Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this Act, unless the contrary intention appears—
"approved" means approved by the Registrar.
"articulated motor omnibus" means a motor omnibus that consists of 2 or more rigid sections coupled together so that—
(a) there is rotary movement between them; and
(b) passengers may move freely from one to another.
"articulated vehicle" means a vehicle that consists of a motor vehicle and a semi-trailer that has been coupled to it.
Australian Standard 2898.1-2 means Australian Standard “2898.1-2—1986”, as in existence from time to time.
Australian Standard E35, Part 1—1970 means the standard published by the Standards Association of Australia under the number “E35, Part 1—1970”, being that standard as amended before 1 January 1978.
Australian Standard E35, Part 2—1970 means the standard published by the Standards Association of Australia under the number “E35, Part 2—1970”, being that standard as amended before 1 January 1978.
"axle" means a part of a vehicle consisting of 1 or more shafts, spindles or bearings in the same transverse vertical plane by means of which, in conjunction with the wheels mounted on the shafts, spindles or bearings, the whole or part of the mass of the vehicle and its load may be carried.
"axle group" means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad axle group.
"B-double" means a combination consisting of prime mover towing 2 semi-trailers.
"burnout" means—
(a) in relation to a motor vehicle other than a motor cycle—operate the vehicle in a way that causes the vehicle to undergo sustained loss of traction by 1 or more of the driving wheels; or
(b) in relation to a motor cycle—operate the motor cycle in a way that causes the motor cycle to undergo sustained loss of traction by the driving wheel.
"camper unit" means a unit that—
(a) is designed—
(i) to be used as a means of temporary accommodation; and
(ii) to be attached to a motor vehicle; and
(b) is not equipped with wheels.
"carriageway", in relation to a public street, includes the gutter, if any, of the public street.
"certificate of competenc"y means a certificate referred to in paragraph 13R (b).
"certificate of registration" means a certificate of registration granted under this Act in respect of a motor vehicle or trailer.
"chief police office" means the police officer who is responsible to the Commissioner of Police for the day-to-day administration and control of police services in the Territory.
"combination" means a combination consisting of a motor vehicle connected to 1 or more trailers.
"Commonwealth authority" means a body, whether incorporated or not, established by or under a Commonwealth Act.
"corresponding licence" means a licence or an authorisation to drive a motor vehicle issued by a State or another Territory or in another country.
"Court" means the Magistrates Court.
"Deputy Registrar" means a Deputy Registrar of Motor Vehicles under section 6A.
"determined fee" means the fee determined by the Minister under section 217A for the purposes of the provision in which the expression occurs.
"dipped", in relation to the light from the headlamps of a motor vehicle, or the headlamp of a motor vehicle that has 1 headlamp, means projected downwards to such an extent that the centre of the main beam of the light, at a distance of 7.50 metres directly in front of the motor vehicle, is—
(a) directly ahead or to the left of the motor vehicle; and
(b) lower than the level of the centre of the headlamps or headlamp in a plane that is parallel to the plane of the surface on which the motor vehicle is standing.
"dipping device" means a device by means of which the light from the headlamps of a motor vehicle, or the headlamp of a motor vehicle that has 1 headlamp, can be dipped by the driver of the motor vehicle whilst retaining his or her normal driving position.
"dolly" means a trailer with 1 axle group, or 1 axle not being part of an axle group, designed to convert a semi-trailer into a dog trailer.
"driver" means any person driving a motor vehicle and includes any person riding a motor cycle, and "drive" includes "ride".
"driving licence" means a licence to drive a motor vehicle under this Act.
"equipment truck" means a motor vehicle constructed to be used principally for the purpose of conveying machinery that is permanently affixed to the motor vehicle to a working site and, while at the working site, of providing a platform and power supply for the operation of the machinery.
"farmer" means a person who, whether as owner, purchaser under agreement for sale or purchase, lessee or sharefarmer, is engaged for profit in farming, agricultural, horticultural or grazing operations in the Territory.
"former owner", in relation to a motor vehicle which is sold or disposed of, means the owner who sold or disposed of the vehicle.
