Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Repeal and saving
4. Interpretation
4A. Notes
5. Position of the Crown
6. Registrar of Motor Vehicles
6A. Deputy Registrars of Motor Vehicles
6B. Inspectors
6C. Medical testing officers
6D. Motor traffic officers
6E. Vehicle Inspection Manual
6F. Amendment of Manual
6G. Copies of Manual and instruments of variation
6H. Evidence of Manual
6J. Interpretation of Manual
6K. Inspection of Manual
PART 1A--DRIVING LICENCES
7. Classes of licences
7A. Learner licences and learner licence receipts
7B. Provisional licences and endorsements
8. Full licences
8AA. Grant of probationary licences
8A. Grant of full or provisional licence to former probationary licensee
8B. Conditions on licences
9. Refusal of licences to certain persons
10. Medical examination of applicants for and persons holding driver's licences
11. Driver wearing corrective lenses
11A. Special probationary driving licence
11B. Special probationary driving licence—evidence of application inadmissible
11C. Special probationary driving licence—grant
11D. Special probationary driving licence—contravention of conditions
12. Fees for registration, licences, examinations and inspections
12AA. Road rescue fee
12A. Cancellation of licence of holder of corresponding licence
13. Driving licence to be signed
13A. Interpretation
13B. Accreditation
13C. Further information
13D. Certificate of accreditation
13E. Duration of accreditation
13F. Production of certificate
13G. Display of certificate of accreditation
13H. Suspension or cancellation of accreditation
13J. Further suspension or cancellation
13K. Disqualification
13M. Return of certificate of accreditation
13N. Further training
13P. Use of vehicle for instruction
13Q. Insurance
13R. Learner driver log books
13S. Completion of learner driver log books
13T. Holding out
13U. Code of practice
13V. Notification and commencement of code
13W. Public access to code
13X. Territory not liable
13Y. Approval of training courses
PART 2--REGISTRATION OF MOTOR VEHICLES
14. Registration of motor vehicles and trailers
14A. Design rules
15A. Manner of determining GCM or GVM of vehicles
16. Certificate of registration
17A. Design of number-plates
17B. Issue of number-plates upon registration
18. Affixing number-plates
19. Replacement of number-plates
20. Loss, theft or destruction of number-plates
20A. Return of surplus number-plate for motor cycle
21. Use of number-plates restricted
22. Sale or disposal of vehicle
23. Transferring of number-plates to vehicle of the same class
24. Sale of motor vehicle on behalf of other persons
25. Alteration in description of motor vehicle or trailer
26. Registration of altered motor vehicle or trailer
PART 2AA--INSPECTION OF MOTOR VEHICLES AND TRAILERS FOR REGISTRATION
26AA. Interpretation
26AB. Issue of identity cards to inspectors
26AC. Register of authorised examiners
26AD. Appointment of authorised examiners
26AE. Certificates of appointment
26AF. Revocation of appointment of authorised examiner
26AG. Approval of authorised premises
26AH. Certificates of approval
26AJ. Inspection of premises prior to approval
26AK. Cancellation of approval of premises
26AL. Cessation of approval
26AM. Motor vehicles and trailers to be inspected on request
26AN. Duties of authorised examiners when carrying out inspections
26AP. Certificates of inspection
26AQ. Persons by whom inspections may be carried out
26AR. Fees payable by proprietors
26AS. Fees payable on inspection
26AT. Offences
26AU. Design rules to be kept at authorised premises
26AV. Certificate of approval to be exhibited at authorised premises
26AW. Renewal of authorities
26AX. Notice to be displayed at authorised premises
26AY. Proprietor of authorised premises to give notice on ceasing to be proprietor
