Traffic Act Amendment Act (No. 4) 1965 (WA)

No. 77.] Traffic (No. 4). [1965.

TRAFFIC (No. 4).

No. 77 of 1965.

AN ACT to amend the Traffic Act, 1919-1965.

[Assented to 30th November, 1965.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:—

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

Amendment Act (No. 4), 1965.

Approved for (2) In this Act the Traffic Act, 1919-1965 is

reprint 15th June, 1964, and	referred to as the principal Act.
amended by
Acts Nos. 51,

67 and 80 of	(3) The principal Act as amended by this Act may
1964 and No.

38 of 1965.	be cited as the Traffic Act, 1919-1965.
Commence-
ment.	2. (1) Subject to subsection (2) of this section, this Act shall come into operation on the first day of December, nineteen hundred and sixty-five.
(2) Section eight of this Act shall come into operation on the first day of July, nineteen hundred and sixty-six.

1965.] Traffic (No. 4). [No. 77.

8.5

3. The principal Act is amended by deleting amended.

paragraphs (c) and (d) of subsection (1) of section

five.

S. 7

4. Section seven of the principal Act is amended amended.

by adding after subsection (3) the following

subsection

(4) A local authority shall furnish to the Commissioner of Transport constituted under the State Transport Co-ordination Act, 1933, such particulars as may be prescribed of vehicles licensed by it pursuant to this Act. .

5. Section eleven of the principal Act is IP21.

amended

(a) by adding after subsection (3a) the following subsection

(3b) (a) A local authority shall charge one-half of the fee calculated in accord- ance with the Third Schedule to this Act for the issue of a license for a vehicle for the use of which throughout the period for which the license is issued a charge is payable under the Road Maintenance (Contribution) Act, 1965.

Where a license is required for a vehicle for the use of which a charge is payable under the Road Maintenance (Contribution) Act, 1965, by reason only of the issue of a permit under regulation five of the Traffic (Vehicle Weights) Regulations, 1963, the local authority shall, for that portion of the period for which the license is to be issued that is concurrent with the period for which the permit is valid, charge one-half of the fee otherwise payable for that period in accordance with the Third Schedule to this Act.

(b)

(c) Where a local authority has issued a license for a vehicle upon payment of the whole of the fee in accordance with the Third Schedule to this Act appro- priate to the period for which the license

No. 771 Traffic (No. 4). [1965.

was issued and, subsequently but during the currency of that license, by reason of-

(i)  the issue of a permit under regulation five of the Traffic (Vehicle Weights) Regulations, 1963; or

(ii)  the making of a proclamation under section eight of the Road Maintenance (Contribution) Act, 1965,

a charge becomes payable under the Road Maintenance (Contribution) Act, 1965 for the use of the vehicle, then the local authority shall repay to the owner of the vehicle one-half of such amount of the fee paid for the issue of the license as bears to that fee the same proportion as the period during the currency of the license for which the permit is valid or the proclamation applies to the vehicle bears to the whole of the period for which the license was issued.

(d) Where on the day of the coming into operation of the Road Maintenance (Contribution) Act, 1965, a license is in force in respect of a vehicle for the use of which a charge is payable under that Act, the local authority that issued that license shall repay to the owner of the vehicle one-half of such portion of the fee paid for the issue of the license as bears to that fee the same proportion as the unexpired period of the license on that day bears to the whole of the period for which the license was issued. ;

(b) by deleting the passage "and may in its discretion, in respect of any additional vehicle owned by that person," in lines two to four of subsection (5);

(c) by deleting paragraph (a) of subsection

(5);

1965.} Traffic (No. 4). [No. 77.

(d) by adding after subsection (5) the follow- ing subsections

(5a) Subject to subsection (5b) of this section, a local authority shall charge only one-half of the fee payable according to the scale in the Third Schedule to this Act for the issue of a vehicle license where it is proved to the satisfaction of the local authority that the license applied for is required for a motor wagon, motor carrier, trailer, semi-trailer, or any vehicle, other than a motor car or a tractor referred to in subsection (6) of this section, used for the purpose of hauling a trailer or semi-trailer that is owned by a person carrying on the business of farming or grazing on any farm or other land and will be used during the currency of the license solely or mainly for the carriage of the products of, or requisites for, that business.