"full licence" means a full licence granted under section 8 or paragraph 8A (1) (b).
"GCM", in relation to a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may be towed by it at 1 time—
(a) that, subject to subsection 15A (1) of the Motor Traffic Act, is specified by the manufacturer of the motor vehicle or the Registrar, as the case may be; or
(b) if the vehicle is registered in a State or another Territory and the registration authority of that State or other Territory has specified the sum—that is specified by that authority.
"gross combination mass", in relation to a vehicle comprising a motor vehicle and a trailer or semi-trailer that is coupled to the motor vehicle, means the aggregate of—
(a) the gross mass of the motor vehicle; and
(b) the gross mass of the trailer or semi-trailer.
"gross mass", in relation to a vehicle, means the aggregate of—
(a) the mass of the vehicle;
(b) the mass of any equipment being carried by the vehicle; and
(c) the mass of any load being carried by the vehicle.
"GVM", in relation to a vehicle, means the maximum loaded mass of the vehicle—
(a) that, subject to subsection 15A (2) of the Motor Traffic Act, is specified by the manufacturer of the vehicle or the Registrar, as the case may be; or
(b) if the vehicle is registered in a State or another Territory and the registration authority of that State or other Territory has specified the mass—that is specified by that authority.
"headlamp" means a lamp on the front of a motor vehicle that, when lighted, shows a bright white light of sufficient power to illuminate clearly on a dark night with a clear atmosphere a person in dark clothing at a distance of not less than 25 metres directly in front of the motor vehicle.
"heavy articulated vehicle" means an articulated vehicle that has—
(a) a GCM that exceeds 24 tonnes; or
(b) more than 3 axles.
"heavy trailer combination" means a motor vehicle the GVM of which exceeds 4.5 tonnes to which there is attached 1 trailer—
(a) the GVM of which exceeds 5 tonnes; or
(b) if the trailer is exempt from the requirement that its GVM be stated—the tare of which exceeds 2 tonnes.
"historic vehicle" means a motor vehicle, other than a veteran vehicle or a vintage vehicle, manufactured not less than 30 years before—
(a) the day on which it was last registered; or
(b) if it is unregistered and is to be registered—the date of registration.
"identity card" means an identity card issued by the Registrar.
"inspector" means an inspector under section 6B.
"inter-state Registrar" means a person who, under the law of a State or another Territory, has functions that correspond to the functions of the Registrar.
"laden weight", in relation to a motor vehicle, means the sum of the weight of the motor vehicle and the weight of the load, if any, on the motor vehicle.
"learner" means the holder of a learner licence or learner licence receipt when driving a vehicle of a class to which the licence or receipt relates.
"learner driver log book" means a learner driver log book referred to in section 13R.
"learner licence" means a learner licence granted under section 7A.
"learner licence receipt" means a learner licence receipt granted under section 7A.
"licence" means a licence under this Act.
"licensed" means licensed under this Act.
"licensee" means the holder of a licence.
"light motor omnibus" means a motor omnibus that—
(a) has a GVM that does not exceed 15 tonnes; and
(b) is capable of seating more than 30 adults.
"light truck" means a rigid truck that has—
(a) a GVM that does not exceed 15 tonnes; or
(b) not more than 2 axles.
"light vehicle" means a motor vehicle, other than a motor cycle, that—
(a) has a GVM that does not exceed 4.5 tonnes; and
(b) is capable of seating not more than 12 adults;
and includes a motor tractor and a motor implement.
"loading area" means—
(a) any part of the area of land bounded by the public streets known as Petrie Street, Alinga Street, East Row and London Circuit;
(b) any part of the area of land bounded by the public streets known as Petrie Street, Bunda Street, Garema Place and Alinga Street;
(c) any part of the area of land bounded by the public streets known as East Row, Alinga Street, Northbourne Avenue and London Circuit; or
(d) any part of the area of land bounded by the public streets known as Northbourne Avenue, Alinga Street, West Row and London Circuit;
not being the entrances or exits to such an area, an area forming part of those public streets or an area on which a building is erected.
