Traffic Act Amendment Act (No. 4) 1959 (WA)

1959.] Traffic (No. 4). [No. 67.

TRAFFIC (No. 4).

8° Elizabeth II., No. LXVII.

No. 67 of 1959.

AN ACT to amend the Traffic Act, 1919-1959.

[Assented to 10th December, 1959.]

RE 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 nniatlem.

Amendment Act (No. 4), 1959.

(2) In this Act the Traffic Act, 1919-1959, is ZI=dr:r5 reprint

referred to as the principal Act.

23/4/58

in Vol. 12 of

the

(3) The principal Act as amended by this Act Ac a` amended hi

may be cited as the Traffic Act, 1919-1959.

Acta os. 97

and 59 of

1958 and

Noe. 12 and

18 of 1959.

No. 67.] Traffic (No. 4). [1959.

Commence-

ment. 2. This Act shall come into operation on a day to

be fixed by proclamation.

Ss. 33A and

338 added. 3. The principal Act is amended by adding after

section thirty-three the following sections-

Removal of

disqualifica-	33A. (1) Where by virtue of a conviction for the license to drive a vehicle that has been granted and issued to a person is sus- pended; or
tion and

suspension.

an offence against this Act or an order made by

a Court under this Act

a person is disqualified from obtaining a license to drive a vehicle; or the license is so suspended and the person so disqualified,

the person may at any time after the date of the conviction or order on complaint duly laid before any Court of Petty Sessions composed of a Stipendiary Magistrate and served on the Commissioner of Police as defendant to the proceedings, apply to the Court for an order removing the suspension or disqualification or both.

(2) The Court may if it thinks proper having regard to

(a) the safety of the public generally;

(b) the character of the complainant;

(c)	the circumstances of the case;
(d)	the nature of the offence;
(e)	the conduct of the complainant subse- quent to the conviction or order; and
(f)	the degree of hardship and incon- venience which would otherwise result to the complainant and his family, if it refrains from making the order;

make an order subject to the provisions of sub- section (4) of this section that the suspension

1959.] Traffic (No. 4). [No. 67.

or disqualification or both be removed as from such date as may be specified in the order or dismiss the complaint.

(3) Where a complaint made under this section is dismissed, no further complaint thereunder shall be heard if it is made within six months after the date the complaint is dismissed.

(a) Where the Court makes an order removing the suspension or disqualification or both, it shall if requested by the complainant direct the Commissioner of Police on payment of the prescribed fee to grant and issue to him an extraordinary license under section twenty- four A of this Act for such period not exceeding twelve months from the date on which it is issued, as the Court thinks fit and shall also specify in the direction such limitations and conditions, including conditions

(4)

as to the locality in which, the class of vehicle that may be driven under the authority of the license, the roads on and the hours during which the complainant is entitled to drive,

as the Court thinks proper, subject to the observance of which the authority to drive on roads pursuant to the license may be exercised.

(b) The Commissioner shall give effect to the direction and when issuing the license shall specify therein the limitations or conditions so ordered to be imposed.

(c)

An extraordinary license shall be renewed from time to time, on payment of the prescribed fee, by the Commissioner of Police or any member of the Police Force acting with his authority for any period not exceeding twelve months if during the currency of the license the holder of the license has not contravened any

No. 67.] Traffic (No. 4). 11959.

of the limitations and conditions which the Court imposed when directing the license to be issued and has otherwise complied with the provisions of this Act, and the renewal thereof shall be endorsed thereon by the person renew- ing it.

(d) Subject to the provisions of this Act, if the Court makes an order under the provisions of this section, the complainant is not entitled to apply for or be granted or issued with a license under the provisions of section twenty-three of this Act until after the expiration of the period for which the suspension or disqualification referred to in subsection (1) of this section would have, but for the making of the order, continued.

(5) (a) The holder of an extraordinary license issued under this section may from time to time during the currency of the license apply to the Court in the manner provided in sub- section (1) of this section, for an order varying the limitations and conditions to which the license is for the time being subject or cancelling and substituting other limitations and con- ditions therefor.

(b) If the Court is of opinion that the limitations and conditions, to which the extra- ordinary license is then subject, should be varied or cancelled and other limitations or conditions substituted therefor for the reason that the complainant has changed his place of residence, place of employment or hours of employment or for any other reason which the Court considers sufficient, the Court may order accordingly.

When an order is so made, the Commis- sioner of Police shall cause the limitations and conditions as so varied or substituted to be endorsed on the license.

(c)

The Court may order the complainant to

pay the whole or any part of the costs of an

application made under this section.

(d)

1959.] Traffic (No. 4). [No. 67.

33B. (1) Any person to whom an extraordin- P"agfing

ary license has been issued pursuant to the gingtra

provisions of section thirty-three A of this Act =17

shall not drive on a road any motor vehicle

(a)	at a time or in a locality other than as specified in the license;
(b)	other than the motor vehicle or the class of motor vehicles in respect of which the license was issued;
(c)	otherwise than in compliance with such other limitations and conditions, if any, as are specified in the license.

Penalty: One hundred pounds.

(2) In addition to the penalty which may be imposed under the provisions of subsection (1) of this section, the Court before which the defendant is convicted shall cancel the extra- ordinary license and declare the defendant disqualified from holding a license under this Division for such period as it thinks fit unless the Court thinks that, having regard to the special circumstances of the case, a fine would be an adequate punishment, for the offence.