motor omnibus act 1928. - austlii

MOTOR OMNIBUS. 999

MOTOR OMNIBUS ACT 1928.

An Act to consolidate the Law making further 19 GEOBGB V.

provision with respect to Motor Omnibuses and No"3742' for other purposes.

[12th February, 1929.]

BE it enacted by the King's Most Excellent Majesty by and with Motor OmnUnu

the advice and consent of the Legislative Council and the Act 1924-

Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :—

1. This Act may be cited as the Motor Omnibus Act 1928, and short title ana i n • _. , . J J . T _ . C J T _ T _.• commencement;

shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and is divided into Parts and Divisions as follows:—

PART I.—Metropolitan Motor Omnibuses ss. 3-20. PART II.—Urban and Country Motor Omnibuses ss. 21-63.

Introductory ss. 21 and 22. Division 1.—Urban Motor Omnibuses ss. 23-35. Division 2.—Country Motor Omnibuses ss. 36-55. Division 3.—General ss. 56-63.

2. The Acts mentioned in the First Schedule to this Act to the aepeat. extent thereby expressed to be repealed are hereby repealed. Such Firat Schedule-repeal shall not affect any regulation made or licence granted or issued or any registration effected or any right acquired or any liability civil or criminal incurred or any matter or thing done under the said repealed Acts or any of them.

PART I.—METROPOLITAN MOTOR OMNIBUSES.

3 . (1) In this Par t unless inconsistent with the context or interpretation, subject-matter— ">• •• %•

" Board " means the Melbourne and Metropolitan Tramways « Board." Board.

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1000 MOTOR OMNIBUS ACT 1928. [19 Oei. V.

Motor Omnibus Act 1924. " Licence."

" Licensed."

" Licensing authority."

" Metropolitan area."

" Motor omnibus." Motor Omnibus Act 1926 l. 2.

" Municipality.'

" Owner."

" Passenger."

" Pneumatic tire."

" Prescribed."

Licences for motor omnibuses. lb. a. 2.

" Licence " means a licence granted and issued in accordance with this Part for a motor omnibus as a hackney carriage and in force and includes a " regular service " licence or a " special service " licence hereinafter provided for ; and " licensed " lias a corresponding interpretation.

" Licensing authority" means the council of the city of Melbourne being the authority empowered under Part I. of the Carriages Act 1928 to license hackney carriages plying for hire within the said city and the vicinity within the distance of eight miles from the corporate limits of the said city.

" Metropolitan area " means the city of Melbourne and the vicinity within the distance of eight miles from the corporate limits of the said city.

" Motor omnibus " means any motor car within the meaning of the Motor Car Act 1928 with seating capacity for not less than eight passengers and used or (where the case so requires) intended to be used for plying for hire within the metropolitan area at separate and distinct fares for each passenger of not more than One shilling and sixpence for each single journey or Three shillings for each return journey: Provided that where the term is used with reference to the Board it shall be deemed and taken to refer only to omnibuses of the Board within the meaning of the Melbourne and Metropolitan Tramways Act 1928.

" Municipality " includes the city of Melbourne. " Owner " of a motor omnibus includes every person who is

the owner joint owner or part owner of the motor omnibus and any person who has the use of the motor omnibus under a hiring or hire-purchase agreement.

" Passenger " does not include driver or conductor. " Pneumatic tire " means a tire composed of flexible material

and when in use kept inflated at an air pressure greater than atmospheric pressure.

"Prescribed" means prescribed by or under this Part or any Order in Council or regulation under this Part.

(2) Notwithstanding anything in section three of the Carriages Act 1928 or in any other enactment it is hereby declared that subject to and for the purposes of this Part—

(a) every motor omnibus is required to be licensed in accordance with this Part as a hackney carriage under Part I. of the Carriages Act 1928, whether it is or is not also licensed as a stage carriage under Part II . of that Act or as a carriage of any class under the Local Government Act 1928 and whether such licence (if any) as a stage carriage or as a carriage of any class under the Local Government Act 1928 or any corresponding previous enactment was granted before or after the commencement of the Motor Omnibus Act 1925 ; and

No. 3742.] MOTOR OMNIBUS ACT 1928. 1001

(b) any motor omnibus plying for hire as aforesaid shall be Motor omnibus deemed to be used as a hackney carriage for the purposes of the last paragraph of section three of the Motor Car Act 1928 ;

and the provisions of Part I. of the Carriages Act 1928 and of any by-law or regulation for the time being in force thereunder so far as applicable and with such alterations modifications and substitutions as are necessary shall extend and apply and take effect accordingly.

(3) So far as regards motor omnibuses, any reference in this Hying for hire. Part or in Part I. of the Carriages Act 1928 to plying for hire within the metropolitan area or within the city of Melbourne and the vicinity within the distance of eight miles from the corporate limits of the said city (as the case may be) shall (without restricting the generality of the meaning of the expression " plying for hire " or any like expression) include a reference to carrying passengers from one place to another in the metropolitan area, or from a place in to a place outside of the metropolitan area, or from a place outside of to a place in the metropolitan area.

4. (1) The Governor in Council may by order prescribe— power of the 1 7 J J i Governor in

(a) the routes within the metropolitan area along which council to x ' , . , , T--r.il i . , , , . prescribe routes

motor omnibuses for which regular service licences timp-taMe« are granted as hereinafter provided may ply for hire ; maximum

(b) sections and terminal points of and stopping places on m<$£?r of

such routes; pSscrS0" (c) time-tables to be observed by owners of such motorroutes-

. , i • 4 i • -T_ i x Motor Omnibus

omnibuses plying for hire on prescribed routes or Act 1924«. 3. sections thereof ;

(d) the fares (including .maximum and minimum fares for prescribed routes or sections thereof) to be charged for passengers carried by such motor omnibuses ; and

(e) the maximum number of such motor omnibuses which may be licensed to ply for hire on any prescribed route.

(2) Before any route aforesaid is so prescribed the Minister— IJrec"ntonbey

(a) shall take into consideration the maximum number of ^mister! th° motor omnibuses proposed to be prescribed for the route ;

(6) shall confer with the Victorian Railways Commissioners and the Board and the council of any municipality concerned and may confer with such other persons as he thinks fit; and

(c) shall satisfy himself that the condition of the roads to be included in the route is such as to be capable of carrying motor omnibus traffic thereon without unreasonable damage to the roads, and that there are not sufficient other facilities for the conveyance of passengers to from or within the district proposed to be served.

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1002 MOTOR OMNIBUS ACT 1928. [19 GEO. V.

Motor Omnibus Act 1921. Temporary deviation" Ac.

Developmental routes. Motor OmnibUB Act 1925 ». 4.

(3) Notwithstanding anything in this Par t or in any Order in Council regulation by-law or licence under this Par t the Minister or any person authorized in tha t behalf by the Minister in writing (whether generally or in any particular case) may in cases of emergency by order in writing authorize temporary deviations from prescribed routes and temporary alterations of any sections or terminal points thereof or of stopping places thereon or authorize any motor omnibus for which a " regular service " or a " special service " licence has been granted to ply for hire temporarily on any route whether a prescribed route or not and every such Order in Council regulation by-law or licence shall take effect accordingly.

5 . (1) The Governor in Council in accordance with the last preceding section may by Order prescribe as a developmental route under and for the purposes of this Pa r t any route no par t of which is within three miles of the town hall in the city of Melbourne if the Minister is satisfied tha t there are no regular facilities available (whether on such route or within a reasonable distance therefrom) for the conveyance of passengers.

(2) For the purposes of this section the last preceding section shall take effect as if from paragraph (c) of sub-section (2) thereof the words " and tha t there are not sufficient other facilities for the conveyance of passengers to from or within the district proposed to be served " were omitted.

(3) Subject to this section the provisions of the last preceding section so far as applicable and with such alterations modifications and substitutions as are necessary shall extend and apply accordingly with respect to all or any matters provided for in the last preceding section.

6. A motor omnibus shall not ply for hire within the metropolitan area unless it is registered as a motor car under the Motor Car Act 1928 and is licensed by the licensing authority in accordance with this Par t as a hackney carriage under Par t I . of the Carriages Act 1928 and every person plying for hire with any motor omnibus not so registered and licensed and the owner of any such motor omnibus permitting or concerned in any plying for hire therewith shall severally be guilty of an offence against this Par t and shall be liable for a first offence to a penalty of not more than Twenty pounds, and for a second offence to a penalty of not less than Fifty nor more than One hundred pounds and for any subsequent offence to a penalty of One hundred pounds.

serrtgu^r d ?• (1) Notwithstanding anything in any Act the following ••specinj provisions shall have effect with regard to the licensing of motor licences. omnibuses by the licensing authority as hackney carriages under ^"'IQSIT'B"* • P a r t -*•• o f t n e Carriages Act 1928 :—

(a) Such licences shall be either " regular service " licences or " special service " licences ; and a " regular service " licence and a " special service " licence shall not both be granted for the same omnibus ;

Ho tor omnibuses to be registered and licensed as hackney carriages. Motor Omnibus Act 1924 ». 4. Motor Omnibus Act 1925 8. 3. Motor Omnibus Act 1927 s. 2.


(6) A "regular service" licence shall authorize the motor motor omniinu omnibus for which it is granted to ply for hire within rt 1924' the metropolitan area for the purpose only of maintaining a regular service upon any prescribed route specified in the licence (including any authorized temporary deviation from such a route), except in cases where the licensing authority may consent in writing to such motor omnibus plying for hire for the purpose only of maintaining a regular service on such other prescribed route and for such period as are specified in the consent:

Provided tha t in any case where such a consent is granted the motor omnibus shall not ply for hire during the period so specified on any route other than the prescribed route specified in the consent;

(c) A " regular service " licence shall not be granted and a consent under such a licence shall not be granted in respect of any prescribed route for any motor omnibus in excess of the number of motor omnibuses prescribed for tha t route ;

(d) A " special service " licence shall authorize the motor omnibus for which it is granted to ply for hire within the metropolitan area in accordance only with permits in writing to be issued from time to time by the licensing authority permitting the motor omnibus to ply for hire to or from such places of public resort or recreation and on such special occasions and on such dates and at such minimum fares as are specified in the permi t :

Provided tha t no such permit shall be granted more than twenty-one days before the date of the special occasion for which it is granted ;

(e) A licence shall not be granted for any motor omnibus unless the provisions of this Par t or of any Order in Council or regulations under this Part , so far as they apply to such motor omnibus, have been complied with;

(/) A permit under a " special service " licence shall not be granted unless the licensing authority is satisfied there are not other sufficient facilities for the conveyance of passengers ; and

(<7) Any licence consent or permit granted pursuant to this section may be granted subject to such further conditions (if any) as the licensing authority thinks fit.

(2) A licence shall not be granted under this section unless and b^1^^""*^0

until the fee payable therefor under the Carriages Act 1928 has been fees paid, paid ; and a licence granted under this section shall be of no force ^•,*'5ii)'.1

rr t t i . i - I T Motor Omnibus

or effect and shall not be issued to the applicant unless and until the *<* 1925». 7. fee payable in respect of the motor omnibus under the Motor Car Act 1928 and the additional fee or (as the case may be) any instalment thereof payable as hereinafter provided under this Par t have been paid.


Motor Omnibus Act 1924 e. 0.

8. The owner of a motor omnibus for which a " regular service " Regular service licence is granted in accordance with this Part shall (except with the maintained authority in writing of the licensing authority) maintain a regular Motor omnibus service in accordance with the licence and any relevant Order in Act 1825«. 6. Council unless the failure to maintain such service is due to circum

stances which could not reasonably have been avoided by him and save as hereinbefore in this section provided where any such owner fails to maintain a regular service as aforesaid the licensing authority without affecting any other liability of such owner may cancel the licence, and thereupon the licence shall cease to have any further force or effect.

Licences for motor omnibuses to continue In force until 31st December. lb. e. 6.

Recistration of motor omnibuses as motor cars to continue in force until 81st December.

Additional fee to be paid on registration of motor omnibus. Second Schedule. 76. ». 13. Proviso. Registration for twelve months.

Registration for less than twelve months.

Where motor car becomes licensed as a motor omnibus.

0. Notwithstanding anything in any Act— (1) Any licence for a motor omnibus granted in accordance

with this Part shall continue in force until the thirty-first day of December next following the granting thereof and no longer.

(2) Every registration or renewal of the registration of a motor omnibus as a motor car under the Motor Car Act 1928 shall continue in force until the thirty-first day of December next following such registration or renewal and no longer.

(3) On every such registration or renewal of the registration aforesaid there shall (in addition to the fee payable under the Motor Car Act 1928) be paid an additional fee as provided in the Second Schedule to this Act :

Provided that— (a) if any such registration or renewal of registration aforesaid

is made for a full period of twelve months ending on the thirty-first day of December next following such registration or renewal the said additional fee may be paid in equal half-yearly instalments in advance ; and if after the issue of any such licence any such instalment, is not so paid the licence shall thereupon cease to have any further force or effect;

(6) if in any year any such registration or renewal of registration aforesaid is made for a period .of less than twelve months as aforesaid the amount of the said fee and of the said additional fee respectively shall be calculated pro ratd according to the number of days in that period ; and

(c) if any licence is granted in accordance with this Part, in the case of a motor car (for which there is not in force a licence previously issued in accordance with this Part) during any period for which any registration or renewal of registration thereof under the Motor Car Act 1928 has been made, then—

(i.) on the granting of the licence such registration or renewal of registration shall be cancelled and shall cease to have any further force or effect: and


(ii.) before the issue of the licence a new registration Motor ommimt of the motor omnibus as a motor car under the Motor Car Act 1928 shall be made for the period ending on the thirty-first day of December next following such new registration ; and on such new registration there shall be paid the amount of the said fee and of the said additional fee calculated pro ratd as aforesaid^and a refund shall be made of any portion of the fee under the Motor Car Act 1928 which has been paid in respect of the remainder of the period for which the cancelled registration or renewal of registration was made.

10. (1) Subject to this section the licensing authority may substitute license as a hackney carriage under Part I. of the Carriages Act 1928 omnibuses.

and grant in accordance with this Part a "regular service" licence n-s-9-for any motor omnibus as a substitute motor omnibus.

(2) Every such licence granted for a substitute motor omnibus shall contain a condition to the effect that the motor omnibus shall not be used otherwise than in the place of another motor omnibus of the same owner for which a " regular service " licence is in force.

(3) The number of licences for substitute motor omnibuses that may be granted under this section to any one owner of motor omnibuses for which other " regular services " licences are in force shall be—

(a) if the number of such last-mentioned motor omnibuses does not exceed eight—one licence ;

(6) if the number of such last-mentioned motor omnibuses exceeds eight and does not exceed sixteen—one additional licence;

and so on for each additional series of eight such last-mentioned motor omnibuses.

(4) The owner of any substitute motor omnibus shall affix and keep affixed thereto in such manner as is required by the licensing authority and so as to be easily distinguishable whether by night or day an identification plate indicating that the motor omnibus is a substitute motor omnibus ; and such identification plate shall be of such size shape and character and shall contain such words or marks as are required by the licensing authority.

(5) The additional fee payable under the Second Schedule to this Act on the registration or the renewal of the registration of a motor omnibus for which a " regular service " licence is granted in accordance with this Part shall not be payable in the case of a substitute motor omnibus.

(6) If any substitute motor omnibus is used in contravention of any of the provisions of the licence therefor or of this section the owner shall be guilty of an offence against this Part and on conviction—

(a) shall be liable to a penalty of not less than Fifty nor more than One hundred pounds ; and


Motor Omnibus Act 1926.

(6) the licence of such substitute motor omnibus as a hackney carriage and as a substitute motor omnibus shall thereupon cease to have any further force or effect, and during the period of twelve months next following the date of the conviction the owner shall not be granted for the same a licence of any kind provided for in this Part.

11. (1) Notwithstanding anything in this Part or in any other Act the Board with the consent of the Governor in Council and subject to such conditions as the Governor in Council thinks fit may use substitute motor omnibuses or may on any route prescribed as a developmental route use motor omnibuses.

(2) The provisions of paragraphs (b) and (c) of sub-section (1) of section nineteen of this Act shall extend and apply with respect to any substitute motor omnibuses or other omnibuses (as the case may be) used by the Board as aforesaid.

