no. 6325. motor car act 1958. an act to consolidate the law relating to motor … · ·...

1958. Motor Car. No. 6325 687

No. 6325.

M O T O R CAR ACT 1958.

An Act to consolidate the Law relating to Motor Cars.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the 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 Car Act 1958, and **££*£. shall come into operation on a day to be fixed by proclamation of m TISd the Governor in Council published in the Government Gazette, and dlv on* is divided into Parts and Divisions as follows:—

Part I.—Preliminary ss. 2-5.

Part II.—Registration of Motor Cars &c. ss. 6-21.

Part III.—Licensing of Drivers ss. 22-29.

Part IV.—Regulation of Use of Motor Cars &c. ss. 30-37.

Part V.—Third-Party Insurance ss. 38-76.

Division 1.—Equipment &c. ss. 30-31.

Division 2.—Size, Weight &c. ss. 32-37.

'Division 1.—Compulsory Insurance ss. 38-71.

Division 2.—State Motor Car Insurance Office ss. 72-76.

688 1958. Motor Car. No. 6325

Part VI.—General and Supplementary ss.. 77-93.

"Division 1.—General ss. 77-80. Division 2.—Offences and Legal

Proceedings ss. 81-92. Division 3.—Regulations s. 93.

PART I.—PRELIMINARY.

Repeal. 2 . ( 1 ) The Acts mentioned in the First Schedule to the extent schedule. thereby expressed to be repealed are hereby repealed accordingly.

( 2 ) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the repealed Acts, 01 existing or continuing under any of such Acts immediately before the commencement of this Act , shall under and subject to this Act continue to have the same status operat ion and effect as they respectively would have had if such Acts had not been so repealed ;

( 6 ) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operat ion or effect of any proclamation regulation order registration application licence permit certificate exemption suspension cancellation disqualification prohibition appeal authority determination approval agreement nomination appointment delegation notice contract or policy of insurance liability or right made effected issued granted given accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Ac t ; nor shall such repeal affect the operation of sub-section ( 2 ) of section two of the Motor Car (Third-Party Insurance) Act 1956.

interpretation. 3 . ( 1 ) In this Act unless inconsistent with the context or No. 56i6 s. 3. subject ma t t e r— " Articulated " Articulated motor car " means a motor car comprising motorcar.- & fore_pa r t a n ( j a r e a r p a r t constructed and disposed

in such a way that the rear par t is attached to and pivoted on the fore-part by part ial superimposition thereon so that the rear par t is free to turn relative to the fore-part when the motor car is rounding a curve and so that a substantial part of the weight of the rear par t and of the load (if any) carried thereon is borne by the fore-part.

•• Axie." " Axle " means a bar or spindle which supports a motor car or trailer and on or with which wheels of the motor car or trailer which are in contact with the ground turn.

1958. Motor Car. No. 6325 689

" Chief Commissioner" means the Chief Commissioner jjcMef of Police, missioncr."

" Council " means the council of any municipal district. " council." " Division " means Division of a Part of this Act. " Division."

" Goods " includes all chattels personal. " Goods." " Highway" means any street road lane bridge •• Highway."

thoroughfare or place open to or used by the public for passage with vehicles.

" Motor car " or " car " means any vehicle propelled by " Motor car.'

internal combustion steam gas oil electricity or any "Car-" other power and used or intended for use on any highway and includes an articulated motor car a motor cycle and a motor tractor; but does not include a railway locomotive railway carriage or tram-motor or tram-car or a traction engine (not being a motor tractor) as defined in Part XXIV. of the Local Government Act 1958 or a tricycle carriage with auxiliary power unit which is used solely for the conveyance of an invalid person.

" Motor cycle " means a motor car which has only two '^fST

wheels but includes a motor cycle having a trailer fore-car or side-car attached thereto.

" Motor tractor " means an engine which is constructed " Motor * 0 ' tractor.'-

for use as a tractor and of a type specified by Order of the Governor in Council published in the Government Gazette, and the Governor in Council may at any time in like manner revoke amend or vary any such Order.

Municipal district" means any city town borough O r " Municipal

shire and includes the city of Melbourne and the dlstr'ct" city of Geelong.

Officer in charge of the Motor Registration Branch" "t°fficer.1il

. , 1 • * *.t * • . • • . charge of the

means the person who is for the time being in charge Motor , under the Chief Commissioner of the registration Branch."

of motor cars and the licensing of drivers under this Act.

Overall length", in relation to a motor car or to a •• overall motor car with a trailer attached thereto, means the Ien8lh" total length of the motor car or the motor car and trailer including the load (if any) carried thereon and including the space between the motor car and the trailer (if any) and including the bumpers (if any) fitted to the motor car and to the trailer.

; Owner" includes every person who is the owner or •• owner." joint owner or part owner of a motor car and any person who has the use of any motor car under a

690 1958. Motor Car. No. 6325

•Part."

' Prescribed.'

" Primary producer."

' Regulation.'

' Schedule."

' Trailer."

Determination of number of wheels on an axle.

Wheels on same axle.

hire purchase agreement but does not include an unpaid vendor of a motor car under a hire purchase agreement.

" Part" means Part of this Act. "Prescribed" means prescribed by this Act or any

regulation made pursuant to this Act. " Primary producer" means any person engaged solely

or substantially in agricultural horticultural viticultural dairying pastoral or other like pursuits.

" Regulation" means regulation made by the Governor in Council pursuant to this Act.

" Schedule " means Schedule to this Act. " Trailer" means any vehicle without motive power of

its own and designed solely or principally for the carriage of passengers or of goods for hire or in the course of trade and drawn by a motor car and detachable therefrom.

(2) In order to determine the number of wheels on any motor car or trailer for the purposes of this Act any two or more wheels on an axle shall be reckoned as two wheels and no more.

(3) On any motor car or trailer all wheels whose centres lie within the space enclosed by any two parallel transverse vertical planes extending across the full width of the vehicle forty inches apart shall for the purposes of this Act be deemed to be on one axle ; and where the centres of any such wheels lie in different transverse vertical planes the axle shall, for the purposes of measurement therefrom, be deemed to lie in a plane which is equidistant from the most widely separated of those planes.

Saving of liability.

4. Nothing in this Act shall affect any liability either civil or criminal of the driver or owner of a motor car by virtue of any statute or at common law.

Application to servants of the Crown.

5. It is hereby declared that this Act applies to persons in the public service of the Crown as well as to other persons.

PART II.—REGISTRATION OF MOTOR CARS ETC.

Registration of motor cats. No. 5616 s. 6; No. 5915 s. 2 (2).

6. (1) Every motor car and every trailer attached to a motor car (other than a motor cycle) and every motor cycle together with the trailer fore-car or side-car (if any) attached thereto shall be registered by the Chief Commissioner who shall keep a register and shall assign a separate identifying number to every motor car and to every trailer attached to any motor car (other than a motor cycle) and to every motor cycle so registered and shall enter in the register every such number and such other particulars as are required by this Act or the regulations.

1958. Motor Car. No. 6325 691

(2) Where a motor car is of such dimensions or so ^ f ^ g " ^ constructed that by reason of the provisions of Part IV. it could cars exceeding not lawfully be driven on any highway without a special permit dimensions, granted under that Part that motor car, if registered, shall be registered conditionally upon its being used on any highway only with such a special permit.

(3) Subject to this Act a fee as provided for in the Second ^ ^ a b l ° Schedule shall be paid to the Chief Commissioner on the J^S,",0^ registration of or the renewal of the registration of a motor car registration. motor cycle or trailer. IchedSie.

(4) A motor car shall not be registered in the name of any No regis; . . , r • i ^ trations in person under the age of eighteen years. names of

persons under 18.

7. (1) Notwithstanding anything in the last preceding Exemptions .. from

Sec t ion registration fees.

(a) no fee shall be payable in respect of the registration No.56i6s.7; or renewal of registration of any motor car or No-61S4sZ

trailer (marked so as to indicate the ownership thereof)—

(i) which is the property of any body of persons corporate or unincorporate (carrying on ambulance services but not for private profit) and is mechanically equipped for and used exclusively for ambulance services ; or

(ii) which is the property of the Metropolitan Fire Brigades Board or the Country Fire Authority or any body corporate or unincorporate approved by the Minister and is mechanically equipped for and used exclusively for carrying into effect the purposes of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958 or for combating outbreaks of fire;

(b) no fee shall be payable in respect of the registration or renewal of registration of any motor tractor or trailer which the Chief Commissioner is satisfied is the property of any primary producer and—

(i) (in the case of a motor tractor) is used solely in some or all of the following ways, namely :—

in connexion with the business ot such primary producer as such ;

692 1958. Motor Car. No. 6325

for the haulage between the premises of such primary producer and those of any other primary producer carrying on business as such within a radius of fifteen miles from the residence of such primary producer of agricultural implements a g r i c u l t u r a l machinery or goods necessary for working land ;

for travelling between the premises of such primary producer and the premises of any other primary producer carrying on business as such within a radius of fifteen miles from the residence of such primary producer for the purpose of working the land of that other primary producer ;

(ii) (in the case of a trailer) is attached when in use to such a motor tractor ;

(c) the regulations may make special provision with respect to the registration fees payable under conditional registrations of motor cars under sub-section (2 ) of the last preceding section.

itL-Kisinitionor (2 ) (a) Where an applicant for the registration or the motor cars of i r • a. *• e A. • j - i j

incaiuiciiiiieii renewal of registration of a motor car is a discharged serviceman •eniciiimln. who by reason of incapacity sustained or suffered as a result of his

war service is assessed by the Victorian branch of the Repatriation Commission of the Commonwealth of Australia—

(i) as being totally incapacitated ; or

(ii) as being seriously impeded in his powers of locomotion and incapacitated to an extent of not less than Seventy-five per centum—

the Chief Commissioner if satisfied by statutory declaration or by such other evidence as he may require in any particular case—

that the motor car is owned by the appl icant ; that the applicant is so incapacitated as aforesaid ; and that the motor car will not be used for carrying passengers

or goods for hire or reward and will be used primarily for the conveyance of the applicant and his wife and other members of his family—

may direct that no fee shall be charged for the registration or renewal of registration of the motor car.

1958. Motor Car. No. 6325 693

(b) Where more than one motor car is owned by such Remitted fee , . / , . ., £ • . . C . . . J .. limited to one

a discharged serviceman the foregoing provisions of this section motorcar. shall apply only to one motor car constructed for the carriage of passengers.

( c ) I n this SUb-SeCtion Interpretation.

" Discharged serviceman " means a person who served as <• Discnarced a member of the naval military or air forces of His serviceman-" Majesty or the Commonwealth or any of His Majesty's Dominions or any of the services or bodies auxiliary to any of those forces during the war which commenced in the year One thousand nine hundred and fourteen or the war which commenced in the year One thousand nine hundred and thirty-nine and who has completed his war service.

" War service " means the service of any person during «• war n either of the wars referred to in the interpretation of service-" discharged serviceman as a member of the forces services or bodies referred to in the said interpretation.

( 3 ) Where application is made for the registration or renewal Registration of registration of any motor car which is a carriage designed deSTg0ne°dr f o r solely for the conveyance of one incapacitated person, the Chief %ga&ot

Commissioner if satisfied by statutory declaration or by such other pn."Sn?itated

evidence as he may require in any particular case— (a) that the motor car is owned by the applicant; (b) that the applicant is seriously impeded in his powers

of locomotion; and (c) that the motor car will not be used for any purpose

other than the conveyance of the applicant— may direct that no fee shall be charged for the registration or renewal of registration of the motor car.

8. (1) Subject to this Act, in addition to any other fee Additional payable in respect of the registration of any motor car under this f«s

sftortlon

Act there shall be paid an additional fee on— motorcars. r . . No. 5616 s. 8;

(a) every registration (not being a renewal of registration NO. 5751 s. 2. or re-registration in the name of the person in NS.'6154S.-3.' whose name the motor car is or was last registered) of any such motor car ; and

(b) every transfer from the name of one person to the name of another person of the registration of any such motor car.

(2) Such fee shall be— Fee. (a) in the case of a motor car (other than a motor

cycle)—at the rate of Two shillings and sixpence for each unit of horse-power as determined under the Second Schedule to this Act; ich?3uie

694 1958. Motor Car. No. 6325

Exceptions.

Application of additional car registration fees.

Power to Chief Commissiocer to require motor cars and trailers to be weighed. No. 5616 s. 9; No. 5915 s . 2 ( 3 ) .

Adjustment of fees for registration.

(b) in the case of a motor cycle—One pound. (3) The foregoing provisions of this section shall not apply

to or in respect of the registration of, or the transfer from the name of one person to the name of another person of the registration of, a motor car which is or after such transfer is—

(a) a motor car for which no registration fee is otherwise payable ; or

(b) a motor car (other than a motor cycle) for which a fixed registration fee of One pound ten shillings is payable.

(4) The provisions of this Act relating to the refund or proportional reduction of any registration fee shall not apply with respect to any such additional registration fee.

(5) Notwithstanding anything in the Country Roads Act 1958—

(a) one-third of all moneys received by way of additional registration fees under this section shall be paid into the Level Crossings Fund ;

(b) the remainder of all moneys so received shall be paid into the Country Roads Board Fund.

9. (1) The Chief Commissioner— (a) may at any time require the owner of any motor car

or trailer to furnish to the Chief Commissioner a weight ticket showing the correct weight unladen of such motor car or trailer according to a weighing machine or weighbridge referred to in Part XXX. of the Local Government Act 1958 or approved by the Chief Commissioner ; and

(b) may, in any case where the Chief Commissioner has reason to believe that the weight unladen of any motor car or trailer shown on any weight ticket or on any certificate of registration is incorrect, require the motor car or trailer to be weighed on such a weighing machine or weighbridge in the presence of a member of the police force.

(2) Where the weight recorded upon the weighing of any such motor car or trailer in the presence of a member of the police force as aforesaid is different from the weight shown on the weight ticket or on the certificate of registration the weight so recorded shall be deemed to be the correct weight unladen of such motor car or trailer and if such motor car or trailer is registered the fee for registration shall be adjusted as from the commencement of the current period of registration or (in the case where the Chief Commissioner is satisfied that the difference in weight is due to structural alterations made during such period) the date when such alterations were made and shall be payable accordingly.

1958. Motor Car. No. 6325 695

10. (1) Subject to this Act the registration of a motor car Manner and under this Act may be obtained by posting or delivering to the registration

Chief Commissioner— SlSKESL (a) a duly completed application in writing in the NO.5616S.IO:

prescribed form for registration ; ^2 to. (b) the prescribed fee for registration ; (c) in accordance with Division one of Part V., a

certificate of insurance furnished by an authorized insurer for the period and for the vehicle for which registration is sought or a duly completed form of nomination of an authorized insurer in the prescribed form together with the appropriate insurance premium.(a)

(2) A registration obtained pursuant to the last preceding sub-section shall commence on the day on which the documents fee and certificate or premium referred to in that sub-section are received by the Chief Commissioner and subject to this Act shall expire on the day being twelve months after such receipt by the Chief Commissioner.

(3) The renewal of registration of any motor car may be obtained by delivering the documents and fee referred to in paragraphs (a) (b) and (c) of sub-section (1) of this section to the Chief Commissioner, by post or otherwise, at any time up to seven days after the expiry of the prior registration or renewal of registration, as the case may be.

(4) Every such renewed registration shall commence immediately after the expiration of the prior registration (including renewed registration) and subject to this Act shall expire on the day being twelve months after the day of such commencement.

(5) If at any time more than seven days after the expiration of registration (including renewed registration) there is delivered to the Chief Commissioner—

(a) a duly completed application for registration in the prescribed form ;

(b) the prescribed fee for registration ; and (c) in accordance with Division one of Part V., a

certificate of insurance furnished by an authorized insurer for the period and for the vehicle sought to be registered—

the motor car shall be re-registered as from the date of the receipt of such documents and fee (until which date the motor car shall be unregistered) and subject to this Act the registration shall expire on a day being twelve months after the expiration of the prior registration (including renewed registration) unless the Chief Commissioner is satisfied that the motor car has not been used on a highway in Victoria since the expiration of the

(a) See section 43 as to the registration of certain vehicles carrying insurance.

696 1958. Motor Car. No. 6325

prior registration in which case the registration shall commence on the day upon which the documents and fee referred to in paragraphs (a) (b) and (c) of this sub-section were received by the Chief Commissioner and subject to this Act shall expire on a day being twelve months after such receipt.

(6) The provisions of this section shall extend and apply to the registration of trailers with such adaptations as are necessary, and in particular as if any provision relating to third party insurance were omitted.

Provision, where one owner of a number of motor cars, for earlier expiry of registration of one or more of such cars. No. 5616 s. 11.

Changing pneumatic tires for other tires. No. 5616 s. 12.

Pee payable for motor car used for new purposes.

Penalties

11. Where any person is the owner of five or more motor cars which are registered under this Act the Chief Commissioner may notwithstanding anything in this Act upon being satisfied upon application by such owner that there are sufficient reasons for so doing cause the registration of one or more of such cars to expire on an earlier date than the same would otherwise expire ; and thereupon the fee payable on the subsequent renewal of registration of such motor car or motor cars shall be reduced proportionately to the unexpired portion of the period of the registration so caused to expire.

12» (1) If after the registration or the renewal of the registration of a motor car fitted entirely with pneumatic tires any pneumatic tire is removed and a tire other than a pneumatic tire is fitted in place thereof the owner of the motor car shall within seven days after the fitting of such last-mentioned tire give notice thereof to the Chief Commissioner and pay to him the amount of the difference between the fee paid on the registration or the renewal of the registration of the motor car and the fee which would have been payable on such registration or renewal if the motor car had been then fitted with one or more tires other than pneumatic tires.

(2) If in the period for which the registration or the renewal of the registration of a motor car is in force the motor car is used for any purpose or in any manner which brings it within any class or kind of motor cars in respect of which on the date of the said registration or renewal a higher fee was payable than the fee (if any) actually paid the owner of the motor car shall within seven days from the date on which the motor car is so used—

(a) give notice thereof to the Chief Commissioner ; and (b) pay to him in respect of the remainder of the said

period the proportionate amount of the difference between the fee actually paid and the said higher fee.

(3) Every owner of any such motor car who contravenes or fails to comply with any of the provisions of this section shall (without affecting any other liability of such owner) be liable to a penalty of not more than Fifty pounds.

