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TASMANIA
__________
TRAFFIC AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 31A amended (Nationally uniform road traffic laws)
6. Section 41B amended (Power of police officer to temporarily
confiscate wheeled recreational devices and toys)
7. Section 41C amended (Road authorities not liable if roads, &c.,
unsuitable for wheeled recreational devices and toys)
8. Sections 41D, 41E, 41F, 41G, 41H, 41I, 41J and 42 inserted
41D. Seizure of detection devices
41E. Seizure of vehicles
41F. Disposal of seized vehicles
41G. Hazardous lights and reflectors
41H. Obscuring traffic control devices
41I. Tampering with traffic control devices
41J. Unlawful road markings
42. Use of loudspeakers on or from vehicles
[Bill 44]-VII
2
TRAFFIC AMENDMENT BILL 2009
(Brought in by the Minister for Infrastructure, the Honourable
Graeme Lindsay Sturges)
A BILL FOR
An Act to amend the Traffic Act 1925
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Traffic Amendment
Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Traffic Act 1925* is referred to as
the Principal Act.
*No. 38 of 1925
[Bill 44] 3
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Act No. of
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4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of "reliability trial"
the following definition:
"Road Rules" means the rules made under
section 31A;
5. Section 31A amended (Nationally uniform road
traffic laws)
Section 31A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"regulations" and substituting "rules";
(b) by omitting from subsection (1)(a) "rules
on road traffic matters" and substituting
"road traffic laws";
(c) by omitting from subsection (1)(b)
"rules" and substituting "road traffic
laws";
(d) by omitting from subsection (2)
"regulations" first occurring and
substituting "rules";
(e) by omitting from subsection (3)
"regulations" twice occurring and
substituting "rules";
(f) by omitting subsection (4) and
substituting the following subsection:
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Traffic Amendment Act 2009
Act No. of
s. 5
(4) The rules may provide that any
guide, diagram, example, note or
other explanatory or illustrative
item set out in those rules is, or is
not, a part of the rules.
(g) by omitting from subsection (5)
"regulations" first occurring and
substituting "rules";
(h) by omitting from subsection (5)(b)
"regulations" and substituting "rules";
(i) by omitting from subsection (5)(e)
"regulations" and substituting "rules";
(j) by omitting from subsection (5)(f)
"matters; and" and substituting
"matters.";
(k) by omitting paragraph (g) from
subsection (5);
(l) by omitting from subsection (6)
"regulations" first occurring and
substituting "rules";
(m) by omitting from subsection (6)(a) ", or a
failure to comply with,";
(n) by omitting from subsection (6)(a)
"regulations" and substituting "rules".
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Act No. of
s. 6
6. Section 41B amended (Power of police officer to
temporarily confiscate wheeled recreational devices
and toys)
Section 41B(1) of the Principal Act is amended
by omitting the definition of "Road Rules".
7. Section 41C amended (Road authorities not liable if
roads, &c., unsuitable for wheeled recreational
devices and toys)
Section 41C(1) of the Principal Act is amended
by omitting the definition of "Road Rules".
8. Sections 41D, 41E, 41F, 41G, 41H, 41I, 41J and 42
inserted
After section 41C of the Principal Act, the
following sections are inserted in Part IV:
41D. Seizure of detection devices
(1) A police officer or authorised officer
who has reasonable grounds for believing
that a motor vehicle is equipped with a
detection device may
(a) enter and search the motor
vehicle; and
(b) doing as little damage as possible
in the circumstances, seize any
device that appears to the police
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Act No. of
s. 8
officer or authorised officer to be
a detection device; and
(c) cause any device so seized to be
tested; and
(d) cause any device so seized to be
produced in court as evidence in
any proceedings under the Road
Rules.
(2) If a person is convicted of an offence
under the Road Rules relating to the
possession or use of a detection device,
the detection device to which the offence
relates is forfeited to the Crown.
(3) In this section
"detection device" means
(a) a device for preventing
the effective use of a
speed-measuring device;
or
(b) a device for detecting the
use of a speed-measuring
device.
41E. Seizure of vehicles
(1) A police officer may seize a vehicle and
remove it to a place of safe storage if
(a) it is obstructing access to or from
adjacent land; or
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Act No. of
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(b) the officer reasonably believes
that it has been abandoned; or
(c) the officer reasonably believes
that it has been left in a
dangerous position; or
(d) it has been involved in an
accident and the officer
reasonably considers that it may
need to be examined, or used as
evidence, in any proceedings
under this Act.
(2) In this section
"adjacent land" means adjacent land
within the meaning of the Road
Rules.
41F. Disposal of seized vehicles
(1) This section applies to a vehicle that has
been seized under section 41E.
(2) The registered operator of the vehicle is
liable to pay the reasonable expenses of
removing and storing the vehicle.
(3) The Commissioner of Police must, as
soon as practicable after the seizure,
cause reasonable steps to be taken to
inform the registered operator of the
seizure, and the provisions of this
section.
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Act No. of
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(4) If the registered operator is informed of
the seizure and does not claim the vehicle
and pay the expenses within one month
after the date of being so informed, the
Commissioner of Police may cause the
vehicle to be
(a) sold privately or by auction or
public tender and use any money
received from the sale to defray
the expenses; or
(b) disposed of in such manner as the
Commissioner of Police thinks fit
if he or she reasonably considers
that the vehicle could not be sold
for an amount greater than the
amount of the expenses.
(5) If reasonable steps to locate the
registered operator have been
unsuccessful, the Commissioner of
Police may act under subsection (4)(a) or
(b) after the expiration of the period of
one month from the date of seizure.
