or business whatsoever ; or* * Commenced 1 Feb. 1958. (Proc. pubd. Gaz. 11 Jan., 1958, p. 116).

258 ROADS. Roads (Contribution to Maintenance) Act. 6 E liz . II. No. 37, Commis­ sioner for Transport. Goods. Load capacity. Local Authority. Motor vehicle. (6) By a Local Authority in or in connection with the performance of any of its functions, including, in the case of a Local Authority which is an Electric Authority, as that authority, hut does not include any such motor vehicle the load capacity of which (together with any trailer for the time being attached thereto) does not exceed four tons ; “ Commissioner for Transport ” or “ Commissioner ”—The Commissioner for Transport under and within the meaning of *“ The State Transport Facilities Acts, 1946 to 1955 ” ; “ Goods ”—Includes all chattels personal; “ Load capacity ”—In the case of a motor vehicle or trailer— (а) The load capacity thereof as shown in the certificate of registration issued in respect thereof under the regulations under f“ The Main Roads Acts, 1920 to 1952,” or under any corresponding legislation, ordinance or law of any State or Territory of the Commonwealth ; or (б) Where in such certificate there is shown the maximum permissible gross weight of the motor vehicle or trailer together with the load which may be carried thereon and also the tare weight of the motor vehicle or trailer, the difference between such gross weight and tare weight; or (c) Where no such load capacity or weights are shown in such certificate or no such certificate exists or is in force, the load capacity aforesaid of a similar motor vehicle or trailer registered under the regulations under The Main Roads Acts, 1920 to 1952 ” ; “ Local Authority ”—Includes Brisbane City Council and a Joint Local Authority; “ Motor vehicle ”—A motor vehicle under and within the meaning of *“ The State Transport Facilities Acts, 1946 to 1955 ” ; * 11 G. 6 No. 17 and amending Acts, f 10 G. 5 No. 26 and amending Acts.

ROADS. 259 1957. Roads (Contribution to Maintenance) Act. “ Owner ”—Includes every person who is the Owner, owner or joint owner or part owner of a commercial goods vehicle and any person who has the use of any such vehicle under a hiring or hire purchase agreement, and includes any person in whose name a vehicle is registered under the regulations under *“ The Main Roads Acts, 1920 to 1952,” or under any corresponding legislation, ordinance or law of any State or Territory of the Commonwealth, but does not include an unpaid vendor of such a vehicle under a hire purchase agreement; “ Public highway ”—Any street, road, lane, Public bridge, thoroughfare or place open to or hlghway‘ used by the public for passage with vehicles ; “ Schedule ”—Schedule to this Act; Schedule. “ Tare weight ”—In the case of a motor vehicle Tare weight, or trailer— (a) The tare weight or weight unladen thereof as shown in the certificate of registration issued in respect thereof under the regulations under *“ The Main Roads Acts, 1920 to 1952,” or under any corresponding legislation, ordinance or law of any State or Territory of the Commonwealth; or (b) Where no such tare weight or weight unladen is shown in such certificate or no such certificate exists or is in force, the actual weight unladen of the motor vehicle or trailer; “Trailer”—Any trailer, fore-car, side-car, or Trailer, other device attached (temporarily or otherwise) to a motor vehicle and capable of being used to carry goods. 3. (1.) The owner of every commercial goods vehicle contribu- shall as provided by this Act pay to the Commissioner towards towards compensation for wear and tear caused thereby wear and to public highways in Queensland a charge at the rate public prescribed in the First Schedule. highways. * 10 G. 5 No. 26 and amending Acts.

260 ROADS. Bonds (Contribution to Maintenance) Act. 6 E liz . II. No. 37, (2.) Such charge shall become due at the time of the use of any public highway by the vehicle and if not then paid shall be paid and recoverable as in this Act provided. Records of journeys of vehicles. 4. (1.) The owner of the vehicle shall keep in duplicate in or to the effect of the form in the Second Schedule an accurate daily record of all journeys of the vehicle along public highways in Queensland. (2.) The owner of the vehicle shall retain for a period of six months after the completion of any journey, and on demand make available to the Commissioner or any person authorised in that behalf in writing by the Commissioner (whether generally or in any particular case), a copy of each such record for inspection when so required. Returns 5. (1.) Subject to this Act not later than the panadyments fourteenth day of each month each owner of a commercial to be made goods vehicle which has during the preceding month mtoistshioenCero. m travelled on any public highway in Queensland shall deliver to the Commissioner at his head office in Brisbane in respect of each such vehicle— (а) The record for the previous month kept pursuant to the last preceding section certified as correct; and (б) The amount of all moneys owing by way of charges payable in respect of such previous month pursuant to the provisions of this Act insofar as not already paid to the Commissioner. (2.) It shall be a sufficient delivery for the purposes of this Act of any record or payment of moneys owing by way of charge if such record or payment is sent by prepaid registered or certified mail letter through the post addressed to the Secretary to the Commissioner at the head office of the Commissioner in Brisbane and such letter is posted not later than the day on which such record or payment is by subsection one of this section required to be delivered to the Commissioner. Alternative 6. Any owner of a vehicle may make arrangements pasrotvoision in writing with the Commissioner as to the time and place records, and manner, when, where or in which he shall pay the &c. charges which by this Act he is required to pay and as to the records to be made and kept in relation thereto