1958. Motor Car. No. 6325 697

13. (1) The following provisions shall have effect with identifying respect to identifying numbers under this Act:— number-plates.

(a) In the case of— NO.5616S.IS.

(i) any motor car; or (ii) any trailer attached or to be attached to a

motor car (other than a motor cycle)— the identifying number shall be shown on number-plates issued by the Chief Commissioner which shall be fixed and kept fixed thereon and (where the motor car is a motor cycle) also on any trailer fore-car or side-car attached thereto so long as the registration or any renewal of registration thereof continues in force ;

(b) The Chief Commissioner shall procure a sufficient quantity of number-plates for the purposes of this section, and shall, on the registration of a motor car or trailer, issue to the person in whose name it is registered number-plates bearing the appropriate identifying number thereon and permit the use of such number-plates by such person ;

(c) Every number-plate issued by the Chief Commissioner—

(i) shall be and remain the property of the Crown ; and

(ii) shall be returned to the Chief Commissioner as provided by this Act or whenever on account of it being damaged or of the number being no longer clearly distinguishable he requires it to be returned to him;

(d) The person to whom number-plates are issued shall— (i) at the time of the first registration of the

motor car or trailer in respect of which they are issued; or

(ii) in the case of any motor car or trailer the number-plates of which are returned or required to be returned to the Chief Commissioner pursuant to this Act—at the time of the subsequent issue of number-plates in respect thereof—

pay for the use of every number-plate such sum as is demanded by the Chief Commissioner not exceeding the average cost of and incidental to procuring and issuing a number-plate;

(e) The Chief Commissioner on being satisfied whether by statutory declaration of the owner of a motor car or otherwise that a number-plate is lost may

http://no.5616s.is

698 1958. Motor Car. No. 6325

issue to such owner a new number-plate bearing the same identifying number on payment for the use thereof of such sum as is demanded by the Chief Commissioner not exceeding the average cost of and incidental to procuring and issuing a new number-plate;

(/) If on the expiration of the period for which any registration or renewal of registration of any motor car or trailer is in force the registration is not renewed, or if the registration thereof is cancelled, or if the motor car or trailer is sold or otherwise disposed of to any person outside Victoria, the person in whose name the motor car or trailer was registered at the time of such expiration cancellation sale or disposal (as the case may be) shall forthwith return any number-plates issued in respect of such motor car or trailer to the Chief Commissioner, and in default thereof shall be liable to a penalty of not more than Two pounds.

(g) No number-plate shall be fixed to or used upon— (i) any motor car or trailer attached or to be

attached to any motor car (not being a motor cycle) other than the motor car or trailer in respect of which the number-plate was issued ; or

(ii) any trailer fore-car or side-car attached or to be attached to a motor cycle other than the trailer fore-car or side-car attached to the motor cycle in respect of which the number-plate was issued ;

(h) All expenses incurred by the Chief Commissioner in or incidental to procuring and issuing number-plates pursuant to this Act shall be deemed to be an advance to and shall be and remain a charge on the Country Roads Board Fund and shall be recouped therefrom accordingly; and all sums received under this section for the issue or use of number-plates shall be paid into and form part of the said Fund.

offenceswhh (2) Any person who— respect to v ' J r

££" m (a) without lawful authority or excuse— (i) makes any number-plate which resembles

a number-plate issued by the Chief Commissioner ;

1958. Motor Car. No. 6325 699

(ii) knowingly has in his possession a number-plate issued by the Chief Commissioner ;

(iii) knowingly has in his possession any number-plate which resembles a number-plate issued by the Chief Commissioner and is calculated to deceive ; or

(iv) uses any number-plate issued by the Chief Commissioner which is altered or defaced ;

(ft) fraudulently or knowingly alters or defaces any number-plate issued by the Chief Commissioner;

(c) fraudulently uses lends or permits to be used any number-plate issued by the Chief Commissioner; or

(d) buys or sells any number-plate which resembles a number-plate issued by the Chief Commissioner and is calculated to deceive—

shall be liable for a first offence to a penalty of not more than Twenty pounds or to imprisonment for a term of not more than one month, and for a second or any subsequent offence to a penalty of not more than One hundred pounds or to imprisonment for a term of not more than twelve months.

(3) Any member of the police force may take possession of Authority to any number-plate which he has reason to believe— police force

(a) is affixed to any motor car trailer fore-car or side-car possession of in contravention of the provisions of this section ; Sumbe lates ~.r In certain u i circumstances.

(b) was not issued in accordance with this Act— and retain it until the Chief Commissioner is satisfied that it was not affixed in contravention of such provisions and was issued in accordance with this Act.

14. (1) Where the Chief Commissioner is satisfied upon Reta^i?rrtE

reasonable grounds that any motor car which is registered registration pursuant to this Act is in such a condition that it would be motor car. dangerous or unsafe to drive it on a highway, he may, by notice IJ0&{SS-M:

in writing in the prescribed form served personally or by post on s.2(4). the owner of the motor car and specifying the particulars in which the motor car is regarded as dangerous or unsafe, suspend the registration of the motor car.

(2) Where the registration of a motor car is so suspended the withdrawal Chief Commissioner may at any time within the current period of registration, if satisfied upon reasonable grounds that the deficiencies and defects in the motor car have been remedied and that it would no longer be dangerous or unsafe to drive the motor car on a highway, by the like notice withdraw the suspension notice.

700 1958. Motor Car. No. 6325

Appeal against refusal or suspension of registration.

During suspension of registration motor car deemed unregistered.

Refund of part of registration fee.

(3) In any case in which the Chief Commissioner suspends the registration of a motor car pursuant to this section the person in whose name the motor car is registered on giving to the Chief Commissioner and the clerk of petty sessions at least three days notice in writing of intention so to do may appeal against such suspension to any court of petty sessions and if, after hearing the appeal, the court decides that the suspension should be withdrawn the Chief Commissioner shall withdraw the suspension and every such decision shall be final and conclusive.

(4) While any such notice of suspension of registration is in force the motor car to which it relates shall for all the purposes of this Act be regarded as an unregistered motor car, but upon the withdrawal of any such suspension notice the registration, if not expired, shall again be in full force and effect.

(5) Where the registration of a motor car has been so suspended as aforesaid the person in whose name the motor car is registered shall upon application to the Chief Commissioner be issued with a certificate entitling him to be refunded by the Treasurer out of the Country Roads Board Fund such amount as bears to the fee paid by him on the registration or renewal of the registration of the motor car the same proportion as the period for which the registration was so suspended bears to one year.

Cancellation of registration and refund of portion of registration fee in certain cases. No. 5616 s. 15.

15. Where— (a) the certificate of registration of and the number-plates

issued in respect of a motor car are returned to the Chief Commissioner before the expiration of the period of registration ; or

(b) the Chief Commissioner is satisfied that a motor car has been stolen and not recovered or has been destroyed—

the Chief Commissioner— (i) (ii)

shall cancel the registration of such motor car ; and may issue to the owner of such motor car a certificate

stating that such owner is entitled to a refund of a sum equal to one-twelfth of the fee (paid in respect of the registration or renewal of registration of such motor car) for each complete month of the unexpired period of such registration less a prescribed cancellation fee—

and the amount of every such refund certificate shall be paid by the Treasurer out of the Country Roads Board Fund.

Manufacturers' &c. identification marks. No. 5616 s. 16.

16. (1) The Chief Commissioner may on payment of an annual fee of Five pounds assign to any manufacturer of or dealer in motor cars a general identification mark.

1958. Motor Car. No. 6325

(2) Every such mark shall be displayed by means of a special identification plate fixed on any motor car when it is being used bona fide by such manufacturer or dealer or by any person employed directly by such manufacturer or dealer for any of the following trade purposes, namely—

(a) driving the car in the process of manufacture from place to place;

(b) driving the car from the place of manufacture to the place where it will be offered for sale ;

(c) testing the car ; (d) demonstrating to a purchaser or prospective purchaser

the powers and qualities of the car ; (e) selling the car or delivering the car for or after sale—

and nothing in this sub-section shall be construed as preventing a motor car on which a special identification plate is lawfully fixed from being used for the purpose of carrying another motor car or towing another motor car or both carrying another motor car and towing another motor car, nor shall any motor car so towed or carried be required to have a separate special identification plate fixed thereto.

(3) Every such special identification plate shall on payment of a fee of Ten shillings be issued annually by the Chief Commissioner who may also limit the number of such plates to be issued in respect of any general identification mark.

(4) Every manufacturer of or dealer in motor cars to whom a general identification mark has been assigned pursuant to this section shall—

(a) keep a record in the prescribed form of the name and address of each person who drives any motor car on which such general identification mark is displayed ; and

(b) on demand produce such record for inspection by any member of the police force acting in the execution of his duty under this Act.

(5) Any such manufacturer or dealer who— (a) fails to keep the prescribed record ; (6) enters any particulars therein which are not true and

correct; or (c) refuses to produce such record for inspection when

demanded as aforesaid— shall be guilty of an offence against this Act.

702 1958. Motor Car. No. 6325

(6) The provisions of this section shall so far as applicable and with such adaptations as are necessary extend and apply with respect to trailers attached to motor cars (other than motor cycles).

Offence to 17» If drive Uarj^f,ered (a) a m o t o r c a r o r trailer is used on a highway without NO 56i6 s i7; being registered as required by this Part; or No! 61S4 s! 6.'

(b) the period for which the registration fee was paid has expired and the registration has not been renewed ; or

(c) the motor car or trailer or any part thereof is not constructed as prescribed ; or

(d) the identifying number required by this Part to be fixed thereon is not so fixed, or if being so fixed it is in any way obscured or rendered or allowed to become not easily distinguishable—

the person driving the motor car or (as the case requires) the motor car to which the trailer is attached and the owner of the motor car or trailer shall severally be guilty of an offence against

Exceptions. this Act unless— (i) in the case of a prosecution for obscuring a mark or

rendering or allowing it to become not easily distinguishable he proves that he has taken all steps reasonably practicable to prevent the mark being obscured or rendered not easily distinguishable ; or

(ii) in the case of a prosecution for using a motor car or trailer without being registered he proves that he has had no reasonable opportunity of registering it in accordance with this Part, and that it was on a highway for the purpose of being taken to be so registered; or

(iii) he proves that he was a manufacturer of or dealer in motor cars or a person employed directly by such a manufacturer or dealer and that he was using the motor car or trailer with a special identification plate issued as provided in the last preceding section fixed thereon as prescribed and only for one or more of the trade purposes specified in sub-section (2) of the last preceding section and (if used on a Sunday) that the Chief Commissioner or some member of the police force authorized by the Chief Commissioner in that behalf had given authority in writing for such use.

1958. Motor Car. No. 6325 703

18. A motor car may be registered in Victoria under this J^gjJ^* ,, Act notwithstanding that the owner or driver thereof or both of by residents them ordinarily reside outside Victoria. victoria.

No. 5616 s. 18.

19. (1) When any person resident in another State Permits as to , / , , . J r , . , , , . . motor cars

purchases in Victoria a motor car which he desires to register in purchased in the State in which he resides he may upon application to the residents in Chief Commissioner and upon supplying the prescribed particulars ^ S I M ^ and on payment of a fee of Ten shillings be supplied with an identifying number-plate and a permit in the prescribed form allowing such motor car to be used in Victoria for any period not exceeding twenty-eight days.

(2) Any person who uses such motor car on a highway in use in Victoria during the period for which the permit has been granted during period shall not be deemed within the meaning of this Act to be using ofperm,t-a motor car on a highway without being registered.

(3) Any person who at the expiration of the period for identifying which the permit was granted fails to return to the Chief returned!0

Commissioner the identifying number-plate supplied to him in accordance with the provisions of this section shall be guilty of an offence against this Act.

20. The owner of any motor car which is registered without J jgjj*, payment of a registration fee by reason of its being used or witnouuee intended to be used solely for. interstate trade commerce or usVTn80110

intercourse shall not, unless the appropriate registration fee is first trad?no?to paid, use the motor car or authorize permit or suffer the motor JXrS&te car to be used otherwise than for interstate trade commerce or S^Stof intercourse. *ee-

Nc. 6154 8. S.

21. The Governor in Council may make regulations Exemption exempting subject to such conditions as are prescribed therein f^"^^ from the operation of all or any of the provisions of this Part any ^^aaot

motor cars or classes of motor cars which are temporarily in interstate . . . . * - * . * r* m . motor cars. Victoria but are registered in any other State or any Territory NO.5616S.20; of the Commonwealth or any country outside Australia. NS'WIS8*2*

8.3(2).

PART III.—LICENSING OF DRIVERS.

22. (1) Subject to this Act no person shall drive a motor Drivers to be

car (other than a motor cycle) or a motor car being a motor {$*° j 21. cycle upon any highway without being licensed under this Part NS:S64I8' ' for the appropriate purpose and no person shall employ or permit s-2(1)-or allow to drive a motor car any person who is not so licensed.

http://no.5616s.20

704 1958. Motor Car. No. 6325

issue of licences.

Duration of licences.

Fee.

(2) The Chief Commissioner shall on the application of any person over the age of eighteen years and on being satisfied of the qualification of such person issue to such person an annual licence in the prescribed form to drive a motor car (other than a motor cycle) or an annual licence in the prescribed form to drive a motor car being a motor cycle (as the case requires):

Provided that a licence to drive a motor car (other than a motor cycle) issued pursuant to this sub-section shall not entitle the holder to drive upon a highway—

(a) a motor car with forward control constructed for the carriage of passengers and with seating capacity for more than twelve adult persons ; or

(b) a motor car (other than a motor car with forward control) constructed for the carriage of passengers and with seating capacity for more than twelve adult persons ; or

(c) an articulated motor car— unless the licence is extended by the Chief Commissioner by indorsement thereon for the appropriate purpose.

(3) The Chief Commissioner shall on the application of any person over the age of sixteen years but under the age of eighteen years and on being satisfied of the qualification of such person issue to such person an annual licence in the prescribed form to drive a motor tractor the property of any primary producer and used—

(a) in connexion with the business of such primary producer as such :

(b) for the haulage (otherwise than for hire or reward) of goods; or

(c) for travelling between the premises of such primary producer and of another such primary producer.

(4) Every licence issued under this section shall subject to this Act remain in force for twelve months from the date of issue thereof.

(5) A fee of Ten shillings per annum shall be paid for every licence issued under this section.

(6) In this section "motor car with forward control" means a motor car in which the driver's controls are placed at or close to the front of the vehicle and not behind the engine.

Person learning to drive. No. 5616 s. 22.

23. Nothing in this Part shall prevent an unlicensed person being a person over the age of seventeen years and bona fide learning to drive a motor car from driving a motor car upon any highway if such unlicensed person has sitting beside him a licensed driver and in such case such licensed driver shall be deemed to be driving such motor car.

1958. Motor Car. No. 6325 705

holding Victorian driving licences.

24. (1) Any person who ordinarily resides outside Victoria certain may subject to this section drive a motor car in Victoria if he exempted trom holds—

(a) a licence to drive a motor car ; or (b) an International Driving Permit issued in accordance NOJII*8'231

with the terms approved by the United Nations NO.(6U2S.2. Conference on Road and Motor Transport held in Geneva in the year One thousand nine hundred and forty-nine—

which licence or permit was issued in the State Territory or country in which he ordinarily resides.

(2) Any such person so driving shall not be guilty of an offence under this Part in respect of—

(a) driving a motor car upon a highway without being licensed for the purpose ; or

(b) failing to produce a licence issued under this Act if he produces a licence or an International Driving Permit aforesaid issued to him in any such State Territory or country.

(3) The foregoing provisions of this section shall not apply to any person—

(a) who has been refused a licence under this Part because of having been convicted of an offence rendering him unfit to hold such a licence; or

(b) who by order of a court is for the time being disqualified from obtaining a licence or from driving a motor car on a highway in Victoria.

25. (1) The Chief Commissioner may refuse to issue a licence Refusal, under this Part or may cancel or suspend any licence issued under &c?fof licence,

this Part for such time as the Chief Commissioner thinks fit— S0-^8-245

No. 6022

(a) if the applicant or the holder of the licence (as the NO.VIMS.7. case may be) has at any time been convicted in Victoria or in any other State or Territory of the Commonwealth of any offence which renders that person unfit to hold such a licence; or

(b) if by reason of illness or bodily infirmity defect or incapacity or by reason of the effects of treatment for any such illness bodily infirmity defect or incapacity it would be dangerous for the applicant or the person holding the licence (as the case may be) to drive a motor car; or

(c) if the applicant or the holder of the licence (as the case may be) is by reason of any judgment order or decision given or made pursuant to any law of any other State or Territory of the Commonwealth disqualified from driving any motor vehicle.

VOL. VI.—23

706

Appeal.


(2) In any case where the Chief Commissioner refuses to issue a licence or cancels or suspends a licence pursuant to the last preceding sub-section the applicant or the person whose licence is so cancelled or suspended on giving to the Chief Commissioner and to the clerk of petty sessions at least fourteen days' notice in writing of his intention so to do may appeal against such refusal cancellation or suspension to any court of petty sessions ; and every decision of such court shall be final and conclusive and shall be given effect to by the Chief Commissioner.

Suspension of licence and disqualification. No. 5616 s. 25; No. 5936 8.4(1), No. 6154 s. 8.

26. (1) Any court of petty sessions before which a person is convicted of an offence under this Act or of any offence in connexion with the driving of a motor car—

(a) may if the person convicted holds any licence under this Act suspend that licence for such time as the court thinks fit, or may cancel the licence and if the court thinks fit also declare the person convicted disqualified from obtaining a licence for such time as the court thinks fit; and

(b) may if the person convicted does not hold any licence under this Act declare him disqualified from obtaining a licence for such time as the court thinks fit; and

(c) if the person convicted holds any licence under this Act may cause particulars of the conviction and of any order of the court made under this section to be indorsed upon any licence held by him, and shall also cause a copy of the particulars of such conviction and of such order to be sent to the Chief Commissioner.

Where a court of petty sessions declares a person who has been convicted of an offence to be disqualified from obtaining a licence for any time without reference to the cancellation of any licence held by him, then if in fact the offender holds a licence under this Act the order of the court as to the disqualification shall be valid for all purposes and in addition the order shall operate for all purposes as a cancellation of the licence held by the offender.