13. (1) There shall be established and kept in the Treasury a fund to be called the " Metropolitan Roads Fund."

(2) Notwithstanding anything in any Act there shall be paid into the said fund—

(a) less cost of collection—all moneys received from the additional fees specially provided for in this Part and from all other fees payable under the Second Schedule to the Motor Oar Act 1928 on the registration and on the renewal of the registration of motor omnibuses ;

(6) less cost of collection and less any expenses of administration and of prosecutions—all moneys received by the licensing authority as fees for licences for motor omnibuses as hackney carriages under Part I. of the Carriages Act 1928 ; and

(c) the sum to be contributed annually by the Board as hereinafter provided.

(3) At the end of every financial year the moneys standing to the credit of the fund shall be allocated and paid in such proportions as the Treasurer of Victoria on the recommendation of the Commissioner of Public Works directs to the several municipalities upon any of the streets or roads of the municipal districts of which motor omnibuses (including motor omnibuses of the Board) are used and shall be applied by the councils of those municipalities respectively towards the construction renewal repair or maintenance of those streets or roads and not otherwise : Provided that before any such allocation is made there shall be repaid out of the fund to the licensing authority any costs or expenses referred to in paragraph (6) of the last preceding sub-section in excess of the moneys referred to in that paragraph.

Regulations. 13 . (i) The Governor in Council may make regulations for or Motor Omnibus ' . i _„„_„„4. j-„ Act 1924 s. 9. with respect to—

(a) the maximum height length and breadth of motor omnibuses;

Substitute motor omnibuses of the Board and use of motor omnibuses by tbe Board on developmental routes. lb. s. 10. Extension of provisions of section 19.

Metropolitan Roads Fund. Motor Omnibus Act 1924 s. 8. Payments into the fund. Fees and additional fees.

Fees under Carriages Act.

Anrual contribution by Melbourne and Metropolitan Tramways Board. Allocation of fund to municipalities for roads.

Motor Omnibus Act 1925 s. 8.


(6) the maximum weight of and the maximum load for Motor omnibus motor omnibuses ; •***1924'

(c) prohibiting the use of tires other than rubber tires on motor omnibuses and regulating the thickness and the condition of tires used on motor omnibuses ;

(d) the design and construction of motor omnibuses so as to secure the safety comfort and convenience of passengers and the public and to minimize damage to roads ;

(e) the maintenance and repair of motor omnibuses ; (f) the provision and regulation of efficient brakes and

steeling gear on motor omnibuses ; (g) the prohibition of advertisements on the outside of motor

omnibuses ; (h) the furnishing to the Minister by owners of motor

omnibuses of such statistics as are prescribed ; (i) declaring what limit of speed (not exceeding twenty

miles per hour for motor omnibuses fitted with no tires other than pneumatic tires and fifteen miles per hour for other motor omnibuses) shall not be exceeded whether generally or in any specified locality or any specified street or road or part thereof by motor omnibuses; and

(j) generally, all such matters and things as are authorized or permitted to be prescribed or are necessary or convenient to be prescribed for carrying this Part into effect.

(2J Any such regulations may prescribe penalties of not more penalties. than Twenty pounds for any breach thereof.

(3) All such regulations shall be published in the Government Publication.

Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

14. (1) The owner of any motor omnibus shall insure himself insurance by and at all times keep himself insured in some approved insurance u™sed°motor company during the currency of the licence therefor against all J™ 1^1™' sums for which he may become liable by way of damages in respect of such motor omnibus in case of injury to persons.

(2) The minimum aggregate amount of insurance against such liability in respect of every motor omnibus shall be Three thousand pounds during the currency of the licence therefor :

Provided that where more than five motor omnibuses are owned by one owner the minimum aggregate amount of insurance in respect of all such motor omnibuses shall be Fifteen thousand pounds during the currency of the licence therefor.

(3) Before or on the granting or the renewal of any licence for a motor omnibus as a hackney carriage in accordance with this Part and forthwith after any further insurance is effected during the currency of the licence the owner of the motor omnibus shall deposit


Motor omnibus with the licensing authori ty the policy of insurance together with a Ad 1924. receipt for all premiums payable thereon during the currency of

the licence-

General 1 5 . (i) The following provisions shall have effect with respect

orde lu3 as to Orders in Council or regulations (as the case may be) made under Council and .-, . ^ , regulations. thlS .fart : lb- '•11- (a) Any such Order in Council or regulation may be made

to apply or to have operation throughout the whole or any par t of the metropolitan area and m a y be of general or specially limited application according to t ime place or circumstances.

(6) Every such Order in Council shall be published in the Government Gazette and may by like Order so published be rescinded revoked amended or varied.

(c) Any such Order in Council or regulation may confer on the licensing authori ty any power or authori ty required for the carrying into effect by the licensing authori ty of all or any of the provisions of t h a t or any other Order in Council or regulation.

(d) Where any by-law or regulation or joint regulation under the Local Government Act 1928 or under any Act or enactment relating to the city of Melbourne or under the Motor Car Act 1928 or the Carriages Act 1928 is inconsistent with any Order in Council regulation or by-law made under this P a r t the provisions of such Order in Council or last-mentioned regulation or by-law shall prevail and the provisions of the first-mentioned by-law regulation or joint regulation shall to the extent of the inconsistency have no force or effect.

Protection (2) Nothing in this Pa r t shall be taken as conferring on the interests0 owner of any motor omnibus any right to the continuance of any compensation, benefits arising from the grant in the future of any licence for the B?H"S'. IS. ' same as a hackney carriage or from any Orders in Council or regu

lations for the time being in force under this P a r t ; and no person shall be entitled to claim or receive any compensation from the Crown or the licensing authority or any municipality by reason of the enactment or operation of this P a r t or of anything arising thereunder.

constitution of 16 . (1) For the purposes of this Pa r t there shall be an advisory committee, committee of five members to act in an honorary capacity and

constituted as hereinafter provided and appointed by the Governor in Council.

(2) The members of the committee shall be— (a) one member appointed as representing the Department

of Public Works, who shall be chairman of the committee ;


(6) one member appointed as representing the Victorian Motor omniimt Railways Commissioners ; Att1924'

(c) one member appointed as representing the Melbourne and Metropolitan Tramways Board ;

{d) one member appointed as representing councils of municipalities the several municipal districts whereof are situate in whole or in part within the metropolitan area and being a councillor of one of the said municipalities appointed from among nominees selected by the said councils ; and

(e) one member appointed as representing the interests of owners of motor omnibuses and appointed after consultation by the Minister with such bodies representing those interests as the Minister thinks desirable.

(3) The members of the committee shall be appointed for such term as the Governor in Council thinks fit and may be removed by the Governor in Council ; and any vacancy in the committee however arising may be filled by the Governor in Council; and in the case of any failure to select nominees as aforesaid the Governor in Council may appoint a councillor of one of the said councils as representing the said councils.

(4) Three members of the committee shall form a quorum ; and so long as there is a quorum the committee may act notwithstanding any vacancy in its numbers.

(5) The committee may meet a t such times and places as i t thinks fit and subject to this section may regulate its own procedure.

(6) At any meeting of the committee the chairman shall have a deliberative vote, and in the case of an equality of votes on any question a second or casting vote.

(7) The committee shall consider and make recommendations to and report to and advise the Minister upon any matters referred to the committee by the Minister which may be the subject of any Orders in Council or regulations under this Par t .

17. (1) Every person plying for hire(a) with any motor omnibus offences and penalties. lb. 1.13.

and the owner of such motor omnibus permitting or concerned in P™"1"68

plying for hire therewith who contravenes or fails to comply with

(a) The defendant was convicted of plying for such persons as had already signed or agreed hire with a motor omnibus which was not licensed forthwith to sign the agreement, and that as required by the Motor Omnibus Act 1924. in fact the defendant had permitted only such The evidence showed that the omnibus, which persons to ride in the omnibus, was driven by the defendant, traversed a definite Held, that there was evidence which justified route within the metropolitan area, and stopped the conviction. at various places where passengers entered or Per Irvine, C.J.—Even assuming that any alighted from i t ; that the defendant received legal relationship was created in respect of the tickets or-money from the passengers and requested particular trip for which the fare was paid and some of them to sign, and certain of them did sign, for the future, the agreement in no way interfered a document purporting to be a special agreement with what is the essential element in plying for between them and the owner of the vehicle, hire, which is, the holding out of a vehicle as one containing the terms upon which passengers into which any member of the public may enter would be carried. Evidence was given on behalf to be carried over any of the distances included of the defendant that the owner of the omnibus in its ordinary course.—Montgomery v. Park. had instructed him to permit to ride in it only 1926 V.L.R., 634.