ROADS. 261 1957. Roads (Contribution to Maintenance) Act. and the delivery thereof to the Commissioner, whereupon the provisions of this Act shall apply in respect of such vehicle subject to such arrangement; but nothing in this section shall affect the amount of charge payable under this Act or shall postpone the payment of any charge for more than three months after the date on which it would otherwise be payable. 7. (1.) All moneys received by the Commissioner Payments by way of charges under this Act shall be paid to the «°Road3 credit of a special account in the Treasury to be called Maintenance the “ Roads Maintenance Account Account . (2.) Money to the credit of that account shall be applied only to the maintenance of public highways (including grants to Local Authorities for that purpose) as the Minister of the Crown charged for the time being with the administration of *“ The Main Roads Acts, 1920 to 1952,” shall direct. (3.) For the purposes of this Act, unless inconsistent with the context or subject matter— “Maintenance” includes all works of every Maintenance, description which are in the opinion of The Commissioner of Main Roads appointed under *“ The Main Roads Acts, 1920 to 1952,” calculated to keep the carriageway of any public highway and any drain draining such carriageway in the same state of utility as at the time the public highway was declared to be or, as the case may be, dedicated as such, or in the same state of utility as resulted from any permanent improvements effected under the provisions of *“ The Main Roads Acts, 1920 to 1952,” or f“ The Local Government Acts, 1936 to 1957,” or any other enactment or any corresponding previous enactment; “ Permanent improvement ” includes all w'orks Permanent of every description exclusive of maintenance ™Prtove' which are in the opinion of the said The Commissioner of Main Roads calculated to increase the utility of the carriageway of a public highway and includes drains for draining such carriageway. * 10 G. 5 No. 26 and amending Acts, f 1 G. 6 No. 1 and amending Acts.

262 KOADS. Roads (Contribution to Maintenance) Act. 6 E liz . II. No. 37, Offences. 8. (1.) Every person who— (a) Fails to keep any record as required by this Act or to retain a copy of any such record or to make a copy thereof available for inspection as required by this Act ; or (b) Omits any item from any such record or copy thereof; or (c) Makes any false or misleading statement in any such record or copy thereof; or (d) Fails to deliver any such record to the Commissioner as required by this Act; or (e) Fails to pay to the Commissioner as required by this Act any charges payable in respect of any vehicle, shall be guilty of an offence against this Act. Penalty. (2.) Every person who is guilty of an offence against this Act shall be liable in the case of a first offence to a penalty of not more than fifty pounds, in the case of a second offence (whether against the same or a different provision of this Act) to a penalty of not less than twenty-five pounds and not more than one hundred pounds, and in the case of a third or any subsequent offence (whether the offences are against the same or different provisions of this Act) to a penalty of not less than fifty pounds and not more than two hundred pounds. Summary proceedings. (3.) Any offence under this Act may be prosecuted in a summary way under *“ The Justices Acts, 1886 to 1956,” by complaint by the Commissioner or a person thereunto authorised by him. Recovery 9. Any amount unpaid of any charge payable under toifonco. ntribu­ this Act shall be a debt due to the Commissioner and may be sued for by him in any court of competent jurisdiction or recovered in a summary way under *“ The Justices Acts, 1886 to 1956,” by complaint by him or by a person thereunto authorised by him. On convicting a person for an offence against this Act the Court, in addition to imposing a penalty for the offence, may order him to pay any amount winch from * 50 V. No. 17 and amending Acts.