(6) If the proceeds of a sale under this
section exceed the amount of the
expenses, the Commissioner of Police is
to hold the balance for a period of 3
months from the date of sale and, if the
balance is not claimed by the registered
operator during that period, pay the
balance into the Consolidated Fund.
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Act No. of
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41G. Hazardous lights and reflectors
(1) A person must not, without lawful
excuse, display on or near a road a light
or reflector that does, or is likely to do,
any of the following:
(a) be reasonably mistaken by a
driver for the flashing light of an
emergency vehicle;
(b) dazzle or distract a driver;
(c) mislead or confuse a driver;
(d) interfere with the operation or
effectiveness of any traffic lights,
traffic arrows or overhead lane
control signals.
Penalty: Fine not exceeding 10 penalty
units.
(2) A person must not display a light or
reflector on or near a road if the person
has been given written notice by the
Commission that the light or reflector
constitutes a traffic hazard.
Penalty: Fine not exceeding 20 penalty
units.
(3) A police officer or authorised officer
who reasonably considers that a person is
committing an offence under
subsection (1) or (2) may direct that
person or any employee or agent of that
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Act No. of
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person to adjust, disconnect, move or
cover the light or reflector so that it no
longer constitutes a traffic hazard.
(4) A person must obey a direction given to
the person under subsection (3).
Penalty: Fine not exceeding 20 penalty
units.
(5) If a person disobeys a direction given to
the person under subsection (3), the
police officer or authorised officer who
gave the direction may, doing as little
damage as possible in the circumstances,
take such action as the police officer or
authorised officer reasonably considers
necessary in the circumstances to
eliminate the traffic hazard posed by the
light or reflector and may, for that
purpose, enter the premises.
(6) In this section
"emergency vehicle" means an
emergency vehicle within the
meaning of the Road Rules;
"overhead lane control signals"
means overhead lane control
signals within the meaning of the
Road Rules;
"traffic arrows" means traffic arrows
within the meaning of the Road
Rules;
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Act No. of
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"traffic lights" means traffic lights
within the meaning of the Road
Rules.
41H. Obscuring traffic control devices
(1) A person must not, without lawful
excuse, place or display anything on or
near a road that
(a) obscures a traffic control device;
or
(b) interferes with the operation or
effectiveness of a traffic control
device; or
(c) prevents, or is likely to prevent, a
driver approaching or at a traffic
control device from clearly seeing
that traffic control device.
Penalty: Fine not exceeding 20 penalty
units.
(2) In this section
"traffic control device" means a
traffic control device within the
meaning of the Road Rules.
41I. Tampering with traffic control devices
(1) A person must not, without lawful
excuse
(a) alter, deface or obscure a traffic
control device; or
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Act No. of
s. 8
(b) damage, dismantle or destroy a
traffic control device; or
(c) remove a traffic control device
from the place where it has been
lawfully placed or erected.
Penalty: Fine not exceeding 40 penalty
units.
(2) In this section
"traffic control device" has the same
meaning as in section 41H.
41J. Unlawful road markings
(1) A person must not, without lawful
excuse, mark or otherwise place on a
road anything that purports to be a road
marking.
Penalty: Fine not exceeding 20 penalty
units.
(2) In this section
"mark" means mark by the use of
paint, tape or other means;
"paint" includes wash and chalk;
"road marking" means a road
marking within the meaning of
the Road Rules.
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42. Use of loudspeakers on or from vehicles
(1) A person must not use a loudspeaker on
or from a vehicle unless
(a) the person has a permit to do so;
or
(b) the person is a police officer,
emergency worker or transport
inspector acting in the course of
his or her duty as a police officer,
emergency worker or transport
inspector.
Penalty: Fine not exceeding 10 penalty
units.
(2) Permits for this section are issued by
senior police officers and any person
may apply in writing for such a permit.
(3) In determining whether or not to grant an
application for a permit, a senior police
officer
(a) must consider the safety and
convenience of the public and, if
applicable, the arrangements
made for the safety and
convenience of participants in the
relevant activity; and
(b) must, if the relevant activity is of
a political character, have regard
to the principle that people should
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Act No. of
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be free to engage in lawful
political activities; and
(c) may have regard to such other
considerations as appear relevant
in the circumstances.
(4) A permit
(a) is to be in such form as the senior
police officer issuing it considers
appropriate in the circumstances;
and
(b) may be issued only for a specific
date or dates, or for a specific
period not exceeding 10 days;
and
(c) may be made subject to such
reasonable conditions as the
issuing officer considers
necessary or expedient in the
interests of public safety; and
(d) must specify the name of the
permit holder and the name, or a
description, of the relevant
activity; and
(e) must also specify the location or,
if applicable, route of the relevant
activity and the date, dates or
period when it will be held.
(5) A permit
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Act No. of
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(a) may be surrendered but is not
capable of being amended,
renewed or transferred; and
(b) is not a defence to an action or
indictment for nuisance.
(6) The holder of a permit must not
contravene a condition of the permit.
Penalty: Fine not exceeding 10 penalty
units.
(7) The holder of a permit must immediately
produce it to a police officer on demand.
Penalty: Fine not exceeding 10 penalty
units.
(8) In this section
"emergency worker" means an
emergency worker within the
meaning of the Road Rules;
"relevant activity" means the
fundraising, political or other
activity for which a person
proposes to use a loudspeaker on
or from a vehicle;
"transport inspector" means an
authorised officer who has been
identified as a transport inspector
by the Commission.
16 Government Printer, Tasmania