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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-06-03 Daily Xml
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VEHICLE BY-LAWS

The Hon. J.M. GAZZOLA (15:59): I move:

That by-law No. 8 of the Corporation of the City of Mitcham concerning vehicles, made on 2 April 2009 and laid on the table of this council on 7 April 2009, be disallowed.

This by-law is for the management and regulation of the movement of vehicles on roads and access to and use of local government land by vehicles. The by-law outlines activities requiring permission, and it also requires drivers to obey signs on local government land and to comply with any reasonable direction from an authorised person.

Specifically, the Road Traffic Act and the Australian Road Rules regulate the manner of driving and the movement of vehicles through the use of traffic devices. Therefore, clause 3 of the by-law attempts to regulate matters already covered by road traffic legislation. This by-law also attempts to regulate the movement of animals being driven or ridden on roads. Under the Road Traffic Act, driving or riding an animal makes it a vehicle. Councils do not have the power to make by-laws regulating vehicles on roads.

Finally, the by-law also requires drivers to follow reasonable directions from an authorised person relating to the driver's use of a vehicle on local government land. Authorised persons under the Local Government Act 1999 do not have the power under that legislation or under road traffic legislation to give directions relating to the use of a vehicle. The Legislative Review Committee has considered the by-law and believes that the by-law should be disallowed in that it unduly trespasses on rights previously established by law as it is inconsistent with road traffic legislation.

Motion carried.

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