ROAD AND AIR TRANSPORT COMMISSION

1966.] Road and Air Transport [No. 53.Commission.

ROAD AND AIR TRANSPORTCOMMISSION.

No. 53 of 1966.

AN ACT to establish a Commission to control andlicense the transport of passengers and goodsby Road and by Air and for incidental andother purposes.

[Assented to 5th December, 1966.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the LegislativeAssembly of Western Australia, in this presentParliament assembled, and by the authority of thesame, as follows:—

PART I.-PRELIMINARY.

1. This Act may be cited as the Road and Air Short title.

Transport Commission Act, 1966.

The sectional references in the marginal notes of this Act are a reference tosections of the State Transport Co-ordination Act, 1933.

Commence-ment.

Parts andDivisions.8.2.

No. 53.] Road and Air Transport [1966.Commission.

2. This Act shall come into operation on the dateon which the State Transport Co-ordination Act,1966, comes into operation.

3. This Act shall be divided into Parts andDivisions, as follows:—

PART I.—PRELIMINARY.—Ss. 1-6.

PART II.—ADMINISTRATION.—Ss. 7-18.

Division 1.—Commissioner of Transport-Constitution—Officers.—Ss. 7-15.

Division 2.—Powers of Commissioner ofTransport.—Ss. 16-18.

PART III.—LICENCES.—Ss. 19-47.

Division 1—General Provisions relating toLicensing of Public Vehicles.—Ss. 19-23.

Division 2—Omnibuses.—Ss. 24-32.

Division 3—Commercial Goods Vehicles.—Ss. 33-42.

Division 4—Aircraft--Ss. 43-47.

PART IV.—MISCELLANEOUS.—Ss. 48-63.

Interpre-tation.S. 3.

4. (1) In this Act, unless the contrary intentionappears,

"commercial goods vehicle" means a vehicle,other than a vehicle propelled by animal orhuman power, only, operating or used orintended to be used, on roads or streets forthe transport of goods and includes anysuch vehicle so used or operated or used orintended to be used by or on behalf of theCrown for the carriage of goods for hire orreward and whether in connection with arailway or not;

"Commissioner" means the Commissioner ofTransport constituted under this Act;


"Deputy Commissioner" means the personappointed under this Act to the office ofDeputy Commissioner of Transport;

"goods" means chattels of every description;

"gross weight", in relation to a commercialgoods vehicle, means the sum, expressed inhundredweights, of the unladen weight ofthe vehicle and the load that it isauthorised, by its licence under this Act,to carry;

"licence" means a licence or permit issuedunder this Act and for the time being inforce, and the verb "to license" has a cor-responding meaning;

"local authority" means the council of a muni-cipality constituted under the LocalGovernment Act, 1960;

"officer" means an officer, clerk, servant, orother person in the, employ of the Com-missioner, and includes a member of thePolice Force, or any other person acting inpursuance of powers or duties conferredupon him by or under this Act, and anyperson utilised by the Commissioner pur-suant to subsection (3) of section fifteen,or any other provision of this Act;

"omnibus" means a motor vehicle used orintended to be used as a passenger vehicleto carry passengers at separate fares andincludes any such vehicle so used orintended to be used by or on behalf of theCrown or an agency of the Crown, otherthan the Metropolitan (Perth) PassengerTransport Trust, and whether in connectionwith a railway or not;

"operate", as applied to a vehicle, means tocarry, or offer to carry, passengers or goodsfor hire or for any consideration, or in thecourse of or in connection with any tradeor business whatever;


"owner", in relation to a vehicle, includes everyperson who-

(a) is the owner or a co-owner of thevehicle; or

(b) has the use of the vehicle under ahiring, lease or hire-purchase agree-ment,

but does not include an unpaid vendor ofthe vehicle under a hire-purchase agree-ment;

"permit" means a permit issued under this Actand for the time being in force;

"public vehicle" means any vehicle that isrequired to be licensed under this Act;

"road" includes any street or place open to orused by the public, and all bridges andculverts and other things appurtenantthereto and used in connection therewith;

"railway" means a railway within the meaningof the Government Railways Act, 1904;

"Schedule" means a schedule to this Act;

"section" means a section of this Act;"vehicle" means a vehicle propelled by any

means, other than animal or human power,and includes an aircraft, but does notinclude a vehicle used on a railway.

(2) For the purposes of this Act, a trailer anda semi-trailer is a vehicle separate from, and isdeemed to be driven by the driver of, the vehicleby which it is drawn.

Act to be read 5. This Act shall be construed subject to thesuCp

bmm

ecotnto- Commonwealth of Australia Constitution Act, and

wealthConstitution. so as not to exceed the legislative power of theS. 4. State, to the intent that, where any provision hereof

would, but for this section, be construed as beingin excess of that power, it shall nevertheless be avalid enactment to the extent to which it is notin excess of that power.


6. (1) All the right, title and interest of theCommissioner of Transport constituted under theState Transport Co-ordination Act, 1933, existingimmediately prior to the coming into operation ofthis Act, in and to all property owned by thatCommissioner shall, by force of this section, betransferred to and vested in the Commissioner,under this Act.

(2) Subject to this Act, all rights, obligations andliabilities of the Commissioner of Transport, underthe State Transport Co-ordination Act, 1933,existing immediately prior to the commencementof this Act, shall, by force of this section, be vestedin, or imposed on, the Commissioner, and areference in a law of the State, contract, agree-ment or other instrument in force immediatelyprior to the coming into operation of this Actshall be read as a reference to the Commissioner,constituted under this Act.

(3) Any right of action or power of prosecutionhad by or against the Commissioner of Transport,under the State Transport Co-ordination Act, 1933,shall continue to be had by and may be enforcedby or against the Commissioner.

Transition.S. 4A.

PART IL—ADMINISTRATION.

Division 1.—Commissioner of Transport—Constitution-Officers.

7. (1) For the purposes of this Act there shall Ctommisibe a Commissioner of Transport who shall be "r=p°ort.appointed and hold office as provided in section 8. 4B.

nine.