"local services motor omnibus" means a motor omnibus that is engaged in the provision of a motor omnibus service—
(a) under the Motor Omnibus Services Act 1955 ; or
(b) in accordance with a motor omnibus service licence that is expressed to be in respect of a local omnibus service.
"Manual" means the Vehicle Inspection Manual prepared and published under section 6E, as in force from time to time.
"medical testing officer" means a medical testing officer under section 6C.
"motor ca"r means any motor vehicle constructed to be used principally for the carriage of persons, but does not include a motor cycle.
"motor cycle" means a motor vehicle which has less than 4 wheels and is steered by means of handle bars.
"motor implement" means a motor vehicle constructed to be used principally to execute agricultural, road construction, grass cutting or other work by means of machinery or fittings that form an integral part of the vehicle, but does not include a motor tractor or an equipment truck.
"motor omnibus" means any motor vehicle fitted, or equipped, or constructed, so as to seat more than 6 adult persons, and in respect of which payment is received for the conveyance of any passengers along a public street and includes any vehicle declared by the Minister, by notice in the Gazette , to be a motor omnibus.
"motor omnibus licence" means a licence granted by the Registrar to use a motor vehicle as a motor omnibus.
"motor tractor" means any motor vehicle constructed principally for the purpose of supplying motive power for machinery, or of hauling any vehicle.
"motor traffic officer" means a motor traffic officer under section 6D.
"motor vehicl"e means a vehicle that uses or is designed to use volatile spirit, steam, gas, oil, electricity or any other power (not being human or animal power) as the principal means of propulsion.
"new owner", in relation to a motor vehicle which is sold or disposed of, means the person to whom the vehicle is sold or disposed of.
"offence of culpable driving", in relation to a person, means an offence against section 29 of the Crimes Act 1900 or any other offence against that Act where the death of or bodily harm to another person being caused by or arising from the driving of a motor vehicle by that first-mentioned person was a fact necessary to constitute that offence.
"off-street parking area" means an area of land available for use by the public, whether with or without the payment of money, for the parking of motor vehicles, and includes—
(a) the entrances to, the exits from and the passageways in such an area; and
(b) the area of land that is situated between the entrances to and the exits from such an area and a public street and that is used for access to the area.
"one way traffic carriageway" means a carriageway or separate portion of a carriageway in respect of which traffic signs bearing an arrow and the words “ONE WAY” area erected or displayed.
"overtake", in relation to a motor vehicle, means overtake another vehicle that is travelling in the same direction as the motor vehicle in a public street, and includes the action of passing such an overtaken vehicle, and "overtaking" has a corresponding meaning.
"owner", in relation to a motor vehicle means—
(a) in the case of a motor vehicle that is registered under this Act— each person whose name is specified in the certificate of registration as an owner of the motor vehicle;
(b) in the case of a visiting motor vehicle—each person whose name is specified as an owner of the vehicle in the registration records kept under the law of the Commonwealth, State or another Territory under which the vehicle is registered;
(c) in the case of a motor vehicle to which trader's plates are affixed—the trader to whom the trader's licence in relation to those plates has been granted under this Act;
(d) in the case of a motor vehicle or visiting motor vehicle an owner of which has died—the legal personal representative of the deceased owner whilst he or she is acting as the legal personal representative;
(e) in the case of a visiting motor omnibus—the person to whom a licence to use the visiting motor omnibus as a motor omnibus in the Territory has been granted; and
(f) in the case of an unregistered motor vehicle—a person who, solely or jointly with any other person, is entitled to immediate possession of it.
"park", in relation to a motor vehicle or trailer, means cause or permit the motor vehicle or trailer to remain standing, and “parked” and “parking” have corresponding meanings.
"passenger car derivative" means a motor vehicle, other than a motor car, of which the front part of the body and the greater part of the mechanical equipment are the same as those of a factory produced motor car of the same make as the motor vehicle, and includes motor vehicles of a kind known as a panel van or coupé utility.
"pedestrian" includes a person—
(a) in a perambulator or similar carriage;
(b) in a device designed for use as a toy; or
(c) in a wheelchair.
