Transport Amendment Act 1974
Transport Amendment Act 1974
Transport Amendment Act 1974
Transport Amendment Act 1974
Public Act |
1974 No 61 |
|
Date of assent |
29 October 1974 |
|
Contents
An Act to amend the Transport Act 1962
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Transport Amendment Act 1974, and shall be read together with and deemed part of the Transport Act 1962 (hereinafter referred to as the principal Act).
(2)
Section 2(2) of this Act shall come into force on the 1st day of July 1975.
(3)
Sections 2(4), 12, and 17 of this Act shall come into force on a date to be fixed by the Governor-General, by Order in Council, and different dates may be so fixed for the commencement of any of these provisions.
(4)
Except as provided in subsections (2) and (3) of this section, this Act shall come into force on the date of its passing.
2 Interpretation
(1)
Section 2(1) of the principal Act (as substituted by section 2(1) of the Transport Amendment Act 1972) is hereby amended by adding to the definition of the expression “goods-service vehicle”
the words “but does not include a tractor”
.
(2)
Section 2(1) of the principal Act (as so substituted) is hereby further amended by repealing the definition of the expression “power cycle”
, and substituting the following definition:
“‘Power cycle’ means—
“(a)
A pedal vehicle running on 2 or 3 wheels that for alternative propulsion is fitted with a motor; or
“(b)
A motor vehicle running on 2 wheels that for alternative propulsion is fitted with pedals,—
being in each case a vehicle the motor of which has an output not exceeding 2 kilowatts:”.
(3)
Section 2(1) of the principal Act (as so substituted) is hereby further amended by repealing the definition of the term “tractor”
, and substituting the following definition:
“‘Tractor’ means a motor vehicle (not being a traction engine) designed principally for traction at speeds not exceeding 50 kilometres an hour:”.
(4)
Section 2(1) of the principal Act (as so substituted) is hereby further amended by repealing the definition of the expression “speeding infringement”
, and substituting the following definition:
“‘Speeding infringement’ means a speeding offence which consists of exceeding a speed limit by not more than 40 kilometres an hour:”.
(5)
The First Schedule to the principal Act (as substituted by section 2(4) of the Transport Amendment Act 1967) is hereby amended by repealing clauses 4 and 5 of Part I, and substituting the following clauses:
“4
For any motor cycle having a motor the total piston displacement of which exceeds 60 cubic centimetres and for any trailer or traction engine 10
“5
For any other motor cycle and for any power cycle 6”
(6)
The First Schedule to the principal Act (as so substituted) is hereby further amended by repealing clauses 1 and 2 of Part II, and substituting the following clauses:
“1
For any motor cycle having a motor the total piston displacement of which exceeds 60 cubic centimetres 6
“2
For any other motor cycle and for any power cycle 4”
3 Unauthorised, deceptive, or obscured registration plates or unauthorised licence
Section 15 of the principal Act is hereby amended by adding to paragraph (c) the word “or”
, and by adding the following paragraphs:
“(d)
Uses any motor vehicle which has affixed to it any registration plate or licence which is not authorised by this Act or by regulations thereunder and which is likely to be mistaken for any authorised registration plate or licence; or
“(e)
Uses any motor vehicle which in any licensing year has affixed to it any licence not being a licence issued for that motor vehicle for that licensing year or authorised to be used on that motor vehicle in that licensing year.”
4 Cancellation of registration on destruction or permanent removal of motor vehicle
Section 19(2) of the principal Act is hereby amended by omitting the words “National Roads Fund”
, and substituting the words “Consolidated Revenue Account”
.
5 Regulations as to motor-cycle drivers’ licences
Section 29 of the principal Act (as substituted by section 3 of the Transport Amendment Act 1971) is hereby amended by repealing paragraph (e), and substituting the following paragraph:
“(e)
Providing, notwithstanding anything in this Act, for the issue of provisional, restricted, and full motor drivers’ licences authorising the holders to drive motor cycles only; and prescribing the terms and conditions upon or subject to which those licences may be issued; and prescribing the fees for the issue of those licences; and prescribing that the holders of provisional or restricted licences may drive only motor cycles with engines of limited total piston displacement, or, in the case of motor cycles with an electrically driven engine, with engines of limited power output; and applying to licences to drive a motor cycle, with such modifications as are considered necessary, any of the provisions of this Part of this Act and of any other regulations made pursuant to this section:”.
6 Penalty for offences
(1)
Section 30 of the principal Act (as substituted by section 2 of the Transport Amendment Act 1970) is hereby amended by omitting from subsection (1) the words “not exceeding $1,000”
, and substituting the words “not exceeding $2,000”
.
(2)
Section 30 of the principal Act (as so substituted) is hereby further amended by inserting, after subsection (2), the following subsection:
“(2a)
Every person who commits an offence against section 56(1a) of this Act is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or to a fine not exceeding $1,000 or to both, and (without prejudice to the power of the Court to order a longer period of disqualification) the Court shall order him to be disqualified from holding or obtaining a driver’s licence for a period of one year, unless the Court for special reasons relating to the offence thinks fit to order otherwise.”
(3)
Section 30 of the principal Act (as so substituted) is hereby further amended by adding the following subsection:
“(5)
On conviction of any person for an offence against any regulations made under section 12 of the Public Works Amendment Act 1947 (which relates to motorways) or against section 64 of the Government Railways Act 1949 (which relates to traffic at level crossings) or against any bylaws made under section 72 of this Act, then, whether or not the Court imposes any other penalty for the offence, the Court, if in its opinion the offence relates to road safety, may order him to be disqualified from holding or obtaining a driver’s licence for such period as the Court thinks fit.”
(4)
The principal Act is hereby further amended—
(a)
By omitting from paragraph (b) of section 30(3) (as so substituted) the words “Section 56”
, and substituting the words “Section 56(1)”
.’
(b)
By inserting in subparagraph (i) of paragraph (a) of section 51(3) (as enacted by section 2 of the Transport Amendment Act 1970), after the words “subsection (1)”
, the words “or subsection (2a)”
.
(5)
The First Schedule to the Summary Proceedings Act 1957 is hereby amended by inserting in the item in Part II relating to the Transport Act 1962 (as substituted by section 6(2) of the Transport Amendment Act 1970), after the item relating to section 55(2), the following item:
“
56(1a)
Causing bodily injury or death through careless use of motor vehicle if defendant exceeded speed limit or drove under influence of drink or a drug or committed an offence against certain regulations.”