(2) Subject to this Act and to the general controlof the Minister, the Commissioner is responsible forthe administration of this Act.

(3) For the purposes of this Act the Commis-sioner of Transport

(a) is a body corporate;(b) shall have a seal; and

No. 53.] Road and Air Transport [1966.Commission

(c) is capable of acquiring, holding, givingsecurity over and disposing of real andpersonal property and of suing and beingsued in his corporate name.

(4) All courts and judges and persons actingjudicially shall take judicial notice of the seal ofthe Commissioner affixed to any document andshall presume that it was duly affixed.

DeputyCommis-sioner.B. 9C.

8. (1) The Commissioner shall be assisted by aDeputy Commissioner of Transport who shall beappointed and hold office as provided in sectionnine.

(2) The Deputy Commissioner shall give suchadvice and assistance to the Commissioner as theCommissioner requires and shall perform suchduties as the Commissioner directs.

Appointment 9. (1) The Commissioner and Deputy Com-of Com-missioner missioner-and DeputyCommis-sioner, term (a) shall be appointed by the Governor forand con-ditions of such period, not exceeding seven years, asappointment. the Governor determines, but are eligibleS. 4D. for re-appointment;

(b) shall hold office for the term for which eachis appointed subject to the provisions ofthis Act;shall not be financially interested, otherthan in their respective capacities as Com-missioner or Deputy Commissioner and forthe purposes of this Act, in any form oftransport service or contract relating totransport; and

(d) shall be paid such salary and allowancesas the Governor determines.

(2) The Governor may terminate the appoint-ment of the Commissioner or Deputy Commissionerfor inability, inefficiency or misbehaviour.

(3) Notwithstanding the foregoing provisions ofthis section, the persons who, on the coming intooperation of this Act, hold office, respectively, as

(c)


Commissioner of Transport and as Deputy Com-missioner of Transport, under the State TransportCo-ordination Act, 1933, are, by force of thissubsection, appointed to the respective offices ofCommissioner and Deputy Commissioner under thisAct, and each shall hold office for the portion ofthe term for which he was so appointed under theState Transport Co-ordination Act, 1933, that isunexpired on the coming into operation of this Act.

10. If the Commissioner or Deputy Commis- 01, fircaet loofa of

sioner-

(a) becomes permanentlyforming his duties;

(b) engages, without the approval in writingof the Minister, in any paid employmentoutside the duties of his office;

(c) becomes bankrupt, applies to take thebenefit of any law for the relief of bankruptor insolvent debtors, compounds with hiscreditors or makes an assignment of hissalary for their benefit; or

(d) resigns his office in writing under hishand addressed to the Governor, and theresignation has been accepted,

the office of the Commissioner or the Deputy Com-missioner, as the case requires, shall be vacated.

11. If the person appointed to the office ofCommissioner or Deputy Commissioner is an officerwithin the meaning of the Public Service Act, 1904,the appointment shall be without prejudice to theprovisions of that Act and all other Acts applyingto that person as such an officer and does notprejudice his rights as such under any of those Acts.

Appointmentof officerunder PublicService Act,1904, not toPrejudicehis rightsUnder thatAct, etc.S. 4P.

Depu C12. In the case of illness, suspension or absence miss tyoner

om-

of the Commissioner, the Deputy Commissioner to act forCommis-

shall act as the deputy of the Commissioner during stoner incertain cases.

the illness, suspension or absence and he has, while S. 4G.

so acting, all the powers and shall perform all theduties of the Commissioner.

Commis-sioner orDeputy

incapable of per- Commis-sioner.S. 4E.

Leave ofabsence.S. 413.

Aitnualreport.S. 5 (2).

Secretaryand officersof Com-mission.S. 9.


13. The Minister may grant leave of absence tothe Commissioner and Deputy Commissioner uponsuch terms and conditions as to the payment ofsalary and otherwise as the Minister determines.

14. (1) As soon as may be after the thirtieth dayof June in each year, the Commissioner shall causea report to be prepared containing

(a) a statement relating to the proceedingsand work of the Commissioner, during thefinancial year then last preceding; and

(b) any comments that the Commissionerthinks desirable to make, relating to theadministration or operation of this Act.

(2) The annual report of the Commissioner shallbe laid before both Houses of Parliament not laterthan the fourteenth day of November in each year,if Parliament is then sitting, otherwise within thesix sitting days of each House next following thatmonth.

15. (1) The Governor may appoint a secretaryto the Commissioner, and any other officers andservants of the Commissioner necessary for thecarrying out of the provisions of this Act.

(2) Any person so appointed may, if required bythe terms of his appointment to give the whole ofhis time to the service of the Commissioner, heappointed under and be subject to the Public ServiceAct, 1904.

(3) The Commissioner may, with the consent ofthe Minister administering any department of thepublic service, or the Main Roads Act, 1930, makeuse of the services of any person employed in thatdepartment, or under the provisions of that Act,for the purpose of carrying out the provisions of thisAct


Division 2.—Pozvers and Duties of the Commissioner.

16. (1) The Commissioner, under the directionof the Minister, shall

(a) call tenders for the provision of roadtransport, with or without invitingpremiums or offering subsidies, where, inthe opinion of the Minister, the require-ments of a district are not adequatelyserved by any form of transport; and

(b) administer and direct the payment of suchsubsidies with respect to the provision oftransport as may be authorised pursuantto this Act.

(2) The Commissioner shall consider anddetermine all applications for licences in respect ofpublic vehicles and may, without limiting any ofthe provisions of this Act,

(a) specify any particular conditions that theCommissioner may impose on the grantingor holding of a licence; and

(b) determine in respect of any particularlicence or group of licences the conditionsthat shall be imposed on the granting andholding of the licence or licences.