VOL. iv.—64


Motor omnOmi any of the provisions of this Par t or any Order in Council regulation or by-law under this Par t or any licence under this Par t or any consent or permit under or conditions in such a licence shall be guilty of an offence against this P a r t ; and in any such case the court may if it thinks fit cancel or suspend for such period as it thinks fit the licence for such motor omnibus as a hackney carriage.

(2) Where any matter or thing is by or under this Par t or any Order in Council regulation or by-law under this Par t or any licence under this Part, or any consent or permit under or conditions in such licence directed or forbidden to be done and such matter or thing so directed to be done remains undone or such matter or thing so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be guilty of an offence against this Part .

(3) Every person guilty of an offence against this Par t shall for every such offence for which a penalty is not expressly provided by or under this Par t be liable to a penalty of not more than Twenty pounds and in the case of a continuing offence to a further penalty of not more than Five pounds for each day on which such offence is continued after notice has been given to the offender by the licensing authority of the commission of the offence or after a conviction or order by any court (as the case may be).

Keeovery of penalties. lb. s. 14.

Evidence in proceedings. Motor Omnibus Act 1925 s. 12.

18. (1) The council of the city of Melbourne may direct either generally or in any particular case proceedings to be taken for the recovery of penalties for any offences against this P a r t ; and the expenses of such proceedings may be defrayed by the licensing authority out of any fees received by the licensing authority for licences granted in accordance with this P a r t ; and all penalties so recovered shall be paid into the Metropolitan Roads Fund hereinbefore provided for.

(2) In any such proceedings no proof shall until evidence is given to the contrary be required—

(a) of the persons constituting the council or the licensing authority ;

(6) of the extent of the metropolitan area ; (c) of any direction to take the proceedings ; (d) of the authority of any officer of the council or of any

other person to take the proceedings ; or (e) of the presence of a quorum of the council at the giving

of any such direction or authority or the doing of any act.

Provisions as to Melbourne and Metropolitan Tiamways Board. Motor Omnibtis Act 1024 «. 16.

19. (1) Notwithstanding anything in this Par t or in any other Act the Board—

(a) may with the consent of the Governor in Council use motor omnibuses to ply for hire within the metropolitan area on such routes and subject to such conditions as tho Governor in Council thinks fi t :


Before any such consent is given the Minister Motor Omnibus

shall satisfy himself that the condition of the roads AH1924" to be included in the route is such as to be capable of carrying motor omnibus traffic thereon without unreasonable damage to the roads, and that there are not sufficient other facilities for the conveyance of passengers to from or within the district proposed t a be served :

Nothing in this sub-section shall prevent the Board under the authority conferred by paragraph (j) of section fifty-nine of the Melbourne and Metropolitan Tramways Act 1928 from using motor omnibuses for the purpose of aiding or relieving the traffic of any tramways of the Board or for the purpose of the-transport of passengers along the route of any t ramway of the Board or along or in the immediate neighbourhood of the route of any such tramway during its reconstruction or (in the case of a cable tramway) during its conversion to electric traction ;

(b) shall not be required to pay any fee under the Motor Car Act 1928 or any additional fee provided for in this Par t on the registration or the renewal of the registration under the Motor Car Act 1928 of any of its motor omnibuses ; and

(c) shall from time to time pay into the Metropolitan Roads Payment by

Fund hereinbefore provided for a sum equal to the MetroJSfuJS*0

amount which would be payable for fees under the I!oads TmA

Motor Car Act 1928 and additional fees under this Pa r t if the same were payable by the Board, together with an amount equal to the fees under the Carriages Act 1928 which would be payable by the Board in respect of its motor omnibuses if they were licensed as hackney carriages under the last-mentioned Act in accordance with this Part .

(2) Save as otherwise expressly provided in this Par t the Application of provisions of this Par t or of any Order in Council regulation or Board*0 t0 *ho

by-law under this Par t shall not apply with respect to the Board or its motor omnibuses.

20 . When any person is charged with an offence against this constitution os Par t such charge shall be heard before and all penalties imposed by sessions for ^

this Par t shall be recovered before a court of petty sessions consisting offences. of a police magistrate sitting without any other justice or justices. Motorcar Act

PART I I . — U R B A N AND COUNTRY MOTOR OMNIBUSES.

Introductory. 2 1 . In this Part unless inconsistent with the context or subject- JnterpretauonL

_,„j.f„_ Motor Omnibus matter— (Urban and

" Board " means the Country Roads Board. m ? 2 V -

" By-law " means by-law made pursuant to this Part . '^""aw"'


Motor Oijinibus (Urban and Country) Act 1927. " Country motor omnibus." " Division." " Licence."

" Licensing authority.

" Metropolitan area."

" Motor omnibus.'

"Municipality."

" Municipal district/'

f Operate.'

" Owner."

M Passenger. *• Pneumatic tire."

• Prescribed."

" Regulations." " Urban district." " Urban motor omnibus."

" Country motor omnibus" means any motor omnibus v within the meaning of this Part not being an urban

motor omnibus. " Division " means Division of this Part. " Licence" means a licence granted in accordance with

this Part and in force; and " licensed " has a corresponding interpretation.

" Licensing authority " with respect to urban motor omnibuses means the licensing authority for an urban district and with respect to country motor omnibuses means the Board.

" Metropolitan area " means the city of Melbourne and the vicinity within the distance of eight miles from the corporate limits of the said city.

" Motor omnibus " means any motor car within the meaning of the Motor Car Act 1928 with seating capacity for not less than six passengers and used or intended to be used for carrying passengers for reward at separate and distinct fares for each passenger (not being a motor omnibus within the meaning of Part I. of this Act) and whether the same is or is not licensed as a hackney carriage or stage carriage under the Carriages Act 1928 or as a carriage of any kind under any Act relating to local government.

" Municipality " includes municipality within the meaning of the Local Government Act 1928 and also the city of Melbourne and the city of Geelong.

" Municipal district" means a district under the local government of a municipality.

" Operate " means carry passengers for reward. " Owner " of a motor omnibus includes every person who is

the owner joint owner or part owner of a motor omnibus, and any person who has the use of a motor omnibus under a hiring or hire-purchase agreement.

" Passenger " does not include driver or conductor. " Pneumatic tire " means a tire composed of flexible material

and when in use kept inflated at an air pressure greater than atmospheric pressure.

" Prescribed " means prescribed by or under this Part or any by-laws or regulations.

" Regulations " means regulations made under this Part. " Urban district " means urban district under this Part. " Urban motor omnibus " means a motor omnibus which

operates or is intended to operate by carrying passengers for reward (at separate and distinct fares for each passenger of not more than One shilling and sixpence for each single journey and Three shilhngs for each return journey) from one place to another in an urban district or from a place in to a place outside of an urban district or from a place outside of to a place in an urban district.


22. (1) Nothing in this Part shall affect the operation of any Motor omnibus of the provisions of Part I. of this Act with respect to any motor ^cmn^let omnibuses to which the said Part I. applies, or shall be taken to Q927 *•4-authorize any such motor omnibus to ply for hire or operate as an of this part urban motor omnibus or as a country motor omnibus without a licence under this Part.

(2) While a motor omnibus is licensed under this Part as an urban motor omnibus or a stage motor omnibus or a touring motor omnibus the provisions of any Act or enactment relating to hackney carriages or to stage carriages or to municipal stage carriages shall not apply with respect to such motor omnibus or to the owner driver or conductor thereof so far only as it operates as an urban motor omnibus or a stage motor omnibus or a touring motor omnibus.

DIVISION 1.—URBAN MOTOR OMNIBUSES.

23. For the purposes of this Division the several areas Urban districts mentioned in the Third Schedule to this Act are hereby constituted con8tltuted-urban districts. Thi'd ' beanie.