7 Retention and custody of licence of disqualified driver
Section 37(2) of the principal Act (as enacted by section 2 of the Transport Amendment Act 1970, and as in force at the commencement of this section) shall while it continues in force have effect as if it had been amended by omitting from paragraph (a) and also from paragraph (b) the words “endorse the terms of the disqualification on the licence and”
.
8 Issue of limited licence to disqualified person
Section 38 of the principal Act (as substituted by section 2 of the Transport Amendment Act 1970) is hereby amended by adding to subsection (2) the following proviso:
“Provided that no order may be made under this section in respect of a person who is disqualified by an order under this Part of this Act on his conviction (whether before or after the commencement of this proviso)—
“(a)
For an offence against section 35(1) of this Act; or
“(b)
For an offence against this Act of any of the kinds specified in subsection (1) or subsection (2a) or subsection (3) of section 30 of this Act committed within 3 years after the commission of any other offence specified in any of those subsections (whether or not both offences are of the same kind),—
unless the Court is satisfied that the order of disqualification has resulted or will result in extreme hardship to a person other than the applicant.”
9 Penalty for speeding offences
Section 42 of the principal Act (as enacted by section 2 of the Transport Amendment Act 1970) is hereby amended by repealing subsection (3), and substituting the following subsection:
“(3)
The Minister may from time to time, by notice in the Gazette, prescribe a scale of speeding-infringement fees, not exceeding $100 in the case of any infringement, payable under this section in respect of speeding infringements, and that scale may fix different amounts having regard to the excess of speed over the prescribed limit.”
10 Infringement offences
(1)
The principal Act is hereby further amended by inserting, after section 42 (as enacted by section 2 of the Transport Amendment Act 1970), the following section:
“42a
“(1)
The Minister may from time to time, by notice in the Gazette, declare that any specified offence against this Act, or against any regulations made under this Act, or against any bylaw made under section 72 of this Act, or against any regulations made under section 12 of the Public Works Amendment Act 1947 (which relates to motorways), being an offence punishable on summary conviction but not being an offence punishable by imprisonment or an overloading infringement or a parking infringement or a speeding offence, shall be an infringement offence for the purposes of this section.
“(2)
Where the user of any motor vehicle commits an infringement offence—
“(a)
He may be proceeded against summarily for the offence; or
“(b)
He may be served with an infringement notice, in which case he shall pay to the enforcement authority, in accordance with this section, the appropriate infringement fee;—
but, where he is proceeded against summarily for the offence, he shall not be served with an infringement notice.
“(3)
Where the Minister has under this section declared any offence to be an infringement offence, he shall in the same notice or a subsequent notice in the Gazette prescribe the infringement fee payable in respect of that infringement offence, being an amount not exceeding the amount of the maximum fine for that offence. The notice may prescribe different infringement fees having regard to the extent of the infringement offence.
“(4)
Where a traffic officer has reason to believe that the user of any motor vehicle has committed an infringement offence, an infringement notice in relation to that offence may be served as hereinafter provided by that traffic officer or by any other officer of the enforcement authority.
“(5)
An infringement notice may be served by delivering it personally to the user of the motor vehicle who appears to have committed the infringement offence or by sending it by registered letter addressed to him at his last known place of residence or business. Every infringement notice served by registered letter shall be deemed to have been received when in the ordinary course of post it would be delivered, and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.
“(6)
Every infringement notice shall be in a form prescribed by the Minister, by notice in the Gazette, and shall contain the following particulars:
“(a)
Such details of the alleged infringement offence as are sufficient fairly to inform the user to whom it is addressed of the time, place, and nature of the infringement offence; and
“(b)
In the case of an infringement offence in respect of which a scale of infringement fees is prescribed having regard to the extent of the offence, the extent of the infringement offence alleged; and
“(c)
The amount of the appropriate infringement fee payable to the enforcement authority in respect of the infringement offence; and
“(d)
The place at which the fee shall be paid and the times during which it may be paid; and
“(e)
A statement that if the fee is not paid before the date specified in the notice, being not less than 14 days and not longer than 21 days after the date of the service of the notice, or if before that date he notifies the enforcement authority in writing that he elects to be proceeded against for the infringement offence, proceedings may be taken under the Summary Proceedings Act 1957 for the offence in respect of which the infringement notice was issued as if an infringement notice had not been issued for that offence.
“(7)
Any notice given by the Minister under this section shall be deemed to be a regulation for the purposes of the Regulations Act 1936, and prima facie evidence of the notice may be given in all Courts and in all legal proceedings in the manner specified in section 5 of that Act.
“(8)
Any notice given by the Minister under this section shall come into force on a date specified therein, being not earlier than the 28th day after the date of its notification in the Gazette.
“(9)
Where any notice is required to be given by any officer of the enforcement authority, the production of a document purporting to be a copy of that notice (being a notice purporting to have been signed by an officer of the enforcement authority) shall, in the absence of proof to the contrary, be sufficient evidence of the contents of the original notice, the signature of the officer concerned, and the authority of the officer to sign that notice.
“(10)
Where a person who has been served with an infringement notice relating to an infringement offence fails to pay to the enforcement authority before the date specified in the notice the appropriate infringement fee payable in respect of that infringement offence, or before that date notifies the enforcement authority in writing that he elects to be proceeded against summarily for the infringement offence, then, subject to the Summary Proceedings Act 1957, he may be proceeded against for the original offence as if an infringement notice had not been issued.
“(11)
Where any person on whom an infringement notice under this section has been served pays to the enforcement authority the amount of the infringement fee specified in the notice, then—
“(a)
Where the payment is made to an enforcement authority other than the Secretary, the enforcement authority shall send to the Secretary such particulars of the infringement and of the payment as the Secretary requires; and
“(b)
Sections 44 to 51 of this Act shall apply as if the driver had been convicted on the date on which the payment is made of the offence in respect of which the infringement notice was issued.
“(12)
For the purposes of sections 44 to 51 of this Act and of any regulations made under the said section 51, every infringement offence in respect of which an infringement notice is issued under this section shall be deemed to be an offence in connection with the driving of a motor vehicle.”
(2)
Section 2(1) of the principal Act (as substituted by section 2(1) of the Transport Amendment Act 1972) is hereby further amended by inserting, after the definition of the expression “inflammable liquid”
, the following definition:
“‘Infringement offence’ means any offence against this Act or any regulations made under this Act or any bylaw made under the authority of section 72 of this Act or any regulations made under section 12 of the Public Works Amendment Act 1947 (which relates to motorways) which is declared by the Minister, pursuant to section 42a of this Act, to be an infringement offence:”.
