Width of Tires Act 1895 (WA)

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ANNO QUINQUAGESIMO NONO

VICTORIA: R EGIN1E.

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No. XXXIX.

AN ACT to regulate the Width of Tires to be used on Certain Vehicles, and for other purposes.

[Assented to, Vieth October, 1.5'95.]

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

1.	IN this Act, unless the context otherwise requires-	Interpretation.
" Local Authority " means the municipal council of any numicipality as to roads within the limits of such municipality, the roads board of any district as to roads within such district, and as to all other public roads the Director of Public Works.
" Vehicle " means and includes any wagon, dray, cart, or lorry, but does not include any vehicle intended solely to carry passengers.

59° VICTORLE, No. 39.

Width of Tires Act, 1895.

Width of tires	2. ON and after the First day of May, One thousand eight hundred and ninety-six, no person engaged in building, constructing, selling, or making vehicles shall build, construct, or make, sell, or hire, or offer for sale or hire any vehicle, unless the width of the tires of such vehicle shall be in the following proportion to the diameter of the axle arms of such vehicle, namely:
prescribed.

When the diameter of the axle arm is

2 inches the width of the tire shall be 3 inches

24	the width of the tire shall be 31-
91	the width of the tire shall be 4 7- 1
-2	93
–1;1	the width of the tire shall be 42
3	the width of the tire shall be 5

ON and after the Thirtieth day of June, One thousand eight tralia any vehicle, the tires on the wheels of which vehicle are not of itimy such vehicle be imported, no person shall use or employ itthe width prescribed by or specified in the preceding section, s

No vehicle to be im- 3.

ported unless tires of	hundred and ninety-six, no person shall import into Western Aus-
prescribed width.
upon any public road.

Penalty for offences 4. ANY person offending against the provisions of either of the

against provisions of	two preceding sections shall be liable for each and every such offence,
Preceding sections.	upon conviction, to a penalty not exceeding Five pounds.

IF on or after the First clay of January, One thousand upon the public roads any vehicle, the tires of the wheels of which vehicle are not of the width prescribed by section two of this Act, he shall be liable for each and every such offence, Upon conviction, to a penalty not exceeding Five pounds.

Penalty for using 5.

vehicles with tires	eight hundred and ninety-nine, any person uses, employs, or drives
not of prescribed
width.

Axle arms and wheels - 6. (i .) ON and after the First clay of January, One thousand

eight hundr ed and ninety-six, ally local authority, or the mayor or

ma y be examined.

any councillor of a- municipality, or any member of a- roads board, or any officer of a municipality or roads board, or any officer or con- stable of the police force may measure and examine, or cause to be measured and examined, the axle arms, wheels, and tires of every vehicle in use on any public road, or imported into the Colony, or in the possession of any coach, carriage, or cart builder, or person having vehicles for sale or lure.

Penalty for refusing(2.) Any person who refuses to allow any local authority or or obstructing ex- any officer or person as aforesaid to measure or examine the axle amination. arms, wheels, or tires of any vehicle, or prevents or obstructs the

measurement or examination thereof, shall be liable for each offence,

upon conviction, to a penalty not exceeding Five pounds.

59° VICTORIYE, No. 39.

Width of Tires Act, 1895.

7. ON and after the First day of January, One thousand

Vehicles to have

eight hundred and ninety-nine, every vehicle in use on any	diameter of axles,
public road shall have the diameter of the axle arms painted on sonic	,do., painted on con-
conspicuous part on the off side thereof; and the owner of any	spicuous part.
vehicle who neglects to have such measurement painted as aforesaid, or who has the same so painted incorrectly, shall, upon conviction, forfeit and pay for each and every such offence a sum of not less than Five shillings nor more than Five pounds: And each and every clay (hiring which any vehicle shall continue to be used as aforesaid without having the measurement correctly painted as aforesaid shall be deemed a fresh offence :

8. (l.) EVERY local authority may from time to time make B local

and prescribe, amend, repeal, or add to such by-laws as it thinks fit aZthority may make.

for carrying this Act into effect.

(2.) Such by-laws shall, where the nature of the case permits,

state some maximum fine or penalty for any neglect or breach breach.

To state penalty for

thereof, provided that no such fine or penalty shall exceed Ten

pounds.

(3.) No by-law shall have any force or effect until the same

shall be confirmed by the Governor and be published in the Govern- pu be "nfirmed and	published.
ment Gazette.

(4.) The production of a copy of the Government Gazette Evidence by Govern-

containing any such by-law shall be conclusive evidence that such meat Gazette.

by-law was duly made and confirmed as aforesaid.

9. ALL offences against the provisions of this Act or the by-

laws made thereunder, in respect of which any fine or penalty is	Summary procedure.
imposed, may be heard and determined, enforced and recovered summarily before any two or more Justices of the Peace in Petty Sessions.

10. SECTIONS A, C, F, G, and H of " The Shortening Oorndsino‘fneSehoirnten-

Ordinance, 1853," shall be incorporated with and taken to form ing

part of this Act to all intents and purposes, and in as full and corporate&

complete a manner as if the said sections had been fully set forth

in this Act.

of the Peace for any offence against this Act, or from any order Appeal provided. 11. THERE shall be an appeal from any conviction by Justices

dismissing any information or complaint, or from any order for payment of money, whether for costs or otherwise : and the pro- ceedings on such appeal shall be conducted and regulated in the manlier prescribed by Part IX. of " The Police Act, 1892."

59° VICTORLE, No. 39.

Width of Tires Act, 1895.

Appropriation of 12. EXCEPT as hereinafter mentioned, every fine or penalty

fem., etc. imposed for any offence against this Act or the by-laws made there- under shall be paid to the Crown, provided that when any such fine or penalty is imposed for any offence committed within the limits of a municipality or of a district constituted tinder " The Roads Act, 1888," one moiety of such fine shall be paid to the municipal council or roads board within the limits of whose municipality or district such offence was coimnitted.

Short Title. 13. THIS Act may be cited as "The Width of Tires Act.

1895."

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

E uthority: MCEARD PET R Government Printer, Perth.