No. 6325. MOTOR CAR ACT 1958. An Act to consolidate the Law

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1958. Motor Car. No. 6325 687
No. 6325.
MOTOR CAR ACT 1958.
An Act to consolidate the Law relating to Motor
Cars.
[30th September, 1958.]
BE it enacted by the Queen's Most Excellent Majesty by and
with the advice and consent of the Legislative Council and
the Legislative Assembly of Victoria in this present Parliament
assembled and by the authority of the same as follows (that is
to say):—
1. This Act may be cited as the Motor Car Act 1958, and **££*£.
shall come into operation on a day to be fixed by proclamation of m^TISd
the Governor in Council published in the Government Gazette, and dlv on*
is divided into Parts and Divisions as follows:—
Part I.—Preliminary ss. 2-5.
Part II.—Registration of Motor Cars &c. ss. 6-21.
Part III.—Licensing of Drivers ss. 22-29.
Division 1.—Equipment &c. ss.
Part IV.—Regulation
of Use of Motor Cars 30-31.
&c. ss. 30-37. Division 2.—Size, Weight &c. ss.
32-37.
'Division 1.—Compulsory Insurance
Part V.—Third-Party ss. 38-71.
Insurance ss. 38-76.
Division 2.—State Motor Car
Insurance Office ss. 72-76.
688 1958. Motor Car. No. 6325
"Division 1.—General ss. 77-80.
Part VI.—General and
Supplementary ss.. Division 2.—Offences and Legal
77-93. Proceedings ss. 81-92.
Division 3.—Regulations s. 93.
PART I.—PRELIMINARY.
Repeal. 2. (1) The Acts mentioned in the First Schedule to the extent
schedule. thereby expressed to be repealed are hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication
provided—
(a) all persons things and circumstances appointed or
created by or under any of the repealed Acts, 01
existing or continuing under any of such Acts
immediately before the commencement of this
Act, shall under and subject to this Act continue
to have the same status operation and effect as
they respectively would have had if such Acts had
not been so repealed ;
(6) in particular and without affecting the generality of
the foregoing paragraph, such repeal shall not
disturb the continuity of status operation or effect
of any proclamation regulation order registration
application licence permit certificate exemption
suspension cancellation disqualification prohibition
appeal authority determination approval agreement
nomination appointment delegation notice
contract or policy of insurance liability or right
made effected issued granted given accrued
incurred or acquired or existing or continuing by
or under any of such Acts before the commencement
of this Act; nor shall such repeal affect the
operation of sub-section (2) of section two of the
Motor Car (Third-Party Insurance) Act 1956.
interpretation. 3. (1) In this Act unless inconsistent with the context or
No. 56i6 s. 3. subject matter—
" Articulated " Articulated motor car " means a motor car comprising
motorcar.- f _p j p constructed and disposed
& ore art an( a rear art
in such a way that the rear part is attached
to and pivoted on the fore-part by partial
superimposition thereon so that the rear part is free
to turn relative to the fore-part when the motor car
is rounding a curve and so that a substantial part of
the weight of the rear part and of the load (if any)
carried thereon is borne by the fore-part.
•• Axie." " Axle " means a bar or spindle which supports a motor
car or trailer and on or with which wheels of the
motor car or trailer which are in contact with the
ground turn.
1958. Motor Car. No. 6325 689
" Chief Commissioner" means the Chief Commissioner jjcMef
of Police,
missioncr."
" Council " means the council of any municipal district . " council."
" Division " means Division of a Part of this Act.
" Division."
" Goods " includes all chattels personal. " Goods."
" Highway" means any street road lane bridge •• Highway."
thoroughfare or place open to or used by the
public for passage with vehicles.
" Motor car " or " car " means any vehicle propelled by
" Motor car.'
internal combustion steam gas oil electricity or any "Car-"
other power and used or intended for use on any
highway and includes an articulated motor car a
motor cycle and a motor tractor; but does not
include a railway locomotive railway carriage or
tram-motor or tram-car or a traction engine (not
being a motor tractor) as defined in Part XXIV. of
the Local Government Act 1958 or a tricycle carriage
with auxiliary power unit which is used solely for the
conveyance of an invalid person.
