Transport Amendment Act (No. 2) 1967
Transport Amendment Act (No. 2) 1967
Transport Amendment Act (No. 2) 1967
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Transport Amendment Act (No. 2) 1967
Public Act |
1967 No 153 |
|
Date of assent |
24 November 1967 |
|
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 (No. 2) 1967, and shall be read together with and deemed part of the Transport Act 1962 (hereinafter referred to as the principal Act).
(2)
Section 4 of this Act shall come into force on the first day of January, nineteen hundred and sixty-eight.
(3)
Except as provided in subsection (2) of this section, this Act shall come into force on the date of its passing.
2 Application of disqualification provisions where offender is already a disqualified person
Section 33 of the principal Act is hereby amended by omitting from subsection (1), and also from subsection (2) and from subsection (3), the words “Where a person disqualified from holding or obtaining a driver’s licence commits while so disqualified”
, and substituting in each case the words “Where a person, while disqualified from holding or obtaining a driver’s licence, is convicted of”
.
3 Procedure on partial exemption from disqualification
(1)
Section 35b of the principal Act (as inserted by section 9 of the Transport Amendment Act 1966) is hereby amended by adding to subsection (2) the words “unless the holder is a person to whom subsection (2) of section 37 of this Act applies, in which case the Registrar shall forward the licence to the local authority by which the licence was issued or, in the case of a licence issued by the Commissioner, to the Commissioner”
.
(2)
Section 35b of the principal Act (as so inserted) is hereby further amended by adding the following subsection:
“(3)
Where a licence is required to be endorsed pursuant to this section, then, unless the licence has been returned to the holder under subsection (2) of this section, the Registrar of the Court, when notifying the local authority by which the licence was issued, or the Commissioner in the case of a licence issued by the Commissioner, of particulars of the order of the Court, may authorise the local authority or the Commissioner, as the case may be, to endorse those particulars on the licence, and the local authority or the Commissioner, as the case may be, shall endorse those particulars on the licence accordingly, and, notwithstanding anything in subsection (2) of this section, shall return the licence to the holder:
“Provided that where the holder is a person to whom subsection (2) of section 37 of this Act applies, the local authority or the Commissioner, as the case may be, shall not return the licence to him until he has passed the tests prescribed by that section.”
4 Driving tests for disqualified drivers
(1)
Section 37 of the principal Act is hereby amended by adding, as subsections (2) to (5), the following subsections:
“(2)
Where, after the commencement of this subsection, the holder of a driver’s licence is disqualified from holding or obtaining a driver’s licence for a period of more than twelve months or for two or more cumulative periods totalling more than twelve months, and his disqualification will expire before the expiration of the term of the licence, the licence shall, on the expiration of his disqualification, continue to be of no effect until the holder thereof undergoes and passes such tests as are prescribed for a driver’s licence authorising him to drive motor vehicles of the class or classes that he was authorised to drive by virtue of his driver’s licence or any of those classes.
“(3)
Where any person to whom subsection (2) of this section applies—
“(a)
Is the holder of a driver’s licence by virtue of which he is authorised to drive two or more classes of motor vehicles; and
“(b)
Undergoes and passes such tests as are prescribed in relation to only one or more but not all of the classes of motor vehicles that he is authorised to drive by virtue of his licence,—
the local authority on behalf of which the tests were conducted shall endorse the licence accordingly, and thereupon, notwithstanding anything in subsection (2) of this section, that person shall be authorised to drive by virtue of that licence only motor vehicles of a class or classes in respect of which he has passed those tests.
“(4)
The provisions of subsection (2) of this section shall not apply to the holder of a driver’s licence in respect of whom an order of a Court is made under the provisions of section 35, section 35a, or section 42 of this Act before the expiration of twelve months after the date of the commencement of the period of disqualification, or, where he is disqualified for two or more cumulative periods, before the expiration of twelve months after the date of the commencement of the first period of disqualification.
“(5)
The provisions of subsection (2) of this section shall apply to the holder of a driver’s licence in respect of whom any order specified in subsection (4) of this section is made twelve months or more after the date of the commencement of the period of disqualification, or, where he is disqualified for two or more cumulative periods, twelve months or more after the date of the commencement of the first period of disqualification, as if that period had expired on the date of the making of the order.”