17. (1) The Commissioner may, in callingtenders under section sixteen, call them subject toany one or more of the conditions, as he thinks fit,to be imposed as a condition or as conditionsprecedent, that the tenderer will, if his tender isaccepted,

(a) provide a minimum service, as specified bythe Commissioner;

(b) provide the minimum service for aminimum period, as specified by theCommissioner;execute jointly and severally, with suretiesof a number and kind to be approved bythe Commissioner, a bond in favour of theCommissioner, binding the tenderer and hissureties to the Commissioner in an amountto be specified by the Commissioner for thedue performance of any condition imposedby the Commissioner.

(c)

Powers andauthorities.8. 10.

Conditionsof tender.S. 12.


(2) The imposition, by the Commissioner, ofconditions on a licence pursuant to this section doesnot preclude his imposition of conditions on thelicence pursuant to section sixteen.

(3) Where a tenderer who has been granted alicence subject to conditions, including the executionof a bond, imposed under the authority of thissection, and thereafter fails, in any respect, duly toperform any one of the conditions, then, withoutprejudice to the right or power of the Commissionerunder this Act to cancel the licence granted to thetenderer, the Commissioner may take any proceed-ings at law or in equity in any court of competentjurisdiction to enforce payment under the bondagainst all or any of the persons thereby bound.

Delegation.S. 10A.

18. (1) The Commissioner may, and shall at therequest of the Minister to the extent specified in therequest, either generally or in relation to anyparticular matter, by writing under his seal, delegateto the Deputy Commissioner any of his powers orfunctions under this, or any other, Act, except thispower of delegation, so that the delegated powersand functions may be exercised by the DeputyCommissioner in accordance with the instrument ofdelegation.

(2) A delegation under this section is revocableat will by the Commissioner, but where thedelegation was made at the request of the Ministerthe Commissioner shall not revoke the delegationunless the Minister so directs and a delegation doesnot prevent the exercise of any power or functionby the Commissioner.

PART III.—LICENCES.

Division 1—General Provisions relating to Licensingof Public Vehicles.

Applicationof Part.Ss. 14A and15 (4).

19. (1) Notwithstanding the provisions of anyother Act, but subject to subsection (2) of thissection, this Part applies to all vehicles operatedincluding vehicles operated by the Crown, or by an


agency of the Crown, in right of the State, otherthan such as are operated under the Metropolitan(Perth) Passenger Transport Trust Act, 1957.

(2) The Minister may, by notice published in theGovernment Gazette, exempt any vehicle or class ofvehicles or any part of the State from the provisionsof this Part, subject to any conditions that may beset out in the notice.

20. (1) Every vehicle that is operated after the Vehiclescoming into operation of this Act is required to be gleelricaeneged.

licensed under this Part. a 14.

(2) This section does not apply to any journeymade for reward by a motor vehicle, that is not acommercial goods vehicle or omnibus, on anyoccasion with respect to which the Commissioner issatisfied that a special emergency justified themaking of the journey.

(3) A vehicle that, on the date of the coming intooperation of this Act is licensed pursuant to theState Transport Co-ordination Act, 1933, is deemedto be licensed pursuant to this Part, and the licenceor permit is valid for the period that is unexpired onthat date.

21. (1) The following fees are payable to theCommissioner, in respect of every public vehiclelicence, namely,

(a) for an omnibus licence under Division 2of this Part or for an aircraft licenceunder Division 4 of this Part, a feedetermined by the Commissioner, and tobe assessed and payable in mannerprescribed, based on the earnings of thevehicle; but the fee shall not be greaterthan six per centum of the gross earningsof the vehicle as so assessed, and inassessing the gross earnings, the amountof any subsidy paid for an aerial serviceshall not be taken into account;

Fees forlicences.SecondSchedule.8.15.


(b) for a commercial goods vehicle, other thana trailer or semi-trailer, a fee, not exceedinga fee calculated at the rate of one dollarper hundredweight of the gross weight ofthe vehicle, determined by the Commis-sioner; and

(c) for a trailer or semi-trailer, a fee, notexceeding the appropriate fee provided bythe Second Schedule, determined by theCommissioner.

(2) The Commissioner may at any time vary thefee determined by him for any licence.

(3) The Commissioner may refund the whole orany part of any licence fee paid in respect of anycommercial goods vehicle, where the vehicle has notbeen operated in the manner or to the extent con-templated when the licence was issued.

Weighing ofpublicvehicle orgeode.S. lg.

"'remoter oflicence.S. 20.

22. (1) Subject to this Act and to any regula-tions made under subsection (2) of this section, theweight of a public vehicle or of goods carried or tobe carried by a commercial goods vehicle shall, ifthe Commissioner so orders, be determined at aweighbridge, or by means of such other mechanicaldevice as may be approved by the Commissioner,and proof of the weight so determined shall beproduced by the holder of, or an applicant for, alicence for the vehicle to the Commissioner or toany officer of the Commissioner, on demand.

(2) The regulations may provide that the methodof ascertainment of the weight of the vehicle or ofany goods carried by the vehicle for the purposes ofany other Act be adopted for the purposes of thisAct.

23. (1) The Commissioner may on payment ofthe prescribed fee by the person who has becomethe owner of the vehicle, grant a transfer of alicence of a public vehicle, and that person shall,thereupon, become the licensee.

(2) An application for transfer may be refusedfor any reason for which an application for alicence by the same person for the same, or any,public vehicle might have been refused.


Division 2.—Omnibuses.

24. (1) Subject to this Division, the Commis- Eigneirss els°.rsioner may, on the application of the owner, grant ss. 21 and 22.a licence in respect of an omnibus.

(2) A licence is not required under this Divisionwhere

(a) a number of persons, on any specialoccasion, join in a common enterprise, tobear the expense of a journey undertakenfor pleasure, in a privately owned motorvehicle; and

(b) the journey has, as its destination, a placeto which, on the day of the journey therewas no service that might have been used.

25. Every application for an omnibus licenceshall be in writing, setting out

(a) the routes on which or the area in whichit is intended that the omnibus is tooperate;

(b) a description of the vehicle in respect ofwhich the application is made;

(c) the maximum number of passengers to becarried at any one time by the vehicle;

(d) the service proposed to be provided;

(e) the fares proposed to be charged; and

(f) such other particulars as may be pre-scribed.

