State Transport (Co-ordination) Amendment Act 1954 (NSW)
STATE TRANSPORT (CO-ORDINATION)
AMENDMENT ACT.
Act No. 48, 1954.
| Elizabeth II. | Act to amend the State Transport (Co-ordina- |
| No. ^ 1 9 5 4 . | Act, | 1931, | the | Transport | (Division |
of Functions) Further Amendment Act, 1952,
and certain other Acts in certain respects; to validate certain matters; and for pur poses connected therewith. [Assented to, 16th December, 1954.]
■OE it enacted by the Queen’s Most Excellent Majesty, -L' by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
| aorttitle | This Act may be cited as the “ State Trans |
| citation. | port (Co-ordination) Amendment Act, 1954.” |
| (2) The State Transport (Co-ordination) Act, 1931, as amended by subsequent Acts and by this Act, may be cited as the State Transport (Co-ordination) Act, 1931-1954. |
| Amendment | 2 . | (1) (a) The State Transport (Co-ordination) Act, |
| of Act No. |
| 32,1931. | 1931, is amended— |
| Sec. 22. |
| (Permit to | (i) by inserting in subsection one of section twenty- |
| use vehicle | two after the word “ persons” the words “ or |
| for carriage | |
| of passengers | goods” ; |
| or goods.) |
(ii) by inserting at the end of the same section the following new subsection:—•
| (4) Without prejudice to the generality of subsection one of this section the conditions that may be prescribed or imposed by the board may |
include
| State Transport (Co-ordination) Amendment Act. | 349 |
include a condition of the permit that the holder No. 4 8 ,1954.
of the permit shall pay to the board—
| (a) | in the case of a public motor vehicle carrying passengers or passengers and goods a sum for each and every passen ger carried by the public motor vehicle not exceeding one penny per mile or part thereof of his journey upon any public street; and |
| (b) | in the case of a public motor vehicle carrying goods or goods and passengers a sum not exceeding an amount calcu lated at the rate of threepence per ton or part thereof of the aggregate of the weight of the vehicle unladen and of the weight of the loading the vehicle is capable of carrying (whether such weight is carried or not) for each mile or part thereof travelled by the vehicle upon any public street. |
For the purposes of paragraph (b) of this subsection the weight of the vehicle unladen and the weight of loading the vehicle is capable of carrying shall be as mentioned in the permit or as determined by the board.
The sums pajmble to the board under this subsection shall be paid to the prescribed persons on behalf of the board as and when prescribed by the regulations and shall con stitute a debt due to and recoverable by the board from the holder of the permit.
The board may in their discretion require any applicant to give reasonable security in the pre scribed form for due compliance with the condi tions imposed or to be imposed in or attached to the permit pursuant to this section in such amount as the board may require in the particular case.
( b )
350 State Transport (Co-ordination) Amendment Act.
| No. 48, 1954. | (b) This subsection shall be deemed to have commenced on the thirty-first day of August, one thousand nine hundred and thirty-one. |
| (2) A person shall not, by reason of the operation of the amendments made by subsection one of this section, be guilty of an offence against section twenty-two of the State Transport (Co-ordination) Act, 1931, as amended by subsequent Acts, in respect of anything done or omitted to be done by him before the commencement of this subsection if he would not have been so guilty had such amendments not been made. |
| Amendment | (3) The Transport (Division of Functions) |
| of Act No. | Further Amendment Act, 1952, is amended by omitting |
| 24 , | 1952 . |
Sec. 7.