"pedestrian crossing" means a portion of a public street—
(a) defined by road markings marked laterally across or partly across the carriageway comprising a series of white stripes alternating with areas of the surface of the carriageway with each stripe lying longitudinally to the public street; and
(b) indicated by a traffic sign in accordance with sign No. R3-1A, R3-1B or R3-1C in Australian Standard 1742.10 as amended from time to time;
and includes the areas of the surface of the carriageway lying between those white stripes.
"prime mover" means a motor vehicle built to tow a semi-trailer.
"private hire car" means a motor vehicle (other than a taxi, motor omnibus or restricted hire vehicle) which—
(a) does not ply for hire in a public street for the conveyance of passengers; and
(b) is used, or is intended to be used, for the conveyance of passengers under a contract which gives the hirer the exclusive use of the vehicle.
"private hire car licenc"e means a licence granted by the Registrar to use a motor car as a private hire car.
"probationary licence" means a probationary licence granted under section 180V and does not include a special probationary licence granted under section 11C.
"producer gas" means gas which is produced by the incomplete combustion of solid fuel and whose active constituent is chiefly carbon monoxide, but does not include gas produced at a fixed station and distributed through mains for consumption at a distance from the place of production.
"prohibited substance", in relation to the burnout of a motor vehicle, means—
(a) petrol, oil, diesel fuel or any other flammable liquid; or
(b) any other substance that increases the risk of death, injury or damage to property (including damage to the surface of any road or to any prescribed traffic control device) from the burnout.
"provisional endorsement" means an endorsement on a licence made under section 7B.
"provisional licence" means a provisional licence granted under section 7B or paragraph 8A (1) (a).
"public motor vehicle" means a motor vehicle plying or standing in a public street for hire, and includes a motor omnibus and a taxi.
"public place" means—
(a) an off-street parking area;
(b) a loading area;
(c) a wharf, pier or jetty;
(d) the Lake Burley Griffin foreshores; or
(e) any part of a park, reserve, recreational or sporting ground, racecourse, or any other open place, to which the public has access whether with or without payment for admission, other than a street, road or lane that is prepared with cement or concrete or is sealed with bitumen or other sealing substance.
"public street" means a street, road, lane or footpath (including a street, road, lane or footpath on or forming part of a bridge) that is open to or used by the public, but does not include—
(a) an entrance-driveway leading to a parcel of land; or
(b) any part of a public place.
"quad axle group" means a group of 4 axles in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.
"reflector" means a reflector, reflecting lens, or reflective material, capable of throwing back a red reflection of light from the headlamps of a vehicle approaching from the rear so that when the headlamps of the approaching vehicle are dipped the reflection can be seen by the driver of the approaching vehicle when the approaching vehicle is not less than 50 metres from the reflector.
"registered" means registered under this Act.
"Registrar" means the Registrar of Motor Vehicles under section 6.
"registration authority", in relation to a vehicle registered in a State or another Territory, means a person or body empowered by or under a corresponding law of the Commonwealth, a State or another Territory to regulate the dimensions and mass of vehicles.
"registration number", in relation to a vehicle, means the number displayed in accordance with section 17A on a number-plate issued by the Registrar in respect of the vehicle.
"Regulations" means regulations made under this Act.
"repealed Ordinance" means any Ordinance repealed by section 2 and includes any such Ordinance as subsequently amended.
"restricted hire vehicle" means a motor vehicle (other than a taxi or motor omnibus)—
(a) that does not ply for hire in a public street for the conveyance of passengers;
(b) that is used, or is intended to be used, for the conveyance of passengers under a contract which gives the hirer the exclusive use of the vehicle; and
(c) in relation to which a person is licensed under subsection 28A (1).
"restricted hire vehicle licence" means a licence granted under subsection 28A (1).
"restricted taxi" means a taxi in relation to which a person is licensed under subsection 27D (1).
"restricted taxi licence" means a licence granted under subsection 27D (1).
"rigid motor omnibus" means a small motor omnibus, a light motor omnibus or a heavy motor omnibus.