(2) Every indorsement under paragraph (c) of the last preceding sub-section shall remain in force for a period of three years from the date thereof and shall be entered on any annual licence to drive a motor car issued to such person subsequently to the said date but during the said period.

(3) Any person so convicted if he holds any licence under this Act shall if required produce such licence within seven days from the date of such conviction to the clerk of petty sessions at

1958. Motor Car. No. 6325 707

the court where such conviction was recorded for purposes of indorsement or cancellation and if he fails to do so he shall be guilty of an offence under this Act and in addition such licence if not already cancelled may be cancelled by the court of petty sessions recording the conviction.

(4) A licence cancelled by the court shall be of no effect and a person whose licence is cancelled by the court shall by force of that cancellation and without prejudice to the power of the court to impose a longer time of disqualification be disqualified from obtaining a licence during the remainder of the period to which the cancelled licence applied.

(5) A licence suspended by the court shall during the term of suspension be of no effect and a person whose licence is suspended or who is declared by the court to be disqualified from obtaining a licence shall during the period of suspension or disqualification be disqualified from obtaining a licence.

(6) (a) Every person who is disqualified from obtaining a licence by order of the court or whose licence is cancelled or suspended by order of the court may pursuant to the provisions of the Justices Act 1958 appeal to a court of general sessions of the peace against the order in the same manner as a person may appeal who is ordered to be imprisoned.

(b) The giving of notice of appeal shall not of itself stay the operation of the order but the court making such order if it thinks fit may stay the operation of the order pending the decision of the appeal.

(7) Every person who under the provisions of this Act is disqualified from obtaining a licence and who applies for or obtains a licence while he is so disqualified and every person whose licence has been indorsed and who applies for or obtains a licence without giving particulars of the indorsement shall be guilty of an offence against this Act and any licence so obtained shall be of no effect.

27. (1) Upon the application of an authorized insurer (within the meaning of Division one of Part V. of this Act) with which a contract of insurance under the said Part relating to any motor car has been entered into, to a court of petty sessions for the suspension or cancellation of the licence to drive a motor car held by the owner or driver of such first-mentioned motor car upon the ground that the safety of the public is being endangered, the court may by order—

(a) suspend such licence for such time as the court thinks fit or cancel such licence or direct that such licence be held only under such conditions as the court thinks fit; and

Authorized insurers empowered to apply on grounds of public danger for cancellation &c. or licences. No. 5616 8.26.

708 1958. Motor Car. No. 6325

Production of licence.

Application of previous section.

(b) (if the court thinks fit) declare such owner or driver for such time as the court thinks fit—

(i) to be disqualified from obtaining a licence ; or

(ii) to be disqualified from obtaining or holding a licence except under such conditions as the court thinks fit to direct—

and may cause particulars of the order to be indorsed upon such licence and shall also cause a copy of such particulars to be sent to the Chief Commissioner.

(2) Where any order is made as aforesaid the owner or driver (as the case may be) shall if required produce such licence within seven days after the date of such order to the clerk of petty sessions at the court where such order was made for the purposes of indorsement or cancellation and if he fails to do so he shall be guilty of an offence against this Act and in addition such licence if not already cancelled may be cancelled by the court making the order.

(3) When an order is made as aforesaid the provisions of sub-sections (4) to (7) of the last preceding section shall with such adaptations as are necessary extend and apply.

Penalty for driving motor car after cancellation or during suspension of licence &c. No. 5616 s. 27.

Power of arrest without warrant.

28. (1) Any person who drives a motor car during the period of any suspension of his licence or after his licence has been cancelled or during any period of disqualification from obtaining a licence shall be guilty of an offence and liable to be imprisoned in the case of a first offence for a term of not more than one month and in the case of a second or any subsequent offence for a term of not less than one month and not more than three months.

(2) Any member of the police force may without warrant apprehend any person whom he finds offending against sub-section (1) of this section.

Production of licence on request by police. No. 56168.28.

Failure to produce licence &c.

29. (1) Any person driving a motor car upon any highway shall when requested so to do by any member of the police force produce his licence for inspection and state his name and address.

(2) If such person fails to produce his licence or refuses to state his name and address or states a false name or address he shall be guilty of an offence against this Act:

Provided that any person failing to produce his licence as aforesaid who gives a reasonable excuse for such failure and within seven days after such failure produces his licence at the police station (if any) specified by the member of the police force who requested its production shall not in respect of such failure be guilty of an offence.

1958. Motor Car. No. 6325 709

(3) Any person who is requested by a member of the police Power to force as aforesaid to state his name and address and who refuses person failing to state his name or address or gives a false name or address may In addre™ be apprehended (with or without warrant) by any member of the *"• police force who shall take such person before a justice of the peace to be dealt with according to law.

PART IV.—REGULATION OF USE OF MOTORS CARS ETC.

DIVISION 1. EQUIPMENT ETC. 30. Every person who— Lights and

(a) is in charge of a motor car (not being a motor cycle) N0.56i6s.29. travelling or being driven after sunset and before sunrise which does not carry the prescribed number of lighted lamps of the prescribed kind fixed thereto in the prescribed places°and operated in the prescribed manner and providing the prescribed kind and degree of illumination ; or

(b) between sunset and sunrise drives rides or propels a motor cycle unless there is attached thereto a lighted lamp showing a bright white light visible in the direction towards which such motor cycle is being or is about to be driven ridden or propelled sufficiently far to adequately signal the approach and position of such motor cycle and illuminate sufficiently the identifying number; or

(c) between sunset and sunrise drives rides or propels upon any highway or causes or permits to be on any highway any motor cycle which has not attached to it in addition to the lamp required by the last preceding paragraph a lighted lamp showing a red light clearly visible to any person approaching such motor cycle from the rear ; or

(d) is in a charge of a motor car which does not as prescribed carry a bell or horn or other instrument capable of giving audible and sufficient warning of the approach or position of the motor car—

shall be guilty of an offence against this Act.

31. (1) A motor cycle shall not be driven on a highway— ^o^n""1

(a) with any person other than the driver riding or being J"010/, 018!'* - j 1. . , . i L - j No. 5616s. 30.

carried thereon otherwise than m a side-car attached thereto or on a pillion seat attached thereto behind the driver's seat;

(b) with any person riding or being carried in a side-car attached thereto unless each such person is securely seated in the side-car ;

http://N0.56i6s.29

710 1958. Motor Car. No. 6325

(c) with any person riding or being carried on the pillion seat thereof unless the driver of the motor cycle has held a licence to drive a motor cycle in Victoria for not less than twelve months ;

(d) with any person riding or being carried on the pillion seat thereof, at any speed in excess of—

(i) in the municipal district of any municipality to which for the time being regulations made under sub-section (1) of section three of the Road Traffic Act 1935("> apply—twenty-five miles an hour ; and

(ii) in any other part of Victoria—forty miles an hour;

(e) with any person riding or being carried on the pillion . seat thereof unless—

(i) that person is securely seated astride and facing forwards on a seat provided with hand grips and of a type approved by the Chief Commissioner which is securely fixed to the motor cycle behind the driver's seat and which is in a serviceable condition ; and

(ii) a footrest for use by the pillion rider and independent of any footrest provided for the driver is securely affixed on each side of the frame of the motor cycle and projects outwards at right angles to the said frame for not less than four inches and not more than six inches on each side.

(2) If in respect of the driving of a motor cycle on a highway there is any contravention of or failure to comply with any provision of the foregoing sub-section the driver of the motor cycle shall be guilty of an offence against this Act.

DIVISION 2 . SIZE, WEIGHT ETC.

Power to the 32. (1) The Country Roads Board having regard to the Road-Board nature of the construction and to the condition of any State SJiidisto highway main road tourists' road or forest road within the E£*J<bj*oto» meaning of the Country Roads Act 1958 or any part thereof may ' J ^ 0 0 prohibit the use thereon of any motor car or trailer the weight of highways. which and of the load (if any) carried thereon together exceeds So!as!?Si!5 five tons on any one axle thereof, except under and in accordance No. 6i54 s. 9. wjtb a special permit granted by the said Board.

(a) But the Road Traffic Act 1935 was repealed by section 2 (1) of the Road Traffic Act 1956.

1958. Motor Car. No. 6325 711

(2) The council of any municipality having regard to the nature of the construction and to the condition of any highway or any part thereof under the care and management of the council may prohibit the use thereon of any motor car or trailer the weight of which and of the load (if any) carried thereon together exceeds five tons on any one axle thereof, except under and in accordance with a special permit granted by the council.

(3) If any motor car or trailer is used in contravention of or non-compliance with this section or of any prohibition thereunder the driver or the person in charge thereof shall be liable to a penalty of not more than Fifty pounds.

(4) The provisions of this section shall be read and construed as in aid of and not in derogation from any other provisions of this or any other Act relating to State highways main roads tourists' roads or forest roads within the meaning of the Country Roads Act 1958 or other public highways streets or roads.

33. (1) A motor car shall not, except under and in Maximum accordance with a special permit granted under this Division, be respect to

used on any highway in any of the following cases:— M°t°«^rs'S!.' No 5932

(a) If the width of the motor car together with the load ss.2,3, (if any) carried thereon exceeds eight feet; Sfio'ff.

(b) If the height of the motor car together with the load Height (if any) carried thereon exceeds twelve feet six inches;

(c) If, in the case of a motor car other than an articulated Length. motor car, the overall length of the motor car exceeds—

(i) in the case of a motor car which during the period of the registration thereof for the time being in force has been used exclusively for carrying passengers for hire—thirty-three feet; or

(ii) in any other case—thirty-one feet;

(d) If, in the case of an articulated motor car, the overall length of the motor car exceeds forty-five feet or the length of the rear portion or of the load carried thereon, measured from the foremost point of the rear portion or of the load (as the case requires) to the centre of the rear axle, exceeds thirty-one feet: Provided that where the said rear portion has more than one axle the measurement shall be made from the foremost point of the rear portion or of the load (as the case requires) to a point on the mid-line of the rear portion equidistant from the most widely separated of those axles;

712 1958. Motor Car. No. 6325

(e) If, in the case of a motor car with a trailer attached thereto, the overall length of the motor car and the trailer exceeds fifty feet;

weight (/) If the gross weight carried by any one tire fitted to the motor car or any trailer attached thereto exceeds five thousand pounds;

(g) If the gross weight carried on any one axle of the motor car or of any trailer attached thereto exceeds eighteen thousand pounds;

(ft) If the gross weight carried on all the axles of the motor car or of the motor car and any trailer attached thereto or carried on any consecutive group of those axles exceeds the weight set out in

Third the Third Schedule opposite to the distance which Sche *• corresponds with the distance (measured in a

horizontal plane) between the extreme axles of the motor car or of the motor car and trailer or of the said group of axles (as the case may be);

(/) If the weight of the load on the motor car or on any trailer attached thereto exceeds by more than ten per centum the weight shown in the certificate of registration thereof as the load capacity of the motor car or trailer (as the case may be);

Tires. (/) If the motor car or any trailer attached thereto is fitted with any pneumatic tire which is inflated to any greater pressure than one hundred pounds to the square inch or which is so worn as to show the canvas on that part of the tire which comes in contact with the road;

(k) If the motor car or any trailer attached thereto is fitted with any tire other than a rubber tire;

(/) Where the motor car or any trailer attached thereto is fitted with one or more rubber tires other than pneumatic tires—if any such tire is not in good condition or has not rubber at least one inch thick on the whole of the circumference of the wheel;

Trailers, &c (m) Where a trailer is attached to the motor car—

(i) if any part of the trailer or its load projects laterally beyond the wheels or sides of the motor car; or

1958. Motor Car. No. 6325 713

(ii) unless the trailer is attached to the motor car b y -

couplings approved by the Chief Commissioner or a member of the police force authorized in writing either generally or in any particular case by the Chief Commissioner; or

other devices so approved— which are fitted in such a manner as to prevent lateral swing of the trailer when the motor car and trailer are in motion;

(n) If the motor car, being an articulated motor car, has a trailer attached thereto; or

(o) If the motor car has more than one trailer attached thereto or consists of more than two separate rigid parts.

(2) A motor car shall not be used on any highway at a greater Limits of speed than— speed-

(a) in the case of a motor car carrying goods for hire or Goods goods in the course of trade or constructed primarily pneumatic to carry goods of any kind and fitted entirely with tires' pneumatic tires—

(i) if the weight of the motor car and of the load (if any) carried thereon together exceeds three tons but does not exceed eight tons and no trailer is attached to the motor car—thirty-five miles an hour;

(ii) if such weight exceeds eight tons or if a trailer fitted entirely with pneumatic tires is attached to the motor car—thirty miles an hour; or

(iii) if a trailer fitted with one or more tires other than pneumatic tires is attached to the motor car—fifteen miles an hour;

(b) in the case of a motor car carrying goods for hire or Goods goods in the course of trade or constructed primarily oth,er1ttes!,h

to carry goods of any kind and fitted with one or more tires other than pneumatic tires—

(i) if the weight of the motor car and of the load (if any) carried thereon together does not exceed three tons—fifteen miles an hour; or

(ii) if such weight exceeds three tons—twelve miles an hour;

714 1958. Motor Car. No. 6325

Passenger vehicles with pneumatic tires.

Passenger vehicles with other tires.

Reduced lengths weights and speeds on proclaimed roads.

Reduced lengths weights and speeds on other proclaimed roads.

(c) in the case of a motor car registered as a motor car used for carrying passengers for hire and fitted entirely with pneumatic tires—

(i) if no trailer is attached to the motor car— forty miles an hour;

(ii) if a trailer fitted entirely with pneumatic tires is attached to the motor car—thirty miles an hour; or

(Hi) if a trailer fitted with one or more tires other than pneumatic tires is attached to the motor car—fifteen miles an hour;

(d) in the case of a motor car registered as a motor car used for carrying passengers for hire and fitted with one or more tires other than pneumatic tires—

(i) if the weight of the motor car and of the load (if any) carried thereon together does not exceed three tons—fifteen miles an hour; or

(ii) if such weight exceeds three tons—twelve miles an hour:

Provided that this sub-section shall not prejudice or affect the operation of any other provisions of this Act or of any regulation under this Act or of any regulation or by-law under any other Act prescribing a lower rate of speed.

(3) The Governor in Council upon the recommendation of the Country Roads Board may by proclamation published in the Government Gazette reduce any length weight or speed referred to in any of the provisions of sub-section (1) or sub-section (2) of this section in respect of the use of any motor car or any motor car with a trailer attached thereto on any highway or part of a highway specified in the proclamation which is a State highway main road tourists' road or forest road within the meaning of the Country Roads Act 1958, and thereupon the provisions of the said sub-section (1) or sub-section (2) (as the case may be) shall so far as they apply to the said highway or part of a highway be deemed to be amended and as so amended shall apply accordingly; and the Governor in Council may at any time upon the like recommendation and in the like manner revoke amend or vary any such proclamation as aforesaid.

(4) The Governor in Council upon the recommendation of the council of any municipality and the Country Roads Board may by proclamation published in the Government Gazette reduce any length weight or speed referred to in any of the provisions of sub-section (1) or sub-section (2) of this section in respect of the use of any motor car or any motor car with a trailer attached thereto on any highway or part of a highway specified in the proclamation which is within or partly within the municipal district


of the municipality and which is not a State highway main road tourists' road or forest road within the meaning of the Country Roads Act 1958, and thereupon the provisions of the said sub-section (1) or sub-section (2) (as the case may be) shall so far as they apply to the said highway or part of a highway be deemed to be amended and as so amended shall apply accordingly; and the Governor in Council may at any time upon the like recommendation and in the like manner revoke amend or vary any such proclamation as aforesaid.

(5) In any case where a motor car is used on a highway in contravention of or non-compliance with any provision of sub-section (1) of this section—

(o) the owner and the driver thereof and any person who is in charge of the vehicle and who is travelling thereon shall each be severally guilty of an offence and liable to a penalty of not more than One hundred pounds together with an additional penalty, where the offence consists of carrying an excess of weight upon any tire, axle or axles of—

(i) Ten shillings for each hundredweight or part of a hundredweight of such excess where the excess does not exceed one ton; or

(ii) Ten pounds for each ton or part of a ton of such excess where the excess exceeds one ton;

(6) any member of the police force or any officer of the Country Roads Board or of the Transport Regulation Board or of the council of the municipality in the municipal district of which any part of the highway on which the motor car is so used is situated may require the driver or the person in charge thereof—

(i) to unload so much of the load carried on the motor car and on any trailer attached thereto as is necessary to bring the motor car and trailer (if any) and the load within the limits of width height length and weight permitted by the said sub-section ; or

(ii) to drive the motor car and trailer (if any) to the nearest practicable police station for impounding as hereinafter provided—

at the choice of the driver or person in charge ; (c) if the driver or person in charge when so required

fails neglects or refuses so to unload the vehicle or to drive it to the police station he shall be guilty of

716 1958. Motor Car. No. 6325

an offence against this Act and liable to be imprisoned for not more than seven days or to pay a fine of not more than One hundred pounds, and any member of the police force may without warrant apprehend any person so offending and may drive the motor car and trailer (if any) or cause them to be driven to the said police station ;

(d) where any motor car and trailer (if any) is so driven to a police station, whether by the driver or person in charge thereof or by any member of the police force or other person at his direction, the motor car and trailer (if any) and the load thereon may be impounded by any member of the police force and retained at or in the vicinity of the police station until so unloaded as aforesaid ; and

(e) the owner of the motor car shall be responsible for any loss or damage occasioned by or arising out of any unloading or impounding as referred to in this sub-section.

penalties tor (6 ) If any motor car is used on a highway in contravention SStoSf8 of or non-compliance with any of the provisions of sub-section ( 2 ) speed. 0f this section the driver thereof shall be guilty of an offence and

liable for a first offence to a penalty of not more than Twenty pounds and for a second or any subsequent offence to a penalty of not less than Twenty pounds and not more than Fifty pounds or to imprisonment for a term of not more than one month, and upon any conviction for a second or any subsequent offence under this sub-section the court shall, under Part III., either cancel the offender's licence or suspend the offender's licence for such term as the court thinks fit.

savings, &c. (7 ) The provisions of this section shall not apply to any motor car or trailer of any public statutory corporation.