(2)
Section 41 of the principal Act is hereby amended by adding the following proviso:
“Provided that where the person entitled to the licence is a person to whom subsection (2) of section 37 of this Act applies, the licence shall not be returned to him until he has passed the tests prescribed by that section.”
5 Appeal against refusal of application for removal of or exemption from disqualification or suspension
The principal Act is hereby further amended by inserting, after section 42, the following section:
“42a
Where any application for an order under section 35, or section 35a, or section 42, or section 51I of this Act is refused, in whole or in part, by a Magistrate’s Court, the applicant may appeal against the refusal of the order to the Supreme Court, and in any such case the provisions of Part IV of the Summary Proceedings Act 1957 shall, with the necessary modifications, apply.”
6 Endorsement of drivers’ licences
The principal Act is hereby further amended—
(a)
By repealing sections 44 and 46:
(b)
By repealing so much of Parts I and II of the Third Schedule as relates to the endorsement of drivers’ licences:
(c)
By repealing clause 2 of Part V of the Third Schedule.
7 Driving tests ordered by Court
Section 68a of the principal Act (as inserted by section 14 of the Transport Amendment Act 1966) is hereby amended by adding to subsection (3) the words “or is authorised to carry out tests for the local authority in whose district the person undergoing the test resides”
.
8 New sections (as to powers of constables and traffic officers) inserted
(1)
The principal Act is hereby further amended by inserting, after section 68a (as so inserted), the following sections:
“68b Powers of constables and traffic officers
“(1)
Every constable or traffic officer, if for the time being in uniform or in possession of any warrant or other evidence of his authority as a constable or traffic officer, is hereby authorised to enforce the provisions of this Act and any regulations or bylaws for the time being in force under this Act, and in particular may at any time—
“(a)
Direct any person being in charge of or in any vehicle, whether on a road or not, or any person on any road to furnish his name and address and give any other particulars required as to his identity and give such information as is within his knowledge and as may lead to the identification of the driver or person in charge of any vehicle:
“(b)
Inspect, test, and examine the brakes or any other part of any vehicle on any road or any equipment thereof:
“(c)
At the expense of the owner, move or cause to be moved to any place of safety any vehicle on any road, if the constable or traffic officer believes on reasonable grounds that it causes an obstruction in the road or to any vehicle entrance to any property or its removal is desirable in the interests of road safety or for the convenience or in the interests of the public:
“(d)
Direct the driver or person in charge of any vehicle on any road to remove the vehicle from the road or any specified part of any road, if the constable or traffic officer believes on reasonable grounds that it causes an obstruction in the road or to any vehicle entrance to any property or its removal is desirable in the interests of road safety or for the convenience or in the interests of the public.
“(2)
Any such constable or traffic officer, if he believes on reasonable grounds that any vehicle does not comply with the provisions of any regulations for the time being in force under this Act, may, by notice in writing given to the driver or owner of the vehicle, direct that the vehicle be not used on any road, and that notice shall continue in force until the vehicle has been made to comply with the provisions of any such regulations as aforesaid:
“Provided that any such notice may be subject to a condition to the effect that the vehicle may continue to be used to reach any specified place for repair or may continue to be used for a given time or under limitations as to speed or route or otherwise.
“(3)
Every person to whom any direction is given pursuant to this section shall comply with that direction, and no person shall do any act which is for the time being forbidden pursuant to this section:
“Provided that no person shall be deemed to have committed a breach of this subsection in so far as it relates to a prohibition under subsection (2) of this section, unless the Court is satisfied that the constable or traffic officer had reasonable grounds for believing that in all the circumstances of the case the prohibition was necessary in the interests of the safety of the driver or person in charge of the vehicle or of any other person or of the public.