"rigid truck" means a motor vehicle constructed to be used principally for the carriage on public streets of goods, merchandise or produce or the conveyance of materials or equipment, but does not include an equipment truck, a motor implement, a motor tractor or a passenger car derivative.
(a) paint;
(b) adhesive material;
(c) reflective material; or
(d) a different road surface;
on the carriageway or kerb of a public street, or on any part of an off-street parking area or loading area, in accordance with Part VII.
"road rescue fee" means a fee determined under section 217A for the purposes of section 12AA;
"road train" means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as 1 trailer a dolly supporting a semi-trailer).
"semi-trailer" means a trailer that has—
(a) 1 axle not forming part of an axle group, or 1 axle group, that is toward the rear of the trailer; and
(b) a means of attachment to a prime mover that would result in some of the mass of the trailer (whether with or without a load) being imposed on the prime mover.
"single axle group" means a group of 2 or more axles in which the horizontal distance between the centre-lines of the outermost axles is less than 1 metre.
"slip lane" means a branch of a public street provided at an intersection or junction exclusively for the use of vehicles turning left at that intersection or junction onto the intersecting or adjoining public street being a branch which is separated from those streets by a traffic island.
"small motor omnibus" means a motor omnibus that—
(a) has a GVM that does not exceed 15 tonnes; and
(b) is capable of seating not less than 13 and not more than 30 adults.
"special licence" means a special probationary licence in force under section 11C.
"special number" means a number that is, in accordance with a determination in force under section 17A, a special number that may be allocated as the registration number of a vehicle other than a taxi, motor omnibus, private hire car, motor vehicle of a member of the diplomatic corps, veteran vehicle, vintage vehicle or historic vehicle.
(a) is marked—
(i) across a carriageway of a public street; or
(ii) from 1 edge of the carriageway of a public street across the traffic lanes for the passage of vehicles travelling in 1 particular direction; and
(b) is not part of a school crossing (within the meaning of subsection 127 (1)) or a marked footcrossing.
"taxi" means a motor vehicle (other than a motor omnibus) which stands or plies in a public street for hire for the conveyance of passengers and includes a motor vehicle which is intended to so stand or ply for hire and a restricted taxi.
"taxi licence" means a licence granted by the Registrar to use a motor vehicle as a taxi other than a restricted taxi.
"the Lake Burley Griffin foreshores" means any part of the area of land bounded by the edge of Lake Burley Griffin and an imaginary line drawn at a distance of 100 metres from that edge other than a street, road or lane that is prepared with cement or concrete or is sealed with bitumen or other sealing substance.
"this Act" includes the regulations.
"trader" means a person to whom a trader's licence has been granted or transferred and, in the case of a trader being a company, firm or partnership, includes any director, manager or other officer of the company or any member of the firm or any partner of the partnership.
"trader's licence" means a licence granted under Part 4.
"trader's plate" means a number-plate issued to the holder of a trader's licence under Part 4.
"traffic island" means—
(a) an island or dome constructed, placed or erected in accordance with Part 7; or
(b) an area defined by signs in the form of chevrons placed within unbroken lines marked in accordance with Part 7.
"traffic lane" means 1 of 2 or more longitudinal portions of the carriageway of a public street defined by road markings or traffic islands for the passage of vehicles travelling in the same direction.
"traffic sign" means a sign, signal, flag, notice, beacon or other device erected, placed or displayed on, near or above the carriageway of a public street, or in a public place, in accordance with Part 7.
"trailer" means—
(a) a vehicle without motive power designed for attachment to a motor vehicle, but does not include a side-car; and
(b) a piece of machinery or equipment that is equipped with wheels and designed to be towed behind a vehicle, but is not designed as a means of conveyance and includes a caravan.
"U turn" means a movement of a vehicle whereby the vehicle turns to face the opposite, or substantially opposite, direction.
"vehicle" means any means of conveyance that runs on wheels or continuous tracks, but does not include—
(a) a vehicle that is designed to run solely on a railway or tram track; or
(b) a wheelchair.
"veteran vehicle" means a motor vehicle manufactured before 1 January 1919.
"vintage vehicle" means a motor vehicle manufactured in the period that commenced on 1 January 1919 and ended at the expiration of 31 December 1930.