24. The Governor in Council may by Order published in the Abolition'ana ~ . „ J J r alteration of Government Gazette— districts and

. . , . , , , , . , . , . . . , constitution of (a) constitute new urban districts consisting of any area new district*.

outside the metropolitan area ; Ib- '•6>

(6) alter the boundaries of any urban distr ict ; and (c) abolish any urban district.

25. (1) For every urban district there shall be a licensing licensing ^thority. aT

urredUie. (2) For the urban districts mentioned in the Third Schedule *»• »• ">

t o this Act the respective licensing authorities shall be— (a) for the Ballaarat urban district—the council of the city

of Bal laara t ; (b) for the Bendigo urban district—the council of the city

of Bendigo; and (c) for the Geelong urban district—the council of the city

of Geelong. (3) The licensing authority for any other urban district shall

be the council of any municipality the municipal district whereof is in whole or in part within the urban district appointed to be the licensmg authority by the Governor in Council by Order published in the Government Gazette.

26. The licensing authority for any urban district may grant Power to grant

(with or without such variations and amendments as it thinks fit) Kces? or may refuse to grant any application for a licence for any urban *»• «• s. motor omnibus operating or intended to operate within the urban district.


Motor Omnibus 2 7 . (1) Subject to the approval of the Governor in Council WOWST*!/) Act the licensing authority for any urban district may make by-laws Power'otKia ^no^ m c o n s i s * e n t ' ^ h this Par t or the regulations) for or with licensing respect to— authority to r

make by-iaws. (a) applications for licences or permits for urban motor omnibuses and the terms and conditions for such licences or permits and the refusal transfer suspension or revocation thereof ;

(b) the routes within the urban district or any par t thereof along which urban motor omnibuses for which licences are granted by the licensing authority may operate ;

(c) sections and terminal points of and stopping places on such routes ;

(d) stands for such motor omnibuses ; (e) time-tables to be observed by owners of such motor

omnibuses operating on prescribed routes or sections thereof ;

(/) the fares (including maximum and minimum fares for prescribed routes or sections thereof) to be charged for passengers carried by such motor omnibuses ;

(g) the maximum number of such motor omnibuses which may be licensed to operate on any prescribed route ;

(h) reasonable fees for licences granted by the licensing authority under this Division not exceeding—

(i.) in the case where the motor omnibus is fitted with no tires other than pneumatic tires—a fee calculated a t the rate of One pound for each passenger the motor omnibus is licensed to carry; or

(ii.) in the case where the motor omnibus is fitted with any tire or tires other than pneumatic tires—a fee calculated at the rate of Two pounds for each passenger the motor omnibus is licensed to carry ; and

(i) reasonable fees for permits granted by the licensing authority under this Division.

«,ee,sntonboy $) before a n v route aforesaid is so prescribed the licensing taken by the a u t h o r i t y

authority, (a) shall take into consideration the maximum number of such motor omnibuses proposed to be prescribed for the route ; and

(b) shall be satisfied tha t the condition of the roads to be included in the route is such as to be capable of carrying motor omnibus traffic thereon without unreasonable damage to the roads, and tha t there are not sufficient other facilities for the conveyance of passengers to from or within the area proposed to be served.

dertat°ioray&0. (3) Notwithstanding anything in this Division or in any by-law or licence or permit under this Division the licensing authority or any


person authorized in that behalf by the Mcensing authority in writing Motor omnibiu (whether generally or in any particular case) may in cases of ^muvTAct emergency by order in writing— 1927-

(a) authorize temporary deviations from prescribed routes and temporary alterations of any sections or terminal points thereof or of stopping places thereon ; or

(6) authorize any motor omnibus for which a licence has been granted by the licensing authority to operate temporarily on any route (whether a prescribed route or not)—

and every such by-law licence or permit shall take effect accordingly.

28. (1) A motor omnibus shall not operate as an urban motor Licensing of

omnibus in any urban district unless— SJmibiura. (a) it is registered as a motor car under the Motor Car Act /6, *•10-

1928 ; and (b) it is licensed by the licensing authority for that urban

district pursuant to this Division. (2) A licence shall not be granted for any urban motor omnibus

unless and until— (a) the provisions of this Part and of any by-laws and any

regulations (so far as they apply to such motor omnibus) have been complied with ; and

(b) the fee payable in respect of the motor omnibus as a motor car under the Motor Car Act 1928 and the licence-fee payable under this Division have been paid.

29. A licence under this Division shall authorize the motor Effect of licence. lb. t. IV

omnibus for which it is granted to operate for the purpose only of llcence' maintaining a regular service upon any prescribed route specified in the licence (including any authorized temporary deviation from such route), except in cases where the licensing authority consents in writing to such a motor omnibus operating for the purpose only of maintaining a regular service on such other prescribed route and for such period as are specified in the consent.

30. (1) The owner of an urban motor omnibus for which a Regular licence is granted under this Division shall (except with the consent mIintaiMdbeby in writing of the licensing authority) maintain a regular service in ownet-accordance with the licence and any relevant by-law unless the failure to maintain such service is due to circumstances which could not reasonably have been avoided by him.

(2) Save as hereinbefore in this section provided where any such owner fails to maintain a regular service as aforesaid the licensing authority (without affecting any other liabilities of such owner) may cancel the licence and thereupon the licence shall cease to have any further force or effect.

3 1 . (1) There shall be established and kept by the licensing urban District authority for each urban district an " Urban District Roads Fund " ie' rata ushed! (hereinafter in this Division referred to as " the said fund "). «.«.is.


Motor Omnibus (Prion and Country) Act 1927. Payments into fund.

Motor omnibus mileage statement to be prepared and forwarded. lb.«. 14.

Application of moneys In fund.

Determination of differences.

Permits.

a.«. is.

Recovery of penalties. lb. s. 16.

(2) Notwithstanding anything in any Act there shall be paid into the said fund (less cost of collection and less any expenses of administration and prosecutions)—

(a) all moneys received by the licensing authority from fees for licences or permits granted by the licensing authority under this Division ; and

(6) all penalties recovered by the licensing authority for offences against this Part or any regulation or by-law committed within the urban district in respect of urban motor omnibuses.

33 . (1) Every licensing authority shall— (a) as soon as conveniently may be after the thirtieth day of

September in each year prepare a statement showing the urban motor omnibus mileage run in the municipal district of each municipality in whole or in part within the urban district during the twelve months ending on the said thirtieth day of September by urban motor omnibuses licensed by the licensing authority ;

(b) forthwith forward a copy of such statement to each of such municipalities ; and

(c) apply the moneys standing to the credit of the said fund on the said thirtieth day of September in each year (after deducting the cost of administering the provisions of this Part or of any by-laws or regulations) by dividing the same between such municipalities in proportion to the motor omnibus mileage run in their respective municipal districts during the twelve months ending on the said thirtieth day of September by motor omnibuses licensed by the licensing authority.

(2) Any dispute or difference relating to the division of any moneys under this section shall be finally determined by the Minister.

(3) All moneys received by any municipality pursuant to this section shall be applied by the council thereof towards the construction renewal repair or maintenance of streets or roads situate within the municipal district and on which urban motor omnibuses operate and not otherwise.

33 . The licensing authority for any urban district on receipt of the prescribed fee and on such conditions as the licensing authority thinks fit may grant to the owner of any urban motor omnibus licensed by it a permit to operate within the urban district on any date or dates specified in the permit to or from any place of public recreation or for any special occasions.

34. (1) The licensing authority for any urban district may direct either generally or in any particular case proceedings to be taken for the recovery of penalties in respect of offences committed within its urban district against the provisions of this Part or of any regulation or by-law so far as such provisions relate to urban


motor omnibuses; and the expenses of such proceedings may be Motor Omnibus

defrayed by the licensing authority out of any fees received by the cJunSyTla licensing authority for licences or permits granted by the licensing ia27-

authority under this Division. (2) In any such proceedings no proof shall (until evidence is j ^ e

e X £ given to the contrary) be required—

(a) of the persons constituting the licensing authority ; (6) of the extent of the area constituting the urban district; (c) of any direction to take the proceedings ; (d) of the authority of any officer of the licensing authority

or of any other person to take the proceedings ; or (e) of the presence of a quorum of the licensing authority a t

the giving of any such direction or authority or the doing of any act.

