Traffic Act Amendment Act 1935 (WA)

No. 39.] Traffic. [1935.

TRAFFIC.

26° GEO. V., No. XXXIX.

No. 39 of 1935.

AN ACT to amend the Traffic Ilet, 1919-1931.

[Assented to 7th January, 1936.]

lative Council and Legislative Assembly of WesternBE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title	1. (1.) This Act may be cited as the Traffic Act
and commence.

meat.	Amendment Act, 1935, and shall be read as one with the
See Sess. Vol.
1930 and	traffic Act, 1919-1931 (hereinafter called "the principal
amendment
3 of 1931.	Act").
(2.) This Act shall come into operation on a date to be fixed by proclamation.
Amendment to	2. Section four of the principal Act is hereby amended by striking out the word "or" after the word "motor" in the last line of the definition of the term "vehicle," and inserting after the word "car" at the
s. 4 p.a.

Definition of end of the definition the words "or trolley bus."

"trolley bus."

Amendment of 3. Subsection (2) of section five of the principal Act s. 5 p.a. is hereby amended by striking out the words "twenty

pounds" in line six of the subsection and inserting the

following instead of the words struck out :—

(i) Where the annual license fee is less than one pound the penalty shall not be less than the annual license fee.

1935.] Traffic. [No. 39.

(ii)    Where the annual license fee is greater than one pound the penalty shall be one pound or not less than one-half of the annual license fee, which- ever is the greater.

(iii)    The maximum penalty shall be twenty pounds.

is hereby repealed and the following is enacted in lieu s' 6 P.S. 4. Subsection (2) of section six of the principal Act Amendment of

thereof:—

2. (a) A carrier's license is required for every vehicle used for the carriage of goods for hire or reward;

(b) A passenger vehicle license is also required for every such vehicle if it is used for the carriage of passengers in an area lying within a circle having its centre at the General Post Office, Perth, and a radius of thirty miles; or within the district of any local authority which lies partly within the area contained within that circle:

Provided that no license shall be required when

such vehicle is being used for the carriage of-

(i)    the owner or the wife or husband of the owner or any child of the owner or of the wife or husband of the owner, or for the carriage of any servant of the owner; or

(ii)    workmen to or from their work if no charge is made for hire or reward in connection with such use;

(c) Outside the areas mentioned in the preceding paragraph a passenger vehicle license shall also be required for any such vehicle if it is used both for the carriage of goods and for the carriage of pas- sengers for hire or reward, except with the permis- sion of the local authority on some special occasion to be stated:

Provided that permission shall not be granted unless in the opinion of the local authority the vehicle may be safely used and is suitable for the carriage of passengers; and, further, that the local

No. 39.] Traffic. [1935-

authority may at the time of granting such permis- sion impose any conditions which the local authority thinks necessary for the purpose of insuring the safety of the passengers to be carried on the vehicle.

Any person who fails to comply with any of such conditions shall be guilty of an offence against this Act.

Penalty: Twenty pounds.

Annual and

half-yearly	5. Sections nine, eleven and eleven A of the principal
licenses. See

60 of 1919,	Act are hereby repealed and the following new section
S. 11, as	is inserted in place of section nine:—
amended by
20 of 1930,
s. 7; and 3

of 1931, 5. 3. 9. (1.) In this section

"financial year" means the period of twelve months ending the 30th day of June.

"first quarter," "second quarter," "third quarter" and "fourth quarter" respectively mean the period of three months ending on the last days of September, December, March and June.

"first half-year" means the period of six months ending the 31st day of December ;

"second half-year" means the period of six months ending the 30th day of June.

(2.) Any license or licenses required for a vehicle may be granted

(a) for the full financial year; or

(b) subject to the conditions stated in this section for the first half-year or the second half-year

or such portion thereof as may be unexpired at the time

of granting.

(3.) Application for a license may be made in the month preceding or during the financial year or half-year in which the license is to have effect.