(3)
Section 2(1) of the principal Act (as so substituted) is hereby further amended—
(a)
By inserting in the definition of the expression “enforcement authority”
, after the words “overloading infringement”
wherever they occur, the words “or infringement offence”
:
(b)
By omitting from paragraph (a) of the same definition the word “Secretary”
, and substituting the word “Department”
.
(4)
The principal Act is hereby further amended—
(a)
By omitting the heading preceding the said section 42, and substituting the following heading:
“Speeding Offences and Infringement Offences”:
(b)
By inserting in section 43, after the words “section 42 of this Act”
, the words “and all infringement fees received by an enforcement authority under section 42a of this Act”
.
11 Notice of demerit points
Section 47 of the principal Act (as enacted by section 2 of the Transport Amendment Act 1970) is hereby amended by inserting in subsection (1) and also in subsection (2), after the words “Secretary shall”
, the words “where reasonably practicable”
.
12 Speed limit in cities, boroughs, town districts, etc.
(1)
Section 52(1) of the principal Act is hereby amended by omitting the words “30 miles an hour”
, and substituting the words “50 kilometres an hour”
.
(2)
Every traffic sign erected at the commencement of this section pursuant to the principal Act or to any regulations made under that Act which indicates a speed limit of 30 miles an hour shall after the commencement of this section have effect as if the sign indicated a speed limit of 50 kilometres an hour.
13 Causing bodily injury or death through careless use of motor vehicle
Section 56 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Every person commits an offence who causes bodily injury to or the death of any person by carelessly using a motor vehicle while—
“(a)
Driving the motor vehicle at a speed in excess of any limit of speed prescribed by this Act or by any regulations made under this Act; or
“(b)
Driving the motor vehicle while under the influence of drink or a drug but not so as to commit an offence against section 55(2) of this Act; or
“(c)
Driving the motor vehicle in such a manner as to commit an offence against any regulations made under this Act prescribing the manner in which a driver may overtake another vehicle or prescribing the part of the road on which a driver may drive his motor vehicle.”
14 Breath tests
(1)
Section 58a of the principal Act (as enacted by section 5 of the Transport Amendment Act 1970) is hereby amended by inserting, after subsection (1a) (as inserted by section 2(1) of the Transport Amendment Act (No. 2) 1971), the following subsections:
“(1b)
Where a constable or traffic officer has good cause to suspect that—
“(a)
The driver of a motor vehicle on any road has recently, before driving the vehicle, or has, while driving the vehicle, consumed intoxicating liquor; or
“(b)
Any person attempting to drive a motor vehicle on any road has recently, before attempting to drive the vehicle, consumed intoxicating liquor,—
he may require that driver or person to provide forthwith a specimen of his breath for a breath test.
“(1c)
Where—
“(a)
An accident has occurred involving any motor vehicle; and
“(b)
A constable or traffic officer has good cause to suspect that any person in the motor vehicle has recently, before the accident occurred, consumed intoxicating liquor, but the constable or traffic officer is unable to ascertain which of the persons in the motor vehicle at the time of the accident was the driver,—
the constable or traffic officer may require that person to provide forthwith a specimen of his breath for a breath test.”
(2)
Section 58a of the principal Act (as so enacted) is hereby further amended—
(a)
By omitting from subsection (2)(a) (as amended by section 2(2)(a) of the Transport Amendment Act (No. 2) 1971) the words “subsection (1) or subsection (1a)”
, and substituting the words “subsection (1), subsection (1a), subsection (1b), or subsection (1c)”
:
(b)
By omitting from subsection (2)(b) (as amended by section 2(2)(b) of the Transport Amendment Act (No. 2) 1971) the words “subsection (1) or subsection (1a)”
, and substituting the words “subsection (1), subsection (1a), subsection (1b), or subsection (1c)”
:
(c)
By omitting from subsection (4) (as amended by section 2(2)(d) of the Transport Amendment Act (No. 2) 1971) the words “subsection (1) or subsection (1a)”
, and substituting the words “subsection (1), subsection (1a), subsection (1b), or subsection (1c)”
.
(3)
Section 58a(2) of the principal Act (as so enacted) is hereby further amended by adding to paragraph (c) the word “or”
and by inserting, after paragraph (c), the following paragraphs:
“(d)
A constable or traffic officer has good cause to suspect that—
“(i)
The driver of a motor vehicle on any road has recently, before driving the vehicle, or has, while driving the vehicle, consumed intoxicating liquor; or
“(ii)
Any person attempting to drive a motor vehicle on any road has recently, before attempting to drive the vehicle, consumed intoxicating liquor,—
but an approved breath-testing device is not readily available or for any reason a breath test cannot then be carried out; or
“(e)
A constable or traffic officer has good cause to suspect that any person in a motor vehicle which has been involved in an accident has recently, before the accident occurred, consumed intoxicating liquor and the constable or traffic officer is unable to ascertain which of the persons in the motor vehicle at the time of the accident was the driver, but an approved breath-testing device is not readily available or for any reason a breath test cannot then be carried out,—
(4)
Section 2 of the Transport Amendment Act (No. 2) 1971 is hereby consequentially amended by repealing paragraphs (a), (b), and (d) of subsection (2).
15 Blood tests
Section 58b of the principal Act (as enacted by section 5 of the Transport Amendment Act 1970) is hereby amended—
(a)
By inserting in subsection (7), after the words “if application”
, the words “in writing”
:
(b)
By inserting in subsection (8), after the words “Government Analyst”
, the words “or an officer of the Department of Scientific and Industrial Research on behalf of the Dominion Analyst or a Government Analyst”
.
16 Refusal to supply specimen of blood
Section 58c of the principal Act (as enacted by section 5 of the Transport Amendment Act 1970) is hereby amended by inserting, after subsection (2), the following subsection:
“(2a)
It shall not be a defence in proceedings for an offence against subsection (1) of this section that any of the provisions of sections 58a and 58b of this Act have not been strictly complied with, provided there has been reasonable compliance with the provisions of those sections.”