" Motor cycle " means a motor car which has only two '^fST
wheels but includes a motor cycle having a trailer
fore-car or side-car attached thereto.
" Motor tractor " means an engine which is constructed " Motor
for use as a tractor and o*f0 ' a type specified by Order tractor.'-
of the Governor in Council published in the
Government Gazette, and the Governor in Council
may at any time in like manner revoke amend or
vary any such Order.
Municipal district" means any city town borough
Or " Municipal
shire and includes the city of Melbourne and the dlstr'ct"
city of Geelong.
Officer in charge of the Motor Registration Branch" "°fficer.1il
t
., 1 • * *.t * • . • • . charge of the
means the person who is for the time being in charge Motor ,
under the Chief Commissioner of the registration
Branch."
of motor cars and the licensing of drivers under this
Act.
Overall length", in relation to a motor car or to a •• overall
motor car with a trailer attached thereto, means the Ien8lh"
total length of the motor car or the motor car and
trailer including the load (if any) carried thereon
and including the space between the motor car and
the trailer (if any) and including the bumpers (if
any) fitted to the motor car and to the trailer.
; Owner" includes every person who is the owner or •• owner."
joint owner or part owner of a motor car and any
person who has the use of any motor car under a
690 1958. Motor Car. No. 6325
hire purchase agreement but does not include an
unpaid vendor of a motor car under a hire purchase
agreement.
" Part" means Part of this Act.
•Part."
' Prescribed.' "Prescribed" means prescribed by this Act or any
regulation made pursuant to this Act.
" Primary producer" means any person engaged solely
" Primary
producer." or substantially in agricultural horticultural
viticultural dairying pastoral or other like pursuits.
" Regulation" means regulation made by the Governor
' Regulation.'
in Council pursuant to this Act.
' Schedule." " Schedule " means Schedule to this Act.
' Trailer." " Trailer" means any vehicle without motive power of
its own and designed solely or principally for the
carriage of passengers or of goods for hire or in the
course of trade and drawn by a motor car and
detachable therefrom.
Determination (2) In order to determine the number of wheels on any
of number of
wheels on motor car or trailer for the purposes of this Act any two or more
an axle.
wheels on an axle shall be reckoned as two wheels and no more.
Wheels on (3) On any motor car or trailer all wheels whose centres lie
same axle. within the space enclosed by any two parallel transverse vertical
planes extending across the full width of the vehicle forty inches
apart shall for the purposes of this Act be deemed to be on one
axle ; and where the centres of any such wheels lie in different
transverse vertical planes the axle shall, for the purposes of
measurement therefrom, be deemed to lie in a plane which is
equidistant from the most widely separated of those planes.
Saving of 4. Nothing in this Act shall affect any liability either civil or
liability.
criminal of the driver or owner of a motor car by virtue of any
statute or at common law.
Application 5. It is hereby declared that this Act applies to persons in
to servants of
the Crown. the public service of the Crown as well as to other persons.
PART II.—REGISTRATION OF MOTOR CARS ETC.
Registration 6. (1) Every motor car and every trailer attached to a motor
of motor cats.
car (other than a motor cycle) and every motor cycle together
No. 5616 s. 6;
No. 5915 with the trailer fore-car or side-car (if any) attached thereto shall
s. 2 (2).
be registered by the Chief Commissioner who shall keep a register
and shall assign a separate identifying number to every motor
car and to every trailer attached to any motor car (other than a
motor cycle) and to every motor cycle so registered and shall
enter in the register every such number and such other particulars
as are required by this Act or the regulations.
1958. Motor Car. No. 6325 691
(2) Where a motor car is of such dimensions or so ^f^g"^
constructed that by reason of the provisions of Part IV. it could cars exceeding
not lawfully be driven on any highway without a special permit dimensions,
granted under that Part that motor car, if registered, shall be
registered conditionally upon its being used on any highway only
with such a special permit.
