Part VI Part VI
PART 17 PART 17 TRAFFIC OFFENCES
Heading substituted by regulations published Gazette 7 August 1965, pp. 1825-6 (as from 16 August 1965).
140. (1) For the purposes of the Act and this Part of these Regulations, the offences referred to hereunder shall be traffic offences in respect of which a notice may be given to an offender or affixed to a vehicle advising that a prescribed penalty may be paid within twenty-one days from the date when the notice is given or affixed for any such offence without involving court proceedings, and the sums of money which shall be so payable by way of penalties in respect of such offences shall be as indicated herein-
OFFENCE
Parking, stopping or standing of vehicles
(a) Any offence of parking, stopping or standing a vehicle in contravention of any provision of Regulation 54, 55 (other than an offence against paragraph (f), (k), (1), or (m) thereof), 56 or 57 of these Regulations, or any offence of parking or stopping a vehicle in contravention of
PENALTY
$
any provision in Section 12F of the Act 5
(aa) Any offence against any provision of paragraph (f) of Regulation 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 (ab) Any offence against any provision of paragraph (k) of Regulation
55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 (ac) Any offence against any provision of paragraph (1) of Regulation
55 . . . . . . . . 30
(ad) Any offence against any provision of paragraph (m) of Regulation 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 (ae) Any offence of standing a vehicle in contravention of any provision
in Section 12F of the Act . . . . . . . . 20 Construction and equipment of vehicles
(b) Any offence committed by the owner of a vehicle in contravention of any provision in Regulation 68 (1) of these Regulations-
Divisions 1 to 3 of the Schedule to Part 13 of these
Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 4 of the Schedule to Part 13 of these Regulations 6 Division 5 of the Schedule to Part 13 of these Regulations 2 (c) Any offence committed by the driver of a vehicle in contravention
of any provision in Regulation 68 (1) of these Regulations-
Divisions 1 to 3 of the Schedule to Part 13 of these Regulations 15 Division 4 of the Schedule to Part 13 of these Regulations 6 Division 5 of the Schedule to Part 13 of these Regulations 2
REGULATIONS r.140113 OFFENCE
Other Offences
(d) Any offence in contravention of any provision of section 39 (2) (b) of the Act . . . . (e) Any offence in .contravention of any provision of the following
Regulations:-
11 (1) (a)-Offence committed by owner or driver of a vehicle -Offence committed by other than owner or driver of
a vehicle 11 (1) (b) ..
18 ..
20, 21 22 23 24 25 26 27 28 29 ..
30 31
32 . . . . . .
32A, 32B, 32C . . . . . . . . . . . . 34, 34A, 35, 36, 36A, 37, 38 (1), 38 (2) 38 (3) . . . . . .
39 (1) . . . . . . 39 (2), 39 (3) . . . .
40, 41, 42 . . . . . . . . . . . . . . . . 43, 44, 45 ..
46, 46A, 47 48 ..
49 . . . .
50, 51, 52 . . . .
where maximum speed limit is exceeded by less than 15 km/h . . . .
where maximum speed limit is exceeded by 15 km/h or more but less than 30 km/h . . . . . . . . . . . . . . . . . . . . . . where maximum speed limit is exceeded by 30 km/h or
more ....
57A.. . . . . . . 68 (2), 68 (4) . . . . 68 (6), 68 (7), 69 ..
70 71 ..
72 73, 73A, 74 75, 75A, 76 77 ..
78 . . . . . . . . . . 79, 80 . . . .
81, 82, 83, 84 ..
85 86 87 88
PENALTY
$
15
30 10 30 40 50 40 50 30 40 30 40 30 40 90 30 70 30 40 20 60 100 5 40 30 40 30
30 60 90 30 20 30 5 30 6 20 40 30 40 10 40 10 40 15 30
OFFENCE
Other Offences-continued
89 . . . .
90-motor vehicle -other vehicle 90A, 90c ..
90B, 90D ..
93, 94 . . . . 96, 97, 98 (1), 98 (2), 99 100, 101, 102 . . . . 109 (4) . . . . 109 (5), 109 (6), 109 (7) 1 lOA
115 . . . . . . 117 (2), 118, 119 . 121 ..
122, 123 . . . . 124, 125 126, 126A, 126B 130 . . . . 131 (1).
134A ..
138 (1), 139 141 . 143 ..
144 . . . . 144A, 144B 145 ..
146 ..
147 (1).
147 (2) . . . . 148, 149, 150, 151 (1) 151 (2). . . 152 ( 1 ), 152 (2) ..
153 . 154 . 155 (a) . . . . 155 (b).. . . 156 (1), 156 (2), 156 (3) 156 (5) ..
157 (1) ..
157 (2) ..
158 . . . . 159, 159A 160 ..
163 ..
164 (10) 184 ..
PENALTY
$ 40 40 5 20 40 10 2 10 10 30 15 5 20 5 10 30 6 25 10 40 10 40 20 40 100 40 30 15 20 30 6 30 2 10 6 2 30 10 30 6 15 40 20 10 6 40 (2) In any proceedings in respect of a matter for which a notice has been given under this Regu1ation-
(a) proof of payment of the prescribed penalty may be given by the production of a receipt purporting to be issued by or on behalf of whatever officer is the appropriate officer in accordance with subregulation (1) of Regulation 142;
(b) proof of payment or non-payment of the prescribed penalty may be given by the production of a certificate purporting to be signed by whatever officer is the appropriate officer in accordance with subregulation ( 1) of Regulation 142 that the prescribed penalty was or was not paid on or before any relevant date.
(3) A receipt or certificate referred to in subregulation (2) shall be, in the absence of proof to the contrary, conclusive evidence that-
(a) the person purporting to sign the receipt or certificate had authority to do so;
and
(b) according to the certificate, the prescribed penalty was or was not paid as the case may be on or before any relevant date.
Substituted by regulations published Gazette 7 August I965, pp. I825-6 (as from I6 August I965); as amended by regulations published Gazette 20 December I969, pp. I775- 6 (as from I9 January I970); I9 December I970, p. I557 (as from I January I971); 27 November I971, pp. 1477-8 (as from I January I972); 22 June I974, pp. 11I6-20; 2I September I974, p. 290; 2I December I974, pp. I595-6; 24 May I975, p. 660; 3 July I976, p. 1354; 5 August I978, pp. I595-I604; 11 October I980, p. 711; I November I980, p.
1046; 20 December I980, p. I613; substituted by regulations published Gazette 22 August I98I, p. 2647 (as from I October I98I); II December I982, p. I734; 6 August I983, pp.
2011-3; 5 May I984, p. I74; 11 August I984, p. 2099; I September I984, pp. 75-6; 22 September I984, pp. 410-3 (asfrom I December I984); I3 July I985, pp. I8I6-7; 24August I985, p. 2482; I February I986, pp. 406-9; 10 May I986, pp. 582-6 (as from I June I986);
I9 July I986, pp. 2I85-9; 20 December I986, p. 2423.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of I965.
NOTICE OF ALLEGED OFFENCE
141. A person, other than the owner or person in charge of a vehicle shall not remove, deface, or interfere with a notice issued in pursuance of the provisions of section 44F of the Act as applied by section 45A thereof and affixed to a vehicle.
Substituted by regulation published Gazette 7 August I965, pp. I825-6 (as from I6 August I965).
142. (!) For the purpose of applying subsection (!) of section 44F of the Act to offences prescribed under Regulation 140, reference in that subsection (1) to the Town Clerk or officer nominated in that behalf shall be read as reference to-
( a) Where the offence is detected in the Magistrates Courts District of Brisbane- The Secretary, Department of Transport, Brisbane; or
(b) Where the offence is detected in a Magistrates Courts District other than the Magistrates Courts District of Brisbane-the Clerk of the Court of the District in which the offence is detected, or if there is more than one Court in such District, the Clerk of the Court in that District nearest to the place where the Police Officer detecting the offence is stationed, or if the Police Officer detecting the offence is stationed in some other Magistrates Courts District, the Clerk of the Court of the District in which the offence is detected and nearest to where the offence is detected.
(2) For the purpose of applying subsection (2) of section 44F of the Act to offences prescribed under Regulation 140, reference in that subsection (2) to the Town Clerk shall be read as reference to a District Superintendent or Superintendent.
(3) For the purpose of applying subsection (1) of section 44G of the Act to offences prescribed under Regulation 140-
(a) Reference in that subsection (I) to the Town Clerk or officer nominated in that behalf shall· be read as reference to-
(i) Where the offence is detected in the Magistrates Courts District of Brisbane- The Secretary, Department of Transport, Brisbane; or
(ii) Where the offence is detected in a Magistrates Courts District other than the Magistrates Courts District of Brisbane-the Clerk of the Court of the District in which the offence is detected, or if there is more than one Court in such District, the Clerk of the Court in that District nearest to the place where the Police Officer detecting the offence is stationed, or if the Police Officer detecting the offence is stationed in some other Magistrates Courts District, the Clerk of the Court of the District in. which the offence is detected and nearest to where the offence is detected.
116 r. 143
(b) Reference in that subsection (I) to the Town Clerk or of any other person authorised by him shall be read as reference to a District Superintendent or Superintendent.
(4) For the purpose of applying subsection (2) of section 44G to offences prescribed under Regulation 140, reference in that subsection (2) to the Town Clerk shall be read as reference to-
(a) Where the offence is detected in the Magistrates Courts District of Brisbane- The Secretary, Department of Transport, Brisbane; or
(b) Where the offence is detected in a Magistrates Courts District other than the Magistrates Courts District of Brisbane-the Clerk of the Court of the District in which the offence is detected, or if there is more than one Court in such District, the Clerk of the Court in that District nearest to the place where the Police Officer detecting the offence is stationed, or if the Police Officer detecting the offence is stationed in some other Magistrates Courts District, the Clerk of the Court of the District in which the offence is detected and nearest to where the offence is detected.
Substituted by regulations published Gazette 7 August 1965, pp. 1825-6 (as from 16 August 1965); as amended by regulations published Gazette 26 May 1979, p. 705; 18 August 1979, p. 2059.
PART 18