“68c Drivers and pedestrians to comply with traffic directions
Where any constable in uniform, or any traffic officer wearing a distinctive cap, hat, or helmet with a badge of authority affixed thereto, is for the time being engaged in the regulation of traffic on a road—
“(a)
Every person using any vehicle or riding or driving any animal on the road shall stop the vehicle or animal, as the case may be, or cause it to proceed in or keep to a particular line of traffic or direction, when directed so to do by the constable or traffic officer:
“(b)
No pedestrian shall proceed across the road in contravention of a direction to stop given by the constable or traffic officer, either to pedestrians or to pedestrians and other traffic.”
“68d Jurisdiction of traffic officers
Any power or authority conferred on a traffic officer by this Act or by any regulations or bylaws for the time being in force under this Act shall be exercisable as follows:
“(a)
A traffic officer who is an officer of the Department shall be entitled to exercise any such power or authority on any road:
“(b)
A traffic officer who is not an officer of the Department shall be entitled to exercise any such power or authority—
“(i)
On any road which is under the control of the local authority or other authority by which he has been appointed as a traffic officer:
“(ii)
On any other road, for the purpose of identifying or arresting, pursuant to section 62 of this Act, the driver or person in charge of the motor vehicle or of identifying the motor vehicle or of preventing the continuance of the offence, where he has good cause to suspect that an offence against this Act or any regulations or bylaws in force under this Act has been committed by the driver or person in charge of any motor vehicle within the district of that local authority or, as the case may be, in the area under the control of that other authority, and it is necessary for him to proceed beyond that district or area for that purpose.
“Provided that a traffic officer who is not an officer of the Department may exercise any such power or authority on any road which is not under the control of the local authority or other authority by which he has been appointed as a traffic officer in any case where he believes on reasonable grounds that it is necessary for him to exercise that power or authority in order to deal with any accident or emergency or to prevent the continuance of any danger to the public or to any person.”
(2)
Subclause (2) of regulation 4 and regulation 5 of the Traffic Regulations 1956 are hereby revoked.
9 Use of hovercraft on roads
(1)
The principal Act is hereby further amended by inserting, after section 71, the following heading and section:
“Hovercraft
“71a
“(1)
No person shall use any hovercraft on or over any road otherwise than pursuant to the authority of and in conformity with the written permission of the Commissioner granted under this section.
“(2)
The Commissioner may from time to time give written permission, whether unconditionally or upon or subject to such conditions as he thinks fit, for the use of any hovercraft on or over any road.
“(3)
Any such permission may be granted for the use of any hovercraft on or over roads generally or any specified road or roads and for such period as the Commissioner thinks fit, and may at any time be varied or revoked in writing by the Commissioner.”
(2)
Section 2 of the principal Act is hereby amended by inserting in subsection (1), after the definition of the term “heavy traffic”
, the following definition:
“‘Hovercraft’ means a contrivance propelled by mechanical power which is designed to be supported by and to move on a cushion of air created by downward thrust from its motor:”.
10 Removal of abandoned vehicles from roads
Section 76 of the principal Act is hereby amended by inserting, after subsection (3a) (as inserted by section 16 of the Transport Amendment Act 1966), the following subsections:
“(3b)
A local authority which has removed a motor vehicle from a road pursuant to subsection (1) of this section shall, where it is practicable so to do, give notice to the last registered owner and the immediately preceding registered owner of the motor vehicle of its intention to sell the vehicle.
“(3c)
Before applying to a Magistrate’s Court under subsection (3a) of this section for an order authorising it to take possession of and remove a motor vehicle, a local authority shall, where it is practicable to do so, give notice to the last registered owner and the immediately preceding registered owner of the motor vehicle of its intention to apply to the Court.”
11 Regulations as to design and construction of motor vehicles
Section 77 of the principal Act is hereby amended by inserting in subsection (1), after paragraph (e), the following paragraph:
“(ee)
Prescribing for the safety of the public or of any person matters in relation to the design and construction of motor vehicles manufactured, assembled, or modified in New Zealand and intended to be used on roads, or of any specified classes of such motor vehicles, or of such motor vehicles manufactured, assembled, or modified by any specified classes of persons, or in relation to any components or equipment manufactured in New Zealand for use in motor vehicles:”.