(3) Subject to this Act a fee as provided for in the Second ^^ abl°
Schedule shall be paid to the Chief Commissioner on the J^S,",0^
registration of or the renewal of the registration of a motor car registration.
motor cycle or trailer. IchedSie.
(4) A motor car shall not be registered in the name of any No regis;
. ., r • i ^ trations in
person under the age of eighteen years. names of
persons under
18.
7. (1) Notwithstanding anything in the last preceding Exemptions
.. from
Section registration
fees.
(a) no fee shall be payable in respect of the registration No.56i6s.7;
or renewal of registration of any motor car or No-61S4sZ
trailer (marked so as to indicate the ownership
thereof)—
(i) which is the property of any body of persons
corporate or unincorporate (carrying
on ambulance services but not for
private profit) and is mechanically
equipped for and used exclusively for
ambulance services ; or
(ii) which is the property of the Metropolitan
Fire Brigades Board or the Country
Fire Authority or any body corporate
or unincorporate approved by the
Minister and is mechanically equipped
for and used exclusively for carrying
into effect the purposes of the
Metropolitan Fire Brigades Act 1958 or
the Country Fire Authority Act 1958 or
for combating outbreaks of fire;
(b) no fee shall be payable in respect of the registration
or renewal of registration of any motor tractor or
trailer which the Chief Commissioner is satisfied
is the property of any primary producer and—
(i) (in the case of a motor tractor) is used
solely in some or all of the following
ways, namely :—
in connexion with the business ot
such primary producer as such ;
692 1958. Motor Car. No. 6325
for the haulage between the premises
of such primary producer and
those of any other primary
producer carrying on business
as such within a radius of fifteen
miles from the residence of such
primary producer of agricultural
implements a g r i c u l t u r al
machinery or goods necessary
for working land ;
for travelling between the premises
of such primary producer and
the premises of any other primary
producer carrying on business
as such within a radius of fifteen
miles from the residence of such
primary producer for the
purpose of working the land of
that other primary producer ;
(ii) (in the case of a trailer) is attached when
in use to such a motor tractor ;
(c) the regulations may make special provision with
respect to the registration fees payable under
conditional registrations of motor cars under
sub-section (2) of the last preceding section.
itL-Kisinitionor (2) (a) Where an applicant for the registration or the
motor cars of i r • a. *• e A. • j -i j
incaiuiciiiiieii renewal of registration of a motor car is a discharged serviceman
•eniciiimln. who by reason of incapacity sustained or suffered as a result of his
war service is assessed by the Victorian branch of the Repatriation
Commission of the Commonwealth of Australia—
(i) as being totally incapacitated ; or
(ii) as being seriously impeded in his powers of
locomotion and incapacitated to an extent of not
less than Seventy-five per centum—
the Chief Commissioner if satisfied by statutory declaration or by
such other evidence as he may require in any particular case—
that the motor car is owned by the applicant;
that the applicant is so incapacitated as aforesaid ; and
that the motor car will not be used for carrying passengers
or goods for hire or reward and will be used
primarily for the conveyance of the applicant and his
wife and other members of his family—
may direct that no fee shall be charged for the registration or
renewal of registration of the motor car.
1958. Motor Car. No. 6325 693
(b) Where more than one motor car is owned by such Remitted fee
,. / , . ., • . . ... J .. limited to one
£ C
a discharged serviceman the foregoing provisions of this section motorcar.
shall apply only to one motor car constructed for the carriage of
passengers.
(c) In this SUb-SeCtion Interpretation.
" Discharged serviceman " means a person who served as <• Discnarced
a member of the naval military or air forces of His serviceman-"
Majesty or the Commonwealth or any of His Majesty's
Dominions or any of the services or bodies auxiliary
to any of those forces during the war which
commenced in the year One thousand nine hundred
and fourteen or the war which commenced in the year
One thousand nine hundred and thirty-nine and who
has completed his war service.
" War service " means the service of any person during «• war
n
either of the wars referred to in the interpretation of service-"
discharged serviceman as a member of the forces
services or bodies referred to in the said interpretation.