Applicationsfor licences.8.23.

26. Before granting or refusing a licence for an Matters toomnibus, the Commissioner shall taken into con- begZilcrenrairdotoi

sideration— by Com-missionerbefore grant

(a) the necessity for the service proposed to ir;1,'Iggg.be provided and the convenience that a 24.would be afforded to the public by theprovision of the proposed service;


(b) the existing service for the conveyance ofpassengers upon the routes, or within thearea, proposed to be served in relation to

(i) its present adequacy and possibilitiesfor improvement to meet all reason-able public demands; and

(ii) the effect upon the existing serviceof the service proposed to be pro-vided;

(c) the condition of the roads to be includedin any proposed route or area; and

(d) the character, qualifications and financialstability of the applicant.

Power togrant, etc.,applications.Ss. 25 and 31.

27. (1) Subject to the provisions of this Division,the Commissioner may (with or without variation)grant, or may refuse, the application.

(2) The Commissioner may(a) appoint stopping places at which passengers

may be picked up or set down; and(b) direct that passengers be not picked up or

set down, other than at a stopping place,or stopping places so appointed,

on any route or a section of the route, for whichhe has granted an omnibus licence.

(3) Notwithstanding the provisions of any otherAct, the Commissioner may erect or cause to beerected at a stopping place appointed pursuant tosubsection (2) of this section

(a) any sign indicating and identifying thestopping place; and

(b) shelters of a design and constructionapproved by the Minister;

but, before erecting, or causing the erection of anysign or shelter authorised by this subsection, theCommissioner shall confer with the local authorityconcerned and, if agreement cannot be reached on


the location, size and type of any sign or shelterthe matter in dispute shall be determined by theMinister and the Minister for the time beingadministering the Local Government Act, 1960, orthe Main Roads Act, 1930, as the case may require.

(4) A local authority shall, if so required by theCommissioner, appoint within its district suchstands for omnibuses as may be mutually agreedby the Commissioner and the local authority and,in the event of their failure to reach agreement, thematter shall be resolved in the manner providedby subsection (3) of this section for the resolvingof matters in dispute.

(5) In this section, the term, "local authority"includes the Commissioner of Main Roads, wherethe section applies to any part of the MetropolitanTraffic Area, within the meaning of the Traffic Act,1919.

28. It is an implied condition of every licence gi=„,95for an omnibus granted by the Commissioner that— licences.s

(a) the vehicle be maintained in a fit andserviceable condition;

(b) the provisions of any Act or regulationapplicable to the vehicle and its operationbe complied with;

that the requirements of the Motor Vehicle(Third Party Insurance) Act, 1943, relatingto insurance be complied with in relationto the vehicle;

(d) the provisions and the requirements of anyrelevant industrial award or agreementapplying to persons engaged in the opera-tion of the vehicle be complied with; and

(e) a direction of the Commissioner regulatingthe use of places for the picking up andsetting down of passengers be compliedwith.

(c)

Power toCommis-sioner toattachconditionsto licences.S. 27.


29. (1) The Commissioner may, in his dis-cretion, attach to any omnibus licence all or anyof the following conditions, namely, a conditionthat

(a) the vehicle operate only upon a specifiedroute or in a specified area;

(b) not more than a specified number ofpassengers be carried at any one time onthe vehicle;

(c) specified time tables be observed;

(d) specified fares be charged;

(e) prescribed records and statistics be keptand supplied to the Commissioner;

and may attach such other conditions as he thinksproper to impose, in the public interest.

(2) The Commissioner may add to, vary, or cancelany of the conditions attached, pursuant to theprovisions of subsection (1) of this section, to anomnibus licence.

Powerto grantomnibuslicences forperiod ofseven years.S. 29.

Permits.5. 30.

30. (1) A licence for an omnibus may be grantedfor a period of not more than seven years, but theprovisions of this section do not affect the power ofthe Commissioner to grant a licence for a particularpurpose of limited duration.

(2) A transfer of a licence for an omnibus shallnot be granted, unless and until the Commissioneris satisfied that no money or other consideration byway of premium or otherwise is to be paid or givenfor the transfer of the portion of the term of thelicence that is unexpired.

31. The Commissioner, or a person authorised inthat behalf by the Commissioner in writing (whethergenerally or in any particular case), may grant tothe owner of an omnibus licensed under this Part,


a permit authorising the vehicle to operate, subjectto such conditions as may be imposed by the Com-missioner,—

(a) on any temporary deviation from the routesspecified in the licence; or

(b) temporarily on any route or in any areanot specified in the licence.

32. A licence shall not be granted for an omnibus =buses

under this Part unless the vehicle is licensed as an raess:asotro;c1

omnibus in accordance with the Traffic Act, 1919. vehicles.S.32.

Division 3.—Commercial Goods Vehicles.

33. (1) Subject to this Division, the Commis-sioner may, on the application of the owner, granta licence in respect of a commercial goods vehicle.

(2) A licence is not required under this Part inrespect of any commercial goods vehicle that

(a) is operated solely in the area within twentymiles of the General Post Office, Perth;

(b) is operated solely within twenty miles ofthe place of business of the owner; or

(c) is being used otherwise than on a road.

(3) For the purposes of paragraphs (a) and (b)of subsection (2) of this section, where goods arecarried in stages, from one place to another, bydifferent vehicles, the whole journey over which thegoods are carried is deemed to be one journey andevery vehicle taking part in the carriage of thegoods is deemed to have made the whole journey.

(4) A licence is not required for a commercial First

goods vehicle that is being used solely for any Schedule.

carriage specified in the First Schedule, exceptwhere

(a) more than three persons are co-owners ofthe vehicle and-

(i) the interest of any one of themin the vehicle is not that of a part-ner in partnership with the other

Applicationof Part.Se. 34 and 35.


co-owners or, if that of a partner, isthat only of a partner in a limitedpartnership (within the meaning ofthe Limited Partnership Act, 1909)with the other co-owners; or

(ii) one of them is not an owner of thebusiness in respect of which thevehicle is operated or is not a partnerof, or, being a partner, is only alimited partner of, a firm owningthat business;

or(b) two or more persons are co-owners of the

vehicle and the vehicle is operated, orintended to be operated, or is available foroperation, for the direct benefit of one ofthem, to the exclusion of the other orothers of them.