17 Special provisions for persons in hospital or under medical treatment
(1)
The principal Act is hereby further amended by repealing section 58d (as substituted by section 4 of the Transport Amendment Act (No. 2) 1971), and substituting the following section:
“58d
“(1)
Subject to this section, no person who is in a hospital or a registered medical practitioner’s surgery or other place for the purpose of receiving medical care or treatment shall be required under section 58a or section 58b of this Act to provide a specimen of breath or to permit a specimen of blood to be taken, unless the constable or traffic officer first notifies the registered medical practitioner in immediate charge of the care or treatment of that person and the registered medical practitioner is satisfied that the giving or taking of such a specimen would not be prejudicial to the proper care or treatment of that person.
“(2)
Notwithstanding anything in any other Act or in any rule of law, where—
“(a)
Any person is received in any hospital for examination or treatment as a result of an accident involving any motor vehicle; and
“(b)
The registered medical practitioner in immediate charge of the examination or treatment of that person believes that—
“(i)
That person was the driver of the motor vehicle at the time of the accident; or
“(ii)
That person, being a person appearing to be of or over the age of 15 years, was in the motor vehicle at the time of the accident but it is uncertain as to which of the persons in the motor vehicle at the time of the accident was the driver,—
it shall be the duty of the Hospital Board having the control of that hospital and of the Medical Superintendent of that hospital to ensure that if practicable a specimen of his venous blood is taken in accordance with normal medical procedures, whether or not that person has consented thereto and whether or not he is capable of giving his consent:
“Provided that the provisions of this subsection shall not apply unless and until that person has been examined by a registered medical practitioner and that medical practitioner is satisfied that the taking of such a specimen of blood would not be prejudicial to the proper care or treatment of that person.
“(3)
For the purposes of any proceedings for an offence under this Part of the Act, a certificate purporting to be signed by the registered medical practitioner in immediate charge of the examination or treatment of a person from whom a specimen of venous blood has been taken pursuant to subsection (2) of this section that—
“(a)
The person named in the certificate was received into the hospital for examination or treatment as a result of an accident involving a motor vehicle; and
“(b)
He, being the registered medical practitioner in immediate charge of the examination or treatment of that person, believed that—
“(i)
That person was the driver of the motor vehicle at the time of the accident; or
“(ii)
That person, being a person appearing to be of or over the age of 15 years, was in the motor vehicle at the time of the accident but it is uncertain as to which of the persons in the motor vehicle at the time of the accident was the driver; and
“(c)
The person named in the certificate had been examined by the registered medical practitioner signing the certificate and that medical practitioner was satisfied that the taking of such a specimen of blood would not be prejudicial to the proper care or treatment of that person,—
shall be sufficient evidence, until the contrary is proved, of such as of those matters as are so certified and of the qualifications of the person signing the certificate.
“(4)
A specimen of blood may be taken under subsection (2) of this section by any registered medical practitioner or by any nurse or other person employed by the Hospital Board and authorised in the normal course of his duties to take blood.
“(5)
Any specimen of blood taken under subsection (2) of this section shall forthwith be divided into 2 parts, or if it is insufficient to be divided into 2 parts a further specimen of blood may forthwith be taken under the said subsection (2), and each part or specimen shall be placed in separate containers, which shall be sealed. Where any specimen of blood is divided into 2 parts as aforesaid, each such part shall be deemed to be a specimen of blood for the purposes of this Act.
“(6)
Where a constable or traffic officer has good cause to suspect that any person from whom a specimen of blood was taken under subsection (2) of this section—
“(a)
Had committed any offence specified in subsection (1) of section 58a of this Act (being an offence arising out of the driving of the motor vehicle involved in the accident); or
“(b)
Had recently, before driving on any road or while driving on any road the motor vehicle involved in the accident, consumed intoxicating liquor,—
he may request the Medical Superintendent, or a person nominated for the purpose by the Medical Superintendent, of the hospital at which the specimen of blood was taken to deliver to him the separate containers containing the specimens of blood, and the Medical Superintendent, or person so nominated, shall deliver those containers to the person making the request.
“(7)
If no such request is made within 14 days after the taking of the specimens of blood, they may be used for statistical purposes, and the provisions of subsection (14) of this section shall then apply as if the specimens of blood had been taken pursuant to subsection (13) of this section.
“(8)
Subsections (3) and (4) and subsections (6) to (15) of section 58b of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every specimen of blood taken pursuant to subsection (2) of this section, as if—
“(a)
That specimen had been taken pursuant to the said section 58b; and
“(b)
The references to a registered medical practitioner in subsections (4) and (13) of the said section 58b were references to the person by whom the specimen of blood was taken pursuant to subsection (2) of this section; and
“(c)
The reference in subsection (11) of the said section 58b to a specimen of blood provided by the defendant under that section were a reference to a specimen of blood taken from the defendant pursuant to subsection (2) of this section.
“(9)
Where the person by whom a container containing a specimen of blood was delivered to a constable or traffic officer pursuant to subsection (6) of this section is the person by whom the specimen of blood was taken, subsection (5) of section 58b of this Act shall apply with respect to that specimen of blood as if the reference in that last-mentioned subsection to a registered medical practitioner were a reference to the person by whom the specimen of blood was taken pursuant to subsection (2) of this section.
“(10)
Where the person by whom the container containing the specimen of blood was delivered to a constable or traffic officer pursuant to subsection (6) of this section is not the person by whom the specimen of blood was taken, then, in any proceedings for an offence against this Part of this Act, a certificate purporting to be signed by the person by whom the specimen of blood was taken and certifying—
“(a)
As to the matters specified in subparagraphs (i) to (v) of paragraph (a) of subsection (5) of section 58b of this Act; and
“(b)
That he handed the container containing the specimen of blood to the Medical Superintendent of the hospital or to a person nominated by the Medical Superintendent for the purposes of subsection (6) of this section, or that he placed it in a place of safety in the hospital designated by the Superintendent,—
shall be sufficient evidence, until the contrary is proved, of such of those matters as are so certified and of the qualifications of the person by whom the specimen of blood was taken.
“(11)
In any proceedings for an offence against this Part of this Act, where—
“(a)
A certificate under subsection (10) of this section names a person having the same name, address, and occupation as the defendant as the person from whom the specimen of blood was taken; and
“(b)
A certificate by the person by whom the container containing a specimen of blood was handed to a constable or traffic officer pursuant to subsection (6) of this section states that when he received it from the person giving the certificate under subsection (10) of this section, or, as the case may be, when he took it from a place of safety in the hospital designated by the Superintendent, there was endorsed on or attached to the container a label indicating that the specimen of blood had been taken from a person having the same name, address, and occupation as the defendant,—
it shall be presumed, until the contrary is proved, that the specimen was taken from the defendant.
“(12)
Every person commits an offence who, being a person from whom a specimen of blood is required to be taken pursuant to subsection (2) of this section, refuses or fails to permit such a specimen to be taken. The provisions of subsections (2), (2a), and (3) of section 58c of this Act shall apply with respect to every offence against this subsection as if it were an offence against subsection (1) of the said section 58c, and subsection (3) of that section shall apply as if the defendant had been required by a constable or traffic officer to permit a specimen of blood to be taken.
“(13)
Notwithstanding anything in any other Act or in any rule of law, any person specified in subsection (4) of this section may, with the general or special approval of the Hospital Board by which he is employed, take for statistical purposes, whether in the hospital at which he is employed or otherwise, a specimen of blood from any person (not being a passenger in the motor vehicle or a person from whom a specimen of blood may be taken pursuant to subsection (2) of this section) who is or appears to be over the age of 15 years and who is received in the hospital at which the person taking the specimen is employed, that other person having been received for examination or treatment as a result of an accident involving any motor vehicle.
“(14)
A specimen of blood taken pursuant to subsection (13) of this section shall be labelled that it was taken for statistical purposes, and evidence as to the proportion of alcohol found in that specimen shall not be admissible in any civil or criminal proceedings in any Court or in any proceedings before any person acting judicially (as defined in section 2 of the Evidence Act 1908).
“(15)
Notwithstanding anything in any other Act or in any rule of law, no proceeding, civil or criminal, shall be taken against the Hospital Board or against any person in respect of the taking of a specimen of blood pursuant to this section, or in respect of the delivery of any specimen of blood to a constable or traffic officer pursuant to this section, on the ground that any person whose consent to the taking of the specimen of blood would have been otherwise required by law if this section had not been enacted has not so consented:
“Provided that nothing in this subsection shall apply with respect to any proceeding on the ground of any negligent act or omission in the taking of any such specimen.
“(16)
Except with the consent of the person from whom the specimen of blood was taken, evidence as to the proportion of alcohol in any specimen of blood taken pursuant to subsection (2) of this section shall not be admissible in any proceedings other than proceedings for any offence against—
“(a)
Section 55(2) of this Act (being an offence committed while under the influence of drink or with an excessive amount of alcohol in his blood); or
“(b)
Section 56(1a) of this Act (being an offence committed while under the influence of drink); or
“(c)
Section 58(1)(a) of this Act; or
“(d)
Section 58(1)(b) of this Act (being an offence committed while under the influence of drink).
“(17)
In this section the expressions ‘hospital’ and ‘Hospital Board’ have the same meanings as in section 2 of the Hospitals Act 1957.”
(2)
Section 30(3) of the principal Act (as enacted by section 2 of the Transport Amendment Act 1970) is hereby amended by omitting from paragraph (ea) (as inserted by section 5 of the Transport Amendment Act (No. 2) 1971) the words “Subsection (7)”
, and substituting the words “Subsection (12)”
.
(3)
The following enactments are hereby consequentially repealed:
(a)
Section 4 of the Transport Amendment Act (No. 2) 1971:
(b)
Section 8 of the Transport Amendment Act 1972.
18 Duties of motor drivers in cases of accidents
(1)
Section 65(1) of the principal Act is hereby amended by adding the following proviso:
“Provided that where the motor vehicle involved in the accident is a fire engine or an ambulance travelling to an emergency, the driver shall be deemed to have complied with the provisions of this subsection if he stops his motor vehicle and sets down a member of the crew of the fire engine or ambulance who is equipped with a first-aid kit and is responsible for discharging, and shall discharge, all the other duties imposed on a driver by this subsection.”
(2)
Section 65(3) of the principal Act is hereby amended by inserting, after the words “at the nearest police station or to a constable”
, the words “or to the nearest office of the Road Transport Division of the Department or to a traffic officer”
.
(3)
Section 65 of the principal Act is hereby further amended by inserting, after subsection (3), the following subsection:
“(3a)
Where an accident report is made pursuant to subsection (3) of this section to a traffic officer other than one employed by the Department, the traffic officer shall forthwith forward to the Secretary an accident report on a form approved by the Secretary.”
(4)
Section 65 of the principal Act is hereby further amended by repealing subsection (5), and substituting the following subsection:
“(5)
Every driver who fails to comply with any obligation imposed on him by subsection (1) of this section in any case where no other person is injured in the accident commits an offence, and is liable to the penalties specified in subsection (3) of section 30 of this Act.”
(5)
The Schedule to the Transport Amendment Act 1970 is hereby consequentially amended by repealing so much thereof as relates to subsection (5) of section 65 of the principal Act.
19 Traffic improvement schools
(1)
Section 68 of the principal Act is hereby amended by adding to subsection (1) (as amended by section 6 of the Transport Amendment Act (No. 2) 1971) the words “or any other course of instruction approved by the Minister, by notice in the Gazette”
.
(2)
Section 68 of the principal Act is hereby further amended—
(a)
By omitting from subsection (2) the words “on behalf of the local authority or the Department, as the case may be, the local authority or the Department”
, and substituting the words “the local authority or the Department or the person or organisation conducting the course”
:
(b)
By omitting from subsection (3)(b) the words “on behalf of the local authority or the Department, as the case may be”
.
(3)
Section 68 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsection:
“(2a)
Any person who has been ordered under subsection (1) of this section to attend a course of instruction shall, not later than 21 days after the completion of the course, pay to the local authority or the Department or the person or organisation conducting the course, as the case may be, the amount of the fee usually charged by that local authority, the Department, or that person or organisation for that course of instruction.”
(4)
Section 68(3) of the principal Act is hereby further amended by adding to paragraph (b) the word “or”
, and by adding the following paragraph:
“(c)
Fails to pay the fee properly payable in respect of that course of instruction within 21 days after the completion of the course.”
20 Powers of constables and traffic officers
(1)
Section 68b of the principal Act (as inserted by section 8(1) of the Transport Amendment Act (No. 2) 1967) is hereby amended by inserting in subsection (2a) (as inserted by section 9(2) of the Transport Amendment Act 1972), after the words “safe condition to use the road”
, the words “may affix or cause to be affixed to the vehicle a notice to that effect in a form prescribed by the Minister by notice in the Gazette and”
.