"visiting motor vehicle" means a motor vehicle or trailer—
(a) that is registered under a law of the Commonwealth, a State or another Territory;
(b) that has affixed to it the numberplates that are required to be affixed to it under that law; and
(c) except for a motor vehicle or trailer that is registered under a Commonwealth law—which is brought into the Territory temporarily, and includes—
(i) a motor vehicle or trailer which has affixed thereto a trader's plate in pursuance of the law of any such State or Territory;
(ii) a motor vehicle or trailer which has attached thereto the distinguishing mark required to be carried under any convention relating to motor traffic to which the Commonwealth is a party and the owner of which is a bona fide resident of a country outside the Commonwealth; and
(iii) a motor vehicle registered for commercial purposes in any such State or Territory which complies with paragraphs (b) and (c) and is licensed under this Act as a motor omnibus or public or private hire car, or motor vehicle for the carriage of workers;
but does not include any rigid truck or articulated vehicle which is, in the opinion of the Registrar, used regularly upon the public streets or a motor vehicle in respect of which the Registrar has suspended the right to drive in the Territory under subsection 162E (1) (Suspension of licences, registration etc) or 180MJ (5) (Suspension for nonpayment of infringement notice penalties).
"weight," in relation to a motor vehicle, means the gross weight of the vehicle laden with the tools and accessories usually carried and with such fuel, water and oil as are in or upon the vehicle, but otherwise unladen.
(1A) Where, by reason of the length of the name of the owner, or the number of names of the owners, of a motor vehicle or trailer, the certificate of registration granted in respect of the vehicle or trailer does not specify the full name or names of the owner or owners of the vehicle or trailer—
(a) the name or names of the owner or owners of the motor vehicle or trailer may appear on the certificate of registration in an abbreviated form;
(b) the Registrar shall maintain a separate record showing—
(i) the full name or names of the owner or owners of the motor vehicle or trailer; and
(ii) the same details in respect of the motor vehicle or trailer as appear on the certificate of registration granted in respect of the vehicle or trailer; and
(c) the name or names appearing in that record in respect of the vehicle or trailer as the name of the owner or owners of the vehicle or trailer shall, for the purposes of the definition of owner in subsection (1), of subsection (4) and of section 199, be deemed to be the name or names specified in the certificate of registration granted in respect of the motor vehicle or trailer.
(2) In this Act a reference to a Schedule shall be read as a reference to a Schedule to this Act.
(3) Unless the contrary intention appears, a reference in Part 7A, Part 8, Part 9 or Part 10 to a motor vehicle shall be deemed to include, where a trailer is attached to the motor vehicle, a reference to the motor vehicle and trailer.
(4) Where there are 2 or more joint owners or part owners of a motor vehicle, each joint owner or part owner shall be deemed to be, for the purposes of this Act, the owner of the motor vehicle.
(5) A reference to a public street in sections 7, 51, 79, 85, 89, 119, 129, 130, 131, 132, 134, 135, 139, 147A, 165, 166, 168, 176, 180WA, 181, 182, 184, 186, 187, 189, 190A, 191, 191P and 193, and subsections (1) and (3) of section 202, shall be read as including a reference to a public place.
(6) A reference to a public street in sections 129, 130, 131, 132, 134, 135 and 139 shall be read as including a reference to an entrance-driveway leading to a parcel of land.
(7) For the purposes of this Act, a motor vehicle shall be deemed to have been manufactured on or after a particular date if any process in the manufacture of the motor vehicle is carried out on or after that date.
(8) A reference in a provision of this Act to a determined fee shall be read as a reference to the fee determined under section 217A for the purposes of that provision.
(9) A reference in this Act to the allocation of a number as the registration number of a vehicle shall be read as a reference to the allocation of a sequence of not more than 6 characters consisting of—
(a) digits;
(b) capital letters; or
(c) a combination of digits and capital letters.
(10) For the purposes of Part X (Rules relating to parking), the administrative charge is $25 or such other charge as the Minister, by instrument, determines.
(11) A determination under subsection (10) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .