PART III. Owner to give information to identify driver. Motor Vehicles Act.-1921. that, in the case of a request made to a driver to produce his licence, such driver shall not be deemed to be guilty of an offence under this section if he produces his licence within forty-eight hours of the making of the request. (2) Any member of the Police Force may, without any warrant other than this Act, apprehend any driver of a motor vehicle who is guilty of any offence under this section. 23. (1) Any owner of a motor vehicle shall, if required by a member of the Police Force, truly answer any question put to him Cf. N.S.W. 5, 1909, which may lead to the identification of the person who was driving such motor vehicle on any occasion when an offence under this Act is alleged to have been, or is suspected of having been, committed. s. 5 (3). Manufacturers and dealers to give information to identify driver. Driving on footpaths prohibited. (2) If such owner refuses to answer, or fails to truly answer, any such question he shall be guilty of an offence against this Act. 24. (1) Every manufacturer or dealer to whom a general identification number has been assigned under section 9 shall, if required to do so by any member of the Police Force, furnish to such member the name and address of any person driving on any occasion specified by such member any motor vehicle whereto such number was attached. (2) If any manufacturer or dealer, upon being so required, refuses or fails to furnish such name and address, or furnishes a false name or a false address, he shall be guilty of an offence against this Act. 25. Any person who drives any motor vehicle upon any footpath, except at right angles in crossing to or from any premises, shall be S.A. 938, 1907, s. 22. guilty of an offence against this Act. Driver of motor vehicle intoxicated. N.S.W. 11, 1915, s. 4 (part). Driver of motor vehicle subject to control of police constables. S. A. 938, 1907, s. 25 (a), (b). Registered owners and licensed drivers to notify change of address. 26. Any person who drives a motor vehicle whilst he is so much under the influence of intoxicating liquor as to be incapable of exercising effective control of such motor vehicle, shall be liable to a penalty for a first offence of not less than Ten Pounds and not more than Fifty Pounds, and for any subsequent offence of not less than Fifty Pounds and not more than One Hundred Pounds. 27. (1) Every driver of a motor vehicle shall stop such vehicle if and when required to do so by a member of the Police Force, and shall obey any reasonable directions of such member. (2) Every driver of a motor vehicle who is engaged in taking up or setting down persons in any street or road, or is waiting in any street or road for any such purpose, shall forthwith obey the reasonable directions of any member of the Police Force 28. Every person registered as the owner of a motor vehicle and every person licensed to drive a motor vehicle who permanently changes his place of abode shall, within fourteen days of so doing, give written notice to the Registrar of his new place of abode. 29. Every Motor Vehicles Act.-1921. PART 111. motor vehicle to 29. Every person registered as the owner of a motor vehicle Owner disposing of who sells or otherwise disposes of such motor vehicle shall, within give notice to fourteen days of such sale or disposal, cause notice in writing of such Registrar. sale or disposal, and of the name and address of the new owner of such motor vehicle, to be given to the Registrar. 30. (1) No person shall drive in any street or road a motor vehicle which has not attached thereto, under the immediate control of the hand or foot of the driver, a proper bell, horn, or other instrument capable of giving audible and sufficient warning of the approach and position of such motor vehicle. (2) Every driver of a motor vehicle shall, whenever necessary, by Ibid., s. 21. sounding the bell, horn, or other instrument attached thereto, give audible and sufficient warning of the approach or position of such motor vehicle. 31. Whenever, except for some temporary or accidental cause, a motor vehicle emits smoke or visible vapor or any offensive noise or smell in any street or road in such a quantity or to such an extent as to be a source of annoyance or danger to the public, the owner and also the driver of such motor vehicle shall be guilty of an offence against this Act: Provided that both shall not be punished in respect of the same contravention of this section. 32. (1) Every motor vehicle other than a motor cycle which is Lighted lamps to being driven or is standing at any time between half an hour be carried at night. after sunset and half an hour before sunrise in any street Cf. S.A. 938, 1907, or road shall carry attached thereto (a) two lighted lamps carried one on each side of such motor vehicle, such lamps being so constructed and carried as (b) a lighted lamp carried on the off side of the rear of such Provided that if one or more trailers are attached to such motor vehicle the light provided for by subdivision (b) hereof shall be placed on the offside of the rear of such trailer, or on the offside of the rear of the rearmost of such trailers, if there is more than one, instead of on such motor vehicle. (2) Every ss. 18, 19. PART III. Side-car to be on left side of motor cycle. Driver must be licensed, and vehicle numbered. Ibid., s. 6, cf. S.A. 938, 1907, s. 15. Motor Vehicles Act.-1921. (2) Every motor cycle which is being driven or is standing at any time between half an hour after sunset and half an hour before sunrise in any street or road shall carry attached thereto a lighted lamp carried on the front of such motor cycle, such lamp being so constructed and carried as to show a bright white light in front of such motor cycle and also to illuminate and render easily distinguishable from a distance of at least ten yards each figure and letter on the number-plate attached to the front of such motor cycle. (3) If a side-car is attached to such motor cycle, there shall be carried, in addition to the lighted lamp provided for by subsection (2) hereof, a lighted lamp attached to the front of such side-car, such lamp being so constructed and carried as to show a bright white light in front of such side-car. (4) If any contravention of this section occurs, the owner and also the driver of the motor vehicle concerned shall be guilty of an offence against this Act: Provided that both shall not be punished in respect of the same contravention. 33. (1) No motor cycle having a side-car attached thereto shall be driven or shall stand in any street or road unless such sidecar is so attached on the left side of such motor cycle. (2) If any contravention of this section occurs, the owner and also the driver of the motor cycle concerned shall be guilty of an offence against this Act: Provided that both shall not be punished in respect of the same contravention. (3) This section shall not apply to any motor cycle and side-car in use at the time of the passing of this Act. 34. Any person who, unless exempted by the regulations,— (a) drives a motor vehicle in any street or road without being licensed for that purpose; or (b) employs or permits any person not so licensed to drive a motor vehicle in any street or road; or (c) drives or causes or permits to be driven in any street or road a motor vehicle 1. not being registered under this Act; or II not having the prescribed number-plates affixed thereto, in the prescribed manner or at all; or III. having either of the number-plates obscured so that the numbers upon such plates are not clearly visible; or IV. having the registered number upon either of the number-plates wholly or partly obliterated by paint or any other material; or v. having shall be guilty of an offence against this Act: Provided that no person shall be liable to a penalty for any breach of this section if he proves to the satisfaction of the Court that he took all reasonable precautions to prevent such breach, or that such breach was the result of an accident. 35. Any person who (a) by any false statement or misrepresentation obtains or attempts to obtain a licence under this Act; or (b) without lawful excuse has in his possession a licence, or any article resembling a licence and liable to be mistaken therefor; or (c) forges or fraudulently alters or uses, or fraudulently lends or allows to be used by any other person, any licence or any number-plate or mark for identifying a motor vehicle under this Act; or (d) owns, or drives upon a street or road, any unregistered motor vehicle having upon it any numbers or number-plate of a description prescribed to be fixed to registered motor vehicles, shall be guilty of an offence against this Act. PART III. Unlawfully obtaining or possessing licences, etc. Cf. N.S.W. 5, 1909, 8. 7. of accident. 8. 24. 36. (1) Any person driving a motor vehicle shall in any case, if Driver to stop in case an accident occurs to any person, or to any animal or vehicle in charge of any person, caused by such motor vehicle or owing to the Cf. S.A. 938, 1907, presence of such motor vehicle upon any street or road, stop, and, if required by any person, state his name and place of abode, and also the name and place of abode of the owner and the registered number of the motor vehicle. (2) Any person wilfully acting in contravention of this section shall be guilty of an offence against this Act. Motor vehicles not to consent of owner. be used without 37. (1) Any person who drives or uses any motor vehicle without first obtaining the consent of the owner thereof shall be guilty of an offence against this Act: Provided that the provisions of this N.S. W. 11, 1915, s. 6 section shall not apply to a member of the Police Force in the (part). execution of his duty under this Act. (2) Any person who is guilty of any contravention of this section shall be liable to imprisonment for any period not exceeding six months, in addition to the pecuniary penalty provided by this Act. 38. Any PART III. Riding without consent. Interfering with motor vehicle. Procuring use of car Production of licence at Court. N.S.W. 5, 1909, s. 9. False statement by applicant for licence or for registration punishable. Powers and duties of Police. Motor Vehicles Act.-1921. 38. Any person who rides on or causes himself to be drawn by a motor vehicle, without the consent of the driver of such motor vehicle, shall be guilty of an offence against this Act. 39. Any person who interferes with or tampers with a motor vehicle or any part thereof, without first obtaining the consent of the owner thereof, shall be guilty of an offence against this Act 40. (1) Any person who procures the use or hire of any motor vehicle by fraud or misrepresentation shall be guilty of an offence against this Act. (2) Any person who is guilty of any contravention of this section shall be liable to imprisonment for any period not exceeding six months, in addition to the pecuniary penalty provided by this Act. 41. (1) Whenever a licensed driver is charged with any breach of this Act he shall produce his licence to the Court at the time of the hearing of the charge. (2) If such driver fails without reasonable excuse to produce his licence as aforesaid, he shall be guilty of an offence against this Act. 42. Any person who wilfully makes any false statement in an application under this Act for the registration of a motor vehicle, or in an application for the issue or renewal of a licence to drive a motor vehicle, shall be guilty of an offence against this Act. 43. (1) Every member of the Police Force shall see that this Act is duly observed. (2) In all cases not expressly provided for by this Act, any member of the Police Force in the execution of his duty under this Act may give such reasonable directions to persons driving motor vehicles upon any street or road as may, in his opinion, be necessary for the safe and efficient regulation of the traffic thereon, or for the purpose of ascertaining whether any offence against this Act has been or is being committed. (3) Any person who (a) obstructs or hinders any member of the Police Force in the exercise of his duties under this Act; or (b) in any way interferes with or prevents the exercise of any of the powers conferred or the discharge of any of the duties imposed by this Act upon members of the Police Force; or (c) disobeys any lawful order or direction of a member of the Police Force in the exercise of his duties under this Act, shall be guilty of an offence against this Act. PART |