Division 1 Installation, display and removal of prescribed traffic control devices

50   Interpretation

In this Division:

installation of a prescribed traffic control device includes the painting or formation of any marks or structure that constitute, or form part of, the device.

prescribed traffic control device means a sign, signal, marking, structure or other device to direct or warn traffic on a road or road related area (or part of a road or road related area) that is prescribed by the regulations for the purposes of this definition.

traffic control authority means:

(a)  the Authority, or

(b)  the Commissioner of Police, or

(c)  any other person (or person belonging to a class or description of persons) prescribed by the regulations for the purposes of this definition.

51   Appropriate authority for the purposes of this Division

For the purposes of this Division, a person has appropriate authority to install or display (or to interfere with, alter or remove) a prescribed traffic control device if:

(a)  the person is a public authority that has been directed by the Authority under Division 1C of Part 6 of the Transport Administration Act 1988 to install or display (or to interfere with, alter or remove) the device, or

(b)  the person is otherwise authorised in writing by the Authority to install or display (or to interfere with, alter or remove) the device.

Note. Division 1C of Part 6 of the Transport Administration Act 1988 enables the Authority to give certain public authorities directions in respect of safety and traffic management.

52   Unauthorised prescribed traffic control devices

(cf Traffic Act, s 4D (6))

(1)  A person must not, without appropriate authority:

(a)  install or display a prescribed traffic control device on, above or near a road or road related area, or

(b)  interfere with, alter or remove any prescribed traffic control device installed or displayed on, above or near a road or road related area.

Maximum penalty: 20 penalty units.

(2)  A person must not install or display on, above or near a road or road related area any sign, signal, marking, structure or other device that might reasonably be mistaken to be a prescribed traffic control device.

Maximum penalty: 20 penalty units.

53   Removal of unauthorised prescribed traffic control devices

(cf Traffic Act, s 4D (7) and (8))

(1)  A traffic control authority (or a person authorised by any such authority) may direct any person who contravenes section 52 to remove, within a time specified by the authority when giving the direction, the sign, signal, marking, structure or other device in respect of which the contravention took place.

(2)  A person to whom a direction is given under subsection (1) must comply with the direction.

Maximum penalty: 20 penalty units.

(3)  Without affecting any liability of any person under section 52 or subsection (2), a traffic control authority may remove, or cause to be removed, any sign, signal, marking, structure or other device installed or displayed in contravention of section 52.

54   Cost of removal of prescribed traffic control device

(1)  A traffic control authority may, by proceedings brought in a court of competent jurisdiction, recover the expenses that the authority has incurred in exercising the functions conferred by section 53 as a debt from the person who (without appropriate authority) installed or displayed the sign, signal, marking, structure or other device concerned.

(2)  A certificate that is issued on behalf of a traffic control authority by a person prescribed by the regulations (or by a person belonging to a class of persons so prescribed) and that states that a specified amount represents the costs incurred by the authority in carrying out specified work or in taking specified action for the purposes of section 53, is admissible in any such proceedings and is prima facie evidence of the fact or facts so stated.

55   Prescribed traffic control devices presumed to be lawfully installed or displayed except for purposes of section 52

(cf Traffic Act, s 4D (9))

In proceedings for an offence against this Act or the regulations (other than an offence against section 52 (1)), a prescribed traffic control device that is installed or displayed on, above or near a road or road related area is conclusively presumed to have been lawfully installed or displayed there under this Act.