(4) (a) Where in any financial year a first half-year's license has not been issued for a vehicle, no license shall

1935.] Traffic. [No. 39.

be issued for the vehicle for the second half-year of that financial year in any ease where the vehicle was licensed-

(i)    for the preceding financial year; or

(ii)    for the second half of the preceding financial

year,

unless the number plates of the vehicle were deposited with the local authority which issued the same within fourteen days after the expiration of such preceding fin- ancial year or half-year, as the case may be.

The fee for a half-year's license shall be one half of the prescribed fee (including any additional fees pre- scribed by Part IL of the Third Schedule) for a year's license plus two shillings and sixpence.

(b)

(c)

The holder of a license for a vehicle for the first half-year who does not require a license for the vehicle for the second half-year shall return the number plates of the vehicle to the local authority which issued the same not later than -fourteen days after the expiration of the first half-year's license and if he fails to do so he shall be liable to pay the local authority the fee payable for a license for the second half-year notwithstanding he may not have obtained such license or have ceased to be the owner of the vehicle.

Any fee payable by the owner under the provisions of this subsection may be recovered as a penalty by com- plaint before any- two justices of the peace and may be added to any other penalty imposed on the owner in con- nection with the failure to license the vehicle.

(5.) When a license is granted by the local authority after the first quarter of the financial year, the local authority may, except in so far as it may be otherwise prescribed, grant a rebate of the prescribed fee as set out in the following table

The rebate of the prescribed fee

shall be

When the license is granted. In the ease of In the case of

a half-yearly a yearly

license. license.

In the second quarter ..	one-half	one-fourth
in the third quarter ..	nil	one-half
In the fourth quarter ..	one-half	three-fourths

(6.) In exceptional circumstances (the existence of which in each particular case it shall have an absolute

No. 39.] Traffic. [1935.

discretion to determine) the local authority may grant a license for a motor wagon or trailer, as defined in the Second Schedule, for the first quarter of the financial year, and the fee therefor shall be one-quarter of the pre- scribed fee (including any additional fees prescribed by Part II. of the Third Schedule) for a year's license, plus two shillings and sixpence :

Provided that this subsection shall only apply to a local authority the public office of which is situate north of the twenty-sixth parallel of south latitude and to a vehicle intended to be used solely in such part of the State :

Provided further, that a license for the first quarter shall not be granted for any vehicle in respect of which the owner is entitled to the benefit of the provisions of section ten of this Act relating to payment of half fees only.

Amendment at 6. Section ten of the principal Act is hereby

a. 10 p.p.

amended

(a) by striking out the second proviso of the section and inserting the following in its stead

"Provided also that any minister of religion

shall be entitled to obtain free of charge a

license for one vehicle owned and used by him."

(b) by the insertion of a paragraph in the fourth pro- viso, as follows :—

(iv) that the license is required for a motor vehicle which is owned by a bona fide kangaroo-

hunter, and which is used by such person dur- ing the currency of the license solely or mainly in connection with the occupation of kangaroo- hunting;

(c) by adding the following paragraph at the end of

the fourth proviso

"but if in the opinion of the local authority any such vehicle is not being used solely or mainly for any one of the purposes specified in paragraph (i) or in paragraph (ii) or in para- graph (iii) of this proviso the local authority may by notice in writing sent to the owner at his last known place of abode revoke the license : such revocation shall have effect unless and

until the remaining half of the license fee is

paid to the local authority";

1935.] Traffic. [No. 39.

(d) by adding a further subsection as follows:

(2.) If any vehicle is found on any road loaded in excess of the load capacity used in the com- putation of the license fee the owner shall be guilty of an offence against this Act and liable to a penalty not exceeding twenty pounds.

The court shall order the owner of the vehicle to pay the difference between the license fee already paid on the vehicle and the greater license fee which would have been payable if the vehicle had been originally licensed to carry a load equal to that which is found on the vehicle or to carry such load as is based on the reasonable carrying capacity of the vehicle whichever is the less.

The difference in fees shall be recoverable in the same manner as the license fee and the court shall make an order for the payment thereof accordingly and add the same to any penalty imposed by the court on the owner in respect of the loading of the vehicle in excess of the load on which the original license fee was based or in respect of the overloading of the vehicle.

