MOTOR VEHICLES INSURANCE ACTS AMENDMENT ACT of 1945, 9 Geo. 6 No. 27

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1 125 TRAFFIC PRELIMINARY NOTE Motor Vehicle Driving Instruction School Act Motor Vehicles Insurance Act Tolls on Privately Constructed Road Traffic Facilities Act of Traffic Act MOTOR VEmCLE DRIVING INSTRUCTION SCHOOL ACT 1969, No. 21 I-PRELIMINARY 1. Short title and commencement of Act Arrangement of Act Interpretation Act inapplicable in certain cases 138 II-REGISTRATION OF DRIVING INSTRUCTION SCHOOLS 5. Application for registration Particulars to be registered Duration of registration and renewal Conduct of unregistered school and misrepresentation prohibited 139 III-INSTRUCTOR'S LICENCE 9. Application for licence Grant of licence Authority of licence Duration and renewal of licence Imposition of conditions on licence Professional driving instruction to be given under licence 141 IV-REGULATION OF LICENSEES AND DRIVING INSTRUC- TION SCHOOLS 15. Register of licences Instructor's licence dependent upon driver's licence Obligations of holder of instructor's licence Motor vehicles to comply with requirements of law Regulation of registered driving instruction schools Discretionary cancellation, etc., of licence V-APPEALS FROM COMMISSIONER'S DECISIONS 21. Person aggrieved may appeal against determination of Commissioner Appeal tribunal Secretary to appeal tribunal Procedure on appeal Venue and nature of appeal Determination of appeal Effect of appeal and of determination thereof 146 VI-GENERAL PROVISIONS 28. Power to delegate Evidentiary value of records Service of writings under Act Offences and penalty Indemnity to persons administering Act Regulations Procedural provisions re regulations 149

2 126 TRAFFIC Vol. 19 MOTOR VEHICLES INSURANCE ACT Short title and commencement of Act Definitions (1) Insurance by owners of motor cars 153 (2) [Person in charge of motor vehicle deemed to be authorised agent of owner] 154 (2A) [Workers' compensation] 154 (3) Minimum amount of insurance (4) Contract of insurance not to be revokable 154 (5) Special provisions in respect of change of ownership 156 4A. Liability of insurers B. Apportionment of costs 158 4c. Medical examination of injured person The corporation of The Nominal Defendant 159 4E. Motor Vehicle Insurance Nominal Defendant Fund 160 4F. Claims in respect of uninsured and unidentified vehicles Recovery from owner or driver 165 4H. Prohibition against soliciting for authority to make claims and commence actions, etc Offences (1) Contracting out of liability prohibited (2) Saving of common law liability Saving of" The Criminal Code" Saving of certain Acts 167 ~ 1~ 9. (1) Regulations 168 Collection of insurance premiums 168 Duty of insured person to report accidents 168 Application and distribution of moneys received under policies Form of policy of Office Forms of contracts of insurers 168 Rates of premium 169 Returns and notices 169 Generally (2) Regulations may be made on the passing of this Act (3) May fix penalty Regulations to form part of this Act [Repealed] 12. Actions for damages Construction Claims in respect of certain insurers A. Extension of s. 14 to certain claims Club Motor Insurance Agency Pty. Limited 174 MOTOR VEHICLES INSURANCE ACTS AMENDMENT ACT of 1945, 9 Geo. 6 No Short title and construction Collective title.. 2. (I) [Not reprinted] (2) Construction of contracts 3. [Not reprinted] 4. Validation of regulation

