An Act to make further and better provision for BE [Assented to, December 7th, 1921.] E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: PART I. 1. This Act may be cited as the "Motor Vehicles Act, 1921." PART III.-Duties of Drivers and Owners of Motor Vehicles, and Offences: PART IV.-General and Supplementary. 3. The following enactments are hereby repealed, namely: 1. The Motor Vehicles Act, 1907: II. Sections 8 and 9 of the Motor Vehicles Tax Act, 1915: III. Section 5 of the Motor Vehicles Tax Act Amendment PART I. Short title. Arrangement of Act. Repeal of Act 938 of 1907, and of Act 1225 of 1915, ss. 8 and 9, and of Act 1301 of 1917, s. 5. 4. In PART 1. Interpretation. 938, 1907, s. 3; 1301, 1917, s. 3. Motor Vehicles Act.-1921. 4. In this Act, unless inconsistent with the context, or some other meaning is clearly intended "Court" means the Special Magistrate or Justices before whom an information or complaint for an offence against this Act is heard: "Driver" means any person driving a motor vehicle or a motor cycle: "Licence" means licence under this Act: "Motor vehicle" means and includes any motor car, motor carriage, automobile, motor cycle, or other vehicle or carriage driven or propelled, or ordinarily capable of being driven or propelled, either partly or wholly, by any volatile spirit, steam, or electricity, or by means other than animal power; but does not include any vehicle run upon a railway or tramway, or any farm tractor which is not used on a public road: "Number" includes a number combined with one or more letters of the alphabet: "Owner" includes the holder under a hire purchase agreement: "Registrar" means the Registrar of Motor Vehicles appointed under this Act or the Act hereby repealed: "Road" means and includes every public road, terrace, thoroughfare, or other public place, and also includes every private road commonly used by the public, or to which the public are permitted to have access: "Street" means and includes every public street or other public place, and also includes every private street commonly used by the public, or to which the public are permitted to have access. PART II. Registrar and Inspectors of Motor Cf. 938, 1907, s. 5. PART II. REGISTRATION OF MOTOR VEHICLES AND 5. (1) The Governor may, for the purposes of this Act, appoint a Registrar of Motor Vehicles, and such Inspectors of Motor Vehicles as he considers necessary. (2) Every Inspector appointed under this Act shall have the same powers, functions, and duties as are conferred by this Act upon members of the Police Force, and every reference in this Act to a member of the Police Force shall be deemed to include a reference to such an Inspector. 6. (1) The Motor Vehicles Act.-1921. PART II Register of register of motor 6. (1) The Registrar shall keep a register for the registration of Registrar to keep motor vehicles. Such register shall be called the " Motor Vehicles." (2) Such register shall be in the prescribed form, and may be kept in two parts, one part relating to motor vehicles not being motor cycles, and the other part relating to motor cycles. vehicles. of motor vehicles. 7. (1) Every owner of a motor vehicle shall, whether such motor Registration vehicle is already registered in the name of a former owner or not, make application to the Registrar in manner prescribed to register Cf. ibid., s. 7., such motor vehicle, and shall furnish with respect thereto the prescribed particulars: Provided that this subsection shall not apply in the case of a motor vehicle kept for sale by a manufacturer of, or dealer in, motor vehicles, if such motor vehicle is not in actual use or available for hire. (2) The Registrar shall thereupon assign a number to the motor vehicle and register it in the Register of Motor Vehicles: Provided that the owner of any registered motor vehicle shall,, subject to anything prescribed in that behalf, be entitled to have the number of such motor vehicle assigned to any other motor vehicle which is acquired by him in substitution for such registered motor vehicle. (3) The coloring of the plates bearing any registered number assigned under this section shall be black, and the coloring of the number thereon shall be white. (4) A fee of Ten Shillings, in the case of a motor vehicle not being a motor cycle, and of Two Shillings and Sixpence, in the case of a motor cycle, shall be paid before the motor vehicle is registered. (5) The Registrar shall, if required, and on payment of the prescribed fee, furnish the owner of any registered motor vehicle with a copy of the entries in the Register relating to such motor vehicle. cancelled. 1225, 1915, 8.9; 1301, 1917, s. 5. 8. (1) Upon the application of any person who is registered Registration may be under this Act or any other Act as the owner of a motor vehicle, and who shows to the satisfaction of the Registrar that he has ceased to be the owner of such motor vehicle or that such motor vehicle is permanently unfit for use as a motor vehicle, the Registrar may cancel the registration of such motor vehicle, and thereupon such person shall cease to be so registered in respect of such motor vehicle. (2) Every application under this section shall be accompanied by such evidence (if any), by way of statutory declaration or otherwise, as is prescribed, or as the Registrar may require. 9. (1) The Registrar may, upon payment of a fee of One Pound for each number, assign to any manufacturer of, or dealer in, motor vehicles, one or more general identification numbers. Special registration and dealers. for manufacturers Cf. 938, 1907 s. 8. (2) No PART II. Registered number to be carried on motor vehicle. Cf. ibid., ss. 9, 10. Motor Vehicles Act.-1921. (2) No manufacturer of, or dealer in, motor vehicles, and no employee of any such manufacturer or dealer, shall drive a motor vehicle, not being registered in the manner prescribed by section 7, in any street or road unless one of the general identification numbers assigned to such manufacturer or dealer, and which is not at the time attached to any other motor vehicle, is attached thereto in the position and in the manner prescribed. (3) The coloring of the plates bearing any general identification number assigned under this section shall be white, and the coloring of the number thereon shall be red, but all the other provisions of this Act as to the registered numbers provided for by section 7 shall apply also to the general identification numbers provided for by this section. (4) The Registrar shall keep in the Register of Motor Vehicles a record showing the name and place of business of every manufacturer or dealer to whom any general identification number has been assigned under this section. (5) A general identification number shall be used only on one of the following occasions (not being on a Sunday or public holiday): I. On the trial of a motor vehicle on or before or after the completion thereof, or of any repairs thereto; II. On the trial of a motor vehicle for an intending purchaser thereof, or on the delivery of a motor vehicle to a purchaser after sale; or III. On driving a motor vehicle to any public show or other public exhibition for trial or display, or on returning therefrom. If any such number is used on any other occasion, the driver of the motor vehicle whereon the same is used shall be guilty of an offence against this Act.. 10. (1) Every motor vehicle required by this Act to be registered shall, at all times whilst it is being driven or is standing in any street or road, carry attached thereto in the prescribed positions two plates as prescribed, one on the front and one on the rear thereof, each having the registered number conspicuously painted or otherwise legibly and permanently marked thereon in manner prescribed. (2) If the provisions of this section are not complied with in the case of any motor vehicle, the owner thereof, and also the driver thereof for the time being, shall be guilty of an offence against this Act, provided that both shall not be punished in respect of the same contravention. 11. When Motor Vehicles Act.-1921. PART II. to ply for hire may 11. Where any motor vehicle is registered under this Act Number plates of and is also licensed by a Municipal or District Council to ply motor vehicle licensed for hire within its Municipality or District, there may appear bear distinctive letter. on the number plates required by this Act to be attached to such Cf. 938, 1907, s. 9 (c). motor vehicle, in addition to the registered number, some distinctive design, character, or letter approved by the Registrar, for the purpose of indicating that such motor vehicle is so licensed. 12. (1) The Registrar may, subject to the provisions of this Act, Power to issue issue a licence to any person who (a) makes written application therefor in the prescribed form; and (b) forwards with such application a fee of Five Shillings, in the case of an application for a licence to drive a motor vehicle not being a motor cycle, and a fee of Two Shillings and Six Pence in the case of an application for a licence to drive a motor cycle, and, subject as aforesaid, may, upon application in the prescribed form, renew any licence. Such renewal shall be in the prescribed form. (2) Every application for the renewal of a licence shall be accompanied by the same fee as was payable on the issue of the licence. licences. 13. (1) Subject to section 52, every licence shall continue in force Duration of licence. for the period of twelve months from the first day of July in each Cf. ibid., s. 13 (part). year. (2) Any person to whom a licence is issued between the first day of January and the thirtieth day of June in any year shall pay only one-half the amount payable for a licence for a year. 14. (1) Upon the application of the licensee under any licence If licence lost, the Registrar may, on proof to his satisfaction of the loss or destruc- duplicate may be tion of such licence, and on payment of a fee of Two Shillings and Six Pence, issue to such licensee a duplicate licence bearing all memoranda indorsed on the original licence. (2) Such duplicate shall avail for all purposes as if it were the original licence. 15. A licence shall not be issued to any person applying for a licence who appears to be suffering from any serious physical incapacity, unless the Registrar is satisfied that such person is competent to drive a motor vehicle with safety to the public. The Registrar, in order to satisfy himself of the competence of any such person, may require him to furnish such evidence of competency as is prescribed, or as the Registrar thinks necessary, or to submit to such tests as are prescribed, or as the Registrar thinks proper to impose, and may refuse to issue the licence until the applicant furnishes such evidence or satisfies such tests. 16. A Power to impose tests of competency to drive in the case of certain persons. |