7. Section twelve of the principal Act is hereby re- Amendment at s. 12 ma.

pealed and the following substituted therefor:—

12. (1.) The local authority of any district which has, after the commencement of this section, re- ceived any vehicle or other license fee for a vehicle shall, if the license has been substantially exercised in any other one particular district, pay a fair pro- portion of such fee on demand to the local authority of such last mentioned district.

(2.) If any dispute shall arise between any local authority which has issued any such license and any other local authority in any such particular district as to whether the license has been substantially ex- ercised in such last mentioned district or as to a fair proportion of the fee to be paid to the local authority of such last mentioned district the same shall be tried and determined by a police or resident magis- trate :n the prescribed manner.

No. 39.3 Traffic. [1935.

New section	8. A new section is hereby added after section twelve of the principal Act as follows:-
sanction re-

12A.

Minister may	12A. On the recommendation of the local author- ity concerned the Minister may sanction a refund of a fair proportion of the license fee paid under this Act in respect of any vehicle in any circumstances winch in the opinion of the Minister render it just and convenient that a refund should be made.
fee.
fund of license
Amendment of

13 p.a. 9. Section thirteen of the principal Act is hereby

amended

(a) by striking out the words "subject to section ten A but otherwise" at the commencement of subsec- tion (1) ;

(b) by striking out the words "subject to section

ten A" at the commencement of subsection (2).

Amendment of

S. 13 p.a. 10. Section eighteen of the principal Act is hereby amended by adding a proviso to paragraph (b) as fol- lows :-

Provided that no disc or tablet issued to a man. facturer or a dealer shall be used on a Sunday or on a public holiday without the permission in writ- ing of the local authority by which the plates were issued.

Cheer's 11. A new section is hereby added to the principal

licenses issued

by Commis- Act ;-

sinner to men-

faily or Physi-

tally incapable	20A. (1.) The Commissioner of Police may in his discretion suspend any license issued under the pre- ceding section to any person whom he suspects on reasonable grounds to be unfit to hold such license on account of mental incapacity or physical dis- ability pending an examination of the person con- cerned by a medical practitioner approved by the Commissioner.
persons may
be withdrawn.
(2.) If the report of the medical practitioner is to the effect that the person concerned is unfit to hold the license on account of mental or physical dis- ability, the same shall become void but otherwise shall continue in force.

Any person aggrieved by the decision of any such medical practitioner and the consequent void- ing of a license issued to him under the preceding

(3.)

1935.] Traffic. [No. 39.

section may, subject to regulations, appeal to the resident or stipendiary magistrate exercising juris- diction under the Local Courts Act, 1904-1931, in the district in which such license was issued, and such magistrate shall by virtue of this section have jurisdiction to hear and determine such appeal and to make such order in relation thereto as lie shall think fit. Any such order shall be final and con- clusive upon all parties concerned.

12. Section twenty-one of the principal Act is hereby A	s. 21 p.a
mendm ent of

amended

(a) by striking out the proviso to the section and sub- stituting the following proviso:—

Provided that the Commissioner of Police or any member of the police force acting with his authority may in his discretion issue a learner's permit for any period not exceeding two months to any person who desires to learn to drive a motor vehicle. Such permit may limit the hours and locality in which the learner may drive the vehicle and may specify the class of vehicle in respect of which the permit is issued.

Provided, however, that whilst the learner is driving the motor vehicle (not being a motor cycle) specified in the permit on a road a person licensed to drive the class of vehicle specified in the permit shall sit beside the learner.

(b) by adding a subsection as follows:--

(2) No person to whom a learner's permit has been issued shall drive the motor vehicle on a road otherwise than in accordance with the condi- tions of the permit, and every person who is instructing the learner to drive shall conform to the conditions of the permit.

Penalty: Ten pounds.

Repeal of a.