(5b) a local authority shall not extend the provisions of subsection (5a) of this section to the licensing of a vehicle

(a)	the weight of which is less than thirty hundredweights;
(b)	for the use of which a charge is payable under the Road Main- tenance (Contribution) Act, 1965; or
(c)	that will be used in connection with the carrying on of the business of farming or grazing upon a farm or on land and there is in force a license to the issue of which the provisions of subsection (5a) of this section have been extended in respect of another vehicle used in connec- tion with the carrying on of the business of farming or grazing upon that farm or on that land. ;

(e) by deleting subparagraphs (iv) and (v) of

paragraph (b) of subsection (6);

No. 77.] Traffic (No. 4). [1965.

(f) by substituting for subsection (7) the following subsection

(7) The Minister may direct a local authority to issue a license or licenses in respect of an interchangeable semi- trailer or any of them upon payment of a reduced fee, but so that any reduction shall not exceed seventy-five per centum of the fee otherwise payable in accordance with the Third Schedule to this Act. ; and

(g) by repealing subsections (9) and (11).

S. 11AA 6. Section eleven AA of the principal Act is amended by adding after subsection (3), the following subsection

amended.

(4) For the purposes of subsection (2) of this section, any amount expended by a local authority

(a) on the repayment of a capital sum, borrowed by way of loan under Part XXVI of the Local Government Act,

1960, for the construction of roads or

the purchase of road-making plant; or

(b) as a capital sum, paid under a time payment contract entered into by virtue of section two hundred and seventy-three of the Local Government Act, 1960, for the purchase of road- making plant,

is deemed to be an amount expended on road

construction.

S. 13

amended.	7. Section thirteen of the principal Act is amended by adding after the passage, "Act," in line three of subsection (2), the passage, "other than subsection (3b) of section eleven,".
S. 14A
amended.	8. Section fourteen A of the principal Act is amended by deleting the passage, "an amount of one hundred and twenty thousand pounds, annually, for", in lines two, three and four of subsection (1).

1965.] Traffic (No. 4). [No. 77.

9. The principal Act is amended by adding after 2are'ds,

section fourteen A the following section-

14B. Any fee taken pursuant to the pverioadin6r

regulations on the issue of a permit for the permite.

carrying on a vehicle of a load exceeding a prescribed load shall be paid to the credit of the Main Roads Trust Account established under the Main Roads Act, 1930. .

10. Section twenty-five C of the principal Act is PP vaded.

amended by substituting for the passage, "Part IV" in line nine of subsection (1), the passage, "Part III".

5.51

11. Section fifty-one of the principal Act is amended.

amended

(a)	by adding after the word, "granted" in line one of subsection (1), the words, "under section six of this Act"; and
(b)	by deleting the words, "without being required to pay a further license fee", in lines seventeen and eighteen of subsection (1).

12. The principal Act is amended by substituting Schedule

for the Second Schedule the following schedule— substituted.

SECOND SCHEDULE.

Vehicle. Description.

Caravan (motor pro- A vehicle that is fitted or designed for

pelled) habitation for a person in the course of a journey and which is capable of being propelled by its own power.

Caravan (trailer type) A vehicle that is fitted or designed for habitation for a person in the course of a journey, and to be drawn by another vehicle or by any tractive unit or animal power.

No. 77.] Traffic (No. 4). [1965.

Vehicle. Description.

