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

125 TRAFFIC PRELIMINARY NOTE Motor Vehicle Driving Instruction School Act 1969 135 Motor Vehicles Insurance Act 1936-1969.. 135 Tolls on Privately Constructed Road Traffic Facilities Act of 1931 135 Traffic Act 1949-1971.. 135 MOTOR VEmCLE DRIVING INSTRUCTION SCHOOL ACT 1969, No. 21 I-PRELIMINARY 1. Short title and commencement of Act 137 2. Arrangement of Act.. 137 3. Interpretation.. 137 4. Act inapplicable in certain cases 138 II-REGISTRATION OF DRIVING INSTRUCTION SCHOOLS 5. Application for registration.. 138 6. Particulars to be registered.. 139 7. Duration of registration and renewal 139 8. Conduct of unregistered school and misrepresentation prohibited 139 III-INSTRUCTOR'S LICENCE 9. Application for licence 139 10. Grant of licence 140 11. Authority of licence.. 141 12. Duration and renewal of licence 141 13. Imposition of conditions on licence 141 14. Professional driving instruction to be given under licence 141 IV-REGULATION OF LICENSEES AND DRIVING INSTRUC- TION SCHOOLS 15. Register of licences 142 16. Instructor's licence dependent upon driver's licence 142 17. Obligations of holder of instructor's licence 142 18. Motor vehicles to comply with requirements of law 142 19. Regulation of registered driving instruction schools 143 20. Discretionary cancellation, etc., of licence.. 143 V-APPEALS FROM COMMISSIONER'S DECISIONS 21. Person aggrieved may appeal against determination of Commissioner 144 22. Appeal tribunal 144 23. Secretary to appeal tribunal 145 24. Procedure on appeal.. 145 25. Venue and nature of appeal 146 26. Determination of appeal 146 27. Effect of appeal and of determination thereof 146 VI-GENERAL PROVISIONS 28. Power to delegate 146 29. Evidentiary value of records.. 147 30. Service of writings under Act 147 31. Offences and penalty.. 147 32. Indemnity to persons administering Act 148 33. Regulations 148 34. Procedural provisions re regulations 149

126 TRAFFIC Vol. 19 MOTOR VEHICLES INSURANCE ACT 1936-1969 1. Short title and commencement of Act 151 2. Definitions 151 3. (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.. 154 (4) Contract of insurance not to be revokable 154 (5) 155 4. Special provisions in respect of change of ownership 156 4A. Liability of insurers.. 156 4B. Apportionment of costs 158 4c. Medical examination of injured person 158 40. The corporation of The Nominal Defendant 159 4E. Motor Vehicle Insurance Nominal Defendant Fund 160 4F. Claims in respect of uninsured and unidentified vehicles 161 40. Recovery from owner or driver 165 4H. Prohibition against soliciting for authority to make claims and commence actions, etc. 166 5. Offences 166 6. (1) Contracting out of liability prohibited.. 167 (2) Saving of common law liability.. 167 7. Saving of" The Criminal Code" 167 8. 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.. 168 Form of policy of Office.. 168 Forms of contracts of insurers 168 Rates of premium 169 Returns and notices 169 Generally.. 169 (2) Regulations may be made on the passing of this Act.. 169 (3) May fix penalty 169 10. Regulations to form part of this Act 169 11. [Repealed] 12. Actions for damages.. 170 13. Construction 171 14. Claims in respect of certain insurers 171 14A. Extension of s. 14 to certain claims 173 15. Club Motor Insurance Agency Pty. Limited 174 MOTOR VEHICLES INSURANCE ACTS AMENDMENT ACT of 1945, 9 Geo. 6 No. 27 1. Short title and construction Collective title.. 2. (I) [Not reprinted] (2) Construction of contracts 3. [Not reprinted] 4. Validation of regulation 175 175 175 175

TRAFFIC 127 MOTOR VEHICLES INSURANCE ACTS AMENDMENT ACr 1968, No.4 1. (1) Short title.. 176 (2) Principal Act 176 (3) Collective title 176 2. Commencement of Act 176 3-12. [Not reprinted] 13. Terms, etc., deemed to be in existing contracts 176 MOTOR VEHICLES INSURANCE ACT AMENDMENT ACT 1969, No. 34 1. 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.. 179 (2) Commencement of Act.. 179 2. Interpretation.. 179 3. Governor in Council may authorise person to construct road traffic facility and to levy and collect tolls.. 180 4. Procedure in respect of proposal for road traffic facility.. 180 S. Minister may require security 181 6. (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.. 183 (4) Further provisions re duration of franchise period 183 (5) Publication of Orders in Council in Gazette, and effect of same., 185 7. (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 185 8. (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 186 177 177

