Wednesday, May 18, 2011 at 06:56
Part 3 Section 4A of the Traffic Act
Traffic Act 1909 No 5
Repealed version for 8 October 1999 to 30 November 1999(accessed 18 May 2011 at 06:51)
Part 3Section 4A
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4A Speed limits
(1) Any person who upon any length of road or road related area drives a motor vehicle at a speed in excess of the speed limit applicable to that length of road or road related area shall be guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units.
(1A) A person who on any length of road or road related area drives a motor vehicle at a speed which exceeds, by more than 45 kilometres per hour, the speed limit applicable to that length of road or road related area is guilty of an offence under this Act and liable to a penalty not exceeding 30 penalty units in the case of a heavy motor vehicle or coach, or 20 penalty units in any other case, and, in addition:
(a) the person is disqualified by a conviction for the offence (and without any specific order) for 3 months from holding a driver licence, or
(b) where the court on the conviction thinks fit to order a longer period of disqualification, the person is disqualified for the period specified in the order.
(1B) A person who on any length of road or road related area drives a motor vehicle at a speed which exceeds, by more than 30 kilometres per hour but not more than 45 kilometres per hour, the speed limit applicable to that length of road or road related area is guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units and, in addition:
(a) the person is disqualified by a conviction for the offence (and without any specific order) for 1 month from holding a driver licence, or
(b) where the court on the conviction thinks fit to order a longer period of disqualification, the person is disqualified for the period specified in the order.
(2) For the purposes of this section, the speed limit:
(a) is 60 kilometres per hour for a length of road or road related area (not being within a shared traffic zone) for which provision is made for it to be lit by road or road related area lighting and to which no direction given under subsection (3) applies,
(b) is 100 kilometres per hour for a length of road or road related area (not being within a shared traffic zone) for which no provision is made for it to be lit by road or road related area lighting and to which no direction given under subsection (3) applies,
(c) is 10 kilometres per hour for a length of road or road related area that is within a shared traffic zone, and
(d) where the length of road or road related area is the subject of a direction given under subsection (3)—is the speed specified in the direction.
(2A) If, on a prosecution of a person for an offence under subsection (1A), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that it was exceeded by more than 45 kilometres per hour, the court may convict the person of an offence under subsection (1), or under subsection (1B) if satisfied that it was exceeded by more than 30 kilometres per hour.
(2B) If, on a prosecution of a person for an offence under subsection (1B), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that it was exceeded by more than 30 kilometres per hour, the court may convict the person of an offence under subsection (1).
(3) The Authority may, at any time, with respect to any length of road or road related area (not being within a shared traffic zone), give a direction fixing the speed limit applicable to that length of road or road related area.
(3A) The Authority may, at any time, revoke or vary any direction given under subsection (3).
(3B) A reference in this Act, or any other instrument, to a direction given by the Authority under subsection (3) includes, where the direction has been varied by the Authority under subsection (3A), the direction as so varied.
(4) The regulations:
(a) shall provide for the display and form of signs to indicate, with respect to a length of road or road related area, the speed limit applicable to that length of road or road related area by virtue of a direction under subsection (3),
(b) may provide for the display of any other signs necessary or convenient for carrying this section into effect, and
(c) may prescribe any matter necessary or convenient to be prescribed in relation to any such signs.
(5) In any proceedings in any court, evidence that a sign is, with respect to a length of road or road related area, displayed in accordance with the regulations made for the purposes of subsection (4) shall be prima facie evidence that the speed limit indicated by the sign applies to that length of road or road related area.
(5A) In any proceedings in any court, evidence that a sign indicating the existence of a shared traffic zone is, with respect to a length of road or road related area that is within the zone, displayed in accordance with regulations made for the purposes of section 4D shall be prima facie evidence that the speed limit applicable to shared traffic zones applies to that length of road or road related area.