(3) Where application is made for the registration or renewal
Registration
of registration of any motor car which is a carriage designed deTg0ne°dr for
S
solely for the conveyance of one incapacitated person, the Chief %ga&ot
Commissioner if satisfied by statutory declaration or by such other pn."Sn?itated
evidence as he may require in any particular case—
(a) that the motor car is owned by the applicant;
(b) that the applicant is seriously impeded in his powers
of locomotion; and
(c) that the motor car will not be used for any purpose
other than the conveyance of the applicant—
may direct that no fee shall be charged for the registration or
renewal of registration of the motor car.
8. (1) Subject to this Act, in addition to any other fee Additional
payable in respect of the registration of any motor car under this f«sftortlon
s
Act there shall be paid an additional fee on— motorcars.
r . . No. 5616 s. 8;
(a) every registration (not being a renewal of registration NO. 5751 s .2.
or re-registration in the name of the person in NS.'6154S-.3.'
whose name the motor car is or was last
registered) of any such motor car ; and
(b) every transfer from the name of one person to the
name of another person of the registration of any
such motor car.
(2) Such fee shall be— Fee.
(a) in the case of a motor car (other than a motor
cycle)—at the rate of Two shillings and sixpence
for each unit of horse-power as determined under
the Second Schedule to this Act; ich?3uie
694 1958. Motor Car. No. 6325
(b) in the case of a motor cycle—One pound.
(3) The foregoing provisions of this section shall not apply
Exceptions.
to or in respect of the registration of, or the transfer from the
name of one person to the name of another person of the
registration of, a motor car which is or after such transfer is—
(a) a motor car for which no registration fee is otherwise
payable ; or
(b) a motor car (other than a motor cycle) for which a
fixed registration fee of One pound ten shillings
is payable.
(4) The provisions of this Act relating to the refund or
proportional reduction of any registration fee shall not apply with
respect to any such additional registration fee.
(5) Notwithstanding anything in the Country Roads Act
Application of
additional car 1958—
registration
fees. (a) one-third of all moneys received by way of additional
registration fees under this section shall be paid
into the Level Crossings Fund ;
(b) the remainder of all moneys so received shall be paid
into the Country Roads Board Fund.
Power to 9. (1) The Chief Commissioner—
Chief
Commissiocer (a) may at any time require the owner of any motor car
to require
motor cars or trailer to furnish to the Chief Commissioner a
abne dw teriagihleerds. to weight ticket showing the correct weight unladen
No. 5616 s. 9; of such motor car or trailer according to a
No. 5915
s.2(3). weighing machine or weighbridge referred to in
Part XXX. of the Local Government Act 1958
or approved by the Chief Commissioner ; and
(b) may, in any case where the Chief Commissioner has
reason to believe that the weight unladen of any
motor car or trailer shown on any weight ticket
or on any certificate of registration is incorrect,
require the motor car or trailer to be weighed on
such a weighing machine or weighbridge in the
presence of a member of the police force.
(2) Where the weight recorded upon the weighing of any
Adjustment
of fees for such motor car or trailer in the presence of a member of the
registration.
police force as aforesaid is different from the weight shown on
the weight ticket or on the certificate of registration the weight so
recorded shall be deemed to be the correct weight unladen of such
motor car or trailer and if such motor car or trailer is registered
the fee for registration shall be adjusted as from the
commencement of the current period of registration or (in the
case where the Chief Commissioner is satisfied that the difference
in weight is due to structural alterations made during such period)
the date when such alterations were made and shall be payable
accordingly.
1958. Motor Car. No. 6325 695
10. (1) Subject to this Act the registration of a motor car Manner and
under this Act may be obtained by posting or delivering to the
registration
Chief Commissioner— SlSKESL
(a) a duly completed application in writing in the NO.5616S.IO:
prescribed form for registration ; ^2 to.
