Traffic Act Amendment Act 1961 (WA)

1961.] Traffic. [No. 65.

TRAFFIC.

10° Elizabeth II., No. LXV.

No. 65 of 1961.

AN ACT to amend the Traffic Act, 1919-1960.

[Assented to 28th November, 1961.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Traffic Act ralin:g:n.

Amendment Act, 1961.

Vol. 12 of the

(2) In this Act the Traffic Act, 1919-1960, is Reprinted

referred to as the principal Act.	Acts, asapproved
for reprint 23/4/58 and amended by

(3) The principal Act as amended by this Act Acts Nos. 57and 59 of

may be cited as the Traffic Act, 1919-1961.	52 and 67 of
1958, 7, 12, 18,
1959 and 48 of

No. 65.] Traffic. [1961.

S. 4

amended. 2. Section four of the principal Act is amended

(a)	by substituting for the word, "plying", in line one of the interpretation, "taxi-car", the words, "licensed to ply"; and
(b)	by substituting for the word, "plies", in line two of the interpretation, "private taxi- car", the words, "is licensed to ply".

S. 8

amended.	3. Section eight of the principal Act is amended by substituting for the words, "six hundred", in line six of paragraph (d) of the second proviso, the words, "seven hundred".
S. 14
amended.	4. Section fourteen of the principal Act is amended by repealing subparagraphs (i) and (ii) of paragraph (e) of subsection (2c) and re-enacting them as follows-

(i)   in such manner and proportions as the Governor, on the recommendation of the Commissioner of Main Roads, from time to time determines, in and for the purpose of defraying the cost of and incidental to the provision, construction, reconstruction, improvement, maintenance and supervision by the Commissioner of Main Roads of any road or bridge, other than such as is referred to in paragraphs (a), (b) and (d) of this subsection, that is within the Metropolitan Area so constituted and defined under this Act and the regulations;

(ii)    on the construction, erection and main- tenance of lights for the lighting of any road or bridge referred to in subparagraph (i) of this paragraph and in paragraphs (a) and (b) of this subsection; or .

S. 16

amended. 5. Section sixteen of the principal Act is amended by adding, after paragraph (b) of subsection (la), the following paragraph

(c) The court convicting a person of an

offence under this subsection shall, whether

imposing any penalty or not, order that person

1961.] Traffic. [No. 65.

to pay the prescribed transfer fee; and that order may be enforced as though the amount of the fee were a penalty imposed under this subsection.

6. Section forty-seven of the principal Act is 8. tided.

amended

(a) by repealing subparagraph (y) of paragraph (i) of subsection (1) and re-enacting it as follows

(y) provide for the placing, erection or installation, on roads or footpaths, of traffic signs, lights together with such equipment as is necessary for the efficient working thereof and directions for the control of traffic (whether vehicular or pedestrian including the driving of animals) and prohibiting or restricting the parking or standing of vehicles or vehicles of a specified class or classes, at all or at specified times, for the marking on roads or footpaths of signs for any of the foregoing purposes and for the regulation or prohibition of traffic, parking or standing, in relation to the signs, lights and directions; and authorise the Commissioner of Main Roads or other person to exercise any of the powers conferred by this subparagraph and to remove any existing signs, lights or directions, however or by whomever placed, erected, installed or marked;

(b) by inserting immediately after the word, "empower", being the first word in subpara- graph (b) of paragraph (viiia) of subsec- tion (1), the passage, "the Commissioner of Main Roads,"; and

No. 65.] Traffic. [1961.

(c) by adding, after subsection (2), the follow-

ing subsection

(2a) Any traffic sign, light, direction or marking placed, erected, installed or made, on any road or footpath, by the Commissioner or the Commissioner of Main Roads or pursuant to any regula- tion, before the commencement of the Traffic Act Amendment Act, 1961, shall be deemed to have been lawfully placed, erected, installed or made and to have been placed, erected, installed or made by the Commissioner of Main Roads, in the exercise of powers conferred by regula- tions made pursuant to subparagraph (y) of paragraph (i) of subsection (1) of this section.