ROADS. 263 1957. Roads (Contribution to Maintenance) Act. the evidence given during the proceedings the Court is satisfied should have been, but has not been, paid to the Commissioner by way of charge under this Act. 10 . In any proceedings for an offence against this Evidentiary Act in respect of any vehicle— provisions. (a) A certificate purporting to be signed by the Secretary to the Commissioner or the person performing the duties of that office for the time being, stating— (i.) That no record as prescribed by this Act has been received by the Commissioner in respect of the vehicle in respect of the period stated ; or (ii.) That the records described therein are the only records as prescribed by this Act received by the Commissioner in respect of the vehicle in respect of the period stated therein ; or (iii.) That the amount of the payment stated therein to have been made is the total amount of payment (if any) of charges under this Act received by the Commissioner in respect of the vehicle in respect of the period stated therein, shall be primd facie proof of the matters so stated ; ( b ) Any record in respect of the vehicle received by the Commissioner shall unless the contrary is proved be deemed to be a record kept by the owner of the vehicle and delivered to the Commissioner pursuant to this Act; (c) A certificate or document purporting to be issued pursuant to the regulations under *“ The Main Roads Acts, 1920 to 1952,” or to any corresponding legislation, ordinance or law of any State or Territory of the Commonwealth which states the load capacity of the motor vehicle or trailer, or the maximum permissible gross weight of the motor vehicle or trailer together with the load which may be carried thereon, or the * 10 G. 5 No. 26 and amending Acts.

264 ROADS. Roads (Contribution to Maintenance) Act. 6 E liz . II. No. 37, tare weight of such motor vehicle or trailer (or any thing purporting to be a duplicate original or copy of such a certificate or document) shall be primd facie proof of the matters so stated; (d) Any statement of weight painted on a motor vehicle or trailer and purporting to be the load capacity thereof or (where statements of weight are painted on a motor vehicle or trailer and purport to be respectively the gross maximum permissible weight of such motor vehicle or trailer together with the load which may be carried thereon and also the tare weight of such motor vehicle or trailer when unladen) the difference between such weights, shall be primd facie proof of the load capacity of the motor vehicle or trailer, as the case may be ; (e) Any certificate or document purporting to be issued pursuant to the regulations under *“ The Main Roads Acts, 1920 to 1952,” or to any corresponding legislation, ordinance or law of any State or Territory of the Commonwealth which states that on any date or during any period— (i.) The vehicle was registered in the name of any person specified therein; or (ii.) The vehicle was not registered in Queensland or the State or Territory in respect of which the certificate or document is issued, shall be primd facie proof of the matters stated therein. FIRST SCHEDULE. 1. The rate of the charge to be paid in respect of every vehicle shall be one-third of a penny per ton of the sum of— (a) The tare weight of the vehicle; and (b) Forty per centum of the load capacity of the vehicle, per mile of public highway along which the vehicle travels in Queensland. 10 G. 5 No. 26 and amending Acts.

ROADS. 1957. Roads (Contribution to Maintenance ) Act. 2. In assessing such charge fractions of miles and fractions of hundred-weights shall be disregarded but hundred-weights (in relation to both tare weight and load capacity) shall be taken into account as decimals of tons. 265 SECOND SCHEDULE. “ The Roads (Contribution to Maintenance) Act of 1957.” Commissioner for Transport. Certified Record of Journeys. Owner.. Address Description of Vehicle. Make of Vehicle................. Type................. Reg. No. Tare Weight Cwts. Load Capacity Trailer : Type............. Regd. No. Load Capacity Cwts. Tare Weight Cwts. Cwts. S tatement of J ourneys . During Month of 19 . Date of Time of Journey. Starting. Was Trailer Used ? (Yes or No). Vehicle Travelled. From. Via. To. Time of Finishing. Road Miles Travelled in Queens­ land. 1 i i)

266 ROADS. Roads (Contribution to Maintenance) Act. 6 E liz . II. No. 37, 1957. D etails of C harges P ayable (B ased on one - third of a penny A TON MILE AS DEFINED IN NOTE BELOW). (1) Vehicle. (2) Weight Capacity (in cwts.). (3). Rate in Pence per Mile. (4) Miles Travelled During Month. (5) Amount Payable. Without Trailer With Trailer .. £ s . d. Total .. Note : (a) To ascertain weight capacity add together— (i.) The tare weight of the vehicle expressed in hundred-weights; and (ii.) Forty per centum of the load capacity of the vehicle expressed in hundred-weights, but disregarding fractions of hundred-weights; (b) To ascertain rate in pence per mile, divide column 2 by 60 and calculate to two decimal points (i.e., conversion of weight capacity to tons chargeable at one-third of a penny per mile); (c) To ascertain amount payable multiply column 3 by column 4. I, of , being the owner (or the authorised agent of the owner) of the vehicle described above and being aware that the inclusion of any false or misleading statement in this record or in the statement of journeys appearing in this document renders me guilty of an offence, hereby certify that this record contains a full and complete statement of all journeys made on public highways in the State of Queensland during the period shown in the statement of journeys in this document, and I forward herewith a for the sum of such sum being the amount of all charges due and payable in respect of all journeys of the vehicle during such period in so far as not already paid by me. Signed : Date * (If not signed by owner, state authority to sign.)