3 5 . (1) The provisions of Divisions two to eight of Par t VII. ^ ' ' ^ ^ of the Local Government Act 1928 shall so far as apphcable and with of local all such alterations modifications and substitutions as are necessary ACT"""6" extend and apply with respect to the making of any by-laws under Ib- »•17-this Division and to such by-laws when made.

(2) Any such by-laws— (a) may be made to apply or to have operation throughout

the whole or any part of the urban district; (b) may be of general or specially limited application according

to time place or circumstances ; (c) may prescribe any forms for use under this Division ;

and any such form or any form to the like effect shall be sufficient in law ;

(d) shall be published in the Government Gazette and in some newspaper generally circulating in the neighbourhood;

(e) shall take effect on thecdate of the publication of the by-laws in the Government Gazette or on a later date specified in the by-laws ;

(/) may impose a penalty of not more than Twenty pounds for any contravention thereof; and in the case of a continuing offence a further penalty of not more than Five pounds for each day on which the offence is continued after a conviction or order by any cour t ; and

(g) may without prejudice to any other power of revocation amendment or variation be revoked amended or varied by Order of the Governor in Council.

DIVISION 2.—COUNTRY MOTOR OMNIBUSES.

3 6 . The Board may upon the application of the owner of a ? ho w | r o ' d t o

country motor omnibus grant in respect of such motor omnibus— grant stage and . . . . , , . touring motor

(a) a stage motor omnibus licence ; or omnibus (6) a touring motor omnibus licence ; or n.s. is. (c) both such licences.


Motor Omnibus (Urban and Country) Ad 1927 «. 19. Particulars to he contained in applications.

Powers and duties of the Board on receipt of applications. lb. «. 20.

Routes to be prescribed. lb. s. 21.

Effect of stage motor omnibus licence. lb. s. 22.

Temporary deviations <4o lb. a. 23.

Stage Motor Omnibuses. 87. Every application for a stage motor omnibus licence shall

contain the following particulars :— (a) The precise route upon which it is intended that the

motor omnibus shall operate ; (6) the proposed sections on such route ; (c) the time-tables which it is proposed to observe ; (d) the fares which are proposed to be charged ; (e) a description of the type of motor omnibus in respect of

which the application is made ; (/) the maximum number of passengers proposed to be

carried ; and (g) such other particulars as are prescribed.

38. When any application for a stage motor omnibus licence is received by the Board, the Board—

(a) shall be satisfied that the condition of the roads to be included in any proposed route is such as to be capable of carrying stage motor omnibus traffic thereon without unreasonable damage to the roads, and that there are not sufficient other facilities for the conveyance of passengers to from or within the district proposed to be served ; and

(b) may subject to the provisions of the next succeeding section grant the application (with or without such variations and amendments as it thinks fit) or may refuse to grant the application.

39. Every route in respect of which any licence for a stage motor omnibus is granted or proposed to be granted by the Board shall be a route prescribed by the Governor in Council by Order published in the Government Gazette.

40. A licence for a stage motor omnibus shall authorize the motor omnibus for which it is granted to operate for the purpose only of maintaining a regular service upon any prescribed route specified in the licence (including any authorized temporary deviation from such route), except in cases where the Board or any parson authorized in that behalf by the Board (whether generally or in any particular case) consents in writing to such a motor omnibus operating for the purpose only of maintaining a regular service on such other prescribed route and for such period as are specified in the consent.

4 1 . Notwithstanding anything in this Division or in any licence or permit under this Division the Board or any person authorized in that behalf by the Board in writing (whether generally or in any particular case) may in cases of emergency by order in writing—

(a) authorize temporary deviations from such prescribed routes or from a route or routes specified in any stage motor omnibus licence and temporary alterations of any sections or terminal points thereof or of stopping places thereon ; or


(6) authorize any stage motor omnibus for which a licence Motor Omnibus

has been granted under this Division to operate ^Country) Act

temporarily on any route (whether a prescribed route 1927" or not)—

and every such licence or permit shall take effect accordingly.

42. (1) The owner of a stage motor omnibus for which a licence Regular service is granted under this Division shall (except with the consent in maintained writing of the Board or any person authorized in that behalf by the ^^"nS^J Board whether generally or in any particular case) maintain a omnibus. regular service in accordance with the licence and any relevant Order in Council or regulation unless the failure to maintain such service is due to circumstances which could not reasonably have been avoided by him.

(2) Save as hereinbefore in this section provided where any such owner fails to maintain a regular service as aforesaid the Board (without affecting any other liabilities of such owner) may cancel the licence and thereupon the licence shall cease to have any further force or effect.

43 . The Board on receipt of the prescribed fee and on such Permits. conditions as the Board thinks fit may grant to the owner of any Ib- '•25-

motor omnibus licensed by it as a stage motor omnibus a permit to operate on any date or dates specified in the permit to or from any places of public resort or recreation or for any special occasions.

Touring Motor Omnibuses. 44. Every application for a touring motor omnibus licence Particulars to

shall contain if desired by the Board the following particulars :— app cauons? (a) The tours for which and the routes upon which it is »• «• 26.

intended that the motor omnibus shall operate ; (b) a description of the type of motor omnibus in respect of

which the application is made ; (c) the maximum number of passengers proposed to be

carried ; and (d) such other particulars as are prescribed.

45. When any application for a touring motor omnibus licence Duties and is received by the Board, the Board— oVreceiptTrd

(a) shall be satisfied that the condition of the roads to be applications. Ib s. 27.

included in any proposed route is such as to be capable of carrying touring motor omnibus traffic thereon without unreasonable damage to the roads, and that there are not sufficient other facilities for the conveyance of passengers to from or within the district proposed to be served ; and

(6) may grant the application (with or without such variations and amendments as it thinks fit) or may refuse to grant the application.

46. The owner of any licensed touring motor omnibus may on Amendment of payment of the prescribed fee to the Board apply to the Board for "P6"0^ an amendment of the licence granted in respect of such motor


1927.

Effect of licence. lb. s. 29.

Permits. lb. a. 30.

njrian°lmdbw' o m n i D U S and the Board may grant such application (with or without country) Act such variations and amendments as it thinks fit) or may refuse to

grant the application ; and any licence so amended or varied shall take effect accordingly.

47. A licence for a touring motor omnibus shall authorize the touring motor omnibus for which it is granted to operate only for the tours and upon the routes specified in the licence.

48. The Board or any person authorized in that behalf by the Board in writing (whether generally or in any particular case) on receipt of the prescribed fee and on such conditions as the Board thinks fit may grant to the owner of any motor omnibus licensed by it as a touring motor omnibus a permit authorizing such motor omnibus to operate—

(a) on any temporary deviation from the tours or routes specified in the licence ; or

(6) temporarily on any tour or route not specified in the licence.

Country Motor Omnibuses Generally. omnibus To° tor ^ 9 . (1) A country motor omnibus shall not operate on any be registered as r o a d Or TOUte U n l e s s

(a) it has been registered as a motor car under the Motor Car Act 1928 ; and

(b) it is licensed as a stage motor omnibus or a touring motor omnibus (as the case may be) under this Division.

(2) A licence shall not be granted for any stage motor omnibus or any touring motor omnibus unless and until—

(a) the provisions of this Part and of any Order in Council or regulations under this Part (so far as they apply to such motor omnibuses) have been complied with ; and

(b) a licence-fee as provided in the Fourth Schedule to this Act has been paid to the Chief Commissioner of Police.

a motor car and licensed. lb.«. 81.

Conditions precedent to granting of licence.

Fourth Schedule.

Councils to appoint stands. lb. «. 32.

Licences for motor omnibuses to continue In force until 31st December. lb. a. 33.

50. (1) Notwithstanding anything in any Act the council of any municipality shall if so required by the Board appoint within its municipal district such stands as are approved by the Board for country motor omnibuses.

(2) Subject to the approval of the Governor in Council any such council may in accordance with the Local Government Act 1928 make by-laws for or with respect to the use and the control and management of stands so appointed by it.

5 1 . Notwithstanding anything in any Act— (a) any licence for a stage motor omnibus or for a touring

motor omnibus granted under this Division shall continue in force until the thirty-first day of December next following the granting thereof and no longer; and.