13. Section twenty-two of the principal Act is hereby 22 p.a.

repealed, and the following substituted therefor:- New section. Driver failing to give name

22. (1.) Any driver of a vehicle who when re- and address to police officer

quired by a member of the police force or an inspec-

or inspector ;

falling to stop.—

etc.

No. 39.] Traffic. [1935.

tor to state his name and place of abode refuses to do so, or states a false name or place of abode, or refuses or fails to stop his vehicle when called upon to do so by a member of the police force or an in- spector.commits an offence against this Act.

Penalty : Twenty pounds.

Falling to pro-

duce license.

(2.) Any driver of a vehicle who when required by any member of the police force or an inspector does not produce his driver's license on demand commits an offence against this Act, and shall be liable to a penalty not exceeding ten pounds : pro- vided that it shall not be an offence if the driver subsequently produces such license within three days after such demand to the officer in charge of the police station nearest to the place where he resides.

Amendment of

s. 25 p.a. 14. Section twenty-five of the principal Act is hereby

amended

(a)	by striking out the words "vehicle or," in the eighth line of the section, and inserting the words "vehicle has been damaged or whose";
(b)	by adding a subsection as follows :—

(2) If in the opinion of the court the offence is of a serious nature the court may make an order in all or any of the following terms:

(a) that any license held by the offender be can-

celled or suspended;

(b) that the offender be disqualified from holding any kind of driver's license under this Act during such period as the court orders.

(c) by adding a further subsection, as follows :-

(3.) In addition to the obligations set out in sub- section (1) it shall be the duty of any person, who in the course of using a vehicle on a road has caused injury to another person, to render such person all such assistance as may be necessary or practicable under the circumstances, including the obtaining of medical aid, and any person who re- fuses or neglects to render such assistance and

1935.] T raffic. [No. 39.

obtain such aid shall be guilty of an offence against

this Act.

Penalty: Fifty pounds; and, if hi the opinion of the court the offender has shown a callous dis- regard for the injured person, the court shall in addition impose a sentence of imprisonment for a term not exceeding twelve months.

15. A new section is added after section twenty-five New section 25A.

of the principal Act, as follows:—

Duty to report

accidents.

25A. Where, in the course of the use of any vehicle on a road, an accident occurs whereby bodily injury is caused to any person or damage is caused to any property the driver or person in charge of such vehicle shall (unless disabled by personal in- jury himself) report the accident forthwith to the officer in charge of the nearest police station or traffic inspector of the district of the nearest local authority.

Provided that it shall be a sufficient compliance with this section if a police officer or such traffic inspector attends at the scene of the accident and takes the necessary particulars of the accident.

Penalty: Twenty-five pounds.

16. Section twenty-nine of the principal Act is here-	s. 29 p.a.
Amendment of

by amended

(a)	by adding after the word "vehicle," in the first line of the section, the words "and any person to whom for the time being the possession or control of a vehicle may be entrusted."
(b)	by adding after the word "driving," in the fourth line of the section, the words "or who was in charge or control of."

17. Section thirty of the principal Act is amended by	Amendment of
s. 30 p.a.

substituting the words "the Commissioner" for the words

"the Minister" wherever they occur in the section.

18. A new section is hereby added after section thirty	80A.
New section

of the principal Act in Division 1 of Part IV. thereof :— 30A. (1) Any person on a visit to the State for

License for a

vehicle

licensed In

another State and used In

business purposes who desires while on such visit

this State on

a business

to drive a motor car owned by him and licensed in

visit.

No. 394 T Tame. [1935.

another State of the Commonwealth, may obtain a temporary license for that purpose on payment of the prescribed fee to the Commissioner of Police, but the issue of the license shall be in the discretion of the Commissioner.

(2.) The fee for such license shall be based on the fee chargeable for the same vehicle in this State but shall be charged proportionately according to the length of time for which the license is required, pro- vided that the fee shall not be less than one pound per month or part of a month.

(3) Every such license shall in respect of the motor car for which it is granted have effect as a vehicle license and also as a driver's license to the applicant and any person in his employ named there- in.

Subject as aforesaid the provisions of this Act applicable to motor car and to vehicle and driver's licenses and to licensed persons shall, ac- cording to their tenor, apply mu tatis inutandis to such cars and licenses as are mentioned in this sec- tion and to any person making use of such licenses.

(4)

Any such license granted under this section may be

forfeited for any cause for which a vehicle or driver's

license may be forfeited.

Amendment of 19. Subsection (3) of section thirty-four of the prin-

... (3) of a.

M p.a.

cipal Act is amended by striking out the words "or other

tyres of elastic material" at the end of the subsection.

Repeal of s

36 p.a. 20. Section thirty-five of the principal Act is hereby

New section. repealed and the following substituted therefor:-

35. (1.) The maximum weight to be borne by any one wheel of a vehicle laden or unladen shall be limited

(a)

in the case of a wheel equipped with a solid rubber tyre or a cushion tyre—according to the width of bearing surface of the tyre as set out in the table in the first part of the fourth schedule.

(b)

in the case of a wheel equipped with a steel

or an iron tyre—according to the width of

bearing surface of the tyre as set out in the

1935.] Traffic. [No. 39.

table in the second part of the fourth sche-

dule;

provided that this section shall not apply where the width of bearing surface of the tyre in question is six inches or more.

(2.)

For the purpose of this section the "width of the bearing surface of any tyre" shall be meas- ured when the tyre is not in contact with the road, and no account shall be taken of any extra width occasioned by use or otherwise.

(3.)

Any person who drives or causes or permits any vehicle to be driven on any road the width of tyre on any wheel of which is less than that pre- scribed by this section commits an offence.

Penalty: Twenty pounds.

(4.) Nothing in this section shall affect the pro-

visions of any regulation governing the maximum load to be carried on any vehicle or the thickness and condition of tyres to be used on any vehicle.

21. Section forty-one of the principal Act is hereby Amendment of I. 41 p.a.

amended as follows :—

(a) in subparagraph (i) of subsection (1)-

(i)    by adding a further paragraph after paragraph (a) as follows :—

(aa) regulate pedestrian traffic on roads and foot- paths and the rules to be observed by pedes- trians using roads and footpaths;

(ii)    by adding the following paragraphs after para-

graph (b):—

(ba) prescribe rules in regard to the safe con- struction of vehicles and prohibit the use of vehicles which do not conform to such rules;

(bb) prescribe the method of loading and dis- tributing the load on vehicles for the pur- pose of insuring safety to persons and pro- perty;

(iii)    by adding a paragraph after paragraph (e)

(ea) provide for registers to be kept in the pre-

scribed form by persons who let out any

vehicle or vehicles for hire on the "hire and

No. 39.] Traffic. [1935.

drive-yourself" principle and for the in-

spection of such registers by inspectors;

(iv)    by striking out the word "horses" in the fourth line of paragraph (m) and inserting the word "animals" instead.

(v)    by adding a further paragraph after paragraph

(m), as follows :—

(ma) regulate the use, management, and equip- ment during locomotion of the caravan type of vehicle when used or let for hire;

(vi)    by adding after paragraph. (s) the following new

paragraphs :—

(sa) provide for the placing, erection or installa- tion on roads or footpaths of traffic signs and directions, and for the marking on roads or footpaths of signs for the direction of traffic, both vehicular and pedestrian;

(sb) prescribe safety regulations in connection

with pillion riding;

(vii)    by adding a further paragraph after paragraph

(v)

(w) empower any local authority subject to its local government acts to make by-laws in respect of any area, or portion of the area, of a local authority situate outside the metropolitan area appointing stands and parldng places for different classes of vehicles and regulate the use thereof, and to appoint officers to take charge thereof ;

(b) by striking out the whole of subparagraph (xi) of subsection (1), and substituting the following

(xi) prescribe that any person who, as principal or agent, disposes of or acquires any vehicle shall give notice thereof to the local authority in the prescribed time and manner.

Amendment of

c 62 pat. 22. Section fifty-two of the principal Act is amended— (a) by adding at the end of subsection (3) a proviso

as follows:

Provided that the Minister may by general or special authority authorise local authorities or any particular local authority to accept the deposit of and retain possession of any such policy on his behalf.