(2)
Section 68b of the principal Act (as so inserted) is hereby further amended by inserting, after subsection (2b) (as inserted by section 9(2) of the Transport Amendment Act 1972), the following subsection:
“(2c)
Every person commits an offence who removes, obscures, or renders indistinguishable a notice affixed to a vehicle pursuant to subsection (2a) of this section, unless a new certificate of fitness or permit or warrant of fitness, as the case may require, has been obtained for that vehicle.”
21 Powers of traffic officers in respect of heavy motor vehicles
(1)
Section 69a of the principal Act (as inserted by section 22 of the Transport Amendment Act 1968) is hereby amended by repealing subsection (2) (as substituted by section 12 of the Transport Amendment Act (No. 2) 1969), and substituting the following subsections:
“(2)
Where the weight of any heavy motor vehicle on any road is measured by or by the direction of a traffic officer, and the gross weight, or the weight on any wheel, axle, or group of axles of the motor vehicle, exceeds by 20 percent or more or by 5,000 kilograms or more any weight restriction prescribed by regulations made under this Act, then, unless the load on the motor vehicle is indivisible, the traffic officer shall, by direction given to the driver or person in charge of the motor vehicle, direct that—
“(a)
The motor vehicle be kept stopped at that place; or
“(b)
The motor vehicle be removed to a place of safety approved by the traffic officer and be kept stopped at that last-mentioned place—
until such part of the load is removed or the load is so rearranged as to reduce the gross weight and the weight on every wheel, every axle, and every group of axles of the motor vehicle to not more than the maximum so prescribed, or until a permit in writing has been issued pursuant to regulations made under this Act permitting that motor vehicle to proceed along that road with its load.
“(2a)
Where—
“(a)
The weight of any heavy motor vehicle approaching a bridge for which a weight restriction has been prescribed pursuant to regulations made under this Act is measured by or by the direction of a traffic officer; and
“(b)
The gross weight of the motor vehicle, or the weight on any wheel, axle, or group of axles of the motor vehicle, exceeds by 20 percent or more or by 5,000 kilograms or more any weight restriction for that bridge,—
the traffic officer shall, by direction given to the driver or person in charge of the motor vehicle, direct that the motor vehicle shall not be driven on to the bridge until the load or part of the load is removed so as to reduce the gross weight and the weight on every wheel, every axle, and every group of axles to not more than the maximum prescribed for that bridge, or until a permit in writing has been issued pursuant to regulations made under this Act permitting that motor vehicle to proceed on to that bridge with its load.”
(2)
Section 69a of the principal Act (as so inserted) is hereby further amended—
(a)
By omitting from subsection (4)(a) the words “or subsection (3)”
, and substituting the words “or subsection (2a)”
:
(b)
By omitting from subsection (4)(d) the words “or subsection (3)”
, and substituting the words “or subsection (2a)”
:
(c)
By omitting from subsection (5) the words “or subsection (3)”
, and substituting the words “or subsection (2a)”
.
(3)
Section 12 of the Transport Amendment Act (No. 2) 1969 is hereby consequentially repealed.
22 Bylaws as to the use of roads
(1)
Section 72(1) of the principal Act is hereby amended by repealing paragraph (i), and substituting the following paragraph:
“(i)
Prohibiting or restricting absolutely or conditionally any specified class of traffic (whether heavy traffic or not), or any specified motor vehicle or class of motor vehicle which by reason of its size or nature or the nature of the goods carried is unsuitable for use on any road or roads specified in the bylaw:”.
(2)
Section 72(1) of the principal Act is hereby further amended by repealing paragraph (kk) (as inserted by section 11(2) of the Transport Amendment Act 1970), and substituting the following paragraphs:
“(ka)
Prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in one direction to facing or travelling in the opposite direction, or prohibiting vehicles on a roadway, other than vehicles of a class specified in the bylaw, from turning to the right or to the left:
“(kb)
Prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane specified in the bylaw may be used or any turning movement may be made only by omnibuses, taxis, or vehicles of other specified classes or vehicles carrying specified classes of loads:”.
(3)
Section 11 of the Transport Amendment Act 1970 is hereby consequentially amended by repealing subsection (2).
(4)
Bylaws made before the commencement of this section which would have been valid if subsections (1) and (2) of this section had been in force when the bylaws were made are hereby validated and declared to have been lawfully made.
23 Regulations as to road traffic
(1)
Section 77(1) of the principal Act is hereby amended by adding to paragraph (g) the words “and exempting specified motor vehicles or classes of motor vehicles from the provisions of the regulations”
.
(2)
Section 77(1) of the principal Act is hereby further amended by repealing paragraph (y) (as added by section 7 of the Transport Amendment Act (No. 2) 1971), and substituting the following paragraphs:
“(y)
Requiring motorcars and such other classes of motor vehicles as are specified in the regulations (being motor vehicles first registered on or after the 1st day of January 1955 or motor vehicles operated pursuant to section 22(5) of this Act) to be fitted with seat belts of a type approved by the Secretary by notice in the Gazette; requiring that any of the motorcars or other classes of motor vehicles required by the regulations to be fitted with seat belts be fitted with three-point lap and diagonal belts or harnesses of a type so approved; authorising the Secretary to approve the fitting of different types of seat belts for particular vehicles or classes of vehicles where it is not practicable to fit three-point lap and diagonal belts or harnesses; requiring persons of a specified age or over occupying a seat for which a seat belt is provided to wear the seat belt while the vehicle is moving forward; and authorising the Secretary to exempt, whether conditionally or otherwise, specified persons or classes of persons and specified vehicles or classes of vehicles from the requirements of the regulations:
“(z)
Prohibiting or regulating the driving of loose horses, cattle, sheep, pigs, or other animals along any road at night, being the period commencing half an hour after sunset and ending half an hour before sunrise on the following morning.”
(3)
Section 7 of the Transport Amendment Act (No. 2) 1971 is hereby consequentially repealed.
24 Waybill to be carried on heavy motor vehicle
Section 109a of the principal Act (as inserted by section 16 of the Transport Amendment Act (No. 2) 1969) is hereby amended by inserting, after subsection (1b) (as inserted by section 15 of the Transport Amendment Act 1972), the following subsection:
“(1c)
In proceedings for an offence against this Part of this Act relating to the carriage of goods by road on a heavy motor vehicle, evidence given by a traffic officer as to the contents of any waybill carried on the heavy motor vehicle at the time of the commission of the alleged offence, as seen and recorded by him at the time when it was produced to him pursuant to subsection (1) of this section, shall be conclusive evidence—
“(a)
Of the contents of that waybill, until the contrary is proved by the production to the Court of the original waybill or of a duplicate copy thereof made simultaneously with the original; and
“(b)
That goods being carried on the motor vehicle were being carried in accordance with the provisions of that waybill, until the defendant satisfies the Court to the contrary.”