(5B) A person who drives a motor vehicle on a road or road related area at a speed that exceeds, by more than 45 kilometres per hour, a speed fixed by the regulations as the maximum speed:
(a) at which motor vehicles of a class that includes that motor vehicle may be driven, or
(b) at which any motor vehicle, or any motor vehicle of a class that includes that motor vehicle, may be driven by drivers of a class that includes that person,
is guilty of an offence under this Act and liable to the same penalties, and to be dealt with in the same manner, as for an offence under subsection (1A). This subsection applies only where the maximum speed fixed by the regulations is below the speed limit applicable to the length of road or road related area on which the vehicle is being driven.
(5BA) A person who drives a motor vehicle on a road or road related area at a speed that exceeds, by more than 30 kilometres per hour but not more than 45 kilometres per hour, a speed fixed by the regulations as the maximum speed:
(a) at which motor vehicles of a class that includes that motor vehicle may be driven, or
(b) at which any motor vehicle, or any motor vehicle of a class that includes that motor vehicle, may be driven by drivers of a class that includes that person,
is guilty of an offence under this Act and liable to the same penalties, and to be dealt with in the same manner, as for an offence under subsection (1B). This subsection applies only where the maximum speed limit fixed by the regulations is below the speed limit applicable to the length of road or road related area on which the vehicle is being driven.
(5C) If, on a prosecution of a person for an offence under subsection (5B), the court is satisfied that the person exceeded the relevant maximum speed fixed by the regulations, but is not satisfied that it was exceeded by more than 45 kilometres per hour, the court may convict the person of an offence under subsection (5BA) if satisfied that it was exceeded by more than 30 kilometres per hour or may, to the extent that exceeding the speed so fixed constitutes an offence under the regulations, convict the person of that offence instead.
(5D) If, on a prosecution of a person for an offence under subsection (5BA), the court is satisfied that the person exceeded the relevant maximum speed limit fixed by the regulations, but is not satisfied that it was exceeded by more than 30 kilometres per hour, the court may, to the extent that exceeding the speed limit so fixed constitutes an offence against the regulations, convict the person of that offence instead.
(6) Nothing in this section shall be construed to justify the driving of any motor vehicle upon a road or road related area at a speed which:
(a) having regard to all the circumstances of the case, is dangerous to the public, whether or not such speed is less than the limit fixed by this section, or
(b) exceeds any maximum speed applicable to such vehicle and fixed by or under any Act, regulation or ordinance.
(7) The provisions of this section shall not apply to the driver of:
(a) any motor vehicle whilst conveying a member of the police force on urgent duty,
(b) any fire engine, reel or other similar vehicle whilst proceeding to a fire,
(c) any ambulance vehicle whilst proceeding to the scene of an accident or to a hospital with an injured person, or
(d) any vehicle referred to in paragraph (a), (b) or (c) whilst proceeding to any place to deal with an emergency,
if the observance of those provisions would be likely to hinder the use of the vehicle for any purpose aforesaid: Provided that such driver shall give the best practicable warning so as to enable way to be made for such vehicle.
(8) The provisions of this section shall not apply to the driver of a motor vehicle which is taking part in a race, an attempt to break a motor vehicle speed record, a trial of speed or any competitive trial as referred to in section 4B (1) (a) in accordance with an approval given and any conditions imposed by the Commissioner of Police pursuant to section 4B.
(9) In this section:
ambulance vehicle includes any motor vehicle or trailer used in the provision of ambulance services (as defined in the Ambulance Services Act 1976) and provided, conducted, operated or maintained by the Health Administration Corporation constituted by the Health Administration Act 1982.
motor vehicle includes a trailer.
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NOTE No reference to driving UNDER the speed limit. This hoax is often perpetrated by persons who don;t know the law, and have never inquired about it. It is not an offense to drive 20kph under the speed limit. It may be an offense to deliberately obstruct traffic, depending on the circumstances, and the nature of the road, but speed relative to the speed limit has NOTHING to do with it.
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