Friday, October 14, 2011

TRANSPORT REGULATION ACT 1958 & 1983

TRANSPORT REGULATION ACT 1958.
 An Act to consolidate the Law relating to the Transport Regulation Board and Commercial Passenger Vehicles.
[30th September, 1958.]
3. (1) In this Act unless inconsistent with the context or subject-matter—
" Motor car " means motor car within the meaning of the Motor Car Act 1958.
" Operate" means (in the case of any vehicle) carry passengers for hire or reward or for any consideration or in the course of any trade or business whatsoever, and " operation " has a corresponding interpretation.
" Owner " includes every person who is the owner or the joint owner or part owner of a commercial passenger vehicle and any person who has the use of any vehicle under a hiring or hire purchase agreement, and includes any person in whose name a vehicle is registered under the Motor Car Act 1958, but does not include an unpaid vendor of a vehicle under a hire purchase agreement.
" Passenger " does not include driver or conductor.
" Public highway" means any street road lane bridge public thoroughfare or place open to or used by the public for passage with vehicles.
(2) A motor car shall be deemed to operate as a commercial passenger vehicle if any offer is made to carry passengers therein for hire or reward or for any consideration or in the course of any trade or business whatsoever.
An Act to amend the Transport Regulation Act 1958, and for other purposes.
[6th December, 1977.]
1. (1) This Act may be cited as the Transport Regulation (Amendment) Act 1977
(2) In this Act the Transport Regulation Act 1958 is called the Principal Act. 
2. After section 3 (2) of the Principal Act there shall be inserted the following sub-section :—
" (3) Notwithstanding anything to the contrary in sub-section (1) or sub-section (2)—
{a) a motor car is not a commercial passenger vehicle by reason only of the fact that it is used or intended to be used for carrying passengers for a consideration consisting only of the right of the owner or driver thereof or a member of the family of the owner or driver thereof residing in the same household with him to be carried on any occasion as a passenger in another motor car without charge ; and
(b) a motor car shall not be deemed to operate as a commercial passenger vehicle by reason only of the making of an offer to carry passengers therein for a consideration consisting only of the right of the owner or driver thereof or a member of the family of the owner or driver thereof residing in the same household with him to be carried on any occasion as a passenger in another motor car without charge.
" Transport Act 1983 No. 9921
An Act to Re-enact with Amendments the Law relating to Transport including the Law with respect to Railways, Roads and Tramways, to repeal the Country Roads Act 1958, the Melbourne and Metropolitan Tramways Act 1958, the Ministry of Transport Act 1958, the Railway Lands Acquisition Act 1958, the Railways Act 1958, the Road Traffic Act 1958, the Transport Regulation Act 1958, the Melbourne Underground Rail Loop Act 1970, the Recreation Vehicles Act 1973, the Railway Construction and Property Board Act 1979 and certain other Acts, to make consequential amendments to various Acts and for other purposes.
[Assented to 23 June 1983]
Part VI.—Traffic Regulation, Registration and Licensing ss. 86-207.
Division 1 —General Provisions ss. 86-91. Division 2—Traffic Regulation ss. 92-97,
Division 3—Recreation Vehicles ss. 98-118.
Division 4—Road Transport Licensing Tribunal ss. 119-137.
Division 5—Commercial Passenger Vehicles ss. 138-162.
Division 6—Private Omnibuses ss. 163-166,
Division 7—Hire and Drive Omnibuses ss. 167-170.
Division 8—Tow Trucks ss. 171-185.
Division 9—Commercial Goods Vehicles ss. 186-197.
Division 10—Passenger Ferry Services ss. 198-207.
Part VII.—Prosecutions, Enforcement and Penalties ss. 208-230.
Division I—Interpretations s. 208.
Division 2—Infringements ss. 209-215.
Division 3—Enforcement Provisions ss. 216-220,
Division 4—Offences and Penalties ss. 221-228.
Division 5—Prosecutions and Evidentiary Provisions ss. 229-230,
DIVISION 2—TRAFFIC REGULATION 92.
In this Division unless inconsistent with the context or subject- matter—
"Owner", in respect of a vehicle—
(a) where the vehicle is a motor car, means the person in whose name the motor car is registered under the Motor Car Act 1958 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act (whether the property in the motor car is vested in him or not); and
(b) where the vehicle is not a motor car, includes a sole owner, joint owner or part owner of the vehicle or any person who has the possession and use thereof under or subject to a hire-purchase agreement or bill of sale or like instrument.
93. (1) The Governor in Council may make regulations for or with respect to the regulation and control of vehicular animal or pedestrian traffic on streets or roads and any matter incidental or related thereto and in particular without affecting the generality of the foregoing for and with respect to—
(a) prescribing rules to be observed [does not say obey] by persons driving or in charge of vehicles or animals and by pedestrians and maximum speeds for vehicles;
(b) prescribing standard warning and operative signs and safety devices and the siting thereof and regulating the installation and maintenance thereof;
(c) prescribing marks for use on the surface of streets or roads;
(d) prescribing the legal effect of any such signs devices or marks and the evidence that shall be sufficient to prove the existence of any such sign device or mark;
(e) eliminating causes of danger and of congestion of traffic;
(f) delegating—
(i) to a municipal council or any officer of a municipal council;
(ii) to a prescribed public authority or any other officer of a prescribed public authority; or
(iii) to any other prescribed person— any authority, discretion or power in relation to the regulations subject to any conditions or restrictions that the Governor in Council thinks fit;
(g) regulating bicycle racing or speed trials on any highway;
(h) prescribing penalties not exceeding 8 penalty units for any breach of the regulations; and
(i) generally prescribing any matter or thing authorized or required to be prescribed by this Division.
(2) Any such regulation may be general or may be restricted in operation as to time place vehicles persons or circumstances whether any such time place vehicle person or circumstance is determined or ascertainable before at or after the making of the regulation. (3) Regulations made under sub-section (1) shall have full force and effect notwithstanding anything to the contrary in any regulation or by-law made under this Act or under any other Act.