26AZ. Change of name of proprietor of authorised premises to be notified
26AZA. Change of address of authorised examiner to be notified
26AZB. Review of decisions of authorised examiner
26AZC. Inspections
26AZD. Issue of copies of certificates
26AZE. Fees for inspections
26AZF. Manner of giving notices
26AZG. Evidence
PART 2A--RESERVATION OF REGISTRATION NUMBERS
26A. Interpretation
26B. Application for reservation of registration number
26C. Reservation of registration number
26D. Issue of number-plates
26E. Extension of period of reservation
26F. Manner of giving notice
26G. Other provisions not affected
PART 2B--SPECIAL REGISTRATION NUMBERS
26H. Interpretation
26J. Applications
26K. Nature of rights
26L. Rights sold by Territory
26M. Rights granted in respect of certain numbers
26N. Duration of reserved rights
26Q. Assignment of rights
26R. Exercise of rights
26S. Hire of special number-plates
PART 3--PUBLIC MOTOR VEHICLES, PRIVATE HIRE CARS AND RESTRICTED HIRE VEHICLES
26T. Interpretation
27. Taxi and motor omnibus licences
27A. Rights to be granted licences
27B. Limitation on number of taxi licences
27C. Assignment of rights
27D. Restricted taxi licences
27E. Limitation on number of restricted taxi licences
27F. Variation on application—restricted taxi licences
27G. Variation by Registrar—restricted taxi licences
27H. Display of restricted taxi licence etc
28. Licences for private hire cars
28A. Restricted hire vehicles
28B. Variation on application—restricted hire vehicle licences
28C. Variation by Registrar—restricted hire vehicle licences
28D. Restricted hire vehicles treated as private hire cars
28E. Display of restricted hire vehicle licence etc
29. Licences for the carriage of visitors to the Territory
30. Suspension or cancellation of certain licences
31. Certain persons to have use, control and management of vehicles
31A. Number of passengers
32. Fire extinguisher to be carried
33. Licence to conduct motor omnibus service
34. Visiting motor omnibus licence
35. Disinfection of vehicles
36. Taxi fares
37. Motor omnibus fares
39. Dangerous or offensive articles
PART 4--TRADERS
40. Trader's licences and trader's plates
41. Vehicles on which trader's plates may be used
42. Use of trader's plates
43. Sale etc of business and transfer of plates
44. Revocation etc of right to use trader's plates
45. Return of trader's plates
46. Affixing trader's plates
47. Record of use of trader's plate
48. Traders to furnish particulars as to sales etc
PART 5--INSURANCE
49. Interpretation
50. Application of Part to Territory and Commonwealth motor vehicles
51. Use of motor vehicle without third-party insurance
52. Registration etc without evidence of third-party insurance
53. Issue of Certificate and Third-party Policy
54. Policies of insurance
55. Actions for damages in case of death or bodily injury
56. Trader's policy to apply
57. Cancellation of third-party policy
58. Appeal against refusal to issue or against cancellation of policy
59. Authorised insurers
60. Holding out as authorised insurer
61. Recovery of money from insurers
62. Recovery by insurer from owner
63. Recovery by insurer from driver
64. Limitation of amount recoverable
65. Effect of payment by authorised insurer
66. Presumption of agency
67. Right of authorised insurers against unauthorised drivers
68. Authorised insurer may take over proceedings etc
69. No contracting out of Act
70. Notice of accidents
71. Change of ownership of motor vehicle
72. Change of ownership of trader's business
73. Information to be supplied by insurers
74. Emergency treatment
75. Hospital treatment
76. Surgical and medical treatment
77. Apportionment of cost of medical and surgical treatment
78. Reduction of liability
79. Nominal defendant standing for authorised insurer
80. Payment by authorised insurer
81. Actions for damage to be tried without a jury
82. Disqualification of person holding driving licence
83. Insurance of public motor vehicles etc
84. Nominal defendant
85. Claims in respect of uninsured and unidentified motor vehicles
86. Payment by nominal defendant
87. Recovery from owner or driver
88. Maximum rates of premiums may be prescribed
89. Use of motor vehicle where appropriate insurance premium not paid
90. Production of evidence of insurance policy
90A. Evidence of insurance
91. Court to apportion damages
92. Conviction not to affect civil remedy
93. Exemptions relating to insurance
PART 6--GENERAL PROVISIONS RELATING TO MOTOR VEHICLES
94. Application for registration or licence
95. Registration by joint owners and companies
97. Change of name or address
98. Lost certificate
99. Production of certificates and licences
100. Return of certificates after cancellation or suspension
102. Defaced licence etc
103. Fee paid by dishonoured cheque
104. Refusal, cancellation or suspension of licences or registration
105. Duration of registrations and licences
107. Visiting motor drivers
107A. Residents with interstate licences
107B. Vehicles registered inter-State
108. Driver of Defence Force vehicle
PART 6A--DEFECT NOTICES
108A. Interpretation
108B. Defect notices
108C. Vehicles in dangerous condition
108D. Service of notice
108E. Powers of Registrar, inspectors and authorised examiners
108F. Defect labels
108G. Offences
PART 7--TRAFFIC SIGNS AND ROAD MARKINGS
109A. Interpretation
109. Traffic signs and road markings
110. Traffic islands
111. Signs etc deemed to be lawfully erected