1935.] Traffic. [No. 39.

(b)

by adding after the word "Minister" in the fourth

line of subsection (4) the words "or with any

local authority authorised to receive the same."

(c)

by striking out the words "and published in the

Gazette" in the fifth and sixth lines of subsec-

tion (4).

(d) by adding subsections as follows

(5)

Where any license is suspended under the pro- visions of the preceding subsection the owner of the vehicle shall forthwith deliver up the identification plates issued by the local auth- ority for the vehicle, and if the owner shall make default in delivering up the identifica- tion plates in accordance with the provisions of this subsection he shall be liable to a penalty not exceeding twenty pounds,. and the local authority may seize such identification plates wherever they may be found.

(6)

Where any claim is made against the insurance company under any policy effected under this section and such claim is paid by the insurance company, the company shall forthwith give notice of the fact to the local authority con- cerned.

23. The following new section is hereby added New sections.

after section fifty-two of the principal Act:-

52A. (1.) No person shall by advertisement or Advertising

public notification with the object of obtaining a pas- io nr passe

senger in a motor vehicle not licensed for the car- i; ga Prr

riage of passengers make it known that he or any other person intends to make any journey in a motor vehicle.

(2.) No person shall

(a) advertise any inquiry or request for convey-

ance in any motor vehicle;

insert or accept for insertion in any news- paper any advertisement of the nature here- inbefore referred to,

without the approval in writing of the Commis-

sioner of Police.

No. 39.] Traffic. [1935.

New Section 24. The following new section is hereby added after

section fifty-four of the principal Act:-

"Car watching"

prohibited. 54A. No person shall, upon any public street or public reserve, mind, care for, or take charge of a motor vehicle other than a motor vehicle of which he is the driver, or offer his services -for any such purpose: Provided that this section shall not apply to any public reserve set apart for parking under the control of any road board or municipality.

Penalty: Five pounds.

Amendment or

ee 25. The second schedule of the principal Act is here-

schedule p.a. by amended

(a) by adding under the column headed "vehicle" a

further term, namely, "caravan," before the term "carriage" in that column and by insert- ing the following description of the added term in the column headed "description":—

A vehicle which is designed or fitted as a habitation for any person or party in the course of any journey and which is capable of being propelled by its own power or which is drawn by another vehicle or by any tractive unit or animal power.

(b) by striking out the description of the term "motor car" and inserting the following instead

Any description of motor vehicle which is not specifically described in this schedule.

(c) by striking out the description of "motor carrier"' A motor vehicle constructed for the carriage therein or thereon of passengers or goods or both passengers and goods, designed to travel on three wheels and weighing unladen not more than twenty hundredweights; the term also in- cludes a motor cycle and sidecar weighing un- laden not more than twenty hundredweights where the motor cycle and sidecar are fitted or adapted for the carriage of goods and are used for that purpose. and inserting the following instead:—

(d)

by inserting at the beginning of the description of

the term "motor cycle" the following words—

"subject to the provisions of the preceding

description of a 'motor carrier'."

1935.] Traffic. [No. 39.

(e) by striking out the description of "motor wagon" and inserting the following instead:—

Any motor vehicle (not being a motor carrier or a motor cycle or a locomotive or traction engine) which is constructed for the conveyance therein or thereon of goods or merchandise or for the conveyance therein or thereon of any kind of materials used in any trade, business or industry or for use in any work whatsoever other than for the conveyance of passengers and includes a wagon driven by steam if fitted with wheels similar to those of a motor vehicle or to those of a sentinel or a similar vehicle. The term also includes any vehicle which comes within the popular conception of a motor car but which is fitted or adapted for the convey- ance of any such goods, merchandise, or materials and is in fact used for that purpose where the appropriate license fee for the vehicle licensed as a motor car would be less than the appropriate fee for the same vehicle licensed as a motor wagon.