External power vehicle	A vehicle that derives its motive power from a source external to the vehicle or from an electrical storage battery which is not connected to any source of power when the vehicle is in motion.
Fork lift truck ....	A vehicle that is constructed or designed, and ordinarily used, for the loading, unloading and like movement of goods at a factory, warehouse, wharf, railway station or similar place and is of such nature as to be generally unsuitable for use on roads.
Mobile crane	A vehicle that has a crane permanently affixed to it and is not suitable for carrying any load other than the acces- sories necessary for the operation of the vehicle.
Motor car ..	Any motor vehicle designed primarily for the carriage of persons, whether the vehicle is, or is not, provided with space for the carriage of personal luggage, including the class of motor vehicles some of which are known by the trade name, "Estate Car", "Countryman", "Station Sedan" or "Station Wagon", which class is designed primarily for the carriage of passengers in rural areas and provided with greater space for the carriage of personal luggage and other things than is provided in motor cars designed for use in urban and suburban areas, and including also the class of three wheeled vehicle which is designed and controlled in a manner similar to a four wheeled motor car, but excluding motor cycles, motor carriers, and motor omnibuses.
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 includes a motor cycle and sidecar weighing unladen not more than twenty hundred- weights where the motor cycle and sidecar are fitted or adapted for the carriage of goods and are used for that purpose; and also includes a motorised wheel chair, being a class of chair-type vehicle fitted with a low powered motor and three or more wheels, and designed for the use of or by incapacitated or crippled persons only. The term "motor carrier" does not include the class of three wheeled vehicle which comes within the description of "motor car".

1965.] Traffic (No. 4). [No. 77.

Vehicle. Description.

Motor cycle	Subject to the provisions of the description of a "motor carrier", a motor vehicle designed to travel on two wheels and includes a sidecar attached to the vehicle
Motor wagon	Any motor vehicle (not being a motor carrier or a motor cycle or a locomotive or traction engine) that 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 that comes within the popular conception of a motor car but which is fitted or adapted for the conveyance of any such goods, merchan- dise, 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.
Omnibus	A vehicle used as a passenger vehicle to

carry passengers at separate fares.

Plant trailer A trailer to which there is permanently

affixed plant such as an air compressor, concrete mixer or welder and which is not suitable for carrying any load other than the accessories necessary for the operation of the vehicle.

Trailer	A vehicle (not including a semi-trailer) drawn by another vehicle but not includ- ing a sidecar attachment to a motor cycle or any vehicle that comes within the description of a caravan.
Semi-trailer	A vehicle that is drawn by another vehicle, and that comes within the description of a trailer but which is so constructed and by partial superimposition attached to the vehicle drawing the same in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle drawing it; the term also includes a type of trailer known as a Pole type jinker or pole type trailer.
Tow motor	A vehicle that is constructed or designed, and ordinarily used, for the towing of trailers at a factory, warehouse, wharf, railway station or similar place and is of such a nature as to be generally unsuitable for use on roads.

No. 77.] Traffic (No. 4). [1965.

Vehicle. Description.

Tractor (prime mover A motor vehicle that is a tractive unit

type) designed for hauling a semi-trailer.

Tractor (other than That class of motor vehicle, which, not

prime mover type) being designed for use primarily for the carriage on roads of passengers or goods, is designed for use primarily in industry, including, without limiting the meaning of the expression, "industry", agricul- tural pursuits, earth moving, forestry pursuits and industrial pursuits, generally.

Tractor plant	A motor vehicle that is or has permanently affixed to it an excavator, road roller, road grader, bulldozer, mechanical shovel, plough, rotary hoe or plant of similar nature and is not suitable for the carrying of any load other than acces- sories necessary for the operation of the vehicle.
Tow truck	A motor vehicle constructed and fitted with permanent hoisting equipment used or intended to be used for the lifting, partial lifting or towing of road vehicles and which is not suitable for the carry- ing of any load other than accessories necessary for the operation of the vehicle.

Third 13. The principal Act is amended by substituting

substituted. for the Third Schedule the following schedule

THIRD SCHEDULE.

PART I.

License fees for a period of twelve months are as indicated hereunder

LICENSE FEES FOR MOTOR VEHICLES.

1.    For a motor car

Tare Weight. Fee.

Exceeding Not Exceeding

cwt. cwt. s. d.

1 1 0 0

1	2	1	10	0
2	3	2	0	0
3	4	2 10	0
4	5	3	0	0
5	6	3	10	0

6	7	4 0 0
7	8	4 10 0
8	9	5 0 0
9	10	5 10 0
10	11	6 0 0

1965.] Traffic (No. 4). [No. 77.