3 TRAFFIC 127 MOTOR VEHICLES INSURANCE ACTS AMENDMENT ACr 1968, No.4 1. (1) Short title (2) Principal Act 176 (3) Collective title Commencement of Act [Not reprinted] 13. Terms, etc., deemed to be in existing contracts 176 MOTOR VEHICLES INSURANCE ACT AMENDMENT ACT 1969, No Short title and citation 2. [Not reprinted] 3. Protection of liquidator TOLLS ON PRIVATELY CONSTRUCTED ROAD FACILITIES ACT of 1931, 22 Geo. 5 No. 14 TRAFFIC 1. (1) Short title (2) Commencement of Act Interpretation Governor in Council may authorise person to construct road traffic facility and to levy and collect tolls Procedure in respect of proposal for road traffic facility S. Minister may require security (1) Powers of Governor in Council 181 (2) Additional terms and conditions to be binding 181 (3) Further powers of Governor in Council 181 Duration of period 181 Maximum of tolls 181 Exemptions 181 Method of collecting tolls 182 Site and nature of road traffic facility 182 Payment by owner of cost of information 182 Payment of costs of inspection, etc. 182 Amounts and recovery from owner 182 Time of commencement of construction 182 Security 182 Penalties 182 Cesser of rights of road traffic facility by owner 182 Notice by Governor in Council 182 Limitation of compensation 183 Generally (4) Further provisions re duration of franchise period 183 (5) Publication of Orders in Council in Gazette, and effect of same., (1) On confirmation of acceptance, confirmation, etc., to be notified in Gazette 185 (2) Person notified in Gazette to be person authorised to construct and maintain road traffic facility (1) Owner to submit plans, etc., of proposed road traffic facility 186 (2) Powers of Commissioner 186 (3) Approval by Commissioner to be notified to Governor in Council 186 (4) Owner authorised to proceed with the construction subject to terms of Order in Council 186 (5) Provision as to tidal waters, etc. 186 Saving of Harbour Boards Acts and Navigation Acts

4 128 TRAFFIC Vol. 19 ToOs OD Privately Constructed, etc., Act--continued 9. (1) Minister to give owner possession of Crown land for purposes of construction of road traffic facility (2) Publication of description of land 187 (3) Powers as to additional lands 187 (4) Owner deemed a constructing authority under Public Works Land Resumption Act 187 (5) Effect of failure of owner to acquire lands 187 (6) Duty of owner to transfer acquired lands to Crown (1) Inspection of construction of road traffic facility 188 (2) Commissioner may give certain directions as to carrying out work 188 (3) Owner to obey directions, etc., of Commissioner 188 (4) When road traffic facility ready for traffic 188 Commencement of franchise period (1) Computation of fair original cost of road traffic facility 188 (2) When matter referred to arbitration 189 (3) When appeal lies to Land Court Additional construction during the franchise period (1) Right of person to use road traffic facility 192 (2) Owner not to give undue preference or advantage 192 (3) Section to be read subject to Order in Council (1) Duty of owner to maintain and keep road facility fit and ready for traffic 192 (2) Power of Commissioner to direct owner to carry out renewals, etc. 192 (3) Notice of any such direction to be served on the owner 193 (4) Effect of neglect on the part of owner to comply with direction of the Commissioner 193 (5) Commissioner may carry out renewals, etc., so directed 193 (6) Recovery of costs, charges, and expenses Employment of persons resident in Queensland for six months (1) Further powers of Commissioner where road traffic facility unsafe (2) Penalty (1) Owner to accept liability 194 (2) Crown or Local Authority not liable for damages, etc. 194 (3) Owner deemed to have liabilities of Local Authority Owner to erect notices of lists of charges (1) Power to call upon owner to cease the exercise by the owner of the right to levy and collect tolls 194 (2) Compensation 194 When matter to be submitted to arbitration 197 Vote of Local Authority electors Duty of owner as to construction 198 Failure of owner to have road traffic facility ready within the specified time Objection by owner to decision of Commissioner Further provisions in respect of neglect, etc., of owner Power to transfer rights, etc., with approval of Governor in Council Area of land not to be rateable land 200