| (Consequen | section seven. |
| tial.) |
3 . The State Transport (Co-ordination) Act, 1931, as
Further
amendment
| of Act No. | amended by subsequent Acts, is further amended—- |
| 32,1931. |
| Sec. 12. | (a) (i) by inserting in subsection one of section |
| motor |
| (Public | twelve after the word “ vehicle” where |
| vehicle not | firstly occurring the words “ in the course |
| to be | |
| operated | and for the purposes of intra-state trade” ; |
| unless |
| vehicle | (ii) by inserting in the same subsection after |
| licensed.) | the word “ board” the words “ for operation as aforesaid” ; |
| Sec. 17. | (b) (i) by inserting in paragraph (b) of subsection |
| (Certain | two of section seventeen after the words |
| conditions | |
| of license.) | “ in which” the words “ and the days and times on which” ; |
(ii) by omitting paragraphs (e) and (f) of sub section three of the same section and by inserting in lieu thereof the following paragraphs:—
| (e) | the condition and suitability of the roads to be traversed with regard to their capacity to carry proposed public vehicular traffic— |
| (i) | without unreasonable damage to such roads; or |
( ii)
| State Transport (Co-ordination) Amendment Act. | 351 |
| (ii) | ing conditions endangering |
without creating or intensify- No. 48, 1954 vehicles using such roads; or
(iii) without creating or intensify ing conditions which interfere with the reasonable use of such roads by other traffic;
| (f) | the character, suitability and fitness of the applicant to hold the license applied for. |
| (c) | by inserting next after subsection seven of section twenty-six the following new sub- (state | |
|
(7a) Whenever any amount is paid to the '̂““<3-)
Country Main Roads Fund established under the Main Roads Act, 1924-1954, pursuant to this sec tion, as amended in the manner set forth in the Third Schedule to this Act, the Commissioner for Motor Transport shall, subject to subsection five of this section, also pay the prescribed amount to that Fund out of the moneys in the State Transport (Co-ordination) Fund that are not the proceeds of charges paid pursuant to subsection four of section eighteen as amended in the manner set forth in that Schedule.
The prescribed amount shall be an amount equivalent to that which would have been pay able in respect of motor vehicles engaged in intra-state trade had the rate or scale of rates of charge determined in respect of motor vehicles engaged in inter-state trade been applicable to motor vehicles engaged in intra state trade.
| 4 . (1) This section shall commence upon a day to be | _ |
appointed by the Governor and notified by proclamation ment.
published in the Gazette.
(2)
352 State Transport (Co-ordination) Amendment Act.
| No. 48, 1954. | (2) The state Transport (Co-ordination) Act, |
| Further | 1931, as amended by subsequent Acts, is further |
| amendment | |
| of Act No. | amended— |
| 32, 1931. |
| Sec. 3. | (a) by inserting at the end of section three the |
| tation.) |
| (Interpre | following new subsection:— |
| (3) | For the purposes of the application of |
this Act to or in respect of any person operat ing or intending to operate a public motor vehicle in the course and for the purposes of inter-state trade, and to or in respect of a public motor vehicle so operated the provisions of this Act shall be deemed to be amended in the maimer set out in the Third Schedule to this Act.
| New | (b) by inserting next after the “ Further Schedule” |
| Schedule. | the following new Schedule:—• |
| See. 3 (3). | T H IE D | S C H ED U LE. |
Sec. 12. Section twelve—
subsection one to be om itted and the following sub
section to l>e inserted in lieu th e re o f:—
| (1) | Any person who operates a public m otor vehicle |
in the course and for the purposes of in ter-state trade shall, unless such vehicle is licensed under th is A ct by the Commissioner fo r Motor T ransport for operation as afore said and unless he is the holder of such license, be guilty of an offence against th is A ct: Provided th a t th is sub section shall not apply to a public m otor vehicle th a t is bein,g operated under and in accordance w ith a perm it gran ted under section twenty-two of th is Act.
Sec. 16. Section sixteen—
| (a) | subsections one, two and three to be omitted and the following subsection to be inserted in lieu th e re o f:— |
| , | (1) A license issued under th is A ct shall expire |
on the anniversary of the date upon which i t is
issued.
| (b) | subsections seven and eight to be omitted and the following subsections to be inserted in lieu thereof:— |
| (7) A license granted to any person under this A ct may not be transferred by the licensee b u t he or | |
| ■ | his legal personal representative may apply to the Commissioner for M otor T ransport to transfe r his license to a person nom inated bv him. |
(8)
| State Transport (Co-ordination) Amendment Act. | 353 |
(8) The Cominissioner for M otor T ransport may No. 48, 1954.
refuse such application if he is satisfied th a t t h e -----
person so nom inated is not a fit and proper person
to hold a license; but except as aforesaid, shall grant
such application.
| Sec. 17. | Section seventeen— |
subsections two, three and four to be om itted and the
following subsections to be inserted in lieu thereof:—
| (2) | The Commissioner for M otor T ransport m ay deter |
m ine what term s and conditions (being term s and condi tions of a regulatory character) shall be applicable to or w ith respect to a license, including the use of such m otor vehicle as to whether passengers only or goods only or goods of a specified class or description only shall be thereby conveyed and as to the circum stances in which and the days and tim es on which such conveyance may be made or may not be made (including the lim iting of the num ber of passengers or the quantity , weight or bulk of the goods th a t may be carried on the vehicle).
