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No. 938.

An Act relating to Motor Vehicles.

[Assented to, December 21st, 1907.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. This Act may be cited as "The Motor Vehicles Act, 1907."

Short title.

2. "The Motor Traffic Regulation Act, 1904," is hereby repealed. Repeal. The Act No. 16 of 1872, and "The Lights on Vehicles Amendment Act, 1903," are hereby repealed so far as they relate, or but for this repeal might relate, to motor vehicles.

3. In this Act and any regulations thereunder, unless the context Interpretation. otherwise requires, the words

"This Act" includes regulations:

"District" means the districts constituted under "The District Councils Act, 1887," so far as such districts are specially mentioned:

"Minister" means the Treasurer for the time being of the said State, or any other Minister appointed by the Governor to administer this Act:

"Motor vehicle" mean and include 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 shall not include

Indication of penalties.

Registrar.

Registrar to keep register of motor vehicles.

Registration.

Registrar to assign number.

Special registration

dealers.

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The Motor Vehicles Act.-1907.

include any vehicle run upon a railway or tramway, or any traction engine:

Municipality" means any locality, the citizens of which are incorporated under "The Municipal Corporations Act, 1890," so far as such localities are specifically mentioned:

"Registrar" means the Registrar of Motor Vehicles, appointed under this Act:

"Regulations" means regulations made under or by virtue of this Act:

"Street" means and includes every street, roadway, terrace, thoroughfare, or other public place.

4. The penalties referred to at the foot of any section in this Act or of any regulation thereunder shall be deemed and taken to indicate that any contravention of such section or regulation, whether by act of commission or omission, is and shall be deemed to be an offence punishable on conviction by a penalty not exceeding the penalty mentioned.

5. The Governor may from time to time appoint a Registrar under this Act.

6. The Registrar shall keep a register for the registration of motor vehicles; such register shall be in the form set out in the First Schedule hereto, or in a form to the like effect, 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.

7. (a) Every owner of a motor vehicle, not being a motor unsold or kept in stock by the owner or agent of the owner, and not being in actual use or kept for hire, shall register such motor vehicle with the Registrar, and shall furnish the particulars set out in the form in the Second Schedule hereto. Subject to the provisions of the next section of this Act a fee of Ten Shillings in the case of a motor vehicle not being a motor cycle, or of Two Shillings and Six Pence in case of a motor cycle, shall be paid before the motor vehicle is registered: Provided that owners shall not be required to register motor vehicles registered at the time of the passing of this Act. Penalty, Five Pounds.

(b) The Registrar shall thereupon assign a number to the motor vehicle and register it in the register of motor vehicles. The Registrar, on the registration of the motor vehicle, shall forthwith furnish the owner thereof with a copy of the entries in the register relating to the motor vehicle.

8. (1) The Registrar may assign to any manufacturer of, or dealer for manufacturers and in, motor vehicles general identification numbers, which shall be used only for motor vehicles on trial after completion, or on trial by an intending purchaser. The fee shall be Ten Shillings for each number assigned.

(2) The

The Motor Vehicles Act.-1907.

(2) The coloring of the plates having placed thereon or annexed thereto any of such distinguishing numbers shall be different from that used for the plates required to be used by owners and specified in the Third Schedule hereto, but all other provisions of these regulations as to the size and position of the plates shall apply.

(3) Whenever any manufacturer or agent shall use any number assigned to him under this section he shall supply the name and address of the person driving the motor vehicle on that occasion if required to do so by the Registrar.

(4) The Registrar shall keep in the register of motor vehicles a record showing the name of the manufacturer or dealer to whom any general identification numbers have been assigned, the place of business of the manufacturer or dealer, and a description of the coloring adopted under the provisions of subsection (2) hereof. Penalty, Ten Pounds.

Plates on motor vehicles other than

9. (a) Every owner of a motor vehicle not being a motor cycle shall affix, and keep affixed, to such motor vehicle two plates, cycles. one on the front and the other on the back thereof, in an upright position, and so that every figure of the registered number is upright and easily distinguishable, from the front in the case of the plate placed on the front of such motor vehicle, and from behind in the case of the plate placed on the back of such motor vehicle.

(b) Such plates must conform, as to lettering, numbering, and otherwise, with the provisions set out in the Third Schedule hereto.

(c) Where any motor vehicle is registered as aforesaid and is also licensed to ply for hire by a Municipal Corporation the plate bearing the number assigned by the licensing Corporation to such vehicle shall, by the addition of some distinctive design, character, or letter, or letters, to be approved by the Registrar, be distinguished from the plate and number provided for by this Act.

Penalty, Ten Pounds.

10. (a) Every owner of a motor cycle shall have a plate affixed Plates on motor to such motor cycle in such a position that the figures of the cycles. registered number are easily distinguishable from both sides.

(b) Such plates must conform as to numbering, lettering, and otherwise with the provisions set out in the said Third Schedule.

Penalty, Ten Pounds.