(5) The burden of proving that a commercialgoods vehicle is exempted from the provisions ofthis Part under subsection (4) of this section, andthat a licence in respect of that vehicle is notrequired thereunder lies upon the person claimingthe exemption.

Licencesto operatecommercialgoodsvehicleswithin 35miles of theGeneralPost Office,Perth.S. 35A.

34. (1) Where an application is made for alicence to operate a commercial goods vehicle whollywithin thirty-five miles of the General Post Office,Perth, the Commissioner shall, notwithstanding thediscretion exercisable by him under section thirty-seven, grant the licence.

(2) The provisions of this Part, other than thoseof sections thirty-six, thirty-seven and thirty-nine,apply to a licence granted by the Commissionerunder this section and to an application for sucha licence.

Applicationfor licence.8.36.

35. Every application for a commercial goodsvehicle licence shall be in writing, setting out

(a) the route on which or the area in whichit is intended that the commercial goodsvehicle is to operate;


(b) a description of the vehicle in respect ofwhich the application is made;

(c) the classes of goods proposed to be carried;and

(d) such other particulars as may be prescribed.

36. Before granting or refusing a licence for acommercial goods vehicle, the Commissioner shalltake into consideration

(a) the necessity for the service proposed to beprovided and the convenience that wouldbe afforded to the public by the provision ofthe proposed service;

(b) the existing service for the carriage of goodsupon the routes, or within the area, pro-posed to be served in relation to-


(ii) the effect upon the existing serviceof the service proposed to be provided;

(c) the condition of the roads to be included inany proposed route or area; and

(d) the character, qualifications, and financialstability of the applicant.

37. Subject to the provisions of this Division, theCommissioner may (with or without variation)grant, or may refuse an application for a commercialgoods vehicle licence.

38. It is an implied condition of every licence fora commercial goods vehicle granted by the Com-missioner

(a) that the vehicle be maintained in a fit andserviceable condition;

(b) that the provisions of any Act or regulationapplicable to the vehicle and its operationbe complied with;

Matters tobe taken intoconsiderationby the Com-missionerbefore grantor refusal oflicence.S. 37.

Power ofCommis-sioner togrant orrefuseapplicationfor licence.8.38.

Conditions ofcommercialgoods vehiclelicence.8.39.


(c) that, in relation to the vehicle, the pro-visions of section forty-eight, relating to thelimitation of hours of driving, be observed,and that the provisions and the require-ments of any relevant industrial award oragreement applying to any persons engagedin its operation be complied with; and

(d) that the vehicle carry no load exceedingthat stipulated in, and authorised by, thelicence.

Power ofCommis-sionerto attachconditions tolicence.S. 40.

Period oflicence.S. 42.

39. (1) The Commissioner may, in his discretion,attach to any commercial goods vehicle licenceall or any of the following conditions, namely acondition that

(a) the vehicle operate only upon specifiedroutes or in a specified area; and

(b) prescribed records be kept;and may attach such other conditions as he thinksproper to impose, in the public interest.

(2) The Commissioner may add to, vary or cancelany of the conditions attached, pursuant to theprovisions of subsection (1) of this section, to acommercial goods vehicle licence.

40. The Commissioner may grant a licence for acommercial goods vehicle,

(a) for a period of one year; or(b) for a particular purpose of limited duration.

Permits.6.43.

41. The Commissioner, or a person authorisedin that behalf by the Commissioner, in writing(whether generally or in any particular case), maygrant to the owner of any commercial goods vehiclelicensed under this Division a permit authorisingthe vehicle to operate subject to such conditions asmay be imposed by the Commissioner

(a) on any deviation from the routes specifiedin the licence; or


(b) temporarily, on any route or in any areanot specified in the licence.

42. A licence shall not be granted for any com-mercial goods vehicle under this Division unless thevehicle is licensed for its class, under the TrafficAct, 1919.

Commercialgoodsvehicles tobe registeredas motorvehicles.S. 44.

Division 4.—Aircraft.

43. (1) Subject to this Division, the Commis- lit::::!!"sioner may, on the application of the owner, grant Ss. 45 and 46.

a licence in respect of an aircraft.

(2) A licence is not required under this Part inrespect of an aircraft used for the purpose only oftransporting

(a) a legally qualified medical practitioner inthe course of his professional duties; or

(b) a sick or injured person to or from medicalaid, in a case of emergency.

(3) The Commissioner shall not grant a licencein respect of an aircraft, unless he is satisfied thatall laws of the Commonwealth relating to theaircraft and its operation have been, and will at alltimes be, complied with; but, subject thereto, hemay (with or without variation) grant or mayrefuse a licence.

(4) Every licence granted shall, subject to theconditions of the licence, authorise the operation ofthe aircraft between the points or in any areasspecified in the licence.

44. Every application for an aircraft licenceshall be in writing, setting out

(a) the routes on which and the area in whichit is intended that the aircraft is to operate;

(b) a description of the aircraft in respect ofwhich the application is made;

Applicationsfor licences.6.47.

Matters to 45. Before granting, or refusing, a licence forbe taken intoconsideration an aircraft, the Commissioner shall take intoby Com-misioner considerationbefore grantor refusalof licence.8.47.

(a) the necessity for the service proposed to beprovided and the convenience that wouldbe afforded to the public by the provisionof the proposed service;

(b) the existing service for the conveyance ofpassengers or goods upon the routes, orwithin the area, proposed to be served, inrelation to-


(ii) the effect upon the existing service ofthe service proposed to be provided;

the condition of the airports and landinggrounds to be included in any proposedroute or area; and

(d) the character, qualifications and financialstability of the applicant.

(c)


(c) the maximum number of passengers to becarried at any one time, and the classes ofgoods to be carried, by the aircraft;

(d) the service proposed to be provided;

(e) the fares and freight rates proposed to becharged; and

(f) such other particulars as may be prescribed.

