Traffic Act 1974 (ACT)

No. 39 of 1974

AN ORDINANCE

To amend the Traffic Ordinance 1937-1966.

I , T H E GOVERNOR-GENERAL of Australia, acting with the advice
of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this first day of October, 1974.

JOHN R. KERR Governor-General.

By His Excellency's Command,

GORDON M. BRYANT

Minister of State for the Capital Territory.

TRAFFIC ORDINANCE 1974

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

1974.*

(2 ) The Traffic Ordinance 1937-1966f is in this Ordinance referred

to as the Principal Ordinance.

(3 ) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Traffic Ordinance 1937-1974.

1 9 6 6 .

2.   Section 4 of the Principal Ordinance is amended—

(a) by inserting after the definition of " bicycle " the following definition:—

" ' bicycle pa th ' means a path declared by the Minister by notice published in the Gazette to be a bicycle path for the purposes of this Ordinance;"; and

(b) by omitting from the definition of " the Motor Traffic Ordinance" the words and figures " Motor Traffic Ordinance 1936-1964" and substituting the words and figures "Motor Traffic Ordinance 1936-1974".

• N o t i f i e d i n t h e Australian Government Gazette o n 3 O c t o b e r 1 9 7 4 .

t O r d i n a n c e N o . 3 2 , 1 9 3 7 , a s a m e n d e d b y N o . 3 , 1 9 4 4 ; N o . 2 , 1 9 5 5 ; | N o . 12 , 1 9 6 0 ; N o . 9 , 1 9 6 4 ; a n d N o . 19 ,

3 . Section 8 of the Principal Ordinance is repealed and the follow­

ing sections are substituted:—

" 8 . (1 ) In this section, 'footpath' does not include an entrance-

driveway leading from the carriage-way of a public street to a parcel

of land.

" (2) A person shall not—

(a) drive, ride or wheel a vehicle, other than a bicycle; or

(b) drive, ride or lead an animal,

on a footpath.

Penalty: $40.

" (3 ) A person shall not ride a bicycle upon any part of a foot­

path that is between two signs erected upon the footpath in pursuance

of section 8B.

Penalty: $40.

" (4 ) It is a defence to a prosecution for an offence against sub­

section (2) if the defendant proves that the act alleged to constitute the

offence was done with lawful authority.

" 8A. A person who—

(a)	walks upon a bicycle path except for the purpose of cross­ ing the path or mounting, or dismounting from, a bicycle;
(b)	rides or drives a vehicle, other than a bicycle, or a motor vehicle upon a bicycle path; or

(c) drives, rides or leads an animal upon a bicycle path,

is guilty of an offence.

" 8 B . (1 ) The Minister may authorize the erection upon a footpath

of signs bearing the words 'No Bicycles'.

" (2 ) The Minister may at any time revoke an authority relating to a sign referred to in sub-section (1) and, where the authority is re­ voked, the Minister shall cause the sign to be removed.

" (3) Evidence that, at a particular time, a sign bearing the words
' No Bicycles ' was erected upon a footpath is evidence that the erection

of the sign was authorized by the Minister and that the authority had

not, at that time, been revoked.

" 8 c . (1) Subject to sub-section ( 2 ) , a person shall not ride a bicycle within 10 metres of an entrance to a shop at a time when that shop is open for the sale of goods to the public.

Penalty: $40.

" (2 ) Nothing in sub-section (1) prohibits the riding of a bicycle

upon a public street or a bicycle path.".

4.   Section 25 of the Principal Ordinance is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:—

" (1 ) Subject to this Ordinance, the provisions of Part
VIII (other than sub-section 113 (2) and section 134) ,
Part X (other than sections 150, 159, 160 and 161) and

section 190 of the Motor Traffic Ordinance apply to a person who drives a vehicle or rides a bicycle or an animal as if the person were the driver of a motor vehicle.";

(b)	by omitting from paragraph (c) of sub-section (2) the words and letter " section fifty-six L " and substituting the word and figures " section 125 "; and
(c)	by inserting, after sub-section (2), the following sub­ section:—

" (2A) For the purpose of sub-section ( 1 ) , a bicycle path shall be taken to be a public street within the meaning of the Motor Traffic Ordinance.".

5. The Principal Ordinance is amended as set out in the Schedule.

S e c t i o n 5

SCHEDULE

AMENDMENTS OF THE PRINCIPAL ORDINANCE

Section

amended Amendment

9              After the words ' public street", insert the words " or bicycle path ".

10             After the words ' ' public street" insert the words ' or bicycle path ".

11              After the words ' public street" insert the words ' or bicycle path ".

13             After the words ' public street " insert the words ' or bicycle path ".

30 After the words ' public street " (wherever occurring), insert the words " or bicycle

path ".