Traffic (Amendment) Act 1989 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Traffic (Amendment) Act 1989

No. 22 of 1989

An Act to amend the Traffic Act 1937

[Notified in ACT Gazette S36:  22 November 1989]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Traffic (Amendment) Act 1989.

Principal Act

2.  In this Act, “Principal Act” means the Traffic Act 1937.1

Interpretation

3.  Section 4 of the Principal Act is amended—

(a)by omitting the definition of “bicycle path”;

(b)by omitting “driving a vehicle and includes any person riding a bicycle” from the definition of “driver” and substituting “driving or riding a vehicle”;

(c)by inserting “ ‘pedestrian’, ‘pedestrian crossing’,” after “ ‘off-street parking area’,” in the definition of “inspector” and other expressions;

(d)by omitting “and ‘traffic sign’ ” from the definition of “inspector” and other expressions and substituting “, ‘traffic sign’ and ‘wheelchair’ ”;

(e)by omitting the definition of “pedestrian”; and

(f)by omitting the definition of “vehicle” and substituting the following definition:

“ ‘vehicle’ means—

(a)a bicycle; and

(b)a carriage drawn by an animal.”.

Substitution

4.  Section 5 of the Principal Act is repealed and the following section substituted:

Walking or moving about without due care

“5.  A person shall not—

(a)walk upon a public street; or

(b)use a wheelchair upon a public street;

without due care and attention or without reasonable consideration for other persons using the street.

Penalty:  $100.”.

Substitution

5.  Sections 12 and 13 of the Principal Act are repealed and the following section is substituted:

Attachment of cyclists to vehicles

“12.  (1)  The driver of a vehicle or motor vehicle shall not knowingly permit—

(a)a person riding a bicycle to be attached to the vehicle; or

(b)a bicycle being ridden by a person to be attached to the vehicle;

while the vehicle is in motion upon a public street.

“(2)  A person riding a bicycle upon a public street shall not remain attached, or permit the bicycle to remain attached, to a vehicle or motor vehicle while the vehicle is in motion.

Penalty:  $100.”.

Further amendments

6.  The Principal Act is amended as set out in the Schedule.

SCHEDULE  Section 6

FURTHER AMENDMENTS

Subsection 7 (1)—

Omit “, bicycle”.

Section 8A—

Repeal the section.

Subsection 8C (2)—

Omit “or a bicycle path”.

Section 9—

Omit “or cycle path”.

Section 10—

Omit “or bicycle path”.

Section 11—

Omit “or bicycle path”.

Subsection 15 (3)—

Omit the subsection.

Section 21—

Omit “(including a motor vehicle), bicycle”, substitute “, motor vehicle”.

Section 24—

Omit “or bicycle”.

Subsection 25 (1)—

Omit “a bicycle or”.

Subsection 25 (2)—

Omit “the last preceding sub-section”, substitute “subsection (1)”.

Paragraph 25 (2) (b)—

Omit “, bicycle”.

Subsection 25 (2A)—

Omit the subsection.

Subsection 25 (3)—

Omit “a bicycle or animal”, substitute “an animal”.

Subsection 26 (1) (definition of “pedestrian crossing”)—

Omit the definition.

Subsection 26 (2)—

Omit “step”, substitute “move”.

Subsection 26 (5)—

Omit the subsection.

Paragraph 28 (1) (b)—

(a)Omit “(including a motor vehicle), bicycle”, substitute “, motor vehicle”.

(b)Omit “the vehicle, bicycle” (wherever occurring), substitute “the vehicle, motor vehicle”.

Paragraph 28 (1) (d)—

(a)Omit “(including a motor vehicle), bicycle”, substitute “, motor vehicle”.

(b)Omit “the vehicle, bicycle”, substitute “the vehicle, motor vehicle”.

Subsection 28B (1)—

Omit “other” (second occurring).

Subsection 29 (1)—

Omit “any vehicle”, substitute “a vehicle, other than a bicycle,”.

Subsection 29 (2)—

Omit “a vehicle” (first and second occurring), substitute “a vehicle, other than a bicycle,”.

Section 30—

Omit “or bicycle path” (wherever occurring).

Subsection 32 (1)—

(a)Omit “(including a motor vehicle), bicycle”, substitute “, motor vehicle”.

(b)Omit “another vehicle, bicycle”, substitute “another vehicle”.

(c)Omit “lastmentioned vehicle, bicycle”, substitute “lastmentioned vehicle”.

Paragraph 32 (1) (a)—

Omit “, bicycle”.

Subparagraph 32 (1) (b) (i)—

Omit “bicycle”, substitute “motor vehicle”.

Paragraph 32 (1) (b)—

Omit “owner of the vehicle, bicycle”, substitute “owner of the vehicle”.

Section 33—

Omit “, bicycle” (wherever occurring).

Subsection 35 (1)—

Omit “, bicycle” (wherever occurring).

NOTE

1. Ordinance No. 32, 1937 as amended by No. 3, 1944; No. 2, 1955; No. 12, 1960; No. 9, 1964; No. 19, 1966; No. 39, 1974; Nos. 64 and 65, 1977; No. 3, 1978; No. 9, 1981; No. 12, 1982; Nos. 2 and 43, 1984; No. 74, 1986; No. 19, 1987; No. 68, 1988; Nos. 21 and 38, 1989.

[Presentation speech made in Assembly on 28 September 1989.]

© Australian Capital Territory 1989