112. Damage, removal etc of traffic signs etc
PART 7A--TRAFFIC LIGHTS
112AA. Interpretation
112A. Driving a motor vehicle at traffic lights
112B. Meanings indicated by traffic lights
112BA. Defences
112C. Left turn at intersection controlled by traffic lights
112D. Dangerous turns at intersections
112F. Certain lines not to constitute road markings
112G. When traffic lanes deemed to be separate public streets
112H. Intersections or junctions of dual carriageway public streets
112J. Rules in this Part not to apply when directions are given by police
PART 8--RULES OF THE ROAD
112K. Interpretation
113. Vehicles to keep left etc
114. One way traffic carriageways
115. Vehicles to be driven in traffic lanes
115A. Declaration of reserved carriageways
115B. Certain vehicles not to be driven upon reserved carriageways
115C. Public transport routes
116. Unbroken lines marked on carriageway
117. Passing on-coming traffic
118. Overtaking
119. Motorists not to race, attempt speed records etc.
119AA. Burnouts of motor vehicles
119A. Motor vehicle not to be driven while part of person's body protrudes from vehicle
120. Left hand turns
121. Right hand turns
122. Give way rule at intersection
122A. Give way rule to be observed at uncontrolled junctions
123. Application of sections 121, 122 and 122A
123A. Slip lane traffic to give way
124. Give way signs
124A. Give way rule to be observed at roundabouts
124B. Motorists to give way to local services motor omnibuses
125. Motorist to make way for fire engine, ambulance or police car
126. Pedestrian crossing
127. School crossing
128. Stop signs
128A. Traffic signs—NO RIGHT TURN; NO LEFT TURN; NO TURNS
128B. Traffic sign—NO U TURN
128C. Traffic sign—NO OVERTAKING OR PASSING
128D. Traffic sign—NO OVERTAKING ON BRIDGE
128E. Traffic signs for traffic in traffic lanes
128F. Road markings on surface of traffic lanes
128G. Traffic signs—NO ENTRY; NO EXIT
129. Dangerous etc driving
130. Careless or inconsiderate driving
131. Driver to be in control of motor vehicle
132. Limitation on travelling backwards
133. Bridge load limit signs
133A. Load limits in public streets
133B. Road tunnels—vehicles carrying explosives
134. Motorist not to obstruct the free passage of any person etc
135. Precautions against driving motor vehicles without the owner's consent
136. Warnings and signals by drivers
137. Extension of offences to acts etc in relation to animals being ridden or led
139. Obedience to directions by police etc
PART 8A--ENFORCEMENT OF SECTIONS 119 AND 119AA
139I. Meaning of impounded motor vehicle in pt 8A
139J. Disqualification of licence
139K. Seizure by police
139L. Powers of Court to impound or forfeit vehicles
139M. Impounding of motor vehicles
139N. Notice of impounding or forfeiture
139P. Release of vehicles—chief police officer
139Q. Release of vehicles—Court
139R. Indemnity from personal liability for honest and good faith carrying out of duties
PART 9--SPEED LIMITS
140. Interpretation
141. Speed limits within a public place
142. Motorist not to exceed maximum speed applicable
143. Maximum speed applicable to public streets
144. Speeds regulated by signs
147. School zones
147A. Driving at dangerous speeds
147E. Testing of speedometers
PART 10--RULES RELATING TO PARKING
149. Interpretation
149A. Certified vehicles—application for certificate
149B. Certified vehicles—grant or refusal of certificate
149C. Certified vehicles—variation of certificate
149D. Certified vehicles—surrender of certificate
149E. Certified vehicles—cancellation of certificate
149F. Certified vehicles—period of certificate
150. Certified vehicles—labels
150A. Labels for Class B classes of motor vehicles
150B. Application for approved label
150C. Cancellation etc of approved label
150D. Replacement of approved label
150E. General offences relating to approved labels
150F. Interpretation
150G. Parking of specific vehicles and trailers on residential land
150H. Parking of heavy vehicles on land adjoining residential land
150J. Parking of commercial vehicles on leases comprising multi-unit developments
150K. Daily infringement
150L. Controlled activity
150M. Codes of practice
150N. Disallowance
150P. Publication
150Q. Application for existing operator's certificate
150R. Issue of existing operator's certificate
150S. Application for exemption
150T. Grant of exemption
150U. Term of exemption
150V. Endorsement of certificates
150W. Form of existing operator's certificate
150X. Variation of conditions of exemptions
150Y. Further information
150Z. Issue of copy of existing operator's certificate
150ZA. Cancellation of existing operator's certificate or revocation of exemptions
150ZB. Notice to show cause before cancellation of existing operator's certificate
150ZC. Inspections etc
150ZD. Consent to entry
150ZE. Display of identity cards
150ZF. Powers of inspection
150ZG. Search warrants
150ZH. Warrants by telephone or other electronic means
151. Stopping etc adjacent to boundary
152. Parking etc in public streets regulated by traffic signs
153. Bus stops
154. Taxis, restricted taxis, private hire cars and restricted hire vehicles
155. Parking in public places
156. Off-street parking and loading zones—further regulation
157. Parking in loading zones
158. Other parking offences
159. Parking infringements—liability
160. Liability
161. Evidence of registration of motor vehicle
162. Parking infringement notices