( 8 ) ( a ) Any motor car or motor car with a trailer attached thereto which is used on a highway and the weight of which and of the load (if any) carried thereon does not exceed the weight allowable under this section in respect of such motor car or motor car and trailer shall not be deemed to be used in contravention of section six hundred and sixty-one of the Local Government Act 1958.

(b) Nothing in the said section six hundred and sixty-one shall be read or construed as entitling any person to use on a highway a motor car or a motor car with a trailer attached thereto if the weight thereof and of the load (if any) carried thereon exceeds the weight allowable in respect of such motor car or motor car and trailer (as the case may be) under this Act.

1958. Motor Car. No. 6325 717

(9 ) (a) I t shall not be lawful for any person to drive or Limitation of time for cause or permit any person employed by him or subject to his which drivers

orders to drive any motor car which is used for the carriage of moto?!!^ passengers for hire or reward or of goods for hire or reward or SStiS^u^ in the course of t rade— on duty.

(i) for any continuous period of more than five and one-half hours; or

(ii) for continuous periods amounting in the aggregate to more than eleven hours in respect of any period of twenty-four hours commencing at midnight; or

(iii) so that the driver has not at least ten consecutive hours for rest in any period of twenty-four hours calculated from the commencement of any period of driving:

Provided that it shall be a sufficient compliance with the provisions of sub-paragraph (iii) of this paragraph if the driver has at least nine consecutive hours for rest in any such period of twenty-four hours if he also has an interval of at least twelve consecutive hours for rest in the next following period of twenty-four hours.

(b) For the purposes of this sub-section— (i) any two or more periods of time shall be deemed

to be a continuous period unless separated by an interval of not less than half an hour in which the driver is able to obtain rest and refreshment;

(ii) any time spent by the driver on other work in connexion with a motor car or the load carried thereby, including in the case of a motor car used for the carriage of goods any time spent on a vehicle while on a journey in any other capacity than as a passenger, shall be reckoned as time spent in driving;

(iii) in the case of a motor car owned by a primary producer and used by him in connexion with his business as such a person shall not be deemed to be driving the motor car or to be spending time on work in connexion with a motor car or the load carried thereby so long as the motor car is not in motion on a public highway;

(c) Any person who contravenes any of the provisions of this sub-section shall be guilty of an offence and liable in the case of a first offence to a penalty of not more than Fifty pounds and in the case of a second or subsequent offence to a penalty of not less than Twenty pounds and not more than One hundred pounds: Provided that such person shall not be liable to be convicted under this sub-section if he proves to the court that the

718 1958. Motor Car. No. 6325

contravention was due to unavoidable delay in the completion of any journey arising out of circumstances which he could not reasonably have foreseen.

Drivers not to (10) Any person who instructs or requires any person in his drivelSre t0 employment to drive a motor car in contravention of sub-section S°ubSSlSS (1) of this section shall be guilty of an offence and liable to a ( , )- penalty of not more than Two hundred pounds.

Restrictions 34 . ( 1 ) A traction engine shall not be used on any highway Slfiere w (except under and in accordance with a special permit granted ua«ihondto by the Country Roads Board or a counci l )— engines used , on highways. ( a ) with a trailer attached thereto— No. 5616 s. 33. , . » .» , . t . . . ••> . .. « i .

( i ) if the weight of the trailer and of the load (if any) is such that the weight on any one axle of the trailer exceeds three tons; or

(ii) if any part of the trailer or its load is more than eight feet in width; or

(iii) unless the trailer is attached to the traction engine by—

couplings approved by the Chief Commissioner or a member of the police force authorized in writing either generally or in any particular case by the Chief Commissioner; or

other devices so approved—

which are fitted in such a manner as to prevent lateral swing of the trailer when the traction engine and trailer are in motion; or

(iv) if the trailer is fitted with one or more metal tires; or

(v) if the trailer is fitted with one or more rubber tires other than pneumatic tires if any such tire is not in good condition or has not rubber at least one inch thick on the circumference of the wheel; or

(b) if the traction engine has more than one trailer attached thereto; or

(c) with trailer attached thereto, if the length of the traction engine together with the length of the trailer and the space between the traction engine and the trailer together exceed forty-five feet.

1958. Motor Car. No. 6325 ,719

(2) In this section "trailer" means any vehicle without -Trailer." motive power of its own and designed solely or principally for the carriage of goods for hire or in course of trade and drawn by a traction engine and detachable therefrom.

(3) If any traction engine is used on a highway in Penalty, contravention of or non-compliance with any of the provisions of this section the driver thereof or the person in charge thereof shall be liable to a penalty of not more than Fifty pounds.

(4) The provisions of this section shall not apply to any Exemption, traction engine of any public statutory corporation.

35. (1) Every special permit provided for in this Division General , ' _, J r r r provisions as may be granted— to special

permits.

(a) in the case of any State highway main road tourists' No.56i6s.M. road or forest road within the meaning of the Country Roads Act 1958—by the Country Roads Board or by any officer of the said Board thereto authorized in writing either generally or in any particular case; or

(b) in the case of any other highway—by the council having the care and managment thereof or by an officer of such council thereto authorized in writing either generally or in any particular case.

(2) Every such permit—

(a) shall be in writing;

(b) may be granted for a single trip or for a specified period;

(c) shall designate the route to be traversed; and (d) may contain such other conditions and provisions as

the Board or the council (as the case may be) thinks proper, and may require such undertaking or security as the Board or the council (as the case may be) thinks necessary for the payment of any damages caused to any highway by reason of the use of any vehicle for which the permit is granted.

(3) Every such permit shall— (a) be carried in the vehicle to which it refers; and (b) on demand of any member of the police force or any

officer of the said Board or of the council (as the case may be) be produced by the driver or the' person in charge of the vehicle.

720 1958. Motor Car. No. 6325

(4) Every person using a vehicle under any such permit shall pay to the said Board or the council (as the case may be) the amount of any and all damage that may be caused to any highway by reason of the use of such vehicle thereon, and the granting of the permit shall not relieve any person from liability for such damage.

(5) Every person who contravenes or fails to observe any provisions of this section or any of the conditions or provisions of any such permit shall (without affecting any other liability of such person) be liable to a penalty of not more than Fifty pounds.

Drivers of 36. (1) For the purpose of ascertaining whether the Sd trartton provisions of this Division are being contravened any inspector of auoweisoadsto weights and measures any member of the police force any officer be weighed. 0f ^ Country Roads Board or of the Transport Regulation Board NS; MM & ill or any officer of or person acting by or under the authority of any

council may request the driver of any motor car or traction engine on any highway to do whichever one of the following things the said inspector member of the police force officer or person determines namely :—

(a) To allow such motor car or any trailer attached to such motor car or to any traction engine with any load (whether of goods or passengers or both) on such motor car or trailer to be weighed on a portable mechanical device; or

(b) To take such motor car or any trailer attached to such motor car or to any traction engine with any load (whether of goods or passengers or both) on such motor car or trailer—

(i) to the nearest weighbridge or weighing machine on the route towards the place to which such motor car or traction engine is being taken; or

(ii) to any weighbridge or weighing machine within two miles in any direction from the place at which the request is made—

and to allow such motor car or any trailer attached to such motor car or traction engine with any load as aforesaid to be weighed on such weighbridge or weighing machine; or

(c) To allow any goods on such motor car or on any trailer attached to such motor car or traction engine to be measured for the purpose of ascertaining the weight thereof in accordance with any regulation under this Act.

1958. Motor Car. No. 6325 721

(2) If the weight of such goods is ascertained by measurement only, the result of such measurement shall be taken to be the actual weight of such goods for the purposes of this Division unless the owner or the driver of the motor car or traction engine (as the case may be) at the time gives notice of his intention of having the same weighed and forthwith at his own expense proceeds to have the same weighed at the nearest or most convenient weighbridge or weighing machine.

(3) Any person who when requested as aforesaid refuses to comply with such request shall be liable to a penalty of not more than One hundred pounds.

(4) In any prosecution for any contravention of the provisions of this Division any weight which is painted on a motor car and which purports to be the weight of such motor car shall be deemed to be prima facie evidence of the weight of such motor car.

37. (1) If any member of the police force or officer of the Power to Country Roads Board or of the Transport Regulation Board has stopping of reasonable grounds for believing that the provisions of this Division jSS2?uS»of are being contravened by any person driving a motor car he may— H2££O&:.

(a) request or signal such person to stop the motor car; No. 56i6s. 36; (6) request such person to produce for inspection his

licence to drive a motor car and to state his name and address.

(2) If such person fails to stop the motor car when so requested or signalled or to produce his licence or refuses to state his name or address or states a false name or address he shall be guilty of an offence against this Act: Provided that any person failing to produce his licence as aforesaid who gives a reasonable excuse for such failure and within seven days after such failure produces his licence at the police station (if any) specified by the officer who requested its production shall not in respect of such failure be guilty of an offence.

PART V.—THIRD-PARTY INSURANCE.

DIVISION 1. COMPULSORY INSURANCE. 38. (1) In this Division unless inconsistent with the context Interpretation.

or subject-matter— N0.56i6s.37. " Appropriate insurance premium" means an amount •• Appropriate

calculated according to the prescribed maximum rate p^Env* of insurance premium applicable to the motor car concerned, but where any authorized insurer has in the prescribed manner given notice to the Chief Commissioner that it is willing to enter into contracts of insurance under this Division at a lower rate of premium than such maximum rate, means where a

http://N0.56i6s.37

722 1958. Motor Car. No. 6325

" Authorized insurer."

" Contract of insurance under this Division."

' Driver."

" Financial year."

" Policy of insurance."

" Uninsured motor car."

References to action brought, judgment entered, Ac.

Survival of actions in relation to third-party insurance.

contract of insurance under this Division is entered into with that authorized insurer an amount calculated according to such lower rate.

" Authorized insurer" means any body corporate or unincorporate which is approved as an authorized insurer under this Division

" Contract of insurance under this Division" means a contract of insurance with an authorized insurer and complying with the requirements of this Division.

" Driver " in relation to a motor car includes any person who is in charge of the motor car and " drive " and " driving " have a corresponding meaning.

" Financial year " means the twelve months ending the thirtieth day of June.

" Policy of insurance" includes a cover note which is binding on the insurer.

" Uninsured motor car " means any motor car in relation to which the owner thereof is required to enter into a contract of insurance under this Division and in relation to which there is not in force a contract of insurance under this Division.

(2) Any reference in this Division to an action brought or a judgment entered or obtained or a judgment creditor or judgment debtor or execution of a judgment shall (where the case so requires) include a reference to a complaint laid, an order made by a court of petty sessions, the person in whose favour the order is made, the person against whom the order is made and distress levied upon such order.

(3) Without affecting the survival of any cause of action on the death of any person, in the case of the death of the owner or driver of a car—

(a) any reference in this Division to liability incurred by the owner or driver in respect of the death of or bodily injury to any person shall include a reference to liability in respect of the death or bodily injury under any cause of action surviving against the estate of such owner or driver;

(b) any reference in this Division to a judgment against the owner or driver shall include a reference to a judgment against the personal representative of the owner or driver;

(c) any reference in this Division to a judgment debtor shall (where the context so requires) include a reference to the owner or driver or to the estate of the owner or driver—

and this Division shall be read and construed and take effect accordingly.

1958. Motor Car. No. 6325 723

39. (1) This Division shall bind the Crown. Application to Crown.

(2) (a) It shall not be necessary for the owner of any motor N°-56,6s-38-car which is temporarily in Victoria and which is registered in any toSti^'aS other State or any Territory of the Commonwealth prescribed by motorcare-the Governor in Council as hereinafter provided to insure under this Division if while the motor car is in Victoria the owner and any driver of such motor car are insured under a contract of insurance in accordance with the law of such State or Territory against liability which may be incurred by such owner or driver in respect of the death of or bodily injury to any person caused by or arising out of the use of such motor car in Victoria.

(b) The Governor in Council may by Order published in the Government Gazette prescribe for the purposes of this sub-section any State or Territory of the Commonwealth in which in the opinion of the Governor in Council there is in operation legislation for the carrying out of objects substantially similar to the objects of this Division.

(3) So far as relates to motor cars for which registrations Application to under this Act are not in force and which are in the possession or SSiercara

under the control of any manufacturer of or dealer in motor cars manufacturers to whom a general identification mark has been assigned under *"• Part II. by the Chief Commissioner, the provisions of this Division shall with such adaptations as are necessary extend and apply in all respects as if such manufacturer or dealer were the owner of every such motor car, but the contract of insurance under this Division shall, be entered into before or upon the assignment to such manufacturer or dealer of such general identification mark.

40. (1) Every owner of a motor car shall subject to and in accordance with this Division—

(a) insure against any liability which may be incurred by him or any person who drives such motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of such motor car; and

(b) for that purpose enter into a contract of insurance under this Division.

Owners of motor cars required to insure against liability which maybe incurred in respect of death of or bodily injury to other persons. No. 5616 s. 39.

(2) The owner of any motor car who in contravention of this Division uses or causes or permits any other person to use such motor car shall unless there is in force in relation to such motor car a contract of insurance under this Division be liable to a penalty of not more than One hundred pounds or to imprisonment for a term of not more than three months.

724 1958. Motor Car. No. 6325

Melbourne and Metropolitan Tramways Board not required to enter into contracts of insurance.

(3) Nothing in this section shall require the Melbourne and Metropolitan Tramways Board to enter into a contract of insurance under this Division but the said Board—

(a) shall nevertheless be liable to all other obligations imposed by this Division and all such claims and actions to the same extent and with the same rights in all respects as if there were in force a contract of insurance under this Division relating to every motor car owned by the said Board (limited in the manner and to the extent allowed by this Division) and the said Board were the authorized insurer; and

(b) shall pay annually to the Treasurer of Victoria a sum equal to the amounts which would be deducted under this Division and placed to the credit of the Motor Car (Hospital Payments) Fund in respect of motor cars owned by the said Board if a premium or premiums in respect thereof were paid to an authorized insurer by the Board and the sums so paid annually shall be placed to the credit of the said Fund.

Applications by insurance companies to be authorized insurers. No. 5616 s. 40.

Approval by Minister.

When approval takes effect.

Cancellation of approval.

Withdrawals.

Cancellation of withdrawal not to afiect previous contracts.

41. (1) Any body corporate or unincorporate carrying on the business of insurance in Victoria which is willing to undertake insurance business in terms of this Division may apply to the Minister to be approved as an authorized insurer.

(2) The Minister may refuse to grant such approval or may grant such approval subject to such conditions (if any) as are prescribed.

(3) The Minister shall cause notice of such approval to be published in the Government Gazette and such approval shall take effect on a date specified for the purpose by the Minister in such notice.

(4) The Governor in Council may at any time by Order published in the Government Gazette cancel such approval and such cancellation shall take effect on a date specified for the purpose in the Order.

(5) Any authorized insurer may by notice in writing to the Minister withdraw from insurance business in terms of this Division, but such notice of withdrawal shall not take effect until a date (not being more than three months after the date when the notice of withdrawal is given) specified by the Minister by notice published in the Government Gazette.

(6) A cancellation of approval or a notice of withdrawal as aforesaid shall not affect any contract of insurance entered into under this Division with the authorized insurer before such cancellation or notice of withdrawal takes effect.

1958. Motor Car. No. 6325 725

4 2 . ( 1 ) Insurance to comply with the requirements of this ways in Division shall subject t o . this section be effected by owners of insurance in

motors cars in one of the following ways :— So'Sr'Sawto (a) The owner of any motor car may before or upon N0?5M6S."41:

the registration or renewal of registration of the *%$? motor car or the granting of any permit under Part II. in respect of the motor car—

(i) pay to the Chief Commissioner the appropriate insurance premium in respect of that motor car; and

(ii) nominate the authorized insurer with which the contract of insurance under this Division is to be made; or

(b) The owner of any motor car may before or upon the registration or renewal of registration of the motor car or the granting of any permit as aforesaid in respect of the motor car pay to an authorized insurer the appropriate insurance premium in respect of that motor car and enter into a contract of insurance under this Division with that authorized insurer:

Provided 'that the procedure prescribed by paragraph (a) of this sub-section shall not apply in any case to which the provisions of sub-section (5) of section ten of this Act apply.

(2) Every nomination made under paragraph (a) of the last Nomination preceding sub-section shall— of insurer.

(a) be in the prescribed form; (b) (in the case where the owner is licensed to drive a

motor car under this Act) contain particulars as to the age and any physical disabilties of such owner and with respect to any convictions of the owner for any offence under this Act or any corresponding previous enactment and for any offence relating to drunkenness under the Police Offences Act 1958 or any corresponding previous enactment—

and a copy of every such nomination shall on the day it is received or as soon as practicable thereafter be sent by the Chief Commissioner by post addressed to the authorized insurer named therein.

(3) (a) When an authorized insurer accepts the appropriate certificate of insurance premium paid by the owner in respect of a motor car {Sstoaace&c' under paragraph (b) of sub-section ( 1 ) of this section the i£Srere

0dnby

authorized insurer shall— ofpremuSi. ( i ) forthwith furnish the owner with a certificate of

insurance in the prescribed form in relation to such motor car; and

726 1958. Motor Car. No. 6325

Registration of motor car not to be made or renewed &c unless Insurance effected.

Where motor car driven to secure registration Ac

Motorcars entering Victoria.

When contract of insurance deemed to be entered into.

Period of contract of insurance.

(ii) as soon as may be issue to the owner a policy of insurance.

(b) Such policy of insurance shall— (i) be in accordance with the contract of insurance under

this Division and evidence thereof; and (ii) be in a form approved by the Minister.

(4) A registration of a motor car shall not be made or renewed and a permit as aforesaid shall not be granted unless the owner—

(a) has paid the appropriate insurance premium and nominated an authorized insurer as aforesaid; or

(b) first delivers to the Chief Commissioner a certificate of insurance furnished by an authorized insurer under the last preceding sub-section in relation to the motor car.(0)

(5) Where it is necessary for any motor car in relation to which no contract of insurance under this part is in force to be driven on a highway for the purpose of being registered or so that a permit under Part II. may be obtained the owner shall before such motor car is so driven enter into a contract of insurance under this Division in relation to such motor car.