(f) by striking out the description of "locomotive or traction engine" and inserting the following in its stead :-

Any description of vehicle defined by the Gov- ernor by Order in Council which is not pro- pelled by animal or human power and which in the opinion of the Governor is intended for haulage of goods therein or thereon at slow speeds. The term also includes a road roller.

(g) by striking out the description of "trailer" and

inserting the following instead :-

A vehicle (including a semi-trailer) drawn by another vehicle but not including a sidecar attachment to a motor cycle or any vehicle which comes within the foregoing description of a caravan.

(h) by inserting in the description of "semi-trailer" after the words "another vehicle" the words "and which comes within the description of a trailer" and by inserting after the word "but" in the first line the words "which is."

No. 39.] T raffic. [1935.

(i) by inserting the words "road tractor" under the "vehicle" and by inserting in the column headed "description" the following description oppo- site to the newly inserted words :—	word "semi-trailer" in the column headed
"A vehicle which is a tractive unit designed for hauling a trailer or semi-trailer."

Third schedule

n.a. (Part I.) 26. Part I. of the Third Schedule to the principal Act

amended. is hereby amended

(a) (i) by inserting after the word "cart" in the second line of the first proviso to that part the words "owned and".

(ii) by striking out in the first proviso the words "or for a cart mainly used for the car- riage of supplies to and produce from cattle and sheep stations" and inserting the following words instead of the words struck out—" or for a cart belonging to a pastoralist or grazier and mainly used for the carriage of supplies to and from the pastoral or grazing property of the pastoralist or grazier";

(b) by amending the scale of fees commencing "For a motor carrier fitted with pneumatic tyres" as f ollows :—

By striking out the words "used for the car- riage of persons only .. 0 0" and substituting the following—"used for the car- riage of persons only

£ s. d.

Where the weight of the vehicle

does not exceed 10 cwt. .. 1 10 0

Where the weight of the vehicle exceeds 10 cwt. but does not ex- ceed 20 cwt. 2 0 0"

(c) by amending the scale of fees commencing with the title "For motor or steam wagon using pneu- matic tyres" as follows-

(i) by striking out the first item and fee reading— "Of not exceeding 30 power load weight (p.l.w.)--25 0 0";

1935.] T raffle. [No. 39.

(ii) by inserting the following additional items and fees at the commencement of the scale:

Not exceeding 25 p.l.w.—£3 10 0;

Exceeding 25 p.l.w. but not exceeding 30

p.l.w.—£5 0 0;

(d) by adding after the scale of fees commencing with the title "For a locomotive or traction engine:—" the following new scale of fees in the words and figures following:

For a road tractor fitted with pneumatic

tyres:

Up to 40 power weights (p.w.)—£0 4s. Od.

(per power weight)

Exceeding 40 p.w. but not exceeding 50 p.w.-

£0 4s. 6d. per p.w.

Exceeding 50 p.w. but not exceeding 60 p.w.-

£0 5s. Od. per p.w.

Exceeding 60 p.w. but not exceeding 70 p.w.-

£0 5s. 6d. per p.w.

Exceeding 70 p.w. for every additional power

weight—£0 6s. Od. per p.w.

(e) in the scale of fees relating to trailers and semi- trailers by excising the words and figures fol- lowing:—

as from and including the first day of Jan- nary, 1931, for a trailer or semi-trailer:—

Up to 1 ton 5 cwts. including the weight of the trailer or semi-trailer plus declared maximum load—£. 4 Os. Od.

and inserting the following instead :—

For a trailer or semi-trailer:

Up to 10 cwt. including the weight of the trailer or semi-trailer plus declared max- imum load—£1 Os. Od.

No. 39.] Traffic. [1935.

Exceeding 10 cwt. but not exceeding 1 ton 5

cwt.—Q Os. Od.

Exceeding 1 ton 5 cwt. but not exceeding 1 ton

10 cwt.-24 Os. Od.

Exceeding 1 ton 10 cwt. but not exceeding 2

tons—£6 Os. Od.