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
11	12	6 10
12	13	7 0
13	14	7 10
14	15	8 0
15	16	9 0
16	17	9 10
17	18	10 0
18	19	10 10
19	20	11 0
20	21	12 0
21	22	12 10
22	23	13 0
23	24	13 10
24	25	14 10
25	26	15 0
26	27	15 10
27	28	16 0
28	29	16 10
29	30	17 0
30	31	19 10

Exceeding 31 cwt.—

f or the first 31 cwt. .. 19 10

and for each additional cwt. or part

thereof 10

2. For a motor wagon, tractor (prime mover type),

semi-trailer, tow truck and caravan (motor propelled)—

Tare Weight. Fee.

Exceeding Not Exceeding

cwt. cwt. £ s. d.

5   4

5	10	6
10	15	8
15	20	11 1
20	25	14 1
25	30	17
30	35	20
35	40	25
40	45	30

45	50	37
50	55	44
55	60	51
60	65	56
65	70	61
70	75	66
75	80	71
80	85	76
85	90	82
90	95	87
95	100	92

No. 77.] Traffic (No. 4). [1965.

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s	d.
100	105	98

105	110	103
110	115	108
115	120	113
120	125	118
125	130	123
130	135	128
135	140	133

Exceeding 140 cwt.

for the first 140 cwt.....	133	0	0
and for each additional 5 cwt. or

part thereof 5 0 0

3. For an omnibus

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s.	d.
15	7 10	0

15 20 10 0 0

20 25 12 10 0

25	30	15	0	0
30	35	17 10	0
35	40	20	0 0
40	45	22 10	0
45	50	25	0	0
50	55	27 10	0
55	60	30	0 0
60	65	32 10	0
65	70	35	0	0
70	75	37 10	0
75	80	40	0 0
80	85	42 10	0
85	90	45	0	0
90	95	47 10	0
95	100	50	0 0
100	105	52 10	0
105	110	55	0 0
110	115	57 10	0
115	120	60	0	0
120	125	62 10	0
125	130	65	0 0
130	135	67 10	0
135	140	70	0 0
140	145	72 10	0
145	150	75	0 0

Exceeding 150 cwt.

for the first 150 cwt	75	0	0
and for each additional 5 cwt. or

part thereof .... 2 10 0

1965.] Traffic (No. 4). [No. 77.

£ s. d.

4.	(a) For a motor cycle	2 10 0
(b) For a motor cycle with sidecar

attached 3 0 0

5.    For a motor carrier

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
10	4 0 0
10	15	6 0 0
15	8 0 0

6. For a caravan (trailer type)

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£	s.	d.
10	1	10	0
10	15	2	5	0
15	20	3	0	0
20	25	3	15	0
25	30	4	10	0
30	35	5	5	0
35	40	6	0	0
40	45	6	15	0
45	50	7	10	0

Exceeding 50 cwt.

for the first 50 cwt	7	10	0
and for each additional cwt. or part

thereof .... 5 0

7.

For a trailer

(a) Plant trailer

Tare Weight. Fee.

Exceeding Not Exceeding

tons tons £ s. d.

1 1 10 0

1	3	5	0	0
3	5	10	0	0

Exceeding 5 tons

for the first 5 tons .... 10 0 0

and for each additional ton or part

2 0 0

No. 77.] Traffic (No. 4). [1965.

(b) Trailers other than plant

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
10	1 10 0
10	15	3 0 0
15	20	5 0 0
20	25	10 0 0
25	30	20 0 0

Exceeding 30 cwt.—

f or the first 30 cwt. . .... 20 0 0

and for each additional cwt. or part

thereof 1 0 0

8. For a tractor (other than prime mover type or tractor plant)

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
15	7 10 0
15	20	10 0 0
20	25	12 10 0
25	30	15 0 0
30	35	17 10 0
35	40	20 0 0
40	45	22 10 0
45	50	25 0 0
50	55	27 10 0
55	60	30 0 0
60	65	32 10 0
65	70	35 0 0
70	75	37 10 0
75	80	40 0 0
80	85	42 10 0
85	90	45 0 0
90	95	47 10 0
95	100	50 0 0
100	105	52 10 0
105	110	55 0 0
110	115	57 10 0
115	120	60 0 0
120	125	62 10 0
125	130	65 0 0
130	135	67 10 0
135	140	70 0 0
140	145	72 10 0
145	150	75 0 0

Exceeding 150 cwt.—

f or the first 150 cwt	75	0	0
and for each additional 5 cwt. or

part thereof .... 2 10 0

1965. ] Traffic (No. 4). [No. 77.