(b) the prescribed fee for registration ;
(c) in accordance with Division one of Part V., a
certificate of insurance furnished by an authorized
insurer for the period and for the vehicle for
which registration is sought or a duly completed
form of nomination of an authorized insurer in
the prescribed form together with the appropriate
insurance premium.(a)
(2) A registration obtained pursuant to the last preceding
sub-section shall commence on the day on which the documents
fee and certificate or premium referred to in that sub-section are
received by the Chief Commissioner and subject to this Act
shall expire on the day being twelve months after such receipt by
the Chief Commissioner.
(3) The renewal of registration of any motor car may be
obtained by delivering the documents and fee referred to in
paragraphs (a) (b) and (c) of sub-section (1) of this section
to the Chief Commissioner, by post or otherwise, at any time
up to seven days after the expiry of the prior registration or
renewal of registration, as the case may be.
(4) Every such renewed registration shall commence
immediately after the expiration of the prior registration
(including renewed registration) and subject to this Act shall
expire on the day being twelve months after the day of such
commencement.
(5) If at any time more than seven days after the expiration
of registration (including renewed registration) there is delivered
to the Chief Commissioner—
(a) a duly completed application for registration in the
prescribed form ;
(b) the prescribed fee for registration ; and
(c) in accordance with Division one of Part V., a
certificate of insurance furnished by an authorized
insurer for the period and for the vehicle sought
to be registered—
the motor car shall be re-registered as from the date of the
receipt of such documents and fee (until which date the motor
car shall be unregistered) and subject to this Act the registration
shall expire on a day being twelve months after the expiration of
the prior registration (including renewed registration) unless
the Chief Commissioner is satisfied that the motor car has not
been used on a highway in Victoria since the expiration of the
(a) See section 43 as to the registration of certain vehicles carrying insurance.
696 1958. Motor Car. No. 6325
prior registration in which case the registration shall commence
on the day upon which the documents and fee referred to in
paragraphs (a) (b) and (c) of this sub-section were received by
the Chief Commissioner and subject to this Act shall expire on a
day being twelve months after such receipt.
(6) The provisions of this section shall extend and apply
to the registration of trailers with such adaptations as are
necessary, and in particular as if any provision relating to third
party insurance were omitted.
11. Where any person is the owner of five or more motor
Provision,
where one cars which are registered under this Act the Chief Commissioner
owner of a
number of may notwithstanding anything in this Act upon being satisfied
motor cars,
for earlier upon application by such owner that there are sufficient reasons
expiry of
registration for so doing cause the registration of one or more of such cars
of one or
more of such to expire on an earlier date than the same would otherwise
cars. expire ; and thereupon the fee payable on the subsequent renewal
No. 5616 s. 11.
of registration of such motor car or motor cars shall be reduced
proportionately to the unexpired portion of the period of the
registration so caused to expire.
12» (1) If after the registration or the renewal of the
Changing
pneumatic registration of a motor car fitted entirely with pneumatic tires any
tires for other
tires. pneumatic tire is removed and a tire other than a pneumatic tire
No. 5616 s. 12. is fitted in place thereof the owner of the motor car shall within
seven days after the fitting of such last-mentioned tire give notice
thereof to the Chief Commissioner and pay to him the amount of
the difference between the fee paid on the registration or the
renewal of the registration of the motor car and the fee which
would have been payable on such registration or renewal if the
motor car had been then fitted with one or more tires other than
pneumatic tires.
Pee payable (2) If in the period for which the registration or the renewal
for motor car of the registration of a motor car is in force the motor car is
used for new
purposes. used for any purpose or in any manner which brings it within any
class or kind of motor cars in respect of which on the date of the
said registration or renewal a higher fee was payable than the fee
(if any) actually paid the owner of the motor car shall within
seven days from the date on which the motor car is so used—
(a) give notice thereof to the Chief Commissioner ; and
(b) pay to him in respect of the remainder of the said
period the proportionate amount of the difference
between the fee actually paid and the said higher
fee.
(3) Every owner of any such motor car who contravenes or
Penalties
fails to comply with any of the provisions of this section shall
(without affecting any other liability of such owner) be liable to
a penalty of not more than Fifty pounds.