162A. Final notice—non-payment of penalty
162B. Discharge of liability
162C. Disputing liability under parking infringement notice or final notice
162D. Disputed notices—application to Court for declaration
162E. Suspension of licences, registration etc
162EA. Effect of suspension
162EB. Transfer of registration while suspended
162F. Revocation of suspension
162G. Statutory declarations—general
162H. Reinstatement of licences, registration etc
162J. Bodies corporate—recovery of penalties etc
162K. Costs of applications to Court
162L. Evidentiary provision—general
162M. Applications—how made
163. Bar to criminal proceedings
163A. Multi-bay parking meter—display of word “expired”
163B. Authorisation of voucher machines and parking meters
163BA. Multi-bay parking meters
163C. Parking fees
163D. Only 1 vehicle to be parked on designated parking place
163E. Purchase and display of vouchers
163F. Expired parking meter
163G. Interference with displayed parking vouchers
163H. Abuse of parking meters and voucher machines
163J. Unauthorised installation of or interference with parking meters and voucher machines etc
163K. Unauthorised removal of parking meters etc
163L. Evidence of authorised installation of parking meters and voucher machines
163LA. Presumption regarding parking meter hoods
163M. Covering of parking meters
163MA. Unauthorised removal of parking meter covers
163MB. Authorised removal of parking meter hoods
163N. Suspension of operation of certain sections
164. Circumstances in which certain provisions not contravened
PART 10A--SEAT BELTS AND CHILD RESTRAINTS
164A. Interpretation
164B. Wearing of seat belt by driver of prescribed vehicle
164C. Wearing of seat belts by passengers in prescribed vehicles
164D. Children and young persons
164DA. Suitability of child restraints and seat belts
164DB. Exceptions for the purposes of section 164D
164E. Defences
164F. Offence against this Part not to affect damages in respect of death of, or injury to, child
PART 11--OFFENCES
164FA. Definitions for Pt XI
164G. Sale, purchase or use of radar detectors and jammers
164H. Defences to prosecution
164I. Surrender of device
164J. Forfeiture of device
165. Vehicles to be registered
166. Driving motor vehicle differing from description in certificate
167. Owner to require driver to produce licence
168. Unauthorised use of motor vehicles as taxis etc
169. Unauthorised use of farm vehicles
170. Motor vehicles and trailers to bear number-plates
171. Number-plates not to be covered
171A. Unauthorised use of “L” and “P” plates
172. Licence and learner licence receipt to be produced on demand
173. Driver to stop vehicle when required by an inspector or a member of Police Force
174. Driver or owner of vehicle to furnish information when required
176. Driver to be licensed etc
177. Obtaining licence or certificate etc by misrepresentation
178. Driver to stop in case of accident
179. Hiring car by fraud
180. Production of licence in court
PART 11A--INFRINGEMENT NOTICES FOR CERTAIN OFFENCES
180A. Definitions for Pt 11A
180B. Service of documents
180C. Purpose and effect of Division
180D. Service of infringement notices generally
180E. Service of infringement notices on vehicle owners
180F. Contents of infringement notices
180G. Additional information in infringement notices
180H. Time for payment of infringement notice penalty
180I. Extension of time to pay penalty
180J. Liability for infringement notice offences involving vehicles
180K. Illegal user declarations
180L. Known user declarations
180M. Sold vehicle declarations
180MA. Unknown user declarations
180MB. Obligation to provide declarations for camera-detected offences
180MC. Offence for falsely naming a person as the driver
180MD. Effect of payment of infringement notice penalty
180ME. Application for withdrawal of infringement notice
180MF. Withdrawal of infringement notice
180MG. Reminder notices
180MH. Contents of reminder notices
180MI. Additional information in reminder notices
180MJ. Suspension for nonpayment of infringement notice penalties
180MK. Effect of suspension
180ML. Transfer of registration while suspended
180MM. Revocation of suspension
180MN. Revocation of suspension on court order
180MO. Effect of revocation of suspension on court order
180MP. Failure to revoke suspension on court order
180MQ. Disputing liability for an infringement notice offence
180MR. Extension of time to dispute liability
180MS. Procedure if liability disputed
180MT. Power of delegation
180MU. Declarations by corporations
180MV. Evidentiary certificates
180MW. Costs of application for declaration
PART 11B--DEMERIT POINTS AND PROBATIONARY LICENCES
180NA. Interpretation
180NB. Demerit points
180P. Recording of demerit points
180Q. Interstate licensees who obtain licences
180R. Transfer of recordings on grant of new licence
180S. Provision of information to interstate Registrars
180T. Warning notice
180U. Suspension or cancellation of full licence
180V. Probationary licences
180W. Cancellation of probationary licences
180WA. Effect of cancellation of probationary licence
180X. Suspension of provisional licences
180Y. Suspension of learner licences
180Z. Cancellation of special licences
180ZA. Suspension of provisional endorsements
180ZB. Demerit suspension of licence already suspended
PART 11C--TRAFFIC OFFENCE DETECTION DEVICES
180ZD. Definitions for Pt 11C
180ZE. What is a camera detection device?