(4) Any provisions of any regulation or by-law made under any other Part of this Act or under any other Act which are inconsistent with any regulation made under sub-section (1) or any by-law which limits the speed at which vehicles may be driven shall be of no force or effect.
(5) The Governor in Council may by Order at the request of any public authority or other person prescribed for the purposes of this section extend the application of the provisions of this Division to any land or premises vested therein or under the control thereof and thereupon the provisions of this Division and the regulations made hereunder shall extend and apply to the land or premises so far as applicable and with such modifications as are necessary in all respects as if the land or premises were a street or road and, in particular, with the modification that in any such regulations any reference to a highway authority shall be read and construed as including the public authority or other person in which the land or premises is vested or by which the land or premises is controlled (as the case requires).
(6) The Governor in Council may by Order at the request of the Minister of Public Works extend the application of the provisions of this Division to any land or premises used for or in connexion with any public offices of the Crown and thereupon the provisions of this Division and any regulations made hereunder shall extend and apply to the land or premises so far as applicable and with such modifications as are necessary in all respects as if the land or premises were a street or road and, in particular, with the modification that in any such regulation any reference to a highway authority shall be read and construed as including the Minister of Public Works. 
(7) Any person or body corporate having authority pursuant to the regulations made under this Division so to do may, without unduly obstructing the thoroughfare, install and maintain in or upon any street or road any standard warning or operative sign or safety device or mark, parking area, traffic island, or other device or thing prescribed or authorized by such regulations for the regulation and control of vehicular animal or pedestrian traffic.
(8) The mere presence on any street or road of any such installation or of any pole barrier stand or other device used in connexion therewith or for the support thereof shall not of itself constitute the installation or any such pole barrier stand or other device an unlawful obstruction of or interference with any such street or road or the use thereof Where any such installation or any barrier pole flag or other device operated or used in connexion therewith requires or is authorized to be operated or used by some person to be effective for the regulation and control of vehicular animal or pedestrian traffic the operation or use thereof in accordance with the regulations shall not for any purpose be regarded as an unlawful obstruction of or interference with any such street or road or the use thereof. 95. Any person guilty of an offence against this Division or who contravenes or fails to comply with any provision of the regulations made under this Division for which no other penalty is provided shall be liable to a penalty of not more than 8 penalty units. 96. Any member of the police force may without warrant arrest any person who within his view commits any offence against this Division or against any regulation made under this Division and who upon being requested to give his name and address refuses or fails to do so or gives a name or address which the member of the police force reasonably suspects to be false.
DIVISION 1—INTERPRETATIONS
208. In this Part unless inconsistent with the context or subject-matter—
"Authorized officer" means a person who may take proceedings for any breach of regulations made under section 93 pursuant to section 97(l) or 97(2).
"Infringement" means a parking infringement, a traffic infringement or a transport infringement.
"Motor Car" means a motor car within the meaning of the Motor Car Act 1958 and includes a trailer.
"Owner"—
(a) where the vehicle is a motor car, means the person in whose name the motor car is registered under the Motor Car Act 1958 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act (whether the property in the motor car is vested in him or not); and
(b) where the vehicle is not a motor car, includes a sole owner, joint owner or part owner of the vehicle or any person who has the possession and use thereof under or subject to a hire-purchase agreement or bill of sale or like instrument.
"Prosecution officer" means a person appointed for the purposes of this Part by the Chief Commissioner of Police or a person who may take proceedings for any breach of a regulation made under section 93 pursuant to paragraph (b), (c) or (d) of section 97(1). 
DIVISION 2—INFRINGEMENTS
209. (1) When any parking infringement occurs in relation to any vehicle the person who at the time of the occurrence of the parking infringement is the owner of the vehicle shall by virtue of this section be and be deemed to be guilty of an offence against the Act by-law rule or regulation concerned in all respects as if he were the actual offender guilty of the infringement unless the court is satisfied that the vehicle was a stolen vehicle or a vehicle illegally taken or used.
(2) Nothing in sub-section (1) shall affect the liability of the actual offender, but where the full amount of any penalty has been paid by the actual offender or owner in relation to any parking infringement (whether pursuant to section 210 or upon the order of a stipendiary magistrate or Magistrates' Court) no further penalty shall be imposed on or recovered from the owner or actual offender in relation thereto.
(3) Notwithstanding anything in sub-sections (1) or (2) no owner of the vehicle shall by virtue of this section be guilty of an offence if—
(a) before or within fourteen days after the service on him of a summons in respect of the parking infringement concerned he supplies in a sworn statement in writing to the informant the name and address of the person who was in charge of the vehicle at the relevant time; or
(b) he satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
(4) Any statement purporting to be made under sub-section (3) (a) if produced in any proceedings against the person named therein and in respect of the parking infringement concerned shall be prima facie' evidence that such person was in charge of the vehicle at all relevant times relating to such parking infringement.

4 comments:

  1. could you please contact me on simonemarguerite@gmail.com

    Happy New Year 2012

    ReplyDelete
    Replies
    1. i am sorry but i have only just discovered your comment.

      Delete
  2. I don't see anywhere that it says a vehicle cannot travel unless it is registered?

    ReplyDelete