N.O. 3742.] MOTOR OMNIBUS ACT 1928. 1021

(6) every registration or renewal of the registration of any Motor omntbtu such motor omnibus as a motor car under the Motor Country) Act

Car Act 1928 shall continue in force until the thirty- "^ t r a t l o n 0, first dav of December next following such registration motor

i i i omnibuses or renewal and no longer. as motor cars

to continue in

5 2 . On every such registration or renewal of registration 3isteDUecember. aforesaid of any stage motor omnibus or of any touring motor ^be'paldVn6

omnibus there shall (in addition to the fee payable under the Motor registration of _— moror

Car Act 1928) be paid to the Chief Commissioner of Pohce a ommbus. licence-fee as provided in the Fourth Schedule to this A c t : Fourth*'

Provided that— schedule. (a) if in any year any such registration or renewal of regis- ar

e°™ration tration aforesaid is made for a period of less than Jor Jess than

_ . i i J P I - i twelve months.

twelve months as aforesaid, the amount of the said fee and of the said licence-fee respectively shall be calculated pro rata according to the number of days in that period ; and

(6) if any licence is granted in accordance with this Division where motor . "* , , ? . , j . i . , , , . , . car becomes

in the case of a motor car (tor which there is not m licensed as a force a licence previously issued in accordance with motor ommbua-this Part) during any period for which any registration or renewal of registration thereof under the Motor Car Act 1928 has been made, then—

(i.) on the granting of the licence such registration or renewal of registration shall be cancelled and shall cease to have any further force or effect; and

(ii.) before the issue of the licence a new registration of the motor omnibus as a motor car under the Motor Car Act 1928 shall be made for the period ending on the thirty-first day of December next following such new registration; and on such new registration there shall be paid the amount of the said fee and of the said licence-fee calculated pro rata as aforesaid and a refund shall be made of any portion of the fee under the Motor Car Act 1928 which has been paid in respect of the remainder of the period for which the cancelled registration or renewal of registration was made. 5 3 . (1) The Board may direct either generally or in any Recovery of

penalties. lb. «. 36.

particular case proceedings to be taken for the recovery of penalties penr,ltles

in respect of offences committed against the provisions of this Par t or of any regulations so far as such provisions relate to country motor omnibuses.

(2) In any such proceedings no proof shall until evidence IS Evidence in given to the contrary be required— proceedings.

(a) of the persons constituting the Board ;


Motor Omnibus {Urban and Country) Ad 1927.

Proceedings by council for penalties.

Saving

(b) of any direction to take the proceedings ; (c) of the authori ty of any officer of the Board or of any

other person to take the proceedings ; or (d) of the presence of a quorum of the Board at the giving

of any such direction or authority or the doing of any act.

(3) The council of any municipality m a y order proceedings to be taken for the recovery of any such penalties in respect of any such offences committed within the municipal district and for the purposes of any such proceedings the provisions of sections eight hundred and twenty to eight hundred and twenty-three of the Local Government Act 1928 shall so far as applicable and with such alterations modifications and substitutions as are necessary extend and apply accordingly.

(4) The provisions of this section shall not affect any power of any member of the police force to take proceedings for the recovery of any such penalties.

administration 5 4 . All costs and expenses of the Board in the administration Boar"' by of this Pa r t shall be payable out of the Country Roads Board Fund. Ib. s. 37.

omnibuses ^ . (1) Without prejudice to any other powers of The Victorian RaiiwaVs'ctorian Railways Commissioners the said Commissioners may with the commissioners, consent of the Governor in Council operate country motor omnibuses

on such routes and subject to such conditions as the Governor in Council thinks fit.

(2) The said Commissioners shall not be required to obtain any licence or pay any licence-fee under Division two of this Pa r t bu t shall from time to time pay into the Country Roads Board Fund a sum equal to the amount which would be payable as fees under Division two of this Pa r t if the same were payable by the said Commissioners.

(3) The said Commissioners shall not be required to take out any policy of insurance in respect of any motor omnibuses operated under the provisions of this section.

(4) Any regulations made -ander this Pa r t relating to limits of speed shall apply to country motor omnibuses owned by the said Commissioners and to the drivers of such motor omnibuses.

(5) Save as expressly provided in this section the provisions of this P a r t and of any Order in Council regulation or by-law under this Pa r t shall not apply with respect to the said Commissioners or any motor omnibus operated under this section.

Ib. s. 38.

Insurance by owners of licensed motor omnibuses. lb.». 39.

DIVISION 3.—GENERAL.

5 6 . (1) The owner of any motor omnibus licensed under this Pa r t shall insure himself and a t all times keep himself insured in some insurance company approved by the appropriate licensing authority during the currency of the licence therefor against all sums for which he may become liable by way of damages in respect of such motor omnibus in case of injury to persons.


(2) The minimum aggregate amount of insurance against such f^°r^a'"dbus

liability in respect of every motor omnibus shall be One thousand country) Aa five hundred pounds during the currency of the licence therefor :

Provided that where more than five motor omnibuses are owned by one owner the minimum aggregate amount of insurance in respect of all such motor omnibuses shall be Seven thousand five hundred pounds during the currency of the licence therefor.

(3) Before or on the granting or the renewal of any licence for a motor omnibus in accordance with this Par t and forthwith after any further insurance is effected during the currency of the licence the owner of the motor omnibus shall deposit with the appropriate licensing authority the policy of insurance together with a receipt for all premiums payable thereon during the currency of the licence.

5 7 . The driver and the owner of any motor omnibus which P enaltios for

operates on any road and is not licensed under this Par t as an u E S i i urban motor omnibus or a stage omnibus or a touring omnibus shall ™ot01' om,Jbus-

° ° lb. 8.40. be severally guilty of an offence against this Par t and shall be liable for a first offence to a penalty of not more than Twenty pounds and for a second offence to a penalty of not less than Fifty nor more than One hundred pounds and for any subsequent offence to a penalty of One hundred pounds.

5 8 . The driver and the owner of any motor omnibus licensed General under this Par t which operates otherwise than in accordance with J™*1"]53' this Par t or any Order in Council by-law regulation licence permit consent or authority thereunder shall severally be guilty of an offence against this Par t ; and the court may if it thinks fit cancel or suspend for such period as it thinks fit the licence for such motor omnibus.

5 9 . Where any matter or thing is by or under this Par t or any offences against Order in Council regulation or by-law licence consent permit or ^i3

sP

4a2rt'

authority under this Par t directed or forbidden to be done and such matter or thing so directed to be done remains undone or such matter or thing so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be guilty of an offence against this Part .

60 . Every person guilty of an offence against this Par t or any Penalties. regulation or by-law shall (for every such offence for which a penalty Ib- '•43-is not expressly provided by or under this Part) be liable to a penalty of not more than Twenty pounds and in the case of a continuing offence to a further penalty of not more than Five pounds for each day on which such offence is continued or after a conviction or order by any court.

6 1 . Where any person is charged with an offence against this constitution of Par t or any regulation or by-law such charge shall be heard before sessions for ^

and all penalties imposed by or under this Par t shall be recovered ioToflfncra"?.8' before a court of petty sessions consisting of a police magistrate «• «• «*• sitting without any other justice or justices.


Motor ommbut 62. (1) The following provisions shall have effect with respect Country) Ait to Orders in Council made under this Part:— 1927 s. 45

General (a) Any such Order in Council may be made to apply or to SXreln8*8*0 n a v e operation throughout the whole or any part of So'iio^ Victoria and may be of general or specially limited

application according to time place or circumstances ; and

(b) every such Order in Council shall be published in the Government Gazette and may by like Order so published be rescinded revoked amended or varied.