(6) Where any motor car which is exempted from the provisions of this Act relating to registration comes temporarily into Victoria the owner of that motor car shall (unless such motor car is one which it is not necessary for the owner to insure under this Division) enter into a contract of insurance under this Part in relation to such motor car before or as soon as practicable after such motor car comes into Victoria.

(7) Upon— (a) the receipt by the Chief Commissioner of a duly

completed form of nomination of an authorized insurer together with the appropriate insurance premium; or

(b) the furnishing by an authorized insurer to the owner of a motor car of a certificate of insurance—

as provided in the foregoing provisions of this section that owner and that insurer shall be deemed to have entered into a contract of insurance under this Division.

(8) In order to comply with the requirements of this Division a contract of insurance under this Division shall remain in force—

(a) where the motor car is registered—during the period of registration or of renewal or registration (as the case may be);

(a) See section 43 as to certain interstate vehicles carrying insurance.

1958. Motor Car. No..6325 727

(b) where a permit has been granted under Part II. in respect of such motor car—during the period for which the permit is granted;

(c) where a general identification mark has been assigned under this Act by the Chief Commissioner—during the period for which such mark is assigned; and

(d) in any case referred to in sub-section (5) or sub-section (6) of this section—until the expiration of the period of the registration or the permit or the exemption (as the case may be)—

and in the cases respectively referred to in paragraphs (a) (b) (c) and (d) hereof—for seven days longer than each such respective period; and such contract of insurance shall commence—

on the registration or renewal of registration or the granting of such permit or the assignment of such mark or the commencement of the period of the exemption (as the case may be); or

(where it is necessary for the motor car to be driven on a highway for the purpose of being registered or so that such permit may be obtained) immediately before such motor car is so driven:

Provided that— (i) upon the registration or renewal of registration before

the expiration of the said seven days of any motor car to which the contract of insurance relates that contract of insurance shall terminate;

(ii) the termination or expiration of any contract of insurance under this Division shall not affect any liability which has arisen during the period for which the contract of insurance has remained in force; and

(iii) nothing in this sub-section shall be deemed to relieve the owner or the driver of any motor car from any liability in respect of non-compliance with any of the provisions of this Act.

(9) In any case where the foregoing provisions of this section As to cases are inappropriate to enable any owner of a motor car who is SJ^ing required to insure by this Division to enter into a contract of fn

rappropriate. insurance thereunder, such owner shall enter into such a contract in the manner and for a period prescribed by the regulations.

(10) (a) Every contract of insurance under this Division in specjai respect of any motor car shall enure in favour of the owner for to chan o*8

the time being notwithstanding any change in the ownership of ""'" such motor car.

(b) Within two days after the sale or other disposal of any motor car in relation to which there is in force a contract of insurance as aforesaid the former owner shall in the prescribed

ownership.

728 1958. Motor Car. No. 6325

False statement for purpose of effecting contract or insurance.

form give notice to the authorized insurer of the fact of such disposal, of the name and address of the new owner, and of such other particulars as are prescribed.

(11) Any person who for the purpose of effecting a contract of insurance under this Division knowingly makes any statement which is false shall be liable to a penalty of not than One hundred pounds but the contract of insurance shall not thereby be avoided.

As to registration of certain interstate vehicles carry ng insurance. No. 6154 s. 4.

43. Notwithstanding anything to the contrary in section ten or in sub-section (4) of the last preceding section the registration of a motor car may be made or renewed without payment of an insurance premium or delivery of a certificate of insurance pursuant to this Act if there is lodged with the Chief Commissioner a statutory declaration to the effect—

(a) that the motor car is used or intended to be used solely for interstate trade commerce or intercourse ;

(6) that it is registered in another State or Territory of the Commonwealth ; and

(c) that there is in force a contract of insurance in accordance with the law of such State or Territory under which the owner and any driver of such motor car are insured against liability which may be incurred by such owner or driver in respect of the death of or bodily injury to any person caused by or arising out of the use of such motor car in Victoria—

but any registration so made or renewed shall cease to have any force or effect and the motor car shall be deemed unregistered if at any time such a contract of insurance as aforesaid ceases to be in force.

Application of premiums. No. S616 s. 42.

44. (1) From the amount of all premiums received by the Chief Commissioner under this Division there shall be deducted such proportion or amount as is from time to time prescribed in respect of administration expenses and the residue shall at prescribed intervals be paid to the respective authorized insurers nominated by owners in accordance with the foregoing provisions of this Division.

(2) With every payment made to an authorized insurer under this section the Chief Commissioner shall supply a schedule of particulars in the prescribed form sufficient to inform the authorized insurer in relation to every contract of insurance under this Division and represented in such payment of the following matters:—

(a) The separate identifying number assigned under this Act to and the class of the motor car to which the contract of insurance relates;

1958. Motor Car. No. 6325 729

(b) The premium paid in respect thereof; (c) The date of payment of such premium and the period

for which such payment was made; (d) The name and address of the owner; and (e) Such other matters as are prescribed.

(3) (a) The authorized insurer shall as soon as may be Qgjjgffi* after the receipt of such schedule of particulars issue to the issue policy

- r i . i i i . . , of insurance. owner of any motor car to which such contract of insurance relates a policy of insurance.

(b) Such policy of insurance shall— (i) be in accordance with the contract of insurance under

this Division and evidence thereof; and (ii) be in a form approved by the Minister.

45. (1) From the amount of every premium received under Deductions this Division by the Chief Commissioner or by any authorized premiums to insurer there shall be deducted such amount (not exceeding One Su'Eiic"™ shilling and ninepence in respect of each motor car to which the Spies' premium relates) as is prescribed. im!SStalg,n

treatment to (2) In the case of premiums received by the Chief S°rtag

Commissioner the amount so deducted shall be in addition to the l^^byvt proportion or amount required to be deducted under the last arising out of r r , . . . x use of motor preceding section. cars.

No. 5616 s. 43. (3) All amounts deducted pursuant to this section shall—

(a) at prescribed intervals be paid by the Chief Commissioner and the respective authorized insurers to the Treasurer of Victoria; and

(b) be placed to the credit of an account to be established and kept at the Treasury and called the Motor Car (Hospital Payments) Fund.

(4) At the end of each financial year the moneys then standing to the credit of the Fund shall insofar as the same extend be applied for or towards—

(a) firstly, the distribution to such public hospitals as have, with the approval of the Hospitals and Charities Commission given for the purposes of this section, set apart or provided separate accommodation for the treatment of persons suffering fatal or other bodily injuries caused by or arising out of the use of motor cars, of sufficient amounts to meet in respect of that financial year interest and sinking fund payments in respect of capital expenditure incurred in the setting apart or provision of such accommodation and the maintenance expenses in connexion therewith

730 1958. Motor Car. No. 6325

insofar as they have not been met by payments made for treatment afforded to persons suffering such injuries either by authorized insurers pursuant to this Division or other persons pursuant to the Hospitals and Charities Act 1958 ; and

(b) secondly, the distribution among other public hospitals of amounts in respect of expenses incurred during the financial year by such hospitals in affording treatment as aforesaid insofar as such expenses have not been met by payments made for the treatment afforded to persons suffering such injuries either by authorized insurers pursuant to this Division or other persons pursuant to the Hospitals and Charities Act 1958.

(5) The respective amounts to be distributed to public hospitals pursuant to the last preceding sub-section shall be as determined by the Governor in Council after inquiry and report by the Hospitals and Charities Commission.

(6) Nothing in this section and no payment made thereunder shall be deemed in any way to reduce or affect—

(a) any liability under the Hospitals and Charities Act 1958 to a hospital of any person in respect of any maintenance attendance or relief provided by the hospital to a patient; or

(b) any liability under this Division to a hospital of any authorized insurer in respect of treatment afforded to any person suffering fatal or other bodily injury caused by or arising out of the use of any motor car.

(7) In this section " public hospital" means a hospital which is a subsidized institution under the Hospitals and Charities Act 1958.

MA to t>e 46. (1) In order to comply with the requirements of this J33ey. ** Division a contract of insurance under this Division in respect jjoj«6«-|4; of any motor car shall, except as provided in this section, insure

the owner of such motor car and any other person who at any time drives such motor car whether with or without the authority of the owner against any liability (including liability for costs) which may be incurred by that owner or other person in respect of the death of or bodily injury to any person caused by or arising out of the use of such motor car in Victoria and in any other State or any Territory of the Commonwealth.

(2) A contract of insurance shall be deemed to comply with this Division notwithstanding that—

(a) under such contract the liability of the authorized insurer is limited to Two thousand pounds in respect of any claim made by or in respect of any passenger in the motor car to which the contract of insurance

1958. Motor Car. No. 6325 731

relates and to Twenty thousand pounds for all claims made by or in respect of such passengers (and such limits shall be inclusive of all costs in relation to any such claim or claims); or

(6) such contract does not indemnify the owner or the driver of the motor car to which the contract of insurance relates against any liability which may be incurred in respect of the death of or bodily injury to the driver or the owner of such motor car; or

(c) such contract does not indemnify the owner or the driver of the motor car to which the contract of insurance relates against any liability which may be incurred by such owner or driver where such liability arises under an agreement unless the liability is one which would have arisen in the absence of such agreement.

(3) Notwithstanding anything in any Act or any law to the contrary an authorized insurer shall subject to this Division be liable to indemnify the owner and the driver of any motor car to which any contract of insurance under this Division with that insurer relates in respect of any liability for which such contract is required to provide in order to comply with the requirements of this Division.

47. (1) W h e r e - Right ot judgment (a) judgment against the owner or driver of a motor car creSi?ornto

to which a contract of insurance under this Division Insurer where

relates has been entered in respect of the death of i^fST* or bodily injury to any person caused by or arising {^"a under out of the use of that motor car ; and SSiStSied.

(b) the judgment debtor is insured under the contract of tio-56l6t-*5-insurance against liability in respect of such death or bodily injury—

the judgment creditor may recover against the authorized insurer a sum equivalent to the amount (including costs) unpaid in respect of the judgment or the amount to which the liability of the authorized insurer is limited under the contract of insurance, . whichever is the smaller amount:

Provided that— (i) in the event of the judgment debtor being or becoming

bankrupt and the authorized insurer being required to pay to the trustee in bankruptcy the amount of the liability aforesaid the sum recoverable by the judgment creditor against the authorized insurer as aforesaid shall be reduced by the amount so pa id ;

732 1958. Motor Car. No. 6325

(ii) where execution of any such judgment is stayed pending appeal the judgment creditor may not recover as aforesaid against the authorized insurer until the expiration of the period for which execution of such judgment is stayed.

(2) The payment by the authorized insurer of the sum referred to in the last preceding sub-section shall to the extent of such payment be a discharge of—

(a) the liability of the judgment debtor to the judgment creditor; and

(b) the liability (if any) of the authorized insurer to the judgment debtor.

48. (1) Whereto) liability has been incurred by the owner or driver

of any motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor car to which a contract of insurance under this Division relates ; and

(Z>) such owner or driver is insured under the contract of insurance against that liability ; but

(c) such owner or driver cannot after strict inquiry and search be found—

any person who could have obtained a judgment in respect of such death or bodily injury against such owner or driver if he could be found may recover against the authorized insurer a sum equivalent to the amount for which he could have obtained a judgment against the owner or driver or the amount to which the liability of the authorized insurer is limited under the contract of insurance, whichever is the smaller amount:

Provided that such person cannot so recover unless within a reasonable time after he knew that such owner or driver could not be found he gave to the authorized insurer notice of intention to make the claim and a short statement of the grounds thereof.

(2) The inquiry and search made for such owner or driver may be proved orally or by the affidavit of the person who made the inquiry and search.

49. (1) Where the death of or bodily injury to any person is caused by or arises out of the use of a motor car but the identity of the motor car cannot be established any person who could have obtained a judgment against the driver of the motor car in respect of such death or bodily injury may obtain against a nominal defendant to be named by the Minister the judgment which in the circumstances he could have obtained against the driver of the motor car :

Provision for case where owner or driver of car cannot be found. No. 5616 s. 46.

Provision for cases where identity of car cannot be ascertained. No. 56} 6 s. 47.

1958. Motor Car. No. 6325 733

Provided that no such judgment may be obtained unless such person as soon as possible after he knew that the identity of the motor car could not be established gave to the Minister notice of intention to make the claim and a short statement of the grounds thereof.

(2) The nominal defendant shall not be liable to satisfy any judgment obtained against him but the judgment and the nominal defendant's costs shall be paid by authorized insurers at the date of the occurrence out of which the claim arose in proportions determined by the Minister who in so determining shall have regard so far as praticable to the premium income in respect of contracts of insurance under this Division received by each such insurer during the previous financial year.

50. (1) Where— Special provisions in

(a) judgment against the owner or driver of an uninsured ™Jg*j}£|f motor car has been entered in respect of the death motorcars, of or bodily injury to any person caused by or No.56i6s.48. arising out of the use of that motor car ;

(b) such death or bodily injury is one against liability in respect of which the judgment debtor, had there been in force a contract of insurance under this Division relating to such motor car, would have been insured ; and

(c) the judgment debtor does not satisfy the judgment in full within one month after it has been entered—

the judgment creditor may obtain judgment against a nominal defendant to be named by the Minister for a sum equivalent to the amount (including costs) unpaid in respect of the first-mentioned judgment or the amount to which the liability of an authorized insurer might have been limited had there been in force a contract of insurance under this Division relating to such motor car, whichever is the smaller amount:

Provided that where execution of such first-mentioned judgment is stayed pending appeal the time during which such execution is so stayed shall be excluded in calculating the said period of one month.

(2) The nominal defendant shall not be liable to satisfy any judgment obtained against him but the judgment and the nominal defendant's costs shall be paid by authorized insurers at the date of the occurrence out of which the claim arose in proportions determined by the Minister who in so determining shall have regard so far as practicable to the premium income in respect of contracts of insurance under this Division received by each such insurer during the previous financial year.

http://No.56i6s.48

734 1958. Motor Car. No. 6325

(3) The sum paid as aforesaid to satisfy the judgment obtained against the nominal defendant and his costs shall be recoverable by the nominal defendant against the owner or driver of the motor car :

Provided that— (a) it shall be a good defence in any action against the

owner of such motor car if he establishes to the satisfaction of the court that the fact that such motor car was an uninsured motor car was not due to his own default;

(b) in any case where the owner of the motor car is the judgment debtor as aforesaid no sum shall be so recoverable against the driver of the motor car unless judgment could have been obtained against the driver in respect of the death or bodily injury aforesaid ;

(c) it shall be a good defence in any action against the driver of such motor car if he establishes to the satisfaction of the court that at the time of the occurrence out of which such death or bodily injury arose he had or had reasonable grounds for believing that he had the authority of the owner to drive the motor car and that he had reasonable grounds for believing and did in fact believe that the motor car was a motor car in relation to which there was in force a contract of insurance under this Division ;

(d) notwithstanding anything in the foregoing provisions of this sub-section the sum so paid and such costs shall be recoverable by the nominal defendant against, and such defences shall not be available to, the driver (whether or not he is the owner) of such motor car if such driver is convicted of having, at the time of the occurrence out of which the death or bodily injury aforesaid arose, been under the influence of intoxicating liquor whilst driving such motor car.

(4) Any amount recovered by the nominal defendant as aforesaid against the owner or driver of such motor car shall be paid to the authorized insurers aforesaid in the same proportions as such insurers paid to satisfy the judgment and including the nominal defendant's costs as aforesaid.

Wtere owner S I . ( 1 ) W h e r e or driver of x ' SStoJ'Sr ( f l) liability has been incurred by the owner or driver of %£££*" any uninsured motor car in respect of the death NO. 5616 s. 49. of or bodily injury to any person caused by or

arising out of the use of that motor car ; and

1958. Motor Car. No. 6325 735

(b) such liability is one against which such owner or driver had there been in force a contract of insurance under this Division relating to such motor car would have been insured ; but

(c) such owner or driver cannot after strict inquiry and and search be found—

any person who could have obtained a judgment in respect of such death or bodily injury against such owner or driver if he could be found may obtain judgment against a nominal defendant to be named by the Minister for a sum equivalent to the amount for which he could have obtained a judgment against the owner or driver or the amount to which the liability of an authorized insurer might have been limited had there been in force a contract of insurance under this Division relating to such motor car, whichever is the smaller amount:

Provided that such person cannot so recover unless within a reasonable time after he knew that such owner or driver could not be found he gave to the Minister notice of intention to make a claim and a short statement of the grounds thereof.

(2) The inquiry and search made for such owner or driver may be proved orally or by the affidavit of the person who made the inquiry and search.

(3) The nominal defendant shall not be liable to satisfy any judgment obtained against him but the judgment and the nominal defendant's costs shall be paid by authorized insurers at the date of the occurrence out of which the claim arose in proportions determined by the Minister who in so determining shall have regard so far as practicable to the premium income in respect of contracts of insurance under this Division received by each such insurer during the previous financial year.

52. (1) On the happening of any accident affecting an Noticed uninsured motor car and resulting in the death of or bodily injury Stents to any person it shall be the duty of— SSSSfa

(a) the driver as soon as practicable after the accident; be given to v ' r ' Minister.

(b) (where the owner of such motor car was not the No.56i6s.sa driver) the owner as soon as practicable after he first becomes aware of the accident—

to notify in writing the Minister of the fact of the accident with particulars as to the date nature and circumstances thereof.

(2) The owner or driver of any such motor car who fails to notify the Minister as aforesaid shall be liable to a penalty of not more than One hundred pounds :

Provided that it shall be a good defence in any proceedings under this sub-section against the driver if he establishes to the satisfaction of the court that he did not know that such motor car was an uninsured motor car.

http://No.56i6s.sa

736 1958. Motor Car. No. 6325

53. (1) (a) The Minister may appoint some fit person to be the " Incorporated Nominal Defendant" and may remove any such person from such office.

(b) The Incorporated Nominal Defendant and his successors in office shall be and continue to be a body corporate under the name of the " Incorporated Nominal Defendant" and shall by that name have perpetual succession and a common seal and be capable in law of suing and being sued.

(c) Where under this Division the Minister is authorized to name a nominal defendant the Minister shall name the Incorporated Nominal Defendant unless the Incorporated Nominal Defendant has already been named to represent a party in the action or matter in question.

(d) Before appointing any person to the office of Incorporated Nominal Defendant or before naming any person as a nominal defendant the Minister shall consult with such body or bodies as the Minister thinks represents the interests of authorized insurers.