Conditionsof aircraftlicences.8.47.

46. It is an implied condition of every licencefor an aircraft granted by the Commissioner that

(a) the provisions of any law applicable to theaircraft and its operation be complied with;

(b) the provisions and requirements of anyindustrial award or agreement applying topersons engaged in the operation orservicing of the aircraft be complied with;and


(c) any direction of the Commissioner relatingto the use of airports or landing groundsbe complied with.

Power ofCommis-sionerto attachconditionsto licences.S.47.

47. (1) The Commissioner may, in his discretion,attach to an aircraft licence all or any of thefollowing conditions, namely, a condition that

(a) the aircraft be operated only upon specifiedroutes or in a specified area;

(b) specified timetables be observed;

(c) specified fares and freight rates be charged;and

(d) prescribed records and statistics be keptand be supplied to the Commissioner.

(2) The Commissioner may add to, vary or cancelany of the conditions attached, pursuant to theprovisions of subsection (1) of this section, to anaircraft licence.

PART IV.—MISCELLANEOUS.

48. (1) A person shall not drive, or cause orpermit any person employed by or under anycontractual engagement with him, or subject to hisorders, to drive a commercial goods vehicle that isrequired to be licensed pursuant to this Act

(a) for an unbroken period exceeding five andone-half hours;

(b) during any period of twenty-four hourscommencing at midnight, for periodsexceeding, in the aggregate, eleven hours;or

(c) so that the driver has less than ten con-secutive hours for rest, during the periodof twenty-four hours calculated from thecommencement of any period of driving,unless he has nine hours for rest duringthat period of twenty-four hours and twelvehours for rest during the next ensuingperiod of twenty-four hours.

Limitationof timefor whichdrivers ofcertainmotorvehiclesmay remaincontinuouslyon duty.S. 48.


(2) For the purposes of this section

(a) any period that does not include one-halfhour during which the driver is able torest and take refreshment is deemed to bean unbroken period; and

(b) any time spent by the driver on work inconnection with a commercial goods vehicleor its load, in the course of a journey, inany capacity other than as a passenger, isdeemed to be time spent in driving.

Powers ofmembers ofPolice Forceand personsauthorisedby Com-missioner forpurpose ofascertainingwhetherprovisionsof Act orregulationsare beingcontravened..8.49.

49. (1) For the purpose of ascertaining whetherthe provisions of this Act or of any regulation arebeing contravened, a member of the Police Force,or any person authorised in that behalf by theCommissioner, in writing (whether generally or inany particular case), may require the driver of avehicle

(a) to produce for inspection any licence,permit, or other document that, by thisAct or the regulations, is required to beobtained in respect of the vehicle;

(b) to state his name and address;

(c) to permit an inspection to be made of thevehicle and its load; or

(d) to give information in respect to the load.

(2) A person who fails to produce any licence,permit or other document required to be producedpursuant to subsection (1) of this section, withintwenty-four hours after being so required, or refusesto state his name and address, or states a falsename or address, or refuses to permit an inspectionto be made of the vehicle, or of its load, or refusesto give information in respect to the load carried,or gives false information, is, without affecting theconsequence of any other offence that he may havecommitted, guilty of an offence.

1966. Road and Air Transport [No. 53.Commission.

50. (1) The driver and the owner of a publicvehicle that is operated and that

(a) is not licensed as such under this Act; or

(b) being licensed, is carrying goods notauthorised, or otherwise than authorised,by the licence;

are, subject to subsection (2) of this section,severally guilty of an offence.

Penalty: For a first offence, not more than onehundred dollars, for a second offence, not more thantwo hundred dollars and, for any subsequentoffence, not more than four hundred dollars.

(2) In any prosecution against a driver underthis section it is a good defence if the driver showsthat he believed, on reasonable grounds, that thepublic vehicle was operating in accordance with alicence granted under this Act.

51. In any prosecution for an offence under thisAct, an averment in the complaint that a personis, or was, the owner of a public vehicle, or is, orwas, unlicensed, or that any person is, or was, notthe holder of any particular licence in respect of apublic vehicle is deemed to be proved, in theabsence of proof to the contrary.

52. A person who, knowingly, sends or causesto be sent or conveyed, or agrees or offers to sendor convey, any passengers or any goods, by a publicvehicle in respect of which the appropriate licenceis not in force, commits an offence.

Penalty: For a first offence, not more than onehundred dollars, for a second offence, not more twohundred dollars and, for any subsequent offence,not more than four hundred dollars.

53. The owner or driver of a public vehiclelicensed under this Act who neglects or fails tocomply with, or observe, any of the terms andconditions attached to or implied in the licencecommits an offence.

Penalties foroperatingunlicensedPublicvehicles.8. 52.

Proof ofPerson beingunlicensed.$.50.

Passengersor goodsnot to besent byunlicensedvehicle.8. 16.

Penalty forfailure tocomply withAct, etc.S. 23.

Commercialgoodsvehiclenot to beused forpassengers.S. /8.

Proof thatpassengerscarried atseparatefares.S. 53.

Provisionsfor offencesfor whichno penaltyexpresslyprovided.S. 54.


54. A person driving or using a commercialgoods vehicle that is required to be licensed underthis Act shall not carry, or permit any person toride, in or upon the vehicle, unless

(a) the licence granted in respect of thevehicle expressly authorises the carriage ofpassengers;

(b) the person so carried is-(i) carried in the case of an emergency;

Or

(ii) is carried without fee or reward ofany kind;

Or

(c) the owner of the vehicle is the holder ofa special permit granted by the Commis-sioner, and the person so carried is carriedin conformity with the permit.

55. Where, in any prosecution under this Actagainst the owner or driver of any vehicle allegedto have operated as an omnibus, the prosecutionshows that passengers were carried upon thevehicle, that fact is prima facie evidence that thepassengers were carried at separate fares.