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.. 187 (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.. 187 10. (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 188 11. (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 190 12. Additional construction during the franchise period 190 13. (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 192 14. (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 193 15. Employment of persons resident in Queensland for six months 193 16. (1) Further powers of Commissioner where road traffic facility unsafe.. 193 (2) Penalty 194 17. (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.. 194 18. Owner to erect notices of lists of charges.. 194 19. (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 198 20. Duty of owner as to construction 198 Failure of owner to have road traffic facility ready within the specified time 198 21. Objection by owner to decision of Commissioner 199 22. Further provisions in respect of neglect, etc., of owner 200 23. Power to transfer rights, etc., with approval of Governor in Council 200 24. Area of land not to be rateable land 200

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.. 201 (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.. 202 (9) Provisions not to apply to bridge, etc., of Commissioner for Railways 202 26. On cesser of owner's rights, road traffic facility to become property of Crown.. 203 27. Provisions as to vesting road traffic facility in Local Authority 203 28. Commissioner may authorise survey work, etc. 204 29. Moneys from penalties, etc., to go to Main Roads Fund.. 204 30. Requirements of design of road traffic facility 204 31. Insolvency or bankruptcy of owner 205 32. By-laws 206 33. Recovery of penalties generally 207 TRAFFIC ACT 1949-1971 5 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 209 209 210 210 210 (6) Power to control certain traffic and obstructions in roads vested in Local Authority.. 214 6. (1) [Not reprinted] (2) 5 Geo. 5 No. 28 not to affect this Act.. 215 7. 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 216 8. Act to apply to privately constructed road traffic facilities and tramways on roads 217 9. Interpretation.. 217 II-ADMINISTRATION 10. Administration of Act 227 11. District Superintendents and Superintendents of Traffic.. 227 12. Power of Commissioner to delegate 229 IlA-OFFlCIAL TRAFFIC SIGNS 12A. Definitions 230 12B. (1) Commissioner of Main Roads may install official traffic signs 230 (2) Local Authority may install official traffic signs 230 213

130 TRAFFIC Vol. 19 Traffic Act 1949-1971-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.. 233 14. Issue and renewal of drivers' licenses 233 14A. Traffic Engineering Trust Fund 236 15. Driving of motor vehicle without a drivcr's license prohibited 237 Penalty for offence by disqualified person 237 16. Drivers under influence of liquor or drugs 237 16A. Provision, as respects alcohol, for breath tcsts and for laboratory tests for evidentiary purposes 242 Laboratory tests 243 16B. Cancellation of provisional license 248 17. Careless driving of motor vehicles.. 249 18. Dangerous driving of vehicles (other than motor vehicles), etc. 249 19. Racing and speed trials on roads 250 20. Disqualification of drivers of motor vehicles for certain offences 250 21. Power to disqualify person from holding or obtaining driver's license though acquitted of certain indictable offences 251 22. Power to disqualify person from holding or obtaining driver's license though complaint dismissed 252 23. Commissioner to be advised of persons disqualified from holding drivers' licenses, etc. 252 24. Reference to certificate of competency in s. 40 (2) of II Geo. 6 No. 17 and s. 328c of The Criminal Code 253 of 230 230 12F. Contravention of or failure to comply with an official traffic sign to be an offence 232 12G. Unlawful installation of official traffic signs 232 12H. Injury to official traffic signs 233 12r. Application of Part IIA 233 12J. [Repealed] IV-OFFENCES IN RELATION TO PUBLIC TRANSPORT 25-29. [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~ 254 32. [Repealed] 33. Members of the Police Force may make inquiries, etc., into certain road incidents 257 34. Scheme to facilitate supply of information as to road incidents 257 231 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 257 258 258

TRAFFIC 131 Traffic Act 1949-1971~ontinued 38. [Repealed] 39. Driver to stop and supply name, etc., when required 258 40. [Repealed] 41. Power to require information respecting identity of drivers of vehicles, etc. 259 42. General power of arrest without warrant.. 260 43. Power of entry.. 260 44. (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 265 44B. Parking 265 Traffic Areas 266 Regulated parking 267 Powers of Local Authority.. 268 44c. When metered parking permitted 269 440. Offences in metered parking 271 44E. Owner responsible for offence 271 Evidence of ownership 271 44F. Notice of alleged offence 272 440. Prosecution for breach 273 Answer to complaint 274 44H. Liability for offences in respect of regulated parking 274 441. Offences 275 44J. Agreement with Local Authority on costs of administrati= D5 44K. [Repealed] 44L. Parkatarea parking.. 276 44M. 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] 277 45A. Traffic offences in respect of which offender may elect to pay penalty 278 45B. [Repealed] 46. [Repealed] 47. Police may prosecute in all proceedings 48. Records 49. Facilitation of proof.. 50. [Repealed] 51. When offence not to be twice punished VlII-GENERAL 279 279 280 52. Avoidance of license where cheque not honoured 286 53. Fraud and unlawful possession of licenses.. 286 54. Power of Courts to disqualify convicted persons from holding or obtaining licenses 287 55. (1)-(3) Effect of disqualification 287 (4) Effect of suspension 288 (5) (6) Offences by disqualified persons 288 286