180ZF. Regulations about traffic offence detection devices
180ZG. Evidentiary certificates etc
180ZH. Interfering with traffic offence detection devices
180ZI. Inspection and copies of images produced by traffic offence detection devices
180ZJ. Notice of intention to challenge certain issues
180ZK. Expiry of Pt 11C
PART 12--EQUIPMENT AND LOADS
181. Vehicles to comply with Part 1 of Schedule 2
182. Carriage of lamps and lights
183. Positioning of reflectors
184. Position of light
185. Parking lights
186. Towing of vehicles
186A. Riding in trailers prohibited
187. Noise and smoke
188. Discharge of sparks, live coals etc from vehicle fitted with gas producer
189. Offences relating to equipment etc of motor vehicles
190. Width of motor vehicles
190A. Motorcyclists to wear safety helmets
191. Pillion riding
PART 13--PENALTIES
191A. Interpretation
191B. Culpable driving
191C. Dangerous driving etc
191D. Negligent driving and other offences
191E. Timing of licence cancellation and disqualification
191F. Disqualification subject to grant of special licence
191G. Multiple disqualifications—cumulative or concurrent
191H. Contravening special licence conditions
191J. Disqualification etc—further special licence
191K. Extraordinary disqualification by court
191L. Additional powers of court
191M. Notice to Registrar
191N. Quashing of conviction
191NA. Suspension of driving licence, registration etc.
191NB. Duration of suspension of driving licence, registration etc
191NC. Revocation of suspension of driving licence, registration etc.
191ND. Revocation of suspension on transfer of registration
191NE. Renewal etc of driving licence or registration—prohibited
191NF. Suspension to be concurrent
191P. Driving etc while suspended or disqualified
191Q. Return of suspended or cancelled driving licence
191R. No refund of driving licence fee
192. General offences
PART 14--MISCELLANEOUS
194. Record of registration and licences to be kept
195. Judicial notice of Registrar's and Deputy Registrar's signature
196. Laying of information
197. Liability at common law and by statute
198. Evidence of registration
199. Evidence of ownership of vehicles
200. Weight of vehicles
201. Recovery of fees unpaid
202. Powers and duties of police, inspectors and officers
203. Name and address to be given
204. Production of motor vehicles and trailers
205. Inspection of motor vehicles and trailers
206. Service of notices
207. Offence due to accident
208. Names on trucks and omnibuses
209. Remission or refund of fees
210. Motor tractor
211. Exemption of special vehicles
212. Exemption of certain vehicles and drivers
212A. Exemption for postal vehicles
213. Licences for the carriage of workers
214. Carriage of passengers on licenced goods vehicles
215. Licence to ply for hire for the carriage of goods
216. Temporary licences
216A. Surrender of licence or other thing
217. Permits—sections 119 and 119AA
217A. Power of Minister to determine fees and amounts
217B. Fees payable
217C. Notice of decision
217D. Review by Administrative Appeals Tribunal
218. Regulations
PART 15--TRANSITIONAL PROVISIONS ABOUT TRAFFIC INFRINGEMENT NOTICES
219. Definitions for Pt 15
220. Existing traffic infringement notices
221. Effect of existing traffic infringement notices
222. Existing final notices
223. Existing notices disputing liability under traffic infringement notices
224. Suspension in force under Part XIA of the unamended Act
225. Revocation of suspension on court order etc
226. Application to court for failure to revoke suspension on court order
227. Evidence
228. Modification of Part's operation
229. Expiry of Part
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 7
ENDNOTES