(f)	by inserting in each of the three paragraphs deal- ing with increased fees for vehicles using cer- tain classes of tyres (other than pneumatic tyres) the words "and all trailers or semi- trailers" after the word "engines";
(g)	by striking out the following words :—

"If any substance other than petrol is used for power for motor vehicles or steam wagons or locomotive or traction engines an additional twenty per cent. of the above fees shall be charged" as they appear at the conclusion of the heading "Vehicle Licenses."

Repeal of	27. The fourth schedule of the principal Act is re-
fourth

schedule p.a,	pealed and the following new schedule enacted in its
New schedule
enacted.	stead:—

FOURTH SCHEDULE.

Scale of weights referred to in section thirty-five of the Act regulating maximum load (including the weight of vehicle) to be carried according to width of tyre on any one wheel of a vehicle.

First Part.

Maximum weight per inch width of tyre of solid rubber tyres or cushion tyres.

Weight in hundredweights per inch

Width of tyre. width of tyre.

For tyres under 314 inches ..	33/4
For tyres not less than 3%

inches but under 4 inches .. 3%

For tyres not less than 4 inches

but under 5 inches .. 41/4

For tyres not less than 5 inches

but under 6 inches .. 514

1935.] Traffic. [No. 39.

Second Part.

Maximum weight per inch width of tyre on steel or

iron tyres.

Weight per

Vehicle.	Width of Tyre.	inch, in	Load.
hundred. weights.

wheels. tons. cwt. qrs.

2 For Tyres of If inches ... 4 0 12 0

4	„	„	18	20	...	41	1	5	0
2	,,	IP	1*	,,	...	41	0	15	3
4	„	11	...	41	1	13	1
II	77
„	2	,,	•••	5	1	0	0
4	„	„	-	„	...	51	2	2	0
2	„	„	28	71	.4.	5f	1	7	2
4	„	„	24	„	.4.	51	2	17	2
2	„	...	6	1	16	0
12	3	„
„	3	...	61	3	15	0
1	„	2
2	„	„	3f	,,	..,	64	2	5

4 „ ... ... 6'j 4 14 2

Pi 77 3f

2 P7 ,, 4 ,, ... 7 2 16 0

4	„	"	4	„	.•.	...	71	5	16	0
2	„	4.	...	71	3	7	2
71	37
4	4l,	.	..	7j	6	19	2
PI	"
2	...	8	4	0	0
P3	SP	5	IP
4	81	8	5	0
II	„	0	IP	•• •
2	,,	/0	51	PP	...	...	81	4	13	2
4	„	„	51	„	...	...	81	9	12	2

The width of bearing surface as defined by section 4 of the Act is for the tyres as originally made, and does not permit of any extra weight by increased width owing to any spread of tyre occasioned by wear or otherwise.

Reprinting of

28. (1.) The principal Act, as amended by tins Act. Principal Act

shall be reprinted under the supervision of the Clerk of	with amend-manta—
the Parliaments.	method of
citation with
amendments.

(2.) In any such reprint:

(i)    the sections shall be renumbered in arithmetical

order and the cross-references adjusted.

(ii)    The alphabetical references before the several paragraphs in subparagraph (i) of subsection (1) of section forty-one of the principal Act shall be relettered in sequence, and where the letters of the alphabet are exhausted the suc- ceeding paragraphs shall. be lettered (za), (zb), and so on.

( iii) Section ten A of the principal Act shall be omitted and all references to section ten A of the principal Act not expressly excised by this Act.shall be struck out.

(iv) The fifth schedule of the principal Act shall be omitted, and wherever reference is made in the principal Act to the fifth schedule such reference shall be omitted.

No. 39.] Traffic. [1935.

(v)    The schedules shall be renumbered and any reference to the schedules shall be altered to conform to such renumbering.

(vi)    The following corrections shall be made:

In Part III. of the third schedule—the word "deriving" shall be substituted for the word "driving" in line three; the words "steam engine" shall be substituted for the error "steam-enigne" in line four.

(3.) The principal Act as amended by this Act may

be cited as the Traffic Act, 1919-1935.