5 TRAFFIC 129 ToU'l on Privately Constructed, etc., Act-continued 25. (1) Governor in Council to declare limits in respect of distance or areas 200 (2) Power of Governor in Council to submit question of road traffic facility to Board 200 (3) Functions and powers of Board 201 (4) Power of owner to submit question to Board (5) Special provision as to bridges over the Brisbane River 202 (6) Further provisions as to limit of jurisdiction of Board 202 (7) Road traffic facility across Tingalpa Creek 202 (8) Further provisions as to Board (9) Provisions not to apply to bridge, etc., of Commissioner for Railways On cesser of owner's rights, road traffic facility to become property of Crown Provisions as to vesting road traffic facility in Local Authority Commissioner may authorise survey work, etc Moneys from penalties, etc., to go to Main Roads Fund Requirements of design of road traffic facility Insolvency or bankruptcy of owner By-laws Recovery of penalties generally 207 TRAFFIC ACT I--PRELIMINAR Y 1. (1) Short title (2) Commencement of Act 2. Construction of Act 3. Parts of Act 4. Repeals and savings 5. (1)-(4) Effect of Act on the functions, etc., Authorities.. (5) [Not reprinted] of Local (6) Power to control certain traffic and obstructions in roads vested in Local Authority (1) [Not reprinted] (2) 5 Geo. 5 No. 28 not to affect this Act Saving of 10 Geo. 5 No. 26 and amending Acts 215 7A. (1) Advisory committee 216 (2) [Repealed] (3) Delegation by Commissioner of Main Roads Act to apply to privately constructed road traffic facilities and tramways on roads Interpretation II-ADMINISTRATION 10. Administration of Act District Superintendents and Superintendents of Traffic Power of Commissioner to delegate 229 IlA-OFFlCIAL TRAFFIC SIGNS 12A. Definitions B. (1) Commissioner of Main Roads may install official traffic signs 230 (2) Local Authority may install official traffic signs

6 130 TRAFFIC Vol. 19 Traffic Act continued 12c. Notice to install or remove an official traffic sign 120. Installation of official traffic signs in case of danger 12E. Obstruction of prescribed officer and destruction official traffic signs to be an offence Ill-DRIVING OF MOTOR VEHICLES AND OTHER VEHICLES AND ANIMALS 13. Application of this Part III Issue and renewal of drivers' licenses A. Traffic Engineering Trust Fund Driving of motor vehicle without a drivcr's license prohibited 237 Penalty for offence by disqualified person Drivers under influence of liquor or drugs A. Provision, as respects alcohol, for breath tcsts and for laboratory tests for evidentiary purposes 242 Laboratory tests B. Cancellation of provisional license Careless driving of motor vehicles Dangerous driving of vehicles (other than motor vehicles), etc Racing and speed trials on roads Disqualification of drivers of motor vehicles for certain offences Power to disqualify person from holding or obtaining driver's license though acquitted of certain indictable offences Power to disqualify person from holding or obtaining driver's license though complaint dismissed Commissioner to be advised of persons disqualified from holding drivers' licenses, etc Reference to certificate of competency in s. 40 (2) of II Geo. 6 No. 17 and s. 328c of The Criminal Code 253 of F. Contravention of or failure to comply with an official traffic sign to be an offence G. Unlawful installation of official traffic signs H. Injury to official traffic signs r. Application of Part IIA J. [Repealed] IV-OFFENCES IN RELATION TO PUBLIC TRANSPORT [Repealed] 30. Offences by persons using licensed vehicles, tramcars, etc. 253 V-ROAD INCIDENTS 31. Duties and liabilities of drivers involved in road im;ident~ [Repealed] 33. Members of the Police Force may make inquiries, etc., into certain road incidents Scheme to facilitate supply of information as to road incidents VI-POWERS, FUNCTIONS, AND DUTIES OF MEMBERS OF THE POLICE FORCE 35. General powers, functions, and duties of Police. 36. Obstruction, etc., of members of the Police Force 37. Diversion of traffic