| (3) | In dealing with an application for a license the |
Commissioner for i lo to r T ransport shall have regard to—•
| (a) | the suitability of the route or road on which a service may be provided under the license; |
| (b) | the condition and suitability of the roads to be traversed with regard to the ir capacity to carry proposed public vehicular trafSc— |
(i) without unreasonable damage to such roads; or
(ii) without creating or intensifying conditions endangering the safety of persons or vehicles using such roads; or
(iii) without creating or intensifying conditions which in terfere w ith the reasonable use of such roads by other traffic;
| (c) | the character, suitability and fitness of the appli cant to hold the license applied fo r; |
| (d) | the construction and equipment of the vehicle and its fitness and suitability fo r a license: |
Provided th a t a registration of the m otor vehicle under any other A ct of the S tate may be accepted as sufficient evidence of fitness and su itab ility of the vehicle.
+ 83921—12
354 State Transport (Co-ordination) Amendment Act.
| No. 48, 1954. | (4) | The Com missioner for M otor T ransport may refuse |
the application if satisfied th a t—
| (a) | the applicant is not a fit and proper person to hold the license; or |
| (b) | the vehicle is not properly constructed or adequately equipped or is otherwise unfit or unsuitable for the license; or |
| (c) | the operation of the vehicle, if the license were granted, would create or in tensify conditions giving rise to— |
(i) unreasonable dam age to the roads; or
(ii) danger to persons or vehicles using the roads; or
(iii) unreasonable interference with other traffic on the roads.
(4a) Except as provided in subsection four of th is
section the Commissioner for M otor T ransport shall g ran t
the application.
W here the Commissioner fo r M otor T ransport g rants an application he may, in addition to any conditions imposed under subsection two of th is section, impose con ditions necessary for the preservation of public safety, tbe regulation of traffic and the preservation and m ain ten ance of the roads and the use and enjoym ent by the public of the roads.
Sec. 18. Section eighteen—
| (a) | subsections four and five to be om itted and the follow ing subsections to be inserted in lieu th e reo f:— |
(4) Every license for a public m otor vehicle issued under th is A ct shall, a fte r the first determ ination by the Commissioner fo r M otor T ransport of the ra te or scale of rates of charge has been notified pursuan t to subsection (5f) of th is section, be subject to a condition th a t the holder shall in respect of each journey pay to the Commissioner fo r M otor T ransport a reasonable charge for the use by the vehicle of public streets over which it travels on such journey and for an appropriate part of the cost of adm in istra tion of th is Act.
(5) The am ount payable in respect of such charge fo r any journey shall be assessed on the ra te or scale of rates of charge hereinafter referred to and the am ount so assessed shall be paid by the holder of the
| - | license |
| State Transport (Co-ordination) Amendment Act. | 356 |
license before the commencement of the journey and No. 48, 1964.
the Commissioner for M otor T ransport shall on p a y - -----
m ent thereof issue to the holder a receipt containing
particu lars of the journey and the charge paid.
(5a) The ra te or scale of rates of charge shall be applied equally to all persons in respect of all public motor vehicles of the same description or weight passing over the same route and under the same circum stances; Provided however th a t—
| (a) | no such charge shall be payable when public m otor vehicles of the same description or weight engaged in in tra -sta te trade and passing over the same route and under the same circum stances are not subject to charges imposed under or by v irtue of any condition imposed pursuan t to subsection four or subsection five of section eighteen of th is A ct (the am endm ents thereto effected by the S tate T ransport (Co-ordination) Am endm ent Act, 1954, being d isregarded ); an d |
| (b) | in no case shall such charge exceed the charge imposed under or by v irtue of any condition imposed pursuan t to subsection four or sub section five of section eighteen of th is Act (the am endments thereto effected by the S tate T rans port (Co-ordination) Am endm ent Act, 1954, being disregarded) in respect of public motor vehicles engaged in in tra -s ta te trade over the same route and under the same circumstances. |
(5b) The ra te or a scale of rates of charge shall be determ ined from tim e to tim e by the Commissioner for Motor T ransport. The first determ ination shall be made as soon as practicable a fte r the commencement of th is subsection and a determ ination shall be made in each subsequent period of twelve months. The rate or scale of rates of charge so determ ined may be on the basis of a mileage ra te varying with the description or weight of the vehicle and such weight may be calculated either on the basis of the laden or un laden weight of the vehicle.