(2) Any amount from time to time necessary to enable a nominal defendant to exercise and perform the functions necessary to be exercised and performed by him under this Division shall subject to the provisions of this Division be paid by authorized insurers in proportions determined by the Minister who in so determining shall have regard so far as practicable to the premium income in respect of contracts of insurance under this Division received by each such insurer during the previous financial year.

54. (1) When during any proceedings instituted in any court any person (other than the Incorporated Nominal Defendant) is a party as a nominal defendant named by the Minister under this Act and such person dies or for any other reason becomes in the opinion of the Minister incapable of continuing as a party the Minister may by writing under his hand name another person to be substituted for such first-named person in the proceedings and the proceedings shall continue in the same manner and in all respects as if the person so substituted had originally been joined as a party and as if all steps theretofore taken by and against the said first-named person in the proceedings had been taken by or against the person so substituted.

(2) The Prothonotary Registrar clerk or other proper officer of any court in which any proceedings referred to in the last preceding sub-section are continuing shall on any such writing under the hand of the Minister being filed in the court make all such alterations to any writ summons or other documents filed in such proceedings as are necessary to give effect to the last preceding sub-section.

Power to appoint Incorporated Nominal Defendant No. 5616 s. 51; No. 5915 s . 4 ( l ) . To be a body corporate.

As to naming of nominal defendants by the Minister.

Selection of nominal defendants by the Minister.

Power to substitute another person lu place of a nominal defendant In certain events. No. 5915 s. 4 (2) (3).

Power of proper officer of court to make necessary alterations to writs. &c.

1958. Motor Car. No. 6325 737

55. Where a judgment for damages is obtained against the owner or driver of a motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of such motor car in Victoria as well as in respect of some other loss or damage the court shall (for the purpose of fixing the liability of any authorized insurer) as part of such judgment adjudge what portion of the amount of the judgment is in respect of such death NO. S6t6 s. 52. or bodily injury and shall direct what portion of and in what manner any costs awarded as part of such judgment shall be apportioned to the portion of the amount awarded in respect of such death or bodily injury.

Apportionment of costs where judgment obtained for payment of damages in respect of death or injury and other loss.

56. (1) On the happening of any accident affecting a motor car and resulting in the death of or bodily injury to any person it shall be the duty of the owner as soon as practicable after such accident or if the owner was not the driver of the motor car at the time of the accident as soon as practicable after he first becomes aware of the accident to notify in writing the authorized insurer of the fact of such accident with particulars as to the date nature and circumstances thereof and thereafter to give all such other information and to take all such steps as the authorized insurer may reasonably require in relation thereto, whether or not any claim has actually been made against the owner on account of such accident.

(2) Notice of every claim made or action brought against the owner or to the knowledge of the owner made or brought against any other person on account of any such accident shall be as soon as practicable thereafter given by the owner to the authorized insurer with such particulars as the authorized insurer may require.

(3) The owner of any motor car shall not without the written consent of the authorized insurer enter upon or incur the expenses of litigation as to any matter or thing in respect of which he is insured under a contract of insurance under this Division nor shall he without such consent make any offer promise payment or settlement or any admission of liability as to any such matter but nothing in this sub-section shall extend to any admission made at the time of the occurance out of which the death or bodily injury aforesaid arose and reasonably attributable to mental stress occasioned by the circumstances or to any statement made to any member of the police force acting in the course of his duty in hearing or receiving such statement or to any statement made or evidence given in or in the course of any proceedings in any court or before any arbitrator.

(4) If the owner without reasonable cause fails to give any notice or otherwise fails to comply with the requirements of tnis section in respect of any matter the authorized insurer shall be entitled to recover from him such amount by way of damages as is reasonably attributable to any such failure.

VOL. VI.—24

Owner to give authorized insurer notics of all accidents affecting motor car and of consequent fictions, &c No. 5616 s. S3.

738 1958. Motor Car. No. 6325

Driver of motor car to give owner or authorized insurer notice of aU accidents affecting motor car and resulting in death or bodily injury, &c. No. S616 s. 54.

Authorized insurer empowered to settle claims, Ac. No. 5616 3. 55.

57. (1) If, at the time of the happening of any accident affecting a motor car to which a contract of insurance under this Division relates and resulting in the death of or bodily injury to any person, the driver of the motor car is not the owner thereof he shall as soon as practicable notify in writing the owner or the authorized insurer of the fact of such accident.

(2) If such driver after notice in writing in that behalf by the authorized insurer without reasonable cause—

(a) fails to furnish the authorized insurer with particulars as to the date nature and circumstances of the accident, and thereafter to give all such information and to take all such steps as the authorized insurer may reasonably require in relation thereto, whether or not any claim has actually been made against such person on account of the accident;

(b) fails to give as soon as practicable to the authorized insurer notice of every claim made or action brought against him, with such particulars as the authorized insurer may require ; or

(c) without the written consent of the authorized insurer—

(i) enters upon or incurs the expense of litigation as to any matter or thing in respect of which he is indemnified under the contract of insurance ; or

(ii) makes any offer promise payment or settlement or any admission of liability as to any such matter—

the authorized insurer shall be entitled to recover from him such amount by way of damages as is reasonably attributable to his failure to comply with the requirements of this section.

(3) Nothing in sub-paragraph (ii) of paragraph (c) of the last preceding sub-section shall extend to any statement made to any member of the police force acting in the course of his duty in hearing or receiving such statement or to any statement made or evidence given in or in the course of any proceedings in any court or before any arbitrator.

58. (1) For the purposes of any contract of insurance under this Division the authorized insurer—

(a) may undertake the settlement of any claim against the owner or against any driver insured under the contract of insurance ;

(b) may take over during such period as it thinks proper the conduct and control on behalf of the owner or such driver of any proceedings taken or had to enforce such claim or for the settlement of any question arising with reference thereto ;

1958. Motor Car. N o . 6325 739

(c) may defend or conduct such proceedings in the name of the owner or such driver and on his behalf and if need be may without the consent of such owner or driver to the extent of the liability of the authorized insurer but no further or otherwise admit liability; and

(d) subject to this Division shall indemnify the owner or such driver against all costs and expenses of or incidental to any such proceedings while the insurer retains the conduct and control thereof.

(2) The owner or such driver shall sign all such warrants and authorities as the insurer requires for the purpose of enabling the authorized insurer to have the conduct and control of any such proceedings.

59. (1) Where the death of or bodily injury to any person is Right of caused by or arises out of the use of a motor car to which a insurers contract of insurance under this Division relates and that motor Snauuforized car was at the time of the occurrence out of which such death drweritlcatod

or injury arose driven by a person without the authority of the No.56i6s.56. owner or without reasonable grounds for believing that he had the authority of the owner then notwithstanding anything in this Division—

(a) such driver shall not be entitled to recover from the authorized insurer any sum on account of any moneys, (including costs) paid or payable by such driver in respect of his liability in respect of such death or bodily injury ; and

(b) any sum paid by the authorized insurer in discharge of such, liability of such driver shall be recoverable by the authorized insurer from such driver.

(2) Where the death of or bodily injury to any person is caused by or arises out of the use of a motor car to which a contract of insurance under this Division relates and the driver of such motor car is convicted of having, at the time of the occurrence out of which such death or bodily injury arose, been under the influence of intoxicating liquor whilst driving such motor car any sum (including costs) paid by the authorized insurer in discharge of the liability of the owner or such driver of such motor car in respect of such death or bodily injury shall be recoverable by the authorized insurer from such driver.

60. (1) Where— Provision for . . , , , , . , payment by (a) any payment is made (whether or not with an }n

3™ri g

ton

admission of liability) by an authorized insurer, certain rases under or in consequence of a contract of Injured insurance under this Division, in respect of the receive death of or bodily injury to any person caused by or arising out of the use of a motor car;

treatment. No. 5616 s. 57.

http://No.56i6s.56


(b) the person who has so died or been bodily injured received treatment at a hospital, whether as an in-patient or as an out-patient, in respect of the fatal or other bodily injury so caused or arising ; and

(c) notice in writing of a claim under this section is made by such hospital to the authorized insurer within three months after the occurrence out of which the death or bodily injury arose—

there shall be paid by the authorized insurer to such hospital the expenses reasonably incurred by the hospital in affording such treatment after deducting from such expenses any moneys actually received by the hospital for such treatment; and the liability (if any)—

of the owner or driver of such motor car in respect of such death or bodily injury ; and

of such authorized insurer to such owner or driver in respect of the contract of insurance—

shall be deemed to be reduced accordingly to the extent of the amount required to be paid by the authorized insurer to the hospital under this section.

(2) The amount to be paid by the authorized insurer to the hospital in respect of any such fatal or bodily injury shall not exceed Fifty pounds for each person so treated as an in-patient or Five pounds for each person so treated as an out-patient :

Provided that in either case the amount to be paid to the hospital as aforesaid shall not exceed one-fifth of the total amount (exclusive of costs) paid by the authorized insurer in respect of such fatal or bodily injury :

Provided further that where a person has been so treated at more than one hospital and the total amount of the expenses reasonably incurred as aforesaid by the hospitals (after making the deductions therefrom as aforesaid) exceeds the amount provided in the foregoing provisions of this sub-section, such amount shall be divisible among the hospitals in the same proportions as the respective expenses reasonably incurred by each hospital as aforesaid (after making the deductions therefrom as aforesaid) bear to each other, and shall be paid by the authorized insurer accordingly.

(3) For the purposes of this section— (a) " hospital" means an institution within the meaning

of the Hospitals and Charities Act 1958 at which medical or surgical treatment for in-patients and out-patients is provided or a hospital registered under the Health Act 1958 ; and

1958. Motor Car. No. 6325 741

(b) "expenses reasonably incurred" means— "Expenses reasonably

( i ) with respect to any hospital which is an facurred" institution within the meaning of the Hospitals and Charities Act 1958 and in relation to a person who receives treatment in a ward to which indigent persons are admitted as in-patients—an amount for each day such person is maintained in such ward which represents the average daily cost per in-patient treated in that hospital based on the average total cost per bed occupied as set forth in the annual report of the Hospitals and Charities Commission last presented to Parliament before the fatal or other bodily injury to such person was caused ;

(ii) in relation to a person who receives treatment as an in-patient in a hospital or part of a hospital used solely for the accommodation of persons classified as intermediate or private patients—such charge for such treatment as is in accordance with the appropriate scale of charges approved by the Hospitals and Charities Commission or (where the hospital is registered under the Health Act 1958) the recognized charge ; and

(iii) in relation to a person who receives treatment at a hospital as an out-patient —reasonable expenses actually incurred.

6 1 . ( 1 ) Where— Payment by insurers to

(a) ( i ) any legally qualified medical practitioner or "acuuoners registered nurse renders, or any registered nurses

, ° , . . ' ,.J ° . , chemists and pharmaceutical chemist supplies surgical bodies dressings medicines or drugs for, emergency ambu'iance" treatment in respect of fatal or bodily injury to any person caused by or arising out of the use of a motor car ; or

services. No. 561<> s. 58.

(ii) the person so injured is immediately after such injury conveyed in any vehicle the property of any body of persons corporate or unincorporate carrying on ambulance services otherwise than for private profit; and

742 1958. Motor Car. No. 6325

" Emergency treatment."

(b) any payment is made (whether or • not with an admission of liability) by an authorized insurer under or in consequence of a contract of insurance under this Division in respect of the death of or bodily injury to such person ; and

(c) notice in writing of a claim under this section is given by such medical practitioner nurse pharmaceutical chemist or body to the authorized insurer within one month after the occurrence out of which the death or bodily injury arose—

there shall be paid by the authorized insurer (as the case may be)—

to such medical practitioner nurse or pharmaceutical chemist an amount (not exceeding in the case of any such person the sum of One guinea together with any travelling expenses reasonably and necessarily incurred) in respect of the emergency treatment so rendered or surgical dressings medicines or drugs so supplied ; and

to such body an amount based on the distance such vehicle is required to travel, at the rate of One shilling and eightpence per mile but not being less than Ten shillings and sixpence in the case of any such person, in respect of the conveyance of such person—

and the liability (if any)— of the owner or driver of such motor car in respect of such

death or bodily injury ; and of such authorized insurer to such owner or driver in

respect of the contract of insurance— shall be deemed to be reduced accordingly to the extent of the amount required to be paid by the authorized insurer under this section.

(2) In this section " emergency treatment" means such medical or surgical treatment or examination by a legally qualified medical practitioner or a registered nurse as is immediately required as the result of any injury as aforesaid.

Prohibition against soliciting for authority to make claims and commence actions. Sec No. 5616 <i. S9.

62. (1) No person shall directly or indirectly for personal gain—

(a) solicit instructions or authority to act on behalf of any other person in respect of the making or commencement of any claim or action for damages for the death of or bodily injury to any person arising out of the use of a motor car or in respect of the negotiation compromise or settlement of such claim or action ; or

1958. Motor Car. No. 6325 743

(b) on behalf of any other person make or commence . or cause to be made or commenced any claim or

action for such damages aforesaid or negotiate settle or compromise any such claim or action when made or commenced.

(2) Paragraph (6) of the last preceding sub-section shall not apply to any solicitor or barrister properly acting in the course of his profession.

(3) Any agreement to pay to any person who contravenes any of the provisions of sub-section (1) of this section any money for work done or services rendered in respect of the matters referred to in the said sub-section (1) shall be void and any money so paid shall be recoverable by action brought in any court of competent jurisdiction by the person who has paid it.

63. Where Provision to action to

(a) the recovery by or against any authorized insurer or "^l^ by a nominal defendant of any sum or amount fij*™*^ or the obtaining of judgment against a nominal 2r dir«:t.cd10

j c J ,. • 5- • J £ ..i-- • £ • • • be paid by

defendant is authorized by this Division ; or this Division, J ' &c.

(b) the payment by any authorized insurer of any sum or No.56i6s.60. amount is directed by this Division—

that sum or amount may be recovered and that judgment obtained by action brought in any court of competent jurisdiction.

64. In any case where— Provision for stay of

(a) an action for the recovery of damages in respect of proceedings ^^ ifi sictiotm lor

bodily injury caused by or arising out of the use damages m of a motor car has been brought in any court by bodily injury any person against the owner or driver of such Suing om°of motor car or the authorized insurer of such motor "«s whe?eor

car or a nominal defendant under this Division ; J^lSS a n d allow medical

examination.

(b) the court or a judge thereof is satisfied that there has No.s6i6s.6i. (whether before or after action brought) been a refusal or neglect without reasonable cause to allow a medical examination of such person after a request on reasonable terms by such owner driver authorized insurer or nominal defendant that such person should be examined, for the purpose of the ascertainment of the nature and extent of the bodily injury sustained by such person, by a legally qualified medical practioner nominated by such owner driver authorized insurer or nominal defendant (as the case may be)—

the court or a judge thereof may make an order on such terms as seem proper that all further proceedings in such action shall be stayed, and they shall be stayed accordingly.

http://No.s6i6s.6i

744 1958. Motor Car. No. 6325

Agreements by next friends, &c, on behalf of infants and persons under a legal disability entitled to damages for bodily injuries caused by use of motor cars. No. 5616 s. 62.

65. (1) Where any person being an infant or a person under a legal disability is or appears to be entitled to recover damages for bodily injury caused by or arising out of the use of a motor car and any parent or guardian or next friend of such person or any person standing in loco parentis to such person or the Public Trustee or the Master of the Supreme Court (as the case may be) believes that the amount of compensation offered or tendered by or on behalf of the owner or driver of such motor car the authorized insurer of such motor car or a nominal defendant under this Division (as the case may be) in respect of such bodily injury is reasonable and adequate having regard to—

(a) the bodily injury sustained; and (b) the probability or otherwise of such infant or such

other person under a legal disability succeeding in any action in recovering damages against such owner driver authorized insurer or normal defendant—

such parent or guardian or next friend or person standing in loco parentis as aforesaid or the Public Trustee or the Master of the Supreme Court (as the case may be) shall be entitled in the name and on behalf of such infant or such other person under a legal disability to enter into an agreement in writing with such owner driver authorized insurer or nominal defendant to accept the amount of compensation so offered or tendered.

(2) Every such agreement— (a) may be lodged with the registrar of the county court

at the sittings nearest or most convenient to the place of residence of such infant or other person under a legal disability ; and

(b) shall, if so lodged, be accompanied by an affidavit made by the parent guardian next friend person standing in loco parentis Public Trustee or Master of the Supreme Court (as the case may be) who entered into the agreement verifying the facts upon which the agreement is based and be supported by such affidavits as are required by the rules made pursuant to this section or by a county court judge.

(3) As soon as may be after lodgment of any such agreement the registrar shall submit it to a county court judge.

(4) No such agreement shall have any force or effect until it has been lodged and approved by order of a county court judge pursuant to this section and any agreement so lodged which is with the consent of the parties thereto approved in an amended form shall be deemed to have been lodged in the amended form.


(5) Every such order shall inter alia make such provision as the judge thinks proper for—

(a) the payment into court of the whole or part of the compensation agreed to be paid; and

(b) the allotment investment payment out of court or other application of the compensation (including moneys arising from investment) for the benefit of such infant or other person under a legal disability but a county court judge may at any subsequent time (whether by way of variation of a former order or not) make such further order with respect to the allotment investment payment out of court or other application of the compensation (including moneys arising from investment) as appears to the judge to be proper having regard to the then existing circumstances.

(6) No such order shall be made unless the judge is satisfied with respect to—

(a) the right of the parent guardian next friend or other person standing in loco parentis or of the Public Trustee or the Master of the Supreme Court to act for the infant or person under a legal disability as aforesaid;

(b) the reasonableness and adequacy in the circumstances of the amount of compensation; and

(c) the genuineness of the agreement.

(7) When an order approving any agreement is made as aforesaid such order shall—

(a) be recorded without fee by the registrar in a special register; and

(b) be enforceable in all respects as if the same were a judgment of the county court.

(8) When such order has been complied with by such owner driver authorized insurer or nominal defendant such owner driver authorized insurer or nominal defendant (as the case may be) shall be released and discharged from all liability to such infant or person under a legal disability (as the case may be) in respect of such bodily injury.

(9) The judges of the county court may make rules for the purposes of carrying this section into effect.