7 TRAFFIC 131 Traffic Act ~ontinued 38. [Repealed] 39. Driver to stop and supply name, etc., when required [Repealed] 41. Power to require information respecting identity of drivers of vehicles, etc General power of arrest without warrant Power of entry (l)-{6) Police may take charge of vehicles, etc., in certain cases 261 (7) Power to remove and dispose of abandoned vehicles vested in Local Authorities 263 VIA-REGULATED PARKING 44A. Owner B. Parking 265 Traffic Areas 266 Regulated parking 267 Powers of Local Authority c. When metered parking permitted Offences in metered parking E. Owner responsible for offence 271 Evidence of ownership F. Notice of alleged offence Prosecution for breach 273 Answer to complaint H. Liability for offences in respect of regulated parking Offences J. Agreement with Local Authority on costs of administrati= D5 44K. [Repealed] 44L. Parkatarea parking M. Emergent control of parking in Traffic Area 277 VJ]-PROCEEDINGS AND EVIDENCE 45. (1) Offences 277 (2) General penalty 277 (3) Summary proceedings 277 (4)-(7) [Repealed] A. Traffic offences in respect of which offender may elect to pay penalty B. [Repealed] 46. [Repealed] 47. Police may prosecute in all proceedings 48. Records 49. Facilitation of proof [Repealed] 51. When offence not to be twice punished VlII-GENERAL Avoidance of license where cheque not honoured Fraud and unlawful possession of licenses Power of Courts to disqualify convicted persons from holding or obtaining licenses (1)-(3) Effect of disqualification 287 (4) Effect of suspension 288 (5) (6) Offences by disqualified persons

8 132 TRAFFIC VoI.19 Traffic Act continued 55A. Effect of disqualification on subsequent issue of driver's license Delivery of cancelled or suspended licenses, or licenses for endorsement 289 Endorsements (1) Appeals with respect to issue of licenses, etc. 291 (2) Application for removal of disqualification 291 (3) Appeal from order of disqualification made by Judge or Court 292 (3a) [Disqualification suspended pending determination of appeal] 292 (4) Removal of disqualification conviction upon quashing of 292 (5) Validity of orders of disqualification Occupiers of garages, etc., to keep register of repairs Alteration and defacing of numbers, etc Unlawful interference with vehicles and mechanism thereof, etc (1), (2) Injurious matter on roads " 295 (3) Duties of drivers of vehicles, etc., causing damage to road 295 (4) Saving of Local Authorities' powers with respect to interference with roads Appropriation of fines, fees, etc Scheme to facilitate children crossing streets Service of determinations, notices, orders, and directions of the Commissioner Service of documents When determinations, etc., not affected by error Protection of Minister and members of Police Force Weights of vehicles and loading Rules of Court Regulations 299 Schedule Proclamations, regulations, etc. 301 SCHEDULE-Subject-Matters for Regulations 302 d. 1. Prescribed matters General Prescribing licenses Limiting the maximum number of licenses Licenses Qualifications and tests for licenses Learners Identification of motor vehicles driven by learners, etc. 304 Age of licensee Reciprocity regarding interstate licenses Traffic 305 Vehicles 305 Lighting 305 Dangerous goods 305 Transhipping 305 Advertisements 305 Rule of the Road 305 Age limits of drivers 306 Speed 306 Parking 306 Processions 306 Exceptional traffic 306 Road incidents, loitering and obstruction, etc. 306

9 Traffic Act continued TRAFFIC 133 8A. Advertisements, etc. 9. Stalls, stands, etc Seizure, removal, and detention of stalls, stands, goods, etc. 11. Meetings; playing musical instruments, etc. 11A. Vehicles, etc., on foreshores 12. Interference or damage to roads Construction, equipment and condition of vehicle Maintenance of motor vehicles in good mechanical order and safe condition 14. Brakes 15. Misconduct, etc. 16. Permits for vehicles 17, 18. [Repealed] 19. Lost property 20. Routes and timetables 21. Stands and stopping places 22. [Repealed] 23. Checking of vehicles loading and weights 24. Authorised officers Exempting Commissioner 27. [Repealed] 28. Official traffic signs, signs, signals, and directions 29. Parties to offences 30. Noises, etc Declarations 32. Police reports concerning drivers Forms 34. Fees Facilitation of proof 36. Penalty MAIN ROADS ACTS AND ANOTHER ACT AMENDMENT ACT of 1952, 1 Eliz. 2 No III-AMENDMENTS OF THE TRAFFIC ACT OF Construction of Part III and collective title 315 ]4. Commencement of Part III 315 Saving [Not reprinted] TRAFFIC ACTS AMENDMENT ACT of 1953, 2 Eliz. 2 No Short title and construction 316 Collective title [Not reprinted] 13. Savings, etc. 316 TRAFFIC ACTS AND ANOTHER ACT AMENDMENT ACT of 1959, 8 Eliz. 2 No. 55 I-PRELIMINARY 1. Short title Parts of Act 317 II-AMENDMENTS OF THE TRAFFIC ACTS, 1949 TO (1) Construction of Part II 317 (2) Collective title [Not reprinted] 15. (1) [Not reprinted] (2) Saving of existing official traffic signs.. 317