Before m aking any determ ination of the ra te or scale of rates of charge the Commissioner for Motor T ransport shall take into account the recommendation of the Advisory Com mittee referred to in subsection f5c) of this section and the rate or scale of rates of charge so determ ined shall not exceed th e respective ra te or scale of rates of charge recommended by the Advisory Comm'^' -
(5c)
356 State Transport (Co-ordination) Amendment Act.
| No. 48, 1954. | ( H e ) There shall be an Advisory Com mittee con sisting of the Commissioner for M otor T ransport, the Commissioner for M ain Roads, and the U nder Secretary, the Treasury. |
| W here a member is unable to attend any m eeting of the Advisory Com m ittee he may appoint an officer of his D epartm ent to attend in his place, and the officer so appointed shall have all the powers and au thorities of a member. | |
| (5d) The Advisory Com m ittee shall before m aking a recom m endation give public notice of its in ten tion so to do and shall fix a date before which any persons interested, including representative associations of operators of public m otor vehicles, may make repre sentations in w riting to the Advisory Committee. The Advisory Com m ittee shall not be bound by legal forms and procedures and ma.y inform itself in such m anner as i t th inks fit but before m aking a recom m endation it shall consider all w ritten representations which may be made to it as aforesaid. |
| (5e) | The Advisory Com m ittee in m aking its recom |
m endation and the Commissioner for M otor T ransport in m aking his determ ination of the ra te or scale of rates of charge shall have regard to all relevant m atters including the cost of construction and m aintenance of roads, the depreciation and obsolescence of roads, the necessity or desixabilit,y for the w idening or recon struction of roads, the wear and tear caused by vehicles of different weights, types, sizes and speeds, the moneys available for the purpose of construction, m aintenance, w idening and reconstruction of roads from sources other than charges imposed pursuan t to subsection four of th is section, and the am ount expended or proposed to be expended from the C ountry M ain Roads F und established under the M ain Roads Act, 1924-1954.
In th is subsection “roads” includes bridges.
(5f) The rate or scale of rates of charge when
determ ined by the Commissioner for M otor T ransport
shall be notified in the Gazette.
The ra te or scale of rates of charge so notified shall be adopted as the basis for calculating am ounts under subsection four of th is section un til varied by a subse quent notification.
(b) subsections seven and eight to be om itted;
| (c) | .subsection nine to be amended by omitting the word “five” wherever occurring and by inserting in lieu thereof the word “fou r” ; |
(d)
| State Transport (Co-ordination) Amendment Act. | 357 |
| (d) | subsection ten to be amended by omitting tbe words uo. 48, 1954. | |
| ||
| (e) | subsection eleven to be omitted and the following sub section to he inserted in lieu th e reo f;— |
(11) W here the Commissioner for M otor T ransport is satisfied tha t, by reason of any change of circum stances since the license was granted, the continued operation of the public m otor vehicle would create or in tensify conditions giving rise to—
(a) unreasonable dam age to the roads; or
(b) danger to persons or vehicles using the roads; or
| (c) | unreasonable interference with other traffic on the roads, |
| he | m ay— (1) suspend the license for such period as he may |
deem necessary having regard to the altered
| circum stances; | or |
(ii) vary the terms and conditions of the license in such m anner and to such extent as he may deem necessary to meet the altered circum stances.
W ritten notice of such suspension or variation shall
be given to the holder as soon as practicable.
See. 19. Section nineteen—
section to be omitted.
Sec. 22. Section twenty-two—
section to be om itted and the following section to be
inserted in lieu th e reo f:—•
22. (1) W here application is made for a license the Commissioner fo r M otor T ransport may, pending con sideration of such application, g ran t to the applicant a perm it to operate the public m otor vehicle for a journey to be specified in the permit.
(2) The Commissioner for M otor T ransport may refuse to issue a perm it if satisfied th a t the operation of the vehicle, if the perm it were granted, would create or in tensify conditions giving rise to—
(i) unreasonable damage to the roads; or
(ii) danger to persons or vehicles using the roads; or
(iii) unreasonable interference with other traffic on the
roads.
(3)