(10) Nothing in the County Court Act 1958 shall be deemed to limit the operation of this section.

(11) Nothing in this section shall apply in any case where any action has been commenced by or on behalf of any infant or person under a legal disability for the recovery of damages for

746 1958. Motor Car. No. 6325

bodily injury caused by or arising out of the use of a motor car in Victoria.

66. (1) Any provision stipulation covenant or condition in any agreement (whether made before or after the commencement of this Act) which negatives limits or modifies or purports to negative limit or modify the operation of the provisions of this Division or of any contract of insurance under this Division shall be void and of no effect.

(2) If there is in force a contract of insurance under this Division relating to a motor car then in any action brought against the owner or driver of such motor car or against any authorized insurer in respect of an accident resulting in th„ death of or bodily injury to any person being at the time of the accident a passenger for reward in such motor car it shall not be a defence that the contract of carriage had negatived limited or modified the liability of the owner or driver of such motor car.

oiiences 67. (1) Any person who contravenes or fails to comply with NO. S6i61.64. any of the provisions of this Division shall where no other penalty

is expressly provided for such contravention or failure be liable to a penalty of not more than Fifty pounds.

(2) All fines and penalties (not including penal premiums) imposed under this Division shall be paid to and form part of the Consolidated Revenue.

68. (1) Every authorized insurer shall in the month of August in each year furnish to the Minister a return (together with three copies thereof) in the prescribed form and verified as prescribed setting forth in respect of the financial year immediately preceding the following particulars:—

(a) The total amount of premiums received during such year by such authorized insurer in respect of contracts of insurance under this Division;

(b) The total amount of claims made during such year against the authorized insurer in respect of such contracts of insurance;

(c) The total amount of payments made during such year by such authorized insurer in respect of such claims;

(d) (i) The number of claims made under this Division by the authorized insurer against owners and drivers of motor cars;

(ii) The reasons for the making of such claims; and (iii) The amounts recovered in respect of such claims; and

Agreements negativing provisions of Division to be void. No. 5616 s. 63.

Contracts of carriage not to limit liability with respect to passengers tor reward.

Information to be furnished by authorized insurer in respect of premiums claims and payments under contracts of insurance. No. 56168.65.

1958. Motor Car. No. 6325 747

(e) Such other information relating to such contracts of insurance as is required to be furnished by regulations made under this Division.

(2) A copy of every such return shall as soon as practicable be laid before both Houses of Parliament.

69. (1) For the purposes of this Division there shall be a Premiums Committee (to be called the "Premiums Committee"). Committee.

No. S616 s. 66.

(2) The Committee shall consist of six members appointed Appointment by the Governor in Council and the Governor in Council may 0? members! remove any member so appointed.

(3) Of the members so appointed— constitution v ' r r of Committee.

(a) one shall be an independent person who shall be appointed as chairman;

(b) one shall be the person for the time being holding the office of Insurance Commissioner under Division two of this Part or a person appointed as representing him;

(c) two shall be persons appointed as representing authorized insurers; and

(d) two shall be persons appointed as representing owners of motor cars.

(4) (a) The members referred to in paragraph (c) of the Mode of last preceding sub-section shall be appointed by the Governor in o ej ™0"' Council after consultation by the Minister with such body or members. bodies as the Minister thinks represent the interests of authorized insurers.

(b) Of the members referred to in paragraph (d) of the last preceding sub-section one shall be appointed by the Governor in Council after consultation by the Minister with the governing body of the Royal Automobile Club of Victoria and one after consultation by the Minister with such other body or bodies as the Minister thinks represent the interests of owners of motor cars.

(5) Subject to this Part the members of the Committee shall Termofoffcs hold office for a term of three years from the date of their representative appointment. members.

(6) If any of such members— vacancies. (a) dies or resigns his office in writing under his hand

addressed to the Governor in Council; (b) is absent from three consecutive meetings of the

Committee except with leave granted by the Committee; or

748 1958. Motor Car. No. 6325

Meetings.

Quorum.

Chairman to preside and have casting vote.

Proceedings of Committee.

Duty of Committee to recommend maximum rates of insurance premiums.

Duty of Committee to investigate returns when directed by Minister.

(c) is removed by the Governor in Council— his office shall thereupon become vacant and the Governor in Council may subject to this Division appoint a person to take the place of the member whose office has become vacant.

(7) Any person so appointed to take the place of a member whose office has become vacant shall hold office for the remainder of the term for which his predecessor was appointed.

(8) The Committee shall meet at such times and places as the chairman of the Committee from time to time appoints: Provided that a meeting shall be called by the chairman at the request of four members of the Committee.

(9) At any meeting of the Committee four members shall form a quorum.

(10) At every meeting of the Committee the chairman of the Committee or in his absence any member elected by the members present to act as chairman of such meeting shall preside and have a second or casting vote.

(11) Subject to any regulations made under this Division the Committee may regulate its own proceedings.

(12) It shall be the duty of such Committee to recommend to the Governor in Council the maximum rates of the insurance premiums and the rates of penal premiums to be prescribed in respect of motor cars for the purposes of this Division.

(13) The Committee shall when so directed by the Minister make an investigation with respect to any return furnished to the Minister by any authorized insurer pursuant to the last preceding section; and for the purposes of such investigation the Committee shall have all the powers conferred by sections fourteen to sixteen of the Evidence Act 1958 upon a Board appointed by the Governor in Council.

Penal rates ot premiums in certain cases No. 5616 s. 67.

70. (1) It shall not be lawful for the owner of any motor car to use it or cause or permit it to be used unless the full amount of the appropriate insurance premium payable in respect thereof has been paid, but failure by an owner to comply with the requirements of this sub-section shall not affect the contract of insurance under this Division.

(2) Every owner who uses any motor car or permits any motor car to be used in contravention of the last preceding sub-section shall be liable to a penalty of not more than One pound for every day on which it is so used and shall also be liable to pay such penal rate of premium as may be prescribed.

(3) Where after an insurance premium has been paid in respect of any motor car an additional premium or penal premium becomes payable in respect thereof, the owner shall forthwith pay


or cause to be paid to the Chief Commissioner or the authorized insurer (as the case may be) such additional premium or penal premium.

71 . (1) The Governor in Council— (a) on the recommendation of the Premiums Committee

appointed under this Division may make regulations for or with respect to prescribing the maximum rates of insurance premiums and the rates of penal premiums to be paid in respect of motor cars for the purposes of this Division; and

(b) may make regulations for or with respect to— (i) applications and notices under this Division; Cii) the form and manner of nomination of

authorized insurers; (iii) the procedure to be adopted on the hearing

of applications by authorized insurers for the suspension or cancellation of licences to drive motor cars;

(iv) ensuring with respect to motor cars that the name of the authorized insurer is indorsed on certificates of registration or renewal of registration and on permits and other documents authorizing the use of motor cars under this Act;

(v) prescribing machinery provisions whereby owners of motor cars which are not registered may enter into contracts of insurance under this Division and the period for which such contracts will remain in force.

(2) Regulations prescribing the maximum rates of insurance premiums payable under this Division—

(a) shall differentiate between different classes of motor cars having regard to the purposes for which they are used or intended to be used and to the fact that such motor cars are used or intended to be used mainly in rural or in urban areas;

(b) (in cases where more than one motor car is owned by the same owner) may provide for progressively diminishing rates of insurance premiums to be paid; and

(c) (in respect of motor cars for which registrations under this Act are not in force and which are in the possession or under the control of any manufacturer of or dealer in motor cars to whom a general identification mark has been assigned under Part

750 1958. Motor Car. No. 6325

II. by the Chief Commissioner) shall be based upon the number of identification plates issued under this Act by the Chief Commissioner in respect of any such general identification mark.

(3) All regulations made under this Division may prescribe penalties of not more than Five pounds for any contravention thereof.

Power to establish a State Motor Car Insurance Office.

DIVISION 2 . STATE MOTOR CAR INSURANCE OFFICE.

72. (1) For the purpose of enabling owners of motor cars to enter into contracts of insurance under Division one of this Part and contracts of insurance generally in relation to motor cars

NO. 56i6 a 69. with the State and of doing all such acts matters and things as are incidental or conducive to the carrying out of such insurance the Governor in Council may by Order published in the Government Gazette constitute and establish a State Motor Car Insurance Office.

The Insurance Commissioner and stall.

Insurance Commissioner deemed to be an authorized insurer.

Deputy Commissioner.

Delegation by Commissioner.

Officers, Ac., under Workers Compensation Act to be officers &c. hereunder.

(2) Such office shall be managed and controlled by a person to be called the Insurance Commissioner who shall be the person who for the time being is the Insurance Commissioner under the Workers Compensation Act 1958 ; and subject to the Public Service Act 1958 such agents officers clerks and persons as are necessary may be appointed to assist the Insurance Commissioner in carrying out his powers functions and duties under this Part.

(3) The Insurance Commissioner shall notwithstanding anything in this Act be deemed to be an authorized insurer for the purposes of this Part.

(4) The Governor in Council may appoint the Deputy Insurance Commissioner under the Workers Compensation Act 1958 to be Deputy Insurance Commissioner under this Part and such Deputy Insurance Commissioner shall manage and contrcl the office during the absence and on behalf of the Insurancc Commissioner and also during the occurrence from any cause of a vacancy in the office of Commissioner and so long as such vacancy continues.

(5) The Insurance Commissioner may from time to time by writing under his hand and subject to the approval of the Governor in Council delegate to the Deputy Insurance Commissioner or to any officer who has been appointed to assist him any of the powers functions or duties imposed or conferred on the Insurance Commissioner by this Part.

(6) All officers clerks and persons appointed under the Workers Compensation Act 1958 or any corresponding previous enactment shall unless the Governor in Council otherwise directs and appoints also act during pleasure in the like respective capacities under this Part.

1958. Motor Car. No. 6325 751

(7) With respect to the offices managed and controlled by the f YrStraUon Insurance Commissioner pursuant to the Workers Compensation of™ffice/a

Act 1958 and this Act the following provisions shall have effect:— wtVken . . . . . , . i , . • < Compensation

(a) All proceedings dealings transactions and accounts ^andtus of or by the Insurance Commissioner relating to each such office shall be performed and kept separately and distinct from and independent of the other office in all respects;

(b) No money belonging to either office shall except as provided in this Part be used for the purposes of the other office;

(c) In no circumstances whatever shall any liability incurred in relation to either of such offices affect the other office or the funds thereof; and

(d) In the accounts of the Insurance Commissioner the outgoings and ordinary expenses of management shall be distributed between the offices in such manner as the Insurance Commissioner subject to the approval of the Auditor-General certifies to be reasonable.

73. (1) All premiums or other moneys received by the gate Motor Insurance Commissioner under this Part shall be paid into an insurance account to be kept in the Treasury to be called the " State Motor ^i6i6s.10t Car Insurance Fund ".

(2) All payments in respect of contracts of insurance under Disburse-this Part by or for the Insurance Commissioner or in respect of the administration of the State insurance provisions of this Act shall be payable out of the said fund.

(3) Subject to this Part the salaries wages or allowances of Recoup of any officers or employes of the public service who are employed Re^nuefor1

in the carrying out of the said provisions shall if paid out of the ci'pubu'c*0" Consolidated Revenue be recouped from the said fund. officers. &c.

74. (1) Every contract of insurance made under this Part by contracts — cu sir suite cd

or for the Insurance Commissioner shall be deemed to be made on by state. behalf of and is hereby guaranteed by the Government of Victoria. No.56i6s.7i.

(2) Such sum as the Treasurer at any time certifies to be required to secure any payment legally payable under and pursuant to any such contract so far only as the same cannot be paid out of the State Motor Car Insurance Fund is hereby appropriated accordingly out of the Consolidated Revenue.

(3) Any sum so appropriated by the Treasurer shall be deemed to be an advance to the State Motor Car Insurance Fund and shall remain a charge thereon to be recouped when funds are available.

752 1958. Motor Car. No . 6325

Appropna- 7 5 . Where at the end of any financial year a profit is disclosed surplus. i n the accounts of the State Motor Car Insurance Office it shall NO. 56i6s. 72. 5 e dealt with as provided in this section—

(a) such portion as the Insurance Commissioner and the Auditor-General deem advisable shall be carried to a reserve fund which shall be invested through the Treasurer in securities of the Government of Victoria or of the Commonwealth of Australia;

(b) any balance may be dealt with as the Governor hi Council directs.

76. (1) The Insurance Commissioner shall in the month of August in each year prepare and transmit to the Minister a balance-sheet and statement of accounts setting forth a true statement of the financial position and the transactions of the State Motor Car Insurance Office for the preceding financial year audited by the Auditor-General, and a copy of such balance-sheet and statement shall be laid before each House of Parliament as soon as practicable.

(2) The Auditor-General shall have in respect of such balance-sheet and statement all the powers conferred upon him by any Act relating to the auditing of the public accounts.

(3) The balance-sheet shall— (a) show a profit and loss account; (b) be in the form required by the Auditor-General; and (c) show separately what sums (if any) have been paid

or set aside for or towards interest reserve fund outstanding claims and unearned premiums.

PART VI.—GENERAL AND SUPPLEMENTARY.

DIVISION 1. GENERAL.

7 7 . ( 1 ) The occupier of every garage or premises where motor cars are repaired for reward shall keep or cause to be kept a register in the prescribed form containing in respect of every motor car to which repairs are effected at such garage or premises—

(a) the make and the registered number of such motor car;

(b) the name and address of the owner of such motor car; and

(c) the date and time of receiving such motor car at such garage or premises.

Annual balance sheet and audit thereof. No. 5616 s. 73.

Occupiers of garages, Ac, to keep register of repairs. No. 5616 s. 74.

1958. Motor Car. No. 6325 753

(2) Such register shall be produced for inspection whenever Production of

demanded by a member of the police force. demnd0"

(3) Every such occupier who— Offences.

(a) fails to keep or cause to be kept such a register; (b) fails to produce such register to a member of the police

force on demand; or (c) makes or causes or permits to be made any false

incorrect or misleading entry in such register— shall be guilty of an offence against this Act.

78. (1) Any owner of a motor car who when required so to Duty of do by a member of the police force acting in the execution of his jXraaufe duty fails to give any information which it is within the power of M^oihh such owner to give with respect to any person (other than such ™ o t o ^ owner, himself) who was the driver of the motor car on any occasion and which may lead to the identification of such person shall be guilty of an offence against this Act.

car. No. 5616 s. 75.

(2) For the purposes of this section "owner" means the "Owner." owner or the person in whose name the motor car is registered at the time when the person with respect to whom the information is sought was the driver of the motor car.

79. (1) Any member of the police force may give such Police reasonable directions to persons driving motor cars upon any No

e<^°^. 1(). highway as are in his opinion necessary for carrying into execution the provisions of this Act or any regulations thereunder.

(2) Any person who disobeys any lawful direction of a Penalty. member of the police force given as aforesaid shall be guilty of an offence and shall be liable for a first offence to a penalty of not more than Five pounds and for a second or any subsequent offence to a penalty of not less than Five pounds and not more than Twenty pounds.

80. (1) Where owing to the presence of a motor car on any put* to ..top • • m • i , i n C3LSC O I

highway an accident occurs— accident. to any person whether on foot or on horseback or in a

vehicle or on a motor cycle or a bicycle; or to any vehicle or horse or cattle or sheep in charge of any

person; or whereby any property is injured or destroyed—

the person driving such motor car shall— (a) stop and render such assistance as he can;

No. 5616 s. 77.

754 1958. Motor Car. No. 6325

(b) give his name and address and also the name and address of the owner and the identifying number of the motor car to—

(i) any person who has been injured or to the owner of any such animal or other property which has been injured; or

(ii) some person representing such injured person or such owner; and

(c) (i) give such names addresses and identifying number to any member of the police force who is present; or

(ii) (if there is no member of the police force present and an accident has occurred to any person as aforesaid) report without delay full particulars at the police station nearest the place where such accident occurred.

Penauy. ( 2 ) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable for a first offence to a penalty of not more than Twenty pounds or to imprisonment for a term of not more than three months and for a second or any subsequent offence to a penalty of not less than Twenty-five pounds and not more than Fifty pounds or to imprisonment for a term of not less than fourteen days and not more than twelve months, and, without limiting the generality of Part III. , upon any conviction for any second or subsequent offence under this sub-section the court shall under that Part either cancel the offender's licence or suspend the offender's licence for such term as the court thinks fit.

DIVISION 2. OFFENCES AND LEGAL PROCEEDINGS. Careless 8 1 . ( 1 ) Every person who drives a motor car on a highway N^I i e s 78- carelessly but in such circumstances that there is no actual danger NO! 5936 ' ' to the public shall be guilty of an offence against this Act and

liable for a first offence to a penalty of not more than Ten pounds and for a second or any subsequent offence to a penalty of not more than Twenty-five pounds.

Aitest. ( 2 ) Any member of the police force may without warrant apprehend the driver of any car who commits an offence under this section within his view if such driver refuses to give his name or address or if the motor car does not bear an identifying number.

Drivers to ( 3 ) Every driver of a car who commits an offence against this fndadSlss. section and refuses to give his name or address or gives a false

name or address or refuses or fails to stop the car when called upon to do so by any member of the police force shall be guilty of an offence against this Act.

1958. Motor Car. No. 6325 765

82. (1) (a) Every person in charge of a motor car on a highway who is apparently under the influence of intoxicating liquor or of any drug may be apprehended without warrant by any member of the police force and charged with an offence against this Act and such motor car may be driven or conveyed to and detained at any police station pending the admission of such person to bail or (where he is not the owner of the motor car) a demand by the owner thereof.

(b) Every person proved to have been under the influence of intoxicating liquor or of any drug while in charge of a motor car to such an extent as to be incapable of having proper control of the motor car shallbe guilty of an offence and liable for a first offence to a penalty of not more than Twenty-five pounds and for a second or any subsequent offence to a penalty of not less than Twenty-five pounds and not more than Fifty pounds or to imprisonment for a term of not less than seven days and not more than one month, and, without limiting the generality of Part III., upon any conviction for any second or subsequent offence under this sub-section occurring within two years of the last prior conviction, the court shall under Part III. either cancel the offender's licence or suspend the offender's licence for such term as the court thinks fit.

(c) For the purposes of this sub-section a person shall not be deemed to be in charge of a motor car unless he is attempting to start or drive the motor car or unless there are reasonable grounds for the belief that he intends to start or drive the motor car.