11. The Registrar shall establish and keep a register of licences Register of licences. in the form set out in the Fourth Schedule hereto, or in a form to the like effect.

12. (a) Subject to the provisions of this Act the Registrar may, Registrar may licence. upon an application being made to him in the form in the Fifth Schedule, grant a licence to drive a motor vehicle, in the form of the Sixth Schedule hereto, to any person on payment of a fee of

Five

Proviso as to age.

Special licences for employés of manu

The Motor Vehicles Act.-1907.

Five Shillings in the case of a licence to drive a motor vehicle (not being a motor cycle), and Two Shillings and Six Pence in the case of a licence to drive a motor cycle: Provided however that no person under the age of seventeen years shall be entitled to a licence to drive a motor vehicle not being a motor cycle, and no person under the age of fourteen years shall be entitled to a licence to drive or ride a motor cycle.

(b) The Registrar may issue to any manufacturer of, or dealer in facturers and dealers, motor vehicles, special drivers' licences, which may be used by any bona fide employé of the manufacturer or dealer whilst actually employed in the trial of a motor vehicle after completion or repair, or for an intending purchaser, and not otherwise; and one of such special licences shall be carried by the employé whilst so employed, and be produced if called upon by the Registrar or a police constable. The annual fee shall be Two Shillings and Six Pence for each licence. No person shall use any such licence otherwise than as above provided.

Renewal of licence.

Particulars to be furnished.

Driver must be licensed.

Licence to be produced on demand.

Careless driving.

Penalty, Ten Pounds.

13. A licence shall remain in force for a period of twelve months only from the date on which it is granted, but may be renewed annually, upon an application being made to the Registrar in the form in the Seventh Schedule hereto, and on the payment of the like fees as upon the original grant; and the same provisions shall apply with respect to the renewal of the licence as apply with respect to the grant of the licence. Such renewal licence may be in the form in the Eighth Schedule hereto.

14. A person who desires to obtain the grant or renewal of a licence to drive a motor vehicle must apply to the Registrar, and furnish the particulars set out in the Fifth or Seventh Schedules hereto, as the case may require.

15. (a) No person shall drive a motor vehicle unless he is licensed for the purpose; and

(b) No person shall employ any person who is not so licensed to

drive a motor vehicle.

Penalty, Ten Pounds.

16. Any person driving a motor vehicle shall, when demanded by the Registrar or any police constable, produce his licence for inspection within twenty-four hours.

Penalty, Two Pounds.

17. No person shall drive or ride a motor vehicle in, upon, or along any street at a speed which, having regard to all the circumstances of the case, is or might be dangerous to life or property.

Penalty, Twenty Pounds.

The Motor Vehicles Act.-1907.

vehicles, other than

18. No person shall drive a motor vehicle (not being a motor cycle) Lights on motor in any street between the half-hour after sunset and the half-hour cycles. before sunrise unless there shall be securely attached thereto two good and sufficient lighted lamps, either in front or one on each side of such motor vehicle, showing two bright white lights visible, and such lamps being in such positions that such lights may be seen in a straight line in the direction in which such motor vehicle is, or is about to be, driven, sufficiently far to adequately signal the approach and position of such motor vehicle.

Penalty, Twenty Pounds.

19. No person shall drive or ride a motor cycle in any street Lights on motor between the half-hour after sunset and the half-hour before sunrise cycles. unless there shall be attached thereto a good and sufficient lighted lamp showing a bright white light visible, and such lamp being in such a position that such light may be seen in a straight line in the direction in which such motor cycle is, or is about to be, driven or ridden, sufficiently far to adequately signal the approach and position of such motor cycle.

Penalty, Twenty Pounds.

20. No person shall ride, drive, or propel a motor vehicle which Bell to be carried. has not attached thereto a proper bell, horn, or other like instrument

capable of giving audible and sufficient warning of the approach and

position of the motor vehicle.

Penalty, Ten Pounds.

of motor vehicle.

21. Every driver or rider of a motor vehicle shall, whenever Warning of approach necessary, by sounding the bell, horn, or other like instrument attached thereto, give audible and sufficient warning of the approach or position of the motor vehicle.

Penalty, Ten Pounds.

22. No person shall drive or ride a motor vehicle upon any foot- No driving on footpath, except when crossing from or to any premises.

Penalty, Ten Pounds.

paths.

23. No person shall drive a motor vehicle backwards for a greater Driving backwards. distance or time than the necessity of the case or the purposes of

safety shall require.

Penalty, Ten Pounds.

of accident.

24. A person driving or riding a motor vehicle shall, in any case, Duty to stop in case if an accident occurs or is likely to occur to any person, whether on foot, on horseback, or in a carriage, or to any horse or carriage in charge of any person, owing to the presence of the motor vehicle in the street, stop and remain stationary at such a distance and so long as may be reasonably necessary, and shall, if required, give his name and address and (if he be not the owner) the name and address of the owner of the motor vehicle.

Penalty, Twenty Pounds.

25. (a) Every

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