132 TRAFFIC VoI.19 Traffic Act 1949-1971-continued 55A. Effect of disqualification on subsequent issue of driver's license 289 56. Delivery of cancelled or suspended licenses, or licenses for endorsement 289 Endorsements.. 290 57. (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 293 58. Occupiers of garages, etc., to keep register of repairs 293 59. Alteration and defacing of numbers, etc. 294 60. Unlawful interference with vehicles and mechanism thereof, etc... 294 61. (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 296 62. Appropriation of fines, fees, etc. 296 63. Scheme to facilitate children crossing streets 296 64. Service of determinations, notices, orders, and directions of the Commissioner 297 65. Service of documents.. 298 66. When determinations, etc., not affected by error.. 298 67. Protection of Minister and members of Police Force 299 68. Weights of vehicles and loading 299 69. Rules of Court 299 70. Regulations 299 Schedule 300 71. Proclamations, regulations, etc. 301 SCHEDULE-Subject-Matters for Regulations 302 d. 1. Prescribed matters.. 302 2. General 302 3. Prescribing licenses 302 4. Limiting the maximum number of licenses 302 5. Licenses 303 6. Qualifications and tests for licenses Learners 304 304 Identification of motor vehicles driven by learners, etc. 304 Age of licensee 304 7. Reciprocity regarding interstate licenses.. 304 8. 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

Traffic Act 1949-1971-continued TRAFFIC 133 8A. Advertisements, etc. 9. Stalls, stands, etc... 10. 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.. 13. 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.. 25. Exempting.. 26. Commissioner 27. [Repealed] 28. Official traffic signs, signs, signals, and directions 29. Parties to offences 30. Noises, etc... 31. Declarations 32. Police reports concerning drivers.. 33. Forms 34. Fees.. 35. Facilitation of proof 36. Penalty MAIN ROADS ACTS AND ANOTHER ACT AMENDMENT ACT of 1952, 1 Eliz. 2 No. 14 307 307 308 308 308 308 309 309 310 310 310 311 311 311 312 312 314 314 314 III-AMENDMENTS OF THE TRAFFIC ACT OF 1949 13. Construction of Part III and collective title 315 ]4. Commencement of Part III 315 Saving.. 315 15-17. [Not reprinted] TRAFFIC ACTS AMENDMENT ACT of 1953, 2 Eliz. 2 No. 11 1. Short title and construction 316 Collective title.. 316 2-12. [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 317 2. Parts of Act 317 II-AMENDMENTS OF THE TRAFFIC ACTS, 1949 TO 1959 3. (1) Construction of Part II 317 (2) Collective title 317 4-14. [Not reprinted] 15. (1) [Not reprinted] (2) Saving of existing official traffic signs.. 317

134 TRAFFIC Vol. 19 Traffic Acts, etc., Act of 1959---continued 16. (1) [Not reprinted] (2) Saving of regulations and determinations repealed subsection under 317 17-22. [Not reprinted] TRAFFIC ACTS AMENDMENT ACT of 1960, 9 Eliz. 2 No. 44 1. (1) Short title.. 319 (2) Principal Act 319 (3) Collective title 319 2-8. [Not reprinted] 9. Repeal of and new s. 45A 319 10. [Not reprinted] TRAFFIC ACTS AND OTHER ACTS AMENDMENT ACT of 1965, No. 26 I-PRELIMINARY 1. (1) Short title (2) Commencement of Act 320 320 2. Parts of Act 320 3. Transitional 320 Assets and property of Traffic Engineer Disposal of moneys in Metered Parking Account 321 322 II-AMENDMENTS TO THE TRAFFIC ACTS 1949 TO 1962 4. (1) Interpretation of Part II 322 (2) Collective title 322 5-46. [Not reprinted] REGULATIONS: Motor Vehicle Driving Instruction School Act 1969- Motor Vehicle Driving Instruction School Regulations 1970-Gazette: Jan.-Apr. 1970, pp. 497-500. Motor Vehicles Insurance Act 1936-1969- Motor Vehicles Insurance Regulations of 1937-repealed except for regulation la published Gazette 27 Jan. 1945, p. 139. 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, 1784. Traffic Act 1949-1971- Traffic Regulations of 1962-Gazette: Sep.-Dec. 1962, pp. 61-136, 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. 503. Local Authorities-As to power to install and remove official traffic signs and to regulate parking, see Local Government Act 1936-1971, s. 49E, title LOCAL AUTHORITIES, Vol. 10, p. 535. 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. 432. Police-exempted from tolls and ferry dues while on duty. See Police Act 1937-1970, s. 61, title POLICE, Vol. 13, p. 606.