AUSTRALIAN CAPITAL TERRITORY

TRAFFIC ORDINANCE 1964

EXPLANATORY MEMORANDUM

No. 9 of 1964

	The draft Traffic Ordinance 1964 contains amendments to the principal Ordinance which are supplementary to the amendments to the Motor Traffic Ordinance.  The Ordinance will come into operation on the 14th of September concurrently with the commencement of the Motor Traffic Ordinance 1964.

	The amendments to be effected are set out hereunder :–

(i)	The amendment to the definition of “bicycle” is a drafting amendment which will be made to clarify the category of objects to which that definition is to apply.

(ii)	Section 3 of the draft Ordinance will insert a definition of the term “carriageway” in the principal Ordinance.

(iii)	The definitions of the terms “inspector”, “motor vehicle”, “officer”, “public street” and “the registrar” are to have corresponding meanings to those which they have under the Motor Traffic Ordinance.  This amendment will obviate the necessity of defining the terms in the Traffic Ordinance and of appointing officers under both Ordinances.

(iv)	The term “pedestrian” will be defined to include children in toy carriages and in perambulators for the reason that it is not considered appropriate that those objects should be described as vehicles.

(v)	Section 78C of Motor Traffic Ordinance, which relates to width of vehicles, will now apply to vehicles as defined under the Traffic Ordinance.  Section 18 of the Traffic Ordinance serves a similar purpose and will be repealed as its existence entails a duplication of administrative procedures in relation to the granting of permits, for the carrying of wide loads.

(vi)	Section 5 of the draft Ordinance will extend the provisions of the Motor Traffic Ordinance relating to rules of the road and rules relating to parking to vehicles (as distinct from motor vehicles) to which the Traffic Ordinance applies.

(vii)	Sub-section (2.) of the new section 25 will provide that references to drivers in the Motor Traffic Ordinance shall be read as references to riders, and that references to a motor vehicle shall be read as references to a vehicle, bicycle or animal.  Sub-section (3.) of the new section will impose a penalty which will attach to any person guilty of an offence against a section of the Motor Traffic Ordinance which has been extended to apply to vehicles, where such section does not specify a penalty.

(viii)	The new section 26 will regulate pedestrian behaviour on public streets.  “Walk” and “Don’t Walk” appliances will be attached to the traffic lights to be erected in the city in the near future.  Section 26 will create an offence of crossing a road contrary to a “Don’t Walk” sign or a control signal displaying a red light.  Under sub-section (3.) of that section it will be an offence to cross a street in which traffic lights are erected elsewhere than within a pedestrian crossing or at an intersection of that street and another street.  The sub-section further provides that it shall be an offence for a person to cross a public street between two successive intersections at which traffic lights are erected elsewhere than at those intersections unless a pedestrian crossing is marked between the intersections.  Under sub-section (4.) a pedestrian will be required to cross the public street by the most direct route.

(ix)	Section 29 of the principal Ordinance contains a proviso which, in effect, permits the parking of a vehicle at night without parking lights provided that the vehicle is clearly visible and is parked under a street lamp.  As street lamps are not lighted for the duration of the night and visibility is often impaired by weather conditions, in all areas of the city, the proviso will be repealed.  The amendment to the section will also provide for a requirement that reflectors be attached to the rear of vehicles.  Similar amendments were made to the Motor Traffic Ordinance in relation to motor vehicles in 1956.