9.    Tractor plant—fork lift truck and tow motor

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
15	1 18 0
15	20	2 10 0
20	25	3 3 0
25	30	3 15 0
30	35	4 8 0
35	40	5 0 0
40	45	5 13 0
45	50	6 5 0
50	55	6 18 0
55	60	7 10 0
60	65	8 3 0
65	70	8 15 0
70	75	9 8 0
75	80	10 0 0
80	85	10 13 0
85	90	11 5 0
90	95	11 18 0
95	100	12 10 0
100	105	13 3 0
105	110	13 15 0
110	115	14 8 0
115	120	15 0 0
120	125	15 13 0
125	130	16 5 0
130	135	16 18 0
135	140	17 10 0
140	145	18 3 0
145	150	18 15 0

Exceeding 150 cwt.

for the first 150 cwt	18 15	0
and for each additional 5 cwt. or

part thereof 12 0

10. Mobile cranes

(1) Where the owner lodges a statutory declara- tion that the crane will not be used or let for hire and will not be used on behalf of any person other than the owner

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
15	1 18 0
15	20	2 10 0
20	25	3 3 0
25	30	3 15 0
30	35	4 8 0
35	40	5 0 0

No. 77.] Traffic (No. 4). [1965.

Tare Weight. Fee.

Exceeding Not Exceeding

£ s. d.

cwt.	cwt.
40	45 5 13
45	50 6 5
50	55 6 18
55	60 7 10
60	65 8 3
65	70 8 15
70	75 9 8
75	80 10 0
80	85 10 13
85	90 11 5
90	95 11 18
95	100 12 10
100	105 13 3
105	110 13 15
110	115 14 8
115	120 15 0
120	125 15 13
125	130 16 5
130	135 16 18
135	140 17 10
140	145 18 3
145	150 18 15

Exceeding 150 cwt.

for the first 150 cwt	18 15 0
and for each additional 5 cwt. or

part thereof .... 12 0

(2) Where the crane is used or let for hire or is used to perform work on behalf of any person other than the owner

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
15	3 15
15	20	5 0
20	25	6 5
25	30	7 10
30	35	8 5
35	40	10 0
40	45	11 5
45	50	12 10
50	55	13 15
55	60	15 0
60	65	16 5
65	70	17 10
70	75	18 15
75	80	20 0
80	85	21 5
85	90	22 10

1965.] Traffic (No. 4). [No. 77.

Tare Weight. Fee.

Exceeding Not Exceeding

cwt.	cwt.	£ s. d.
90	95	23 15 0
95	100	25 0 0
100	105	26 5 0
105	110	27 10 0
110	115	28 15 0
115	120	30 0 0
120	125	31 5 0
125	130	32 10 0
130	135	33 15 0
135	140	35 0 0
140	145	36 5 0
145	150	37 10 0

Exceeding 150 cwt.—

f or the first 150 cwt	37	10 0
and for each additional 5 cwt or

part thereof 1 5 0

11. For a passenger vehicle or carrier's license issued

under section six—No fee.

PART II.

TRANSFERS.

The following fees are payable upon transfers of

licenses

Transfer of license of

£ s. d.

1.   Motor cycle, motor carrier,

caravan (trailer type) and

trailer (other than plant) .... 10 0
2.	Any other motor vehicle 1 0 0

PART III.

FEES RELATING TO DRIVERS' LICENSES.

The following fees are payable

£ s. d.

(a)	on the first application for a driver's license and on every sub- sequent application made after three months from the refusal of
any such license .... 2 0 0
(b)	on the issue, or renewal, of a driver's license (other than such as is appropriate to the passenger
vehicle class, only) ... 1 10 0
(c)	on the issue or renewal of a driver's license appropriate to the passen- ger vehicle class 10 0