56. Every person guilty of an offence against thisAct or against any regulation for which a penaltyis not expressly provided is liable to a penalty notexceeding fifty dollars and, in the case of a con-tinuing offence, to a further penalty not exceedingten dollars for each day on which the offence iscontinued after conviction.

Power torevoke orsuspendlicence orpermit.S. 55.

57. (1) A licence or permit may be revoked orsuspended by the Commissioner, on the ground thatthe holder has not complied with any one or moreof the conditions of, or relating to, the licence orpermit.

(2) The Commissioner shall not revoke or sus-pend a licence unless, owing to the frequency ofthe breach of the conditions of, or attached to, the


licence, or to the breach having been committedwilfully, or to the danger to the public involved inthe breach, the Commissioner is satisfied that thelicence should be revoked or suspended.

(3) An appeal lies to a stipendiary magistrateagainst the decision of the Commissioner inrevoking or suspending a licence, and the provisionsof this section apply to any such appeal.

(4) A person instituting an appeal pursuant tothis section shall lodge in the court in which thestipendiary magistrate is to sit and hear the appealan amount of twenty dollars, by way of security forthe costs of his appeal; and the appeal shall not beheard until such time as that amount is so lodged.

(5) On hearing an appeal instituted under thissection, the magistrate may order that the revoca-tion or suspension be set aside, subject to suchconditions as the magistrate thinks fit, or he maydismiss the appeal and, in any event, may makesuch order as to costs as he thinks fit.

(6) The decision of a stipendiary magistratemade under this section is final.

Recovery ofpenalties.8.56.

58. (1) The Commissioner may direct, eithergenerally or in any particular case, proceedings tobe taken for the recovery of penalties in respect ofoffences committed against the provisions of thisAct or of any regulation.

(2) In any such proceedings no proof is, unlessevidence is given to the contrary, required

(a) of a direction to take the proceedings;

(b) of the authority of any officer of the Com-missioner, or of any other person, to takethe proceedings; or

(c) of the due appointment of the Commis-sioner.

(3) The provisions of this section do not affectthe power of a member of the Police Force to takeproceedings for the recovery of any penalties underthis Act.

Saving ofoperation ofTraffic Act,1919.S. 57.


59. Save as otherwise expressly provided,nothing in this Act limits or affects the operationof the Traffic Act, 1919, but that Act shall be con-strued subject to the express provisions of this Act.

Regulations.Ss. 58 and58A.

60. (1) The Governor may make regulations forany purpose for which regulations are contemplatedor required by this Act and may make all such otherregulations as may, in his opinion, be necessary orconvenient for giving full effect to the provisions of,and for the due administration of, this Act.

(2) Without limiting the generality of subsection(1) of this section, the Governor may make regula-tions with respect to

(a) the custody and method of affixing theCommissioner's common seal;

(b) the form of the common seal;

(c) the design and construction of omnibuses,so as to secure the safety, comfort, andconvenience of passengers and the public;

(d) the maximum fares to be paid by passen-gers on omnibuses;

(e) the returns of earnings of omnibuses forthe purpose of assessing licence fees (suchinformation being treated as confidential);the method of assessment; the time andmanner of payment; and providing forrefund of excess payments of fees orrecovery of fees short paid;

(f) stopping places and signs and shelters;(g) the fixing of the power load weight of a

commercial go,ods vehicle required to belicensed under this Act, where the methodis not expressly prescribed by this Act;

(h) the maintenance and repair of publicvehicles;

(i) the publication of time tables, fares, andrates, whether by exhibition in or on publicvehicles, or otherwise;


(j) applications for licences or permits underthis Act and the revocation, suspension, ortransfer of such licences or permits;

(k) the form and conditions of and any parti-culars to be set out in licences or permitsunder this Act;

(1) records to be kept in relation to publicvehicles;

(m) the furnishing by owners of public vehiclesof statistical and other information;

(n) the fees payable in respect of applicationsunder this Act;

(0) the fee payable for any special permitunder this Act;

(p) providing for distinguishing words, letters,numbers, colours, or marks, being or notbeing placed on public vehicles; and

(q) the provision and maintenance of the roadtransport of goods in areas not served byrailways, and, in particular, in relation toany such transport-

(i) the areas to be served, and the routesto be followed;

(ii) the classes of goods to be carried, and(iii) the rates to be paid in respect of, and

the manner of payment of, anysubsidy granted for its provision andmaintenance, pursuant to this Act.

(3) Any regulations made under this section

(a) may be of general or specially limitedapplication, according to time, place, orcircumstances; and

(b) may prescribe penalties of not exceedingfifty dollars for any breach of them.

(4) Notwithstanding the provisions of sectionthirty-six of the Interpretation Act, 1918, a regula-tion made under this section for the purpose of


reducing or withdrawing any subsidy granted inaid of road transport under the provisions of thisAct, shall not take effect or have any force of lawuntil such time as the regulation is no longersubject to disallowance under the former section.

Protection ofMinister,localauthorities,and officers.S. 59.

61. No matter or thing done by the Minister, bythe Commissioner or by any person acting withthe authority of the Minister, or by any memberof the Police Force, in good faith for the purpose ofcarrying out this Act, shall subject the Crown, theMinister, the Commissioner or any person actingwith the authority of the Minister or the Commis-sioner, or subject the member of the Police Force,to any liability in respect of the matter or thing sodone.

Financialprovision.S. 60.

62. (1) The Transport Co-ordination Fundestablished by the State Transport Co-ordinationAct, 1933, is continued under this Act, as if it wereestablished by this Act, and shall be known as theTransport Commission Fund (in this section called"the Fund").

(2) There shall be placed to the credit of theFund

(a) all moneys received by the Commissioner,including those received from the Crown,in respect of premiums paid, and of licencesgranted, and for fees payable, under thisAct;

(b) the moneys (if any) appropriated byParliament for the administration of thisAct; and

(c) any moneys recovered by the Commissioneron the enforcement of bonds, includingthose executed by, or on behalf of, theCrown, as provided by section seventeen.