25 Special provisions relating to Regional Authorities
Section 120a of the principal Act (as inserted by section 16 of the Transport Amendment Act 1971) is hereby amended—
(a)
By inserting in subsection (1), after the words “passenger-service licences (not being taxicab-service licences)”
, the words “or to harbour ferry-service licences”
:
(b)
By inserting in subsection (2), after the words “passenger-service licences (other than taxicab-service licences)”
, the words “or to harbour ferry-service licences”
:
(c)
By inserting in subsection (4), after the words “passenger-service licence (other than a taxicab-service licence)”
, the words “or to a harbour ferry-service licence”
:
(d)
By inserting in subsection (8), after the words “passenger-service licence”
, the words “or a harbour ferry-service licence”
:
(e)
By inserting in subsection (9), after the words “passenger-service licence (other than a taxicab-service licence)”
, the words “or of a harbour ferry-service licence”
.
26 Licensing Authority to prescribe terms and conditions of licence
Section 127 of the principal Act is hereby amended by adding the following subsection:
“(6)
Notwithstanding anything in this Act, a rental-service licence (whether issued before or after the commencement of this subsection) shall not authorise the letting on hire of a motor vehicle designed exclusively or principally for the carriage of more than 14 persons (including the driver).”
27 Review of taxicab services
Section 134(2) of the principal Act is hereby amended by omitting the words “exceeding 10,000”
, and substituting the words “exceeding 20,000”
.
28 Leases of taxicab-service licences
The principal Act is hereby further amended by inserting, after section 138, the following section:
“138a
“(1)
Subject to this section and to section 138 of this Act, the following persons, and no others, may apply to the proper Licensing Authority for the right to lease a taxicab licence:
“(a)
The surviving wife or husband of a deceased holder of the licence, where the deceased operated the taxicab service pursuant to that licence for a period of not less than 6 years immediately before his or her death and the surviving wife or husband, having become the beneficial owner of the licence, is not qualified or available to operate the service personally:
“(b)
The executor or administrator or trustee of a deceased holder of the licence in any case where—
“(i)
The surviving wife or husband of the licensee is a beneficiary in the estate of the licensee and as such is entitled to have the ownership of the licence vested in her or him or is entitled to receive the income derived from the operation of the taxicab service; and
“(ii)
The deceased held the licence and operated the taxicab service for a period of not less than 6 years immediately before his death:
“(c)
The holder of the licence, if he has held the licence and operated the taxicab service for at least 6 years and has been engaged continuously in the taxicab-service industry for a period of at least 20 years before making the application and has reached the age of 60 years:
“(d)
The holder of the licence, if he is suffering from an illness or incapacity of such a nature as to prevent him operating the taxicab service and to preclude him from engaging full time in any other employment and has held the licence and operated the taxicab service for at least 3 years before making the application.
“(2)
Application for authority to lease any taxicab-service licence shall be made in the prescribed form, and the provisions of sections 116, 117, and 118 of this Act shall, with the necessary modifications, apply with respect to every such application as if it were an application for a new licence.
“(3)
The Licensing Authority, after duly considering the application, the terms of the proposed lease, and any objections to the application, may refuse to grant consent to the lease of the licence, or may grant consent to the lease upon or subject to the conditions set out in subsection (4) of this section together with such other conditions as it thinks fit; but it shall not grant consent to the lease of the licence unless it is satisfied that the proposed lessee is financially able to carry on the service, is likely to carry it on satisfactorily, and will be able to earn an economic return within the framework of existing fare schedules and taxi drivers’ awards.
“(4)
The following conditions shall, in addition to any other conditions imposed by the Licensing Authority, apply in any case where the Licensing Authority has consented to the lease of a taxicab-service licence:
“(a)
The lease shall be for a period to be specified therein, being not less than one year:
“(b)
For the purposes of sections 128, 129, 130, 135, and 141 of this Act, the lessee shall be deemed to be the licensee of the licence:
“Provided that in any case to which section 135 or section 141 of this Act applies the Licensing Authority, instead of revoking the licence, may revoke its consent to the lease, and thereupon the lease shall be deemed to have been determined:
“(c)
It shall be an implied condition in every lease that if during the term of the lease the lessee dies the lease shall thereby determine and the licence shall immediately revert to the lessor:
“(d)
The lessee shall not assign, transfer, sublease, or in any other way part with the licence:
“(e)
Where the lessee is an individual, the lessee shall personally drive the taxicab operated under the licence for an aggregate period of not less than 40 hours in each week and for an aggregate period of not less than 47 weeks in each period of 52 consecutive weeks:
“Provided that the lessee shall be deemed to have complied with this condition if he is a member of a taxicab organisation which has introduced a roster of duties and he complies in all respects with the terms of the roster, or if he has entered into a continuing agreement with such an organisation to participate in all the communication facilities and participate in any roster of duties when so provided by the organisation and he complies in all respects with the terms of the roster:
“Provided also that it shall not be a breach of this condition if the lessee is unable to comply with its terms because of the illness of the lessee or of mechanical breakdown of or accident to the taxicab operated under the licence or other cause beyond the control of the lessee:
“(f)
Where the lessee is a company, the taxicab operated under the licence is operated for not less than 40 hours in each week and for not less than 47 weeks in each period of 52 consecutive weeks:
“Provided that it shall not be a breach of this condition if the taxicab cannot be so operated by reason of mechanical breakdown or accident or other cause beyond the control of the lessee:
“(g)
The lessee shall observe the terms and conditions of the licence, the provisions of this Part of this Act, and any regulations made under this Part as if he were the licensee:
“(h)
No amendment of the lease shall have effect unless it is consented to by the Licensing Authority. Section 140 of this Act shall apply, with the necessary modifications, to every application to the Licensing Authority for its consent to an amendment of the lease, as if it were an application for the amendment of the licence.
“(5)
The Licensing Authority shall not consent to a lease pursuant to this section if the proposed lessee already holds a lease granted pursuant to this section.
“(6)
In considering any application for consent to the leasing of a taxicab-service licence, the Licensing Authority shall consider all such matters as it considers to be relevant to the application, and shall also consider those matters set out in subsections (2) and (3) of section 121 of this Act as if the proposed lessee were an applicant for a new taxicab-service licence.