(2) Any such Order in Council or any regulation made under this Part may confer on the licensing authority any power or authority required for the carrying into effect by the licensing authority of all or any of the provisions of that or any other Order in Council or regulation made under this Part.

power to Q3 (!) T i i e licensing authority with the approval of the regulations. Governor in Council may make regulations for or with respect to—

(a) the maximum height length and breadth of motor omnibuses;

(6) the maximum weight of and the maximum load for motor omnibuses;

(c) prohibiting the use of tires other than pneumatic rubber tires on motor omnibuses and regulating the thickness and condition of tires used on motor omnibuses ;

(d) the design and construction of motor omnibuses so as to secure the safety comfort and convenience of passengers and the public and to minimize damage to roads and generally the safety of the passengers ;

(e) fares to be paid by passengers on stage motor omnibuses or touring motor omnibuses ;

(/) the payment of fares of passengers on motor omnibuses and the imposition of penalties for the failure neglect or refusal to pay any such fare and for quitting the motor omnibus before paying such fare ;

(g) the publication of time tables and fares whether by exhibition in motor omnibuses or otherwise ;

(h) the conduct of passengers on motor omnibuses ; the conduct and duties of the drivers and conductors of motor omnibuses •

(i) empowering drivers and conductors of motor omnibuses to eject persons guilty of any contravention of any by-law or regulation ;

(j) the maintenance and repair of motor omnibuses ; (k) the provision regulation and maintenance of efficient

brakes and steering gear on motor omnibuses ; (I) regulating advertisements on the outside of motor

omnibuses ; (m) the disposal of property left by passengers in motor

omnibuses :


(n) the licensing and qualification of drivers and conductors Motor Omnibttt

of motor omnibuses ; CO« ?KM<«

(o) the form and the terms and conditions of and any1927 ' particulars to be set out in licences or permits under Division two of this Par t ;

(p) applications for licences or permits under Division two of this Par t and the refusal transfer suspension or revocation of such licences or permits ;

{q) the furnishing by owners of motor omnibuses of such statistics and other information as are prescribed ;

(r) declaring what limit of speed shall not be exceeded whether generally or in any specified locality or any specified street or road or part thereof by motor omnibuses or any specified class or classes of motor omnibuses ; and

(s) generally, all such matters and things as are authorized or permitted to be prescribed or are necessary or convenient to be prescribed for carrying this Par t into effect.

(2) Any regulations made under this Part— General pro-x ' •> ° visions as t o

(a) may be made to apply or to have operation throughout re&"i»tions. the whole or any part of Victoria ;

(6) may be of general or specially limited application according to time place or circumstances ;

(c) may prescribe penalties of not more than Twenty pounds for any breach thereof ; and

(d) shall be published in the Government Gazette and shall be Publication. laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament. A copy of any regulations proposed to be made under this Part shall be delivered or posted to each member of Parliament at least fourteen days before such regulations are submitted for the approval of the Governor in Council.

SCHEDULES.

FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

3378

3439 3555 3570 . .

Motor Omnibus Act 1924

Motor Omnibus Act 1925 Motor Omnibus Act 1927 Motor Omnibus (Urban and Country) Act

1927

So much as is not already repealed.

The whole. The whole. So much as is not

otherwise repealed.

Section 2.

VOL. IV.—65

1026 MOTOB OMNIBUS ACT' 1928. [19 GEO.- V.

Section*. SECOND SCHEDULE.

ADDITIONAL F E E S PAYABLE ON THE REGISTRATION AND THE RENEWAL OF THE REGISTRATION OP MOTOR OMNIBUSES UNDER THE Motor Car Act 1928.

1. In the case of a motor omnibus for which a " regular service " licence is granted in accordance with Part I. of this Act for a prescribed route in whole or in part within three miles of the town hall in the city of Melbourne, the additional fee shall be—

if the motor omnibus is fitted with any tire or tires other than pneumatic tires— a fee calculated at the rate of Four pounds ten shillings for each passenger the motor omnibus is licensed to carry ; or

if the motor omnibus is fitted, with no tires other than pneumatic tires—-a fee calculated at the rate of Three pounds seven shillings and sixpence for each passenger the motor omnibus is licensed to carry.

2. In the case of a motor omnibus for which in accordance with Part I . of this Act— (a) a " regular service " licence is granted for a prescribed route no part of which

is within three miles of the town hall in the city of Melbourne ; or (6) a " special service" licence is granted—

the additional fee shall be— if the motor omnibus is fitted with any tire or tires other than pneumatic tires—

a fee calculated at the rate of Two pounds five shillings for each passenger the motor omnibus is licensed to carry ; or

if the motor omnibus is fitted with no tires other than pneumatic tires—a fee calculated at the rate of One pound five shillings for each passenger the motor omnibus is licensed to carry :

Provided that in the case of a motor omnibus fitted with no tires other than pneumatio tires for which in accordance with Part I. of this Act a " regular service " licence is granted for a route which has been prescribed as a " developmental route " under and for the purposes of Part I. of this Act the additional fee shall be—

a fee calculated at the rate of Ten shillings for each passenger the motor omnibus is licensed to carry :

Provided further that— (i.) if any registration or renewal of registration of a motor omnibus as a motor car

under the Motor Car Act 1928 is made for a full period of twelve months ending on the thirty-first day of December next following such registration or renewal the additional fee provided for in this Schedule may be paid in equal half-yearly instalments in advance;

(ii.) if in any year any such registration or renewal of registration aforesaid is made for a period of less than twelve months as aforesaid the amount of the said additional fee shall be calculated pro raid according to the number of days in that period ;

(iii.) if any licence is granted in accordance with Part I. of this Act in the case of a motor car (for which there is not in force a licence previously issued in accordance with Part I. of this Act) during any period for which any registration or renewal of registration thereof under the Motor Car Act 1928 has been made, then on the new registration as provided in Part I. of this Act of such motor omnibus as a motor car under the Motor Car Act 1928 there shall be paid the amount of the said additional fee calculated pro raid as aforesaid; and

(iv.) no additional fee as aforesaid shall be payable under this schedule in the case of a motor omnibus for which a " regular service " licence as a substitute motor omnibus is granted in accordance with Part I. of this Act.

Sections a,, 26. THIRD SCHEDULE. URBAN DISTRICTS.

Ballaarat Urban District.—The municipal district of the city of Ballaarat and the vicinity within the distance of eight miles from the boundaries of the said municipal district.

Bendigo Urban District—The municipal district of the city of Bendigo and the vicinity within the distance of eight miles from the boundaries of the said municipal district.

Qutong Urban District.—The municipal district of the city of Geelong and the vioinity within the distance of eight miles from the boundaries of the said municipal district.

No. 3742.] MOTOR OMNIBUS ACT 1928. 102*7

FOURTH SCHEDULE. flections 49,52.

LLCENCE-FEES PAYABLE ON THE REGISTRATION AND RENEWAL OP REGISTRATION OP STAGE MOTOB OMNIBUSES AND TOURING MOTOR OMNIBUSES.

The licence-fees payable on the registration or renewal of registration of stage motor omnibuses and touring motor omnibuses shall be as follows :—

(a) For Stage Motor Omnibuses— (i.) If the motor omnibus is fitted with no tires other than pneumatic

tires—a fee calculated a t the rate of One pound for each passenger the motor omnibus is licensed to carry ;

(ii.) if the motor omnibus is fitted with any tire or tires other than pneumatic tires—a fee calculated at the rate of Three pounds for each passenger the motor omnibus is licensed to carry :

Provided that if the Board is satisfied that the prescribed route for which a licence for a stage motor omnibus is granted or is proposed to be granted is such that the stage motor omnibus when operating on that route will not be in competition with the railways of the Victorian Railways Commissioners the licence-fee payable as aforesaid on the registration or renewal of registration of that stage motor omnibus shall be one-fourth of the appropriate fee aforesaid. . ,

(6) For Touring Motor Omnibuses— (i.) H the motor omnibus is fitted with no tires other than pneumatic

tires—a fee calculated at the rate of One pound for each passenger the motor omnibus is licensed to carry;

(ii.) If the motor omnibus is fitted with any tire or tires other than pneumatio tires—a fee calculated at the rate of Two pounds foe each passenger the motor onuiibus is licensed to carry:

Provided that—

(i.) if in any year such registration or renewal of registration aforesaid is made for a period of less than twelve months as aforesaid the amount of the said licence-fee shall be calculated pro rata according to the number of days in that period; and

(ii.) if any licence is granted in accordance with Division two of Part I I . of this Act in the case of a motor car (for which there is not in force a-licence previously issued in accordance with the said Division two) during" any period for which any registration or renewal of registration thereof under the Motor Car Act 1928 has been made, then on the new registration as provided in the said Division two of such motor omnibus as a motor car under the Motor Car Act 1928 there shall be paid the amount of the said liccncc-foe calculated pro rata as aforesaid.

motor omnibus act 1928. - austlii

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