(3) There shall be paid out of the Fund

(a) the cost of the administration of this Actand of the Road Maintenance (Contribu-tion) Act, 1965;

(b) contributions to the Superannuation Fundpayable by the Commissioner under anyagreement made between him and theTreasurer, pursuant to the provisions ofsection six of the Superannuation andFamily Benefits Act, 1938; and

(c) such amounts as are, in the opinion of theCommissioner, necessary or expedient, inthe interests of public transport, to begranted in aid of any transport operatedby the holder of a licence for a public vehicleor for, or towards, the provision of sheltersor other amenities on, or adjacent to, anomnibus route.

(4) At the end of any financial year, any balanceremaining in the Fund, after providing for thepayments specified in subsection (3) of this section,shall be divided into three portions in the proportionthat the licence fees derived respectively fromlicences issued for omnibuses, commercial goodsvehicles and aircraft bear to the aggregate of alllicence fees received during that year, and of thoseportions

(a) that which is proportionate to the fees forthe issue of omnibus licences shall beapplied towards the maintenance andimprovement of the roads on which theomnibuses operate, and shall, subject tosubsection (5) of this section, be dividedequitably amongst the various statutoryauthorities concerned in the maintenanceand improvement of those roads;

(b) that which is proportionate to the fees forthe issue of licences for commercial goodsvehicles shall be applied towards themaintenance and improvement of the roads


on which the commercial goods vehiclesoperate, and shall, subject to subsection (5)of this section, be divided equitably amongstthe various statutory authorities concernedin the maintenance and improvement ofthose roads; and

(c) that which is proportionate to the fees forthe issue of licences for aircraft shall beheld in trust by the Commissioner and shallbe applied, as and when the Commissionerthinks fit, towards the provision, main-tenance or improvement of any aircraftlanding ground or of any facilities thoughtnecessary for the safe operation of anyaircraft using or about to use any aircraftlanding ground.

(5) Where the Commissioner expends from thebalance any sums for the provision, maintenance orboth of signs, shelters or both, which by this Act theCommissioner is authorised to do, on or adjacent toany road or street under the care, control ormanagement of any of those statutory authorities,the amount payable to the statutory authority, asthe result of a division mentioned in paragraph (a)or paragraph (b) of subsection (4) of this section,shall be reduced by the sum so expended by theCommissioner, and shall be brought into accountin respect of the division.

Subsidies. 63. Subject to the regulations, the Minister may,out of such moneys as may, from time to time, beappropriated by Parliament, authorise the paymentof subsidies for the purposes of this Act.

Section33 (4).

FIRST SCHEDULE.

1. The carriage of produce of farms or forests orfarming requisites or requisites for the production of timberbetween any farm or forest and the railway station ortown nearest to the farm or forest.

For the purposes of this item the term "farm" includesa sheep station or a cattle station.


2. The carriage of produce and goods between thestation property of any person engaged in the pastoralindustry between such property and the railway station ortown nearest to the property.

3. The carriage of livestock, poultry, fruit, vegetables,dairy produce or other perishable commodities or wheat oroats for sale or, in the case of livestock, for sale or agistment,irrespective of quantity or value, from the place where theyare produced to any other place, in a vehicle owned by theproducer thereof and, on the return journey, the carriageof requisites for the domestic use of the producer or for useby him in the production of the commodities herein named.

4. The carriage of bees, bee hives, honey, bees wax andbeekeepers' requisites and appliances, in the course of theproduction of honey, in a vehicle owned by the producerthereof.

5. The carriage of grain in a vehicle owned by theproducer thereof to a flour mill for the purpose of beinggristed, milled, or treated, and the carriage from the millof flour, meal, bran, pollard, or offal received in exchangefor the grain, for use on the farm where the grain wasproduced.

6. The carriage of ore from mines and mining requisiteswithin any one prescribed mining district.

7. By the Crown or any local authority for its ownpurposes other than the carriage of goods for hire or reward.

8. The carriage of household furniture or personaleffects of a householder or a member of his family, wherethe furniture or effects are being moved

(a) from residence to residence;

(b) from storage to residence;

(c) from residence to storage or sale;

(d) from a vendor to the residence of the purchaser.


9. The carriage, by commercial travellers, of samplesof goods for exhibition to prospective purchasers and notfor sale.

10. The carriage of livestock to or from agriculturalshows or exhibitions.

11. The carriage of milk or cream to the nearest factory.

12. The carriage of shearing employees and theirluggage to any place or places where they are to carry outany shearing contract and the return by the same vehicleto their places of residence on completion of the contract.

13. The carriage of goods off any route or outside anyarea in respect of which the Commissioner has granted alicence pursuant to his acceptance of a tender called underthe provisions of this Act and within a radius of thirty-fivemiles from any one country railway station or railwaysiding, if the goods have been, or are to be, transported byrailway for a distance of not less than twelve miles to orfrom the railway station or siding.

14. Any carriage for which, in the opinion of theCommissioner, it is necessary, either generally or subject toconditions, to grant an exemption from the provisions ofsection twenty.

15. The carriage of such goods as may, from time totime, be prescribed by regulation, if the goods are of thesame or a similar kind as or to those mentioned in anyof the preceding items of this Schedule.

For the purposes of this Schedule a reference to arailway station or town nearest to a property is a referenceto that station or town most accessible to the property orfarm, as the case may be, and, notwithstanding thedefinition of "railway" in this Act, the term, "railwaystation", includes any railway station whatsoever.


SECOND SCHEDULE.

Trailers and Semi-trailers.

Up to 1 ton 5 cwt. gross weight 24.00

Exceeding 1 ton 5 cwt. but not exceeding 2 tons .... 36.00

Exceeding 2 tons but not exceeding 3 tons .... 57.00


Exceeding 4 tons but not exceeding 5 tons . 108.00


Exceeding 6 tons but not exceeding 7 tons . 171.00

Exceeding 7 tons but not exceeding 8 tons ... 207.00

Exceeding 8 tons but not exceeding 9 tons .. 246.00


For every additional ton 24.00

ection 21.

Documents

ROAD AND AIR TRANSPORT COMMISSION