10 134 TRAFFIC Vol. 19 Traffic Acts, etc., Act of continued 16. (1) [Not reprinted] (2) Saving of regulations and determinations repealed subsection under [Not reprinted] TRAFFIC ACTS AMENDMENT ACT of 1960, 9 Eliz. 2 No (1) Short title (2) Principal Act 319 (3) Collective title [Not reprinted] 9. Repeal of and new s. 45A [Not reprinted] TRAFFIC ACTS AND OTHER ACTS AMENDMENT ACT of 1965, No. 26 I-PRELIMINARY 1. (1) Short title (2) Commencement of Act Parts of Act Transitional 320 Assets and property of Traffic Engineer Disposal of moneys in Metered Parking Account II-AMENDMENTS TO THE TRAFFIC ACTS 1949 TO (1) Interpretation of Part II 322 (2) Collective title [Not reprinted] REGULATIONS: Motor Vehicle Driving Instruction School Act Motor Vehicle Driving Instruction School Regulations 1970-Gazette: Jan.-Apr. 1970, pp Motor Vehicles Insurance Act Motor Vehicles Insurance Regulations of 1937-repealed except for regulation la published Gazette 27 Jan. 1945, p Motor Vehicles Insurance Regulations of 1968-Gazette: May-Aug. 1968, p. 583; May-Aug. 1969, p. 1703; Jan.-Apr. 1970, p. 546; May-Aug. 1970, pp. 148, Traffic Act Traffic Regulations of 1962-Gazette: Sep.-Dec. 1962, pp , 909, 1603; Jan.-Apr. 1963, p. 1620; May-Aug. 1963, pp. 482, 1388; Jan.-Apr. 1964, pp. 162, 1633; Sep.-Dec. 1964, pp. 547, 1810; May-Aug. 1965, pp. 1318, 1406, 1825, 2041; Sep.-Dec. 1965, pp. 392, 1413; Jan.-Apr. 1966, pp. 688, 2188; Sep.-Dec. 1966, p. 931; Jan.-Apr. 1967, pp. 527, 945; May-Aug. 1967, p. 1351; Sep.-Dec. 1967, p. 903; Jan.-Apr. 1968, pp. 556,903; May-Aug. 1968, p. 1121; Sep.-Dec.1968, pp. 209,1107; Jan.-Apr. 1969, p. 1517; May-Aug. 1969, p. 309; Sep.-Dec. 1969, pp. 1175, 1775; Jan.-Apr. 1970, p. 1400; Sep.-Dec. 1970, pp. 735, 1557; Sep.-Dec. 1971, p. 52. RELATED LEGISLATION Fire Brigades-As to duty of drivers of vehicles to allow the passage of fire brigades, see Fire Brigades Acts, 1964 to 1967, Schedule, Part III, clause 24,1964 Annual Volume, p Local Authorities-As to power to install and remove official traffic signs and to regulate parking, see Local Government Act , s. 49E, title LOCAL AUTHORITIES, Vol. 10, p As to power to make by-laws in relation to traffic, tramways. motor omnibuses. omnibuses and other means of public transportation, see ibid., s. 30, Vol. 10, p Police-exempted from tolls and ferry dues while on duty. See Police Act , s. 61, title POLICE, Vol. 13, p. 606.

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