12 Applications for taxicab service licences
Section 121 of the principal Act is hereby amended by adding the following subsection:
“(3)
Where the application is made by a company, the Licensing Authority shall take into account the personal character and fitness of the directors and general manager of the company and of such other responsible officers of the company as the Licensing Authority thinks fit.”
13 Passenger service carried on by licensee under contract with local authority or public body
The principal Act is hereby further amended by inserting, after section 185, the following section:
“185a
“(1)
Where any local authority or public body proposes to enter into a contract with any licensee of a passenger service to provide the licensee with financial assistance in respect of any service carried on or to be carried on either partly or wholly in the district of the local authority or public body, as the case may be, and the parties to the proposed contract are unable to agree as to the extent of the assistance to be provided, the Commissioner shall, on the application of the parties to the proposed contract, determine the extent of financial assistance to be provided by the local authority or public body under the proposed contract, and, subject to the provisions of subsection (2) of this section, the determination of the Commissioner shall have effect for the purposes of the proposed contract as if it had been agreed to by all the parties thereto.
“(2)
The provisions of this Part of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every determination of the Commissioner under this section as if it were an order of the Commissioner under this Part prescribing charges for the carriage of passengers.
“(3)
In this section the term ‘public body’ includes the Auckland Regional Authority.”
14 Repeal
Section 188 of the principal Act is hereby amended by repealing subsection (11).
15 Personation or obstruction of traffic officers
(1)
The principal Act is hereby further amended by inserting, after section 192, the following section:
“192a
Every person commits an offence who—
“(a)
Not being a traffic officer, by words, conduct, or demeanour pretends that he is a traffic officer or puts on or assumes the dress, name, designation, or description of a traffic officer; or
“(b)
Wilfully obstructs, or incites or encourages any person to obstruct, any traffic officer in the execution of his duty.”
(2)
Paragraphs (e) and (f) of regulation 131 of the Traffic Regulations 1956 are hereby revoked.
16 Failure to carry out contract of hiring a taxicab
Section 193 of the principal Act is hereby amended by repealing subsection (1b) (as inserted by section 12 of the Transport Amendment Act (No. 2) 1965), and substituting the following subsection:
“(1b)
Where proceedings are taken against a taxicab organisation for an offence against any regulations under this Act of failing to ensure that a contract of hiring of a taxicab accepted by it to be carried out by one of its members or by a licensee of a taxicab service who has entered into a continuing agreement with the organisation to participate in its communication facilities and any roster of duties provided by the organisation is carried out, it shall be a defence if the defendant proves that it had a reasonable excuse for that failure.”
17 Proof of previous convictions
The principal Act is hereby further amended by inserting, after section 197, the following section:
“197a
“(1)
Where any person is charged in a Magistrate’s Court with any offence under this Act or any regulation or any bylaw made or continuing in force under this Act, the informant may serve on the defendant a notice in writing specifying any alleged previous conviction proposed to be brought to the notice of the Court in the event of his conviction of the offence charged.
“(2)
Any such notice shall specify—
“(a)
The date of the alleged conviction; and
“(b)
The Court in which the conviction was entered; and
“(c)
The nature of the offence; and
“(d)
The sentence of the Court in respect of the conviction (including any order of the Court made on the conviction); and
“(e)
A statement to the effect that the Court may, where the defendant is not present in person before the Court and has not notified the Court in writing that he disputes any such conviction or any material details in connection with the conviction, in the event of the conviction of the defendant take into account any conviction specified in the notice as if the defendant had been present in person and admitted it.
“(3)
In the event of the conviction of the defendant and upon proof that the notice was served on him not less than seven clear days previously, the Court may, if the defendant is not present in person before the Court and has not notified the Court in writing that he disputes the conviction or any material details in connection with the conviction, take into account any conviction specified in the notice and the particulars concerning it as specified in the notice, as if the defendant had been present in person and admitted the conviction and those particulars.
“(4)
Service on the defendant of any notice under this section shall be effected in the manner specified in section 24 of the Summary Proceedings Act 1957, and the provisions of that section shall apply to such service.”
This Act is administered in the Transport Department.
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Versions
Transport Amendment Act (No. 2) 1967
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