(2) In this section " drug " means any narcotic or dangerous drug within the meaning of the Poisons Act 1958.

Arrest of persons under influence of liquor or drug while in charge of motor vehicles. No. 5616 s. 79; No. 5936 s .3 (5> .

Penalty.

1 Drug."

83. (1) Where a motor car on any highway emits except from Excessive some temporary or accidental cause smoke or visible vapour or ^smli" °nc

any offensive noise or smell of such a quantity or extent as to be olTence-an annoyance or danger to the public, the owner and the driver No-5616si

of such car shall each be guilty of an offence against this Act.

(2) If a motor car is used on a highway for purposes of Prohibition racing or of trial of speed the driver or the person in charge racing and

thereof shall be liable to a penalty of not more than Fifty pounds: onehigi.wdays.

Provided that this sub-section shall not apply to a motor car used as aforesaid on any highway or portion thereof specified by Order in Council published in the Government Gazette and on such days and during such hours as are specified in the Order.

84. Every person who forges or fraudulently alters or uses or Forgery, &c fraudulently lends or allows to be used by any other person any ?jf0n

dmnarkCor identifying number or general identification mark or licence under ^en^; this Act shall be guilty of an offence against this Act. No. 5616 s. 81.

756 1958. Motor Car. No. 6325

85. Any person who— (a) by any false statement or any misrepresentation obtains

or attempts to obtain any licence or registration or the renewal of any licence or registration under this Act; or

(b) without lawful authority or excuse has in his possession any licence or certificate of registration or renewal so obtained—

shall be guilty of an offence against this Act; and any licence or any certificate of registration or renewal so obtained shall be void and of no effect.

86. Any person who— (a) without the permission in writing of the Chief

Commissioner alters or defaces any number on the engine of any motor car purporting to be the number of such engine; or

(b) places on the engine of any motor car any number purporting to be the number of such engine without previously forwarding to the Chief Commissioner a notice in writing stating that a number is to be placed on such engine and containing particulars of such number and the registered number of such motor car—

shall be guilty of an offence against this Act.

Procuring use 87. Every person who procures the use or hire of any motor by fraud'.car car by fraud or misrepresentation or who aids or abets any such No. 56i6 s. 84. person shall be guilty of an offence against this Act.

88 . Any person who offers or holds himself out as willing to attend or take care of any motor car left or to be left standing in any highway or public place in any municipal district shall unless he is employed or authorized in writing so to do by the council or by an officer of the council duly authorized in that behalf be guilty of an offence against this Act.

offences. 89 . (1 ) Every person who acts in contravention of any of the No. 5616 s. 87. provisions of this Act or any regulation thereunder shall for every

such contravention be guilty of an offence against this Act.

Penalty. (2 ) A person guilty of an offence against this Act for which no special penalty is provided shall be liable in respect of each offence to a penalty of not more than Ten pounds or in the case of a second or subsequent conviction to a penalty of not more than Twenty-five pounds or to imprisonment for a term of not more than three months.

Obtaining licence or registration by false statements, &c. No. 5616 s. 82.

Alteration defacing or placing of numbers on engines of motor cars. No. 5616 8. 83.

Unauthorized parking attendants tor motor cars. No. 5616 s. 86.

1958. Motor Car. No. 6325 757

90. (1) Any member of the police force or the clerk of any Power to municipality or any officer appointed either generally or in any ^Tssws 88-particular case in writing by the mayor or president of such N°-5932sis." municipality or any officer of the Transport Regulation Board authorized in that behalf by the Board whether generally or in any particular case may prosecute for any breach of or offence against this Act or the regulations.

(2) Without affecting any other power or authority to prosecute any persons for contraventions of the provisions of this Act or the regulations any officer of the Country Roads Board appointed for the purpose either generally or in any particular case in writing by the chairman of the said Board may prosecute for any breach of or non-compliance with or other contravention of any of the provisions of Division two of Part IV. when such breach non-compliance or other contravention takes place or is alleged to have taken place on any State highway main road tourists' road or forest road within the meaning of the Country Roads Act 1958.

9 1 . ( 1 ) Fo r the purposes of any prosecution under this Act Evidence of the weight carried on any axle of a motor car or trailer aS earned on determined by any prescribed device shall (after due allowance JSoto°fcaror of the prescribed limits of e r ror ) be prima facie evidence of such traUer-

• . * i l l No. 5616 s. 89.

weight. (2) Without prejudice to any other method of determining the Calculation

weight of a motor car or of the load thereof or of both, the °cfad

eo?1£otor weight of the load of any motor car carrying passengers may for crying the purposes of this Ac t be calculated on the basis that the weight passeneers. of sixteen adult passengers is one ton.

92. In any proceedings for offences against this Act or the Proof of. regulations— toSdcwSSty.

(a) where it is necessary to prove that any motor car or &c.ners Pl

trailer was or was not registered or that any person No 56t6s.9o. was or was not licensed to drive a motor car on a certain date or for a certain period or that the licence of any person to drive a motor car was suspended during any period including a certain date or any other matter which appears in or can be calculated from the records kept in the Motor Registration Branch, a certificate in the prescribed form signed or purporting to be signed by the officer in charge of the Motor Registration Branch or his deputy setting out that such motor car or trailer was or was not registered or that such person was or was not licensed to drive a motor car on that date or for or during that period or that the licence

758 1958. Motor Car. No. 6325

of such person was suspended during such period or such other matter shall be prima facie evidence of the facts stated therein;

(b) where it is necessary to prove the load capacity of any motor car shown in the certificate of registration of such motor car, a certificate in the prescribed form signed or purporting to be signed by the officer in charge of the Motor Registration Branch or his deputy setting out the load capacity of such motor car shall be prima facie evidence of the load capacity shown in the certificate of registration of such motor car ;

(c) a certificate in the prescribed form signed or purporting to be signed by the officer in charge of the Motor Registration Branch or his deputy setting out that on the date any offence is alleged to have taken place any motor car or trailer was registered in the name of any person shall be prima facie evidence that on such date such person was the owner of such motor car or trailer.

DIVISION 3 . REGULATIONS.

93. (1) The Governor in Council may make regulations for or with respect to—

(a) the use of motor cars trailers fore-cars and side-cars and gas producers fitted to or on motor cars and their construction or the construction of the machinery engine or wheels or other parts thereof and the conditions under which cars may be used ;

(b) facilitating the identification of motor cars trailers fore-cars or side-cars and in particular for or with respect to—

(i) determining and regulating the size shape and character of the identifying number and the mode in which it shall be fixed and rendered easily distinguishable whether by night or by day ;

(ii) the registration thereof and the entry of particulars including particulars of ownership in the register and the giving of those particulars ;

(iii) entering in the register any change of ownership ;

(iv) the cancellation of any registration, or the continuation of the registration under new ownership ;

Regulations. No. 5616 s. 91; No. 5641 s. 2 (2 ) . No. 5983 S . 2 ( l ) .


(v) making any particulars contained in the register available for use by the police ; and

(vi) making any registration void if the regulations as to registration or change of ownership are not complied with ;

(c) preventing or minimizing noise from the action or working of the machinery or engine of any motor car, whether by the use of a recognized silencer or otherwise, or for preventing or minimizing smells from any motor car ;

(d) the issue of appropriate licences to drivers of motor cars and applications for such licences ;

(e) prescribing the kind or kinds of instruments required to be carried on motor cars as warning instruments ;

(/) portable mechanical devices for determining the gross weight carried by any one or more tires or axles on any motor car or trailer and in particular for or with respect to—

(i) prescribing what such devices may be used ; (ii) the testing of such devices for the purpose

of ascertaining the accuracy and efficiency thereof ;

(iii) the limits of error to be allowed in such devices when tested and re-tested ;

(iv) the method of use of such devices ;

(g) regulating the methods of loading and securing of loads carried on motor cars and trailers ;

(h) the temporary registration in Victoria of motor cars owned by persons resident outside Victoria ;

(i) drivers of such motor cars ;

(/) the issue of different types of number-plates for different classes of motor cars ;

(k) declaring the weight by measurement of any specified descriptions or classes of goods carried on motor cars ;

(/) the prohibition or restriction of the driving of any motor cars or of any special kind of motor cars on any specified highway or part of a highway on which ordinary motor car traffic would in the opinion of the Governor in Council be especially dangerous ;

760 1958. Motor Car, No. 6325

Generality or otherwise of regulations.

Effect of regulations.

Inconsistent by-laws.

Publication.

(m) providing for the insertion in every certificate of registration or renewal of registration of a motor car of a notation of the maximum weight of the motor car allowed pursuant to this Act and of the load (if any) that may be carried thereon ;

(n) providing for the proper conduct of the business of the State Motor Car Insurance Office ;

(o) prescribing such forms as are necessary or expedient for the administration of this Act (and all such forms or forms to the like effect shall be sufficient in law) ;

(p) generally, any matters whatsoever necessary or desirable for the purpose of giving effect to this Act.

(2) Regulations under this Act may be of general application or may be limited to a particular area, and may on the application of any council prohibit or restrict the use in its district of motor cars in crowded highways or in other places where such use may be attended with danger to the public.

(3) Subject to the Road Traffic Act 1958 all regulations under this Act shall have full force and effect notwithstanding anything in any Act relating to local government or any other Act or by-law or regulation under any such Act.

(4) In any by-law made by a council under any Act any provision which is inconsistent with this Act or any regulation hereunder shall whether made previously or subsequently to this Act or such regulation be deemed to be of no force or effect whatever.

(5) All regulations made under this Act shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after they have been made if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of such regulations shall be posted to each Member of Parliament.

1958. Motor Car. No. 6325 761

SCHEDULES.

FIRST SCHEDULE. Section 2

Number of Title of Act. Extent of Repeal.

5616 . . Motor Car Act 1951 So much as is not already repealed

5641 . . Motor Car (Amendment) Act 1952 . . The whole 5744 . . Motor Car (Visiting Cars and Drivers)

Act 1953 The whole

5751 . . Motor Car (Fees) Act 1953 The whole 5753 . . Statute Law Revision Act 1953 Item in Schedule

referring to Motor Car Act 1951

5791 . . Country Roads and Level Crossings Funds Act 1954

Section 3

5915 . . Motor Car (Amendment) Act 1955 The whole 5932 . . Motor Car (Road Safety) Act 1955 . . The whole

5936 . . Crimes (Driving Offences) Act 1955 . . So much as is not already repealed.

5945 . . Motor Car (Third Party Insurance) Act 1956

The whole

5971 . . Motor Car (Registration Fees) Act 1956 The whole 5983 . . Road Traffic Act 1956 In section 2 (1) the

expression " P a r a graphs (d) (e) (f) (i) and (/) of sub-section (1 ) and paragraph (b) of sub-section ( 3 ) of section ninety-one of the Motor Car Act 1951 "

6022 . . Motor Car (Driving Licences) Act 1956 So much as is not already repealed

6038 . . Motor Car (Fees) Act 1956 So much as is not already repealed.

6112 . . Statute Law Revision Act 1957 Item in Schedule referring to Motor Car Act 1951

6149 . . Motor Car (Registration Fees) Act 1957 The whole 6154 . . Motor Car (Amendment) Act 1957 The whole

SECOND SCHEDULE. Sections 6, 8.

No. 6038, s. 2. No. 6149 s. 2.

METHOD OF DETERMINING POWER-WEIGHT UNITS. N O J 6 1 6

1. (a) The number of power-weight units for a motor car is that number f§£2dule-which is equal to the sum of the horse-power and the weight in hundredweights No. 597i's. 2, of the motor car unladen and ready for use. " ' "

For example: in the case of a motor car of 20 horse-power weighing 30 hundredweight, the number of power-weight units is 50.

(b) For the purposes of this Schedule—

(i) an unladen motor car or trailer means a motor car or trailer in ordinary running condition and not carrying any person luggage or freight;

(ii) the weight of any motor car or trailer shall be calculated to the nearest hundredweight.


SECOND SCHEDULE—continued.

2. (a) The horse-power of a motor car propelled by any internal combustion engine shall be determined by squaring the measurement in inches of the internal diameter of the cylinders of the engine and multiplying the number so found by the number of cylinders and dividing the product by 2-5.

(6) The horse-power of a motor car propelled by electricity steam gas oil or any other power (except an internal combustion engine) shall be the horse-power as indicated or certified by the manufacturer of the motor car or as declared by statutory declaration of the owner.

FEES ON THE REGISTRATION OR THE RENEWAL OF THE REGISTRATION OF MOTOR CARS AND TRAILERS.

A.—Motor cycles— For any motor cycle (without a trailer fore-car or side-car

attached) of whatever horse-power . . . . . . £1 10 0 For any motor cycle (with a trailer fore-car or side-car

attached) of whatever horse-power . . . . . . £ 2 5 0 B.—Motor cars other than motor cycles—

(a) For a motor car licensed as a commercial passenger vehicle in accordance with the Transport Regulation Act 1958 solely to operate on a specified route wholly within the metropolitan area as defined in the Transport Regulation Act 1958 . . . . £7 10 0

(6) For a motor car used for carrying passengers for hire (and not licensed as aforesaid) or used for carrying goods foi hire or (except as provided in paragraph (c) under this heading B.) in the course of trade (unless the only goods so carried in the course of trade are samples for inspection by prospective purchasers and not for sale)—

(i) if the motor car has less than six wheels and is fitted entirely with pneumatic tires or with resilient wheels approved by the Minister and—

is less than two tons in weight unladen: For each power-weight unit . . £0 6 0

is two tons and less than three tons in weight unladen: For each power-weight unit . . . . £ 0 7 6

is three tons or exceeds three tons in weight unladen: For each power-weight unit . . £ 0 9 0

(ii) if the motor car has less than six wheels and is not fitted entirely with pneumatic tires or with resilient wheels approved by the Minister and—


is two tons and less than three tons in weight unladen: For each power-weight unit . . £0 10 3

is three tons or exceeds three tons in weight unladen: For each power-weight unit . . . . . . £0 13 3

(iii) if the motor car has six wheels or more and is fitted entirely with pneumatic tires or with resilient wheels approved by the Minister and—



is three tons or exceeds three tons in weight unladen: For each power-weight unit . . . . . . . . £ 0 8 3

1958. Motor Car. . No. 6325

SECOND SCHEDULE—continued. (iv) if the motor car has six wheels or more and is

not fitted entirely with pneumatic tires or with resilient wheels approved by the Minister and—



is three tons or exceeds three tons in weight unladen: For each power-weight unit . . . . £0 10 3

(c) If the Chief Commissioner is satisfied by statutory declaration or such other evidence as he requires that—

(i) any motor car constructed for the carriage of goods is owned by one or more primary producers; and

(ii) the motor car is used— solely in connexion with the business of any

of such primary producers as such; or solely in connexion with such business and

for the carriage (otherwise than for hire or reward) of passengers or goods or both passengers and goods—

the fee shall be at the following rate:— If tht motor car has less than six wheels and is fitted

entirely with pneumatic tires or with resilient wheels approved by the Minister: For each power-weight unit . . . . £ 0 3 9

If the motor car has less than six wheels and is not fitted entirely with pneumatic tires or with resilient wheels approved by the Minister: For each power-weight unit . . . . £ 0 8 0

If the motor car has six wheels or more and is fitted entirely with pneumatic tires or with resilient wheels approved by the Minister: For each pcwer-weight unit . . . . £ 0 3 0

If the motor car has six wheels or more and is not fitted entirely with pneumatic tires or with resilient wheels approved by the Minister: For each power-weight unit . . . . . . £ 0 7 3

but where (apart from motor tractors) more than one motor car is so owned and used the rate provided in this paragraph (c) shall be applicable only to one such motor car.

(rf) For a motor car or a motor tractor which is the property of any municipality and marked so as to indicate the ownership thereof . . . . . . . . £1 10 0

(e) For a motor car or motor tractor which— (i) is the property of the trustees or committee of

management of lands under the Land Act 1958; (ii) is marked so as to indicate the ownership thereof;

and (iii) is used exclusively in connexion with the

management and care of such lands . . £1 10 0 (/) For all other motor cars: For each power-weight unit . . £0 4 6 (g) Notwithstanding anything in the foregoing paragraphs

under this heading B. the minimum fee for any motor car other than a motor cycle shall (except in the case of paragraphs (d) and (e) under this heading B.) be Four pounds ten shillings.


SECOND SCHEDULE—continued.

C.—Trailers (not being trailers owned by a municipality and marked so as to indicate such ownership) attached to motor cars (other than motor cycles)—

For any such trailer fitted entirely with pneumatic tires and— (i) not exceeding one ton in weight unladen £1 10 0 (ii) exceeding one ton but not exceeding two tons in

weight unladen . . . . . . £ 2 5 0 (iii) exceeding two tons in weight unladen . . . . £ 3 0 0

For any such trailer fitted with one or more tires other than pneumatic tires and—

(i) not exceeding one ton in weight unladen £3 0 0 (ii) exceeding one ton but not exceeding two tons in

weight unladen . . . . . . . . £4 10 0 (iii) exceeding two tons in weight unladen . . . . £ 6 0 0

THIRD SCHEDULE.

Distance between Axles. Maximum Permissible

Gross Weight

Tons Cwt.

13 0 15 0 15 8

15 17 16 6 16 14 17 3 17 11

17 19 18 8 18 16 19 4 19 12

20 0 20 8 20 16 21 4 21 12

Exceeding 40 inches and not exceeding 8 feet Exceeding 8 feet and not exceeding 9 feet Exceeding 9 feet and not exceeding 10 feet

Exceeding 10 feet and not exceeding 11 feet Exceeding 11 feet and not exceeding 12 feet Exceeding 12 feet and not exceeding 13 feet Exceeding 13 feet and not exceeding 14 feet Exceeding 14 feet and not exceeding 15 feet






21 19 22 7 22 15 23 3 23 10

23 18 24 5 24 13 25 0 25 7

25 14 26 2 26 9 26 16 27 3


THIRD SCHEDULE—continued.

Distance between Axles. Maximum Permissible

Gross Weight.



Tons Cwt.

27 10 27 17 28 4 28 10 28 17

29 4 29 11 29 17 30 4 30 10

no. 6325. motor car act 1958. an act to consolidate the law relating to motor … · ·...

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