368 State Transport (Co-ordination) Amendment Act.
| No. 48, 1954. | (3) Except as provided in subsection two of tb is section tbe Commissioner fo r M otor T ransport shall g ran t | |
| ||
| W here the Commissioner for M otor T ransport g ran ts a perm it he m ay impose any conditions he could have imposed if such perm it were a license. |
| (4) | Every perm it gran ted under th is A ct shall, a fte r |
the first determ ination by the Commissioner for M otor T ransport of the ra te or scale of rates of charge has been notified pursuan t to subsection (5f) of section eighteen, be subject to a condition th a t the holder shall in respect of any such journey pay to the Commissioner fo r M otor
| jj / | T ransport a reasonable charge fo r the use by the vehicle of public streets over which it travels on such journey and for an appropriate p a rt of the cost of adm inistration of | |
| ||
| (5) The provisions of section eighteen of th is A ct shall apply, m uta tis m utandis, to and in respect of such reasonable charge. |
Sec. 26. Section twenty-six—
subsections six, seven, eight and n ine to be om itted and the following subsection to be inserted in lieu th e re o f:—
| (6) | Any moneys in the fund which are the proceeds |
of charges paid pursuan t to subsection four of section eighteen or section twenty-two of th is A ct shall, subject to subsection five of th is section, be applied in m aking paym ents to the Country M ain Roads F und established under the M ain Roads Act, 1924-1954, and for no other purpose.
Sec. 28. Section tw enty-eight—
subsection one to be amended by om itting the words “or
under an exemption granted or declared under th is A ct”.
Sec. 37. Section thirty-seven—
subsection one to be om itted and the following subsection
to be inserted in lieu th e re o f:—
(1) I f any person operates any public m otor vehicle in contravention of th is A ct he shall be liable to pay to the Commissioner fo r M otor T ransport such reasonable charge fo r the use by the vehicle of public streets over which it travels and for an appropriate p art of the cost of adm inistra tion of th is A ct as would have been payable tiad the person operating the vehicle been the holder of a license under th is Act.
Sec.
| State Transport (Co-ordination) Amendment Act. | 359 |
| Sec. 38a. Section 38a— | No. 48, 1954. |
subsection one to be amended by om itting the words
“subsection four or subsection five of ”.
| 5 . | (1) | (a) As from the commencement of this section Alteration |
port and shall subject to this Act hold office for a period of seven years and be eligible for reappointment. Any successor in office shall subject to this Act hold office for a period of seven years and bo eligible for reappointment.
tlie name of the Superintendent of Motor Transport shall of oflSce
be altered to the Commissioner for Motor Transport. The tendent""̂
person who, immediately before the commencement of *̂ °tor Transport.
this section, held office as the Superintendent of Motor
The provisions of this paragraph slmll have effect notwithstanding anything contained in paragraph (a) of subsection two of section three of the Transport (Division of Functions) Further Amendment Act, 1952.
(b) The provisions of sections eight and nine of the Transport (Division of Functions) Amendment Act, 1952, shall apply, mutatis mutandis, to and in respect of the Commissioner for Motor Transport.
(c) Paragraph (a) of subsection four of section three of the Transport (Division of Functions) Further Amendment Act, 1952, shall in its application to the person first holding office as Commissioner for Motor Transport under this Act bo read and construed as if the words “ immediately prior thereto” were omitted and the words “ at any time prior thereto” were inserted in lieu thereof.
(2) As from the commencement of this section, in the construction, and for the purposes of any Act, by-law, regulation, ordinance, or any other instrmnent or docu ment whatsoever, of the same or a different kind or nature, any reference to, or to be read, deemed and taken to refer to the Superintendent of Motor Transport shall be read, deemed and taken to refer to the Commissioner for Motor Transport.
(3)
360 State Transport (Co-ordination) Amendment Act.
| Ko. 48, 1954. | (3) (a) As from the eommeucemout of this section the name of the l)ody corporate reconstituted by section six of the Transport (Division of Functions) Further Amendment Act, 1952, shall bo “ The Commissioner for |
~
| Motor | Transport” . |
(b) As from the commencement of this section, in the construction, and for the purposes of any Act, by-law, regulation, ordinance or any other instrument whatsoever of the same or a different kind or nature, any reference to, or to be read, deemed and taken to refer to the Superintendent of i\Lotor Transport shall be read, deemed and taken to refer to the Commissioner for Motor Transport.
(c) Nothing contained in this subsection shall prejudice or affect in any way the continuity of the body corporate reconstituted by section six of the Transport (Division of Functions) Further Amendment Act, 1952, but the same shall continue notwithstanding the pi'ovisions of this subsection.
(d) The alteration of name of the body corporate reconstituted by section six of the Transport (Division of Functions) Further Amendment Act, 1952, effected by paragraph (a) of this subsection shall not affect any property, powei's, rights, authorities, duties, functions, liabilities or obligations of such body corporate or render defective any legal or other proceedings instituted or to be instituted by or against such body corporate.
Any legal or other proceedings may be continued or commenced by or against the body corporate liy the name of The Commissioner for Motor Transport that might have been continued or commenced by or against the body corporate by the name of The Superintendent of IMotor Transport.
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