“(7)
Where the taxicab-service licence authorises more than one cab authority, each cab authority shall be deemed to be a separate licence for the purposes of this section.
“(8)
If the Licensing Authority grants the application, there shall be issued to the lessee a transport licence in the prescribed form authorising him, as lessee, to carry on the taxicab service in accordance with the terms and conditions imposed pursuant to this Part of this Act.
“(9)
Within 28 days after the approval of any application under this section, the lessor shall forward to the Licensing Authority a signed copy of the lease.”
29 Refund of motor spirits duty
(1)
Section 188 of the principal Act (as substituted by section 24 of the Transport Amendment Act (No. 2) 1969) is hereby amended by repealing subsection (6), and substituting the following subsection:
“(6)
The refunds authorised by this section shall be paid in respect of motor spirits used as described in column 1 of the table following this subsection and to the extent specified in column 2 of that table, and shall be paid from the National Roads Fund. The table referred to in this subsection is as follows:
Table of Refunds of Motor Spirits Duty
|
Column 1 Use of Motor Spirits Entitling Refund of Motor Spirits Duty |
Column 2 Amount of Refund per Litre of Motor Spirits |
|---|---|
| c | |
| Used as fuel in a Class A motor vehicle | 4.0 |
| Used as fuel in a Class B motor vehicle | 4.0 |
| Used as fuel in a Class C motor vehicle | 2.9 |
| Used as fuel in a passenger-service vehicle | 0.7 |
| Used otherwise than as fuel in a motor vehicle | 4.0” |
(2)
Clause 6 of the Second Schedule to the principal Act (as substituted by section 13(1) of the Transport Amendment Act 1965) is hereby amended by repealing paragraph (b), and substituting the following paragraph:
“(b)
Be reduced or increased, as the case may require, proportionately to every reduction or increase, as the case may be, in the rate of motor spirits duty imposed on motor spirits under the Motor Spirits Duty Act 1961.”
(3)
Paragraphs (b) and (c) of section 8(2) and section 10 of the Transport Amendment (No. 2) Act 1971 are hereby consequentially repealed.
30 Mileage tax on certain classes of motor vehicle
Section 190 of the principal Act (as substituted by section 24 of the Transport Amendment Act (No. 2) 1969) is hereby amended by inserting, after subsection (10), the following subsection:
“(10a)
In proceedings for any offence against this section the production of a certificate purporting to be signed by an officer of the Post Office authorised by the Director-General of the Post Office in that behalf, either generally or in any particular case, certifying that the owner of a motor vehicle has failed to lodge a return in the prescribed form as required by subsection (3) of this section or that the owner of a motor vehicle has failed to pay any tax or penalty as prescribed in subsection (4) or subsection (5) of this section shall, until the contrary is proved, be sufficient evidence of the matters so certified. Any person signing any such certificate shall, until the contrary is proved, be presumed to be duly authorised to sign it, and it shall not be necessary for any such certificate to show on its face that the officer signing it was so authorised.”
31 Time for instituting proceedings
(1)
The principal Act is hereby further amended by repealing section 195, and substituting the following section:
“195
“(1)
In any proceedings for an offence punishable on summary conviction against any Act, regulation, or bylaw relating to the use of motor vehicles, the Court may dismiss the information if it is satisfied that the person charged has been prejudiced in his defence by any unreasonable delay in instituting the proceedings or in notifying him of the time, place, and nature of the offence. If any delay in instituting the proceedings has been caused by a change in the address of the defendant, this shall not be deemed to be unreasonable delay for the purposes of this subsection.
“(2)
Section 14 of the Summary Proceedings Act 1957 shall not apply with respect to a prosecution for an offence against—
“(a)
Section 9(7) of this Act (which relates to the registration of a motor vehicle the registration of which is still in force):
“(b)
Section 15 of this Act (which relates to unauthorised, deceptive, or obscured registration plates and to the use of unauthorised licences):
“(c)
Part III of this Act (which relates to the licensing of drivers of motor vehicles) or any regulations made pursuant to any provision of that Part:
“(d)
Section 35 of this Act (which relates to driving while disqualified or contrary to the terms of a limited licence).”
(2)
Section 9 of the principal Act is hereby consequentially amended by repealing subsection (8).
32 Registration and annual licence fees
(1)
The First Schedule to the principal Act (as substituted by section 2(4) of the Transport Amendment Act 1967) is hereby amended by repealing that part of Part I that was substituted by section 20(1) of the Transport Amendment Act 1972, and substituting the following words:
“Nothing in clauses 2, 3, 4, 5, and 7 of this Part of this Schedule shall apply with respect to any motor vehicle to which clause 1 or clause 1a of this Part applies.”
(2)
The First Schedule to the principal Act (as so substituted) is hereby further amended by repealing that part of Part II that was substituted by section 20(2) of the Transport Amendment Act 1972, and substituting the following words:
“Nothing in clauses 1, 2, 4, 5, and 7 of this Part of this Schedule shall apply with respect to any motor vehicle to which clause 3 or clause 3a of this Part applies.”
(3)
Section 20 of the Transport Amendment Act 1972 is hereby consequentially repealed.
33 Metrication
The principal Act is hereby further amended—
(a)
By omitting from the second proviso to the definition of the term “axle”
in section 2(1) (as substituted by section 2(1) of the Transport Amendment Act 1972) the words “3 feet 4 inches”
, and substituting the words “1 metre”
:
(b)
By omitting from the definition of the expression “heavy motor vehicle”
in section 2(1) (as so substituted) the words “4,500 pounds”
, and substituting the words “2,000 kilograms”
:
(c)
By omitting from section 109(1) the words “2½ tons”
, and substituting the words “2,500 kilograms”
:
(d)
By omitting from section 109(2) (as amended by section 15 of the Transport Amendment Act (No. 2) 1969) the words “5 tons”
, and substituting the words “5,000 kilograms”
:
(e)
By omitting from section 143(2)(b) (as substituted by section 18(1) of the Transport Amendment Act (No. 2) 1969) the words “6½ tons”
, and substituting the words “6,500 kilograms”
:
(f)
By omitting from section 143(4) (as added by section 18(2) of the Transport Amendment Act 1971) the words “2 tons”
, and substituting the words “2,000 kilograms”
.
34 Repeals
The following enactments are hereby repealed:
(a)
Section 25 of the Transport Amendment Act 1972:
(b)
Section 5(b) of the Transport Amendment Act 1973.
This Act is administered in the Ministry of Transport.